December 3, 1984 - 10:00 AM - County Board of Commissioners Meeting Minutes

December 3, 1984The Johnston County Board of Commissioners met in regular sessionMonday, December 3, 1984, at 10 oclock am in the Commissioners Room, JohnstonCounty Courthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice ,Chairman, JamesCommissioner Frank B Holding moved that Norman C Denning be nominatedfor Chairman of the Board of County CommissionersCommissioner Howard Benton seconded the motionThe Clerk called for any other nominations for ChairmanCommissioner James W Cash moved the nominations be closedCommissioner Frank B Holding seconded the motion which was carriedNorman C Denning was elected Chairman of the Johnston County Boardof Commissioners by unanimous voteThe Clerk turned the meeting over to the Chairman for the electionof a Vice ChairmanW Cash,John M Booker, DVM, and Howard BentonMembers Absent NoneThe Chairman called the meeting to order and thefo? lowing businesswas transactedi1MinutesThere being no corrections to the minutes of theNo?ember 5th andNovember26, 1984, board meetings, the Chairman declared themin tes be approved--as recorded2Oath of Office AdministeredWill R Crocker, Clerk of Superior Court, administered the Oath ofOffice tothe following elected officialsJohn M Booker, DVM and Howard Benton, CountyComimissioners; JohnAustin,Member, Soil Conservation Board; and Royster Martin, Member, Boardof Education3Reorganization of Board of County CommissionersNorman C Denning asked the Clerk to the Boardto preside in theelectionof a Chairman of the Board of County CommissionersThe Clerk called for nominations for Chairman ofthe Johnston CountyBoard ofCommissioners to serve a one year termCommissioner Frank B Holding moved that Norman C Denning be nominatedfor Chairman of the Board of County CommissionersCommissioner Howard Benton seconded the motionThe Clerk called for any other nominations for ChairmanCommissioner James W Cash moved the nominations be closedCommissioner Frank B Holding seconded the motion which was carriedNorman C Denning was elected Chairman of the Johnston County Boardof Commissioners by unanimous voteThe Clerk turned the meeting over to the Chairman for the electionof a Vice ChairmanIDecember 3, 1984 ContinuediThe Chairman called for nominations for Vice Chairman of the JohnstonCounty Board of Commissioners to serve a one year termiCommissioner James W Cash moved that Frank B Holding be nominatedfor Vice Chairman of the Board of County CommissionersCommissionerHowardBentonseconded the motionThe Chairmancalledfor anyother nominations for Vice Chairmanyou for yourThere being no other nominations for Vice Chairman it was moved andpassed by unanimous vote that Frank B Holding be elected Vice Chairman ofthe Johnston County Board of Commissioners4 Appointment - Clerk to the BoardBy consensus of the board, Eleanor N Creech was appointed as Clerkto the Board of County Commissioners to serve at the pleasure of the boardOath of Office of Clerk to the BoardWill R Crocker, Clerk of Superior Court, administered the Oath of Officeto Eleanor N Creech, Clerk to the Board5 Natural Gas Storage Facility - Bentonville TownshipMrs Alice Thomas, spokesman, along with other property owners from Benton-ville Township, i met with the board regarding a natural gas storage facility tobe built in the Bentonville Community These property owners are very much concernedabout restrictions that will be placed on property around this facility MrsThomas told the board the have been offered 50 an acre for rights to theirY 9property and they feel this is a very unfair price; and further there are manyunanswered questions about the entire situation and they would like to be betterinformed The board advised they have no authority in this matter; however,in the future if there is anything they can do, the Chairman offered their services,but in the meantime, the board suggested to this group to seek legal adviceThe board also asked the County Planner to contact a representative of the NorthCarolina Natural Gas regarding this groups concern l6 North Carolina Department of TransportationWayne Bailey, District Engineer, North Carolina Department of Transportation,Division of Highways, visited with the board and reported on a request to abandonSR # 1553 Mr Bailey stated this road serves as a connecting road and itwould not be in the best interest of the public to abandon maintenance of thisroad It was - reported to the District Engineer that S R # 1573 needed the roadnumber posted7 Southern Railway - Princeton Waterline Right of WayKramer Jackson, County Manager, read the following letter from SouthernRailwayIn connection with your second paragraph, the Railway Company does notallow permanent easements for utility lines The charge will cover theplacement of this line on Railway property and the agreement drawn willbe a license to allow this pipeline to be on Railroad right of way Thereare other provisions in the agreement coverning possible adjustments tothe water line if Railroad operations require use of the Railroad rightof way for Railway tracks or industrial tracks leading to industriesWe have had many such license agreements in effect for over 100 yearswithout any adjustments needed to the utility line However, if a industry ,locates along the Railway line and needs rail service, the water line mayneed modification to allow for the track construction to serve this industryThis is normal Southern Railway policy and is handled over the entiresystem with the various cities, towns and counties of the various statesthat we serveDate November 29,1984Contents of LetterThis will acknowledgereceipt and thankyou for yourletter of November27, 1984, concerning JohnstonCounty Board ofCommissionersagreeing to paythe one -time assessmentcharge of 14,637for placementof 16 water line parallel to Railway tracksnear Princeton, NorthCarolinaIn connection with your second paragraph, the Railway Company does notallow permanent easements for utility lines The charge will cover theplacement of this line on Railway property and the agreement drawn willbe a license to allow this pipeline to be on Railroad right of way Thereare other provisions in the agreement coverning possible adjustments tothe water line if Railroad operations require use of the Railroad rightof way for Railway tracks or industrial tracks leading to industriesWe have had many such license agreements in effect for over 100 yearswithout any adjustments needed to the utility line However, if a industry ,locates along the Railway line and needs rail service, the water line mayneed modification to allow for the track construction to serve this industryThis is normal Southern Railway policy and is handled over the entiresystem with the various cities, towns and counties of the various statesthat we serve¦December 3, 1984 ContinuedI hope this information clears up any questions you may have and wouldappreciate your advice of acceptance in order that I may have the licenseagreement prepared for execution with the one -time assessment charge of14, 637 Very truly yours,O G MillsSuperintendentThe board requested additional clarification on the lease agreement foran easement The board agreed to instruct the County Attorney to provide additionallegal clarification8 Subdivision - John Vinson Lipscomb9 Water Line to Active Knits - Contract AwardedAfter review and upon the recommendation of the engineers, CommissionerJames W Cash moved that Ray Johnson Construction Company, Erwin, NC, withthe low bid of 27,70339, be awarded the contract to construct the 12 waterline to the plant site of Active Knits, Inc, on US Highway 70ACommissioner Frank B Holding seconded the motion which was carriedby unanimous vote10 Bids - Landfill CompactorThe following bids were received, opened and read aloud by the CountyManager for a Landfill Compactor1 Carter Machinery Company, Chesapeake, Virginia No Bid2 Blanchard Machinery Company, West Columbia, South CarolinaCaterpillar 826 -C - Total including all taxes 231,840003 Gregory Poole EEquipment Company, Raleigh, North Carolina; Wilmingtonand EdentonCaterpillar 826 -C - Total including all taxes 164150500Bid Bond Enclosed4 North Carolina Equipment Company, Raleigh, North CarolinaTana 30 - Total including all taxes 158,33675Bid Bond EnclosedThe County Manager recommended the staff Landfill Manager and CountyPlanner be allowed to study and review these bids and come back to the boardwith a recommendation The board agreed11 Summary of Architect - County AgreementThe County Manager presented and read the following agreementSummary of Architect - County AgreementDecember 3, 1984Prepared by the Office of County ManagerUpon therecommendationof the County Planning Board,and upon motionbyCommissionerJames W Cash, duly seconded by CommissionerFrank B Holdingandcarried, theJohn VinsonLipscomb Subdivision, located onSR # 1555, 1,000feetnorth of intersectionwithSR #1557, Clayton Township, Ilot, was approvedandthe Chairmanauthorized toexecute the plat9 Water Line to Active Knits - Contract AwardedAfter review and upon the recommendation of the engineers, CommissionerJames W Cash moved that Ray Johnson Construction Company, Erwin, NC, withthe low bid of 27,70339, be awarded the contract to construct the 12 waterline to the plant site of Active Knits, Inc, on US Highway 70ACommissioner Frank B Holding seconded the motion which was carriedby unanimous vote10 Bids - Landfill CompactorThe following bids were received, opened and read aloud by the CountyManager for a Landfill Compactor1 Carter Machinery Company, Chesapeake, Virginia No Bid2 Blanchard Machinery Company, West Columbia, South CarolinaCaterpillar 826 -C - Total including all taxes 231,840003 Gregory Poole EEquipment Company, Raleigh, North Carolina; Wilmingtonand EdentonCaterpillar 826 -C - Total including all taxes 164150500Bid Bond Enclosed4 North Carolina Equipment Company, Raleigh, North CarolinaTana 30 - Total including all taxes 158,33675Bid Bond EnclosedThe County Manager recommended the staff Landfill Manager and CountyPlanner be allowed to study and review these bids and come back to the boardwith a recommendation The board agreed11 Summary of Architect - County AgreementThe County Manager presented and read the following agreementSummary of Architect - County AgreementDecember 3, 1984Prepared by the Office of County Manager1 Arch i tect agrees to provide basic services for thenew Johnston CountyCourthouse Annex, consisting of approximately 80,000sq ft of new lawenforcement center, court facilities, County officesand approximately a100 -bed jail facility, to be located directly to therear of the existingJohnston County Courthouse in Smithfield, North Carolina2 The architects basic services consist of five phasesand includes normalstructural, mechanical and electrical engineering servicesand any otherservice included as part of basic services3 The five basic services are as followsa Schematic design phaseb Design development phaseC Construction documents phased Bidding or negotiation phasee Construction phase - Administration of the constructioncontract4 Payments for basic services shall be made, monthly and shall be in proportionto services performed within each phase of service5 It is anticipated by the architect that the time period from signing thisdocument thru completion of the construction documents phase and review1will be approximately 82 months and the period for advertisement for bidsthru substantial completion will be approximately 212 months It is agreedthat in arder to adjust to the owners planning program, the advertisingfor bids may be delayed for six to eight months if the owner so desires6 The anticipated cost of the project is six million dollars7 The County and the architect agree to an architects fee of a lump sumof 330, 000 It is agreed that the above lump sum fee of 330,000 is thetotal basic compensation due the architect for this project if the constructioncost is between 5,500,000 and 6,500,000 as anticipated If the projectconstruction costs are either less or more than the above stipulated range,the architects basic compensation will be adjusted either downward orupward accordingly at the rate of 55 times the amount either below orabove the stipulated cost range9Pa10Estimated Phase CostSchematic Design PhaseDesign Development PhaseConstruction Documents PhaseBidding or Negotiation PhaseConstruction PhaseEstimated budget year costpercent1549,500percent20 66,000percent40_1,3,2,U00percent 5 169500percent20661000ThroughJune 30,1985 115, 500ThroughJune 30,„ 19,616 955,181ThroughJune 30,19873,452724ThroughJune 30,19881 , 806, 595Estimate through design development phase during present budget yearEstimate advertising for bids in April 1986Estimate project completion in April 1988The Board is hereby cautioned that agreement to this contract commitsthe County to reserve all capital outlay funds for the next three budgetyears to the Courthouse Annex project The Board can not follow throughon this project while committing capital outlay funds to other projectswithout tax increases The one exception being the approximation of thesame level of capital outlay commitments to the public school system asthis years amount1 1 It is hereby recommended that the Board authorize the Chairman to executethe proposed architect agreement between the County of Johnston and Grier -Fripp Associates, IncaThe board took no action on this matter at this time and agreed to reconsiderit at their next meeting12 Clayton 201 ProjectThe County Manager presented and read the following report to the boardClaytons 201 ProjectA Report to the Johnston County Board of CommissionersPURPOSE At the November 5, 1984, meeting of the Board, the County Managerwas instructed to meet with the Town of Claytons engineer and with themanager of Cutter Laboratories and to report back to the Board with arecommendation as to the role the County would play in financing theexpansion of Claytons Waste Treatment Plant This report is being madefor that purposePLANT CAPACITY The Clayton plant has a State approved capacity of600,000 gallons per day The town has a requirement of 910,250 gallonsper day The Clayton Board is considering increasing the plant capacityto either 12 million gallons per day or 15 million gallons per daytl487December 3, 1984 ContinuedOPTIONS The Clayton Town Board has considered three options Optionnumber one was the most expensive and required the construction of anew plant on the Neuse River along with the expansion of the presentplant Option number one has been ruled out Option number two requiresthe construction of a new waste treatment plant near the Cutter site tobe owned and operated by the County The new plant would have a capacityof 400,000 gallons per day and the present plant in Clayton would havean increased capacity of 800,000 per day This is the plan favored bythe Town BoardOption number three requires the expansion of the present waste treatmentplant to an expansion of either 12 million gallons per day or 15 milliongallons per dayCOST OF OPTIONS Option 212 milliongallons perday;Totalcost 3,082,700County Cost948,300and administeredentirely15 milliongallons perday;Totalcost 3,776,070County Cost 970,300of site,has no offensive odor and will providesome relief to CutterOption 3relief toCutter comes in a request for the County to takeover all admin-12 milliongallons perday;Totalcost 3,014,700County Cost510,60015 milliongallons perday;Totalcost 4,160,130County cost1,281,700The Countys cost runs from a low of 510,600 to a high of 1,281,700INDUSTRIES POSITION The position of industryis thatthey wouldliketo havea good reliable system, low in usercharges,and administeredentirelyby government Cutters manager has no strongobjection tothewaste treatment plant being close to Cutter aslong asthe plant isoutof site,has no offensive odor and will providesome relief to CutterThisrelief toCutter comes in a request for the County to takeover all admin-istrationand responsibility for pretreatment,now theresponsibilityofCutterI would like to recommend against the County assuming responsibility forthe pretreatment of any industrys waste County government would haveno control over the amount nor the strength of the industrys influentinto the system The County should not allow itself to be placed in aposition of policing a private plants activities since the County mostlikely would not have the privilege of knowing the industrys businessThe various trade offs in future directions of the amounts and strengthsof influent into the plants waste water is a corporate decision, not aCounty decisionRECOMMENDATION It is recommended to the Board of County Commissionersthat the County endorse option 3, the expansion of the Town of ClaytonsWaste Water Treatment Plant to a capacity of 12 million gallons per dayIt is also recommended that the County loan the Town of Clayton 510,600,the amount necessary to provide waste water treatment capacity for industriesoutside the corporate town limits of Clayton, an amount representing approx-imately 29 of the total capacity of the plantIt is further recommended that the County reserve a capacity of 100,000gallons per day for further growth of industries outside the corporatecity limits of Clayton and that the County add an additional 149,271to the loan amount of 510,600SCHEDULE OF PAYMENTS The total amount of County commitment to theClayton 201 project is hereby set at 659,871 The loan to the Town of Claytonwi I I be available as followsBudget year 1986 -1987 219,957Budget year 1987 -1988 219,957Budget year 1988 -1989 2197957REIMBURSEMENT TO COUNTY The Town of Clayton shall reimburse the Countythe total 659,871 at an interest rate of 5 per year on unpaid balanceover a period of fifteen yearsDecember 3, 1984 ContinuedThe payment to the County is to be derived from user fees and paid annuallyin the amount of 43,991 principal and 15,207 in interest for an annualpayment of 59,198Respectfully submitted the 3rd day of December, 1984Kramer JacksonCounty ManagerThe board discussed this project at length They agreed the county doesnot need to build an additional treatment plant, and to expand Claytons WastewaterTreatment Plant is the most feasible thing to do The board emphasized the userfee system for pay back to the county Commissioner James W Cash stated thathe favors the County Managers recommendation; that the County endorse Option# 3After much discussion, Commissioner Frank B Holding moved that basedon the County Managers recommendation, the board adopt a resolution that thecounty support Option # 3 as outlined by the County Manager; including theextra reserve capacity; with reimbursement to the County at an interest rateof 6 per year on the unpaid balance over a period of fifteen yearsCommissioner James W Cash seconded the motion There was no vote on this motion Commissioner Howard Benton expressed strong reservations about the countytaking on this project because of the financial obligation Commissioner Bentonemphasized that he wants a written agreement to protect the countys financialinterestCommissioner Benton offered an amendment to the above motion; that theTown of Clayton furnish the county with a written statement they are willingand able to repay a county loanThere was no second to this amendment and no vote13 Johnston Technical College - Fire Training FacilityCommissioner James W - Cash moved that 5,59397 be approved and appro-priated from the Contingency Fund to complete the installation of waterlines nowin progress to the fire training facility at Johnston Technical CollegeCommissioner John M Booker seconded the motion which was carried byunanimous vote14 Clayton 201 ProjectCommissioner James W Cash seconded the motionIn discussion, Commissioner Howard Benton questioned Claytons abilityto repay the county Commissioner Benton recommended that the Town of Claytonbe instructed to go on record to reimburse the county on a regular basis forthis expenditure, plus go back and pick up the delinquent payments on the prioryears loansNo action on this recommendationThe above motion # 14 - Clayton 201 Project by Commissioner Frank BHolding and seconded by Commissioner James W Cash was carried by the followingvoteAye James W Cash and Frank B HoldingNay Howard Benton and John M BookerChairman Norman C Denning cast an aye voteCommissionerFrankB Holdingmoved the county support the Clayton Communityandparticipate intheexpansionof the Clayton Wastewater Treatment Plant ona user fee basis;thecounty tofinance their part of the outside users, plustheextra reservecapacity;and furtherto indicate to the people of Clayton thattheCounty will loan the Town ofClayton 659,871; at an interest rate of 6peryear on the unpaidbalance over a period of fifteen years; with the under-standingthat theTownof Claytoncharge fees to outside users to amortize thepaybackCommissioner James W Cash seconded the motionIn discussion, Commissioner Howard Benton questioned Claytons abilityto repay the county Commissioner Benton recommended that the Town of Claytonbe instructed to go on record to reimburse the county on a regular basis forthis expenditure, plus go back and pick up the delinquent payments on the prioryears loansNo action on this recommendationThe above motion # 14 - Clayton 201 Project by Commissioner Frank BHolding and seconded by Commissioner James W Cash was carried by the followingvoteAye James W Cash and Frank B HoldingNay Howard Benton and John M BookerChairman Norman C Denning cast an aye votes 1iDecember 3, 1984 Continued15 Wilsons Mills Community Development ProjectThe County Manager made the following report on the Wilsons Mills CommunityDevelopment ProjectSUMMARY OF WILSONS MILLS COMMUNITY DEVELOPMENT PROJECTDecember 3, 1984Prepared by the Office of County Manager1 The Stateagreesto release the county from its 100,000 commitmentto the WilsonsMillsProject providingthe County installs a 12 waterline to the siteat anapproximate cost of419,000 and spends an additional40,000 within the CD Projectara for waterdistribution lines2 The Countyscostremains either at100,000 in the CD Project Areaor a combinationof costinside and outsidethe area of 459,0003 The Town of Selma is sti I I hopeful of a waterline from Selma to WilsonsMills to serve the oil - gasoline storage areaThe board discussed the waterline cost from US 70 to Wilsons M i l l s 459,000;as compared to the countys cost for the well system at 100,000 CommissionerHoward Benton stated he would like for the county to run a waterline to WilsonsMills, if the county had the money Commissioner John M Booker concurred, andstated he is ready to sit down and try to determine where the county standsas far as capital projects and expenditures are concerned Commissioner Bentonquestioned the County Manager about the new Courthouse Annex Building in regardsto the expenditures for these water lines The County Manager replied the newbuilding would definitely be affected and delayed by these other capital expendituresThe Chairman reminded board members that he would not favor a tax increasecome next budget time Commissioner James W Cash stated in reference to theWilsons Mills Project, I hate to see the county get into the well business ;Commissioner Holding stated that wells are not the answer After much discussion, Commissioner Frank B Holding moved the countybuild a waterline to the Wilsons Mills Community Development area and thatthe money come from unappropriated surplusThis motion died for lack of a secondIn further discussion, Commissioner Holding commented that in regardsto the Wilsons Mills Community Development Project the county may be able totie on to the schools well and dig one additional well The board asked theCounty Manager to explore this alternative16 Secondary Road # 2346 Named - North Wilson StreetAs requested by the Kenly Town Council, and due to annexation of a parcelof land abutting SR #2346, Commissioner Howard Benton moved that this portionof Secondary Road #2346 be named North Wilson StreetCommissioner John M Booker seconded the motion which was carried17 Appointments- Benson Planning Board and Board of AdjusjtmentsUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerFrank B Holding and carried, the following appointments were madeBenson4 Because of the legal requirement to provideadditionaljailcapacitydate 117587;and toprovide safety for jail inmates and because ofthe absenceof sufficientII586;countyfunds to construct additional waterlines atthis time;it is herebyrecommended that the board limit its commitment tothe W i l sonsMills CDProjectto the 100,000 with the understanding thatthe wellswillbe cutoff atsome future date when a waterline wi 1 I bebuilt to serveWilsonsMillsThe board discussed the waterline cost from US 70 to Wilsons M i l l s 459,000;as compared to the countys cost for the well system at 100,000 CommissionerHoward Benton stated he would like for the county to run a waterline to WilsonsMills, if the county had the money Commissioner John M Booker concurred, andstated he is ready to sit down and try to determine where the county standsas far as capital projects and expenditures are concerned Commissioner Bentonquestioned the County Manager about the new Courthouse Annex Building in regardsto the expenditures for these water lines The County Manager replied the newbuilding would definitely be affected and delayed by these other capital expendituresThe Chairman reminded board members that he would not favor a tax increasecome next budget time Commissioner James W Cash stated in reference to theWilsons Mills Project, I hate to see the county get into the well business ;Commissioner Holding stated that wells are not the answer After much discussion, Commissioner Frank B Holding moved the countybuild a waterline to the Wilsons Mills Community Development area and thatthe money come from unappropriated surplusThis motion died for lack of a secondIn further discussion, Commissioner Holding commented that in regardsto the Wilsons Mills Community Development Project the county may be able totie on to the schools well and dig one additional well The board asked theCounty Manager to explore this alternative16 Secondary Road # 2346 Named - North Wilson StreetAs requested by the Kenly Town Council, and due to annexation of a parcelof land abutting SR #2346, Commissioner Howard Benton moved that this portionof Secondary Road #2346 be named North Wilson StreetCommissioner John M Booker seconded the motion which was carried17 Appointments- Benson Planning Board and Board of AdjusjtmentsUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerFrank B Holding and carried, the following appointments were madeBensonPlanning BoardLarry Massengill,Route # 1, Benson,NC; expirationdate 117587;ChesterMitchell, Route #11 Benson, NC;expiration dateII586;Joseph Johnson,Route # 3, Benson,NC; expiration dateII585Benson Board of Adjustments Robert Dickens, Route # I, Benson, NC;expiration date 111386DetailsAnnotationsEntry PropertiesModified11192013 121652 PMCreated4172003 11017 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date1231984Book17