May 4, 1998 - 10:00 AM - County Board of Commissioners Meeting Minutes

May 4, 1998 - RegularMay 4, 1998The Johnston County Board of Commissioners met in regular session Monday, May 4, 1998, at 1000am in the Commissioners Meeting Room, Johnston County Courthouse Annex, Smithfield, NorthCarolina, with the following membersPresent Norman C Denning, Chairman, James W Cash, Vice Chairman, Eleanor N Creech,Cookie Pope, Thomas M Moore and James H Langdon, JrAbsent Jerry F WoodAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 1 MinutesChairman Denning asked if there were any corrections to the minutes ofthe April 6, 13, 1998 boardmeetings There being no corrections, the Chairman declared the minutes approved as presentedUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board recessed regular session to sit as the Archers Lodge WaterDistrict Board2 2 Public Hearing - Archers Lodge Water District Bond OrderAdvertised in The Smithfield Herald on April 10, 1998The Chairman opened the public hearing and invited anyone who wished to make comments on thequestions ofthe validity ofthe bond order for the Archers Lodge Water District as introduced at the April6, 1998 meeting and advertised on April 10, 1998, and the advisability of issuing the bondsCounty Manager, Richard Self, read the title of the bond order stating the maximum aggregateprincipal amount of the bonds as 6,200,000There being no public comments, the Chairman closed the public hearingUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adjourned the Archers Lodge Water District Board to meet as thePrincetonKenly Water District Board3 3 Public Hearing - Princeton Kenly Water District Bond OrderAdvertised in The Smithfield Herald on April 10, 1998The Chairman opened the public hearing and invited anyone who wished to make comments on thequestions of the validity of the bond order for the PrincetonKenly Water District as introduced at theApril 6, 1998 meeting and advertised on April 10, 1998, and the advisability of issuing the bondsCounty Manager, Richard Self, read the title of the bond order stating the maximum aggregateprincipal amount of the bonds as 6,000,000There being no public comments, the Chairman closed the public hearingUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board adjourned the PrincetonKenly Water District Boardand resumed regular session4 Department of Transportation - Addition to SystemThe Board reviewed a petition presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenance35Fawn Lane, Millstone Drive, and Doe Lane in Millstone Manor Farms Subdivision, WildersTownship, and Forest Oaks Drive, Deep Forest Lane and Post Oak Court in Cooper FarmsSubdivision, Wilders TownshipFollowing review, Commissioner Thomas M Moore moved the Board concur with the NCDepartment of Transportations request to add the roads listed above to the State Maintained SystemCommissioner Cookie Pope seconded the motion, which carried by unanimous vote5 5 Home Health Hospice Care - PresentationBeverly Withrow, president of Home Health and Hospice Care, Inc updated the Board on heragency and the work they are doing in Johnston County She stated one of the reasons she asked to appearbefore the Board was to inform the Commissioners that her agency was completely exonerated of thecharges of fraud that were brought against them by the state and federal governments last year Fivejudges at different levels of appeal all ruled that the charges should never have been brought against themand completely ruled in their favor She stated she hoped this would remove any questions the Board mighthave concerning the integrity of her agencyMs Withrow went on to explain the second reason she asked to address the Board was to informthe Commissioners of the adverse effect the 1997 Balanced Budget Act enacted by Congress has had onHome Health care The legislation cut vena puncture from Medicare coverage, and limited the number ofvisits allowed for certain illnesses When a patient is no longer able to have lab work done at home, theyare no longer eligible for nursing assistant visits Many home health patients live alone without a day timecare giver, and this has created a major concern for them Without the in -home blood work and nursingassistant visits, many will be forced to enter costly nursing home facilitiesChairman Norman C Denning commented that home health care, in his opinion, has been one ofthe most beneficial services ever provided the citizens He stated he would strongly support a resolutionrequesting a reversal of this legislation Other Board members agreed Commissioner Eleanor Creechnoted the children and the elderly need care, and this country should not neglect themDonna Creech executive director of Council on Aging, stated her agency has increased in -homevisits to help offset this, however, she can only do so much due to limited funds She agreed with MsWithrow that the elderly and homebound have been severely affected by this legislationUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board adopted the following resolutionRESOLUTIONWHEREAS The Johnston County Board of Commissioners is greatly concerned with affordablehealth care of its citizens that are disabled, elderly and infirm; andWHEREAS Home health agencies provide health care and assistance to these citizens in their ownhomes, within the familiar and comfortable surroundings of their loved ones; andWHEREAS The Balanced Budget Act enacted by Congress in 1997 has cut medical benefits tohomebound patients by removing vena puncture from the list of covered servicesunder Medicare, and limiting the number of visits allowed for certain chronic andserious illnesses; andWHEREAS Patients who can no longer receive blood work in their homes are also no longereligible for nursing assistant visits, which allows many patients to stay out of costlynursing home facilitiesNOW, THEREFORE, the Johnston County Board of Commissioners does hereby oppose any legislationthat cuts or reduces benefits for the elderly and infirm citizenry ofthis Country, and respectfully requestsNorth Carolinas Congressmen and Senators to introduce andor support existing action to repeal orreverse this legislationAdopted this 4th day of May, 1998366 ProclamationsA Older Americans Month, Senior Center Week and Senior Wellness WeekDonna Creech with Council on Aging explained the County has eight senior centers in operationShe introduced several of the directors that were present and noted they will be holding fund raisingevents during the month Also in attendance were a group of senior citizens who came to witness theBoard of Commissioners proclaim May as Older Americans Month and set aside two weeks for specialobservance in Johnston CountyUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the following proclamationPROCLAMATIONOLDER AMERICANS MONTH - MAY 1998WHEREAS, the theme for Older Americans Month Living Longer and Growing Stronger inAmerica is a salute to the growing numbers of older Americans who are livinglonger, becoming or staying healthy and strong and making continuing contributionsto our nations strength and success; andWHEREAS, this years theme recognizes the advances that continue to be made in medicine,science and technology that place America as a leader in a rapidly aging world; andWHEREAS, advances in preventive medicine, health promotion and physical fitness, housing,transportation, independent and assisted living devices, access to information, andopportunities for employment serve to make our seniors some of the healthiest, mosteducated, most active and independent in the world; andWHEREAS, later years can produce frailty in some persons; andWHEREAS, The Council on Aging has served Senior Citizens in Johnston County since 1973,helping them lead productive, healthy, independent livesNOW THEREFORE, BE IT RESOLVED that the Johnston County Board of Commissioners, doeshereby proclaim the followingOLDER AMERICANS MONTH MAY 1998SENIOR CENTER WEEK MAY 10-16,1998SENIOR WELLNESS WEEK MAY 17-23,1998ADOPTED this the 4th day of May, 1998B Mental Health Month and Johnston Community College Foundation MonthUpon a motion by Commissioner James W Cash, seconded by Commissioner Cookie Pope andcarried by unanimousvote, the Board adopted the following proclamationsPROCLAMATIONMENTAL HEALTH MONTH - MAY 1998WHEREASmental illness will strike one in four Americans in a given year without regard to age,gender, race ethnicity, religion or economic status; andWHEREASone in five children suffer from a diagnosable mental, emotional or behavioraldisorder and one in ten have a serious disorder which, if left untreated, can lead toschool failure, substance abuse and even suicide; andWHEREASall mental disorders collectively make mental illness the most prevalent healthproblem in America today - more common than cancer, lung and heart diseasecombined; andWHEREASmental illnesses are treatable and a majority of people who seek professional help aresuccessfully treated; andWHEREASmost health insurance plans impose discriminatory restrictions and limits on mentalhealth care and as a result many Americans spend thousands of dollars for out -of-pocket health care expenses or go without treatment; andWHEREAStreatment efficacy for mental disorders is favorable when compared to treatment forcommon physical ailments; andWHEREASparity in insurance coverage between mental health care will only add minimal coststo insurance premiums and may lead to decreases in total health care costs; and37WHEREAS, the National Mental Health Association and its partners celebrate National MentalHealth Month each year in May to raise awareness of mental health, mental illnessesand insurance discrimination against people with mental illnessesTHEREFORE BE IT RESOLVED that the Johnston County Board of Commissioners does herebyproclaim May, 1998 as Mental Health Month in Johnston County to increase understanding of mentalillnesses and the need for appropriate and equitable services for all people with mental illnessesProclaimed this the 4th day of May, 1998RESOLUTIONJOHNSTON COMMUNITY COLLEGE FOUNDATION MONTHHEREAS, Johnston Community College Foundation has served the students of Johnston County andsurrounding counties since 1982; andWHEREAS, Johnston Community College Foundation awarded over 17,000 in scholarship monieslast year to Johnston County citizens who otherwise would not have attended college; andWHEREAS, Johnston Community College Foundation serves as a vehicle to better the college andJohnston County by soliciting, managing, and dispersing funds and other assets of the institution; andWHEREAS, Johnston Community College Foundations ultimate purpose is to provide help for allstudents of Johnston County that need financial assistance; andWHEREAS, Johnston Community College Foundation provides a hand -up rather than a handoutto Johnston County citizens; andWHEREAS, Johnston Community College Foundation Board of Directors has dedicated the month ofMay for the Annual Spring CampaignNOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Commissioners that themonth of May be declared Johnston Community College Foundation MonthADOPTED this the 4th day of May, 19987 7 Recreation Grant - Request for ExtensionUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board granted a sixty -day extension of recreation grant 49798 -3 8for the Cooperative Extension 4 -H Program8 8 Budget Amendments ApprovedUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board approved the following budget amendmentsA Special AppropriationExpenditure Increase - FEMA Hazard Mitigation Grant - Joyner Property10 58556261 Joyner Property Acquisitions 177,20800Revenue Increase10 460035130 FEMA Disaster Payments177,20800B Emergency ManagementExpenditure Increase - State grant for digital camera to facilitate rapid damage assessments10 53007400 Capital Outlay 60000Revenue Increase10 35838200 Emergency Management RevenueC Social ServicesExpenditure Increase - Increase from State for Child Day Care10 61304519 Child Day CareRevenue Increase10 613034119 Child Day CareExpenditure Increase - for computer equipment and software10 61007400 Capital Outlay10 61004420 Software PurchasesExpenditure Decrease10 61401907 Medicaid County ShareTOTAL6000025,0000025,00000135,3340021,0220066,4200089,93600Revenue Increase10 610034123 Social Services Administration89,93600MM•D D Mental HealthExpenditure Increase - increase in patient fees, state federal funds, reduction in fund balancePersonal Services77,55200Supplies Materials36,20400Current Obligations Services28,62300Fixed Charges Other7,86400Capital Outlay12,78000Contracts, Grants, Other Subsidies39,70700TOTAL202,73000Revenue IncreasePatient Fees - Medicaid 81,84200State Funds 59,95500Federal Funds 97,29800Revenue Decrease 36,36500TOTAL 202,730009 9 Lower Neuse Basin Association - Acceptance of Grant and Budget AmendmentCounty Manager, Richard Self, informed the Board the County has qualified for a grant in theamount of 71,867 from the Lower Neuse Basin Association for installation of modifications at thewastewater treatment plant to improve nitrogen removal The project will cost 107,800 with the balancebeing funded by capital reserves funds in the wastewater treatment and transmission budgetUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board accepted the grant from the Lower Neuse BasinAssociation, authorized the County Manager to sign the necessary documents and approved the followingbudget amendmentExpenditure Increase10 79107400 Capital Outlay 107,80000Revenue Increase68 791036195 Capital Reserves - Wastewater 35,9330068 791036198 Lower Neuse Basin Assoc Grant 71,8670010 10 Agriculture Building Auditorium - Rental Rate IncreasedThe Board considered a request from Extension Director, Ken Bateman, for an increase of therental rate and cleaning deposit for the Agriculture Building auditorium Currently the 85 rent isconsiderably lower than other comparable facilities in the area, and the 15 cleaning deposit will notcover basic cleaning Recently several renters have abused the facility and it has been impossible tocollect additional funds after the factFollowing discussion, Commissioner James W Cash moved the Board increase the rental ratefor the Agriculture Building auditorium to 200 for a five -hour rental period, and increase the cleaningdeposit to 75 as recommended Commissioner Thomas M Moore seconded the motion, which carriedby unanimous vote11 11 Resolution Requesting Legislators Increase Facilities and Officers FeesThe County Manager requested the Board adopt a resolution asking the General Assembly toincrease the facilities and officers fees under GS 7A -305 and GS 15 -209 These fees help offset the costto counties for providing space for state agencies, and even if doubled as recommended, would onlyrepresent a portion of the actual costsFollowing discussion, Commissioner Thomas M Moore moved the Board adopt the followingresolution Commissioner James W Cash seconded the motion, which carried by unanimous vote39RESOLUTIONINCREASE IN FACILITIES AND OFFICER FEESUNDER GS 7A -305 AND GS 15 -209WHEREAS, Boards of County Commissioners are required under North Carolina General StatutesChapter 7A -302 to provide adequate courtrooms and judicial facilities within their boundaries; andWHEREAS, Boards of County Commissioners are required under North Carolina General StatutesChapter 15 -209 to provide suitable accommodations for probation officers in or near the courthouse; andWHEREAS, the North Carolina Legislature since 1965 has recognized the financial burden uponcounties, and as a result enacted NCGS 7A- 304 -305, which establishes fees which in 1994 were setat 600 per case for facilities and 500 per case for officers; andWHEREAS, the costs incurred by counties have risen dramatically through the construction andrenovation of courtrooms, judicial offices, clerk -of- superior court offices, through the employment ofadditional bailiffs for court proceedings and safety, and for the installation of security systems to reducethe occurrence of courthouse violence; andWHEREAS, as the result of these additional requirements, the County now incurs direct expensesat a ratio of 351 over revenues received from facilities fees and incurs total expenses at a ratio of 581over revenues received for the total judicial operations; andWHEREAS, the recent and projected addition of probation officer positions in Johnston County,as well as 180 statewide, by the Legislature during the 1997 Session has resulted in many countieshaving to secure privately leased space to house these new State probation officers; andWHEREAS, the costs of court represents those costs associated with providing a judicial systemwhereby only those charged and convicted under the laws ofthe State ofNorth Carolina bear the primaryfinancial burdenNOW, THEREFORE, BE IT RESOLVED THAT1 The Johnston County Board of Commissioners request that its legislative delegation in the NorthCarolina General Assembly introduce and support statewide legislation to increase the facilitiesfrom the present 600 per case to 1200 per case, and the officers fee from the present 500 percase to 1000 per case, which will partially defray the costs of maintaining judicial facilities; and2 This Resolution be forwarded to the North Carolina Association of County Commissioners torequest their assistance in the 1998 Short SessionAdopted the 4th day of May, 199812 12 AppointmentsA Planning BoardUpon a motion by Commissioner James W Cash, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board reappointed Timothy Lee Adams and W Bryant Wellonsto the Johnston County Planning Board for three year terms to expire May 2001B Fire Protection District CommissionsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board made the following appointments to fire district commissionsfor two year terms to expire May 2000Elevation - Reappointed Jerry Allen, Jimmy Stanley and James JohnsonMcLemore - Reappointed Betty Jo Hatcher and DR WellsMeadow - Reappointed - Roy Johnson, JrC Local Emergency Planning CommitteeUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board reappointed Gerry Mouzon and appointed LarrySullivan to the Local Emergency Planning Committee for two year terms to expire May 2000D Pleasant Grove Community Building Board of TrusteesUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board made the following appointments to the Pleasant GroveCommunity Building Board of Trustees for two year terms to expire May 2000 Reappointed NormanHunter Aiken, James R Smith, Charlie C Watson, and Willard Birchel Byrd Appointed BobbyEdgerton41Following discussion, Commissioner Cookie Pope moved the Board approve the cost of theproposed 33 acre site of the new Cleveland Middle School at 13,000 per acre, a total of 429,000, asrequested by the Board of Education Commissioner Thomas M Moore seconded the motion, whichcarried by unanimous vote16 Board of Equalization ReviewThe Commissioners were sworn in as members of the Board of Equalization and Review by Clerkof Superior Court, Will R CrockerUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board recessed regular session to sit as the Board of Equalization andReviewTax Administrator, Sterling Hancock, stated his office would be ready to present cases for theBoards consideration by the middle of JulyFollowing discussion, Commissioner Cookie Pope moved the Board recess the Board ofEqualization and Review until Monday, August 3, 1998 at 200 pm, and resume regular sessionCommissioner Eleanor N Creech seconded the motion, which carried by unanimous vote17 Law Enforcement Officers Association - Request for Monument for Slain OfficersWalter Martin, president of the Law Enforcement Officers Association, addressed the Boardconcerning the Associations wish to erect an outside monument to the slain officers in the County Hestated the Association received a response to their original request from Chairman Norman C Denning,on behalf of the Board, recommending a plaque inside the Sheriffs new facility He stressed, however,the Association wants a monument on the outside of the building representing a central location for allareas of law enforcement, not just the Sheriffs DepartmentFollowing discussion, the Chairman stated the Board would take this matter under advisement18 Available and Feasible Water Sewer Connection PolicyEngineer Tim Broome presented a revised draft of the Available and Feasible Water and SewerConnection Policy for the Boards consideration The water and sewer connection policy committee hasmade revisions based on the results of a stakeholders meeting on March 12th, as well as input from theHealth Board, Environmental Health staff and citizens who made comments during recent water districtcommunity meetings He outlined the major changes as follows• Deleted - requirement for connection of existing individual residents with unsuitable wellsandor septic tanks• Deleted Wholesale requirement for connection of subdivisions to sewer• Reduction of district requirement for new individual residents• No Change requirement for connection of subdivisions to public water systems andconnection of existing and new businesses to public water sewer systemsMr Broome recommended approval of the revised proposed policy to be effective July 1, 1998County Manager, Richard B Self, pointed out this policy was generated because of the State haslegislated mandatory connection The State Plumbing Code requires connection to public water andsewer where available and feasible, but has left if up to the counties to determine a definition for theterms available and feasibleCommissioner Cookie Pope asked how a replacement of an existing structure on the same lot wouldbe affected by the policy She noted, in her opinion, the property owner should not be forced to connectunder these circumstancesFollowing discussion, the Board agreed the policy should be amended to state connection to wateris not required when replacing a structure on an existing lot42Upon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board adopted the following policy for Water andSewer Connection as revised and amended aboveJohnston County Water and Sewer Connection PolicyUnder the following conditions, connection to public water and sewer facilities is deemed availableand feasible In these cases, service shall be provided by the public utility in lieu of installation ofindividual wells and septic tanks, or installation of a community private utility systemUtility Present User Classification Distance to utility easement or public right -of -way adjacent to the water andor sewermain See definitions for distance belowWater only Major subdivisions or multi -unitresidential developmentExisting business with anunsuitable wellNew businessNew individual residenceWater and Sewer Subdivisions or multi -unitresidential developmentNotesExisting business with anunsuitable well andorfailedfailing septic tankNew businessNew individual residence60 lf per lot or unit or 1,000lf, whichever is greater, based on thedevelopment master plan1,000 lf115001f3501fWater 60 lf per lot or unit or 1,0001f, whichever is greater, based on thedevelopment master planSewer All structures within 300 lf1,000 lf115001fWater 350 L fSewer2001fDistance for individual residences and businesses shall be measured from the closest structurerequiring service across the subject land parcel to the edge ofthe public right -of -way or easement hostingthe water or sewer utility The condition will apply only when the utility easement or public right -of -wayhosting the utility is contiguous with the subject propertyDistance for all other applications shall be measured from the closest property line of theparcel requiring service along public rights -of -way andor easements to the edge of the publicright of way or easement hosting the water or sewer utilityA new individual residence that is constructed to replace an existing residence shall be deemedan existing residence and shall not be subject to this policy13 A major residential subdivision is defined as 7 lots or more subdivided for residential useIncluded are mobile home parks and multi - family developments14 Public water and sewer facilities are water and sewer systems owned, operated, andmaintained by Johnston County, a County special service district, a sanitary district, ora public not for profit water andor sewer authority15 Business is defined as a non - residential or non - agricultural land use with a water usageof 500 gpd or greaterNon - profit entities will be evaluated on a case by case basis and, under hardship circumstances,may be exempted from this policyDetailsAnnotationsEntry PropertiesModified11192013 24917 PMCreated3242003 14655 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date541998Book21