August 5, 1985 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for ,Johnston CountyAugust 5, 1985The Johnston County Board of Commissioners met in regular session Monday,August 5, 1985, at 10 oclock am, in the Commissioners Room, Johnston CountyCourthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneAlso present Kramer Jackson, County Manager, Eleanor N Creech, Clerkto the Board, and W R Britt, County AttorneyThe Chairman called the meeting to order and the following business wastransacted1 Minutesboard greet i ngsThe minutes of the June 24th, June 26th, July 1st and July 22, 1985, standapproved as recorded2 Tobacco Museum - Inter -Local Agreement Johnston and Wilson CountiesSusan Bailey,representing the Tobacco Museumof North Carolina Ken I y met with the boardrequesting a 5,000 contribution for theTobacco Museumbuildingfund The TobaccoMuseum representatives have alsorequested 5,000from theWilson County Boardof Commissioners The Wilson CountyManager advisedby letterthe only acceptableway Wilson County could make sucha contribution, ifit wishedto do so, would be through an inter- local cooperativeagreement betweenthe twocountiesonmental protection and urbanrenewalThe County Manager explained the question is whether or not this boardwishes to enter into an inter -local cooperative agreement with Wilson County Boardin order that both boards might legally appropriate money from time to time tothe Tobacco Museum of North Carolina, Located in Ken I y, Johnston CountyAfter discussion of this matter with reference to the above conditions; Com-missioner Howard Benton moved the Johnston County Board of Commissioners enterinto an Inter - Local Cooperative Agreement with the Wilson County Board of Com-missioners that wi I I enable Wilson County to appropriate funds for the TobaccoMuseum of North CarolinaCommissioner James W Cash seconded the motion which was carried by unan-imous vote3 Subdivisions Approved - Autumn Run and Sandy HillUpon the recommendation of the County Planning Board, and upon motionby Commissioner Frank B Holding, duly seconded by Commissioner John M Bookerand carried, the Autumn Run Subdivision, Durwood Stephenson, owner, located StateRoad # 1010 next to Swift Creek Subdivision, Cleveland Township, 8 lots s, finalphase, no restrictions, was approved and the Chairman authorized to execute theplatUpon the recommendation of the County Planning Board, and uponmotionby Commissioner JamesW Cash, duly seconded by Commissioner HowardBentonand carried,the SandyHill Acres Subdivision, D Howard Cupp, owner,locatedState Road #1,317 off NCHwy 210, Pleasant Grove Township, 7 lots Lots # 8through# 14 finalphase, norestrictions, was approved and the Chairman authorizedplanning; zoning;to execute theplatland use controls;building4 Mobile Home Park MoratoriumThe 90 day moratorium on mobile home parks declared by the Board of CountyCommissioners on July 22, 1985, was enacted to give the County Planning Boardsome time to study the Countys Mobile Home Park Ordinance in order to considerstrengthening restrictions on mobile home park development The staff interpretedthe moratorium to mean a complete moratorium and as such the staff has madeno exceptions to the moratoriumiiiiIt1The CountyManagerintroducted PhillipGreen, Jr, from the Institute ofGovernment; statingthat MirGreen is here at the staffs request and is availableto answer questionsthe board might have MrGreens speciality at the Instituteincludes State andCountyplanning; zoning;subdivision regulations and otherIland use controls;buildinginspections; housingand community development; envir-onmental protection and urbanrenewaliiiiIt1August 5, 1985 ContinuedPercy Lee of Clayton Township, Buck Adams of Oneals Township, and EmoryHoward of Clayton Township, mobile home park developers, met with the boardas a result of the moratorium seeking relief and consideration from the 90 daymoratorium so they may continue with their plans for new parks Mr Lee andMr Adams explained they had met with the County Planning Board and receivedconditional preliminary approval to build a mobile home park; and they hadalready spent a lot of money on plans and engineering Mr Lee and Mr Adamscontinued that this moratorium will work a hardship on them Mr Howard hadnot met with the Planning Board, however, was ready to take his plans beforethe Planning Board at the next meeting; and further this moratorium will worka financial hardship on him because he has borrowed money for the developmentof his parkThe Commissioners expresseed much concern with regard to these developerssituations and stated they had no desire to work a hardship or cause financialdifficulties for anyone; however, explained that something must be done andthey had to start somewhere to tighten restrictions on mobile home park develop-mentThe board agreed they wished to confer with Mr Green They also agreedthe Planning Board should be encouraged to expedite their thoughts on the MobileHome Park Ordinance as soon as possibleLinda Creech asked the board the steps in obtaining a permit for thedevelopoment of a mobile home park The County Planner explained this procedure5 Road Paving Request - Road # 2541 - Bentonville TownshipR C Thornton of Bentonville Township, asked the board for assistancein getting Secondary Road # 2541 paved Mr Thornton explained the conditionof this road and the heavy traffic because of a recreational facility located atthe end of the road Wayne Bailey, District Engineer, North Carolina Departmentof Transportation, Division of Highways told Mr Thornton the priority of thisroad is 99; and it will be some time before the road can be paved The boardasked Mr Bailey to inspect this road for improved maintenance6 Sign Ordinance - Interstate 40Commissioner James W Cash moved that the Ordinance to Regulate Signsand Screening Along Interstate Highway 40 - Johnston County be adoptedCommissioner Frank B Holding seconded the motion which was carriedby the following voteAye James W Cash, Frank B Holding, Howard Benton, John M Booker, IIDVM, and Norman C DenningNay None7 Planned Unit Development RegulationsThe County Manager and County Planner explained to the board that duringthe past two months the County Planning Office has had two sketch site planssubmitted for planned unit developments on townhouses, condominium projectsin Johnston County; and the draft Planned Unit Development Regulations set outrequirements for site plan approvals of townhouses, condominium projects TheCounty Planner further explained these regulations allow developers with a largetract of land to have flexibility; such as allowing them to place housing unitscloser together if open space or recreational areas are set aside serving severalhousing unitsThe Planning Board has recommended- approval of the; draft Planned UnitDevelopment RegulationsThe Board of Commissioners took these regulations under advisement8 Health - Doctors Compensated for Deliveries of Indigent PatientsHelen Ray, Health Director, met with the board, and, as directed by theBoard of Health by motion of June 24, 1985, asked the Board of Commissionersfor 6,25000 to pay doctors for delivering babies for author?izede clinic patientswho are unable to pay for the services The Board of Health has made this requestbecause Johnston Memorial no longer accepts state aid to pay doctors for deliveriesof indigent patients Hospital administrators decided to discontinue receivingstate aid because acceptance would prevent the hospital from being able to attemptto collect these charges from the patientAugust 5, 1985 ContinuedThe Health Director told the board that once the clinic patient goes tothe hospital they are no longer the Health Departments responsibilityMs Ray further explained that maternal child heal t fundshave beencoming to the Health Department for 25+ years This year 170,608 has been allocatedfor 66 nurses to provide services in the maternity and pediatricclinic Theprenatal program is an effective program because by focusing on prenatal care,the doctors and health staff have been able to drastically reducethe numberof infant deaths in the state Over the past 10 years, the state ratehas droppedfrom 1851000 to 1251000 In Johnston County, the 1983 rate was 115 and the1984 rate was 109 The Health Department receives 5,006 per yearfor payingfor deliveries, prenatal diagnostic tests and procedures Obviouslythe 5,006plus the 6,250 will not take care of the problem, but at least itwill be anattempt to show the doctors that their services are appreciatedClayton, NC; be reappointed to the Johnston County Industrial Facilities andDr Leonard Woodall, Smithfield obstetrician and Health Board member saysthat local doctors need some consideration for these deliveries because the mal-practice insurance rates have increased drastically in the last yearAfter discussion, Commissioner Frank B Holding moved that 6,250 be appro-priated to the health Department budget from the Contingency Fund to pay localdoctors for delivering babies of authorized indigent patients who are unable topay, and further that these patients be screened very closely Commissioner Holdingfurther emphasized in this motion this appropriation is to be a one shot dealCommissioner James W Cush seconded the motion which was carried byunanimous vote9 Pinewood Road - Add to State System for MaintenanceCommissioner Howard Benton moved that the petition for addition to theState Secondary Road System for Pinewood Road, Fair -Lea Subdivision, BannerTownship, be forwarded to the Department of Transportation, Division of Highways,with the boards recommendation for considerationCommissioner James W Cash seconded the motion which was carried byunanimous vote10 Recreation Grant Applications ApprovedUpon a motion by Commissioner Frank B Holding, duly seconded by Com-missioner John M Booker and carried by unanimous vote; the following 1985 -1986recreation grant applications were approvedMicro School PTA 2,000Micro School Booster Club 2, 000Princeton Little Tar Heel League, Inc 2,000Meadow Athletic Association 2,000Glendale Chapel Booster Club 1,200Four Oaks Civitan Club 2,000Town of Four Oaks 2, 000•11 Recreation Grant Extension Town of BensonCommissioner John M Booker moved that the Town of Benson be grantedan extension of 60 days for the use of its 1984 -85 Revenue Sharing RecreationGrant in the amount of 2,000Commissioner Howard Benton seconded the motion which was carried byunanimous voteM,12 Appointments - Johnston -Lee Community Action BoardCommissioner John NI Booker moved that Scofield White, Smithfield, NC,and John C Ritsch, Smithfield, NC, be reappointed to the Johnston -Lee Community?iAction Board for a two year term effective August, 1985Commissioner Frank B Holding seconded the motion which was carriedby unanimous vote13 Appointments - Industrial Facilities and Pollution Control Financing AuthorityCommissioner Howard Benton moved that W H Etheridge, Kenly, NC; DonaldB Rains; Princeton, NC; Eloise M Moore,, Benson, NC; and Stanley C Peele,Clayton, NC; be reappointed to the Johnston County Industrial Facilities andfPollutionControl Financing Authority for six year terms effective August, 1985Commissioner John M Booker seconded the motion which was carried byunanimous voteM,August 5, 1985 Continued14 Wilsons Mills Community Development - Relocation Assistance ResolutionUpon a motion by Commissioner Howard Benton, duly seconded by CommissionerJohn M Booker and carried by unanimous vote, the following resolution was adoptedRESOLUTION FOR OPTIONAL COVERAGE RELOCATION ASSISTANCEWHEREAS, the County of Johnston has received funding under the Stateof North Carolinas 1984 Small Cities Community Development Block Grant Programfor the Wilsons Mills community; andWHEREAS, the County of Johnston desires to adopt a written policy authorizingrelocation assistance to certain families and individuals to be displaced on avoluntary basis and who are not afforded the relocation assistance provided underthe Uniform Act PL 91 -646; andWHEREAS, the provision of optional coverage relocation assistance is authorizedby Rule 1003 b of the State of North Carolinas community development blockgrant program regulations;NOW, THEREFORE, BE IT RESOLVED by the Johnston County Board of Com-missioners that the assistance set forth under the attached Optional CoverageRelocation Plan is appropriate to the Johnston County Community Development Programin the Wilsons Mills community and that said plan is hereby adoptedAdopted this 5th day of August, 1985The board further emphasized that relocation assistance is to be closelysupervised by the County Manager and the Wilsons Mills Community DevelopomentProject Director; and relocation assistance is not to exceed 8,000 to each ownerto spend toward purchasing a mobile home or standard dwelling The Commissionersexpressed much concern and instructed the Project Director that caution shouldbe used in making these grants to attempt to make sure individuals receivingthese grants do not make down payments on housing they can not afford to finance15 Fair Housing Requirements and Fair Housing OfficerThe board was advised that on May 16, 1985, a member of the compliancestaff of the North Carolina Department of Natural Resources and Community Develop-ment visited Johnston County for the purpose of monitoring the countys equalopportunity program and the environmental review record The monitoring focusedprimarily on the nondiscrimination requirements of Title VI, the fair housingrequirements of Title VIII and the employment and purchasing requirements ofSection 3; and the countys environmental review record The review identifiedno major problems, although the Department of Natural Resources and CommunityDevelopment is requesting that the county respond to several comments and recom-mendations made known to the Project Office and to the County ManagerUpon the recommendation of the County Manager, and upon motion by Com-missioner Howard Benton, duly seconded by Commissioner John M Booker andcarried by unanimous vote, the board designated Lula Sanders, Wilsons MillsCommunity Development Project Director, as the Fair Housing Officer, and agreedon the following conditions as the Countys position on Fair Housing;Al though the county government of Johnston County supports the law ofthe land and supports a procedure to cover complaints brought under Title VIII,the county does not believe it has the primary responsibility to enforce TitleVI I l housing discrimination complaints The county provides literature printedby the US Department of Housing and Urban Development, Office of Fair Housingand Equal Opportunity, through the Countys Department of Housing Assistanceand Payment Program The Countys HAPP department provides fair housing literature,answers complaints and provides form HUD -903 2 -72 to all applicants seekinghousing assistance The county has no plans to distribute written informationconcerning fair housing other, than upon requests from citizens for the writteninformation The county has no plans to conduct workshops for citizens on T i t l eVIII fair housing unless required to do so by the Federal or State governmentIf such a requirement is mandatory, the Community Development Coordinator forthe Wilsons Mills Community Development Project is designated the agency toconduct the public hearings and receive complaints The procedure should bepublicized adequately throughout the county by the designated agency A schedulefor undertaking public hearings is to be furnished directly to the Departmentof Natural Resources and Community Development by the CDBG Coordinator16 Mobile Home Parks Moratorium AmendedAfter consultation with Philip Green, legal advisor from the Institute ofGovernment, Commissioner Frank B Holding moved the 90 day moratorium on theAugust 5, 1985 Continuedapproval of and issuance of permits for mobile home parks which was imposedat the special meeting of the Johnston County Board of Commissioners on July22, 1985, is amended by adding the following proviso; provided, however, thatthis moratorium shall not apply to any mobile home park for which the JohnstonCounty Planning Board had granted conditional preliminary approval prior toJuly 22, 1985Commissioner Howard Benton seconded the motion which was carried bythe following voteAye Frank B Holding, Howard Benton, James W Cash and Norman CDenningNay John M Booker, DVM17 Mobile Home Park Ordinance - Moratorium ReliefUpon a motion by Commissioner Frank B Holding, duly seconded by Com-missioner James W Cash and carried by unanimous vote, the board agreed thePlanning Board should expedite their thoughts and recommendations on the Mobile -Home Park Ordinance to the Board of Commissioners to give relief to the developersas soon as possible18 Courthouse Addition - Architectural Design ReviewedBill Fripp, Architect, Grier- Fripp, Associates, Charlotte, NC, reviewedwith the board the first drawings of the new 103,000 square foot addition tothe Johnston County CourthouseAs Mr Fripp reviewed the site plan, the first question was on the alignmentof the new building to the street; the board agreed the new building shouldbe parallel to the streetThe new building plan is drawn at three levels; half basement; and twoadditional levels first floor and second floor A glassed -in atrium joins theCourthouse to the new building The new addition has two main entrances; onefrom the atrium on Second Street and one from Johnston StreetMr Fripp explained and reviewed each level in detail;a basement level includes security gate system; parking; vehicle sallyport;storage; mechanical room; communications center; law enforcement personnel andkitchen for the jail;b second level includes Clerk of Court; Register of Deeds; County Adminis-trative Offices; governing board and waiting areas;c third level includes three courtrooms; judges chambers; district attor-neys offices; jury rooms; waiting areas; and a double- decked jail facilityMr Fripp explained with Courtroom and jail facilites on the same levelthis eliminates one of the biggest security problems of the criminal justice systemtoday of transporting prisonersThe architect stated, with the boards approval, he plans to use limestonetexture stone on the outside to blend in with the existing building In furtherdiscussion, Commissioner Holding felt that underground foundations should beplanned so that additional underground parking could be built if neededThe County Commissioners spent two and a half hours reviewing and discussingthe architects design and complimented him on his work This design is estimatedat a cost of approximately 66 million dollarsThe board was impressed; however, asked the architect to leave the planson display in the County Managers Office for a, few days for further review19 Rei nterment of GravesUpon a motion by Commissioner James W Cash, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the following resolution wasadopted;RESOLUTIONWHEREAS, a petition was before the Johnston County Board of Commissionersfor permission to reinter graves at the Mt Zion United Methodist Church, inJohnston County, which has given its consent and, has designated a site for therei nterment;IfAugust 5, 1985 ContinuedAND WHEREAS, pursuant to GS 65 -13, in cases where the disintermentand reinterment occur in separate counties, it is necessary to obtain permissionfor disinterment from the county in which the graves are initially located and,permission for reinterment in the county in which the graves are to be reintered;NOW, THEREFORE, BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OFCOMMISSIONERS that said petitioners be granted permission to reinter said gravesat the Mt Zion United Methodist Church, in Johnston County, pursuant to NorthCarolina General Statute GS 65 -13This the 5th day of August, 198520 Princeton Request 201 FundsThe board received a request from the Town of Princeton seeking fundsof 50 of the cost for the planned design and construction of improvements toits wastewater facilities in an amount of approximately 387,316In discussion, the County Manager explained that Princetons request isfor one half of Johnston Countys allocation from the state for wastewater projects;and further that he expects the county will receive requests from other townsThe board is looking with favor upon Princetons request for 201 funds,however, postponed any decision until the next board meeting21 Office Space - FHA and ASCSThe County Manager reported the Chairman had instructed him to meetwith Bruce Woodard, Jackie McLamb and William 1 Wellons to discuss office spaceat the Agricultural Building for Farmers Home Administration and for the ASCSOffice He stated they met and made plans to request the county to build approxi-mately 1,400 square feet for FHA and approximately 4,600 square feet for theASCS Office Harry McGee, Architect, had drawn a simple preliminary sketch toshow the referenced size of the required office spaceThe board reviewed these plans and agreed the county can not affordat this time to build office space to accommodate both the FHA and ASCS OfficesThe board has budgeted 80,000 for office space for the Farmers HomeAdministration Office22 Appointment - Planning BoardCommissioner John M Booker moved that Fred Bartholomew of Princetonbe appointed to the Johnston County Planning Board to fill the unexpired termof William J SuggCommissioner Howard Benton seconded the motion which was carried byunanimous voteUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the board adjournedNorman C Denning, ChairmanEleanor N CreecClerk to the Boardt 13DetailsAnnotationsEntry PropertiesModified11192013 120617 PMCreated4172003 83016 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date851985Book17