September 3, 1985 - 10:00 AM - County Board of Commissioners Meeting Minutes

The Johnston County Board of Commissioners met in regular session I uesday,September 3, 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 MinutesThe minutes of the August 5, 1985, board meeting stand approved as recorded2 Highway EngineerWayne Bailey, District Engineer, and Ross Hailey, Maintenance Engineer,visited with the board Mr Bailey reported they had stabilized Mr R C Thorntonsroad in Bentonville Township3 Recreation Grant Application DeadlineCommissioner John M Booker moved that a deadline date of October 7,1385, be set for accepting recreation grant applications for the 1985 -1586 fiscalyearCommissioner James W Cash seconded the motion which was carried byunanimous vote4 Recreation Grant Applications ApprovedUpon a motion by Commissioner James W Cash, duly seconded by CommissionerHoward Benton and carried, the following recreation grant applications were approvedin the following amountsCleveland Little League 2,00000Cleveland Babe Ruth Senior League2,00000The Pine Level Booster Club1 , 80000Clayton Civitan Club2,00000Town of Pine Level2,00000North Johnston PTA1,98000North Johnston School Panther Club1798000Selma Parks and Recreation2,00000Johnston County Agricultural Extension 4 -H2,00000Archer Lodge Community Center, Inc2,00000Archer Lodge Fire Department2,00000Princeton High Booster Club1,92000Princeton Recreation Club1192000Parks Recreation - Town of Benson2,00000Pine Level Recreation Committee2,00000Kenly Kiwanis Club1,50000Wilsons Mills Elementary School PTA1,20000Wilsons Mills Recreation Association969005 Mobile Home Park Moratorium - J C DupreeJ C Dupree, Angier, NC, met with the board respectfullyrequestingexemption from the 90 day moratorium placed on mobile home parksMr Dupreeexplained the expansion of his mobile home park has been held upbecause ofa backlog of work in the County Health Department He stated thatsoil tests,well site and the surveyors work and maps were completed before the Commissionersmeeting of July 22, 1985 the date moratorium set In discussion of mobile home parks and mobile home parkregulations;the board pointed out to Mr Dupree that Johnston County must do something tostrengthen the Mobile Home Park Ordinance because of the number ofmobile homeparks being built in Johnston County They explained that developersare cominginto Johnston County to build parks because it cost less; as the Mobile HomePark Ordinance is less stringent here Mr Dupree agreed that theregulationsneed to be strengthened, however, asked the board to consider thecost to thetenant when looking at the regulations He indicated the tenant willhave topay for increased cost to the developer¦r ra{Iitember 3, 1985 ContinuedCommissioner John M Booker pointed out that citizens of the county arealso concerned about individual mobile homes throughout the county; and theCounty Commissioners need to strengthen the regulations so mobile homes andmobile home parks wi I I be an asset to the county The board told Mr Dupreethe Planning Board is working very hard to make improvements in the MobileHome Park Ordinance so the mobile home park developer can proceed as soonas possibleThe board took no action on Mr Duprees request at this time6 Subdivisions ApprovedWatson Acres - Section IIIUpon the recommendation of the County Planning Board, and upon motionby Commissioner Frank B Holding, duly seconded by John M Booker and carried,the Watson ,acres - Section I I I Subdivision, Linwood Jones, owner, located USHighway 301 near North Johnston High School, Micro Township, 6 lots, final phase;with no restrictions was approved and the Chairman authorized to execute theplatSt Johns Wood - Section 1Upon the recommendation of the County Planning Board, and upon motionby Commissioner James W Cash, duly seconded by Howard Benton and carried,the St Johns Wood - Section I Subdivision, Taylor Langford, owner, located StateRoad 1559, Clayton Township, 10 lots, final phase, no restrictions was approvedand the Chairman authorized to execute the platAmel i a Acres - Sect ion I I Upon the recommendation of the County Planning Board, and upon motionby Commissioner James W Cash, duly seconded by Frank B Holding and carried,the Amelia Acres - Section 11 Subdivision, Percy Lee, owner, located State Load1552, Clayton Township, 15 lots, final phase, no restrictions was approved andthe Chairman authorized to execute the platOtis Barham SubdivisionSouthwinds - Section 1Upon theUpon therecommendation ofthe County Planning Board, and upon motionbyCommissionerJames W Cash,duly seconded by Commissioner Howard Bentonandcarried, theOtis Barham Subdivision,located intersection of SR 1700 andS R1720, WildersTownship, 16lots, final phase, restrictions subject to lots#15and #16 togo with eitherlot on the side that the developer wishes, dueto poor soils, wasapproved and theChairman authorized to execute the platSouthwinds - Section 1Upon therecommendationof theCounty Planning Board,and upon motionby CommissionerHoward Benton,dulyseconded by CommissionerFrank B Holdingand carried, theSouthwinds -SectionI, Lanny Clifton, owner,Ibcated State Road1517 and StateRoad 1518, PleasantGrove Townsh i-p, IS lots,final phase, norestrictions wasapproved and theChairman authorized to execute the platClyde Honeycutt SubdivisionUpon the recommendation of the County _Planning Board, and upon motionby Commissioner Frank B Holding, duly seconded by Commissioner John M Bookerand carried, the Clyde Honeycutt Subdivision, Clyde HbnaeycUtt,, cnwmer, 1--o et `ca dState Road 1319, Pleasant Grove Township, lots 2 lot addition to existing sub-division, final phase, no restrictions was approved and the Chairman authorizedto execute the platCosta Hocutt, Jr, SubdivisionUpon the recommendation of the County Planning Board, and upon motionby Commissioner Howard Benton, duly seconded by Commissioner James W Cashand carried, the Costa Hocutt, Jr, Subdivision, Costa Hocutt, owner, locatedoff State Road 1730, ONeals Township, 4 lots, final phase, no restrictions wasapproved and the Chairman authorized to execute the platThe board in discussion of subdivisions and subdivision regulations agreedthat the road regulations in the subdivision ordinance needs study and attention;the Board of Commissioners has asked the Planning Board to study the road require-ments and lot sizes; the board is particularly concerned with the road constructionrequirements in subdivisions5Bobby Stephenson, Chairman, Johnston County Planning Board, met withthe Board of Commissioners to discuss the Mobile Home Park Ordinance and theprogress of the Planning Board to this issue The Chairman related the PlanningBoard is concerned about the number of mobile home parks in the county; andthe number Johnston County will have in the near future He advised they areitrying to get the Mobile Home Park Ordinance ready for the Board of Commissioners ito review; they are working so that it will fit well into a zoning ordinance; ias they see a need more and more for zoning in the countyMr Stephenson told the board that on the buffer issue; they are concernedabout the cost; however, adjoining property owners need protection He advisedthe Planning, Board will be meeting again soon to further study the Mobile HomePark Ordinance and he hopes they will have a final draft ready for the Commissionersby the October meeting8 Sign Ordinance - Interstate 40 - Second ReadingCommissioner James W Cash moved that the Ordinance to Regulate Signsand Screening Along Interstate 40 - Johnston County be adopted second readingCommissioner John M Booker seconded the motion which was carried bythe following voteCommissioner John M Booker seconded the motion which was carried byunanimous vote9A ABC Board Chairman AppointedCommissioner Frank B Holding _moved that W Lloyd Gilbert be appointedChairman of the Johnston County Alcoholic Beverage Control BoardCommissioner John M Booker seconded the motion which was carried byunanimous vote10 Architect for County Projects - FHA Health Department - Roof CourthouseThe County Manager asked the board to consider selecting an architectfor three projects as follows 1 1400 sq ft addition to the Agricultural ExtensionOffice to provide space for Farmers Home Administration; the county has budgeted80,000 for this project 2 addition to the Health Department for storage; thecounty has budgeted 31,500 for this project; 3 waterproofing for the roof ofthe courthouse; the county has budgeted 30,000 for this projectThe County Manager explained that it is sometimes difficult to retain anarchitect for small projects; and he had asked Harry McGee if he would be interestedin doing these projects; and he said that he would like to be consideredAfter discussion, Commissioner Howard Benton moved that Harry McGee be retained for the above three county projectsFCommissioner John M Booker seconded the motion which was carried byunanimous voteAye James W Cash, John M Booker, DVM, Frank B Holding,Howard Benton and Norman C DenningNay NoneSee Johnston County Ordinance Book # 1 ; pages 449 - 457 9 Appointment - Alcoholic Beverage Control BoardCommissioner John M Booker nominated W Lloyd Gilbert to the JohnstonCounty Alcoholic Beverage Control BoardICommissioner Frank B Holding seconded Commissioner Bookers nominationThe Chairman called for any other nominations _rCommissioner James W Cash moved that the nominations be closed andthat W Lloyd Gilbert of Smithfield be elected by acclamation to the JohnstonCounty Alcoholic Beverage Control Board for a three year termCommissioner John M Booker seconded the motion which was carried byunanimous vote9A ABC Board Chairman AppointedCommissioner Frank B Holding _moved that W Lloyd Gilbert be appointedChairman of the Johnston County Alcoholic Beverage Control BoardCommissioner John M Booker seconded the motion which was carried byunanimous vote10 Architect for County Projects - FHA Health Department - Roof CourthouseThe County Manager asked the board to consider selecting an architectfor three projects as follows 1 1400 sq ft addition to the Agricultural ExtensionOffice to provide space for Farmers Home Administration; the county has budgeted80,000 for this project 2 addition to the Health Department for storage; thecounty has budgeted 31,500 for this project; 3 waterproofing for the roof ofthe courthouse; the county has budgeted 30,000 for this projectThe County Manager explained that it is sometimes difficult to retain anarchitect for small projects; and he had asked Harry McGee if he would be interestedin doing these projects; and he said that he would like to be consideredAfter discussion, Commissioner Howard Benton moved that Harry McGee be retained for the above three county projectsFCommissioner John M Booker seconded the motion which was carried byunanimous voteSeptember 3, 1985 Continued11 Planned Unit Development RegulationsThe County Planner reported the Planning Board is studying the PlannedUnit Development Regulations They are considering recommending that these regu-lations be a part of the Subdivision Regulations12 Solid Waste Management OrdinanceThe County Manager reviewed with the board an ordinance for solid wastemanagement for Johnston CountyThe board took no, action at this time pending further study13 Proclamation - American Business Womens AssociationUpon a motion by Commissioner Frank B Holding, duly seconded by Com-missioner John M Booker and carried by unanimous vote, the following Proclamationwas adoptedPROCLAMATIONJOHNSTON CHARTER CHAPTERAMERICAN BUSINESS WOMENS ASSOCIATIONSMITHFIELD, NORTH CAROLINAIn salute to the more than 110,000 ABWA Members for their supportive effortsin helping women advance through education and for developing an informed andresponsible citizenry, I, Norman Denning, Chairman of the Johnston County Boardof County Commissioners, Smithfield, North Carolina, proclaim September 22, 1985,as American Business Womens Day in Johnston County This is the day set asidethroughout the United States as American Business Womens DayIN WITNESS WHEREOF, I have hereunto set my hand and caused the sealof the County of Johnston, to be affixed at Smithfield, this 3rd day of September,1985Norman Denning, ChairmanFrank B Holding, Vice ChairmanJames W CashHoward BentonJohn M Booker, DVM14 Reports by County ManagerThe County Manager advised the board as a matter of information on thefollowing activities by the Managers Office1 Pine Level to Princeton Waterline - final cost 847,00000;2 Mailed out first water surcharge bills for month of July, 1985;3 Proposals mailed out to solicit bids for unleaded gasoline; dieselfuel #2; and heating oil15 Dog Warden - Dog Pound ProblemsIn discussion of these problems, Commissioner John M Booker stated therewill continue to be problems at the dog pound because it is located in such anisolated area Commissioner Booker suggested the County Manager make a recom-mendation in the form of a proposalIn further discussion, the board agreed to authorize the County Managerto employ a person more than one if necessary on a part time basis to assistthe dog warden16 Mobile Home Park Moratorium - Dick BraswellDick Braswell of Princeton met with the board and made the followingstatement and requestThe County Manager advisedthe board of problems at the County Dog PoundHeexplained thatwith only oneperson in this department it is hard to limitthisperson to 40hours a weekas required by the Fair Labor Standards ActTheDog Warden iscalled out atnight and on week- ends; he has to feed thedogs on Saturdaysand Sundays Thereare many problems at the dog pound withpeople turning outdogs; puttingcats in the dog boxes -; and much vandalismTheCounty Managerfurther explainedthat a part time person is needed to assistthedog wardenIn discussion of these problems, Commissioner John M Booker stated therewill continue to be problems at the dog pound because it is located in such anisolated area Commissioner Booker suggested the County Manager make a recom-mendation in the form of a proposalIn further discussion, the board agreed to authorize the County Managerto employ a person more than one if necessary on a part time basis to assistthe dog warden16 Mobile Home Park Moratorium - Dick BraswellDick Braswell of Princeton met with the board and made the followingstatement and requestSeptember 3, 1985 ContinuedSeptember 3, 1985Gentlemen The purpose of my visit here today is to make my official requestfor exemption from the recently imposed moratorium on, approval of Mobile HomeParks As I am sure you know, I have engaged the services of Ragsdale Consultants,PA to design a Mobile Home Park to be situated on my property 35 miles eastof Smithfield I had previously met with this board in early 1984, and requestedsome assistance with installation of an eight inch waterline to be constructedfrom the Countys 16 -inch main in Pine Level to my property At that time Irelated to you that my plans were to construct six twelve bed rest homes at myproperty A Resolution of Appropriation was issued by this board on May 30,1984 to provide approximately 40,000 in financial assistance to construct theeight -inch waterline to my property The new waterl i ne; at this point, wouldbecome county property Because the remaining costs were to be borne entirelyby me, I employed Ragsdale Engineers, PA to do a plot plan and assist witha feasibility study for a mobile home park to be located on the remainder ofthe property It was decided to be a feasible use for the location and final workingplans were drawn and submitted to the State for the water, sewer, and erosioncontrol approval During this interval, because of the many previous delays andcontinuing changes in rest home regulations, I decided to delay my constructionof the rest homes and to purchase an existing facility near Brogden We nevercould seem to get the horse and cart coordinated on the water and sewer supplyfor the rest home The main delay was in getting the treatment capacity fromthe existing county sewage treatment plant Although my wife is very contentwith the existing facility we are now operating, my immediate plans do not includeconstruction of the planned six twelve -bed rest homes at the Pine Level tractTherefore, I hereby rel ieve the county of any obl igations toward assistanceoutlined in the Resolution of Appropriations I have the eight -inch waterlineconstructeed in complete compliance with county standards but will retain ownershipfrom my property to my point of connection in Pine LevelMy reasoning for the explanation above was to remove the possibility ofan idea that any attempt was made to deceive this board in order to secure assis-tance on the said waterline installationOn August 17, 1984 Mr Harold Blizzard forwarded a letter to LinwoodJones of Ragsdale Engineers and outlined twelve conditions to be addressed beforepreliminary approval of my plans All these items have been resolved as of thisdate The major problem that has plagued me since the beginning of my projecthas been the insufficient capacity at the Countys main treatment unit to provideresolution of item no 5 on Mr Blizzards correspondence Not until August 12,19851 did I receive final approval on the sewage disposal facilities from NRCDThis approval was made possible by an amendment to the countys operatingpermit for the Central Sewage Treatment Plant granting an additional 1 mgdtreatment capacity This amendment became effective July 23, 1985As we areall aware, the moratorium was imposed on July22, 1985, Ihave devoted muchmoney and many, hourstoward development of thismobile homepark The staff atRagsdale engineers andI have designed this parkin completecompliance with theexisting mobile homeordinance Any changes inthe lot sizeat this point would render street designand actual field surveyingwhich hasbeen performed tobe completely uselessI have my project designedto be phaseconstructed as occupany allows The streets, water facilities, and sewage facilitiesare all designed forthe completed facilityThe designs on my mobile homegutter, paved streets, street Fights,water and sewer service, storm water atelephone system newest in the county,building, car wash, central mail facility,guidelines would include such rules aspark include such amenities as curb andunderground electrical service, municipalnd surface drainage system, a most modernswimming pool and tennis courts, communityand mini - storage rental My park operation1 All mobile homes situated in the park must be manufactured afterJanuary I, 19782 Only owner - occupied homes will be allowed in the park3 No abandoned vehicles4 No motor bikes or motorcycles allowed in the park5 No add -a -rooms of- any type for mobile homes allowed6 All mobile homes will be previously inspected exterior before locatingin park7 Double paved off - street parking will be providedII my Again, I request that this board exempt me from this moratorium and allowproject to proceed to beat the winter weather Thank youf{iiSeptember 3, 1985 ContinuedIn further discussion, Mr Braswell told the board he had , started on hismobile home park in January of 1984; his lot size averages 7,500 sq ft; andthe Planning Board at this point is proposing 10,000 sq ft; he has designedand planned a nice mobile home park with strict regulations; if he has to goback through the design stage again he will lose about 20,000 Mr Braswellfurther emphasized he favors county planning one hundred percent; however,he is seeking authorization to proceed with the development of his mobile homepark located 35 miles east of SmithfieldThe board took Mr Braswells request under advisement17 Quit-Claim Deed - Ora Spells PropertyUpon the recommendation of the County Attorney, and upon motion by Com-missioner John M Booker, duly seconded by Commissioner James W Cash andcarried by unanimous vote; the Chairman was authorized to execute the followingQuit -Claim DeedNORTH CAROLINAJohnston CountyTHIS INDENTURE, made this 3rd day of September, 1985, between Countyof Johnston, of the first part, and Eugene Spells and wife, Ora Lee Spells ofsaid County and State, parties of the second part;WITNESSETH that whereas at a meeting of the Board of Commissioners ofthe County of Johnston on the 3rd day of September, 1985, it was ordered thatthe Chairman of the Board of Commissioners sign and execute a deed conveyingthe real property hereinafter described in Beulah Township, Johnston County toEugene Spells and Wife, Ora Lee SpellsNOW THEREFORE, for and in consideration ofthe premises,and foronedollar, the said Board of Commissioners for County ofJohnston havequit - claimedSpells,and conveyed, and by these presents do for themselves and their successorsinoffice, justly, absolutely and forever quit claim andconvey to thepartiesofthe second part and their heirs and assigns, withoutany warrantyof title,allsuch right, title and interest as Johnston County hasin and to thatcertainlot,tract or parcel of land in Beulah Township, Johnston Countydescribed asfollowshereof,BEGINNING at an iron stake in the eastern right of way line of TilghmanI?einlg any 5Ztrd°egrees °rl°?r 47 E 204MY feetlkfrom analexis An?rO?ontyl3ipeas?akeaaetthe southwestern corner of the Ebenezer Baptist Church lot, and runs thence alongthe line of Mrs Mae Wilkinson Talton N 37 degrees 40 13 E 10000 feet to astake; thence S 52 degrees 19 47 E 5000 feet to an iron pipe stake, anotherline of Mrs Talton; thence S 37 degrees 40 13 West 10000 feet to an existingiron pipe stake in the eastern right of way line of Tilghman Tillman, Street;thence N 52 degrees 19 47 W 5000 feet to the point of beginning, accordingto survey and map of Ragsdale Consultants, PA, dated August 29 1985TOHAVEAND TO HOLD the abovepremises7unto EugeneSpells and Wife,Ora LeeSpells,their heirs and assigns,to theironly use andbehoof forever,so thatthe grantor herein, or any oneelse, inits name andbehalf,iII nothereafterclaimor demand any right to titlein thepremises, orany parthereof,but thatit andthey by these present shallbe foreverbarredIN WITNESS WHEREOF, the said party of the first part has caused thesepresents to be signed in its name by its Chairman and the corporate seal ofthe County of Johnston to be hereto affixed and attested by its Secretary, allby authority and order of said Board of Commissioners duly given this the dayand year first above writtenCORPORATE SEALAttest Eleanor N CreechSecretaryTHE BOARD OF COMMISSIONERS FOR THECOUNTY OF JOHNSTONBY Norman D Denninairmanr0-80September 3, 1985 Continued18 Adult Probation Office Moves County Building Occupied by W R BrittThe Board of Commissioners gave, approval for the Adult Probation Officeto move to the county building previously occupied by W R Britt, AttorneyUpon a motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the board recessed unti,l Monday,September-T6, 1985, at 8 oclock pm-, ? - -, , a-, Eleanor N CreechClerk to the Board