June 2, 1970 - 7:30 PM - County Board of Commissioners Meeting Minutes (Recessed)

June 2, 1970 - Recessed1 4Fit width105Meeting of Board of Commissioners for the County of JohnstonJune 2, 1970The Johnston County Board of Commissioners met in special session in the Auditors Office ofthe Johnston County Courthouse, Smithfield, North Carolina, June 2, 1970, at 730 pm, with thefollowing members presentJ Dobbin Bailey, Chairman, Norman C Denning, Frank B Holding, Adam J Whitley, Jr andFreddie AdamsMembers Absent NoneThe following bus ines s was transacted1 Mr A E Shaw - Data Processing SystemsMr A E Shaw, Regional Manager of Data Processing Systems, of Calypso, North Carolina,appeared before the Board and discussed the possibility of the County entering into a contract with hiscompany to compute the tax processing for the County Tax Supervisors Office2 H J Whitley - Forest ServiceH J Whitley, Forest Ranger, presented to the Board his budget request for 1970 -71No action was taken pending further budget study3 Harper Godwin - Tax Collector - Budget RequestHarper Godwin, Tax Collector, presented to the Board his budget request for 1970 -71No action was taken pending further budget study4 Mental Health Project - Johnston Memorial HospitalLloyd Gilbert, Administrator of Johnston Memorial Hospital, and Moses Stancil, a member ofthe Mental Health Advisory Board, appeared before the Board relative to the Mental Health Addition tothe hospitalAfter some discussion, Commissioner Frank B Holding moved that the following resolution beadoptedWHEREAS, the County of Johnston wishes to proceed with the construction of the Mental HealthCenter Project No NC -MH -9 and;WHEREAS, members of the Advisory Board for the Johnston County Mental Health Clinic haverecommended that the County of Johnston proceed with the construction of the Mental Health Center and;WHEREAS, bids were opened at 200 PM, May 29, 1970, and the low bids were in excess of theamount estimated and funded and;WHEREAS, the project was approved and funded in the amount of 861,88013, but the low bidstotaled 950,42496;NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners do hereby adopt aresolution;1 Increasing the scope of the Mental Health Project from 861,88013 to,950,42496, which is the total of the low bids, architects fee, contingencyand equipment;2 Instructing the Board of Trustees of Johnston Memorial Hospital, with itsChairman as Official Spokesman, to proceed in the acceptance of the lowbids in the constructing and equipping of the Mental Health Center, ProjectNo NC -MH -93 Instructing the Board of Trustees to accept the appropriate alternate bidscovering the replacement of air conditioning in Surgical and ObstetricalSuites in the amount of 75,59332 including architects fees; and to makeapplication to philanthropic endowments for additional funds to meet thecostCommissioner Norman C Denning seconded the motion which was carried unanimously5 Law Library - Budget RequestL Austin Stevens, Chairman of the Law Library Committe, along with A A Corbett, Jr andPhil Shaw, Attorneys, requested the Board to appropriate funds in support of the Johnston County LawLibrary in its budget for 1970 -71No action was taken pending further budget studyr1?8June 2, 1970 Conts„6 Cooperation Agreement - Housing AuthorityRESOLUTION AUTHORIZING THE EXECUTION OFA COOPERATION AGREEMENTWHEREAS; The Johnston County Housing Authority hereinafter called the Local Authority and Johnston County Hereinafter called the County desire to enter into a Cooperation Agreement inconnection with the development of low -rent housing units pursuant to the United States Housing Actof 1937 as amendedNOW, THEREFORE, BE IT RESOLVED BY The Commissioners that the Local Authority and the Countyenter into a Cooperation Agreement and the Chairman is hereby authorized to execute the same on behalfof the County and the Clerk to attest the same and affix thereto the seal of the County of Johnston,North Carolina, said Cooperation Agreement being in substantially the following formCOOPERATION AGREEMENTThis Agreement entered into this 2nd day of June, 1970, by and between Johnston CountyHousing Authority herein called the Local Authority and Johnston County herein called the County WitnessethIn consideration of the mutual covenants hereinafter set forth, the parties hereto do agreeas follows1 Whenever used in this Agreementa The Term Project shall mean any low -rent housing hereafter developed as an entity bythe Local Authority with financial assistance of the UNITED STATES OF AMERICA herein called theGovernment , excluding, however, any low -rent housing project heretofore covered by any contract forloans and annual contributionsb The term Taxing Body shallmean the State or any political subdivision or taxing unitthereof in which a Project is situated and which would have authority to assess or levy real or personalproperty taxes or to certify such taxes to a taxing body or public officer to be levied for its use andbenefit with respect to a Project if it were not exempt from taxationc The term Shelter Rent shall mean the total of all charges to all tenants of a Projectfor dwelling rents and nondwelling rents excluding all other income of such Project, less the cost tothe Local Authority of all dwelling and nondwelling utilitiesd The term Slum shall mean any area where dwellings predominate which, by reason ofdilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitationfacilities, or any combination of these factors, are detrimental to safety, health or morals2 The Local Authority shall endeavor toa secure a contract or contracts with the Government for loans and annual contributionscovering one or more Projects comprising approximately 1,000 units of low -rent housing and,b develop and administer such Project or Projects, each of which shall be located withinthe corporate limits of the County The obligations of the parties hereto shall apply to each suchProject3 a Under the constitution and statutes of the State of North Carolina, all Projects areexempt from all real and personal property taxes levied or imposed by any Taxing Body With respectto any Project, so long as either 1 Such Project is owned by a public body or governmental agencyand is used for low-rent housing purposes; or 2 any contract between the Local Authority and theGovernment for loans or annual contributions, or both, in connection with such Project remains in forceand effect; or 3 any bonds issued in connect with such Project or any monies due the Government inconnection with such Project remain unpaid, whichever period is the longest, the County agrees that itwill not levy or impose any real or personal property taxes upon such Project or upon the Local Authorit,Nwith respect thereto During such period, the Local Authority shall make annual payments herein calledPayments in Lieu of Taxes in lieu of such taxes and in payment for the public services and facilitiesfurnished from time to time without other cost or charge for or with respect to such Projectb Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal yearestablished for such Project and shall be in an amount equal to either 1 ten percent 10 of theShelter Rent actually collected but in no event to exceed ten percent 10 of the Shelter Rent chargedby the Local Authority in respect to such Project during such fiscal year or 2 the amount permittedto be paid by applicable state law in effect on the date such payment is made, whichever amount is thelowerc No payment for any year shall be made to the County in_excess of the amount of the realproperty taxes which would have been paid to the County for such year if the Project were not exemptfrom taxationd Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien againstany Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrueor attach on account thereofi?,; I mapIE1ii97June 2, 1970 Cont4 The County agrees that, subsequent to the date of initiation as defined in the United StatesHousing Act of 1937, as amended of each Project and within five years after the completion thereof, orsuch further period as may be approved by the Government, there has been or will be elimination asapproved by the Government by demolition, condemnation, effective closing, or compulsory repair orimprovement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area inwhich such Project is located, substantially equal in number to the number of newly constructed dwellingunits provided by such Project; - Provided, That, where more than one family is living in an unsafe orinsanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal tothe number of families accommodated therein; and Provided, further, that this paragraph 4 shall notapply in the case of 1 any Project developed on the site of a Slum cleared subsequent to July 15, 1949,and that the dwelling units eliminated by the clearance of the site of such Project shall not be countedas elimination for any Project or any other low -rent housing project, or 2 any Project located in arural nonfarm area5 During the period commencing with the date of the acquistion of any part of the site or sitesof any Project and continuing so long as either 1 such Project is owned by a public body or governmen-tal agency and is used for low -rent housing purposes, or 2 any contract between the Local Authorityand the Government for loans or annual contributions, or both, in connection with such Project remainsin force and effect, or 3 any bonds issued in connection with such Project or any monies due to theGovernment in connection with such Project remain unpaid, whichever period is the longest, the Countywithout cost or charge to the Local Authority or the tenants of such Project other than the Paymentsin Lieu of Taxes shalla Furnish or cause to be furnished to the Local Authority and the tenants of such Projectpublic services and facilities of the same character and to the same extent as are furnished from timeto time without cost or charge to other dwellings and inhabitants in the County;b Vacate such streets, roads, and alleys within the area of such Project as may be necessaryin the development thereof, and convey without charge to the Local Authority such interesi as the Countymay have in such vacated areas; and, insofar as it is lawfully able to do so without cost or expense tothe Local Authority or to the County, cause to be removed from such vacated areas, insofar as it may benecessary, all public or private utility lines and equipment;c Insofar as the County may lawfully do so, 1 grant such deviations from the building codeof the County as are reasonable and necessary to promote economy and efficiency in the development andadministration of such Project, and at the same time safeguard health and safety, and 2 make suchchanges in any zoning of the site and surrounding territory of such Project as are reasonable andnecessary for the development and protection of such Project and surrounding territory;d Accept grants of easements necessary for the development of such Project; ande Cooperate with the Local Authority by such other lawful action or ways as the County andthe Local Authority may find necessary in connection with the development and administration of suchProject6 In respect to any Project the County further agrees that within a reasonable time afterreceipt of a written request therefor from the Local Authority;a It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicatedareas, after the Local Authority, at its own expense, has completed the grading, improvement, pavings,and installation thereof in accordance with specifications acceptable to the County;b It will accept necessary dedications of land, for and will grade, improve, pave, andprovide sidewalks for, all streets bounding such Project or necessary to provide adequate access theretoin consideration whereof the Local Authority shall pay to the County such amount as would be assessedagainst the Project site for such work if such site were privately owned ; andc It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains,leading to such Project and serving the bounding streets thereof in consideration whereof the LocalAuthority shall pay to the County such amount as would be assessed against the Project site for suchwork if such site were privately owned7 If by reason of the Countys failure or refusal to furnish or cause to be furnished any publicservices or facilities which it has agreed hereunder to furnish or to cause to be furnished to the LocalAuthority or to the tenants of any Project, the Local Authority incurs any expense to obtain such serviceor facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieuof Taxes or to become due to the County in respect to any Project or any other low -rent housing projectsowned or operated by the Local Authority8 No Cooperation Agreement heretofore entered into between the County and the Local Authorityshall be construed to apply to any Project covered by this Agreement9 So long as any contract between the Local Authority and the Government for loans includingpreliminary loans or annual contributions, or both, in connection with any Project remains in force andeffect, or so long as any bonds issued in connection with any Project or any monies due to the Governmentin connection with any Project remains unpaid; tthis Agreement shall not be abrogated, changed, or modifiedwithout the consent of the Government The privileges and obligations of the County hereunder shallremain in full force and effect with respect to each Project so long as the beneficial title to such198June 2, 1970 ContProject is held by the Local Authority or by any other public body or governmental agency, includingthe Government, authorized by law to engage in the development or administration of low-rent housingprojects If at any time the beneficial title to, or possession of, any Project is held by such otherpublic body or governmental agency, including the;Governmentg the provisions hereof shall inureto thebenefit of and may be enforced by, such other public body or governmental agency, including theGovernmentIN WITNESS WHEREOF, the County and the Local Authority have respectively signed this Agreementand caused their seals to be affixed and attested as of the day and year first above writtenJohnstonS E A LATTESTW H Br ittTITLE ClerkS E A LATTESTI TITLECorporate Name of CountyBY J D BaileyTITLE ChairmanJohnston County Housing AuthorityCorporate Name of Local AuthorityBYTITLECommissioner Frank B Holding moved that the foregoing resolution be adopted as introducedand read, which motion was seconded by-Commissioner Norman C Denning, and upon roll call the Ayesand Nays were as followsAYES NAYSFrank B Holding NoneNorman C DenningAdam J Whitley, JrFreddie AdamsThe Chairman thereupon declared said motion carried and said resolution adopted7 Housing Authority UnitsCommissioner Frank B Holding moved that the Johnston County Housing Authority be instructednot to build anything other than one unit buildings and that all units be sold as soon as possibleThe motion was seconded by Commissioner Adam J Whitley, Jr and was carriedUpon a motion made and duly seconded the Board recessed to meet again Tuesday, June 9, 1970,at 800 pm, in the Johnston County Auditors Office for further budget studyJ rob-btTr-BA-17ey, ChairmAt4n?W H Britt, ClerkJr