October 1, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 124 Meeting of the Johnston County Board of Commissioners October 1 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 1 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , DeVan Barbour , and Tony Braswell Absent W Ray Woodall Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , and County Attorney David F Mills Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – September 19 and 26 , 2012 Certified letters were mailed to adjoining property owners on September 17 , 2012 A notice was posted at the location on August 2 , 2012 for Case 12 - 16 The Chairman opened the Rezoning Hearing for Case 12 - 16 Case 12 - 16 Petition to rezone 273 acres located at 156 Bear Road in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01F13030A and 01F13030J Owner Applicant M Ray Johnson Planning Director Berry Gray stated the petition is to rezone 273 acres located at 156 Bear Road in Banner Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning Mr Gray reported currently the property does not have an established use The surrounding land uses are zoned Agricultural Residential and used for such purposes ; and Community Business – Special Use District nearby for automotive sales The area is located within an “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years and should be considered for rural conservation and agricultural preservation programs Mr Gray reported the request was heard by the Commissioners over a year ago and was denied at that time because the applicant wished to have multiple uses such as a restaurant convenience store and towing repossession in addition to auto sales with 120 vehicles on display Mr Gray stated the applicant has downsized his request to only include auto sales of 30 vehicles Applicant M Ray Johnson was present to answer questions Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 16 Decision on Rezoning Case 12 - 16 Case 12 - 16 Petition to rezone 273 acres located at 156 Bear Road in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01F13030A and 01F13030J Owner Applicant M Ray Johnson Commissioner Cookie Pope moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 16 to rezone 273 acres located at 156 Bear Road inPage125 October 1 , 2012 – 6 00 pm Continued Banner Township from Agricultural Residential to General Business - Special Use District be approved Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 12 - 16 Case 12 - 16 To allow for automotive sales and display Owner Applicant M Ray Johnson Those wishing to speak on Special Use Case 12 - 16 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for automotive sales and display Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 16 on July 2 , 2012 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On August 21 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 16 and made the following recommendations Upon a motion by Mr Summerlin to approve Rezoning Case 12 - 16 , seconded by Mr Edwards , carried by a vote of st , 2012 Planning Board Meeting 9 - 0 Case 12 - 16 was approved at the August 21 Statement This request is consistent with the Comprehensive Land Use Plan in that the use can be limited in scope through the use of special conditions to blend in with a rural , low density area The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Smith to approve the Special Use Conditions for Case 12 - 16 with the addition of a buffer and limiting auto repair , seconded by Mr DeLaine , and carried by a vote of 9 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 12 - 16 at the Planning Board meeting on August 21st , 2012 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed business makes profitable use of the property previously used for commercial purpose It will be used during normal business hours Staff The landscaped buffer along property line and normal hours of operation will promote the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Planned Development complies with all design requirements of § 10 - Site Plan Design Drawing Criteria The property will be used during regular business hours Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed use and development makes use of existing commercial structure on the property which has been vacant The petitioner has several years of experience as owner and operator of several similar successful businesses The petitioner is the owner of the land and is the owner of contiguous property The proposed use does not store hazardous materials , produce unnecessary noise , or other pollutants which could reduce the value of contiguous or neighboring properties Staff Utilization of the existing building , landscape buffering requirements and special use conditions will be enforced to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Page126 October 1 , 2012 – 6 00 pm Continued Applicant The proposed site was once used as commercial real estate and will make use of existing structure located on the property Similar business is located within the area and is to be located in low residential and commercial growth area Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Automotive sales Special Use Conditions 1 Permitted Uses Automotive Sales 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am – 9 00 pm 5 Limited to the display and sale of 30 vehicles 6 Auto detailing is permitted for autos associated with the sales use 7 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 8 Signage must comply with the sign code and DMV signage requirements , limited to 16 square feet and less than 6 ’ in height No signs allowed off site 9 Must obtain NCDOT driveway permit 10 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 12 No parking of vehicles for display within 100 ’ of the right of way 13 No junk or wrecked vehicles allowed on site 14 No auto repair allowed on - site Mr Gray listed and reviewed the special use conditions with the Board Commissioner Tony Braswell asked about auto repair Mr Gray stated the applicant will not be allowed to provide auto repair as a separate service for the public ; however , small tasks such as changing windshield wipers or auto detailing on the cars displayed for sale would be allowed in order to make them presentable for sale Will Barham , Attorney with Hewitt & Wood , representing Applicant M Ray Johnson , addressed the Board Mr Barham confirmed Mr Johnson has read and understands the special use conditions He added Mr Johnson also understands the concerns with his first request and has now limited the proposed use to allow just automotive sales for 30 vehicles Mr Barham stated the operation would be sales only and would not include the storage of junk vehicles Mr Barham reported Mr Johnson has over 20 years of experience with automotive sales and currently operates three existing businesses Mr Barham also stated that Mr Johnson understands auto repair for the public will not be allowed He noted Mr Johnson intends to use the existing structure on the property and the proposed use is consistent with a similar operation in the area Commissioner Wade M Stewart questioned the purpose of limiting the number of cars for sale to 30 Commissioner DeVan Barbour commented generally , the limit is based on the size of the lot and must take into account setbacks and other regulations Commissioner Jeffrey P Carver also noted that the area is located within a designated “ Agricultural Rural Conservations Area ” in the Land Use Plan which states such areas should be considered for preservation Commissioner Carver stated the limit on the vehicles allows the use to be more consistent with the Land Use Plan Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 16 Decision on Special Use Case 12 - 16 Case 12 - 16 To allow for automotive sales and display Owner Applicant M Ray Johnson Based on the findings of facts and special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 16 to allow for automotivePage127 October 1 , 2012 – 6 00 pm Continued sales and display on 273 acres located at 156 Bear Road in Banner Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Automotive Sales 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am – 9 00 pm 5 Limited to the display and sale of 30 vehicles 6 Auto detailing is permitted for autos associated with the sales use 7 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 8 Signage must comply with the sign code and DMV signage requirements , limited to 16 square feet and less than 6 ’ in height No signs allowed off site 9 Must obtain NCDOT driveway permit 10 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 12 No parking of vehicles for display within 100 ’ of the right of way 13 No junk or wrecked vehicles allowed on site 14 No auto repair allowed on - site 3 Mental Health – Resolution Approving Alternative Board Structure for Alliance Behavioral Healthcare Mental Health Director Dr Janis Nutt explained that the Board is being requested to adopt a resolution approving the structure of the Area Board of Alliance Behavioral Healthcare as defined in the merger agreement between the Durham Center and the Wake County LME Local Management Entity On July 1 , 2012 , the Durham Center and the Wake County LME merged to create Alliance Behavioral Healthcare , a multi - county area authority with a responsibility to manage the public behavioral health and intellectual developmental disability services for the citizens of Durham and Wake Counties On January 1 , 2013 Alliance will initiate managed care operations under Medicaid 1915 b c waivers , at that time , assuming responsibility for the authorization of services for citizens of Cumberland and Johnston Counties in addition to those in Durham and Wake , totaling over 186,000 Medicaid - eligible individuals and a population of 17 million Dr Nutt continued that the North Carolina General Assembly revised GS Section 122C - 1181 to allow boards of county commissioners within a multi - county area with a catchment population of at least 1,250,000 the option to appoint members of the area board in a manner or with a composition other than as required by this Section by each county unanimously adopting a resolution to that effect and receiving written approval from the Secretary of the Department of Health and Human Services Dr Nutt introduced Ellen Holliman , Area Director for Alliance Behavioral Healthcare Ms Holliman briefly provided the Board with a background on Alliance Behavioral Healthcare She asked the Board to consider adopting the resolution that would approve the alternate structure of the Area Board of Alliance Behavioral Healthcare as defined in the merger agreement Ms Holliman stated there are four main questions as to why Alliance is requesting the alternate board structure , as follows Why is it important for Alliance Behavioral Healthcare to have an alternate board structure Alliance is a multi - county area authority that will have the responsibility for all of the Medicaid and State funds for all four counties , those being Wake , Durham , Cumberland , and Johnston The Alliance Board that has been appointed by the two governing bodies Durham and Wake feel that there should be flexibility in order to have people serving on the Board who would bring their professional or personal experience and that have a passion to help the people served Why does Johnston County have only one appointment on the Board The first interlocal agreement did not allow for any voting members from Johnston or Cumberland Counties ; however , during the merger negotiations between Durham and Wake County , it was agreed that Johnston and Cumberland needed at least one vote because of the interlocal agreements PagePage pageNumber5128 October 1 , 2012 – 6 00 pm Continued Why can’t the Johnston County Board of Commissioners make their appointment to the Alliance Board Johnston County already has an area authority that is appointed by the Board of Commissioners , but the Board of Commissioners ’ recommendations will be taken into consideration by the Alliance Board Why does the vote to adopt the resolution have to be unanimous The vote to adopt the resolution must be unanimous because of the way the law was written in terms of the alternate board structure Chairman Allen L Mims , Jr noted that Commissioner W Ray Woodall is absent and the resolution must be adopted unanimously County Attorney David Mills stated it is his opinion that the vote would need to be unanimous from the Commissioners that are present Commissioner Tony Braswell questioned the fact that Durham and Wake Counties are allowed eight and six representatives , respectively , while Johnston and Cumberland are only allowed one representative each Ms Holliman explained that the number of board seats was a negotiation , and Durham County felt that because they won the contract , they deserved more board seats and when the merger was completed with Wake County , Wake agreed to six members She added Johnston and Cumberland are not merged entities , but rather have interlocal agreements , hence the one Board member for each Ms Holliman noted that in the merger agreement , Durham has suggested that there would need to be a super majority vote on certain major items Commissioner DeVan Barbour questioned the language in section C of the resolution that states “ the at large seats shall initially be filled by one 1 representative from each Johnston and Cumberland Counties ” stating it sounds as though this could change at some point in time Ms Holliman responded the intent of the language is to have a representative serve in that capacity so long as there is a contract in place County Manager Rick Hester noted that Johnston County will still have its local Mental Health Board that is appointed by the Commissioners Commissioner Barbour also questioned language in the resolution that states “ Alliance Behavioral Healthcare Area Authority will accept applications , interview and recommend appointments to the Board of County Commissioners ” and stated the language is unclear as to who will make the appointment Ms Holliman stated the positions representing Johnston County and Cumberland County would be made by the MCO Board Commissioner Barbour suggested revising the resolution for clarity Chairman Mims asked if the resolution could be amended Commissioner Braswell suggested leaving the resolution language as is since it was drafted by Alliance and then let the County Attorney handle any future misunderstandings Commissioner Wade M Stewart asked Dr Nutt for her opinion on the resolution Dr Nutt recommended the Board consider adopting the resolution and stated she feels it is the best way for Johnston County to go at this time Chairman Mims questioned how the appointment would be handled to represent Johnston County Ms Holliman stated they would work through the local authority to find qualified applicants for the position Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution PagePage pageNumber6129 October 1 , 2012 – 6 00 pm Continued Board of County Commissioners of Johnston County Resolution Approving Alternative Board Structure for the Alliance Behavioral Healthcare Area Authority Pursuant to NC Gen Stat § 122C - 1181 WHEREAS , the General Assembly revised 122C - 1181 - Structure of area board to allow Boards of County Commissioners within a multicounty area with a catchment population of at least 1,250,000 to have the option to appoint members of the area board in a manner or with a composition other than as required by this Section by each county unanimously adopting a resolution to that effect and receiving written approval from the Secretary of DHHS ; and WHEREAS , the Boards of County Commissioners of Durham and Wake Counties approved by joint resolution the creation of Alliance Behavioral Healthcare , a multicounty area authority pursuant to NC General Statue 122C - 115 for the provision of mental health , developmental disabilities and substance abuse services effective April 23 , 2012 ; NOW , THEREFORE , BE IT RESOLVED by the Johnston County Board of Commissioners that comprises the catchment area for Alliance Behavioral Healthcare that the Board of Directors for the area authority shall be appointed as follows The Area Board will consist of eight 8 members shall be appointed by Durham County , six 6 members shall be appointed by Wake County and two 2 seats shall be at large No member shall serve more than three 3 consecutive full terms The process for appointment shall be according to the following general terms and conditions a Eight 8 Area Board members shall be appointed by the Durham County Board of Commissioners Seated members now serving on The Durham Center Board shall transition to the new Area Board and serve terms consistent with the requirements set forth in NC Gen Stat § 122C - 1181 d Board representatives will include one 1 with business expertise , one 1 with financial expertise and one 1 person who represents the interest of children as required by GS 122C - 1181 a Additionally two 2 consumers families advocates will be appointed A Board member may concurrently represent two categories of membership b Six 6 Area Board members shall be appointed by the Wake County Board of Commissioners Board representatives will include one 1 with business expertise , one 1 with financial expertise and one 1 person who represents the interest of children as required by NC Gen Stat § 122C - 1181 a Additionally two 2 consumers families advocates will be appointed A Board member may concurrently represent two categories of membership c The area authority shall fill the two 2 at large seats consistent with the criteria currently required by the Alliance Behavioral Healthcare by - laws The at large seats shall initially be filled by one 1 representative from each Johnston and Cumberland Counties and said appointees shall hold their seat for the duration of the contract agreement between the Alliance Area Authority and the respective counties Upon termination of the contract agreement between the new Alliance and Johnston and Cumberland Counties , the at large seats shall be filled in accordance with needs and wishes of Alliance Behavioral Healthcare Other Area Board requirements will be jointly developed consistent with the requirements of NC Gen Stat § 122C - 1181 Alliance Behavioral Healthcare Area Authority will accept applications , interview and recommend appointments to the Board of County Commissioners st The Chairman of the Board declared this Resolution adopted this 1 day of October 2012 4 Manager Reports and Comments None 5 Board Reports and Comments None 6 NC Stop Torture Now Quaker House Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , provided the Board with a written summary of recent events that his organization believes indicates the accountability of those who kidnap and abuse detainees domestically and internationally Allyson Caison , 312 N Massey Street , Selma , North Carolina , informed the Board that she has still not received all of the documents she requested from a previous public records request Ms Caison stated she would list the missing information in an e - mail to the County Attorney PagePage pageNumber7130 October 1 , 2012 – 6 00 pm Continued There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 50 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage