September 2, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 214 Meeting of the Johnston County Board of Commissioners September 2 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 2 , 2014 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted Announcement Regarding Case 14 - 03 MOD – Chairman Jeffrey P Carver announced the applicant had withdrawn Special Use Case 14 - 03 MOD and it would not be heard 1 Public Comment A Citizen Inquiry - Natural Gas Pipeline Project James Mitchell , Campground Road , Selma , asked about the natural gas pipeline project that was reported in today’s news and if anyone knew the construction route of the pipeline Chairman Jeffrey P Carver reported Duke Energy and Piedmont Natural Gas did announce the selection of Dominion to build and operate a 550 - mile interstate natural gas pipeline from West Virginia , through Virginia and into eastern North Carolina earlier today ; however , limited details are known at this time Chairman Carver assured Mr Mitchell that the County is monitoring the project to protect the County’s best interests Mr Mitchell began to comment on the solid waste public hearing Chairman Carver asked Mr Mitchell to wait until the public hearing is opened 2 Public Hearing Solid Waste Disposal Funding Options Advertised – The Smithfield Herald – August 20 and 27 , 2014 Also advertised in the Clayton News Star , Four Oaks Benson News In Review , Princeton News Leader , and Kenly Selma Wilson’s Mills Pine Level News Notices were also posted at all the Convenience Centers in the County Chairman Jeffrey P Carver opened the public hearing for the purposes of receiving public comment on funding options for solid waste disposal in Johnston County Chairman Carver called on the County Manager for opening comments County Manager Rick Hester explained that over the past several months , the Board has been discussing the solid waste disposal program and the need for changes to the business plan to ensure the program generates enough revenue to cover expenses as well as cover future landfill remediation costs Mr Hester also noted that recycling and the convenience center sites are included in the solid waste program and there have been discussions on how to make those components self - supporting He stated different scenarios and alternative funding methods have been researched and discussed Mr Hester reported currently citizens may purchase a 65 decal annually and affix the decal to the front windshield of their vehicle to dispose of their trash at one of the convenience center sites located across the County and this is a voluntary program He continued staff has looked at surrounding counties and how they manage their programs for ideas and alternatives Mr Hester stated the Board discussed some of those alternatives at the August meeting and instructed staff to arrange the public hearing to receive citizen input Chairman Carver called on anyone in the audience that wished to voice an opinion to come forward James Mitchell , Campground Road , Selma , stated he owns property in Nash County which puts a fee on the tax bills for solid waste disposal Mr Mitchell stated he is in favor of putting something on the tax bills , butPage215 September 2 , 2014 – 6 00 pm Continued the Board must consider how to address mobile homes and rental properties Mr Mitchell reiterated he is in favor of a fee on the tax bill , if it is managed as well as Nash County manages their program Commissioner DeVan Barbour asked Mr Mitchell if Nash County citizens have to prove that they own property there in order to dispose of their trash at the convenience centers Mr Mitchell stated attendants in Nash County are just there to make sure trash is put in the right containers Mr Mitchell stated he has never been asked to provide identification in Nash County Upon a question by Commissioner Allen L Mims , Jr , Mr Mitchell stated the fee is listed out separately , but it is included on his tax bill He stated he believed the cost is somewhere around 55 and he pays on two properties that have homes Ken Taylor , 1755 Gordon Road , Clayton , stated the County used to require people to separate their recyclables , but citizens no longer have to do that He asked if the County went back to requiring recyclables to be separated , would it generate more revenue Commissioner Barbour stated the company that handles the recycling says the County is receiving a better deal by grouping the recyclables together Mr Taylor stated he is concerned with fairness He continued that when he first moved to Johnston County 30 years ago , he utilized a private service for weekly collection , but then he became familiar with the convenience centers which were open to anyone at the time Mr Taylor stated since that time , the County has initiated the decal program which he believes is not a bad deal Mr Taylor questioned what people who do not have private services or decals do with their trash indicating they most likely throw it out on the roadways , leave it behind if they rent properties , burn it , or throw it in their employers ’ dumpsters Mr Taylor stated he thinks the decals are a good bargain , but he again questioned how many residents are not accounted for as to how they dispose of their trash Mr Taylor stated by spreading the cost out , perhaps it would encourage people to use the convenience sites to dispose of their trash if they are paying a fee and it would possibly cut down on trash on the roadways At the inquiry of Commissioner Chad M Stewart , Mr Taylor stated he is in favor of spreading the cost out to everyone as opposed to the individual decals Mr Taylor stated a user fee system would spread the cost out among fewer people and those that do not wish to pay will again throw their trash on the roadways Johnny Eason , 202 Country Valley Place , Wilson’s Mills , asked if a fee were implemented on the tax bills and people own multiple properties , would those people be charged for each property they own County Attorney David Mills stated the proposal for adding a fee on the tax bills would apply only to improved properties properties that have a dwelling and not open farmland Mr Eason asked how the County would be able to determine if the properties are improved He also asked what the total fee on the tax bill would be Commissioner Ted G Godwin stated the County Tax Office has a record of all improved parcels Commissioner Godwin stated one proposal is a 5 recycling fee on all improved properties including those inside municipalities along with a 50 annual fee on all improved properties outside of the municipalities Mr Eason stated he felt by putting it on the tax bill for improved properties , it would encourage people to take their trash to the convenience sites Mr Hester clarified that there are two towns that do not offer private collection services , so the proposal mentioned by Commissioner Godwin would implement an annual fee of 50 on all improved parcels outside of the municipalities , except for those two towns that do not provide private collection services , whose residents would be included Archer Lodge and Wilson’s Mills At the request of Commissioner Stewart , Mr Hester reiterated that improved parcels are land that contains a dwelling and none of the proposals would include open farm land Virginia Seefried , 427 Tomahawk Drive , Clayton , asked how the County currently manages the recyclables that are collected Page216 September 2 , 2014 – 6 00 pm Continued Director of the Solid Waste Division Rick Proctor stated once the County collects the recyclables , the County then contracts with a company who takes the items , separates them , and sells them at the highest rate possible Ms Seefried stated if the County is considering implementing a fee on the tax bills for everyone that owns a dwelling , it would not be fair to those who pay for private haulers She stated the County would be cutting in on the private haulers ’ business at that point She stated one option to consider would be to allow citizens to opt - out if they utilize a private hauler Ms Seefried stated if the County is going to implement a fee on everyone’s tax bill then she believes the County should also provide trucks to pick up the trash at citizens ’ homes Thea Mauro , 2013 Autumn Court , Clayton , asked if the County implemented an initial fee of 50 on the tax bills , would it remain the same or would it increase each year Mr Mills stated under North Carolina General Statutes , the collections cannot exceed the cost of the program Commissioner Mims agreed with Mr Mills and stated the County is not looking to make money on the program , just to collect enough revenue to handle the expenses , but he could not promise the fee would never increase Ms Mauro stated she is in favor of a fee on the tax bill , but acknowledged that there will be a lot of angry folks if the County implemented a fee on everyone who owns a home whether they use the convenience centers or not Chairman Carver reminded everyone that at this point the Board is just trying to receive citizen input Commissioner Godwin stated he understands what people are saying about paying for something that they do not use , but he equated the scenario to how much of the tax rate goes to support education , whether or not the taxpayer has a child in school Cynthia Schmelzer , 100 Heritage Drive , Smithfield , stated businesses generate a lot of waste and she asked if they would also have to pay the annual fee on the tax bill Mr Mills confirmed the fee would apply to all improved property which would include businesses Ms Schmelzer spoke on her concerns with trash pickup services being conducted at 4 00 am near where she lives and asked if anything could be done It was determined that Ms Schmelzer lived in the Town of Smithfield limits and the Board encouraged Ms Schmelzer to contact the Town with her concerns James Mitchell , Campground Road , Selma , readdressed the Board and stated in Nash County if a citizen can provide documentation to the Tax Department that they use a private service , then Nash County will take the fee off their tax bill He asked if that could be done in Johnston County Chairman Carver stated allowing citizens to opt - out if they can provide documentation of a private service has so far not been a part of the proposals discussed Commissioner Mims stated staff has reported it would be difficult administratively for the Tax Department to handle such exemptions Mr Mitchell encouraged the Board to look at Nash County’s program Ken Taylor , 1755 Gordon Road , Clayton , readdressed the Board and asked if commercial businesses are allowed to use the convenience center sites Mr Proctor stated the County allows small businesses to use the convenience center sites for recycling and one or two bags of trash per week Al Faber , 6098 Hinnant - Edgerton Road , Selma , noted the County has proposed having a separate recycling fee of 5 and he asked if there could just be one fee and not separate out recycling costs Page217 September 2 , 2014 – 6 00 pm Continued Commissioner Godwin stated the recycling fee was separated out for those that live in municipalities and pay for trash collection services to their town Mr Faber stated he is aware that the County is now receiving trash from outside the County and he asked if we are only hurting ourselves down the road by lessening the life of the landfill Mr Faber asked if the fees could be worked out so that Johnston County does not have to take in trash from other counties Mr Hester stated the Board authorized a limited amount to be received at the landfill from out - of - county sometime last year , but he stressed it is a very small amount Chairman Carver also noted there is one private collection service in the County that takes the trash they collect to Sampson County Chairman Carver stated the landfill still has a life remaining of approximately 85 years Jimmy Casey , 774 Hill Road , Smithfield , stated he is in favor of a fee on the tax bill so long as it would only be for land with homes and no farm land There being no further comments , the Chairman closed the public hearing and called for discussion by the Board Commissioner Godwin stated anyone that knows him knows he is conservative and he does not believe government should be involved in every facet of life ; however , he does believe there are certain basic services that the government has a right to oversee such as education , public safety , etc Commissioner Godwin stated he believes trash is one of those services also Commissioner Godwin added he feels the current decal system offers an unwelcome attitude towards trash disposal Commissioner Godwin pointed out that over half of the tax dollars received goes towards education which people pay for whether or not they have children in school Commissioner Godwin continued that he realizes there will be people upset with putting a fee on the tax bill , but he cannot come up with a way that is completely fair to all and he believes the annual fee on the tax bill is the least unfair way Commissioner Godwin reiterated that he understands the concerns with a fee on the tax bill , but he is approached all the time by citizens about litter and he would like to see less trash thrown on the roadways Commissioner Godwin stated if people still choose to have a private hauler pickup their trash then that is their choice Commissioner Godwin stated he would like to have a system with an open attitude towards trash disposal and get the trash in the receptacles where it needs to be Commissioner Mims agreed that people do choose to have private haulers , but he pointed out there are many people that work out of town or do not have trucks to haul their trash and it is a necessity for them to have a private service Commissioner Mims stated he is concerned the Board is talking about adding another fee on those people who do not have the time or a way to use the convenience sites Commissioner Mims stated rather than charging people who do not use the convenience sites to keep people from breaking the law and littering the highways , perhaps the Board could ask the Sheriff’s Department to charge those that are littering Commissioner Mims noted there are other options to consider such as if the convenience centers are not generating enough revenue to cover expenses , then perhaps they should be closed and everyone would then have to get a private service ; leasing the operations out to a private company ; setting the decal fee higher ; or implementing a punch card system Commissioner Mims agreed that the program has to pay its way , but he is in favor of a user fee system and having Law Enforcement helping to punish those that are dumping trash on the roadway Following comments from the audience , the Chairman reminded everyone that the public hearing is closed ; however , he stated the Board is still discussing the proposals and nothing is being decided at this moment He encouraged citizens to contact the Commissioners in the future via e - mail or telephone at any time with suggestions or comments Commissioner Braswell stated the Board has been discussing this same issue for eight years and he believes the hardest thing is determining what is completely fair and right for the citizens Commissioner Braswell stated it is a fairness issue to him and he cannot understand how it is fair to charge someone for a service they do not use Commissioner Braswell added the County must fund education pursuant to North Carolina General Statutes PagePage pageNumber5218 September 2 , 2014 – 6 00 pm Continued Commissioner Godwin stated for him it comes down to how someone views the role of government and if we do not want trash on the roadways , then something else has to be done Commissioner Stewart stated the Board of Commissioners does not believe in adding more taxes or fees to burden the people , but with this particular issue , he has heard the comments from his constituents who overwhelming support a fee on the tax bill versus the decals Chairman Carver stated the Board will take all the comments received under advisement Chairman Carver stated he is still in favor of a user pay system and it is his opinion that even if a fee is put on the tax bill , there will still be those that litter the roadways Commissioner Cookie Pope acknowledged there is a lot of trash on the roads ; however , she noted Johnston County has intersecting interstates and with interstates , there is going to be trash Commissioner Pope stated all the fees levied will never solve that problem At the inquiry of Commissioner Mims , approximately 14 people in the audience raised their hands indicating they use the convenience center sites and two people raised their hands indicating they utilize a private service Chairman Carver directed staff to continue to review options Chairman Carver stated he would like to see cash flow models and more information on the revenues and expenses of the program 3 Board Reports and Comments Commissioner Ted G Godwin thanked everyone for coming out to the solid waste public hearing 4 Closed Session – NCGS 14331811 a 6 - Personnel Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS § 143 - 31811 a 6 Personnel No action was taken Commissioner Cookie Pope moved the Board adjourn closed session and resume regular session Commissioner Tony Braswell seconded the motion , which carried by unanimous vote 5 Manager Reports and Comments A Special Meeting Needed in September At the inquiry of the County Manager , the Board asked staff to coordinate the special meeting date once they have had a chance to review their calendars B Compensation Review County Manager Rick Hester noted staff had received proposals for a compensation review Upon brief discussion , it was the consensus of the Board for the low bidder to present an overview of the compensation review proposal at the October meeting There being no further business , Commissioner DeVan Barbour moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 50 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage