October 5, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 805 Meeting of the Johnston County Board of Commissioners October 5 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 5 , 2015 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , 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 Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell called the meeting to order at 6 00 pm and the following business was transacted Announcement Regarding Rezoning Case 15 - 30 - Chairman Tony Braswell announced that Rezoning Case 15 - 30 has been withdrawn by the applicant and will not be heard 1 Public Comment A Citizens Concerns – Discharge of Firearms Edward Walsh , 457 Madison Avenue , Princeton , addressed the Board and spoke on his concerns regarding the discharge of firearms in unincorporated neighborhoods and subdivisions Mr Walsh informed the Board of events where people have been shooting firearms within his subdivision causing much distress to the other residents Mr Walsh stated he has reviewed the County’s ordinances and he expressed his disappointment in the ordinance text stating it does not protect neighborhoods like Madison Avenue Mr Walsh stated they are not against gun ownership or those that wish to enjoy the sport of target practice on their property so long as it is done in a safe manner that does not disturb other neighbors Mr Walsh asked the Board to revisit the County’s ordinances and add footage restrictions between dwellings as well as additional backstop and side - stop provisions Mr Walsh read from his prepared statement as listed below Page806 October 5 , 2015 – 6 00 pm Continued The following individuals spoke later during Public Comment on this same concern Jason Jones , 499 Madison Avenue , Princeton , stated before he moved to Madison Avenue they lived in an area where they shot their guns all the time ; however , since moving to Madison Avenue they no longer do this out of respect for their neighbors Mr Jones stated when the shooting incidents happened in their area he and his family immediately went into their house out of fear for their safety Mr Jones stated they rely on the Commissioners to set rules and regulations for those people who do not respect their neighbors Mr Jones asked the Board to look into the matter and thanked them for hearing the concerns Jay Bell , 725 Madison Avenue , Princeton , also expressed his concerns to the Board regarding the discharge of firearms in neighborhoods Mr Bell asked the Board to do whatever is necessary to ensure the safety of the citizens Mr Bell reported he was with the Department of Public Safety for 12 years and during that time they received instruction from certified professionals on how to safely handle firearms and were under strict rules and regulations Mr Bell stated those instructors are not available to teach people in their backyards how to safely shoot a weapon and he asked for the Board to set restrictions for the safety of others Jean Lewis , 460 Madison Avenue , Princeton , agreed with the comments from her neighbors as previously spoken Ms Lewis stated when she hears gunshots with the way things are today , she is fearful of her safety Ms Lewis noted that accidents happen every day and she would like for the Board to look at restrictions near homes Raul Menjivar , 364 Madison Avenue , Princeton , stated he has two children one of which has special needs Mr Menjivar reported it is difficult for his children to handle situations such as what they have been experiencing Mr Menjivar stated when the shooting takes place he is afraid for his children to go outside and he would like for the Board to look into the situation B Proclamation – A Day In Honor of Survivors of Domestic Violence and In Memory of Those That Lost Their Lives Due to Domestic Violence At the request of Harbor Executive Director Cynthia Seale - Rivera , upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board adopted the following proclamation PROCLAMATION JOHNSTON COUNTY BOARD OF COMMISSIONERS A DAY IN HONOR OF SURVIVORS OF DOMESTIC VIOLENCE AND IN MEMORY OF THOSE THAT LOST THEIR LIVES DUE TO DOMESTIC VIOLENCE WHEREAS , domestic violence is a serious crime that affects people of all races , ages , gender , and income levels ; and WHEREAS , domestic violence is widespread and affects over four million Americans each year ; and WHEREAS , one in three Americans have witnessed an incident of domestic violence ; andPage807 October 5 , 2015 – 6 00 pm Continued WHEREAS , children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average ; and WHEREAS , domestic violence costs the nation billions of dollars annually in medical expenses , police and court costs , shelters , foster care , sick leave , absenteeism , and non - productivity ; and WHEREAS , only coordinated community efforts will put a stop to this heinous crime ; and WHEREAS , Johnston County commends Harbor , Inc of Johnston County , InterAct and the Wake County Task Force , Wesley Shelter of Wilson County , My Sister’s House of Nash County and My Sister’s House of Edgecombe County for working together for such a worthy cause and for sponsoring the Domestic Violence Rally and Silent March to increase awareness regarding the dangers of domestic violence and the importance of preventing domestic violence NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the last Wednesday of October as a day in honor of survivors of domestic violence and in memory of those that lost their lives due to domestic violence and urges the citizens of Johnston County to work together to eliminate domestic violence from our community th Adopted this the 5 day of October , 2015 Ms Seale - Rivera also reminded everyone of the annual “ Walk the Track in Her Shoes ” event to be held on October 24 , 2015 beginning at 8 00 am at the Smithfield Community Park as well as the Silent Walk on October 28 , 2015 at 12 00 Noon which will begin on the Courthouse steps C Citizen Concerns – Atlantic Coast Pipeline Project Francine Stephenson , 2012 Raccoon Run , Clayton , North Carolina , addressed the Board regarding her concerns over the Atlantic Coast Pipeline Project that is proposed to cross Johnston County Ms Stephenson stated she owns property near the Strickland’s Crossroads area in Johnston County that is included within the pipeline’s route Ms Stephenson stated the pipeline is a devastating event for those property owners whose property is being taken for pipeline easements , as well as for adjacent properties Ms Stephenson expressed her concerns over the type of pipeline being proposed for construction , the size of the pipeline , the depth of burial , the proposed route of the pipeline , sedimentation and erosion control issues , safety issues , as well as eminent domain procedures and how affected property owners are being treated regarding easements Ms Stephenson noted there was an alternate pipeline route discussed in the early stages of development and she asked the Board to request Atlantic Coast Pipeline to revisit that alternate route Ms Stephenson provided the Board with the following statement Page808 October 5 , 2015 – 6 00 pm ContinuedPagePage pageNumber5809 October 5 , 2015 – 6 00 pm Continued D Visit from the Office of US Senator Thom Tillis Austen Shearer , representing US Senator Thom Tillis , appeared before the Board to introduce herself and encourage the Commissioners to call upon her anytime there is an issue that the Senator’s Office can assist with Commissioner Cookie Pope asked Ms Shearer to please pass along to Senator Tillis the need for more assistance with Mental Health Commissioner Pope stressed that the area of Mental Health is greatly lacking in the nation and the state and Johnston County is feeling those impacts Ms Shearer agreed to pass the concerns along to Senator Tillis and provide a response to Commissioner Pope E Recognition of 911 - Communications Employee Director of 911 - Communications Jason Barbour introduced and recognized 911 Employee Jonathan Davis Mr Barbour reported that Mr Davis recently helped with the apprehension of a suspect in a home invasion robbery Mr Barbour reported the actions of Mr Davis are a prime example of when an employee goes above and beyond the call of duty and that most likely Mr Davis saved a life that day Mr Davis briefed the Board on the situation noting that the first call from the victim came in as a power outage concern ; however , when the victim called a second time he could tell that something was not right and decided to send law enforcement to the scene Chairman Tony Braswell stated this is just another fine example of the Johnston County employees and the services they offer The Commissioners commended and thanked Mr Davis for his recent assistance and for his excellent work with Johnston County F Remarks from Commissioners Regarding Public Comment Items Chairman Tony Braswell stated with regards to the earlier concerns of Ms Francine Stephenson and the Atlantic Coast Pipeline project , the Board did send a letter in support of that project ; however , it was with the understanding that Atlantic Coast Pipeline would work with the property owners that would be impacted by the pipeline construction Also , the letter stated the Board appreciated the assurance that those affected property owners and their families would be treated with respect and fairness throughout the process Chairman Braswell also stated with regards to the comments by the Madison Avenue residents and the discharge of firearms , the Board will take the issue under advisement and talk with staff and Sheriff Steve Bizzell about the problem Commissioner Chad M Stewart stated he can understand the concerns from the residents of Madison Avenue as he also lives in a subdivision Commissioner Stewart stated with regards to the Atlantic Coast Pipeline project , much of that area is in his district and the pipeline will also affect his property Commissioner Stewart stated he has said from the beginning that he wants to make sure the property owners are treated fairly and with respect Commissioner Ted G Godwin stated Ms Stephenson made some good points in her remarks and he feels there should be some type of indemnity clause in those easements for the property owners PagePage pageNumber6810 October 5 , 2015 – 6 00 pm Continued 2 Manager Reports and Comments A Johnston County Visitors Bureau Internal Audit County Manager Rick Hester stated in response to concerns that were recently raised regarding the Johnston County Visitors Bureau , an internal audit was completed by the County’s Internal Auditor in the Finance Department Mr Hester reported copies of the audit were submitted to the Tourism Authority as well as the Board of Commissioners and copies are available upon request in the Finance Office Mr Hester stated the audit was completed and includes recommendations He stated Management Responses are also included in the audit in response to the recommendations Chairman Tony Braswell commented that the concerns were brought forward by WTSB which initiated the internal review Chairman Braswell stated he would like for the Tourism Authority and or Executive Director Donna Bailey - Taylor to report back to the Board of Commissioners in 60 days and provide an update on their responses and actions to the recommendations in the audit B Appointment of Assistant Medical Director County Manager Rick Hester explained that the County has an EMS Medical Director who is currently Dr Hartman and the entire County’s EMS system operates under Dr Hartman’s license He stated in the past there was an Assistant Medical Director but the County does not currently have an Assistant Mr Hester stated the EMS system is at a point where a backup is needed He reported that Emergency Services Director Kim Robertson has been in discussions with Dr Rodney McCaskill about the possibility of becoming the Assistant Medical Director to act as a backup for Dr Hartman Mr Hester stated with the appointment of an Assistant Medical Director , there needs to be some adjustment to the hourly wage for Dr Hartman as the Medical Director Mr Hester asked the Board to consider appointing Dr McCaskill as the Assistant Medical Director and authorize him as County Manager to finalize the agreement documents , including the hourly compensation , for both the Medical Director and Assistant Medical Director Upon questions by the Board , Ms Robertson stated that Dr McCaskill currently lives in Fuquay - Varina but is looking to relocate in Johnston County Ms Robertson stated Dr Hartman was appointed as the Medical Director in 2008 She noted that Dr Hartman usually does not travel far and when he does he is always available by cell phone ; however , he is currently out of the country and although they can still call him it is somewhat limited Ms Robertson stated there have been other occasions recently where there has been a need for a backup to Dr Hartman which is why staff began looking at an Assistant Medical Director Commissioner Jeffrey P Carver noted there does need to be a backup , but he would like to see the cost information Ms Robertson stated Dr McCaskill will act as a backup and she does not expect to use his services more than approximately eight hours a month on average Mr Hester stated the funds are included in the EMS budget and he would provide the cost information to the Board once it is finalized Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried unanimously , the Board appointed Dr Rodney McCaskill , MD as the County’s Assistant Medical Director and authorized the County Manager to finalize the agreement documents , including hourly compensation , for the County’s Medical Director and Assistant Medical Director 3 Board Reports and Comments - None There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 6 45 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage