February 18, 2005 - 8:30 AM - County Board of Commissioners Meeting Minutes (Special)

10 56 Meeting of the Johnston County Board of Commissioners February 18 , 2005 The Johnston County Board of Commissioners met in a retreat on Friday , February 18 , 2005 , at 8 30 am in the Meeting Room at the Public Library of Johnston County and Smithfield , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , J Mark Payne , County Attorney , John R Massey , Finance Officer , April N Byrd , Assistant to the Clerk , and Pat LaCarter and Lalla Sidberry , Facilitators The Chairman called the meeting to order and welcomed everyone to the retreat She turned the meeting over to Facilitators , Pat LaCarter and Lalla Sidberry , who reviewed with the Board the proposed agenda , and went over the suggested ground rules for the retreat 1 Legislative Update from Jim Blackburn , NCACC General Counsel Jim Blackburn , general counsel for the NC Association of County Commissioners , provided the Board with a brief legislative update He noted that it appears the General Assembly will face a 12 billion shortfall this year , and they may look at an increase in cigarette tax and other measures as new revenue sources With this type of shortfall , it could make it difficult to get consideration on the goals set by the Association He stressed , however , the importance of local government officials making sure that representatives not ignore issues that are critical to local government Mr Blackburn briefly spoke of the legislative goals set by the Association of County Commissioners , and noted the top priority is for the State to reduce , and eventually eliminate the Medicaid burden on counties Other emphasis is also being put on finding ways to help counties with school construction , and legislation to provide all counties with the option to charge impact fees on new development 2 Discussion on Residential Wastewater Policy Tim Broome , Director of Public Utilities , reviewed with the Board the existing residential wastewater policy adopted August 2003 , the interim policy adopted November 2004 , and a proposed new policy that staff has been working on He noted the existing policy limits residential wastewater service to Municipal Transition Districts MTDs and Interstate Highway Interchange Districts IHIDS with exceptions for the following categories 1 existing residences with failed or failing septic systems , 2 developments zoned R - 10 or PUD prior to date August 2003 , and 3 new residential or PUD developments with 100 residential lots or more Requests are processed on a “ first - come , first - serve basis , ” subject to availability of capacity with assessments paid and allocations reserved when final plat is recorded The interim residential sewer service policy allows developers to reserve capacity for future phases by submitting a 10 deposit at the time the developer pays the fee for the first phase Projects approved through October 19 , 2004 , are assured the following 1 first phase of development assessment fees will be the current amounts of 2,400 per residential unit and 10 per gpd for commercial , institutional and industrial use , and 2 future phases will not exceed 125 of the current fees Mr Broome proposed a revised residential wastewater policy that would incorporate the areas designated in the original policy , with the exception of the allowance for new residential or PUD developments with 100 residential lots or more Added to the policy would be an additional allowed area referred to as Outlying Residential Sewer Service Areas ORSSAs with at least 100 units He presented maps of the proposed ORSSA areas which center around the area adjacent to the Wake County line south of Clayton that would incorporate the Old Drug Store and Cleveland Community , and the area northeast of Clayton , around the Flowers Plantation development Mr Broome recommended the interim policy requirements become a permanent part of the new policy Several Commissioners expressed concerns about the effect that the recommended policy would have on property owners , especially those in the eastern part of the County Commissioner Wade M Stewart questioned the fairness to property owners who are close to one of the designated areas or close to a sewer line extended for public purpose , and how the County could justify not allowing them sewer service Page57 February 18 , 2005 Continued Commissioner Jeffrey P Carver noted that the proposed policy would allow growth to be concentrated in established municipalities Commissioner DeVan Barbour stated that he wants to make sure the Board could amend the maps at a later date At the Board’s request , Mr Broome agreed to schedule a stakeholders meeting to receive public feedback on the proposed policy , and report back to the Board at the March 14 , 2005 meeting 3 Growth Management and Land Use Planning Options Steven Finn , Director of Planning and Inspections , presented five options for growth management and land use planning 1 subdivisions as special uses , 2 establishment of a “ proffer system ” , 3 establishment of an Adequate Public Facilities Ordinance APFO , 4 county - wide rezoning to control density , and 5 schools as special uses He briefly explained each option , and gave examples of what other counties in NC are doing County Attorney Mark Payne added that Durham County was recently taken to court by the building community for charging impact fees on new development Durham County based its argument on NC General Statute § 153A - 102 , “ the Board of Commissioners may fix fees for duties and purposes required by law ” The trial court ruled with the homebuilders association without any findings of fact or ruling of law Mr Payne commented that the case is being appealed , and it is difficult to say how the case will ultimately end County Manager Rick Hester suggested the possibility that option 1 and option 2 of Mr Finn’s presentation could provide an outcome that may offer the same benefits as option 3 , the Adequate Public Facilities Ordinance Commissioner Allen L Mims , Jr noted that in addition to the growth management and land use planning options discussed , he believes the Board should look at establishing a comprehensive land use plan Commissioner Jeffrey P Carver agreed that the County needs to do a better job of planning 5 - 10 years from now , and a comprehensive land use plan would allow this to happen Following discussion , the Board requested Mr Finn to obtain more detailed information on options 1 , 2 , and 4 including fee in lieu information , and report back to the Board at the March 14 , 2005 meeting 4 Board Comments A Citizen Complaints - Garbage & Unsightly Yards Commissioner W Ray Woodall stated that he has received numerous complaints about garbage on the highways , and unsightly yards Chairman Cookie Pope agreed that this is a problem throughout the County B Citizen Complaints - Discharge of Firearms Near Residential Neighborhoods Commissioner Allen L Mims , Jr noted that the commissioners have received numerous complaints about the discharge of firearms in close proximity to residential neighborhoods County Attorney Mark Payne informed the Board he plans to present information on what other local governments are doing about this issue at the March 7 , 2005 Board meeting C Alternatives to Tax Increases Commissioner Mims mentioned several policies that other states are pursuing as alternatives to tax increases Florida and California have a policy that states when a person buys a house , the person pays property taxes on the purchase price , not the value at the last revaluation In other states , jurisdictions collect fees for public transportation for students and extra - curricular activities County Manager Rick Hester noted that he has spoken to a Commissioner from Massachusetts whose local government has implemented some of these policies , and he will be receiving more detailed information , which he will provide to the Board at a later date 5 Presentation of School Audit Sid Hickman , auditor for the Johnston County Public School System , reviewed information from the 2003 - 04 audit for the Board of Education Discussion ensued about the amount of fund balance the Schools had at the end of the fiscal year , and how much should be maintained on a yearly basis Board of Education members , who joined the Commissioners at the meeting , explained their perspective , and why this money is needed for ongoing school operation Page58 February 18 , 2005 Continued There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote ___________________________________ Cookie Pope , Chairman ______________________________ Joyce H Ennis , Clerk to the Board ______________________________ April N Byrd , Assistant to the ClerkPage