August 17, 2005 - 6:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 265 Meeting of the Johnston County Board of Commissioners August 17 , 2005 The Johnston County Board of Commissioners met in a retreat on Wednesday , August 17 , 2005 , at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , 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 , April N Byrd , Clerk to the Board , John R Massey , Finance Officer , and Deva C Holt , Deputy Clerk The Chairman called the meeting to order and welcomed everyone to the retreat She stated the purpose of the meeting is to discuss solid waste issues , receive an annual update on the County’s financial situation , and also discuss possible revisions to the County’s Land Use Ordinance 1 Public Utilities - Solid Waste Presentation Public Utilities Director Tim Broome thanked the Board for the opportunity to present an overview of the existing Solid Waste Program He introduced the following Public Utilities staff members Haywood Phthisic , Assistant Utilities Director Rick Proctor , Solid Waste Manager Kenneth Evans , Convenience Site Manager Debbie Holloman , Business Manager Dale Mooney , Convenience Site Attendant Donald Stewart , Convenience Site Attendant Mr Broome called on Assistant Utilities Director Haywood Phthisic to present a power point presentation to the Board Mr Phthisic began the presentation with illustrations of a typical solid waste convenience site in the county , and a map detailing the location of the 12 county sites He noted the County owns seven of the 12 sites , and leases the remaining five sites In September 1989 , the manned convenience site system replaced the previous unmanned open container system He noted that beginning in 1997 , the State required the County to maintain an up - to - date 10 year Solid Waste Plan , which must be revised once every three years The next revision is due June 30 , 2006 Mr Phthisic briefly reviewed the materials accepted at the convenience sites , and distinguished items that must be taken to the county landfill He provided two graphs detailing the increased usage of the sites from 1995 to the present The annual tons of residential solid waste have more than doubled in the ten year time period In 1995 , approximately 1,000 users per day used the sites ; in 2005 , the number of daily users has increased to 1,900 Mr Phthisic outlined the major issues at the sites including the following • Acceptable Waste – Users want to dispose of any all items brought to the sites without question • Large Loads – Loads are not to exceed two 90 gallon carts or six 30 gallon garbage bags per week • No Decal Misuse of Decal – User refuses to purchase decal and or shares decal with multiple users • Commercial Users – Volume not to exceed three 90 gallon carts or ten 30 gallon bags per week • Dumping After Hours – Users leave garbage outside the fences • High Use at Major Sites – Peak traffic flow on Saturdays • Funding – How to fund the convenience site program Further , Mr Phthisic explained the penalties for violations as defined by the County Code of Ordinances , and offered the following possible solutions • Enforce , redefine , or eliminate volume limits for acceptable waste , large loads , and commercial loads • Enforce ordinance requirement or eliminate decal system for no decals misuse of decals problems • Enforce ordinance requirements for after hours dumping at gates • Expand existing sites or add new sites in high - growth areas to deal with high - use issues He stated that originally the revenues received from decal sales covered the landfill tipping expense for the convenience sites The sites ’ operation expenses were funded by the General Fund , however , in 1998 , revenues from landfill tipping fees began to cover the sites ’ operations expenses He noted that in FY 04 - 05 operatingPage266 August 17 , 2005 Continued expenses for the convenience sites totaled 1,279,000 , and revenues from the sites decal sales and recycled material sales only accounted for 609,000 , resulting in a program deficit of 670,000 To compensate for the deficit , 792 of the 33 per ton Municipal Solid Waste tipping fee supported the sites ’ operations Mr Phthisic offered several alternative options to the current funding including • Fund the program from the decal revenues to cover landfill tipping expenses and from the General Fund for site operation expenses • Fund the program entirely from the General Fund • Fund the program by a sanitation fee assessed to all “ occupied ” properties within unincorporated areas • Eliminate site program and franchise the County for curb side collection • “ Pay as you throw program ” at each site He noted majority of NC counties charge a sanitation fee For example , Wake County charges a 20 annual fee on every household in the county , including municipalities Further , Wake County contracts with a private hauler to operate and service their convenience sites In regards to a possible sanitation fee in Johnston County , he stated there are approximately 40,000 parcels with dwellings in the unincorporated areas of the county In order to cover the full cost of service , the decal charge would need to be raised from 55 to 160 annually Donald Stewart and Dale Mooney briefly reported on some of the problems they face as Convenience Site Attendants They mentioned that many users want to dispose of all items and excessively large loads not permitted at the sites Further , some users leave garbage after hours by throwing bags over the fence or leaving them outside the fence They stated that overall majority of users seem satisfied with the current system , as long as the decal fee remains the same In response to concerns regarding excessively large loads , Commissioner DeVan Barbour questioned whether the Board should consider more flexibility or possibly an “ overload fee ” Commissioner Jeffrey P Carver pointed out that turning users away from the sites for non - permissible items and large loads may lead to increasing amounts of garbage along roadsides He suggested the Board look at waiving tipping fees one day a month at the landfill to accommodate the large loads Commissioner Tony Braswell expressed concern regarding enforcement of the penalties under the current ordinance , and stated , in his opinion , in order to prevent abuse of the system , to some degree staff must enforce the ordinance Public Utilities Director Tim Broome stated under the current ordinance there are penalties in place to combat policy violations However , he noted Public Utilities staff has opted to be lenient and issue more warnings During the past year , staff did not enforce any penalties for violations In his opinion , the penalties are restrictive and severe He requested guidance on the issue , and also , whether the Board would like staff to gather more information on the alternative options discussed County Manager Rick Hester suggested the Board might want to consider a pilot program for the curb side collection option Following discussion , the Board requested Mr Broome and his staff gather more information on a County franchise for curb side collection , possible revisions to the current ordinance to also include less severe penalties for violations , and statistics for actual violations Chairman Cookie Pope appointed Commissioners Allen L Mims , Jr , Tony Braswell , and Jeffrey P Carver to meet with Public Utilities staff , and report their findings to the Board 2 Davenport & Company , LLC – County Financial Status Report David Rose , Davenport & Company , LLC , presented to the Board a brief report on the County’s financial status He highlighted several recent county events • May 10 , 2005 - Approval of 85 Million Public School Referendum and 10 Million Community College Referendum • June 20 , 2005 - Fiscal Report Presentations to Standard & Poor’s and Moody’s Page267 August 17 , 2005 Continued • July 1 , 2005 - Reaffirmation of the Standard & Poor’s Aa3 bond rating and Moody’s AA - bond rating • July 12 , 2005 – Successful Sale of 375 Million General Obligation Bonds for Public School and Community College Projects • July 26 , 2005 – Closing on the 375 Million Issue with Wachovia Bank as winning bidder Rates were at or below the National AAA scale Included in the presentation was a proposed timeline for future referendum debt issues and capital improvement program funding during the next five years The timeline highlighted the issuance of three general obligation debt issues for the recently approved 2005 school bond and community college bond referendums , the possibility of one additional referendum - backed general obligation debt issue for schools in 2010 and the possibility of one certificate of participation issue for a new jail facility in 2010 as well Further , Mr Rose reported on the County’s bond rating history , and noted several positive quotes regarding the County’s financial position from the bond rating agencies He advised the Board , when considering financing options for future projects , to remain aware of the significant amount of recent debt issuance , and the potential impact on the County’s bond rating Mr Rose stated fortunately the county has been paying its debt down faster than many of its neighbors , and the NC Local Government Commission particularly likes to see initiatives such as this The presentation concluded with several selected highlights from the Fiscal Report Presentations recently made to Standard & Poor’s and Moody’s In response to a question from Commissioner Allen L Mims , Jr , Mr Rose stated , in his opinion , it would be best for the County to adopt a formal fund balance policy He emphasized the importance of a formal policy to ensure that future boards abide by the successful standards in place now Further , future boards would need good rationale to rescind or make changes to the policy Commissioner Mims agreed with Mr Rose , and requested he create a sample policy to submit for the Board’s review Commissioner Jeffrey P Carver concurred with the importance of following a fund balance policy Further , he reminded the Board that bond ratings are not based on the county’s fund balance ratio alone , and encouraged the Board to keep in mind the numerous factors that might affect the county’s bond rating The Board thanked Mr Rose for the presentation , and his dedication to assisting the Board improve the financial status of Johnston County 3 Growth Subcommittee – Update on Land Use Discussions Commissioner Allen L Mims , Jr provided the Board an update on the discussions of the Growth Subcommittee recently appointed by the Chairman The subcommittee is comprised of Commissioners Mims , Barbour , and Stewart , Planning Board members Jim Jenkins , Skip Browder and Brad Schulz , Planning and Zoning Director Steven Finn , County Manager Rick Hester , and Public Utilities Director Tim Broome The subcommittee has been looking at growth as a whole Commissioner Mims stated that he was pleased to learn that the Board of Education has planned similar discussions to take place soon , and at some point , he hopes that Board of Commissioners and Board of Education can discuss the issues together The subcommittee has particularly focused on defining “ rural character ” as it pertains to the county , and citizens ’ quality of life Some items discussed include rural transition zones , rural protection districts , and subdivisions as special uses Staff is requesting the Board set a vision for them to follow as to how the county should grow and look in the future Steven Finn , Planning and Zoning Director , noted that defining the rural character of the county centers around the theme of density and designating the most suitable areas for growth He pointed out the county does not have a county - wide comprehensive growth management plan , rather growth management is through the zoning process Currently , this process appears to be working for the county ; however , given that some areas of the county are more rural than others , and that particular areas welcome growth , while other areas do not , Mr Finn emphasized the need to continue the subcommittee discussions to plan for the future At the same time , staff is focusing increased attention on transportation planning as it relates to long range planning Further , additional long range planning initiatives should be complete and available for discussion in the next few months Commissioner DeVan Barbour stated the meetings have been very productive , and , in his opinion , the subcommittee is coming closer to developing a firm plan for discussion purposes Page268 August 17 , 2005 Continued Commissioner Jeffrey P Carver noted that he has received numerous calls from individuals requesting that all special use requests come before the Board of Commissioners , and asked the subcommittee to pay particular attention to this topic Commissioner Wade M Stewart stressed the complicated nature of the issue In his opinion , no one on the Board feels comfortable telling property owners what they can do with their land ; however , he emphasized it is the Board’s responsibility to plan for what the county will look like in the future He pointed out the difference in residential developments across the county ; some developments offer numerous amenities , while other developments offer no amenities In his opinion , smaller lots without amenities should be located closer to municipalities where existing infrastructure is already in place Further , lots in unincorporated areas should be larger to preserve the rural nature of the area Commissioner Carver stressed the need for further analysis and eventually a formal written policy on the matter He noted how growth impacts the need for more schools , and this relationship to fund balance Commissioner Carver suggested that at some point it would be important to involve the Board of Education in the growth discussions Chairman Pope thanked the subcommittee for their hard work , and requested they update the Board again at a later date 4 Board Reports and Comments A Request for Information Commissioner Jeffrey P Carver noted that the County would no longer be receiving property taxes on the Wendell Transport facility and the Exide Battery plant He requested the County Manager gather information on how this will impact the County There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage