September 12, 2005 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 288 Meeting of the Johnston County Board of Commissioners September 12 , 2005 The Johnston County Board of Commissioners met in regular session Monday , September 12 , 2005 at 7 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 , J Mark Payne , County Attorney and Deva C Holt , Deputy Clerk The Chairman called the meeting to order and the following business was transacted 1 Public Comments No one spoke at this time 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – September 2 , 6 , 2005 Certified letters were mailed to adjoining property owners on September 1 , 2005 , and notices posted at the locations on July 7 , 2005 The Chairman opened the Special Use Hearing for Case 03 - 35 Case 03 - 35 Application to modify a Special Use Permit issued October 6 , 2003 for a parcel of land located on Holly Grove Road SR 1113 in Meadow Township with Tax ID 09G15004 , 09G15004P , 09G15004Q Owners and Applicants Jeff and Jan Hamburg Those wishing to speak on Special Use Case 05 - 15 were affirmed by the Deputy Clerk to the Board Steven Finn , Planning and Zoning Director , introduced the special use case , and identified the location of the subject property on the west side of Holly Grove Road in the Meadow Township The predominant zoning in the area is Agricultural - Residential The original special use permit was issued October 6 , 2003 to allow for three lodge facilities , parking area , bath house , pool , dock , dock storage , and nature trail Owners Applicants Jeffrey and Jan Hamburg are requesting a modification to allow motorized vehicles on the lake Mr Finn entered as evidence the September 8 , 2003 and July 19 , 2005 Planning Board minutes into the record He specifically noted the three original conditions of the 2003 special use permit as follows 1 Operating hours will be year round with consideration to Johnston County noise ordinance which is all is quiet after 11 00 pm 2 A detailed site plan to be reviewed and approved by staff including no structure shall be closer than 800 feet to Mrs McLamb’s house 3 No motorized vehicles shall be operated on the lake Further , he noted the Planning Board recommended denial of the modification request by a vote of 8 - 1 at their July 19 , 2005 meeting Owner Applicant Jeff Hamburg , 3614 Holly Grove Road , requested the Board remove special condition number three of the original special use permit As owners of Still Water Lodge Christian Retreat , he and his wife are interested in offering water sports ministries , such as the one coordinated by In His Wake founded by Kristi Overton Johnson He noted the ministry works with area churches , and other organizations such as children group homes Mr Hamburg emphasized that , in his opinion , offering this unique example of Christ - based ministry would be very beneficial to the community Owner Applicant Jan Hamburg reiterated her husband’s remarks In response to a question from Commissioner Jeffrey P Carver , Mr Hamburg stated any church group can use the camp Each group is responsible for their own food and catering The circumstances would be the same for In His Wake or similar water sport ministries Commissioner Allen L Mims , Jr asked what type of boats would be used Page289 September 12 , 2005 Continued Mr Hamburg noted the water sports ministries uses upper - end boats that are very well insulated and typically equipped with Lexus or Ford motors Recent sound tests completed at the location estimate the noise level as comparable to a lawn mower or weed - eater Commissioner DeVan Barbour questioned how often per season would the Hamburgs expect to lease the camp for water sports ministries Mr Hamburg estimated this as two weeks per month , however , expressed reluctance to give an exact amount of time He noted the camp is typically reserved each week weekend , and that is was difficult to give an exact measure for the number of weeks weekends that water sports ministries could potentially be offered In response to a question from Commissioner W Ray Woodall , Mr Hamburg responded the lake does touch two adjacent properties , Mr Roy Johnson’s to the north and Ms Brenda Parrish’s to the west In response to questions from the Board , County Attorney Mark Payne clarified that if a property owner has legal access to the water , then he has legal access to the entire lake Further , any legitimate property owner could operate personal motorized vehicles on the lake The special use permit will allow the Hamburgs to lease the property to other groups and allow them to operate motorized vehicles on the lake Commissioner Barbour questioned the reason for prohibiting motorized vehicles on the lake in the original special use permit Ms Hamburg stated , in 2003 , a neighbor was concerned about the potential noise level from motorized boats Claydean McLamb , 3590 Holly Grove Road , stated that she lives close enough to the subject property to see the lake She offered no opposition to the Hamburg’s request , however , she expressed concern regarding the number of boats that would be permitted at any given time , and restrictions on the time - frame , ie , consecutive versus non - consecutive weeks weekends Commissioner Tony Braswell asked whether the water sports ministries would be primarily presentations or would campers be involved Mr Hamburg responded the water sports ministries would be hands - on ministries where the children would be directly involved In response to a question from Commissioner Wade M Stewart , Mr Hamburg stated shortly after purchasing the property he encountered numerous intoxicated individuals fishing , and others polluting the lake He stressed how unsafe these activities were with young children also on the lake Since that time , the Hamburgs have worked out agreements with the Johnsons and the Parrishes to require red flags on their boats and any other boats belonging to people the Johnsons or Parrishes allow on the lake Commissioner Mims and Barbour expressed concern that the special use permit should specify the type of motorized vehicles allowed , and prohibit personal watercraft such as jet skis on the lake There being no further comments , the Chairman closed the Special Use Hearing for Case 03 - 35 Decision on Special Use Case 03 - 35 Case 03 - 35 Application to modify a Special Use Permit issued October 6 , 2003 for a parcel of land located on Holly Grove Road SR 1113 in Meadow Township with Tax ID 09G15004 , 09G15004P , 09G15004Q Owners and Applicants Jeff and Jan Hamburg Based on the following findings of fact , with special conditions attached , Commissioner Jeffrey P Carver moved the Board authorize the Planning Department to issue a special use permit modification for Case 03 - 35 , a parcel of land located on Holly Grove Road in the Meadow Township for Owners Applicants Jeff and Jan Hamburg Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 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 ;Page290 September 12 , 2005 Continued 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations Note Applicable regulations not in Chapter 14 of the Johnston County Land Development Code may include and are not limited to other provisions of the Johnston County Land Development Code , other ordinances and resolutions , and state and federal regulations ; 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 ; 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , or other development policies as adopted by the Board of Commissioners ; and 5 That this use as proposed will provide a valuable commercial use to the surrounding community Special Conditions 1 Operating hours will be year round with consideration to Johnston County noise ordinance which is all is quiet after 11 00 pm 2 A detailed site plan to be reviewed and approved by staff including no structure shall be closer than 800 feet to Mrs McLamb’s house 3 Motorized boats will be allowed on the lake , no more than two non - consecutive weeks per month from May through October only 4 No more than three motorized boats allowed on the lake at any given time 5 No other personal watercraft such as jet skis allowed on the lake 3 Manager Reports and Comments A Special Meeting Scheduled County Manager Rick Hester requested the Board schedule a public hearing to discuss a possible amendment to the Personnel Ordinance - Article VI , Section 5 regarding health insurance provisions for retirees Commissioner Wade M Stewart recommended the Board also discuss adopting a personnel resolution in lieu of the current personnel ordinance In his opinion , a personnel resolution would allow more manageability by the County Manager , department heads , and supervisors Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart and th carried by unanimous vote , the Board scheduled a special meeting and public hearing for October 10 at 6 45 pm to discuss a possible amendment to the Personnel Ordinance - Article VI , Section 5 – Retirement , and to consider the repeal of the Personnel Ordinance B Mobile Home Dilapidation Program th County Manager Rick Hester informed the Board that a meeting would be held September 13 at 9 00 am to discuss the County’s Mobile Home Dilapidation Program He noted that Commissioner Tony Braswell would be attending the meeting , and invited two additional Board members to attend if possible 4 Board Reports and Comments A Department of Social Services - Two Additional Positions Approved Commissioner Wade M Stewart requested the Board approve two additional permanent positions for the Department of Social Services , and asked DSS Director Earl Marrett to explain the need for the positions Mr Marrett explained that two DSS employees have temporarily left the County office to work with the State on a pilot program , NC FAST , expected to last approximately two years The State will reimburse the County for the full cost of the two positions including salary and benefits He reiterated Commissioner Stewart’s request , and asked the Board to approve two additional permanent positions to handle the case load of the two employees temporarily working with the State Following discussion , Commissioner Wade M Stewart moved the Board approve two additional permanent positions for the Department of Social Services Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Budget Amendment to follow in October Page291 September 12 , 2005 Continued B Renovations to Old Farm Service Agency and Cooperative Extension Buildings Commissioner Wade M Stewart reported that he and others including Tom Trowbridge of the Wooten Company , Facilities Director Jerry Burton , Assistant Facilities Director Daniel Clifton , and DSS Director Earl Marrett recently met regarding the old Farm Services Agency and Cooperative Extension buildings The plans are for DSS staff to expand into the two recently vacated buildings , however , renovations to both buildings must be completed first It is the opinion of those at the meeting that county staff can perform the renovations , estimated at 150,000 , to the old Farm Services Agency building Renovations to the old Cooperative Extension building , estimated at 840,000 , are a much larger project , and would need to be advertised for bids The renovations include a possible small court room in the former auditorium Commissioner Stewart noted the roof will need repairing in the near future , however , he suggested performing this at a later date due to the project being so large already County Manager Rick Hester noted 500,000 of county funds have already been reserved for the projects Further , the County expects to receive 500,000 from State and Federal agencies for the projects as well He requested the Board authorize County staff to proceed with the renovations to the old Farm Services Agency building , and approve the pre - established funding sources , 75,000 from County funds and 75,000 from Federal funds for the project Further , the Board would discuss the bid process for the old Cooperative rd Extension building renovations at the October 3 Board meeting It was the consensus of the Board to approve the County Manager’s recommendations C Residential Sewer Service Policy Amended Commissioner Devan Barbour moved the Board amend the Residential Sewer Service Policy to include the following language “ If a residential wastewater tap is requested on county wastewater lines that flow into a municipal - owned treatment facility , the municipality receiving the waste must approve the request based on plant capacity That approval would be sent to the applicant and county in writing , subject to the county’s approval of line capacity Also , if the request involved a subdivision of 5 or more lots , the board of county commissioners would evaluate the request based on county land use policy If approved , the county and municipality would coordinate fees , taps , meters and customer service based on existing service area policies agreements ” Following discussion , Commissioner Tony Braswell seconded the motion , which carried by the following vote AYES Commissioners Allen L Mims , Jr , Jeffrey P Carver , DeVan Barbour and Tony Braswell NAYS Commissioners Cookie Pope , Wade M Stewart and W Ray Woodall The amended policy in its entirety is as follows Residential Sewer Service Policy Revised September 12 , 2005 Sewer service for residential developments shall be limited to developments within Municipal Transition Districts MTDs ; Interstate Highway Interchange Districts IHIDs ; Outlying Residential Sewer Service Areas ORSSAs ; developments on land zoned R - 10 , PUD , or PDM prior to the date of adoption of this policy ; and existing residences with failed or failing septic systems If a residential wastewater tap is requested on county wastewater lines that flow into a municipal - owned treatment facility , the municipality receiving the waste must approve the request based on plant capacity That approval would be sent to the applicant and county in writing , subject to the county’s approval of line capacity Also , if the request involved a subdivision of 5 or more lots , the board of county commissioners would evaluate the request based on county land use policy If approved , the county and municipality would coordinate fees , taps , meters and customer service based on existing service area policies agreements Residential development is defined as a group of owner or renter occupied dwellings consisting of single units or multiple units including subdivisions , patio homes , apartments , condominiums , and town homes To qualify for residential sewer service in ORSSAs , developments must be zoned PUD or PDM PagePage pageNumber5292 September 12 , 2005 Continued Availability of wastewater allocation for qualifying residential developments shall be subject to surplus wastewater treatment capacity plant Three years capacity shall be continuously reserved in the wastewater treatment plant to serve the projected annual growth of the current bulk municipal customers and projected commercial , industrial and institutional development Requests will be processed on a first - come , first - served basis The official date of acceptance for a residential development project shall be the date of Planning Board approval of the preliminary plat or date of approval of Board of Commissioners approval of a PUD or PDM At the time of submittal of preliminary plans to the Department of Planning for initial Planning Board approval , a development phasing plan shall be included which specifies the schedule of development phases , the number and type of residential units , and the requested wastewater flow allocation required for each phase of development Wastewater capacity shall be allocated for residential projects on a development phase - by - development phase basis Capacity shall be reserved by payment of a cash deposit in the amount of 10 of the assessment fees for all phases for which capacity is available Payment of the deposit may be made following approval of the project preliminary plat by the Planning Board for subdivisions and approval of the PUD or PDM by the Board of Commissioners Payment for the balance of capacity allocations ie wastewater assessment fees may be made after approval of utility construction plans and specifications and receipt of the DWQ Non - Discharge Permit for a given development phase Payment of the balance of capacity fees wastewater assessment fees shall be made prior to recording of the final plat for a development phase The 10 deposit will be credited on a pro - rata basis against the assessment fees for later development phases Payment of the balance of assessment fees will not be accepted for any development phase until plans and specifications are approved and the DWQ Non - Discharge Permit is issued The Department of Utilities will maintain records of wastewater capacity required for each project on a phase - by - phase basis Running totals and a progressive schedule of purchased and planned wastewater allocations will be maintained Provided developments are constructed within the proposed and approved phasing plan , wastewater capacity will be allocated in order of priority on the basis of the date of payment of initial assessment fee s Subsequently submitted projects will not have priority for allocation over a previously submitted project , provided the approved phasing plan is followed and the 10 assessment fee deposit is paid immediately after approval The phasing plan for a development may be adjusted extended by up to one 1 year for any development phase upon prior written request to the Department of Utilities Only one extension per project will be granted If later development phases are cancelled or delayed beyond the approved schedule , the 10 deposit will be forfeited Priority for service will not be confirmed unless the deposit is paid Wastewater capacity allocations are subject to availability Johnston County Department of Utilities will endeavor to permit and construct wastewater transmission and treatment capacity expansions to meet demands Wastewater allocations expressly are for a defined project on a given parcel Allocations may be transferred with land ownership Allocations may not be transferred from one parcel to another or from one project to another without the expressed , formal approval of the Johnston County Board of Commissioners For residential development proposed outside MTDs , IHIDs , and ORSSAs , on - site treatment and disposal systems may be employed , provided all regulatory permits are obtained For projects with 100 or more units , upon request at the time of submittal of construction documents , the County will assume ownership and operation and maintenance responsibility for on - site wastewater disposal systems provided the facilities are constructed to County standards MTDs , IHIDs , and ORSSAs shall be as shown on the attached map and may be modified , changed , or amended by the Board of Commissioners D Contribution to Hurricane Katrina Relief Fund Approved Commissioner Tony Braswell moved the Board make 10,000 donation to the Hurricane Katrina relief fund Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote PagePage pageNumber6293 September 12 , 2005 Continued 5 Closed Session – NCGS 143 - 31811 a 3 - Attorney Client Privilege – Potential Litigation Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner DeVan Barbour and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS 143 - 31811 a 3 - Attorney Client Privilege – Potential Litigation No action was taken , and Commissioner Allen L Mims , Jr moved the Board adjourn closed session and resume regular session Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage