September 13, 2004 - 6:30 PM - County Board of Commissioners Meeting Minutes (Special)

10 774 Meeting of the Johnston County Board of Commissioners September 13 , 2004 Special Meeting and Public Hearing The Johnston County Board of Commissioners met in special session Monday , September 13 , 2004 at 6 30 pm in the Commissioners ’ Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Della H Knight , Deputy Clerk , J Mark Payne , County Attorney and April N Byrd , Assistant to Clerk Public Hearing - Proposed Amendments to County Code of Ordinances , Chapter 4 - Animals Advertised 8 27 ; 9 03 04 in The Smithfield Herald The Chairman called the meeting to order and the following business was transacted Chairman James H Langdon , Jr stated that the purpose of the special meeting was to discuss proposed amendments to the County Code of Ordinances , Chapter 4 - Animals , regarding adequate shelter and the schedule of fees and charges He opened the floor to anyone who wished to speak on this matter Ulli Mattern , President of the Johnston County Animal Protection League JCAPL , thanked Roger Davis , County Animal Control Director , for his initiative to improve the County’s animal welfare laws She stated she hopes the League and the County can work together to provide basic needs for the animals in the area She stated , in her opinion , animal control officers need to be empowered to enforce the county ordinance , and noted she supports raising fees and charges as a means to this end Other members of the JCAPL who offered information about the many services provided by the Animal Protection League and voiced their support for the proposed ordinance amendments were Dena Westbrook , Vicki Vaughn , Beth Dickins and Terry Reed Jane Hawk , stated she is not a member of the JCAPL , but also supports the proposal to amend the ordinance Candace Owens agreed and noted the officers need stronger laws and the ability to enforce them She stated she and her small puppy were attacked by a pit bull a while ago and Animal Control was very limited in what they could do There being no further comments , the Chairman closed the public hearing Decision to Amend County Code of Ordinances Commissioner Allen L Mims noted he helped rewrite the animal ordinance a few years ago and feels it is a shame that now the County has to go back and define “ adequate shelter ” He voiced his appreciation for the job the animal control officers are doing and stressed the importance of enforcement of the ordinance Commissioner Mims moved the Board adopt the following amendments to the County Code , Chapter 4 - 14 and Appendix A , as recommended Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Amendment to Chapter 4 - 14 Cruel Treatment Section 4 - 14 current language to become paragraph a ADDED b For the purposes of this section , “ adequate shelter ” for dogs primarily housed outside a residence shall include a doghouse or other shelter adequate to provide protection from weather and a sanitary space ; doghouses , or similar shelter must be large enough to allow thePage775 Meeting of the Johnston County Board of Commissioners animal to stand up and turn 360 ° without touching the walls ; the confinement areas must provide adequate shade and access to fresh clean water ; chains must have a minimum of 10 feet to allow adequate movement for the animal Amendment to Appendix A , Schedule of Fees and Charges 4 - 7 2 Rabies vaccination and control Reclaim of animal 7500 was 200 per day after quarantine period , per day now a flat fee 4 - 13 - Stays the same 4 - 17 Redemption procedure for impounded animals Shelter fees Ordinary redemption by owner , first impoundment 2500 from 500 Ordinary redemption by owner , second impoundment 5000 from 1000 Ordinary redemption by owner , third and subsequent impoundment within a one year period 10000 from 2500 Redemption by owner for violation of section 4 - 9 or 4 - 13 5000 from 2500 Redemption by owner for violation of section 4 - 9 10000 from 5000 second offense and subsequent offense within a one - year period ADDED Redemption for violation of section 4 - 9 or 4 - 13 and subsequent offenses within a one 20000 year period 4 - 17 Boarding fee , per day 500 from 200 4 - 17 Redemption fee Stays Same There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote _________________________________ James H Langdon , Jr , Chairman _________________________________ Joyce H Ennis , Clerk to the Board __________________________________ April N Byrd , Assistant to ClerkPage776 Meeting of the Johnston County Board of Commissioners September 13 , 2004 The Johnston County Board of Commissioners met in regular session Monday , September 13 , 2004 at 7 00 pm in the Commissioners ’ Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Della H Knight , Deputy Clerk , J Mark Payne , County Attorney and April N Byrd , Assistant to 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 - August 27 , September 3 , 2004 Certified letters were mailed to adjoining property owners on September 2 , 2004 and notice posted at the locations on August 26 , 2004 The Chairman opened the Rezoning Public Hearing for Case 04 - 32 Case 04 - 32 Petition to rezone 1057 acres located on River Road SR 2336 in Micro Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Tax ID 10O07072C Petitioner Owner David E Pridgen Jeremy Smith , Planner , identified the property on the GIS map and noted this request is to rezone approximately 1057 acres from Agricultural - Residential AR to General Business Special Use District GB - SUD The zoning in the area is predominantly Agricultural - Residential He stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Public Hearing for Case 04 - 32 Decision on Rezoning Case 04 - 32 Case 04 - 32 Petition to rezone 1057 acres located on River Road SR 2336 in Micro Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Tax ID 10O07072C Petitioner Owner David E Pridgen Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the rezoning for case 04 - 32 of 1057 acres on River Road in Micro Township from Agricultural - Residential AR to General Business Special Use District GB - SUD for owner , David E Pridgen The Chairman opened the Special Use Public Hearing for Case 04 - 32 Case 04 - 32 - Application to allow for the operation of an automotive collision repair and towing business Owner Applicant David E Pridgen Those wishing to speak on special use case 04 - 32 were sworn in by the Clerk to the Board Planner Jeremy Smith noted this is a companion special use request to allow for the operation of an automotive collision repair and towing business He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 32 on June 14 , 2004 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval Page777 Meeting of the Johnston County Board of Commissioners • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Boards decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicants Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On July 20 , 2004 the Johnston County Planning Board held public hearings regarding the Special Use Permit for Case 04 - 32 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 for the Special Use Permit Application to allow for the operation of an automotive collision repair and towing business The Planning Board recommended the following the Finding of Facts and Special Conditions 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 ; 2 That the use of 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 ; 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 Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 The use as propose will provide a valuable service to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 All existing vegetation to remain 3 Installation of a Class B buffer along all zoning parcel property lines 4 All outside storage must be within an eight foot solid fence 5 Towing Service shall operate on a 24 hour on call basis , repair service shall operate Monday through Saturday 6 00am to 7 00pm 6 Signage may have a ground sign , maximum 4 feet in height , 40 sqft in size In response to a question from Commissioner Allen L Mims , Jr , Mr Smith affirmed that the applicant was familiar with the special conditions There being no further comments , the Chairman recessed the Special Use Public Hearing for Case 04 - 32 Decision on Special Use Case 04 - 32 Case 04 - 32 Application to allow for the operation of an automotive collision repair and towing business Owner Applicant David E Pridgen Motion Based on the following findings of fact and attached conditions , Commissioner Thomas M Moore moved the Board authorize the Planning Department to issue a special use permit to allow for the operation of an automotive collision repair and towing business for owner applicant , David E Pridgen Commissioner Ray Woodall 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 ; 2 That the use of 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 ;PagePage pageNumber5778 Meeting of the Johnston County Board of Commissioners 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 Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 The use as propose will provide a valuable service to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 All existing vegetation to remain 3 Installation of a Class B buffer along all zoning parcel property lines 4 All outside storage must be within an eight foot solid fence 5 Towing Service shall operate on a 24 hour on call basis , repair service shall operate Monday through Saturday 6 00am to 7 00pm 6 Signage may have a ground sign , maximum 4 feet in height , 40 sqft in size The Chairman re - opened the Rezoning Public Hearing for Case 04 - 35 Case 04 - 35 Petition to rezone approximately 253 acres located at 11048 Cleveland Road SR 1010 , in Cleveland Township from Agricultural - Residential AR to General Business GB Tax ID 06E02028D Owner Bobby Ray Creech Applicant Son - Lan Development c o Lanny Clifton Planning Director Steven Finn identified the property on the GIS map and noted this is a request to rezone approximately 253 acres located at 11048 Cleveland Road in the Cleveland township from Agricultural - Residential AR to General Business GB He noted that the subject property is undeveloped , and that several commercial properties including those across the street have been rezoned to General Business during the past 2 - 3 years In response to a comment from Commissioner Allen L Mims , Jr , Mr Finn stated the planning staff will look at the Department of Transportation’s plans for roads in the area when a site plan is brought in for this property He added that the Planning Board recommended approval of the rezoning There being no further comments , the Chairman closed the Rezoning Public Hearing for Case 04 - 35 Decision on Rezoning Case 04 - 35 Case 04 - 35 Petition to rezone approximately 253 acres located at 11048 Cleveland Road SR 1010 , in Cleveland Township from Agricultural - Residential AR to General Business GB Tax ID 06E02028D Owner Bobby Ray Creech Applicant Son - Lan Development c o Lanny Clifton Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the rezoning for case 04 - 35 of approximately 253 acres located at 11048 Cleveland Road in the Cleveland township from Agricultural - Residential AR to General Business GB for owner , Bobby Ray Creech and applicant , Son - Lan Development c o Lanny Clifton Board Reports and Comments 3 Resolution Renaming Section of Interstate 95 for Senator Robert Davis Warren Chairman Langdon submitted to the Board a copy of a resolution requesting that the portion of Interstate 95 in Johnston County , two and one half miles on either side of the intersection with I - 40 , be named for Robert Davis “ Bob ” Warren , who was a leader in education in our community and who , while serving in the NC Senate , was instrumental in getting a number of travel safety laws enacted , including the Seat Belt law Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board adopted the following resolution PagePage pageNumber6779 Meeting of the Johnston County Board of Commissioners RESOLUTION IN SUPPORT OF NAMING PORTION OF I - 95 FOR SENATOR BOB WARREN WHEREAS , Robert Davis Warren , who is a native of Sampson County ; attended and graduated from its public schools , and graduated from North Carolina State University with a Bachelor of Science Degree in Agriculture Education and a Masters Degree in Education ; married Ann Gray Sparks of Bath , North Carolina ; fathered two sons , Robert Davis Warren , Jr and Gary Burrell Warren , and ; WHEREAS , Robert Davis Warren , while living in Johnston County for the past fifty - two years , has served the public school system of Johnston County as a teacher of Vocational Agriculture ; County Director of Vocational Education ; Elementary School Principal and High School Principal ; and has been actively involved in the civic , social , and spiritual life of the Johnston County Community , and ; WHEREAS , In 1966 and 1967 , during the beginning stages of the North Carolina Community College System , Robert Davis Warren , while serving as The Johnston County Vocational Education Director , provided the foresight and necessary leadership in developing , presenting and accomplishing the approval of the required application to the North Carolina Department of Public Instruction which ultimately established the Johnston County Technical Institute , now operating as the Johnston Community College , and ; WHEREAS , Robert Davis Warren unselfishly served the citizens of Johnston County and North Carolina for three years as State Director of the North Carolina Drivers Licensing Division of the North Carolina Department of Motor Vehicles , and ; WHEREAS , Robert Davis Warren served in the best interest of the people of Johnston and Sampson Counties as an elected member of the North Carolina State Senate for eight years , as well as an additional four years as a senior advisor to the President Pro Tempore of the North Carolina State Senate , and ; WHEREAS , While serving in the above capacities , Senator Warren served as Chairman of the Transportation Committee , Co - Chairman of the General Assembly Transportation Oversight Committee , as well as numerous Transportation Study Commissions , where he effectively engaged himself in pursuit of pertinent issues which have a perpetual positive impact on the future of transportation in North Carolina As a North Carolina Senator , he introduced and caused to enact various Bills relating to transportation , including Senate Bill 39 , otherwise known as the “ SEATBELT BILL , ” which , according to documented and credible statistics , has saved the lives of thousands of citizens in North Carolina , and has prevented millions of additional injuries , as well as saving many millions of dollars in statewide healthcare cost since its enactment NOW , THEREFORE , the Johnston County Board of Commissioners does hereby request that the NC Department of Transportation consider naming the portion of US Interstate 95 in Johnston County , North Carolina , beginning two and one - half 25 miles north of the intersection of US Interstate 40 and extending south to a point two and one - half 25 miles south of said line on US Interstate 95 for a total of five 50 miles as the Robert Davis “ Bob ” Warren section of US Interstate 95 th Adopted this the 13 day of September , 2004 Board Reports and Comments 4 Event at Johnston County Airport Commissioner Jeffrey P Carver commended Airport Manager , Ray Blackmon , and the Airport Authority for the open - house event they held at the Airport on Saturday , September 11 , 2004 Chairman Langdon noted that events such as this expose not only Johnston County citizens but residents from other counties to the airport Commissioner Cookie Pope suggested a letter be written from the County commending everyone involved for a job well done 5 Request for New Positions - Utility Development Manager and Building Inspector County Manager , Rick Hester , asked the Board to reconsider two new positions that were not included in the current FY budget The Public Utilities Department is asking for a utility development manager to replace a contract position in the water district division The Human Resources Department has indicated this should be a permanent position funded by the Enterprise Fund rather than a contract position , based on the nature of the assigned workload Essentially , there would be little difference in the amount of money involved The Planning and Inspections Department is requesting an additional building inspector In response to questions from the Board concerning justification for the new inspector position Steven Finn explained the inspections division of his department has made great progress in reducing the turn - aroundPagePage pageNumber7780 Meeting of the Johnston County Board of Commissioners time for inspections and map reviews , while at the same time fulfilling a commitment to excellence Maintaining this standard of public service , however , requires a full staff When inspectors are out on vacation or for illness , it puts a strain on those who try to carry the workload This can create a morale problem for the employees , but more important , this type of situation could possibly result in a liability issue for the County He referenced a set of plans that he had brought for demonstration , and pointed out that the building code requires inspectors to check on every detail , including the size of nails and hinges used This is extremely time consuming , and requires intense concentration , which is difficult when staff is overworked In response to a comment from Commissioner Allen L Mims , Jr about training time , Mr Finn stated he believes he could hire a trained , certified inspector who could begin work within a few weeks Commissioner Wade M Stewart asked if the County is still doing inspections for Smithfield Mr Finn responded that Smithfield and several other towns contract with the County for inspections and , in his opinion , the County might want to consider renegotiating the contracts Commissioner Stewart pointed out a couple of issues concerning the Inspections Department as a whole He stated he has heard both compliments and complaints about the way inspections are being done He suggested Mr Finn make sure his inspectors follow the requirements , but still use good common sense in making decisions He also voiced frustration with the fact that the State requires the County to do fire inspections for commercial businesses He noted , in his opinion , this makes no sense because these same businesses have fire insurance companies that do inspections County Manager , Rick Hester stated he and Mr Finn have been looking at fire inspection fees , and plan to bring a recommendation to the Board for lowering these in the near future Following further discussion , Commissioner Wade M Stewart moved the Board approve the two new positions , one for the Public Utilities Department , and one additional building inspector , with the understanding the County Manager will provide the Board with the cost figures on both positions Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote There being no further business , Commissioner Thomas M Moore moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote _________________________________ James H Langdon , Jr , Chairman _________________________________ Joyce H Ennis , Clerk to the Board __________________________________ April N Byrd , Assistant to ClerkPage