April 14, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 275 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS April 14 , 2003 The Johnston County Board of Commissioners met in regular session Monday , April 14 , 2003 , at 7 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members 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 , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments - No one spoke at this time 1 Public Hearing - Special Use Permit Request - A Quasi - Judicial Hearing Advertised - In the Smithfield Herald - April 4 , 2003 and April 11 , 2003 Certified letters were mailed to adjoining property owners on April 3 , 2003 and notices posted at the locations on April 2 , 2003 Case 03 - 7 Petition seeking a Special Use Permit for a Sand Mining Operation on approximately 1074 acres located on Devil’s Racetrack Road SR 1009 , in Bentonville Township Owner Johnston Community College Applicant Herman Kight Jamie Sasser The Chairman announced that at the request of the owner , Johnston Community College , the hearing on this case has been postponed until the May meeting 2 Public Hearing - Amendment to County Code of Ordinances - Section 14 - 6 Advertised in The Smithfield Herald on March 28 , and April 4 , 2003 The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed amendment to the County Code - Article 14 , Section 14 - 6 - Definition of Junkyard Planning Director , Steven Finn , spoke of the increasing number of complaints about people having old cars and other junk piled on their property The current definition of “ junkyard ” addresses the standard for a commercial junkyard facility Based on that definition , little can be done to answer the majority of the complaints The Planning Board is recommending the Land Use Ordinance be amended to clarify the term junkyard as it relates to residential properties or individual lots that are not considered a junkyard facility On these properties , a junkyard would mean two or more unlicensed , non - operational vehicles or 200 sq ft of stored junk , including scrap metals materials or dismantled or abandoned vehicles or machinery Board members discussed the possible concerns that might arise such as farm equipment Mr Finn and Attorney Mark Payne explained that any farm equipment would not be included In response to a comment from the County Manager about existing situations , it was noted there would have to be a transition period during which those out of compliance would be given a warning and allowed time to remove the items Commissioner Thomas M Moore agreed that on farm equipment the County would have no control , but he suggested that even farmers should be sensitive to the overall appearance of the County Commissioner Allen L Mims , Jr pointed out the original language concerning the definition for a commercial junkyard is not being changed There being no further comments , the Chairman closed the public hearing Amendment to the County Code of Ordinances - Section 14 - 6 Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved the following amendment to the County Code of Ordinances -Page276 April 14 , 2003 Continued Section 14 - 6 concerning the definition of a Junkyard , as recommended by the Planning Board Chapter 14 Land Development Code , Article I , Section 14 - 6 Definitions , Junkyard added language in bold italics Section 14 - 6 Definitions Junkyard means a facility that stores more than six motor vehicles not having a current license plate that are non - operational and or not economically salvageable , or uses more than 600 square feet of any lot for the storage of junk , including scrap metals , or other scrap materials , or for the dismantling or abandonment of automobiles or other vehicles or machinery On residential properties or on individual lots not considered a junkyard facility , junkyard means two or more vehicles not having a current license plate that are non - operational and or not economically salvageable , or contains more than 200 square feet on the premises for the storage of junk , including scrap metals , or other scrap materials , or for the dismantling or abandonment of automobiles or other vehicles or machinery For purposes of enforcement , this standard does not apply to antique cars as defined by NC General Statute 20 - 13714 3 Call for Public Hearing - Amendment to County Code - Section 1475 b 7 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore th and carried by unanimous vote , the Board scheduled a public hearing for May 12 on a proposed amendment to County Code of Ordinances - Section 1475 b 7 concerning mobile homes being used as storage units 4 Call for Public Hearing - Amendment to County Code - Section 14 - 226 5 and 6 Mr Finn also asked the Board to call for a public hearing on a proposed amendment to the Development Code that would require a traffic impact analysis TIA for certain residential and non - residential subdivision development , and second entrances for large subdivisions The new regulations would apply to any new construction or new phases of existing subdivisions Following discussion , Commissioner Allen L Mims , Jr , moved the Board schedule a public hearing for th May 12 on a proposed amendment to the County Code of Ordinances - Chapter 14 , Section 14 - 226 5 and 6 concerning the requirement of a traffic impact analysis on residential and non - residential developments producing a certain amount of traffic and second entrances for subdivisions Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Board Reports and Comments 5 Resolution Authorizing County Manager To Sign Documents - New Hazard Mitigation Grant Application Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adopted the following resolution designating County Manager , Rick Hester , to act as an agent on the County’s applications for State and Federal Emergency Management Agency FEMA funds RESOLUTION BE IT RESOLVED BY the Board of Commissioners of Johnston County that Rick J Hester , County Manager is hereby authorized to execute for and in behalf of Johnston County , a public entity established under the laws of the State of North Carolina , this application and to file it in the appropriate State office for the rd purpose of obtaining certain Federal financial assistance under the Disaster Relief Act Public Law 288 , 93 Congress or otherwise available from the President Disaster Relief Fund THAT Johnston County , a public entity established under the laws of the State of North Carolina , hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency FEMA for all matters pertaining to such Federal disaster assistance the assurance and agreements printed on the reverse side hereof th Adopted this the 14 of April , 2003 Page277 April 14 , 2003 Continued 6 Easements - Wastewater Treatment Plant Expansion Project Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board authorized Mark Payne , County Attorney , to exercise the County’s right of eminent domain , if necessary , in order to obtain necessary easement for the 2003 Wastewater Improvement project 7 Resignation of County Coroner - Norman Dunn Due to the resignation , effective April 30 , 2003 , of Norman Dunn as County Coroner , the Board discussed whether this elected position should be continued or abolished , as many counties have done It was noted that it would take a local bill by the General Assembly to abolish the elected office Commissioner Thomas M Moore moved the Board request legislators to consider a local bill to abolish the elected office of Coroner for Johnston County , and appoint the medical examiner to perform this service until a decision is made Discussion In discussion it was noted that Mr Dunn was elected to this office as a Democrat The Commissioners agreed that before any action is taken , the Democratic Party needs to be contacted for their input on this matter County Attorney , Mark Payne , explained that until some decision is made , the medical examiner will automatically assume the duties of the office Based on the discussion , Commissioner Moore withdrew his motion 8 County Manager Authorized to Sign Agreement with City of Raleigh on Water Lines to St James Subdivision County Manager , Rick Hester , explained that Raleigh is extending water lines into Johnston County to the St James Subdivision to compensate for the contamination of the community well system from sludge application by the City’s wastewater treatment plant He requested the Board authorize him to sign an agreement with Raleigh concerning the possible future purchase of the lines should Johnston County ever have public water in this area The agreement would be essentially the same as agreements we have made with other outside entities when they extended water service into Johnston County Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized Rick Hester , County Manager , to sign an agreement with the City of Raleigh concerning the possible future purchase of water lines they are extending into Johnston County for St James Subdivision 9 County Planner Recognized The Board recognized County Planner , Steven Finn , for the national planning award he received recently 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 BoardPage