February 26, 2003 - 5:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 222 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS February 26 , 2003 The Johnston County Board of Commissioners met in special session on Wednesday , February 26 , 2003 , at 5 00 pm in the Emergency Operations Center , Johnston County Courthouse Law Enforcement Center , Smithfield , North Carolina The purpose of the called meeting was to discuss wastewater issues in the County The following members were present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman arrived at 7 00 pm , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall , and Jeffrey P Carver 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 asked Engineer Tim Broome to give an overview of the current situation and future plans for wastewater service in the County Following Mr Broome’s presentation , he asked Planning Director , Steven Finn , to discuss some of the issues concerning the County’s Residential Sewer Allocation Policy Following these presentations , he stated the meeting would be open for comments from those in attendance Johnston County Regional Wastewater Facilities Engineer Tim Broome indicated the existing wastewater service areas on a map and showed a aerial photo of the County’s 50 mgd Regional Wastewater Treatment Plant located in South Smithfield He pointed out there are several projects that are currently underway , or recently completed , that address the immediate needs in the County These projects , which consist of the recent expansion of the treatment plant to 50 mgd , phase 1 rehabilitation of County interceptors , upgrade rebuild of the Selma equalization & pumping facilities , and phase 1 of the reclaimed effluent land application facilities , have a total price tag of 13,700,000 and were funded by grants and low interest loans With the treatment plant expansion , the available reserve capacity is approximately 200,000 gpd Concerning future plans , Mr Broome showed maps outlining areas of growth and potential service areas He noted there are factors that could impact this in the future , but basically he anticipates sewer being extended along high growth corridors to concentrated areas near the Interstate Highway Overlay Districts IHOD’s and around the municipalities The County is committed to a number of additional projects at a cost of approximately 16,140,000 to meet the future wastewater needs through 2012 These projects include an additional expansion of the WWTP to 70 mgd , as well as parallel force mains , pump station upgrades , and improvements and expansions to existing outlying facilities Within the next ten years , it is anticipated there will be a need for approximately 10 mgd available capacity for residential and commercial use in the areas outside the municipal service areas , and an additional 800,000 gpd for industrial reserves , a figure that Economic Development Director , Mike deSherbinin , says is too low He noted it is up to the Board of Commissioners to decide what they want to do about the residential sewer service policy Residential Sewer Service Policy Planning Director Steven Finn provided a general summary of the existing residential sewer service policy pointing out its strengths , weaknesses , opportunities and threats He noted one of the major weaknesses in the policy is the failure to define what is meant by the term , “ exceptional value and benefit to the County ” He suggested there are a number of things that need to be considered when determining how this should be interpreted He noted the policy is important , but it does need defining Mr Finn listed a number of potential options that have been discussed by both staff and developers that would approach the situation from different perspectives Among other suggestions was the possibility of the applicant paying up front at the time of application He noted that defining target areas for residential sewer service would make it easier for the County to plan for future utility extensions and would possibly help preserve the more rural areas of the County by not promoting scattered density in an unplanned manner Page223 February 26 , 2003 Continued Audience Comments Robert Massengill with Southwind Surveying & Engineering stated he liked the idea of sewer being made available around dense population areas , and in his opinion , most applicants would be willing to pay at least a portion of the cost up front Referencing the recent request from Teddy Hines for rezoning and sewer service for a mixed use development , Mr Massengill noted his firm , who is working with Mr Hines , thought they had met the requirements of the policy The Board seemed to have the biggest problem with the density of the development and its impact on the community He suggested the policy might need to address density He asked for a better idea of what exceptional value means to the County Commissioner Thomas M Moore commented on the County’s policy that allows a developer to build an onsite package treatment system If it is built to specifications , the County will take it over and maintain it He asked if this was considered for the Hines ’ development Mr Massengill responded they have not looked at that option Surveyor Dennis Blackmon pointed out the move to build more upscale housing in the County He noted the cost of the land is forcing developers to look at sewer service in order to have more density He asked the Board to come up with a solution and clear policy so he and others in his profession will know what to tell developers He noted if areas where sewer will be allowed are not defined , there will continue to be sprawl In response to a question from Commissioner Allen L Mims , Jr about paying up front for sewer or providing other things that would help overcome the impact on the community , Mr Blackmon pointed out everyone couldn’t set aside land for schools and fire departments He noted the real question is , “ What is exceptional value ” When that is answered , everyone will know what is expected He noted he would have no problem with a first - come , first - serve policy that had a time frame for losing capacity that is not used Commissioner Wade M Stewart pointed out the County is having to make policy decisions for an area that should be an incorporated town , but isn’t The Board has to represent all the citizens , many of whom say there is no need for more growth in that area He noted the towns have capacity and little growth A way to build upscale development is to build around the ten municipalities and the IHOD areas where you can get sewer It is only when the County is asked to go a step further into outside areas that the problem arises , and we have to look at whether there is exceptional value to doing this or not Commissioner Thomas M Moore noted that home building is a large part of economic development The growth in homebuilding has led to where we are today He stated , in his opinion , it is important that the County maintain a certain amount of growth Planning Board member , Brad Schulz 946 Debro Road , Kenly , pointed out the policy says “ exceptional value and benefit ” He suggested the focus should be on the County’s needs , not the developers Let the Planning Staff and Planning Board work with Mr Broome to see where sewer might be helpful , where it would encourage commercial development , which drives up the tax base After the areas are determined by the County , then tell the developers where they need to be looking at new development Determine a payment schedule that will work for the County and the developers , then stick to the schedule Robert Mitchell of Angier stated , in his opinion , the key question is where the County wants roads Once that is determined , then the developer will follow the path and will build the road system as he builds his development Sewer will follow the same path He questioned why the County has no inter - connectivity policy on roads , which has ended up leaving a lot of landlocked property He also suggested determining exceptional value by placing a dollar figure on everything that is offered by the developer Linwood Jones , Southwind Surveying and Engineering , suggested the number of houses built in the County is controlled by the market and will be the same regardless of whether they are a part of a dense development or spread out The less land used , the better for everyone He stated if sewer is a limited resource , then it is the County’s responsibility to determine how it is allocated for industrial , commercial and residential use He suggested if given the opportunity , the development community will run the sewer lines and should get an allocation if they are willing to do this and pay the price He noted the County will not get commercial and industrial growth if housetops are not built The people are coming to Johnston County regardless and it is our obligation to best use our land as it is an important resource Page224 February 26 , 2003 Continued He noted his firm believed it had met the existing policy when they requested an allocation for the Teddy Hines PUD He stated the developer can not afford to pay him to do all the studies to prove exceptional value and benefit unless he has it approved The proof would be submitted at the time the site plan is sent to the Planning Department Jan Parker , 174 Bluegrass Court , Angier , suggested the responsibility should be the developers to provide written impact studies , not just verbal reports , to prove this would be good for the County She asked the Board to take care of the land , whatever decisions they make A discussion ensued about how the County is impacted financially and the possibility of having developers pay up - front Commissioner Jeffrey P Carver noted the County is borrowing at low interest , but it is still money that has to be paid back Engineer Tim Broome pointed out there is a concern that if growth slows significantly , the County’s debt service could be a concern Chairman Langdon noted the developer pays a lot of the cost , but not all of it , and that portion falls to the taxpayer Money up front would help the County , but might be hard for the developer He suggested a time frame for use might work Commissioner Stewart suggested that staff work on a revision to the policy based on the comments that have been made and bring it back to the Board for consideration He noted he would like to see the policy limit residential sewer allocation to municipalities and IHOD’s except when exceptional value and benefit can be established based on well - defined criteria Commissioner Cookie Pope agreed and noted she would not be able to approve anything unless the exceptional value is such that she could justify it to the other citizens in the County Chairman Langdon asked Mr Finn if he felt he could define exceptional value Mr Finn responded it would have to be a situation where the County doesn’t lose money , and something that provides community resources and benefit such as land donations for public purposes that the community needs and doesn’t already have The positive result has to be greater than and override any negative impact on the area He suggested the developer should bring a cost benefit analysis to the County Jim Jenkins , chairman of the Planning Board , stated he might not be able to define exceptional value , but feels he would recognize it if he saw it He noted when the Hines case came before the Planning Board , the members were waiting for something to be offered that would offset the fact that the development showed six driveway cuts into an already overburdened road , and pools and recreation facilities for residents only Nothing of that type of benefit was offered Commissioner W Ray Woodall stated his biggest concern was traffic He noted there are major problems with traffic in the area already , and he would not be able to support anything until the traffic concerns are met Dennis Blackmon suggested one solution might be to extend the Interstate Highway Overlay District out from 3,000 feet in diameter to maybe 5,000 ft and then say that residential sewer would only be given there and within the town’s municipal transition zone MTZ Following further discussion , the Board asked staff to bring something back to the Board for th consideration at the March 10 meeting It was suggested the term “ exceptional value and benefit ” should either be taken out of the policy or clearly defined There being no further comments , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote __________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage