June 10, 2002 - 6:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 886 June 10 , 2002 Special Budget Work Session - 6 00 pm The Johnston County Board of Commissioners met in special session , Monday , June 10 , 2002 at 6 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall and Fred Smith Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , John R Massey , Finance Officer , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Budget Discussion A Johnston - Lee - Harnett Community Action Marie Watson , executive director of Johnston - Lee - Harnett Community Action , gave a brief history of her agency and outlined the services they provide She noted the three - county agency receives the majority of its funding from the federal government , but does depend on state and local monies to help provide the needed services for the many people in the County who fall below the poverty level Community Action provides emergency help such as food , utility payments , rent mortgage payments , gas for stranded motorist , etc Among other services , they provide home management training opportunities , have a home weatherization program and operate head start for preschool children In response to comments from the Board , Ms Watson explained that Lee County provides 8,500 , as well as facilities and utilities , for the Head Start program Harnett County , which only joined the agency two years ago , furnishes facilities and pays for utilities in their area She voiced concern that state funds will be cut this year , and asked the Board to consider putting at least some funding for her agency back in the budget B HARBOR Keri Christensen , director of HARBOR , outlined the services her agency provides for victims of abuse in the County She noted HARBOR works in conjunction with the County’s human services agencies They provide a 24 - hour shelter for abused women and children and help them rebuild their lives The average length of stay for a victim is between 30 and 45 days In response to questions from the Board , Ms Christensen explained most counties have a similar program , and Johnston County HARBOR serves mostly Johnston County residents In addition to local funding , HARBOR receives money from the state and federal governments , however , she expects budget cuts especially at the municipal and state level She asked the Board to please reconsider and put HARBOR back in the County’s budget Several women , who were victims of abuse , spoke of the valuable service HARBOR has provided for their lives At the request of the Chairman , a total of 15 people stood in support of continued funding for HARBOR C Council on Aging Donna Creech , executive director of Council on Aging , thanked the Manager for recommending funding for her agency She noted , however , the recommendation is for the same amount they received last year , and with other cuts from the state and federal governments , as well as local municipalities , her agency is in jeopardy of having to cut some services It is projected that the home and community block grant program will be cut , which could impact her agency considerably The hospital has increased the cost of meals , and insurance premiums have increased She pointed out the non - profit agencies essentially provide services that government no longer wishes to do If they do not get additional funding , Ms Creech noted she would have to cut back on meals , transportation and put off the search for a new building In addition , the agency may have to reduce hours or cut senior centers Page887 D Forest Service County Ranger , Charles Massey , addressed the Board about his budget for the upcoming year and introduced his supervisor , District Forester , Michael Goode Mr Massey pointed out the NC Forest Service provides important services in Johnston County including , not only fire protection , but also forest management , reforestation , and insect and disease control He noted the County Manager is proposing a substantial cut in County funding for 2002 - 03 , which will be devastating to his program when combined with the anticipated corresponding reduction in State funds He voiced serious concern that he will not be able to provide the same level of fire protection He stressed the County has been very fortunate in the past , however , the potential exists for a very bad fire In discussion it was noted the County’s money is matched by the State , and for every 1 dollar cut at the County level , the State will cut 150 The County is required to match at least 25 , but has in the past funded at 40 The Manager has recommended the match be cut to the mandated 25 for the new fiscal year Mr Goode agreed the General Statute does have a minimum of 25 ; however , he maintained there has been an agreement between the counties and the State that funding would be based on county tax base He agreed to send a copy of the agreement to the County Manager The Chairman announced it was time for the regular scheduled meeting He recessed the special session at this time June 10 , 2002 Regular Land Use and Zoning Meeting - 7 00 pm The Johnston County Board of Commissioners met in regular session , Monday , June 10 , 2002 at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall , and Fred Smith Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , John R Massey , Finance Officer , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Citizen’s Concerns - Magnolia Place Mobile Home Park Glenda Johnson who lives on Pearidge Road just inside Harnett County , voiced concerns that Magnolia Place Mobile Home Park , which is located adjacent to her in Johnston County , has not followed the specifications that were in place when the property was rezoned She noted that among other things , the property owner has never followed the requirements for parking spaces and landscaping In response to a question from Commissioner Thomas M Moore , she stated the park has been in operation for more than a year and currently has approximately 15 mobile homes of various styles , sizes and ages She explained she has called the Planning Department several times ; however , these issues have not been resolved She asked the Board for assistance , and noted she is concerned about the appearance of the park now and especially in the future as it appears the owner is planning to expand the park Following further discussion , Chairman Langdon stated he would personally look at the mobile home park and get back to her as soon as possible The Chairman thanked Ms Johnson for coming and stated that the Board will have a response for her at their next meeting 2 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - In the Smithfield Herald - May 24 and May 31 , 2002 Certified letters were mailed to adjoining property owners on May 30 , 2002 and notices posted at the locations on May 30 , 2002 Page888 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 589 Petition to rezone approximately 113 acres located on Smith Road SR 1507 in Elevation Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Sammy N Weeks and Georgia A Weeks Steven Finn , Planning Director , introduced the case and noted the property is located on Smith Road , north of Highway 210 Zoning in the area is predominately Agricultural Residential Sammy Weeks , owner and applicant , had temporarily left the meeting There was discussion about the wisdom of hearing the case in his absence Commissioner Fred Smith pointed out the special use hearing is a quasi - judicial hearing at which it is the responsibility of the applicants to present evidence to support the findings for cases Commissioner Allen L Mims , Jr agreed and noted even if the applicant does not speak during the hearing , it is important for he she to be present in case the Board has questions Near the end of the discussion , Mr Weeks returned to the meeting He requested the Board approve the rezoning and noted he wishes to open a takeout restaurant for his son to operate He currently has a restaurant in Princeton , which he will continue to operate Mr Finn stated the Planning Board recommended approval of the rezoning The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 589 Case 589 Petition to rezone approximately 113 acres located on Smith Road SR 1507 in Elevation Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Sammy N Weeks and Georgia A Weeks Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 589 for owners and applicants , Sammy N Weeks and Georgia A Weeks of approximately 113 acres located on Smith Road SR 1507 in Elevation Township from Agricultural Residential to General Business - Special Use District The Chairman Opened the Special Use Permit Hearing - Case 589 Those wishing to speak on Case 589 were sworn in by the Clerk to the Board Case 589 Special use permit application for a take - out restaurant , delivery of food , catering on approximately 113 acres on Smith Road SR 1507 in Elevation Township Owners and Applicants Sammy N Weeks and Georgia A Weeks Steven Finn , Planning Director offered into evidence the following information on Rezoning Case # 589 A pre - application hearing was held with the applicant on March 22 , 2002 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 Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board Applicant will be notified in writing of the Board’s 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 Page889 On April 16 , 2002 the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to General Business - Special Use District , and recommended a special use permit based on the following findings of facts and conditions Findings of fact 1 The use proposed would provide a needed service to the immediate area 2 The special use permit process allows reasonable conditions in order to assure compatibility with the Johnston County Development Ordinance , Design Manual and with nearby residents and the area as a whole Special Conditions Recommended by the Planning Board 1 Hours of operations will be 9 00 am - 9 00 pm , Monday - Saturday and 1 00 pm - 6 00 pm on Sunday 2 Site plan must meet Johnston County Development Ordinance regulations Mr Weeks stated he plans to build a 240 sq ft restaurant for cooking , cooling , freezing and storage There will be no serving on site , and all the cooking will be inside the building Some food may be prepared at this location for his restaurant in Princeton The Chairman Closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 589 Case 589 Special use permit application for a take - out restaurant , delivery of food , catering on approximately 113 acres on Smith Road SR 1507 in Elevation Township Owners and Applicants Sammy N Weeks and Georgia A Weeks Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners and applicants , Sammy N Weeks and Georgia A Weeks for a take - out restaurant , delivery of food , catering on approximately 113 acres on Smith Road SR 1507 in Elevation Township based on the following findings of facts and subject to following conditions Findings of fact 1 The use proposed would provide a needed service to the immediate area 2 The special use permit process allows reasonable conditions in order to assure compatibility with the Johnston County Development Ordinance , Design Manual and with nearby residents and the area as a whole Special Conditions Recommended by the Planning Board 1 Hours of operations will be 9 00 am - 9 00 pm , Monday - Saturday and 1 00 pm - 6 00 pm on Sunday 2 Site plan must meet Johnston County Development Ordinance regulations 3 Budget Amendments Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved the following budget amendments Detention Center FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 52007400 Capital Outlay 15,63700 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 520036109 Coin O perated Phones 15,63700 Public Utilities Landfill FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE Total Expenditures - 0 - FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 66 771033990 Fund Balance Appropriated 4,000,00000 66 771037915 Bank Loan 4,000,00000 PagePage pageNumber5890 Education & Nondeparmental FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 63009058 Civil Penalty Paid to Schools 3,50000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460035129 Civil Penalty 3,50000 Education - ADM FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 16 63071011 Four Oaks Elementary 57,12100 16 63071014 Clayton High School 12,68600 16 63071015 Smithfield - Selma 309,36100 16 63071020 Cleveland Elementary 144,44200 16 63071022 Cleveland Middle 7,86600 16 63071030 Smithfield Middle 120,25000 16 63071039 East Clayton Elementary 8,10000 TOTAL NET EXPENDITURES - 0 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE TOT AL NET REVENUE - 0 - State School Bonds FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 16 63041011 Four Oaks Elementary 21,17900 16 63041012 Princeton School 26100 16 63041017 North Johnston High 160,85800 16 63041018 Cooper Elementary 3,04900 16 63041024 Benson Elementary 29,32900 16 63041032 West Clayton Elementary 165,69800 TOTAL NET EXPENDITURES - 0 - FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE TOT AL NET REVENUE - 0 - 4 Resolution Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board adopted the following resolution RESOLUTION Whereas , the Constitution of the State of North Carolina requires that the General Assembly shall provide for a system of free public schools wherein equal opportunities will be provided to all students , and Whereas , the General Assembly directed the State Board of Education to develop a standard course of study for the public schools in the 1980 s and Whereas , the General Assembly has not provided sufficient appropriations to fully fund the standard course of study , and Whereas , a recent Superior Court ruling in the case of Leandro vs The State of North Carolina found that the State had an undelegatable responsibility to provide funds for a sound basic education for all children , Now , Therefore , Be It Resolved , that the Johnston County Board of Commissioners does urge the General Assembly to develop a plan to carry out the directives of the court ruling with regard to adequate funding for all components of a sound basic education in all North Carolina school districts , and Further request the Johnston County Board of Education join us in the adoption of this resolution th Adopted by the Johnston County Board of Commissioners on this 10 day of June , 2002 PagePage pageNumber6891 5 Appointment to Johnston Community College Board of Trustees Board members agreed to appoint a Commissioner to fill the vacant position on the Johnston Community College Board of Trustees Commissioner Wade M Stewart nominated Commissioner Cookie Pope for this position Commissioner Thomas M Moore seconded the nomination There being no further nominations , Commissioner Cookie Pope was appointed to the Johnston Community College Board of Trustees for a four year term to expire July 2006 There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote , and special session was resumed SPECIAL SESSION RESUMED - 7 55 PM The Board resumed special session which was recessed earlier in the evening Budget Discussions Continued E Johnston County Industries Vickie Shore , director of Johnston County Industries , noted the County Manager’s recommendation for her program for FY 2002 - 03 is the same as the current year’s funding She thanked the County for their support and asked that this amount not be cut Board members thanked Ms Shore for the tremendous service Johnston County Industries provides for persons with disabilities F Tobacco Farm Life Museum Chris Coats with the Tobacco Farm Life Museum thanked the Board for the support Johnston County has given over the years He noted the Museum’s directors and staff understand the serious budgetary concerns that face the County , but requested the Board consider reinstating at least some funding for their operation He pointed out the Museum provides an important tourist attraction for the County , which results in a boost for the local economy In response to questions from Board members , Mr Coats noted funding for the Museum is still in the Wilson County budget , and they do receive grant funds from the Tourism Authority In addition , the Museum receives some funding from the private sector and conducts three major fund raisers each year Approximately one - third of their funding is from these efforts , another one - third from the private sector , and one - third from governments and grants They receive no funding from the state G County Inspections Department C P Thompson , chief building inspector , asked the Board to fund his department as requested , or at least in the same amount as last year’s budget He noted Johnston County Inspections works through a State mandate , and in his opinion , the department can not operate efficiently with the funds recommended by the manager In response to a comment about building permits decreasing , Mr Thompson stated the month of April 2002 was a record month In discussion it was noted the manager is recommending an increase in building permit fees , which if passed would provide additional funds for that department Commissioner Fred Smith suggested that growth has to pay for itself , and he believes the building industry is willing to pay its fair share A discussion ensued between Commissioner Smith and Commissioner Thomas M Moore about the value and fairness of user fees Commissioner Smith noted the overall economy and the financial problems at the State level have placed the County in a bad position Right now the County has the money to balance the budget ; however , if we continue to use our reserves year after year , we will lose our good bond rating , and will end up in bad financial shape like many governments around us He stressed it is the Board’s responsibility to be good stewards of the taxpayers money PagePage pageNumber7892 Commissioner Moore questioned whether the building industry will be as willing as Commissioner Smith believes to pay higher permit fees He stated , in his opinion , user fees simply put the burden of balancing the budget on a few people He reminded Board members that they had a similar discussion last year when an increase in landfill tipping fees was proposed , and some felt this was unfair and called it a tax increase Commissioner Wade M Stewart suggested this issue be further discussed at the next meeting on th June 24 Mr Thompson again asked the Board to approve his budget request for his department , or at no less than the approved figure for the current year The Board agreed to meet for a second special budget work session on June 24 , 2002 The County Manager noted that four County Agencies , Planning , Inspections , Environmental Health , and Public Utilities , will be moving to the new Land Use Center within the next few weeks A short opening ceremony is scheduled for June 28 , 2002 at 10 00 am 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 , ClerkPage