December 14 2021 Proposed Agenda

Home Browse Search

Planning and Zoning Commission Minutes November 9, 2021 Legal Update Mr. David Goldberg, Deputy County Attorney, addressed the Board giving an update on the McClain RV case on Joyner Road. He said the Court heard a motion for Default Judgment in August. We have been waiting for the Order to get signed. The Order has now been signed. The Judge has given Mr. McClain 15 days to abate the issue, or it may be abated for him. He also issued a monetary judgment of $3500, plus court costs for the civil penalties that have been assessed so far. The order was served to Mr. McClain, the owner of the RV. We will start talking about what we need to do to carry out that judgement and to follow through to get that property in compliance with the Zoning Ordinance. Mr. Richard Koch, County Attorney, gave an update on the Shelly case. His third appeal to the Court of Appeals was denied within the past two weeks. There was an actual conference call with the Judge today, to setup the Expert to actually look at the wall that is at issue and to do the measurements on it that we have not be allowed to do up to this point in the case. He said that is what the last appeal was on; was trying to keep us from doing that and it was denied. The Judge basically set it up so that we have to give Mr. Shelly some dates, and he has to pick one. Then our Inspector, that we have lined up, is going to go out there and do the measurements and we will see where we go from there. Then after that, hopefully, we are going to get out of the case on a Summary Judgement, part of it will depend on the results of the wall inspection. He said we are making progress; very slow. Every time there is an issue we have prevailed. But he keeps bringing up more, and new issues. We will see where it goes. Directors Report Ms. Susie Morris said we have a new Planner that will be starting. She will be attending the next meeting so that she can get up to speed on what is happening and what is going on. We finally heard back from the State about the floodplain issue, and our review that is being held hostage because of the Model ordinance that North Carolina put out. Our legal Counsel kind of went toe to toe with them, because the language that they are putting into the Model Ordinance really does not follow the CFR. We will see where that lands. We are trying to move that forward hopefully for January or February so that we can get our Certificate. We have been told that we will receive a new rating of a seven, from the eight that we currently have. It is all contingent on this language however, and the current reviewer. We have been in a holding pattern with that, while the State, FEMA, and ISO were trying to figure out what they were going to do with that language. It is not just us; it is all the CRS communities across North Carolina. Hopefully, it will be presented to the Board soon so that we can move that along and get our certificate and start gearing up for our next FEMA review. 15