February 5, 2018 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 107 Meeting of the Johnston County Board of Commissioners February 5 , 2018 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 5 , 2018 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , and Lee Jackson Absent Commissioner Larry Wood Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Cleveland Community Representatives – Proposed Parks and Recreation District Mr Denton Lee from the Cleveland Community updated the Board regarding a proposed parks and recreation district for the Cleveland area of Johnston County Mr Lee stated this is the third time he has addressed the Board concerning the possibility of a Cleveland Parks and Recreation District Mr Lee provided the Board with a recap of events leading up to the meeting stating they first discussed the potential opportunity for the Cleveland community to form a parks and recreation district in September of 2017 He stated the proposal was an idea that would allow the community to begin self - taxing and self - governing for the purposes of buying , building , and maintaining parks within the community Mr Lee reported after that first meeting , the Commissioners asked his group to work with the County Manager and the County Attorney to study the idea , which they have done Mr Lee continued that in November , County Attorney Jennifer Slusser reported to the Commissioners that the idea of forming a district was feasible ; however , because North Carolina does not have an exact model for authority and governance , it would be preferable to ask the General Assembly to consider the formation of a district via a local bill Mr Lee stated after the November meeting , the Commissioners then asked his group to go back and assess the level of support for this idea within the community , which they have also done Mr Lee reported the group went to work developing materials and working on potential park maps and other things that could paint the picture for what they were proposing Mr Lee submitted copies of brochures that were mailed out to the community He stated along with the brochure , an introduction letter was mailed out inviting citizens th th to two community meetings held on January 20 and January 29 In addition to the mailings , they reached out via social media , radio , and a phone call within the proposed district area to make sure every citizen had the opportunity to understand the proposal Mr Lee stated at the community meetings , they had volunteers on hand to speak with citizens and encourage feedback Mr Lee reported the group also encouraged citizens to provide feedback online through the Cleveland Chamber of Commerce’s website by completing a survey to share their opinion about forming a district and paying an additional tax to support said district He stated the group has been totally transparent about the additional tax needed to support the district Mr Lee informed the Board that hundreds of people have responded and the overwhelming theme has been positive He stated as it was to be expected , there were some who opposed the idea of being taxed to support the district , but again the majority of citizens were in favor and some felt the additional tax would be immaterial when compared to the benefits Mr Lee stated the online survey had 283 responses with 88 of those voting for the idea and of the 240 paper ballots completed , there were 180 voting for the district He stated there were a few people undecided , but in those cases most just wanted more information to better understand how the district would work Mr Lee stated the results have been very encouraging for the group and he believes the community has clearly spoken that they support the idea of having a referendum He asked the Board of Commissioners to allow the community to have an opportunity to vote on the proposal of self - taxing for the purposes of the new district Mr Lee stated he believes the next step in the process is to ask the local legislators to do whatever is necessary at the General Assembly to draft legislation that will establish how the governance of the district would work andPage108 February 5 , 2018 – 6 00 pm Continued authorize the Board to put the question on the ballot for the citizens to decide He stated once the legislation is in place , the group would come back to the Board of Commissioners and request the Board to formally put the issue on the ballot for the November 2018 general election Mr Lee thanked the Commissioners for their consideration and offered to answer any questions Chairman Jeffrey P Carver thanked Mr Lee and his group for all the time and energy they have put into the project Mr Lee shared with the Board an example of the type of open space and recreational facilities that could be possible if the district is created Mr Lee stated the community was very excited about the drawing , and the group had to make it clear that while the plan would not happen right away , they had to start somewhere Commissioner Ted G Godwin asked if the group had explored the possibility of grant programs that could help speed the process along of actually building a park Mr Lee responded that citizens have also asked if grant funds could be used to pay for parks and recreation facilities ; however , they have learned that the majority of those grants require matching funds He stated the North Carolina Recreation Trust Fund will award up to 500,000 for a project , but the local community has to put up an equal amount Mr Lee reported the Towns of Clayton and Smithfield have both utilized grants , but they have had to match those dollars He stated they do believe if the district is formed and self - taxed , they could use grants to hopefully double their money Commissioner Cookie Pope asked if the district is formed , how would it affect the Greater Cleveland Athletic Association or Pop Warner stating they have been instrumental in making things happen for the youth for many years and she wants to make sure they are taken care of Michael Knott , President of the Greater Cleveland Athletic Association , responded they do not see any changes to their programs except for them being able to expand Mr Knott reported their current capacity is maxed out and they will have to cap the sports programs because they do not have enough facilities Mr Knott spoke on how he thinks the district and the Athletic Association would work together in partnership At the inquiry of Commissioner Chad M Stewart , Mr Knott stated the Athletic Association does utilize facilities at Westview Elementary School and Cleveland Middle School , but very little at the high school He noted they also use facilities at C3 Church Mr Knott stated they serve 4,500 children Mr Lee also noted that Pop Warner Football uses the Cleveland High School football field on Saturday mornings for their games Mr Lee explained that what they are trying to do with the district is not just have youth programs , but it is more about having parks and recreation for the entire population Mr Lee stated they currently do not have any children’s playgrounds , meeting areas other than churches , or picnic shelters in the entire community of 27,000 people He acknowledged the playgrounds at the schools , but noted those facilities are often locked and are not appropriate for preschool aged children Mr Lee reiterated the district concept would be something that could carry on for years to come and serve the entire community Commissioner Stewart asked about a timeframe Mr Lee stated the timeframe they are telling people is if the district is voted on in November and approved , then it would be put on the 2019 tax bills He stated they could then begin receiving tax revenue at the end of 2019 to begin leveraging loans and grants Mr Lee stated they are proposing a tax rate of 4 cents which would bring in an estimated 800,000 annually Mr Lee also agreed with earlier comments by Mr Knott that the district would work in partnership with the Athletic Association , Pop Warner , and any other programs in the community Mr Lee stated he is confident that this proposal will enhance the quality of life for the community Chairman Carver commented that arguably the most valuable property in the world is Central Park and that land is there today because someone had the foresight to say there must be open space Chairman Carver stated to keep everything in perspective , a 4 cent tax rate on a 100,000 home would cost the homeowner an additional 40 a year and on a 200,000 home it would cost an additional 80 a year and so on Chairman Carver stated if that is then written off on the homeowner’s income taxes , then he believes it is a very nominal amount when considering the increase in property values and the opportunities the district could bring Mr Lee agreed with Chairman Carver and stated that is what they have been trying to express to the community and they would like to at least give the residents an opportunity to vote Page109 February 5 , 2018 – 6 00 pm Continued Upon a question by Commissioner Godwin , Mr Lee stated they are recommending the boundaries of the McLemore Fire District to be the footprint of the district Commissioner Stewart commented that at the end of the day , the residents would get to vote on whether or not this is something they want Mr Lee agreed and stated he wants to make it very clear they are not asking the Board of Commissioners to impose a tax , but rather to allow the citizens to vote if they want to self - tax for the district County Manager Rick Hester stated the Board of Elections has been notified to be prepared if the issue is to go on the ballot in November Mr Hester noted he will also be bringing a recommendation to the Board of Commissioners in the near future about another distribution of recreation open space funds which would include a disbursement to the Greater Cleveland Athletic Association County Attorney Jennifer Slusser stated the concept of establishing a district is not unheard of and back in the 1950s and 1960s , the General Assembly did create special taxing districts for the purpose of recreation through local bills , although it is something that has not been done in recent years Ms Slusser stated there are some challenges moving forward , but it is understood that timing is very important because referendums can only happen during even numbered years Ms Slusser stated as staff understands , the concept is to get legislation that would allow for the creation of a recreation district for the purposes of acquiring , improving , and equipping land and or buildings for parks , playgrounds , recreation centers , and other recreation facilities She continued that as she understands , the first priority is to create a separate body politic or political subdivision for the purpose of recreation that has the ability to borrow money , levy taxes in order to create a continuous funding source , apply for grants , and have a modicum of self - governance She stated the key players would be the Board of County Commissioners and a district board to be appointed by the Commissioners Ms Slusser stated the procedure for the creation of the district concept would be that the General Assembly would adopt some type of special legislation and then the Board of County Commissioners could adopt a resolution for the proposition to be placed on the ballot , in this case for the McLemore Fire District as has been proposed Ms Slusser explained that the district would essentially be a municipal corporation that could own property , have perpetual succession , contract and hold property , establish rates and fees , and do all of the things that a county or town can do She stated such a district would be much like a water and sewer district which is the model that staff has been utilizing for discussion purposes Ms Slusser also stated some of the other important powers a district could have would be the ability to issue bonds and notes , installment financing , and levy taxes Ms Slusser stated with regards to levying taxes , it would need to be established how the taxation would work such as if there is a rate limitation and if the rate would be recommended by the district board and then approved by the Commissioners She noted the other item discussed has been if the authority for eminent domain would be allowed , although perhaps not since it is very clear how this Board of Commissioners feels about eminent domain Ms Slusser stated to move forward , if the Board chooses to allow the Cleveland Community to proceed , staff would request the Board to authorize the Chairman to send a letter with an outline to the legislative delegation to have special legislation drafted consistent with the agreed upon components so the proposition could be put on the November 2018 ballot Commissioner Godwin asked if all the components would have to be specified prior to asking for the legislation Ms Slusser responded that as part of the outline to accompany the letter to the legislative delegation , the agreed upon components should be included Ms Slusser stated she has received some feedback from Commissioners and has prepared a draft outline based on those conversations , but she would welcome further feedback or comments on that outline Upon a motion by Commissioner Lee Jackson , seconded by Commissioner Cookie Pope , and carried unanimously , the Board voted to authorize the Chairman to send a letter to the legislative delegation requesting special legislation that will allow for a voter referendum to determine if a parks and recreation district should be established for citizens residing in the McLemore Fire District 3 Call for Public Hearing – Proposed Ordinance Amendment Personal Use Storage Buildings Planning Director Berry Gray stated staff is requesting the Board to schedule a public hearing for the March 5 , 2018 6 00 pm meeting for the purposes of receiving public comment on a proposed ordinancePage110 February 5 , 2018 – 6 00 pm Continued amendment as it relates to personal use storage buildings within the Agricultural Residential Zoning District Mr Gray reported the current code only allows for storage buildings as an accessory to a principal use and the proposed amendment would allow personal storage buildings on tracts of land in the County without requiring that a house be constructed first He stated the Planning Board has reviewed the amendment and recommends approval Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried unanimously , the Board scheduled the public hearing to be held on March 5 , 2018 at the 6 00 pm meeting 4 Planning Activity Report Planning Director Berry Gray reviewed the Planning Activity Report for the month of January 2018 with the Board , as follows Monthly Activity Report – January 2018 CPB REZONINGS Proposed for January 2018 Special Use Straight Zoning Totals Approved 2018 Cases 2 1 3 0 Total Acres 699 274 3439 0 SUBDIVISIONS Approved Approved 2017 2016 Proposed Re - submittals Major Subdivisions 44 37 6 - - - - Total Lots 1,572 1,637 374 - - - - Total Acres 1,8096 1,455 45088 - - - - Open Space Acres 1983 10757 8609 - - - - Fee - in - Lieu 456,000 421,600 19,600 - - - - Minors 205 158 Total Lots 338 240 Total Acres 90405 650 Valid Lots 11,487 Adjustments 351 added , 177 removed never developed or recorded 5 Manager Reports and Comments A March 2 , 2018 Annual Work Session Location At the inquiry of staff , it was the consensus of the Board to hold the March 2 , 2018 annual work session at the Johnston Regional Airport in their conference room B Commissioners Meeting Room AV Equipment Staff informed the Board that the audio visual equipment in the Commissioners Meeting Room is approximately 15 - 20 years old and is becoming difficult to maintain due to many of the parts needed for repairs no longer being manufactured County Manager Rick Hester stated more information will be gathered regarding upgrades to the equipment and sent to the Board for review 6 Board Reports and Comments - None There being no further business , Commissioner Chad M Stewart moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 50 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage