September 7, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 367 Meeting of the Johnston County Board of Commissioners September 7 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 7 , 2021 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Citizen Edward Walsh Edward Walsh shared his thoughts and opinions with the Board on teaching about slavery and racism in schools Mr Walsh stated rather than teaching the truth , there are those that seek to hide the facts regarding history and he prefers that teaching should tell the truth and not propaganda Mr Walsh stated he feels children need to know the truth of racism and slavery and that education should open minds to facts , science , and history rather than close doors to the facts and truth B Citizen Jean Casanave Jean Casanave , Benson , submitted information to the Commissioners and requested the Board to urge the legislators to conduct a full forensic audit of the 2020 election Ms Casanave stated there is information and research available that compares the trends of voter registrations to actual votes which shows there are alarming anomalies Ms Casanave stated a full forensic audit is needed to restore confidence in the election process and reveal problems in the election process so they can be prevented in future elections 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – August 25 and September 1 , 2021 Certified letters were mailed to adjoining property owners on August 23 , 2021 Notices were posted at the locations on June 1 , 2021 for Case 21 - 11 and July 6 , 2021 for Case 21 - 14 The Chairman opened the Rezoning Hearing for Case 21 - 11 Case 21 - 11 Petition to rezone a 256 acre tract located at 3469 US Hwy 70 East in the Pine Level Township from General Business GB to Agricultural Residential AR Tax ID 12N11035 Owner Anthony & Marsha House Applicant Courtney Lanning Marsha House Planning Director Braston Newton stated the petition is to rezone a 256 acre tract located at 3469 US Hwy 70 East in the Pine Level Township from General Business to Agricultural Residential Mr Newton stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business and used for various businesses ; and there are several properties close by within the Pine Level city limits The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term At the inquiry of Commissioner Ted G Godwin , Mr Newton clarified that there is a house on the site ; however , it has been vacant for some time Applicant Marsha House stated the property has been in their family for many years and they would like to remodel the vacant house on site for their daughter There being no further public comments , the Chairman closed the public comment portion of the hearing Page368 September 7 , 2021 – 6 00 pm Continued Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 11 Decision on Rezoning Case 21 - 11 Case 21 - 11 Petition to rezone a 256 acre tract located at 3469 US Hwy 70 East in the Pine Level Township from General Business GB to Agricultural Residential AR Tax ID 12N11035 Owner Anthony & Marsha House Applicant Courtney Lanning Marsha House Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 11 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 11 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 12N11035 located at 3469 US Hwy 70 East , Pine Level Township , from General Business to Agricultural Residential WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 9 Preserve the Rural Landscape ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of agricultural residential provides a less intense use of the property and will not adversely affect the property , neighbors , or surrounding area ; and b The subject property adjoins property that is zoned agricultural residential and the agricultural residential use is compatible for the area 3 This Board approves the proposed zoning amendment from General Business to Agricultural Residential th Adopted this the 7 day of September , 2021 The Chairman reopened the Rezoning Hearing for Case 21 - 14 Case 21 - 14 Petition to rezone a 58 acre tract located at 10294 Buffalo Rd in Wilders Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 16K05014C Owner Applicant Deborah Vereen Planning Director Braston Newton stated the petition is to rezone a 58 acre tract located at 10294 Buffalo Road in Wilders Township from Community Business - Special Use District to Agricultural Residential The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion of Buffalo Road is 9,100 vehicles per day as of 2019 and itPage369 September 7 , 2021 – 6 00 pm Continued appears on the Comprehensive Transportation Plan as an existing minor thoroughfare with adequate design capacity James Vereen , speaking on behalf of Applicant Deborah Vereen , offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 21 - 14 Decision on Rezoning Case 21 - 14 Case 21 - 14 Petition to rezone a 58 acre tract located at 10294 Buffalo Rd in Wilders Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 16K05014C Owner Applicant Deborah Vereen Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 14 Commissioner Butch Lawter seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 14 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 16K05014C located at 10294 Buffalo Road , Wilders Township , from Community Business – Special Use District to Agricultural Residential WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 9 Preserve the Rural Landscape ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of agricultural residential provides a less intense use of the property and will not adversely affect the property , neighbors , or surrounding area ; and b The subject property adjoins property that is zoned agricultural residential and the agricultural residential use is compatible for the area 3 This Board approves the proposed zoning amendment from Community Business – Special Use District to Agricultural Residential th Adopted this the 7 day of September , 2021 Page370 September 7 , 2021 – 6 00 pm Continued 3 Town of Princeton – Request for Funding – Drainage and Waterline Projects Princeton Mayor Don Rains addressed the Board regarding drainage and waterline projects for the Town of Princeton Mayor Rains introduced Tyrus Clayton and Matthew Burnette with Draper Aden Associates to discuss the projects in detail Mr Clayton and Mr Burnette presented the following to the Board PagePage pageNumber5371 September 7 , 2021 – 6 00 pm ContinuedPagePage pageNumber6372 September 7 , 2021 – 6 00 pm ContinuedPagePage pageNumber7373 September 7 , 2021 – 6 00 pm ContinuedPagePage pageNumber8374 September 7 , 2021 – 6 00 pm Continued Commissioner Butch Lawter asked with regards to the drainage project , how big is the area , and also if these projects take into account the future growth of Princeton Mr Clayton responded the drainage project is an immediate need for the areas that are prone to flooding ; however , he noted they are considering future potential growth and they will be working with the Town to create a stormwater ordinance so there is some self - sustaining flood mitigation measures Mr Clayton stated the Town is trying to be proactive in their approach and growth measures have been built into aspects of the projects At the inquiry of Commissioner Lawter , Mr Clayton stated the railroad takes up much of the Town of Princeton’s downtown area and while it can be a costly endeavor to work with the railroad regarding maintenance , there is now an existing agreement in place between the two entities Mr Clayton continued with the presentation PagePage pageNumber9375 September 7 , 2021 – 6 00 pm Continued Commissioner Tony Braswell stated Mr Clayton mentioned the waterline project would create new customers and he asked if those would be commercial or residential Mr Clayton stated most of the new taps would probably be residential because the area is not typically an area that the Town would see as commercial Chairman Chad M Stewart stated the Town has requested 715,000 for the stormwater drainage project and 400,000 for the waterline project Chairman Stewart suggested the Board discuss the request as two separate projects Mayor Rains readdressed the Board and stated there is funding available through the American Rescue Plan Act of 2021 ARPA and both of the projects are within the eligible criteria for that funding Mayor Rains stated the Town of Princeton has had more flooding than it can handle and they have seen homes , classrooms at the school , and downtown businesses all impacted Mayor Rains stated they need to address the issues so they can be more resilient to climate change and changing weather patterns Mayor Rains stated the waterline project will enhance water quality , address fire hydrant needs , and provide better water flow for both the Town and the County He stated the Town is going to be using 222,769 of their own ARPA funds towards the projects Mayor Rains submitted information to the Board on the ARPA funds available and how those funds can be spent Princeton Fire Chief Randy Jones stated since Hurricane Matthew , they have responded to 16 water rescues to retrieve citizens from flooded homes and floodwaters He spoke on the flooding issues in the town recently stating it has affected many citizens , some of which are elderly , and it has gotten to the point of being a regular occurrence Chief Jones reported they recently underwent an ISO rating inspection and they are awaiting the final rate from the Department of Insurance He stated they anticipate it will be a district wide rating ; however , they will be utilizing a tanker task force due to the lack of hydrants in certain locations Chief Jones stated if hydrants were available on some of the roads then it would tremendously help their rating and fire protection efforts Chief Jones stated water pressure is an issue in some areas and will not currently support a fire hydrant He stated in order to support a hydrant , the pressure needs to be at least 500 gallons per minute gpm and the waterline project would help in that area Chief Jones stated the fire department can apply for USDA funding to install the hydrants , but they must have the proper pressure before that can happen Town Administrator Marla Ashworth stated Johnston County is the fastest growing county in North Carolina according to the last census She stated the County overall grew by 28 while the Town of Princeton grew by 10 in the same time frame Ms Ashworth stated they are hoping the projects will help make Princeton more attractive Ms Ashworth stated flooding prevents people from looking at their area Mr Richard Braswell stated the stormwater project is going to be a major drainage thoroughfare and is needed for the Town Mr Braswell commented that Princeton is growing because its school is attractive for many parents and it can be discouraging when people ride through town in standing water and see the ditches and yards are flooded Mr Braswell stated these are both good projects and he thanked the Board for their consideration Chairman Stewart recognized Princeton Town Councilman Mike Rose in the audience Commissioner Fred J Smith , Jr stated the requests from Princeton are an example of what he was talking about at the morning meeting concerning the need for the Commissioners to have more time to deliberate before making a decision Commissioner Smith stated he would prefer the Board take the requests under advisement Commissioner Ted G Godwin commented that he thinks about all the situations the County has seen recently with flooding and how that affects County departments such as Emergency Services CommissionerPage0376 September 7 , 2021 – 6 00 pm Continued Godwin stated there are those that would say this is a Town project and ask why the County would choose to participate Commissioner Godwin stated if the Board can help solve issues like the flooding problems in Princeton , then it helps County departments like Emergency Services in their work so they can be in other places At the inquiry of Chairman Stewart , Mayor Rains stated the project has been put out for bid with responses anticipated within 30 days Mayor Rains stated considering it is hurricane season , time is of the essence for the flood mitigation project and any delay would be detrimental He stated the waterline project could be delayed two weeks if needed , but the flood mitigation project is critical for their community Upon questions by Commissioners Braswell and Lawter , Mr Clayton stated it is critical they begin as soon as possible because the Department of Transportation is willing to participate right now He stated they are trying to take advantage of that assistance from the Department of Transportation County Manager Rick Hester stated if the Board chooses to participate with the Town , he would request enough time to allow staff to review the bidding documents for the projects to make sure they contain the required elements necessary to qualify for the ARPA funding Mr Hester stated if the ARPA funds cannot be used , then the funds would have to come out of the County’s General Fund , should the Board choose to move forward Upon a question by Commissioner Larry Wood , Mr Hester stated ultimately the County is responsible for making sure the federal funds are spent properly and he would like to make sure everything is covered in the bid documents Mr Clayton stated they are happy to work with the County staff on whatever is necessary to use the ARPA funding Commissioner Patrick E Harris stated this is the first time he has seen the data and information on the projects from the Town and while he thinks it is a needed project , he would like more time to review the request Commissioner Lawter commented that he thinks while this appears to be a much needed project for the Town of Princeton , he can agree that the Board needs more time to deliberate Commissioner Lawter stated he understands that the project is a significant need for Princeton , but there are probably other towns that have similar needs Commissioner Larry Wood noted that staff has also asked for more time to review the bidding documents to make sure they will qualify for the ARPA funding Commissioner Wood moved the Board take the drainage request and the waterline request under advisement for two weeks until the September 20 , 2021 meeting Commissioner Fred J Smith , Jr seconded the motion , which carried by the following vote Ayes Commissioners Chad M Stewart , Larry Wood , Tony Braswell , Patrick E Harris , Butch Lawter , and Fred J Smith , Jr Nays Commissioner Ted G Godwin 4 Planning Activity Report Planning Director Braston Newton stated the Comprehensive Land Use Plan Steering Committee will be meeting again on September 14 , 2021 at 6 00 pm at the Johnston County Agricultural Center Auditorium He stated the purpose of the meeting will be to further review and narrow down the existing conditions as well as the established goals for the plan Mr Newton stated he will be bringing that information to the Planning Board and the Board of Commissioners for their review and hopes to follow with public forums later in October At the inquiry of Commissioner Butch Lawter , Mr Newton stated they are a little behind schedule ; however , he does not consider that a bad thing Mr Newton stated they want to make sure a good working document will come out of the process that can last the County for a long while 5 Manager Reports and Comments A COVID - 19 Sick Leave Policy Reinstated County Manager Rick Hester requested the Board to consider extending the COVID - 19 Sick Leave Policy that expired in June and outlined the criteria by which employees would be eligible for the leave Page1377 September 7 , 2021 – 6 00 pm Continued Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board voted to extend the COVID - 19 Sick Leave Policy beginning and retroactive from July 1 , 2021 through December 31 , 2021 for employees impacted by the coronavirus for the following reasons ? If an employee is subject to a federal , state or local quarantine order related to the Coronavirus ; ? If the employee has been advised by a healthcare provider to self - quarantine due to concerns related to the Coronavirus ; ? If the employee is experiencing symptoms of the Coronavirus and is seeking a medical diagnosis Employees will qualify for COVID - 19 Sick Leave CSL based on the following conditions ? Employees are limited to a total of up to 80 hours , or two weeks , of paid sick leave between the previously mandated Emergency Paid Sick Leave and the new leave type , COVID - 19 Sick Leave CSL ; ? Part - time employees are eligible for COVID - 19 Sick Leave CSL equal to the hours that the employee works , on average , during a two week period B New Communications Specialist Public Information Director Adam Carroll introduced new Communications Specialist Ben Armstrong who will be working in the Public Information Office The Board welcomed Mr Armstrong 6 Board Reports and Comments A Johnston County Water and Wastewater Preliminary Regionalization Evaluation At the request of Commissioner Butch Lawter , County Manager Rick Hester updated the Board on a Request for Qualifications RFQ for the Johnston County Water and Wastewater Preliminary Regionalization Evaluation the Board authorized Mr Hester stated the RFQ has been sent out and responses are due on September th 30 Mr Hester stated he would keep the Board updated 7 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board recessed regular session to sit in closed session for the purposes of consulting with an attorney employed by the Board in order to preserve the attorney - client privilege pursuant to North Carolina General Statute 143 - 31811 a 3 No action was taken Commissioner Larry Wood moved the Board adjourn closed session and resume regular session Commissioner Tony Braswell seconded the motion , which carried by unanimous vote There being no further business , Commissioner Ted G Godwin moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 7 45 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage