September 3, 2013 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 646 Meeting of the Johnston County Board of Commissioners September 3 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 3 , 2013 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 Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , 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 A Portrait Presentation for Former County Commissioner CL Denning The Board recognized the family of former Johnston County Commissioner CL Denning and presented his framed portrait to Mr Bill Denning , son of CL Denning , which will be displayed in the County Administration Office along with other former County Commissioners Mr CL Denning served on the Board of Commissioners from 1934 until 1945 and was the uncle of former County Commissioner and Chairman Norman Denning Mr Bill Denning thanked the Board of Commissioners for the recognition and stated his father would have been proud of the honor Mr Denning stated his entire family is appreciative of the gesture Chairman Jeffrey P Carver thanked the Denning Family for attending the meeting and expressed the Board’s appreciation for CL Denning’s service to the County during his time as a Commissioner B Resolutions for 8U Softball Teams The Board recognized and congratulated the 8U Cleveland Angels All Stars Softball Team for winning the 2013 Tar Heel League State Championship and the Johnston County 8U Girls Softball Team for placing second in the tournament Commissioner Chad M Stewart spoke on the great accomplishment by the Johnston County 8U Girls Softball Team placing second in the tournament and stated the Board is extremely proud to have Johnston County represented by the team He called on Head Coach Scott Beasley to comment Coach Beasley thanked his assistant coaches , Mike Worley and Ashley Ivy , for their support during the tournament He thanked the players for their dedication and perseverance as well as the parents for their support The Johnston County 8U Girls Softball Team is as follows Hannah Beasley , Jordyn Brown , Tristan Ennis , Zeah Ennis , Brinkley Fair , Cynthia Holmes , Logan Hodge , Carmen Ivey , Anna Kate McKenzie , Allison Stewart , Bayla Sutton , and Meagan Worley Commissioner Chad M Stewart read aloud a resolution recognizing and congratulating the Johnston County 8U Girls Softball Team for placing second in the recent 2013 Tar Heel League State Championship and moved for its adoption Commissioner Ted G Godwin seconded the motion which carried by unanimous vote The framed resolution was presented to the team RESOLUTION RECOGNIZING THE JOHNSTON COUNTY 8U GIRLS SOFTBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the Johnston County 8U Girls Softball Team recently placed second in the 2013 Tar Heel League State Championship in Shelby , North Carolina ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; andPage647 September 3 , 2013 – 6 00 pm Continued Whereas , this accomplishment brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the Johnston County 8U Girls Softball Team on placing second in the 2013 State Championship rd Adopted this the 3 day of September , 2013 Commissioner Cookie Pope congratulated the 8U Cleveland Angels All Stars Softball Team for winning the 2013 Tar Heel League State Championship Commissioner Pope spoke on the importance of athletics to the well being of young people as they grow into adults and stated she is extremely proud of the players Commissioner Pope called on Head Coach Gwen Smothers Coach Smothers thanked the Board for recognizing the team She expressed her appreciation to the players , assistant coaches , and family members that supported the team Coach Smothers stated it was an honor to represent Johnston County in the State Championship The 8U Cleveland Angels All Stars Softball Team is as follows Kenzi Bossman , Iona Davis , Zoey Jones , Kendall London , Taylor McQueen , Kassidy Mills , Allison Mullins , Sarah Prosser , Peyton Sharp , Kylee Sharpe , Lacy Smothers , and Alexis Tant with Assistant Coaches Tracy Sharpe , Scooter Sharp , and Kevin Bossman Commissioner Cookie Pope read aloud a resolution recognizing and congratulating the 8U Cleveland Angels All Stars Softball Team for winning the 2013 Tar Heel League State Championship and moved for its adoption Commissioner Tony Braswell seconded the motion which carried by unanimous vote The framed resolution was presented to the team RESOLUTION RECOGNIZING THE 8U CLEVELAND ANGELS ALL STARS SOFTBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the 8U Cleveland Angels All Stars Softball Team recently won the 2013 Tar Heel League State Championship in Shelby , North Carolina ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the 8U Cleveland Angels All Stars Softball Team on winning the 2013 State Championship rd Adopted this the 3 day of September , 2013 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – August 21 and 28 , 2013 Certified letters were mailed to adjoining property owners on August 19 , 2013 Notices were posted at the locations on July 2 , 2013 for Cases 13 - 09 , 13 - 11 , 13 - 12 , and 12 - 12 Mod The Chairman opened the Rezoning Hearing for Case 13 - 09 Case 13 - 09 Petition to rezone a 167 acre tract located at 5154 US Hwy 70 Business West in Clayton Township from General Business GB to Agricultural Residential AR Tax ID 05G01198C Owner Thao Lee – Goodings LLC Applicant Thao Lee – Goodings LLC Planning Director Berry Gray stated the petition is to rezone a 167 acre tract located at 5154 US Hwy 70 Business West in Clayton Township from General Business to Agricultural Residential Mr Gray stated the existing land use consists of a single family residence Mr Gray reviewed the zoning map with the Board and stated the surrounding uses are zoned Agricultural Residential and used for agricultural and residential purposes ; General Business as part of the US 70 Business Commercial Corridor and used for a heating and air business , place of worship , and residential ; and Industrial – 1 and used for an automobile auction The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Gray stated the applicant wishes to downzone the property so she can rent the existing house as a residential dwelling Applicant Thao Lee , 2109 Avent Ferry Road , Suite 110 , Raleigh , requested the Board to approve the rezoning and provided the Commissioners with a background on the property Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 09 Page648 September 3 , 2013 – 6 00 pm Continued Decision on Rezoning Case 13 - 09 Case 13 - 09 Petition to rezone a 167 acre tract located at 5154 US Hwy 70 Business West in Clayton Township from General Business GB to Agricultural Residential AR Tax ID 05G01198C Owner Thao Lee – Goodings LLC Applicant Thao Lee – Goodings LLC Commissioner Allen L Mims , Jr moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 13 - 09 to rezone a 167 acre tract located at 5154 US Hwy 70 Business West in Clayton Township from General Business to Agricultural Residential be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 13 - 11 Case 13 - 11 Petition to rezone a 019 acre portion of a 195 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential AR to Community Business CB Tax ID 11O03051A Owner Cynthia Brewer Jones Applicant David and Cynthia Brewer Planning Director Berry Gray stated the petition is to rezone a 019 acre portion of a 195 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential to Community Business Mr Gray stated the existing land use is undeveloped Mr Gray reviewed the zoning map with the Board and stated the surrounding uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as Community Business and used for a community store The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Additionally , this site is located within a “ Neighborhood Centers ” activity node Mr Gray noted the adjacent property is zoned Community Business and the applicants plan to build a new store on the property He stated the applicants wish to rezone the subject site to have more parking for the new store Applicant David Brewer , 11413 NC 42 East , Middlesex , addressed the Board and stated they hope to use the property as additional parking for the store Upon a question by Commissioner Ted G Godwin , Mr Brewer reported eventually , he plans to demolish the old store once the new store is constructed Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 11 Decision on Rezoning Case 13 - 11 Case 13 - 11 Petition to rezone a 019 acre portion of a 195 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential AR to Community Business CB Tax ID 11O03051A Owner Cynthia Brewer Jones Applicant David and Cynthia Brewer Commissioner Ted G Godwin moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 13 - 11 to rezone a 019 acre portion of a 195 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential to Community Business be approved Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 13 - 12 Case 13 - 12 Petition to rezone 545 acres located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road SR 1720 in Wilders Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 16L05029 Owner Three Y’s Men LLC Applicant Three Y’s Men LLC Planning Director Berry Gray stated the petition is to rezone 545 acres located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road in Wilders Township from Agricultural Residential to General Business – Special Use District Mr Gray stated the existing land use is currently undeveloped Mr Gray reviewed the zoning map with the Board and stated the surrounding uses are zoned Agricultural Residential andPage649 September 3 , 2013 – 6 00 pm Continued used for residential and agricultural purposes , a Fire EMS Station , and a place of worship ; and General Business – Special Use District for a proposed convenience store and restaurant The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Additionally this site is located at a “ Neighborhood Center ” activity node Mr Gray stated since the applicants do not have a clear idea of what will eventually locate on the property , staff suggested the applicants wait until they have a specific use in mind to request approval for the special use permit Mr Gray stated if the rezoning is approved , the applicants will have two years to come back with an identified use and site plan to get the special use permit Applicant Gary House , 209 Lakeside Drive , Selma , Three Y’s Men LLC , stated the plans are to rezone the property and then market the site for sale He added once a potential buyer is found , the buyer would come back to the Board to request the special use permit Mr House stated they have had numerous calls from interested people wanting to use the site for residential purposes and they are hoping for a commercial use He stated it is their hopes that once the property is rezoned , the realtor can market the site as commercial Mr House stated they are hoping for a buyer that will enhance the community Chairman Jeffrey P Carver encouraged the applicants to work with the community once a potential buyer is found to avoid any possible conflicts with surrounding property owners At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray explained that in a special use rezoning , the applicant is required to have a special use associated with the zoning within two years once the rezoning is approved ; otherwise , the zoning reverts back to its original classification Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 12 Decision on Rezoning Case 13 - 12 Case 13 - 12 Petition to rezone 545 acres located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road SR 1720 in Wilders Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 16L05029 Owner Three Y’s Men LLC Applicant Three Y’s Men LLC Commissioner Tony Braswell moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 13 - 12 to rezone 545 acres located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road in Wilders Township from Agricultural Residential to General Business – Special Use District be approved Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 12 - 12 Mod Case 12 - 12 Mod A request to modify the Special Use Permit for 166 acres zoned General Business - Special Use District GB - SUD located at 4810 Cleveland Road in Cleveland Township This modification request is to omit the fencing requirement from the special use conditions Tax ID 06H06007E Owner Billy and Louise Overbee Applicant Scott Overbee Those wishing to speak on Special Use Case 12 - 12 Mod were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is a petition to modify the special use permit for 166 acres zoned General Business - Special Use District located at 4810 Cleveland Road in Cleveland Township to omit the fencing requirement from the special use conditions Mr Gray reported the Planning Board recommended denial of the modification and revocation of the special use permit ; however , he submitted the following Findings of Fact and Special Use Conditions into the record , so the Board could discuss the special use conditions Case 12 - 12 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant To provide any landscaping that the department requires PagePage pageNumber5650 September 3 , 2013 – 6 00 pm Continued Staff The applicant will be subject to special use conditions Current conformance does ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant To provide business where commercial business is limited in the community Staff This development does comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Personal access will be Monday through Saturday , 7 00am through 9 00pm Public access will be from 8 00am until 6 00pm on Saturdays only Staff Site does maintain or enhance the value of contiguous property in that the buffering and fencing is adequate and the site is aesthetically unpleasing 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Will have night lighting and will leave existing vegetation and provide proper landscaping All buildings will be permitted with all the State and County Staff Applicant’s proposed development does conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Landscape material sales , storage of equipment with an office workshop Special Use Conditions 1 Permitted Uses storage of equipment , landscape material sales , and office workshop 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Personal access hours shall be 6 00 am to 9 00 pm , Monday through Saturday Business hours open to the public shall be 8 00am to 6 00pm on Monday through Saturday only 5 All signage shall comply with the sign code 6 A Class B landscape buffer shall be installed along all rezoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense 7 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Must comply with all traffic improvements as required by NCDOT 10 All debris and or solid waste on the property to be removed prior to issuance of special use permit 11 All outdoor storage of equipment must be enclosed within an 8 ’ tall opaque fence Mr Gray noted the original petition to rezone the property to General Business – Special Use District was approved in 2012 when it came in to the Planning Department as a violation He stated one of the special use conditions required by the Board relates to the installation of an 8 ’ tall opaque fence for all outdoor storage of equipment and the applicant is requesting to remove that requirement Mr Gray reported staff has been trying to work with the applicant for several months to bring him into compliance with several of the special use conditions Mr Gray submitted and reviewed the following photos of the property with the Board taken in 2012 as well as updated photos taken in the last week and noted the applicant has recently taken steps to come into compliance with the special use conditions and improve the site Mr Gray pointed out the fence is still missing which is a violation of the special use conditions 2012 Photographs when Case 12 - 12 was originally rezoned to GB - SUD PagePage pageNumber6651 September 3 , 2013 – 6 00 pm Continued 2013 PhotographsPagePage pageNumber7652 September 3 , 2013 – 6 00 pm Continued Mr Gray noted the applicant has removed the mounds of land clearing debris , tires , and concrete type material or has moved them on the site so they are no longer visible from the road At the inquiry of Commissioner Tony Braswell , Mr Gray reported the fencing requirement calls for an 8 ’ opaque fence just for the equipment storage area and not the entire site Chairman Jeffrey P Carver noted the photos submitted by Mr Gray and asked what additional recent progress has been made by the applicant from the original approval in 2012 Mr Gray stated the applicant has added Crape Myrtle plantings in between the trees on Cleveland Road and has planted trees along Steel Bridge Road as well as mulched around the landscaping Mr Gray stated the biggest difference from 2012 to now is the installation of a berm along Steel Bridge Road as well as cleaning up the site Commissioner Allen L Mims , Jr asked if the berm will be seeded and grassed PagePage pageNumber8653 September 3 , 2013 – 6 00 pm Continued Mr Gray stated the berm does need to be seeded and maintained for appearance He stated the applicant has placed plantings in front of the berm and the berm appears to be approximately 6 – 8 feet in height and taller than that in some places Mr Gray pointed out the berm does not extend along Cleveland Road Commissioner Cookie Pope noted the applicant appears to have planted deciduous trees that would lose their leaves in the fall and winter She asked if the Board could require evergreen trees along with the berm as an adequate screen Mr Gray stated the intent of the fencing was to provide an adequate buffer and if it can be determined that landscaping and the berm can serve that same purpose , then it would be satisfactory Applicant Scott Overbee , 77 Eleanor Lane , Garner , stated he had all the topsoil and fill dirt on the site piled together at the front of the lot for the berm He stated what appears to be a driveway where the berm is split is not actually a driveway , but a culvert under the road Mr Overbee stated he wants the driveway to be on Cleveland Road because it is safer to exit the site from Cleveland Road Mr Overbee reported he must have the driveway paved as part of the driveway permit requirements and he has obtained an estimate for that work Mr Overbee continued that he did not want to move forward with paving the driveway until the Board made a decision on the special use modification request Mr Overbee stated he hopes to leave the berm in place , noting he sells dirt from the back side of the berm Mr Overbee stated he has moved his equipment to the top of the lot At the inquiry of Chairman Carver , Mr Overbee confirmed that he sells dirt from the berm Mr Overbee stated he is continuously adding to the berm as well as selling dirt from it He stated he plans to leave the berm in place and would like to add plantings instead of installing the fence Mr Overbee stated a fence would cause him difficulty getting his equipment in and out of the site Chairman Carver pointed out that Mr Overbee is considering the berm as inventory and unless it is seeded and maintained permanently , there will be runoff issues Commissioner Mims commented that the fencing requirement is just for the equipment storage area and noted that most people would prefer to fence their equipment for safety reasons Mr Overbee stated a lot of his equipment stays on the job sites At the inquiry of Commissioner Chad M Stewart , Mr Overbee stated he could seed and grass the front side of the berm and use the back side for inventory Mr Overbee spoke on his plans for the property including putting up a gate on Cleveland Road as well as installing concrete blocks to separate the inventory on the site Commissioner DeVan Barbour noted at the Planning Board meeting , Mr Overbee reported the cost of the fence was prohibitive and until he found out the status of the fencing requirement , he did not want to spend money on other improvements Commissioner Barbour asked Mr Overbee if the berm is considered inventory would there be times when it could become smaller in size Mr Overbee stated he has only sold two loads of dirt from the berm this year Commissioner Ted G Godwin asked if any of the neighbors had complained about the site Mr Overbee stated he believed there were a couple of neighbors at the Planning Board meeting that had complaints ; however , he stated the adjacent property owners were the McLeod Family and he gets along fine with them Mr Overbee stated the property directly behind the site is wooded Chairman Carver noted the original rezoning in 2012 came in as a violation which resulted from complaints the Planning Department had received Commissioner Braswell asked if something could be worked out where trees could be planted instead of a fence Commissioner Braswell stated he appreciated the applicant taking steps recently to improve the property Commissioner Braswell asked about the recommendation from the Planning Board to revoke the special use permit Commissioner Barbour stated the Planning Board’s recommendation to revoke the special use permit was based on the fact that the special use permit had been granted and the special use conditions were not beingPagePage pageNumber9654 September 3 , 2013 – 6 00 pm Continued met He added the Planning Board’s thought was that the special use permit should be revoked if an understanding regarding the conditions could not be reached Chairman Carver stated it was not only the fencing condition that had not been met Chairman Carver acknowledged the applicant has recently taken some steps to improve the property although much more remains to be done He suggested giving the applicant 30 more days Commissioner Braswell asked staff if there is a time limit on when an applicant has to comply with conditions as part of a special use permit Mr Gray reported staff typically gives people a few months to come into compliance with special use conditions Mr Gray stated staff has been trying to work with Mr Overbee since January 2013 on the subject site Commissioner Braswell commented the root of the problem appears to be the fencing requirement and the applicant does not want to move forward with other improvements on the site until he receives an answer on the fencing condition Upon a question by Commissioner Stewart , Mr Overbee stated he did not agree to the fencing requirement at the original approval Mr Gray stated the fencing condition was a part of the original approval due to the appearance of the property at that time Commissioner Barbour suggested amending the conditions to remove the fencing requirement but add a condition for an adequate buffer in its place for screening Commissioner Barbour also suggested establishing a time frame for the applicant Commissioner Barbour pointed out the berm may not be considered an adequate buffer since Mr Overbee has said it is considered inventory He suggested requiring an alternate buffer as if the berm were not in existence since the height may be continuously changing The Board discussed giving the applicant 30 days to work with staff to come up with a proposal for an adequate buffer for the site At the inquiry of Commissioner Pope , Mr Overbee confirmed that he does understand what needs to be done according to the conditions Mr Gray referenced the recent photographs of the property and clarified with the Board their thoughts on where buffers are needed , noting it is his understanding the Board would like to see evergreens added to the existing landscaping in lieu of counting the berm as part of the buffer Mr Gray stated staff can work with Mr Overbee on a landscaping buffer proposal Mr Gray called to the Board’s attention the letter in opposition dated May 15 , 2013 from Pamela Coats , who lives at the corner on Steel Bridge Road , in the agenda packet and stated staff would like to make sure the visual aspects of the site are addressed Commissioner Mims asked what type of sign the applicant would be allowed to have Mr Gray stated the applicant can have a monument sign or a ground sign up to 60 square feet in size Case 12 - 12 Mod Recessed Until October 7 , 2013 6 00 pm Meeting Case 12 - 12 Mod A request to modify the Special Use Permit for 166 acres zoned General Business - Special Use District GB - SUD located at 4810 Cleveland Road in Cleveland Township This modification request is to omit the fencing requirement from the special use conditions Tax ID 06H06007E Owner Billy and Louise Overbee Applicant Scott Overbee Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board recessed the special use hearing for Case 12 - 12 Mod until the October 7 , 2013 6 00 pm meeting to allow staff time to work with the applicant on a proposal for the buffer requirement Page0655 September 3 , 2013 – 6 00 pm Continued 3 Public Hearing – Code of Ordinances Amendment – Subdivision Street Maintenance Advertised – The Smithfield Herald – August 21 and 28 , 2013 At the request of Planning Director Berry Gray , upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board tabled the public hearing to allow staff time to further research the amendment Note The public hearing will be re - advertised at a future date 4 Manager Reports and Comments A Authorization for Eminent Domain – Easements for the Wilson’s Mills to Cleveland Water Transmission Main Division 2 Extension Project At the request of County Attorney David Mills , upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board authorized the County Attorney to proceed with eminent domain , if necessary , to acquire the remaining easements needed for the Wilson’s Mills to Cleveland Water Transmission Main Division 2 Extension Project , as follows 1 Billy D Overbee and wife , Louise Overbee , Parcel # 06H06007E 2 Ronald E Dowdy , Barry C Foote and Stephen B Sniteman , Parcel # s 06C01029Y ; 06C01029M 3 Grace E Stephenson , widow , of Johnston County , North Carolina , Pamela Stephenson Coats and husband , Robinson Coats of Wake County , North Carolina , Parcel # 06G06015 Mr Mills reported staff is still in negotiations with the property owners and would exhaust all avenues before proceeding with eminent domain 5 Board Reports and Comments Commissioner Ted G Godwin reported the Solid Waste Committee has met and is working on a comprehensive plan and will report at a later date There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 40 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage