June 2, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 100 Meeting of the Johnston County Board of Commissioners June 2 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 2 , 2014 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 Josh Williford from Boy Scout Troop 33 led those in attendance in the pledge of allegiance to the American flag The following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – May 21 and 28 , 2014 Certified letters were mailed to adjoining property owners on May 19 , 2014 A notice was posted at the location on April 2 , 2014 , for Case 14 - 08 The Chairman opened the Rezoning Hearing for Case 14 - 08 Case 14 - 08 Petition to rezone a 20 acre tract located at 2115 Government Road SR 1556 in Clayton Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 05F03021Z Owner Lisa Langdon Lee Applicant Lisa Langdon Lee Planning Director Berry Gray stated the petition is to rezone a 20 acre tract located at 2115 Government Road in Clayton Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning to allow for equipment storage , employee parking and residence Mr Gray reported the existing use is currently a residence and equipment storage The surrounding land uses are zoned Agricultural Residential and used for such purposes , primarily residential around the subject site Mr Gray noted a subdivision is directly adjacent to the subject site 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 request came in as a violation He explained the applicant has utilized a portion of the property for equipment storage since 2011 An additional violation was reported in early 2013 , but the case was resolved and closed at that time The detached garage was initially constructed by the previous property owner , but no certificate of occupancy was issued He stated the storage area along the rear of the property appears to be on top of the septic system for a singlewide mobile home which has been removed At the request of Commissioner Allen L Mims , Jr , Mr Gray noted the location of the subject site in relation to the neighboring houses on the aerial photograph for the Board Applicant Lisa Langdon Lee , 2115 Government Road , Clayton , stated she purchased the property in July of 2011 and at that time an existing business known as ABMS Construction was operating at the location and had been since 1998 Ms Lee stated there are 20 businesses operating on residential property within a 10 mile radius of her property She stated there are eight businesses on Government Road , one on Blue Pond Road , and four on Barber Mill Road all zoned Agricultural Residential Ms Lee stated there are landscaping companies , a taxidermist , an HVAC contractor , a plumbing company , a seed company , tractor repair company , contractors , etc Ms Lee submitted pictures of her property and the surrounding area to the Board pictures were retained by the applicant and not left for the record Page101 June 2 , 2014 – 6 00 pm Continued Ms Lee stated it was mentioned at the Planning Board meeting that there was “ stuff ” in her backyard and she acknowledged there is a pile of dirt in the backyard that she cleared from behind the garage so her employees could park behind the garage Ms Lee stated the equipment is not visible when looking at the front of her property Ms Lee continued that she spoke with the Planning staff who informed her that a landscaping buffer would help screen the property if the rezoning is approved Ms Lee also stated some of the neighbors were concerned about her being zoned commercial , that it could attract other commercial businesses ; however , she stated Hardees Precision Landscaping is located 7 10 of a mile up the street from her property which is a landscaping company on two acres that is zoned commercial Ms Lee stated she cannot understand why other businesses are allowed to operate in the area but she cannot Ms Lee stated if the rezoning is not approved she is unsure what she will do and may have to move Upon a question by Commissioner DeVan Barbour , Ms Lee stated when she purchased the property there was an existing construction business on site and the property was cluttered with cement mixers , HVAC units , equipment , and other debris which she cleaned up Ms Lee stated when she purchased the property she made the assumption that she could operate her business based on the state of the property at the time and the fact that a business was already in operation Ms Lee stated she did not use a realtor and did not know at that time she needed to ask if a business could be operated on the property At the inquiry of Commissioner Chad M Stewart , Mr Gray stated the site has always been zoned Agricultural Residential , even when the former business was in operation by the previous owner Commissioner Tony Braswell stated in reading the minutes from the Planning Board there was discussion about other equipment on the property Ms Lee responded the large equipment is no longer on her property She stated it did not belong to her and has since been moved Ms Lee stated all that remains on the property is a bucket truck , some flatbed trailers , two tractors , an escalator , two Bobcats , and her work trucks Ron Snock , 70 Oak Creek Drive , Clayton , spoke in opposition Mr Snock stated they have lived there since August of 2004 He stated the area should remain residential and they feel a business zoning that would allow large equipment storage would be unsightly and could decrease surrounding property values Mr Snock pointed out the location of his property to the Board in relation to the subject site and stated they can see the equipment on the applicant’s property from any point Mr Snock stated he is concerned that if the rezoning is approved the applicant’s business could become more intense in the future John Swope , 96 Oak Creek Drive , Clayton , spoke in opposition Mr Swope stated he lives next to Mr Snock Mr Swope stated the subject site is visible from his house and the equipment is so loud he can feel the vibrations from his property Mr Swope noted the location of his property in relation to where the equipment is stored on the subject site Commissioner Stewart asked about the previous owner of the property and if anyone was aware that property owner was also operating a business on the subject site before it was purchased by the applicant Mr Snock stated the previous owner of the property may have operated a business , but they were never aware of it Mr Swope stated he was also unaware that the previous owner operated a business on the subject site Mr Swope acknowledged the applicant has done a good job improving the site from the front of the property ; however , the vehicles are stored in the back near his property Chairman Jeffrey P Carver explained that there are many people operating businesses from their homes such as plumbers or other similar trades which require them to leave their property during the day He also noted many businesses were grandfathered in at the time zoning was adopted years ago John Atkeson , 82 S Two Does Lane , Clayton , spoke in opposition Mr Atkeson stated the entrance to his subdivision is directly opposite of the subject site and over the past few months there has been a lot of heavy equipment on the site Mr Atkeson stated he has lived there since 1993 and if there had been a business there when he purchased his property he would have looked elsewhere Mr Atkeson stated he is concerned over property values and the ability to sell his home one day if he chooses Mr Atkeson stated he was also unaware of the previous owner ever having a business on the property Page102 June 2 , 2014 – 6 00 pm Continued Iris Supcoe , 135 Government Road , Clayton , stated she lives 2 ½ miles from the subject site Ms Supcoe stated the applicant has improved the front of the property since she purchased it Ms Supcoe stated she has lived on Government Road for 25 years and she is concerned about traffic noting the road already is congested and she worries about the safety of children riding school buses Ms Supcoe stated she is also concerned over impacts to property values Will McIntosh , 120 Oak Creek Drive , Clayton , spoke in opposition Mr McIntosh stated of the 20 businesses in the area mentioned by the applicant during her comments , he is familiar with several of them and those businesses are not infringing upon anyone’s neighborhood or backyard Mr McIntosh stated they have a high level of growth already in the area and they would like to maintain the appeal of the community Mr McIntosh agreed that the applicant has done a good job improving the front of the subject site ; however , the backyard faces his property which is an issue Mr Gray referenced a letter dated May 30 , 2014 from Iris Supcoe in opposition as well as an e - mail dated May 28 , 2014 from Lori Kelly in opposition received by staff for the record Mr Gray reported the Planning Board recommended denial based on the use being incompatible with the residential neighborhood There being no further comments , the Chairman closed the Rezoning Hearing for Case 14 - 08 Decision on Rezoning Case 14 - 08 Case 14 - 08 Petition to rezone a 20 acre tract located at 2115 Government Road SR 1556 in Clayton Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 05F03021Z Owner Lisa Langdon Lee Applicant Lisa Langdon Lee Commissioner Allen L Mims , Jr moved the Board conclude and adopt a statement that the rezoning requested is not consistent with the Comprehensive Land Use Plan , and is not in the public interest , and further that the petition for rezoning case 14 - 08 to rezone a 20 acre tract located at 2115 Government Road in Clayton Township from Agricultural Residential to General Business – Special Use District be denied Commissioner Tony Braswell seconded the motion Further Discussion Commissioner Ted G Godwin stated in similar past cases , the Board has talked about requiring opaque fences as a visual screen and he asked if that is something that could be considered in this instance Mr Gray stated the Board could require an opaque fence as part of the special use conditions if the rezoning is approved and the Board moved forward with a special use permit Mr Gray stated staff would recommend requiring an 8 ft opaque fence along with landscaping vegetation on the outside of the fence to minimize the visual impact on neighbors Chairman Jeffrey P Carver stated the Board must consider who was there first and if the rezoning is something that is wanted by the community He stated in this instance he does not believe it is something the community supports Vote The motion for denial carried by the following vote Ayes Commissioners Jeffrey P Carver , Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , and Chad M Stewart Nays Commissioner Ted G Godwin 3 CAMPO Memorandum of Understanding Planning Director Berry Gray reported the Capital Area Metropolitan Planning Organization CAMPO is asking each member organization to approve a revised Memorandum of Understanding MOU Mr Gray briefly reviewed a summary of the changes provided by CAMPO stating the current MOU needs to be amended to reflect updates in federal law , changes to the boundary , and modernization of key terms and provisions The MPO planning area boundary was recently expanded to include Archer Lodge and an additional area in Johnston County Mr Gray continued other changes include updating the name of the Transportation AdvisoryPage103 June 2 , 2014 – 6 00 pm Continued Committee to “ Executive Board ” , updating the number of TCC voting members to be 1 per 100,000 population , adding Archer Lodge as an official member and moving specific weighted voting numbers and TCC representation numbers to be referenced in the Executive Board and TCC Bylaws , respectively Following brief discussion , Commissioner Allen L Mims , Jr moved the Board approve the revised Memorandum of Understanding with the Capital Area Metropolitan Planning Organization Commissioner Cookie Pope seconded the motion which carried unanimously PagePage pageNumber5104 June 2 , 2014 – 6 00 pm ContinuedPagePage pageNumber6105 June 2 , 2014 – 6 00 pm ContinuedPagePage pageNumber7106 June 2 , 2014 – 6 00 pm ContinuedPagePage pageNumber8107 June 2 , 2014 – 6 00 pm ContinuedPagePage pageNumber9108 June 2 , 2014 – 6 00 pm Continued 4 Fiscal Year 2014 - 2015 County Budget Discussions A Johnston Community College Johnston Community College President Dr David Johnson and Chief Financial Officer Mike Cross addressed the Board Dr Johnson asked the Board to reconsider the allocation to Johnston Community College in the County Manager’s proposed Fiscal Year 2014 - 2015 budget Dr Johnson stated he appreciated the addition of 125,000 to their capital outlay fund which will allow them to make tremendous jumpstarts in termsPage0109 June 2 , 2014 – 6 00 pm Continued of parking lot expansions and renovations Dr Johnson continued that the College is requesting an additional 265,000 for three expenditures that are greatly needed , as follows • 153,000 to replace the phone system for the Community College and all its satellite facilities The current phone system is antiquated and is no longer being supported by the phone company • 68,000 to operate campus security year - round Currently the College only has security nine or ten months out of the year Due to more requirements for emergency preparedness from the State and Federal Government as well as increased enrollment the College would like to move forward with creating a full - time Director of Security Services • 45,000 to cover an estimated 12 raise for all State employees Dr Johnson stated the 12 raise for all State employees is what the College is anticipating the State will adopt Dr Johnson stated the College could come back to the Board once that exact amount is known Dr Johnson also stated the Board could go ahead and approve the amount and if the State does not approve the raise , the College could use the funds for one additional maintenance position He explained the Community College has increased from five buildings in 1995 to thirteen buildings across the County , but still only has five maintenance people for all the facilities Dr Johnson stated some of the College’s buildings are deteriorating and they greatly need more staff to deal with the maintenance situation Commissioner Allen L Mims , Jr asked if the phone system is replaced , would it include the phones at the Workforce Development Center , noting their phones were discussed at the recent Research & Training Zone Advisory Board meeting held at the Workforce Development Center Dr Johnson confirmed the phone system replacement would include the Workforce Development Center as well as all College facilities In response to Commissioner DeVan Barbour , Dr Johnson stated their current security is contracted and with the additional funding it would allow the College to have security year - round instead of only part of the year Dr Johnson stated they would like to look into hiring a Director of Security Services but would need to determine if funding is available for that position after all budgets are settled Dr Johnson added some of the funding for that position would be supported with State money He noted the College has had some restructuring as well as employees moving on to other opportunities and they have been able to make some funding available through the realignment of positions Upon questions by Commissioners Tony Braswell and Cookie Pope , Dr Johnson reported at this point according to the Senate’s budget , the College would be impacted by about 215,000 B North Carolina Forestry Service Johnston County Forest Ranger Mike Winslow thanked the Board for their past support He stated the allocation proposed in the Fiscal Year 2014 - 2015 budget is 95,000 and they are requesting 107,329 He stated they have not purchased a new vehicle in four years and would like to replace their 2006 Ford F - 250 at an estimated cost of 25,000 Mr Winslow presented the following information to the Board and discussed their increased expenses as well as increased call volume He noted the fire departments have asked the Forestry Service to increase their responses and they would like to accommodate that request Page1110 June 2 , 2014 – 6 00 pm Continued At the inquiry of Commissioner Tony Braswell , Finance Director Chad McLamb reported the State funds 60 over and above what the County allocates to the Forestry Service The Board thanked Mr Winslow for the information and for the service the North Carolina Forestry Service provides to the County C Universal Playground Finance Committee of Clayton Yvonne Futterer , representing the Universal Playground Finance Committee , presented information to the Board regarding a proposed universal playground construction project She reviewed the following presentation with the Board of Commissioners Page2111 June 2 , 2014 – 6 00 pm ContinuedPage3112 June 2 , 2014 – 6 00 pm ContinuedPage4113 June 2 , 2014 – 6 00 pm ContinuedPage5114 June 2 , 2014 – 6 00 pm ContinuedPage6115 June 2 , 2014 – 6 00 pm ContinuedPage7116 June 2 , 2014 – 6 00 pm Continued Ms Futterer stated they feel a universal playground will not only bring joy to those children that need it , but it will be an asset to Johnston County She added they hope to move closer to their goal with Johnston County’s future financial support Upon a question by Commissioner Ted G Godwin , Ms Futterer stated once constructed , the park will be maintained by the Clayton Parks & Recreation Department Page8117 June 2 , 2014 – 6 00 pm Continued The Board thanked Ms Futterer for the information Additional Budget Meetings Scheduled It was the unanimous consensus of the Board to schedule a special meeting for June 9 , 2014 at 6 00 pm in the Commissioners Meeting Room to continue discussions on the budget The Board also asked staff to hold th June 10 as a tentative date for an additional meeting if needed The Board then scheduled June 30 , 2014 at 8 15 am as the date for adoption of the Fiscal Year 2014 - 2015 County Budget to be held in the Commissioners Meeting Room 5 Manager Reports and Comments None 6 Board Reports and Comments A Comments Regarding Rezoning Case 14 - 08 Commissioner Ted G Godwin commented in the discussion during the earlier rezoning case , some of the people that spoke were complimentary of the applicant’s front yard , but not the back and it sounded like a visual situation to him Commissioner Godwin stated he had hoped the Board could possibly look at requiring an opaque fence so it would have been a win win for all Commissioner DeVan Barbour noted when the Planning Board met over the case there was a lot of encouragement made to the parties for them to come together and work through their issues , but there was no reception to that idea County Attorney David Mills stated specific requirements for fences , etc are a part of special use hearings and before the Board can get to that point , it must be determined if the rezoning is even compatible with the area B Solid Waste Committee Update Commissioner Ted G Godwin stated the Solid Waste Committee has met and he plans to put together a synopsis of what they have discussed to share with the Board for discussion at a meeting in the near future C Telephone System at the Workforce Development Center Commissioner Allen L Mims , Jr mentioned Dr David Johnson’s earlier presentation from Johnston Community College where they are requesting more funding to replace the College’s phone system which Dr Johnson confirmed would include the Workforce Development Center Commissioner Mims noted he specifically asked if the Workforce Development Center would be included in that upgrade because the Research & Training Zone Advisory Board had voted to pay for the phone system upgrade at the Workforce Development Center which amounts to approximately 18,000 There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The meeting adjourned at 7 20 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage