December 5, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 467 Meeting of the Johnston County Board of Commissioners December 5 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 5 , 2016 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 , Keith Branch , and Larry Wood Absent None 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 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – November 23 and 30 , 2016 Certified letters were mailed to adjoining property owners on November 18 , 2016 A notice was posted at the location on October 3 , 2016 for Case 16 - 28 The Chairman opened the Rezoning Hearing for Case 16 - 28 Case 16 - 28 Petition to rezone 595 acres out of an 1111 acre tract located at 3543 US 70 Hwy in Pine Level Township from General Business GB to Agricultural Residential AR Tax ID 12N11035A Owner Anthony and Marsha House Applicant Anthony House Planning Director Berry Gray stated the petition is to rezone 595 acres out of an 1111 acre tract located at 3543 US 70 Hwy in Pine Level Township from General Business to Agricultural Residential Mr Gray stated the property is currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business and used for agricultural and residential purposes ; and L1 by the Town of Pine Level and currently vacant This 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 reported the site was zoned General Business as part of the US 70 overlay He stated the applicants want to build their home on the property which necessitates the downzoning to Agricultural Residential Applicant Anthony House , 107 Spring Branch Drive , Four Oaks , stated he would like to build a home on the land Mr House continued that the land has been in his family and all the surrounding neighbors are okay with his plans Mr House stated his mother owns the farm next to the subject site Commissioner Ted G Godwin asked with the evolution of Hwy 70 eventually becoming Interstate 42 , would it affect Mr House’s plans Mr House pointed out the planned location of his home to the Board on the aerial photograph stating there is plenty of room off the highway and they are keeping the future plans of Hwy 70 in mind There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 16 - 28 Page468 December 5 , 2016 – 6 00 pm Continued Decision on Rezoning Case 16 - 28 Case 16 - 28 Petition to rezone 595 acres out of an 1111 acre tract located at 3543 US 70 Hwy in Pine Level Township from General Business GB to Agricultural Residential AR Tax ID 12N11035A Owner Anthony and Marsha House Applicant Anthony House Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 28 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 28 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 12N11035A located at 3543 US Hwy 70 as shown on the attached Exhibit A , from General Business GB to Agricultural Residential AR 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 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 is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 9 Preserve the Rural Landscape ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a AR zoning is compatible with surrounding land uses th Adopted this the 5 day of December , 2016 Commissioner Ted G Godwin moved the Board approve Rezoning Case 16 - 28 to rezone 595 acres out of an 1111 acre tract located at 3543 US 70 Hwy in Pine Level Township from General Business to Agricultural Residential Commissioner Cookie Pope seconded the motion which carried unanimously 3 Planning Activity Report Planning Director Berry Gray presented and reviewed the following Planning Activity Report for the month of November 2016 Mr Gray noted the numbers have significantly increased this year when compared to last year for residential development CPB REZONINGS Proposed for November 2016 Special Use Straight Zoning Totals Approved 2016 Cases 3 0 3 38 Total Acres 11161 0 11161 49297 SUBDIVISIONS Approved Approved 2016 2015 Proposed Re - submittals Major Subdivisions 34 23 1 - - - - Total Lots 1,591 1,054 17 - - - - Total Acres 1,316 100472 5238 - - - - Open Space Acres 10757 778 - - - - - - - -Page469 December 5 , 2016 – 6 00 pm Continued Fee - in - Lieu 392,000 54,400 6,800 - - - - Minors 136 106 Total Lots 206 152 Total Acres 56462 45677 Valid Lots 11,519 Adjustments 297 added , 0 removed never developed or recorded Upon a question by Chairman Jeffrey P Carver , Mr Gray stated minor subdivisions are three lot subdivisions and there has been an increase in the minor subdivisions as well At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray stated staff does have instances where developers or owners of minor subdivisions come back and ask for more lots to be added Mr Gray explained that if the minor subdivision was approved within the last five years and someone requests to add a fourth lot or more , then the subdivision at that point falls into the major subdivision category which must come back to the Planning Board Mr Gray stated when a minor subdivision moves into the major subdivision category , staff recommends to the Planning Board that the access be improved to a right - of - way subdivision street otherwise , the Department of Transportation will not take over the maintenance of the street Mr Gray also stated once the fourth lot is requested , the individual must then provide for open space or pay the fee - in - lieu as well as comply with all the other standards that a major subdivision would have He noted there are occasions where the Planning Board will make an exception when it is a situation involving an extra lot for family , but even in those instances , the fee - in - lieu must be paid At the request of Commissioner Cookie Pope , Mr Gray stated staff can provide information to the Board that would pinpoint the locations of the larger subdivisions in the County 4 Manager Reports and Comments A Proposed Revolving Decal Program County Manager Rick Hester informed the Board of a proposed revolving solid waste decal program idea Mr Hester explained that currently , the decal program runs with the fiscal year but citizens can purchase a decal later in the year at a prorated cost He stated staff has proposed a change to the program whereby citizens can purchase a decal at any time during the year for the full price and the decal would then be good for the entire year Mr Hester presented an example of what the new decal would look like to the Board Mr Hester stated staff would like to proceed with the idea as a pilot program beginning in January Mr Hester recognized Solid Waste Director Rick Proctor and Sandy Mills who manages the business operations for Public Utilities and Solid Waste in the audience for additional questions or information Following brief discussion , it was the consensus of the Board for staff to move forward with the new revolving decal program in January B Cooperative Extension – Assistance to Wilson County County Manager Rick Hester recalled that a couple years ago , Johnston County Cooperative Extension Director Bryant Spivey assisted Sampson County on a limited basis , approximately one day per week , while they searched for a new Director after their Director had retired Mr Hester stated the District Cooperative Extension Director is now asking for Mr Spivey to provide that same transition assistance to Wilson County for a few months while they search for a new Director Mr Hester stated the arrangement would be similar to the assistance that was provided to Sampson County with Mr Spivey dedicating approximately one day per week to Wilson County until they hire a new Director Upon a question by Commissioner Ted G Godwin , Cooperative Extension Director Bryant Spivey reported that Wilson County’s Director is scheduled to retire at the end of the year and he is agreeable to assisting them on a temporary basis but wanted to make sure the Johnston County Board of Commissioners have no objections At the inquiry of Commissioner Keith Branch , Mr Spivey explained that the majority of the Cooperative Extension employees are NC State University employees but the County cost shares on those positions with most being covered at 50 although it varies based on the position Mr Spivey stated he along with his staff feel they are responsible to both the County and the University , but their customers are the people of Johnston County Page470 December 5 , 2016 – 6 00 pm Continued Commissioner Branch asked what would happen if there was an issue such as a worker’s compensation claim while Mr Spivey was working in Wilson County and who would be the responsible entity Mr Spivey responded that for himself and his agents , the University would handle issues with worker’s compensation claims but the support staff would be handled by the County although he is unsure why there is a difference Following further discussion , there were no objections by the Board for Mr Spivey to assist Wilson County on a temporary basis C Johnston County Schools Request County Manager Rick Hester explained that Johnston County Schools is requesting the Board to approve them transferring funds from their own fund balance to cover costs associated with Hurricane Matthew in the amount of 15 million The funds are to be used to repair replace vehicles , equipment , furniture , and facilities that were damaged during Matthew Commissioner Keith Branch spoke on the damage that Johnston County Schools received to some of their facilities as a result of Hurricane Matthew Commissioner Branch explained that although there was no flood insurance , there was some flood coverage ; however , the deductibles are extremely high and separate for the actual structure and the contents Commissioner Branch reported that when looking at flood insurance over a period of time , considering the cost of flood insurance versus how far apart Johnston County has events like Hurricane Matthew , Johnston County Schools is still better off just paying for the damages versus paying the high cost of flood insurance annually He noted the Facilities Services Building property was not damaged during Hurricane Floyd in 1999 like it was during the recent Hurricane Matthew and even if it had been , those events were 17 years apart At the inquiry of Commissioner Allen L Mims , Jr , Commissioner Branch reported there were quite a few vehicles at the Facilities Services Building that were flooded Chairman Jeffrey P Carver asked how many buildings were affected Commissioner Branch reported the Facilities Services Building was totally damaged and they lost the entire Print Shop and all its equipment Commissioner Branch stated there were some other facilities that received minor damages , but the Facilities Services Building was the worst Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board voted to approve Johnston County Schools transferring monies from their fund balance in the amount of 15 million to their current expense and then subsequent transfer to capital outlay for Hurricane Matthew related damage D Approval of Public Officials Bonds tabled from the 10 00 am meeting Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to approve the following public officials bonds , increasing the Tax Administrator’s bond to 250,000 so long as the cost for that increased amount does not exceed 1,000 Amount of Policy Position Official Name Bond Number Effective Dates Tax Administrator Sheila Garner 250,00000 2965516 01 01 14 - 02 28 17 Social Services Dir Tina Corbett 55,00000 2463590 05 19 16 - 05 19 17 Sheriff Steve Bizzell 60,00000 3548642 12 07 14 - 12 07 18 Register of Deeds Craig Olive 60,00000 2647210 12 01 16 - 12 01 17 Blanket Bond All employees 50,00000 2244175 12 01 14 - 12 01 18 County Manager Rick J Hester 500,00000 2244175 12 01 14 - 12 01 18 Clerk to the Board Paula Woodard 500,00000 2244175 12 01 14 - 12 01 18 Finance Officer J Chad McLamb 500,00000 2244175 12 01 14 - 12 01 18 Asst Finance Officer Tyson Radford 500,00000 2244175 12 01 14 - 12 01 18 Economic Dev Director Chris Johnson 100,00000 2244175 12 01 14 - 12 01 18PagePage pageNumber5471 December 5 , 2016 – 6 00 pm Continued E Grant Funding – Sheriff’s Office County Manager Rick Hester reported that Sheriff Steve Bizzell applied for a 2016 Edward Byrne Memorial Justice Federal Grant in June of 2016 to purchase twelve Smith & Wesson rifles to complete the assignment of this equipment to all deputies in the Patrol Division Mr Hester stated the grant funding is in the amount of 11,793 which will allow for the purchase of the rifles and the Sheriff has received a verbal commitment of these funds Mr Hester stated Sheriff Bizzell asked him to enter a memo of official notification of the grant funding into the minutes of the Board of County Commissioners as part of the rules set forth in obtaining the federal grant funds by the US Department of Justice , Bureau of Justice Assistance The Chairman accepted the memorandum below as part of the minutes F Western Johnston Regional Water and Sewer Authority County Manager Rick Hester and County Attorney Jennifer Slusser reported that the Western Johnston st Regional Water and Sewer Authority held an organizational meeting on November 21 Ms Slusser stated at that meeting , the Authority approved the bylaws which called for a fifth member to be jointly appointed by both the Town of Clayton and Johnston County Ms Slusser stated it is her understanding that Bobby Parker has been suggested as the fifth member and has indicated he is willing to serve in that role Ms Slusser noted the Town of Clayton supports the appointment of Mr Parker as the fifth member Ms Slusser continued that with regards to the two appointments representing the County which are currently held by former Commissioners Tony Braswell and DeVan Barbour who were Chairman and Vice Chairman respectively for the County Commissioners at the time of creation , when things were originally set up for the Authority , the conversation at that time centered around sitting Commissioners serving on the Authority Ms Slusser stated as the creating documents were being drafted , it was talked about that at some point in the future , sitting Commissioners did not necessarily have to represent the County and that it could be community members or others Ms Slusser explained there are a lot of things happening with the Authority at this point and Mr Braswell had asked for the new Board of Commissioners to make a determination as to what it would like to do moving forward with those two appointments Ms Slusser noted that both Mr Braswell and Mr Barbour have done an excellent job representing the County on the Authority Ms Slusser added that the two appointments representing the County are the Board of Commissioners ’ appointments and they can appoint whomever they please Ms Slusser advised that if the Board of Commissioners would prefer to keep the Chairman and Vice Chairman , as was originally discussed in July , serving as the Authority members representing the County then she would recommend the Board make a motion to remove Mr Braswell and Mr Barbour from the Authority and then appoint Chairman Jeffrey P Carver and Vice Chairman Ted G Godwin PagePage pageNumber6472 December 5 , 2016 – 6 00 pm Continued Commissioner Ted G Godwin stated Mr Braswell and Mr Barbour had indicated to him that to expedite the process of getting the Authority started they were willing to serve in those roles at the beginning , but with their planned retirements off the Board , they expected a change Appointment of Fifth Member Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board recommended the appointment of Bobby Parker as the fifth member on the Western Johnston Regional Water and Sewer Authority Appointment of Two Members Representing Johnston County Commissioner Larry Wood moved the Board remove Tony Braswell and DeVan Barbour from the Western Johnston Regional Water and Sewer Authority and replace them with Chairman Jeffrey P Carver and Vice Chairman Ted G Godwin Commissioner Allen L Mims , Jr seconded the motion which carried unanimously G Buffalo Road Property – Proposed Public Safety Center Complex County Attorney Jennifer Slusser updated the Board on the Land Option Agreement for the Buffalo Road Property Ms Slusser recalled that per the Board’s directive at the November meeting , she began moving forward with getting a written option to purchase completed for the property Ms Slusser stated the draft option document is now prepared and no action is required by the Board ; however , she wanted to review the terms and answer any questions Ms Slusser stated within the terms of the option , the consideration is 1,000 and she appreciates the property owner’s Frank Lee willingness to work with the County on that number Ms Slusser continued that the option is set to expire on July 31 , 2017 and the County would have until the end of August to close Ms Slusser reviewed the provisions in the option with regards to accessing the property for the necessary inspections and testing noting that any damages to the property based on the County’s negligence or misconduct will be paid for by the County She noted the option calls for the seller to reasonably participate and assist the County with regards to the rezoning of the property and provide the County with any information he has that relate to soil reports , title work , and other similar items Ms Slusser stated regarding the terms and conditions of the sale , she believes that Paragraph 8 meets the Board’s intent from their action in November as it is conditioned upon the suitability of the property for the County’s intended purposes that the County would determine in its sole discretion She stated the purchase price is 23,000 per acre for the 68 acre parcel of land and it would be a cash closing Ms Slusser explained that Sections C , D , E , F , G , and H under Paragraph 8 cover language regarding the necessary zoning and other permits that may be required from governmental authorities sufficient to allow the County to construct the complex and is typical standard option language Ms Slusser called to the Board’s attention Paragraph 9 which was requested by Mr Lee that says once all the contingencies and conditions are taken care of that the County will close on the property Ms Slusser stated the remainder of the agreement is typical standard language that is used for options Ms Slusser concluded her review by stating that she believes the option as drafted meets the Board’s intention from the action taken in November but she did want to make sure that Paragraph 9 was called to the Board’s attention with regards to the satisfaction of the conditions and contingencies Ms Slusser noted the motion that passed in November stated the purchase would be subject to due diligence , soil testing , and the rezoning which she believes the document is consistent with , but she wanted to review the language with the Board and answer any questions Chairman Jeffrey P Carver stated to him , Paragraph 9 solidifies the document and he expressed concerns that there is a lot of due diligence that needs to be done first Chairman Carver stated he feels Paragraph 9 was an add - on Commissioner Chad M Stewart asked does the option as drafted represent the intent of the Board’s action from November Ms Slusser stated the document is consistent with the motion that was passed in November ; however , typically in an option contract , the buyer can choose to exercise the option for any reason and is not necessarily locked in to close which is why she wanted to bring Paragraph 9 to the Board’s attention PagePage pageNumber7473 December 5 , 2016 – 6 00 pm Continued Commissioner Ted G Godwin stated an option gives the buyer the right to buy the property but not the obligation to buy and to him Paragraph 9 changes that Commissioner Godwin asked what is the next step in the process Ms Slusser responded the next step in the process would be for the option document to be executed in whatever form the County intends to do Ms Slusser noted that she asked for Paragraph 9 to be stricken from the document , but Mr Lee was not inclined to do that At the inquiry of Commissioner Stewart , Ms Slusser stated the motion by the Board in November was to accept an offer of an option to purchase at 23,000 per acre for the 68 acre parcel contingent upon due diligence , soils testing , and rezoning Ms Slusser stated the agreement as proposed is consistent with that motion , but typically with an option , the buyer has the right to close or not to close Ms Slusser noted Paragraph 8 does provide some flexibility in the contract in that it says the seller and the County agree that the actual sale of the property is conditioned upon the suitability of the property for the County’s intended purposes and the County shall determine in its sole discretion that the property is suitable for the County’s intended purposes Ms Slusser stated she believes that if the County does the due diligence and then believes the site is not suitable for the intended purpose , then the County can choose not to close She explained that suitability , among other things , would be related to whether or not the County can get the structure to fit on the property to meet the intended use Motion to Authorize Staff to Execute Option Striking Paragraph 9 failed Commissioner Ted G Godwin moved the Board authorize staff to execute the option striking Paragraph 9 Commissioner Allen L Mims , Jr seconded the motion Discussion Commissioner Chad M Stewart stated he disagrees with striking any language from the option as Ms Slusser has said that she believes the agreement is consistent with his motion from November Commissioner Cookie Pope also disagreed with striking the language Commissioner Larry Wood asked Ms Slusser to define “ sole discretion ” as it relates to the option Ms Slusser stated “ sole discretion ” for the County in this case would mean that it would be the County’s decision whether or not the property is suitable for the intended purpose At the inquiry of Commissioner Wood , Ms Slusser confirmed that the County gets to decide how the building is arranged on the property and if the property is unsatisfactory for that arrangement , then the County can choose not to close Commissioner Ted G Godwin stated he feels Paragraph 9 invites legal action should the Board exercise Paragraph 8 Chairman Jeffrey P Carver stated Mr Lee’s attorney asked for Paragraph 9 and he considers it to be an add - on Commissioner Stewart stated he was clear in his motion in November and that due diligence can be a broad topic Commissioner Stewart stated in the option , Mr Lee is asking for the Board to stay with the original intent from the motion in November Commissioner Pope commented that the language in the option states that all the conditions and contingencies as set forth in Paragraph 8 must be satisfied which was the intent of the Board Commissioner Stewart stated he feels the Board will be getting away from the original intent in November if Paragraph 9 is taken out The motion failed by the following vote Ayes Commissioners Jeffrey P Carver , Ted G Godwin , and Allen L Mims , Jr Nays Commissioners Cookie Pope , Chad M Stewart , Keith Branch , and Larry WoodPagePage pageNumber8474 December 5 , 2016 – 6 00 pm Continued 5 Board Reports and Comments A Reminder of the Kenly Fire Department Annual Breakfast Chairman Jeffrey P Carver reminded everyone of the Kenly Fire Department’s annual breakfast being th held on Sunday , December 11 at 8 00 am B Hwy 70 Corridor Commission Representation Commissioner Ted G Godwin stated former Chairman Tony Braswell had been serving on the Hwy 70 Corridor Commission , but he has resigned that position Commissioner Godwin stated it has been suggested that Planning Director Berry Gray assume that appointment on the Commission representing the County Commissioner Godwin stated he needed to check the bylaws from the Commission to see if there are any special requirements for the appointments and would bring it back to the Board in January There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Chad M Stewart 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