June 7, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 860 Meeting of the Johnston County Board of Commissioners June 7 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 7 , 2010 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Chad McLamb , Finance Officer , David F Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – May 26 and June 2 , 2010 Certified letters were mailed to adjoining property owners on May 24 , 2010 Notices were posted at the location on March 29 , 2010 for Case 04 - 28 The Chairman opened the Special Use Hearing for Case 04 - 28 Case 04 - 28 A petition to modify the Special Use Permit as follows original permit allows automotive sales and display The modification is to allow for automotive sales and display , automotive parts sales , beauty nail tanning salon , business retail wholesale , business office , child care facility , medical office , physical fitness center , place of worship , publishing printing , indoor recreation facility , and restaurant Property is currently Zoned GB - SUD and is located at the intersection of Allen Road SR 1516 and Cleveland Road SR 1010 in Cleveland Township Tax ID 06F04021C Owner Applicant Billy Ray Barefoot Those wishing to speak on Special Use Case 04 - 28 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 as follows original permit allows automotive sales and display The modification is to allow for automotive sales and display , automotive parts sales , beauty nail tanning salon , business retail wholesale , business office , child care facility , medical office , physical fitness center , place of worship , publishing printing , indoor recreation facility , and restaurant The property is currently zoned GB - SUD and is located at the intersection of Allen Road and Cleveland Road in Cleveland Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 28 on February 24 , 2010 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements Page861 June 7 , 2010 – 6 00 pm Continued • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On April 20 , 2010 , the Johnston County Planning Board held a public hearing regarding the Modification of the Special Use Permit for Case 04 - 28 and made the following recommendations Upon a motion by Mr Browder to approve the modification request with the added conditions , seconded by Mr DeLaine and carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Modification for Case 04 - 28 at the April 20th , 2010 meeting 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 This site has been in existence for approximately 5 years as GB - SUD , without any known detriment to the community , and will continue to be operated in accordance with welfare of the public in mind Staff The applicant is proposing to use an existing structure The applicant will be subject to special use conditions which will 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 The site was previously approved by all state and county agencies , and will be maintained as approved Staff This existing building meets the setback , access requirements , and complies with the building code , and 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 As stated previously , this site has been in existence for approximately 5 years as GB - SUD and there are numerous existing businesses along this area of NCSR 1010 Staff The location has a current special use permit for automotive sales Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 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 As stated this site was previously approved by Johnston County Staff Applicant’s proposed development will 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 The addition of business and service relation uses Special Use Conditions 1 Permitted Uses Allow for automotive sales and display , automotive parts sales , beauty nail tanning salon , business retail wholesale , business office , child care facility , medical office , physical fitness center , place of worship , publishing printing , indoor recreation facility , and restaurant 2 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 3 The Special Use Permit shall expire with the violation of any Special Use Condition 4 No driveway access onto Cleveland Road 5 Installation of Class B buffer along all zoning parcel property lines , as shown on site plan 6 Operation hours of Monday through Sunday 6 30 am to 10 30 pm 7 Freestanding sign shall be ground or monument sign , no pole sign ; 4 x 6 in size , on poles with space underneath , no higher than 6 to the top ; to DMV minimum requirements ; cannot be in the right - of - way 8 Maximum number of cars for sale 25 9 Child care facility is limited to 21 children 10 There will be no auto repair , no outside storage of any equipment , no storage of inoperable vehicles 11 Lighting will be spotlights on comers of building to light the front area ; no pole lights 12 Any outdoor storage shall be enclosed by an opaque fence 13 Outdoor display for sales shall not encroach into buffer 14 If a daycare facility is chosen here , a liability insurance of at least 1 million is required Mr Gray reported the site was rezoned several years ago and there is an existing 1,500 sq ft building with parking and landscaping on the property He stated the surrounding land uses are zoned Agricultural Residential and used for such purposes ; property to the south is zoned General Business – Special Use District for batting cages , arcades , and a place of worship ; and property to the north is zoned Community Business – Special Use District for small engine repair Mr Gray stated the list of proposed uses appears to be consistent with the area and the existing building without overburdening the parking He stated there is an existing driveway on Allen Road and no driveway is proposed on Cleveland Road Mr Gray listed and reviewed the proposed modifications to the special use conditions with the Board Commissioner Jeffrey P Carver noted the traffic count on Cleveland Road is 12,000 cars per day and asked if the Department of Transportation is requiring additional improvements Page862 June 7 , 2010 – 6 00 pm Continued Mr Gray stated the DOT has preliminarily reviewed the project and has not indicated a turn lane is needed ; however , he stated the DOT would review the project each time a new use is proposed to determine if additional traffic improvements would be needed in the future Merle Hall of Southwind Surveying & Engineering , 201 Glen Road , Garner , representing the owner applicant , stated Mr Barefoot would be leasing the building to an individual that plans to have outdoor furniture sales on the site , but he is requesting a variety of uses in the event another tenant leases the facility in the future with a different use Mr Hall stated the DOT has approved the driveway permit At the inquiry of Commissioner Cookie Pope , Mr Hall stated there is existing pole lighting on the property that was installed by the previous owner ; however , under the current special use conditions if approved , Mr Barefoot would dismantle the pole lights Commissioner Cookie Pope asked why the special conditions would eliminate the pole lighting if it is already in place Mr Gray reported the elimination of the pole lighting was part of the originally approved special use permit ; therefore , the existing lighting installed by the previous owner is not in compliance Mr Gray stated any new uses on the site would have to come into compliance with the special use conditions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 04 - 28 Decision on Special Use Case 04 - 28 Case 04 - 28 A petition to modify the Special Use Permit as follows original permit allows automotive sales and display The modification is to allow for automotive sales and display , automotive parts sales , beauty nail tanning salon , business retail wholesale , business office , child care facility , medical office , physical fitness center , place of worship , publishing printing , indoor recreation facility , and restaurant Property is currently Zoned GB - SUD and is located at the intersection of Allen Road SR 1516 and Cleveland Road SR 1010 in Cleveland Township Tax ID 06F04021C Owner Applicant Billy Ray Barefoot Based on the findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board approve the modification to the special use permit for Case 04 - 28 to allow for automotive sales and display , automotive parts sales , beauty nail tanning salon , business retail wholesale , business office , child care facility , medical office , physical fitness center , place of worship , publishing printing , indoor recreation facility , and restaurant on property currently zoned GB - SUD and located at the intersection of Allen Road and Cleveland Road in Cleveland Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Allow for automotive sales and display , automotive parts sales , beauty nail tanning salon , business retail wholesale , business office , child care facility , medical office , physical fitness center , place of worship , publishing printing , indoor recreation facility , and restaurant 2 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 3 The Special Use Permit shall expire with the violation of any Special Use Condition 4 No driveway access onto Cleveland Road 5 Installation of Class B buffer along all zoning parcel property lines , as shown on site plan 6 Operation hours of Monday through Sunday 6 30 am to 10 30 pm 7 Freestanding sign shall be ground or monument sign , no pole sign ; 4 x 6 in size , on poles with space underneath , no higher than 6 to the top ; to DMV minimum requirements ; cannot be in the right - of - way 8 Maximum number of cars for sale 25 9 Child care facility is limited to 21 children 10 There will be no auto repair , no outside storage of any equipment , no storage of inoperable vehicles 11 Lighting will be spotlights on comers of building to light the front area ; no pole lights 12 Any outdoor storage shall be enclosed by an opaque fence 13 Outdoor display for sales shall not encroach into buffer 14 If a daycare facility is chosen here , a liability insurance of at least 1 million is required Page863 June 7 , 2010 – 6 00 pm Continued 3 RPO TAC Appointments Planning Director Berry Gray explained that the Rural Planning Organization RPO allows for town membership on the Transportation Advisory Committee TAC with one member representing Johnston County , one member representing Smithfield largest town , and two members representing the remaining towns He stated that since only two spots are available for those towns , the Commissioners decided to consider the appointments every year so that all towns could participate , if desired Mr Gray noted currently the Towns of Kenly and Benson hold seats on the committee He stated due to the Vice Chairman position of the TAC being held by the Town of Benson representative and the meeting schedule of TAC being only three to four times each year , Planning Staff recommends the Board consider reappointing the current representatives from the Towns of Kenly and Benson to serve an additional year on the TAC , thereby changing the length of the term limits to two year terms Mr Gray reported the action , if approved , would be consistent with how the other counties in the RPO have appointed their representatives Upon a motion by Commissioner Tony Braswell , seconded by Commissioner DeVan Barbour , and carried unanimously , the Board voted to change the length of the RPO TAC appointees terms to two year terms ; and further , to reappoint the current representatives from the Town of Kenly and Town of Benson to serve an additional year 4 Public Hearing Proposed FY 10 - 11 Budget Reconvened from 10 00 am Meeting The Chairman reconvened the public hearing from the 10 00 am meeting regarding the proposed FY 10 - 11 County budget and called for those interested in addressing the Board to come forward A Johnston Community College Lyn Austin , President of the JCC Board of Trustees , stated the College has always tried to give the County Commissioners a “ bottom line ” budget requesting only the money needed to effectively manage JCC Ms Austin added that this year , out of respect for the fact that the Board of Trustees were aware of the difficult financial situation the Commissioners were facing for the FY 10 - 11 budget , she believes for the first time , the College has given the Commissioners a request that may not cover the bottom line Ms Austin reported the College’s enrollment increased by 21 in the spring from last year’s spring enrollment and she spoke on the costs associated with accommodating the increased enrollment She also reminded the Board that the College will be bringing a new building online in FY 10 - 11 and she asked the Board to consider appropriating the same amount for FY 10 - 11 as was allocated in FY 09 - 10 in the amount of 3,874,661 Chairman Wade M Stewart asked what the College is expecting to receive from the State for FY 10 - 11 Ms Austin indicated that nothing is for certain at the State level ; however , she stated that she believes the State is realizing the importance of what community colleges can do for the economic recovery Ms Austin also informed the Board that for the first time in the 13 years that she has been on the Board of Trustees , the Student Government President relayed concerns by the student body regarding security issues on the campus At the inquiry of Commissioner Allen L Mims , Jr , Dr David Johnson , President of the College , reported that the Town of Smithfield is considering providing the College with two officers ; however , he noted the College would have to pay for the service at approximately 100,000 per year Dr Johnson stated that they are still working with the Town of Smithfield on the issue and it has not been confirmed as of yet County Manager Rick Hester confirmed that the College has requested 3,874,661 for FY 10 - 11 which is the same amount that was allocated in FY 09 - 10 Mr Hester clarified that 3,523,631 is currently proposed in the budget for the College for FY 10 - 11 Dr Johnson stated the College has requested 3,874,661 even though they believe with this amount , they will still be operating in the red He stated the College’s utilities will increase with the new building as well as they anticipate the ever - growing costs to continue with deferred maintenance and technology communications upgrades Commissioner Mims noted that of the requested allocation from the College , only 9,375 pertains to capital outlay needs and he asked how the College planned to address any upkeep or maintenance on their existing facilities PagePage pageNumber5864 June 7 , 2010 – 6 00 pm Continued Dr Johnson responded that the College has not made any plans for FY 10 - 11 with regards to upkeep or continued maintenance on their facilities due to the lack of funding Commissioner Mims stated that a great deal of money has been borrowed in order to construct facilities for the Community College as well as Johnston County Schools and he expressed concern over not setting aside more capital outlay funds to help with the upkeep and maintenance of the facilities Commissioner Mims stated if the facilities are in good shape and do not need repairs then the money does not have to be spent , but he indicated that he does not feel that necessary repairs or other needed maintenance should be postponed Ms Austin stated at one time the College had put aside some funds for maintenance and repairs ; however , she noted that the College has had to use almost all of those funds just to operate during the tough budget times Ms Austin agreed with Commissioner Mims that she too sees the importance of upkeep and maintenance , but she is unsure as to where the money would come from Commissioner Mims commented that he has always felt the Community College does a lot for the County and its citizens and he stated if any additional funds could be found then he believed the College deserved a piece of that funding Commissioner Cookie Pope noted that she has heard from many high school students that they intend on going to Johnston Community College when they graduate Dr Johnson agreed with Commissioner Pope and noted that he too believes the enrollment will continue to increase B Harbor , Inc Terry Dickens , Board of Directors Member for Harbor , addressed the Commissioners and briefly reviewed the types of services provided by Harbor , including transitional housing , domestic violence support groups , court advocacy legal assistance , children’s services , and transportation services She stated Harbor served 2,936 victims in 2009 and she noted that the cost to shelter a woman and two children is 37 per day with the average stay being 90 days Ms Dickens stated Harbor tries to use their money wisely to serve their clients and she asked the Board to consider appropriating funds to support their efforts for FY 10 - 11 She thanked the Board for their past support to the organization County Manager Rick Hester reported Harbor received an appropriation of 7,500 for FY 09 - 10 Keri Christensen , Executive Director for Harbor , thanked the Board for their support to Harbor over the years She stated they are increasingly staying busy with new clients , and she spoke on some of the success stories of previous victims that Harbor has helped Ms Christensen noted that one of the Harbor Board Members is a former client that has been able to move forward in her life and is now able to help other victims Ms Christensen stated that she believes Harbor helps families to overcome their situations and become productive citizens to the County and she asked the Board to continue their support At the inquiry of Commissioner Tony Braswell , Ms Christensen reported their total budget is approximately 500,000 which includes the operating expenses for the thrift stores as well as their income She stated just the program budget is approximately 400,000 Chairman Wade M Stewart thanked the representatives from Harbor for the services they provide He stated that while he wished the funds were available to give more money to all the organizations , the County is limited as to what it can appropriate and the Commissioners would do the best they could C Boys & Girls Club of Johnston County Dawn Winn - Burdo , Board of Directors Member for the Boys & Girls Club of Johnston County , addressed the Board Ms Burdo provided the Board with a handout on their programs and thanked the Commissioners for their past contributions She asked the Board to consider continuing their support for FY 10 - 11 Ms Burdo introduced two young ladies , Kayla and Elizabeth , which regularly participate in activities at the Boys & Girls Club Kayla and Elizabeth each gave a brief speech on what it has meant to them to be able to attend the Boys & Girls Club in Johnston County PagePage pageNumber6865 June 7 , 2010 – 6 00 pm Continued Frank Wood , Vice Chairman of the Board of Directors for the Boys & Girls Club , stated any funds that could be appropriated would be appreciated and would be used to repair their building County Manager Rick Hester stated the FY 09 - 10 appropriation for the Boys & Girls Club was 3,000 Upon a question by Commissioner Tony Braswell , Ms Burdo stated they presently serve 147 youths ages 5 – 15 D Council on Aging County Manager Rick Hester stated the FY 09 - 10 appropriation to the Council on Aging was 252,328 Jane Schirmer , Executive Director for the Council on Aging , asked the Board to consider appropriating , at a minimum , the same amount they received in FY 09 - 10 to cover matches for grant funding as well as to sustain their current level of services for the aging population Ms Schirmer stated the aging population is increasing and although they have received some stimulus funding in the current fiscal year , the stimulus funds will not continue to be available She reported the Council has had to eliminate some of the services they have been offering in the past due to the lack of funding Commissioner DeVan Barbour asked what the total estimated Home and Community Care Block Grant funding will be for FY 10 - 11 as well as the required matching amount Ms Schirmer reported the total Block Grant funding is anticipated at 877,825 with a 10 matching requirement of 87,783 She stated the total estimated grant amount for FY 10 - 11 would be a 245 increase from last year’s funds Ms Schirmer stated in that the Community Care Block Grant funding does not cover all the costs of the Council’s services , she has requested additional funding in the amount of 140,000 for FY 10 - 11 Chairman Wade M Stewart thanked Ms Schirmer for her presentation and stated the Board would take the request under advisement E Johnston County EMS Agencies Rudy Baker , Chairman of the Johnston County EMS Advisory Committee , thanked the Board for their past support to the EMS agencies in the County He stated with the support from the Board , the EMS system has made tremendous enhancements over the years but they still have a long way to go County Manager Rick Hester reported the FY 09 - 10 funding contribution to the EMS agencies was 2,148,908 plus an additional advancement of 54,000 made during the fiscal year Mr Hester stated he has proposed an appropriation of 2,033,908 for FY 10 - 11 Mr Baker stated the advancement of 54,000 was made to help the Princeton and 50 210 rescue squads bring their level of services up and he noted the money is to be repaid to the County from anticipated Medicaid reimbursements Mr Baker reported the EMS Advisory Committee is requesting the Board to appropriate 2,202,908 for FY 10 - 11 He stated the cost of medical supplies has increased by 38 over the last two years as well as additional funds are needed to maintain the ambulances and facilities Mr Baker offered to answer any questions Commissioner Allen L Mims , Jr commented on the 38 increase in the medical supplies and he asked how much of the requested 2,202,908 would be applied to medical supplies Commissioner Mims asked if the Board could see a breakdown of the costs Mr Baker stated that with the help of the Finance Office , EMS can provide a breakdown of the cost of supplies for each agency to the Board F Selma Fire Department Selma Fire Chief Phillip McDaniel , stated the Selma Fire Department has requested the Board to approve a two cent increase to the Selma Fire District tax rate Mr McDaniel informed the Board that as of last week , the Selma Fire Department has been upgraded by the Department of Insurance to a 4 - rated fire department which could allow for significant savings on homeowners insurance for those living in the Selma Fire District PagePage pageNumber7866 June 7 , 2010 – 6 00 pm Continued Commissioner Tony Braswell stated the Selma Fire Department appeared before the Fire Tax Committee consisting of himself along with Commissioners Barbour and Carver Commissioner Braswell reported the Committee will be recommending to the full Board of Commissioners to approve a one cent increase from 8 cents to 9 cents Commissioner Braswell reminded everyone that the increase would have to receive the approval of the entire Board of Commissioners Mr McDaniel stated the Fire Department has made tremendous improvements over the recent years and he noted a one cent increase on the tax rate would help to cover approximately half of the annual debt service payment on the new truck they have recently purchased Commissioner Jeffrey P Carver recalled Mr McDaniel’s comments regarding potential savings on homeowners insurance due to the upgrade in the fire insurance rating for the Selma Fire Department Commissioner Carver spoke on how those savings could more than offset the increase a one cent tax rate increase would add to the property taxes for homeowners Chairman Wade M Stewart noted that property owners of raw land with no dwellings would not see the advantages of lower insurance rates The Board thanked Mr McDaniel for his comments Public Hearing Recessed There being no further comments , the Chairman recessed the public hearing until Wednesday , June 9 , 2010 at 6 00 pm Chairman Stewart announced that the Board would also meet to consider the adoption of the budget on Monday , June 14 , 2010 beginning at 6 00 pm in the Board of Commissioners meeting room , Johnston County Courthouse 5 Manager Reports and Comments A US 70 Highway Commission Membership On the recommendation of County Manager Rick Hester , upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried unanimously , the Board voted to appoint Donald B Rains , Mayor of the Town of Princeton and Peter H Wilson , Councilman for the Town of Wilson’s Mills as voting members of the US 70 Highway Commission and further to retain Commissioner W Ray Woodall and Frank Price , citizen at - large , as voting members B Appointment of Voting Delegate for 2010 NACo & NCACC Annual Conferences It was the unanimous consensus of the Board to designate Commissioner W Ray Woodall as the voting delegate and Commissioner Tony Braswell as the alternate voting delegate for the 2010 National Association of Counties Annual Conference to be held July 16 - 20 , 2010 in Reno - Washoe County , Nevada ; and further , for the 2010 North Carolina Association of County Commissioners Annual Conference to be held August 26 - 29 , 2010 at the Greenville Convention Center in Pitt County , North Carolina Commissioners Woodall and Braswell informed everyone that they have elected to attend the National Association of Counties Annual Conference in Nevada and will be paying for their flight , hotel , and meals out - of - pocket C Call for Public Hearing – Mass Gatherings Ordinance At the request of the County Manager , the Chairman called for a public hearing to be held on July 6 , 2010 at the 6 00 pm meeting to discuss amendments to the Johnston County Code of Ordinances regarding Chapter 18 , Article III Mass Gatherings D Recognition of Clerk to the Board Paula Woodard County Manager Rick Hester reported that Clerk to the Board Paula Woodard has achieved the status of a North Carolina Certified County Clerk to the Board through the North Carolina Association of County Clerks PagePage pageNumber8867 June 7 , 2010 – 6 00 pm Continued The Board congratulated Ms Woodard on the accomplishment 6 Board Reports and Comments A Transportation Committee Commissioner Tony Braswell informed the Board that the next meeting of the Johnston County Transportation Committee would be held on June 21 , 2010 at 1 30 pm in the conference room of the Land Use Center , Smithfield Commissioner Braswell stated that he would be stepping down as Chairman of the st Transportation Committee during the meeting on the 21 and turning it over to Commissioner W Ray Woodall Commissioner Braswell reviewed with the Board some of the topics that would be covered at the next meeting of the Transportation Committee There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 20 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage