July 10, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 559 Meeting of the Johnston County Board of Commissioners July 10 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 10 , 2006 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , John R Massey , Finance Officer , J Mark Payne , County Attorney , and Deva Holt , Deputy Clerk 1 Public Comments No one spoke at this time 2 Zoning Officials Week Proclamation Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adopted the following proclamation declaring July 30 - August 5 , 2006 as Zoning Officials Week ZONING OFFICIALS WEEK July 30 – August 5 , 2006 WHEREAS , the North Carolina Association of Zoning Officials was established on January 16 , 1981 ; and WHEREAS , the mission of the North Carolina Association of Zoning Officials is to encourage and promote the technical and legal quality of administration to all of those engaged and interested in the field of Zoning Administration and Zoning Enforcement in the State of North Carolina ; to aid in furthering public understanding and awareness in Zoning ; and to speak as a representative of Zoning Administration and Zoning Enforcement in the State of North Carolina To see that the private citizens and officials are more accurately informed as to reputable practices and interpretations of zoning problems involving the administration and enforcement of local Zoning Ordinances ; and WHEREAS , the North Carolina Association of Zoning Officials has worked diligently for the past 25 years to expand resources , and to sponsor and develop a comprehensive system of quality Zoning education for Zoning Officials across the State of North Carolina ; and WHEREAS , the anniversary of the North Carolina Association of Zoning Officials will be celebrated in 2006 during the Association’s Annual Conference in Asheville , North Carolina ; and WHEREAS , the Board of Directors of the North Carolina Association of Zoning Officials , representing the th membership of the Association , respectfully requests that , in this year and future years , the week beginning on July 30 and th continuing through August 5 be set aside so that Zoning Officials across the State of North Carolina may be publicly recognized for their participation and dedication and for their contributions of time and expertise toward the improvement of Zoning Administration and Enforcement ; and WHEREAS , we recognize the many valuable contributions made by Zoning Officials and extend our heartfelt thanks for the continued commitment to public service th NOW , THEREFORE , BE IT RESOLVED THAT , in this year and in future years , the week beginning July 30 and th continuing through August 5 is hereby designated as “ Zoning Officials Week ” in the County of Johnston 3 Public Hearing – 6 00 pm - Development Agreements Advertised June 23 , 27 , 2006 The Smithfield Herald The Chairman opened the public hearing , and stated the purpose of the hearing is to hear public comment on a proposed amendment to the Johnston County Code of Ordinances - Section 14 - 235 through 14 - 247 , which provides an option for the County to enter into development agreements with developers Berry Gray , Interim Planning and Zoning Director , informed the Board the proposed amendment is a result of enabling legislation passed by the NC General Assembly in January 2006 , which afforded jurisdictions the ability to enter into development agreements with developers The agreements would be voluntary The Planning Board recommended approval of the proposed amendment Commissioner Allen L Mims , Jr commented the development agreements would be similar to economic incentive grants but in reverse County Manager Rick Hester added the development agreements would be a tool for the future Page560 July 10 , 2006 - 6 00 pm Continued County Attorney Mark Payne noted that he would not expect to see a lot of agreements in the next few months , however , approval of the proposed amendment is the first step in the process There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adopted the following amendment all new text to the Johnston County Code of Ordinances - Section 14 - 235 through 14 - 247 DIVISION 6 DEVELOPMENT AGREEMENTS Sec 14 - 235 Authorization for development agreements The Johnston County board of commissioners finds that a Large scale development projects often occur in multiple phases extending over a period of years , requiring a long - term commitment of both public and private resources b Such large - scale developments often create potential community impacts and potential opportunities that are difficult or impossible to accommodate within traditional zoning processes c Because of their scale and duration , such large - scale projects often require careful integration between public capital facilities planning , financing , and construction schedules and the phasing of the private development d Because of their scale and duration , such large - scale projects involve substantial commitments of private capital by developers , which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development e Because of their size and duration , such developments often permit communities and developers to experiment with different or non - traditional types of development concepts and standards , while still managing impacts on the surrounding areas f And , to better structure and manage development approvals for such large - scale developments and ensure their proper integration into local capital facilities programs , Johnston County needs the flexibility in negotiating such developments Therefore , per GS 153A - 3791 through 153A - 37913 , the board of commissioners may enter into development agreements with developers , subject to the procedures and requirements of this ordinance In entering into such agreements , the board of commissioners may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law This authorization of Development Agreements is supplemental to the powers conferred by the State upon local governments and does not preclude or supersede rights and obligations established pursuant to other laws regarding building permits , site - specific development plans , phased development plans , and or other provisions of law Sec 14 - 236 Definitions The following definitions apply in this Division a Comprehensive plan The comprehensive plan , land use plan , small area plans , neighborhood plans , transportation plan , capital improvement plan , official map , and or any other plans regarding land use and development that have been officially adopted by the governing board b Developer A person , company , or other entity , including a governmental agency or redevelopment authority , that intends to undertake any development and who has a legal or equitable interest in the property to be developed c Development The planning for or carrying out of a building activity , the making of a material change in the use or appearance of any structure or property , or the dividing of land into two or more parcels Development , as designated in a law or development permit , includes the planning for , and all other activity customarily associated with , that activity , use or appearance , and or division of land , unless otherwise specified When appropriate to the context , development refers to the planning for or the act of developing or to the result of development Reference to a specific operation is not intended to mean that the operation or activity , when part of other operations or activities , is not development Reference to particular operations is not intended to limit the generality of this item d Development permit A building permit , zoning permit , subdivision approval , special or conditional use permit , variance , or any other official action of Johnston County having the effect of permitting the development of property e Governing body The board of county commissioners of Johnston County f Land development regulations Ordinances and regulations enacted by the appropriate governing body for the regulation of any aspect of development and includes zoning , subdivision , or any other land development ordinances g Laws All ordinances , resolutions , regulations , comprehensive plans , land development regulations , policies , and rules adopted by Johnston County affecting the development of property , and includes laws governing permitted uses of the property , density , design , and improvements h Property All real property subject to land use regulation by Johnston County and includes any improvements or structures customarily regarded as a part of real property i Local government Johnston County and any other regulatory entity that exercises authority over and or grants development permits for land development or that provides public facilities j Local planning board Any planning board established pursuant to GS 153A - 321 k Person An individual , corporation , business or land trust , estate , trust , partnership , association , two or more persons having a joint or common interest , State agency , or any legal entity Page561 July 10 , 2006 - 6 00 pm Continued l Public facilities Major capital improvements , including , but not limited to , transportation , sanitary sewer , solid waste , drainage , potable water , educational , parks and recreational , and health systems and facilities Sec 14 - 237 Approval of development agreements Only the Board of Commissioners of Johnston County may approve a development agreement on behalf of the county Other government entities may also be party to the development agreement The board of commissioners may establish procedures and requirements , as provided in this Division , to consider and enter into development agreements with developers Sec 14 - 238 Minimum acreage and maximum durations of agreements The property that is the subject of a development agreement must contain at least 25 acres of developable property exclusive of wetlands , mandatory buffers , unbuildable slopes , and other portions of the property which may be precluded from development at the time of application All development agreements shall be of a term specified in the agreement and shall not exceed 20 years Sec 14 - 239 Public hearing Before entering into a development agreement , the board of commissioners shall conduct a public hearing on the proposed agreement , following the procedures set forth in GS 153A - 323 regarding zoning ordinance adoption or amendment The notice for the public hearing must specify the location of the property subject to the development agreement , the development uses proposed on the property , and must specify a place where a copy of the proposed development agreement can be obtained In the event that the development agreement provides that the local government shall provide certain public facilities , the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development such as meeting defined completion percentages or other performance standards Sec 14 - 240 Contents of the development agreement ; major modification requires public notice and hearing A development agreement shall include at least all of the following a A legal description of the property subject to the agreement and the names of its legal and equitable property owners b The duration of the agreement However , the parties are not precluded from entering into subsequent development agreements that may extend the original duration period c The development uses permitted on the property , including population densities and building types , intensities , placement on the site , and design d A description of public facilities that will service the development , including who provides the facilities , the date any new public facilities , if needed , will be constructed , and a schedule to assure public facilities are available concurrent with the impacts of the development e A description , where appropriate , of any reservation or dedication of land for public purposes and any provisions to protect environmentally - sensitive property f A description of all local development permits approved or needed to be approved for the development of the property , together with a statement indicating that the failure of the agreement to address a particular permit , condition , term , or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements , conditions , terms , or restrictions g A description of any conditions , terms , restrictions , or other requirements determined to be necessary by the local government for the public health , safety , or welfare of its citizens h A description , where appropriate , of any provisions for the preservation and restoration of historic structures i The development agreement shall provide a development schedule , including commencement dates and interim completion dates at no greater than five year intervals ; provided , however , the failure to meet a commencement or completion date shall not , in and of itself , constitute a material breach of the development agreement pursuant to GS 153A - 3798 but must be judged based upon the totality of the circumstances j If more than one local government is made party to an agreement , the agreement must specify which local government is responsible for the overall administration of the development agreement The development agreement also may cover any other matter not inconsistent with this Division A development agreement may include the following a A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time b The development agreement may include other defined performance standards to be met by the developer The developer may request a modification in the dates as set forth in the agreement Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement Any major modification of the terms of the development agreement shall not be permitted without the publishing of a public notice and the conduct of a public hearing of the same form and content as were required for the original development agreement Sec 14 - 241 Law in effect at time of agreement governs development ; exceptions Unless the development agreement specifically provides for the application of subsequently enacted laws , the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement Page562 July 10 , 2006 - 6 00 pm Continued a Except for grounds specified in GS 153A - 3441 e , a local government may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement b In the event State or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement , the local government may modify the affected provisions , upon a finding that the change in State or federal law has a fundamental effect on the development agreement , by ordinance after notice and a hearing c This section does not abrogate any rights preserved by GS 153A - 344 or GS 153A - 3441 , or that may vest pursuant to common law or otherwise in the absence of a development agreement Sec 14 - 242 Periodic review to assess compliance with agreement ; material breach by developer ; notice of breach ; cure of breach or modification or termination of agreement At least once every 12 months , the planning director or designee shall review the status of the development to ascertain its level of compliance with the agreement Within sixty 60 days of the mailing of the compliance report of the planning director or designee to the developer , the developer must demonstrate a plan for , or progress toward , good faith compliance with any non - compliance or deficiency indicated in the report a If , after these sixty 60 days , the local government finds and determines that the developer has committed a material breach of the terms or conditions of the agreement , the local government shall serve notice in writing , within the next thirty 30 days , upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination , and providing the developer a reasonable time in which to cure the material breach That reasonable time shall not exceed one hundred eighty 180 days b If the developer fails to cure the material breach within the time given , then the local government unilaterally may terminate or modify the development agreement ; provided , the notice of termination or modification may be appealed to the board of adjustment in the manner provided by GS 153A - 345 b Sec 14 - 243 Amendment or cancellation of development agreement by mutual consent of parties or successors in interest A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest Sec 14 - 244 Validity and duration of agreement entered into prior to change of jurisdiction ; subsequent modification or suspension a Except as otherwise provided by this Part , any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement , or eight years from the effective date of the change in jurisdiction , whichever is earlier The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction b A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement , or the residents of the local government , or both , in a condition dangerous to their health or safety , or both Sec 14 - 245 Developer to record agreement within 14 days ; burdens and benefits inure to successors in interest Within 14 days after a local government enters into a development agreement , the developer shall record the agreement with the register of deeds The burdens of the development agreement are binding upon , and the benefits of the agreement shall inure to , all successors in interest to the parties to the agreement Sec 14 - 246 Applicability to local government of constitutional and statutory procedures for approval of debt In the event that any of the obligations of the local government in the development agreement constitute debt , the local government shall comply , at the time of the obligation to incur the debt and before the debt becomes enforceable against the local government , with any applicable constitutional and statutory procedures for the approval of this debt Sec 14 - 247 Relationship of agreement to building or housing code A development agreement adopted pursuant to this Division shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of the local governments planning , zoning , or subdivision regulations Secs 14 - 248 through 14 - 250 Reserved 4 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – June 30 , July 4 , 2006 Certified letters were mailed to adjoining property owners on June 29 , 2006 , and notices posted at the locations on May 5 , 2006 The Chairman opened the Rezoning Hearing for Case 06 - 15 Case 06 - 15 Petition to rezone from Agricultural Residential AR to Community Business Special Use District CB - SUD the front 2294 acres of the 1020 acre tract located at 476 Jumping Run Road SR 1118 , which is approximately 1 3 mile west of its intersection with Holly GrovePagePage pageNumber5563 July 10 , 2006 - 6 00 pm Continued Church Road SR 1113 Tax ID 09G15005M Applicant Claude Randall Randy Jones Owner Maxine Jones Berry Gray , Interim Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone from Agricultural Residential AR to Community Business Special Use District CB - SUD the front 2294 acres of the 1020 acre tract located at 476 Jumping Run Road SR 1118 , which is approximately 1 3 mile west of its intersection with Holly Grove Church Road SR 1113 He noted the Planning Board recommended approval of the rezoning request for Case 06 - 15 Ricky Hall , 492 Jumping Run Road , Dunn , Applicant’s son - in - law , supported the rezoning and special use requests , and stated there is a need for this type of service in the community He noted there was no opposition at the Planning Board meeting There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 15 Decision on Rezoning Case 06 - 15 Case 06 - 15 Petition to rezone from Agricultural Residential AR to Community Business Special Use District CB - SUD the front 2294 acres of the 1020 acre tract located at 476 Jumping Run Road SR 1118 , which is approximately 1 3 mile west of its intersection with Holly Grove Church Road SR 1113 Tax ID 09G15005M Applicant Claude Randall Randy Jones Owner Maxine Jones Commissioner DeVan Barbour moved the Board approve rezoning case 06 - 15 , from Agricultural Residential AR to Community Business Special Use District CB - SUD the front 2294 acres of the 1020 acre tract located at 476 Jumping Run Road SR 1118 , which is approximately 1 3 mile west of its intersection with Holly Grove Church Road SR 1113 Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 15 Case 06 - 15 Application to allow for a country store ; selling gasoline , LP gas , groceries , and general merchandise Applicant Claude Randall Randy Jones Owner Maxine Jones Those wishing to speak on Special Use Case 06 - 15 were sworn in by the Clerk to the Board Interim Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to allow for a country store selling gasoline , LP gas , groceries , and general merchandise He referred to the petition included in the Commissioners ’ agenda packet , which was signed by 33 residents supporting the request Mr Gray pointed out , since only the front portion of the property has been rezoned , Special Use Condition # 2 specifies the “ Submission of a detailed site plan , showing the ingress egress to the rear portion of the property , for review and approval by the Planning and Zoning Department Staff ” He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 15 on March 7 , 2006 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 • 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 May 16 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 15 and made the following recommendations PagePage pageNumber6564 July 10 , 2006 - 6 00 pm Continued Upon a motion by MrSchulz , seconded by Mr Browder , and carried by a unanimous vote of 8 - 0 , the Johnston County Planning Board voted to recommend approval of the Special Use Permit request , Case 06 - 15 , based on and subject to the following finding of facts and special conditions 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 Small country store located on Jumping Run Road to be built and run following all state , federal , and county codes , regulations and stipulations set forth by this board Staff Recommend only one method of ingress and egress on site to maintain traffic safety Perimeter lighting will promote safety and security of the site 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 Will follow all codes and regulations for fencing , landscaping , and buffering Staff With the presence of industrial zoning to the south and east of the property , this proposed less intense CB development would fit to serve those residents located in the rural residential neighborhood 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 The store’s appearance will be maintained at all times and is needed in the community very badly , nearest gas station is approximately five miles away Staff A grocery and convenience store may be seen as necessary to the community as the nearest convenience store is located at Blackman’s Crossroads In order to maintain the value of adjoining properties , the site will be buffered with vegetative growth 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 Have met requirements by submitting sketch plans showing location and size of building Staff The development of the site will conform to all applicable Land Development Code requirements Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan , showing the ingress egress to the rear portion of the property , for review and approval by the Planning and Zoning Department Staff 3 Installation of at least a Class B buffer along all proposed rezoning lines 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet 4 Hours of operation 5 00 am until 10 pm - 7 days a week 5 If circular drive is permitted by DOT , enter and exit sign must be utilized and posted 6 Lighting should be provided around perimeter of the building , and lighting shall be engineered so as not to shine or reflect onto adjacent properties 7 Signage shall comply with the County Sign Code Mr Gray noted the Planning Board recommended approval of the special use request for Case 06 - 15 Applicant Randy Jones , 476 Jumping Run Road , Dunn , asked the Board to approve his request to build a small gas and grocery store He stated the community needs a store in the area ; the closest store is about four miles away Mr Jones noted that no one had expressed opposition to the request In response to a question from Commissioner Wade M Stewart , Mr Jones stated that he understands and agrees to meet the conditions of the special use permit There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 15 Decision on Special Use Case 06 - 15 Case 06 - 15 Application to allow for a country store ; selling gasoline , LP gas , groceries , and general merchandise Applicant Claude Randall Randy Jones Owner Maxine Jones Based on the following findings of fact with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owner Maxine Jones and Applicant Randy Jones to allow for a country store selling gasoline , LP gas , groceries , and general merchandise at 476 Jumping Run Road SR 1118 , approximately 1 3 mile west of its intersection with Holly Grove Church Road SR 1113 Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 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 ;PagePage pageNumber7565 July 10 , 2006 - 6 00 pm Continued Small country store located on Jumping Run Road to be built and run following all state , federal , and county codes , regulations and stipulations set forth by this board Recommend only one method of ingress and egress on site to maintain traffic safety Perimeter lighting will promote safety and security of the site 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 will follow all codes and regulations for fencing , landscaping , and buffering With the presence of industrial zoning to the south and east of the property , this proposed less intense CB development would fit to serve those residents located in the rural residential neighborhood 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 ; The store’s appearance will be maintained at all times and is needed in the community very badly , nearest gas station is approximately five miles away A grocery and convenience store may be seen as necessary to the community as the nearest convenience store is located at Blackman’s Crossroads In order to maintain the value of adjoining properties , the site will be buffered with vegetative growth 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 has met requirements by submitting sketch plans showing location and size of building The development of the site will conform to all applicable Land Development Code requirements Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan , showing the ingress egress to the rear portion of the property , for review and approval by the Planning and Zoning Department Staff 3 Installation of at least a Class B buffer along all proposed rezoning lines 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet 4 Hours of operation 5 00 am until 10 pm - 7 days a week 5 If circular drive is permitted by DOT , enter and exit sign must be utilized and posted 6 Lighting should be provided around perimeter of the building , and lighting shall be engineered so as not to shine or reflect onto adjacent properties 7 Signage shall comply with the County Sign Code 5 Call for Public Hearing - Land Dedication Amendments Berry Gray , Interim Planning and Zoning Director , requested the Board schedule a public hearing to discuss an ordinance amendment that would allow the County to further provide for orderly growth through land dedication In January 2006 , the NC General Assembly granted this authority to counties He pointed out the Planning Board specified minimum lot and acreage requirements in the proposed amendment Commissioner DeVan Barbour moved the Board schedule a public hearing for the August 14 , 2006 6 00 pm board meeting to discuss proposed amendments to the County Code of Ordinances – Section 14 - 1732 regarding land dedication requirements Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 6 Manager Reports and Comments County Manager Rick Hester announced the Johnston County Planning Staff has received the 2006 National Association of Counties award for Customer Service 7 Cleveland Fire Department Request for First Responder Franchise – Second Vote Emergency Services Director Dewayne West reiterated his comments from the 1 00 meeting , and stated the request is a result of a recommendation from the Emergency Services Advisory Committee to franchise the Cleveland Fire Department as a first responder unit The department previously had a first responder franchise , however , had to cease the service when the number of volunteers dwindled Since that time , the department has trained new volunteers , and would like to re - establish the service to their community Commissioner W Ray Woodall moved the Board grant the franchise to the Cleveland Fire Department to operate as a first responder unit in their district Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 8 Boundary Adjustment – Territories of Clayton & 50 - 210 EMS Depts – Second Vote Emergency Services Director Dewayne West reiterated his comments from the 1 00 meeting , and stated the request is a result of a recommendation from the Emergency Services Advisory Committee to adjust the boundaries of the Clayton and 50 - 210 EMS departments The adjustment would shift the boundary fromPagePage pageNumber8566 July 10 , 2006 - 6 00 pm Continued Cleveland Road Highway 1010 to Swift Creek This would add approximately 450 calls to the 50 - 210 department , balance the call volume between the two departments , and allow for the growth that is anticipated in the Clayton area Mr West noted that within 24 months , Clayton’s call volume would probably return to what it is now even with the adjustment If the Board approves the boundary adjustment , 50 - 210 has agreed to place an EMS unit at the Cleveland Fire Department , which would make response much quicker In response to a question from Commissioner Wade M Stewart , Mr West stated all parties involved had met several times to discuss the boundary adjustment It was his understanding that everyone was in agreement , and stated that he believed this was still the case Commissioner Stewart noted that given Clayton EMS Chief Chris Cangeni’s statement at the 1 00 meeting , some may have thought there was some disagreement among those involved ; however , the Clayton and 50 - 210 chiefs brought the boundary adjustment recommendation to the EMS Advisory Committee Commissioner DeVan Barbour moved the Board approve the boundary adjustment for the Clayton and 50 - 210 EMS departments Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 9 Request for Special Referendum – Malt Beverage - Cleveland Township Item carried over from 1 00 pm meeting Don Wells , Cleveland resident , reiterated his request for a malt beverage township election In response to previous discussion , Mr Wells noted that , since the 1 00 meeting , he received a commitment for 15,000 , to be placed in his attorney trust account within the next two weeks , to cover the cost of the special election Commissioner Allen L Mims , Jr moved the Board approve the following resolution authorizing a Cleveland Township special referendum on the sale of malt beverages Further , he moved the Board schedule th the referendum for September 19 Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour and Tony Braswell Nays Commissioner Wade M Stewart RESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS APPROVING CLEVELAND TOWNSHIP SPECIAL REFERENDUM TO BE HELD SEPTEMBER 19 , 2006 WHEREAS on May 6 , 1997 a malt beverage referendum was conducted in Johnston County wherein voters cast their vote either “ For ” or “ Against ” the “ on - premises ” and “ off - premises ” sale of malt beverages , and wherein the total votes “ for ” allowing such sales cast in the county were 6080 and the total votes “ against ” such sales cast in the county were 6165 , but wherein the number of votes “ for ” such sales cast in the Cleveland precinct were 727 and the number of votes “ against ” such sales cast in the Cleveland precinct were only 228 ; and WHEREAS on September 10 , 2002 a malt beverage referendum was conducted in Johnston County wherein voters cast their vote either “ For ” or “ Against ” the “ off - premises ” sale of malt beverages , and wherein the total votes “ for ” allowing such sales cast in the county were 7812 and the total votes “ against ” such sales cast in the county were 8033 , but wherein the number of votes “ for ” such sales cast in the Cleveland precincts were 884 and the number of votes “ against ” such sales cast in the Cleveland precinct were only 449 ; and WHEREAS Johnston County is a county where ABC stores have heretofore been established by petition pursuant to law ; and WHEREAS the following towns in Johnston County have previously approved the sale of alcoholic beverages Benson population 2923 ? , Clayton population 6973 , Four Oaks population 1424 , Kenly population 1569 , Selma population 5914 , Smithfield population 11510 , and Wilson’s Mills population 1291 ; and WHEREAS the total population of said towns total 31,604 , the total population of Johnston County in 2000 was 121,965 , and thus 2591 of the population in the county reside in towns that have approved the sale of alcoholic beverages ; and WHEREAS Cleveland Township is located in Johnston County , being roughly bounded by Wake County on the West , Dickenson Road on the East , Swift Creek on the North and Middle Creek on the South ; and WHEREAS Voting Precinct 12 North Cleveland precinct and Voting Precinct 31 South Cleveland precinct together have boundaries consistent with the boundaries of Cleveland Township ; and WHEREAS based on the results of the previous two 2 malt beverage referenda referenced above , it appears that the majority of voters in Cleveland Township approve of the sale of malt beverages ; andPagePage pageNumber9567 July 10 , 2006 - 6 00 pm Continued WHEREAS a resident of Cleveland Township acting in good faith appeared before the Johnston County Board of Commissioners and respectfully requested that the said Board allow a special election regarding malt beverages in Cleveland Township only ; and WHEREAS it appears that Johnston County will be reimbursed for the costs it incurs in conducting such a special election ; and WHEREAS the North Carolina General Statutes allow a Township election on alcohol sales upon approval of such an election by the Board of Commissioners , with the results of such election applying only to the Township in which the election was conducted NC Gen Stat § 18B - 600 f ; and WHEREAS such special election must be set by the Board of Elections and must be no sooner than 60 days and no later than 120 days after the approval of the election by the Board of Commissioners is communicated to the Board of Elections NC Gen Stat § 18B - 601 f NOW THEREFORE BE IT RESOLVED that so long as the costs thereof are reimbursed to Johnston County , a special election shall be allowed in Cleveland Township the North Cleveland and South Cleveland precincts only , said special election to be held September 19 , 2006 and special election being a referendum on the following issue To permit the “ on - premises ” and “ off - premises ” sale of malt beverages ? For ? Against 10 Board of Education – Request for Budget Amendment Item carried over from 1 00 pm meeting In response to questions from the 1 00 meeting , Superintendent Dr Anthony Parker presented to the Board a sheet detailing the projects involved in each of the three bond sales for the 2005 School Bond Referendum Secondly , he provided a clarification sheet on the Dixon Road School and West View School specifying the line item costs , and change orders The sheet also outlined the costs of the last elementary school built , West Smithfield Elementary Dr Parker noted that Assistant Superintendent Ann Williams , and Board Members Kay Carroll and Donna White were present at the meeting Assistant Superintendent Ann Williams referred to the information , and noted there were only two change orders at the Dixon Road School 1 General Contractor - floor issues , and 2 Site Work - grading issues In regards to the West View School , there were also two change orders 1 General Contractor , and 2 Mechanical Ms Williams emphasized there have been no additional big money items added , and no contracts have been exceeded with the exception of site work at Dixon Road She further explained the following line items 1 Controls Line Item - the system inside the building that allows energy efficiency This used to be included in the Mechanical line item ; now , called the Controls line item to determine actual expense 2 “ Other ” Line Item - includes survey , building permits , geo - tech and consultant work 3 Equipment Line Item - includes library books , musical instruments , playground equipment , physical education equipment Ms Williams noted the following information Dixon Road West View Total Cost 13,079,835 13,336,496 Budget 11,500,000 11,500,000 1,579,835 needed 1,836,496 needed She reminded the Board that the West View School includes 12 additional classrooms , and noted the cost difference between the two projects is 256,661 This calculates to 21,388 per classroom When the extra 12 classrooms were added to Polenta and McGee’s four years ago , the cost was 13 million for each site In response to a question from Commissioner DeVan Barbour , Ms Williams stated that it costs approximately 47,000 to buy and install each mobile unit In response to a comment from Commissioner Allen L Mims , Jr regarding the projects moved from one bond sale to next , Ms Williams responded that no projects have been stopped because of shifting bond funds She noted that in order to assure that no projects are unfinished JCS has transferred 15 million left over from the Clayton High School project , 204,000 left over from air conditioning five gyms and building four parking lots , 3 million in ADM funds , and 1 million from Technology projects Dr Parker added that it is the intent of JCS to complete all the projects The only project stopped was the plans to build a wing onto East Clayton The parents and citizens in the community requested JCS build a new school instead After looking into the request , JCS designated 700,000 to purchase land to build another school Dr Parker noted the projection of cost is part of the problem , and , in his opinion , no one had any idea that construction cost would increase so much Page0568 July 10 , 2006 - 6 00 pm Continued Ms Williams stated one item that increased the costs of the Pine Level , Cooper and South Smithfield projects is the amount of wiring and plumbing in the kitchens Copper prices increased dramatically , and affected project budgets for each school In response to a comment from County Manager Rick Hester , Dr Parker stated that losing the sales tax reimbursement from the State significantly impacted school systems across the State , including Johnston County He noted JCS is currently researching the issue , and will make a presentation at the next Board of Education meeting In response to a question from Commissioner Cookie Pope , Dr Parker responded Johnston County Schools would lose approximately 300 - 400,000 from construction sales tax , and 13 million total Commissioner Mims stated , in his opinion , the County school system is the County’s , however , he recalled sitting in on financial meetings with bond ratings agencies who looked at the County’s books and saw debt , while the school systems had the associated assets He noted that it would probably clear up the balance sheet to put the schools in the County’s name Dr Parker added that the Board of Education will do whatever is necessary to take advantage of sales tax reimbursements Kay Carroll , School Board member , commented that university colleges are within the State system , and are eligible for sales tax reimbursements In his opinion , the State is taking funds that are due to the County Further , he reiterated the point that even with a model the costs to build schools have significantly increased , and noted this will continue to impact future bond requests Commissioner Mims stated that he thought one of the reasons for using the model schools was to eliminate the need for an architect He requested explanation on the Architect Line Item Ms Williams responded State law requires an architect for each project Further , the architect owns the plans , and the liability of the projects Dr Parker noted the architect fee for model schools is 1 3 to 1 2 of the fee for a newly designed school Motion to Approve Budget Amendments Commissioner DeVan Barbour moved the Board approve the following budget amendments to shift 42 million in 2005 bond funds and to budget 3 million in Average Daily Membership funds from the State Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote School Bonds 375 Million FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 16 63181010 Corinth Holders School 50,46100 16 63181011 Four Oaks Elementary 6,67700 16 63181019 Glendale - Kenly School 23,57200 16 63181040 North Johnston Middle 45,19500 16 63181041 Selma Middle 5,16700 16 63189049 AIG Building 38,11500 16 63181016 Wilson Mills School 34,99600 16 63181018 Cooper Elementary 115,85600 16 63181021 McGee’s Crossroads Elementary 1,580,15900 16 63180510 Land Northwest Middle 927,38300 16 63181023 Technology 1,000,00000 16 63181020 Cleveland Elementary 1,580,78500 16 63181014 Clayton High School 1,500,00000 16 63181039 East Clayton 1,500,00000 TOTAL NET EXPENDITURES 0 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 0 TOTAL NET REVENUE Education ADMPage1569 July 10 , 2006 - 6 00 pm Continued FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 16 63071018 Cooper Elementary 766,62200 16 63071028 Micro - Pine Level Elementary 531,20200 16 63071045 Smithfield Elementary 510,91000 16 63070510 Land & North West Middle 1,002,04100 16 63071020 Cleveland Elementary 255,71100 TOTAL NET EXPENDITURES 3,066,48600 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 16 630732506 State ADM Construction Fund 3,066,48600 3,066,48600 TOTAL NET REVENUE 11 Citizen Concern w Town of Princeton – Retail Water Service Tracy Fields , 4826 US Highway 70A , Princeton , appeared before the Board to follow up on an item from the June 5 , 2006 6 00 pm meeting In June , Mr Fields and his neighbor Marvin Woodard requested the Board’s assistance in a matter between them and the Town of Princeton regarding retail water service Both live outside of the Town’s jurisdiction , yet are paying the Town for retail water service at a higher rate than “ in - town ” and county water customers In their opinion , they should be served by the Brogden Water District , and pay county rates In response to questions from Commissioner Tony Braswell , Mr Fields stated that he had lived at 4826 US Highway 70A , Princeton for four years , and always had Princeton water He noted that his house was built in 1995 , and the previous home owner was served by the Town as well Marvin Woodard informed the Board that he had lived at 4800 US Highway 70A , Princeton for three years When he built his house , the Town of Princeton doubled his son’s and Mr Fields ’ water bills He stated that it cost him 10,000 to run a water line to his home and his son’s home , which is approximately 1,000 ft from Highway 70 ; he gave the County a 30 ft right of way for the 1,000 ft Mr Woodard noted that the Town told him the line was the County’s responsibility to repair if any problems occurred , however , in his opinion , the Town has been receiving payments from residents that should be county customers He and other residents have been working with the Town for a year on the matter Mr Woodard requested that the County take the lines back , and make the residents county customers He stated that he appreciates the Board’s understanding Commissioner Braswell asked how Mr Woodard received a town water meter Mr Woodard replied that when he applied for permits at the County Planning Office , county staff told him to get a meter from Princeton His contractor paid 600 to get the meter from Princeton County Manager Rick Hester stated that it was staff’s recommendation to notify the Town of Princeton that the County would be taking those customers currently in the Brogden Water District and outside of the Town’s jurisdiction , and converting them to Brogden Water District customers Further , Mr Hester recommended that staff look at the County’s relationships with other towns in the area of utilities Commissioner Wade Stewart agreed with Mr Hester’s recommendation , and noted that when the Brogden Water District was drawn these customers were included in the district , and have been in the district ever since Further , he stated that when the County established the Brogden Water District , the Commissioners held a public hearing , and no Town officials came to address the issue He pointed out that if for some reason the district fails , those located in the Brogden Water District , including Mr Woodard and Mr Fields are potentially liable , and additional taxes could be placed on their properties In his opinion , if the residents are going to run that risk , then they should be charged the water district rates , not the town rates In response to questions from Commissioner Braswell , Mr Woodard stated that he believes there are eight customers from his property to the meter location at Bizzell Grove Church Road that are outside the Town’s jurisdiction and paying the Town for water service Mr Fields stated that the Town keeps saying they are contacting the County The last letter he received from the Town noted legal counsel would get together to look into the matter In his opinion , the Town has no jurisdiction Page2570 July 10 , 2006 - 6 00 pm Continued Commissioner Allen L Mims , Jr reiterated Commissioner Stewart’s earlier comments about the public hearing , and noted the adoption of the Brogden Water District negated any agreements from 1980 ’ s Commissioner Stewart added that when the Elevation Water District formed , the Town of Benson appeared before the Commissioners and stated that they were already serving certain folks The district was drawn to accommodate the wishes of the municipality In his opinion , Princeton was afforded the same opportunity when the Commissioners formed the Brogden Water District Motion & Additional Comments Commissioner W Ray Woodall requested to be excused from voting on the matter Commissioner Stewart noted that at least a week ago the Commissioners informed the Princeton Mayor that action would be taken on the item tonight Commissioner Stewart stated that he regretted the Mayor had plans to be out of town tonight He moved that the Board accept the residents in the corridor between Bizzell Grove Church on Highway 70A and east toward Princeton as Brogden Water District customers , and further moved for this to apply to future residents as well Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not Voting Commissioner W Ray Woodall Commissioner Braswell stated , in his opinion , the evidence shows that the intent of the district was for this area to be part of the Brogden Water District Commissioner Stewart commented that the Board understands this has been a very stressful situation for the residents involved , and further , that the Board always tries to be good to the citizens that live in the County and the municipalities 12 Board Reports and Comments A Tax Rates for Fire Districts Commissioner Tony Braswell acknowledged that tax rates for fire districts will be evaluated based on needs , and not held to the 08 cent cap previously used by past Boards B Bonus for County Manager Commissioner Jeffrey P Carver moved the Board approve a one time bonus in the amount of 9,000 for County Manager Rick Hester Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage