August 13, 2001 - 7:00 pm - County Board of Commissioners Meeting Minutes

10 657 August 13 , 2001 Recessed and Special Sessions The Johnston County Board of Commissioners resumed regular session of the August 6 , 2001 meeting on Monday , August 13 , 2001 at 6 30 pm and held a special session at 6 45 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , John R Massey , Finance Officer , and J Mark Payne , County Attorney In addition , members of the Smithfield Town Council and Library Board of Trustees were present THE CHAIRMAN CALLED THE RECESSED MEETING TO ORDER 1 Belks Building Project The Board again discussed the proposed Belks Project with architect , Bill McClurg , and Town of Smithfield Council members and staff Commissioner Fred Smith noted the most recent information shows that with a shift of cost , funds will be moved out of the Library’s furniture reserve into the contingency fund He asked how this reserve deficit would be reimbursed County Manager , Rick Hester , explained the Library will either cover this with their own funds or come back to both boards for assistance Commissioner Smith then asked who would be the lead agency in negotiating change orders and working with the architect on the project Smithfield Manager , Pete Connet , stated that with the County’s greater financial interest in the project , the town would have no problem with the County Manager taking the lead responsibility He stressed , however , with the loan being in the town’s name , it is important that he and Mr Hester work closely together on the project Concerning change orders , he pointed out the contingency fund should take care of most of them Commissioner Allen L Mims , Jr noted the HVAC system proposed seems to be an expensive one for the project Mr McClurg explained he looked at feasibility , economics and longevity in choosing this system The structure of the building would make a less expensive rooftop system difficult and costly to install This system should last 35 to 40 years , and over the long term be economical as well Following further discussion , Commissioner Thomas M Moore moved the Board accept the following negotiated low bids for the Belks Project Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote General Contract - Hargis Construction 912,000 Plumbing Contract - ABC Plumbing 56,083 Electrical Contract - Emsco Electrical 351,400 Sprinkler Contract - Crawford Sprinkler 86,000 Mechanical Contract - Central Heating & A C 697,400 The Smithfield Town Council also voted to accept the bids on the project Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adjourned the recessed meeting 6 45 PM SPECIAL MEETING CALLED TO ORDER The Chairman noted the purpose of the special meeting is to hold a public hearing on the refinancing of existing debt and financing the cost of acquiring land near the County Landfill , referred to as the Refunding Certificates of Participation Issue Page658 Public Hearing 6 45 pm - Refunding Certificates of Participation Issue The Chairman opened the public hearing There being no public comments , the Chairman closed the public hearing Following the hearing the Board discussed a proposed resolution authorizing the Refunding Certificates of Participation COP’s issue to proceed Commissioner Cookie Pope stated she would like more time to review the document and moved the adoption of the resolution be tabled at this time Commissioner W Ray Woodall seconded the motion Discussion Bond Counsel , William McBride , and Darrell Hill with Davenport & Company , offered to answer any questions the Board might have Commissioner Fred Smith noted this is a complicated financial transaction , and asked the Chairman to consider appointing a committee to meet with Mr McBride and Mr Hill to review the document , and then bring a recommendation back to the Board Board members agreed and Commissioners Pope and Woodall withdrew their motion and second Chairman Langdon appointed himself , Commissioner Fred Smith and Commissioner Allen L Mims , Jr to serve on a committee to meet with the Bond Counsel and a financial consultant to review the proposed refunding COP’s resolution August 13 , 2001 7 00 pm - Regular Meeting The Johnston County Board of Commissioners met in regular session , Monday , August 13 , 2001 , at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Wade M Stewart , Allen L Mims , Jr , Thomas M Moore , Fred Smith and W Ray Woodall Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Closing of Lee Road Kenneth Stevenson , 128 Red Star Lane , Clayton , spoke to the Board about the closing of Lee Road at the intersection of Barber Mill Road Mr Stevenson stated the NCDOT closed the road in May without a public hearing , and without notifying the citizens in the area and 911 emergency personnel He noted this has created a hardship for people in his community since they have no other convenient access to Barber Mill Road When he contacted State officials , he was told the Board of Commissioners requested the road be closed due to the safety concerns at the intersection He presented a petition with a number of signatures asking the Board to request the road be reopened He pointed out at this time , no asphalt has been removed Thomas Adcock , 159 Pay Day Lane , Clayton , stated he has had several heart attacks and is concerned about the extra time it takes for EMS personnel to reach him if needed He noted that recently he had a fire at his home , and local firemen were delayed in responding because they had not been told that the road was closed Others that spoke in favor of having the road reopened were Ernestine Devine , 120 Pay Day Lane , Delores Werner , 123 Pay Day Lane , and Gretchen Harvey , 124 Pay Day Lane Board members explained that NCDOT came to the Commissioners on November 2000 and again in January 2001 asking them to concur with the closing due to the intersection being dangerous At that time , DOT officials assured the Board that the people in the area , as well as emergency services personnel , had no problem with the closing The Board agreed to look into this matter immediately Page659 2 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - August 3 , 2001 and August 10 , 2001 - In the Smithfield Herald - Certified letters were mailed to adjoining property owners on August 2 , 2001 and notices posted at the locations on July 31 , 2001 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 555 Petition to rezone approximately 1 acre located on Old Beulah Road SR 1934 in O’Neals Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Donald Ray Johnson and Ella Mae Johnson Dave Roesler , Interim Planning Director , indicated the property on the GIS Map and noted that it is located near the three - way intersection of Beulah , Old Grapevine , and Creech Church Roads The surrounding zoning is Agricultural Residential Donald Ray Johnson , 515 Old Dam Road , presented a petition signed by surrounding neighbors stating they are not opposed to the rezoning He noted he plans to rebuild cars by using the working parts from two or more salvaged vehicles of the same make and model Teresa Young , 114 Old Grapevine Road , adjacent property owner , voiced concern about the environmental impact on the nearby creek and the overall effect on the appearance of the neighborhood She noted there is not much room on the lot and she would hate to see stripped cars end up in the creek Braxton Pittman of Wilson stated he owns the farm across from this property , and even though he no longer lives in the community , he is concerned about the impact this business would have on the appearance of the neighborhood He noted Mr Johnson owns business property at another location that does not present a good appearance He pointed out an adjoining trailer park has already decreased the value of the land and feels this would degrade it further Mr Roesler stated the Planning Board recommended denial due to there being no commercial business in the area and the environmental concerns He pointed out his staff and the Planning Board are particularly cautious about recommending approval of this kind of business considering the number of complaints almost daily about junked vehicles Commissioner Wade M Stewart asked how close the nearest residence is to the site It was noted there is a house across the road and one on the adjoining property behind this lot The Chairman Recessed the Rezoning Public Hearing Decision On Rezoning Case 555 Case 555 Petition to rezone approximately 1 acre located on Old Beulah Road SR 1934 in O’Neals Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Donald Ray Johnson and Ella Mae Johnson Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Fred Smith and carried by unanimous vote , the Board denied rezoning case 555 for owners and applicants , Donald Ray Johnson and Ella Mae Johnson of approximately 1 acre located on Old Beulah Road SR 1934 in O’Neals Township from Agricultural Residential to General Business - Special Use District The Chairman Re - Opened the Rezoning Public Hearing Case 556 Petition to rezone approximately 68 acres located on NC 42 West in Cleveland Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Charles Edward West and Debby S West Mr Roesler indicated the property on the GIS Map and noted it is located at the intersection of NC42 and Cornwallis Road near I - 40 Several subdivisions are located in the area The surrounding zoning is Interstate Highway , Industrial , General Business , Community Business , Planned Unit Development and Agricultural Residential The request is for rezoning to General Business Special Use District , however , no special use permit is requested at this time Page660 Charles E West , Jr , 4000 NC 42 , Garner , stated he and his wife do not plan to sale their home at this time , but want the property rezoned commercial to make it easier to sell should they decide to do so in the future He noted with the explosion of commercial growth in the neighborhood , it is unlikely he could ever market it as residential Board members pointed out the commercial zoning would narrow his options and also add to his property taxes Mr West responded he was willing to take the risk Debbie West , informed the Board both she and her husband feel their property needs to be rezoned commercial in order for it to be marketable , and feel the timing is right to do so at this time Mr Roesler stated the Planning Board recommended approval to General Business - Special Use District , with the understanding the developer would address the special use at a later date The Planning Board based their decision on the emerging commercial corridor and the property being of such a size that it would probably limit any high traffic volume user The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 556 Case 556 Petition to rezone approximately 68 acres located on NC 42 West in Cleveland Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Charles Edward West and Debby S West Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 556 for owners and applicants , Charles Edward West and Debby S West of approximately 68 acres located on NC 42 West in Cleveland Township from Agricultural Residential to General Business - Special Use District The Chairman Re - Opened the Rezoning Public Hearing Case 557 Petition to rezone approximately 37726 acres located on Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential to General Business Owners and Applicants Son - Lan , Shipwash , LLC Mr Roesler pointed out the property on the GIS Map and noted it is located near the I - 40 42 Interchange Surrounding zoning is Interstate Highway District , Agricultural Residential and Community Business There are a number of subdivisions located nearby Sonny Johnson , 341 Sonny Road , Clayton , stated he and his partners have been looking for land near the interchange that would accommodate a smaller business This property is in a good location , affordable and suitable for the type of company that would bring more employers to Johnston County He asked the Board to approve the rezoning to General Business Commissioner Allen L Mims , Jr asked if they plan to run sewer to the property and noted the pipeline back to Clayton has limited capacity He suggested once the capacity is used , there would be expensive land with assess to sewer with no available capacity Mr Johnson responded they would like to have sewer and are hoping to attract a company that would meet the County’s requirements for assistance He noted he owns much of the vacant property in the area , and if the right opportunities come and more capacity is needed , he felt sure whatever was necessary would be done to provide sewer service Commissioner Fred Smith stated , in his opinion , a tract that large without sewer would not be the right direction for our County to move He suggested that developers need a long - term vision and strongly suggested Mr Johnson provide sewer service to the property Brian Parrish , 755 Old Drugstore Road who owns the adjoining property , voiced concern about protecting his farm He asked what type of business could be put on the property , what type of buffer would be required , and what protection he would have from environmental pollution He noted there have already been some drainage problems PagePage pageNumber5661 Chairman Langdon informed Mr Parrish the rules and regulations in the Development Ordinance provide protection against environmental or drainage concerns As to the type of buffer , the Planning staff will make sure that is done properly , and he can obtain a list of permitted businesses for that type of zoning from the County Planning Department Mr Roesler stated the Planning Board recommended approval There being no further cases , the Chairman closed the Rezoning Public Hearing Decision on Rezoning Case 557 Case 557 Petition to rezone approximately 37726 acres located on Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential to General Business Owners and Applicants Son - Lan , Shipwash , LLC Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 557 for owners and applicants , Son - Lan , Shipwash , LLC of approximately 37726 acres located on Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential to General Business 3 Public Hearing - Special Use Permit Requests Advertised - August 3 , 2001 and August 10 , 2001 - In the Smithfield Herald - Certified letters were mailed to adjoining property owners on August 2 , 2001 and notices posted at the locations on July 31 , 2001 There were no cases to be heard at this public hearing since Case 555 was not approved for rezoning 4 Call For Public Hearing - Proposed Amendment to Development Ordinance Municipal Transition Districts MTD’s Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Fred Smith and carried by unanimous vote , the Board scheduled a public hearing for September 10 , 2001 at 7 00 pm to set boundaries on MTD’s and instructed staff to invite the towns to attend Board Reports and Comments The Board briefly discussed the following issues lt; Schedule for having ordinances codified lt; Requirement for all roads to be paved There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman ____________________________ Joyce H Ennis , Clerk to the BoardPage