May 8, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 137 May 8 , 2000 SPECIAL MEETING 6 45 P M The Johnston County Board of Commissioners met in special session , Monday , May 8 , 2000 at 7 00 pm in the Emergency Operations Center , Johnston County Courthouse Law Enforcement Center , Smithfield , North Carolina , with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Eleanor N Creech , Jerry F Wood , DDS , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board and J Mark Payne , County Attorney The Chairman explained the meeting was moved to the EOC due to a problem with the air conditioning in the Courthouse Annex He called the meeting to order and the following business was transacted 1 Public Hearing - Establishment of Elevation Water District Advertised The Smithfield Herald - April 14 , 21 , 28 , 2000 Posted Elevation Fire Department , Johnny’s Grocery , and Oliver’s Grove Church The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed Elevation Water District H L Sorrell resident of Johnston Road asked the Board to establish the district He noted the people on Benson - Hardee Road have problems with their well and need public water badly Max Denning who lives on Denning Road added his support for the district Engineer Tim Broome presented a map of the proposed district and noted this area is surrounded by and borders existing districts , with only a few exceptions He explained a few areas close to Benson were not included at the town’s request , and the Hwy 301 corridor between Benson and Four Oaks was excluded since there is an existing water main and customers along that line purchase water from the towns He noted all of the areas not covered by this district will have water available through other means There being no further comments , the Chairman closed the public hearing Elevation Township Water District Created The following resolution was introduced RESOLUTION CREATING THE ELEVATION WATER DISTRICT OF JOHNSTON COUNTY WHEREAS , the Johnston County Board of Commissioners hereinafter the Board at its regular meeting on March 6 , 2000 , resolved that a Public Hearing be held , pursuant to NC General Statutes Chapter 162A - 88 et seq , to consider creation of the Elevation Water District of Johnston County ; and , WHEREAS , the Board further resolved that the Public Hearing should be held on Monday , April 3 , 2000 , and directed the appropriate representative of the County to take the necessary actions to hold the Public Hearing ; and WHEREAS , the Board further resolved that the appropriate representatives of the County take the necessary actions to properly notice the Public Hearing as provided by law ; and WHEREAS , pursuant to NC General Statutes Chapter 162A - 86 , a Notice of Public Hearing was prepared stating the date , hour and place of the hearing and its subject and setting forth a description of the territory to be included within the proposed Elevation Water District of Johnston County ; and , WHEREAS , pursuant to NC General Statutes Chapter 162A - 86 , the Notice of Public Hearing was published once a week for three weeks in newspapers that circulate in the proposed district and posted in at least three public places in the district The Notices of Public Hearing were posted and published the first time not less than twenty days before the hearing ; and ,Page138 WHEREAS , a Public Hearing was held at 11 30 am on April 3 , 2000 , in the Commissioners Room , Courthouse Annex , Smithfield , North Carolina at which time taxpayers and all other interested persons appeared and were heard concerning the question of creating the Elevation Water District of Johnston County ; and , WHEREAS , the Board , following the Public Hearing , finds that 1 There is a demonstrable need for providing water services in the district ; 2 The residents of all the territory to be included in the district will benefit from the districts creation ; and 3 It is economically feasible to provide the proposed service or services in the district without unreasonable or burdensome annual tax levies ; and WHEREAS , the Board recognizes that vital matters to be considered in creating the district are the availability of federal funding and the successful issuance of bonds and or notes for the purpose of providing funding to provide water to the district , or portions thereof , and the number of users who contract to purchase water ; and , WHEREAS , the Board finds that the district shall be defined as set forth in the Notices of Public Hearing ; and , WHEREAS , the Board now desires to create the Elevation Water District of Johnston County NOW , THEREFORE , BE IT RESOLVED by the Johnston County Board of Commissioners , as follows 1 It is hereby found that a There is a demonstrable need for providing water services in the district ; b The residents of all the territory to be included in the district will benefit from the districts creation ; and c It is economically feasible to provide the proposed service or services in the district without unreasonable or burdensome annual tax levies ; and 2 The Elevation Water District of Johnston County is thereby created as provided above and the said District is hereby described as follows Beginning at the point of intersection of the southwestern corner of the McGee’s Crossroads Water District and the Harnett County line , said point being the northwest corner of the Antonio Garlindo Rios parcel ; thence generally easterly and southeasterly approximately 65,000 lf along the boundary of the McGee’s Crossroads Water District to the point of intersection with the southwestern corner of the Hopewell - Pisgah Water District ; thence easterly by southeasterly approximately 27,000 lf along the boundary of the Hopewell - Pisgah Water District to the extraterritorial jurisdiction boundary ETJ of the Town of Four Oaks ; thence generally approximately 25,000 lf along the west ETJ boundary of the Town of Four Oaks to a point approximately 500 ft north of the right - of - way of Parker Road SR 1159 ; thence easterly by northeasterly along a line parallel to and 500 lf northeast of the northern right - of - way of Parker Road approximately 5,000 lf to a point 560 lf north of the intersection of the southern right - of - way of Parker Road and the north right - of - way of I - 95 ; thence southeast approximately 1,200 lf to a point in the boundary of the Ingrams Township Water District , said point also lying in the southeastern right - of - way of I - 95 ; thence southwesterly approximately 20,000 lf along the boundary of Ingrams Township Water District to the boundary of the Meadow Water District ; thence approximately 9,800 lf southwest along the boundary of the Meadow Water District to the ETJ boundary of the Town of Benson ; thence generally north and northwesterly approximately 5,900 lf along the Town of Benson ETJ to a point which is 500 lf southeast of the centerline of US 301 ; thence northeasterly approximately 25,500 lf along a line 500 ft southeast and parallel to the centerline of US 301 to a point in the Town of Four Oaks ETJ ; thence northwest approximately 1,000 lf to a point 500 ft northeast of the centerline of US 301 ; thence approximately 18,200 lf southwest along a line 500 ’ northwest and parallel to the centerline of US 301 to a point 500 ft northeast of the centerline of Raleigh Road SR 1330 ; thence northwest approximately 2,900 lf along a line 500 ft northeast and parallel to the centerline of Raleigh Road to a point 500 ft northwest of the intersection of Raleigh Road and Woodall Dairy Road SR 1356 ; thence west approximately 3,700 lf along a line 500 ft north and parallel to the centerline of Woodall Dairy Road to a point in the eastern boundary of Carrie Woods Subdivision ; thence south approximately 300 lf along the boundary of Carrie Woods Subdivision ; thence west approximately 1,400 lf along a line 200 ft north of and parallel to the centerline of Woodall Dairy Road to a point in the western boundary of Carrie Woods Subdivision ; thence north 300 ft along the western boundary of Carrie Woods Subdivision ; thence generally westerly by northwesterly approximately 5,000 lf along a line 500 ft north and parallel to the centerline of Woodall Dairy Road , crossing I - 40 , to a point 500 ft west of the centerline of Federal Road SR 1331 ; thence south approximately 950 lf and southwest approximately 3,000 lf along a line 500 ft west of and parallel to the centerline of Federal Road and NC 242 to a point that is 500 ft west of the centerline of NC 242 ; thence generally westerly approximately 3,800 lf along the northern boundary of Parcel No 01E08040A to the northwest corner of said parcel ; thence north approximately 1,500 lf along the eastern boundaries of Parcels No 01E08039A and No 01E08031B to the northeast corner of Parcel No 01E08031B ; thence west by southwest approximately 2,100 lf along the northern boundaries of Parcels No 01E08031B and No 01E08031C ; thence south approximately 200 lf along the boundaryPage139 of Parcel No 01E08031C ; thence approximately 400 lf southwest along the south boundary of Parcel No 01E08028 to the eastern right - of - way of NC 50 ; thence southwest approximately 2,800 lf crossing the NC 50 right - of - way and following along the northwestern boundary of Parcels No 01E08030 and No 01E08029 to East Mingo Creek ; thence generally south by southwesterly along the centerline of East Mingo Creek approximately 3,800 lf to a point in the Town of Benson ETJ ; thence west approximately 300 lf , south by southwest approximately 3,400 lf , west by northwest approximately 1,600 lf and south approximately 1,400 lf along the Town of Benson ETJ to a point in the Harnett County line ; thence generally northwesterly along the Harnett County line approximately 53,000 lf to the point of beginning ; and including an area lying between I - 40 , NC 242 , and US 301 defined as follows beginning at a point at the intersection of the western right - of - way of I - 40 and the centerline of CSX Railroad ; thence generally north by northwest approximately 6,100 lf along the western right - of - way of I - 40 to a point 500 ft southeast of the centerline of NC 242 ; thence southeast and south along a line 500 ft southeast and south of the centerline of NC 242 approximately 7,100 lf to a point 500 ft south of the intersection of NC 242 and Railroad Road SR 1358 ; thence east and east by southeast approximately 3,700 lf along a line 500 ft south and southeast of the centerline of Railroad Road to the centerline of the CSX Railroad ; thence northeast approximately 1,500 lf along the centerline of the CSX Railroad to the point of beginning 3 The Clerk to the Board is hereby authorized and directed to cause the Resolution to be published once in each of two successive weeks in the newspapers in which the Notices of Public Hearing were published , and in addition thereto cause to be published with the resolution a notice as provided in NC General Statutes Chapter 162A - 87 b The County , and its officers , agents and attorneys are hereby directed to take any further actions as may be required by the laws of the State of North Carolina to perform the matters and things directed by this Resolution th Duly adopted this 8 day of May , 2000 Commissioner Wade M Stewart moved the passage of the foregoing resolution , and Commissioner Allen L Mims , Jr seconded the motion , and the resolution was passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Jerry F Wood , Thomas M Moore , Eleanor N Creech , Allen L Mims , Jr , and Wade M Stewart Nays None Not Voting None 2 Consideration of Settlement Agreement Hartford Accident & Indemnity Co v Johnston County Attorney Mark Payne reviewed with the Board the terms of a proposed agreement on the Hartford Accident and Indemnity Co lawsuit against the County The case involved a dispute with a contractor on the East Clayton Elementary School construction project The settlement would release funds already set aside by the School Board for this project and would not require any County contribution He noted the Board of Education has already reviewed and agreed to accept the terms of the settlement Following discussion , Commissioner Jerry F Wood moved the Board accept the proposed settlement agreement with Hartford Accident and Indemnity Company as presented Commissioner Cookie Pope seconded the motion , which carried by unanimous vote There being no further business , Commissioner Eleanor N Creech moved the Board adjourn special session Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 7 00 pm - Regular Scheduled Meeting The Johnston County Board of Commissioners met in Regular Session , Monday , May 8 , 2000 , 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 , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Page140 Public Comments 1 Boy Scout Troop 77 Welcomed The Board welcomed Boy Scouts from Troop 77 from the First Baptist Church in Smithfield , who were attending the meeting as a part of their effort to earn a badge 2 Animal Control Ordinance - Discussion Mark Clark of Powhatan Subdivision near Clayton asked the Board to adopt the new animal control ordinance He explained he was not aware of the proposed ordinance until he filed a complaint following an incident last weekend when neighborhood rottweilers attacked his daughter’s dog Animal Control officers told him the ordinance would provide them with more enforcement authority Attorney Brad Shultz , who recently moved from Clayton to Beulah Township where he raises and trains hunting dogs , opposed the ordinance He noted that although he understands the concerns expressed by Mr Clark , he feels this ordinance would be an administrative nightmare for the County He pointed out that animal control officers would be called on to make judgements as to what constitutes a public nuisance or what is considered cruelty He stated he conducts pigeon shoots to train his dog and uses electric collars , which is considered an acceptable practice in most places , but might not be acceptable under the new ordinance He asked the Board to rethink this issue before making a final decision Larry Stallings who lives in Foxfire Subdivision also opposed the ordinance and noted that people in his neighborhood communicate with each other if there is a problem with their animals He suggested that government does not need to adopt more rules and regulations 3 Request for Early Incentive Tap - On Rates for McGee’s Crossroads Water District Dan Bowen of Stephenson Road in Elevation Township stated that when the people in the McGee’s Crossroads Water District were offered the early incentive 75 sign up fee , no one canvassed Stephenson Road He and his neighbors were not aware of the opportunity , and now they have been told they will have to pay 600 tap - on fee He asked the Board to consider allowing him and his 12 neighbors on Stephenson Road to sign up for water at the original 75 fee County Manager , Rick Hester , explained the early sign - up period for McGee’s Crossroads was held three years ago when the district was just forming Notices were placed in the local newspaper and posted in the community Also , Community meetings were held , and canvassers from the area were supposed to conduct door to door campaigns of the entire district Unfortunately some areas were not covered as well as others , and in this case Stephenson Road was not canvassed Board members expressed sympathy with Mr Bowen and noted this had happened in other districts ; however , the County must depend on the people in the neighborhood to make the personal contacts Commissioner Wade M Stewart noted he was personally involved with the formation of the Ingrams Township District and stated most canvassers did a good job ; however these are unpaid volunteers and only about 50 of the people were personally contacted door to door The County makes every effort they can to make sure everyone knows about the early sign - up , but if they do not read the newspapers , see local postings or listen to local radio stations , they can be missed He noted the County has traditionally extended the sign up period beyond the original deadline for the purpose of reaching those who might not have heard , but it can only be extended so long Engineer Tim Broome stated that Johnston County uses the early incentive sign - up to determine definite interest in a district Some governmental entities have taken a different approach and formed districts based on a preliminary engineering report In those cases , the 75 fee was kept open for the entire duration until the district is built The problem with that approach is that enough people may not sign up to pay the debt 4 Public Hearing Rezoning and Special Use Permits Advertised - The Smithfield Herald - April 28 and May 5 , 2000 PagePage pageNumber5141 Certified letters were mailed to adjoining property owners on April 27 , 2000 and notices were posted at the locations on April 27 , 2000 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 471 Petition to rezone approximately 92 acres located on NC 39 in O’Neals Township from AR R40 to General Business - Special Use District Owner Robert G Hales ; Applicant Jeff B Hales Cal Genereux , Planning Director , indicated the property on the GIS map and noted it is located near the Wake County line The surrounding zoning is AR R - 40 with a few commercial zonings south of the property Applicant Jeff Hales stated he currently operates a small welding machine shop in Wake County but would like to move his business to Johnston County near his home Mr Genereux noted there was no opposition at the Planning Board meeting and the Planning Board recommended approval The Chairman recessed the rezoning public hearing Decision on Rezoning Case 471 Case 471 Petition to rezone approximately 92 acres located on NC 39 in O’Neals Township from AR R40 to General Business - Special Use District Owner Robert G Hales ; Applicant Jeff B Hales Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 471 for Jeff B Hales of approximately 92 acres located on NC 39 in O’Neals Township from AR R40 to General Business - Special Use District The Chairman opened the Public Hearing on Special Use Permit Requests Those wishing to speak on Cases 471 were sworn in by the Clerk to the Board Case 471 Special use permit application for a small machine fabrication shop , welding and accessory uses to this business on approximately 92 acres located on NC 39 in O’Neals Township Owner Robert G Hales ; Applicant Jeff B Hales Mr Genereux offered as evidence the following information concerning Case 471 Statement of Facts Concerning Rezoning Case # 471 A pre - application hearing was held with the applicant on January 27,2000 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 requirements of the Johnston County Zoning Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentationPagePage pageNumber6142 requirements , Health Department regulations , stormwater and public utility requirements Subsequent to the pre - application conference , 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 March 21 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning to General Business I Special Use District and special use permit based on the following findings of fact and subject to the following conditions Findings of facts 5 The proposed use would provide a necessary service to the immediate community 6 County landscaping and screening requirements would adequately screen the adjacent properties from outdoor storage of materials and other business activities Conditions 1 Operating hours from 7 00 am to 9 00 pm Monday through Saturday 2 Type A landscaping buffer required In discussion , staff explained the type A buffer requirements are less restrictive than type B Mr Hales stated he had no problems with the recommended conditions The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 471 Case 471 Special use permit application for a small machine fabrication shop , welding and accessory uses to this business on approximately 92 acres located on NC 39 in O’Neals Township Owner Robert G Hales ; Applicant Jeff B Hales Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board authorized the Planning Department to issue a Special Use Permit to Jeff B Hales for a small machine fabrication shop , welding and accessory uses to this business on approximately 92 acres located on NC 39 in O’Neals Township based on the following findings of facts and subject to the following conditions Findings of facts 1 The proposed use would provide a necessary service to the immediate community 2 County landscaping and screening requirements would adequately screen the adjacent properties from outdoor storage of materials and other business activities Conditions 1 Operating hours to be 7 00 am to 9 00 pm , Monday through Saturday 2 Type A Landscaping buffer required The Chairman re - opened the Rezoning Hearing Case 475 Petition to rezone approximately 3031 acres located on Landmark Road SR 1538 in Pleasant Grove Township from AR R40 to AR R40 - Special Use District Owner and Applicant CP & L Mr Genereux pointed out the property on the GIS map and noted it is located near the western end of NC 210 There are a number of subdivisions in the area The surrounding zoning is AR R - 40 , R - 30 and AR R - 40 Special Use District Jim Umbdenstock , project engineer with CP & L , stated an electrical distribution substation would be placed on the property Only a small portion , approximately one and one - half acres , would be fenced Mr Genereux stated there was no opposition at the Planning Board meeting and the Planning Board recommended approval PagePage pageNumber7143 The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 475 Case 475 Petition to rezone approximately 3031 acres located on Landmark Road SR 1538 in Pleasant Grove Township from AR R40 to AR R40 - Special Use District Owner and Applicant CP & L Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 475 for CP & L of approximately 3031 acres located on Landmark Road SR 1538 in Pleasant Grove Township from AR R40 to AR R40 - Special Use District The Chairman opened the Public Hearing on Special Use Permits Those wishing to speak on Cases 475 were sworn in by the Clerk to the Board Case 475 Special use permit application for an electrical distribution substation on approximately 3130 acres located on Landmark Road SR 1538 in Pleasant Grove Township Owner and Applicant CP & L Mr Genereux offered as evidence the following information concerning Case 475 Statement of Facts Concerning Rezoning Case # 475 A pre - application hearing was held with the applicant on February 10 , 2000 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 requirements of the Johnston County Zoning Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 March 21 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendation Approval of rezoning to AR R40 Special Use District and special use permit based on the following findings of fact No conditions were recommended Findings of facts 1 This is a public utility that will provide a needed service to the community 2 Only a small portion of a large lot will be used by the applicant 3 Sufficient buffers either exist or are proposed so as to not be disruptive to the neighborhood The Chairman recessed the Special Use Public HearingPagePage pageNumber8144 Decision on Application for Special Use Permit - Case 475 Case 475 Special use permit application for an electrical distribution substation on approximately 3130 acres located on Landmark Road SR 1538 in Pleasant Grove Township Owner and Applicant CP & L Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to CP & L for an electrical distribution substation on approximately 3130 acres located on Landmark Road SR 1538 in Pleasant Grove Township based on the following findings of facts Findings of facts 1 This is a public utility that will provide a needed service to the community 2 Only small portion of a large lot will be used by the applicant 3 Sufficient buffers either exist or are proposed so as to not be disruptive to the neighborhood The Chairman re - opened the Rezoning Hearing Case 476 Petition to rezone approximately 234 acres located on Strickland Road SR 1907 in Wilson’s Mills Township from General Business I to General Business I - Special Use District Owner and Applicant Donny Pounds Mr Genereux indicated the property on the GIS map and noted the acreage requested for rezoning is a portion of a larger tract just off US 70 near Wilson’s Mills The surrounding zoning is AR R - 40 , Light Industrial , Highway Overlay District , R - 10 and commercial He noted the Town of Wilson’s Mills has indicated they are not opposed to the rezoning Surveyor Dennis Lee , who has an office in Smithfield , stated he was representing Joe Dunnahoo who was unable to attend the meeting He offered to answer any questions the Board might have Mr Genereux noted there was no opposition at the Planning Board meeting and the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 476 Case 476 Petition to rezone approximately 234 acres located on Strickland Road SR 1907 in Wilson’s Mills Township from General Business I to General Business I - Special Use District Owner and Applicant Donny Pounds Upon a motion by Commissioner Jerry F Wood , and seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 476 for Donny Pounds of approximately 234 acres located on Strickland Road SR 1907 in Wilson’s Mills Township from General Business I to General Business I - Special Use District The Chairman re - opened the Special Use Permit Hearing Those wishing to speak on Cases 476 were sworn in by the Clerk to the Board Case 476 Special use permit application for a mini - storage facility on approximately 234 acres located on Strickland Road SR 1907 in Wilson’s Mills Township Owner and Applicant Donny Pounds Mr Genereux stated most of the property is located in the general business district , but a mini - storage facility is not an allowable use for that zoning designation He offered as evidence the following information concerning this case Statement of Facts Concerning Rezoning Case # 476PagePage pageNumber9145 A pre - application hearing was held with the applicant on February 18 , 2000 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 requirements of the Johnston County Zoning Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 March 21 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning to General Business I Special Use District and special use permit based on the following findings of fact and with the following conditions Finding 1 The use would provide a service to the immediate neighborhood and surrounding area Condition 1 Type A buffer around the site Mr Genereux noted the Town of Wilson’s Mills asked that no flea markets be allowed ; which staff agreed should not be a problem since they would not be allowed with a special use permit In response to a question from Commissioner Mims regarding outside storage , he noted the entire operation would require an 8 solid fence or opaque landscaping The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 476 Case 476 Special use permit application for a mini - storage facility on approximately 234 acres located on Strickland Road SR 1907 in Wilson’s Mills Township Owner and Applicant Donny Pounds In discussion , Commissioner Eleanor N Creech asked that a condition be added that flea markets not be allowed , since the Town of Wilson’s Mills made that request Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Donny Pounds for a mini - storage facility on approximately 234 acres located on Strickland Road SR 1907 in Wilson’s Mills Township based on the following findings of fact and subject to the following conditions Findings of facts 1 The use will provide a service to the immediate neighborhood and surrounding area Conditions 1 Type A buffer around the site 2 No flea markets allowed The Chairman re - opened the Rezoning Hearing Case 478 Petition to rezone approximately 295 acres located on Peele Road SR 1571 in SmithfieldPage0146 Township from AR R40 to Industrial 2 - Special Use District Owner and Applicant Frank E Howard Assistant Planning Director , Dave Roesler , pointed out the property on the GIS map and noted it is located near Little Creek Church Road in an area with several small subdivisions Cooper Branch runs through the parcel The surrounding zoning is AR R - 40 , R - 30 , General Business and some commercial The proposed Clayton Bypass will be north of the property Applicant Frank Howard of Clayton stated he purchased the property last year with the intent of building a house In the process of cleaning the site he planned to fill the low ravine with the trees and other land debris that would need to be cleared off the property He then decided he could open the area as a stump dump , make a little money to offset his cost , and level his land at the same time He cleaned the debris from Cooper Branch , which is located at the end of the ravine , and was not aware that he was violating any rules He pointed out that since the hurricanes , the government has been paying to have streams cleaned , and he cleaned that section of the Branch for free He noted the area should be filled within two years , considering about 15 truck loads per day , and would keep this debris from being carried to the County Landfill Construction work is in the area , and the nearest stump dump is over eleven miles away In discussion he stated he plans to follow the existing contour of the land , which will allow proper drainage He noted he would not oppose a stipulation that the property be rezoned AR R - 40 when the area is filled Calvin Edgerton with Southland Development opposed the rezoning He stated he owns Elmwood Subdivision , which is adjacent to the property , and feels this rezoning would hurt his investment and lower the property value of his lots Wade Boswell , who lives on Peele Road near the property , also opposed the rezoning He voiced traffic concerns since the road is narrow and stated , in his opinion , the access driveway to the site was put in improperly He also noted the dust and noise associated with a landfill does not belong in a residential area He stated Mr Howard has broken several laws already including the disturbance of the required 50 buffer on both sides of Cooper Branch , which is considered a blue line stream The State Division of Water Quality has visited the site and informed Mr Howard the buffer must be replaced He asked the Board to deny the request Mike Burrow , who originally owned Elmwood Subdivision before selling it to Southland Development stated he still owns property in the area and feels this rezoning would have a negative effect on property values He questioned who would monitor what is buried , and pointed out the property is in an environmentally sensitive area , subject to many rules and regulations He asked the Board to deny the rezoning Mr Roesler stated the Planning Board recommended denial due to the access and traffic , disruption to existing neighborhood , and the lack of need for the facility in the area since there are already two similar facilities in the Clayton area He pointed out if the rezoning is approved and the special use permit authorized , the applicant would still have to get a permit from the State before he could operate the facility The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 478 Case 478 Petition to rezone approximately 295 acres located on Peele Road SR 1571 in Smithfield Township from AR R40 to Industrial 2 - Special Use District Owner and Applicant Frank E Howard Commissioner Thomas M Moore moved the Board deny rezoning case 478 for Frank E Howard of approximately 295 acres located on Peele Road SR 1571 in Smithfield Township from AR R40 to Industrial 2 - Special Use District Commissioner Jerry F Wood seconded the motion Discussion Page1147 Commissioner Allen L Mims , Jr stated with enough restrictions , he could support the request for rezoning since this would keep the debris out of the County landfill and would benefit the community Commissioner Cookie Pope agreed and noted this type of landfill has been approved for others Commissioner Wade M Stewart also stated he would support this as he believes people should have personal rights to use their property Commissioner Eleanor N Creech commended Mr Howard for pulling the debris out of the creek and noted as an agricultural use he can proceed with putting his own debris in the ravine She asked about the stage of development of the Elmwood Subdivision and was told it was near completion , however , all the lots have not been sold Commissioner Thomas M Moore stated his concern was the site being opened to the public as a business Following further discussion , the Chairman called the question The motion failed by the following vote Ayes Jerry F Wood and Thomas M Moore Nays James H Langdon , Jr , Eleanor N Creech , Cookie Pope , Allen L Mims , Jr and Wade M Stewart Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 478 for Frank E Howard of approximately 295 acres located on Peele Road SR 1571 in Smithfield Township from AR R40 to Industrial 2 - Special Use District The Chairman re - opened the Special Use Permit Hearing Those wishing to speak on Cases 478 were sworn in by the Clerk to the Board Case 478 Special use permit application for a land clearing inert debris site on approximately 295 acres located on Peele Road SR 1571 in Smithfield Township Owner and Applicant Frank E Howard Mr Roesler offered as evidence the following information concerning Case 478 Statement of Facts Concerning Rezoning Case # 478 A pre - application hearing was held with the applicant on February 24 , 2000 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 requirements of the Johnston County Zoning Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 March 21 , 2000 , the Johnston County Planning Board held a public meeting regarding thisPage2148 case and made the following recommendations by a vote of 6 to 1 Denial of rezoning to Industrial 2 Special Use District The Board discussed various conditions that would be placed on this permit if approved Calvin Edgerton asked that the applicant be required to meet all buffers for visual impact on the community Following further discussion , the Chairman recessed the Special Use Public Hearing Decision on Application For Special Use Permit - Case 478 Case 478 Special use permit application for a land clearing inert debris site on approximately 295 acres located on Peele Road SR 1571 in Smithfield Township Owner and Applicant Frank E Howard Upon a motion by Commissioner Allen M Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Frank E Howard for a land clearing inert debris site on approximately 295 acres located on Peele Road SR 1571 in Smithfield Township based on the following findings of facts and subject to the following conditions Findings of Facts 1 The proposed use would provide a needed service in the county and community 2 Topography of the site will limit visibility from the road Conditions 1 Work hours - 7 30 am - 5 30 pm week days 2 Gravel drive 36 by 100 to be addressed on regular basis 3 Site to be rezoned back to AR R40 when the ravine is filled 4 Operation of LCID subject to receipt of state permit 5 At night , trucks not permitted on the premises and equipment to be parked in the ravine so it will not be visible 6 Riparian buffer that has been disturbed must be put back immediately 7 Maximum limit of 2 years of operation after Mr Howard obtains state permit Case 479 CASE WITHDRAWN 04 - 27 - 00 - Petition to rezone approximately 10 acres on Zack’s Mills Road SR 1319 in Pleasant Grove Township from AR R40 to General Business l Owners and Applicants Joy Anita Jones and John Richard Somogyi The Chairman re - opened the Rezoning Public Hearing Case 480 Petition to rezone approximately 1161 acres located off US 301 Highway in Smithfield Township from Office - Institutional to General Business I - Special Use Permit Owner and Applicant A W Rhodes Mr Roesler pointed out the property on the GIS map and noted the tract is located near Holt Lake between Smithfield’s ETJ and Four Oaks ’ ETJ The surrounding zoning is AR R - 40 , R - 30 , Interstate Highway District , Office and Institutional and General Business He showed the orthophoto of the area pointing out the commercial development and stated the access road to the property from Highway 301 ends next to this parcel , even though the original plat shows it connecting to Old Country Club Road It was noted there are no plans to build the remaining portion of the road Bob Spence , speaking on behalf of the property owner , stated the applicant wishes to put a plumbing office on the site with no outside storage except for some trucks and equipment He showed pictures of the surrounding businesses and stated this rezoning would be consistent with the area The adjacent property owners do not object to the rezoning The property next to this lot is vacant and the site plan shows the business will be heavily screened and buffered In response to a question from Commissioner Allen L Mims , Jr , the applicant , A W Rhodes , stated there would be no problem with the road ending at his property He only needs a place to park his vehicles and a small office He employs ten people and will keep his material at the site Mr Roesler stated the Planning Board recommended approval of the rezoning Page3149 The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 480 Case 480 Petition to rezone approximately 1161 acres located off US 301 Highway in Smithfield Township from Office - Institutional to General Business I - Special Use Permit Owner and Applicant A W Rhodes Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 480 for A W Rhodes of approximately 1161 acres located off US 301 Highway in Smithfield Township from Office - Institutional to General Business I - Special Use Permit The Chairman re - opened the Special Use Permit Hearing Those wishing to speak on Cases 480 were sworn in by the Clerk to the Board Case 480 Special use permit application for a plumbing contractor’s business office on approximately 1161 acres located off US 301 Highway in Smithfield Township Owner and Applicant A W Rhodes Mr Roesler offered as evidence the following information concerning Case 480 Statement of Facts Concerning Rezoning Case # 480 A pre - application hearing was held with the applicant on February 15 , 2000 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 requirements of the Johnston County Zoning Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 March 21 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning to General Business I Special Use District based on the following findings of fact and placed the following conditions Findings of facts 1 Surrounding land uses are commercial in nature 2 Sufficient restrictions are placed on the applicant to ensure conformity with the character of the neighborhood Conditions 1 No outside storage 2 Eight vehicles and four pieces of equipment Page4150 3 Operating hours shall be 7 00 am to 7 00 pm 4 Type B landscaping buffer Bob Spence noted this would be a commercial plumbing operation and the applicant will not store much inventory at the site There will be no exterior storage of parts , and the area will be screened where the trucks are parked Some retail parking space will be in front of the building , which will be mainly a place for his workers to park , and or the occasional person who comes to see him about a job The Chairman Closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 480 Case 480 Special use permit application for a plumbing contractor’s business office on approximately 1161 acres located off US 301 Highway in Smithfield Township Owner and Applicant A W Rhodes Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to A W Rhodes for a plumbing contractor’s business office on approximately 1161 acres located off US 301 Highway in Smithfield Township based on the following findings of facts and subject to the following conditions Findings of facts 1 Surrounding land uses are commercial in nature 2 Sufficient restrictions are placed on the applicant to ensure conformity with the character of the neighborhood Conditions 1 No outside storage 2 Eight vehicles and four pieces of equipment 3 Operating hours 7 00 am - 7 00 pm Monday through Saturday 4 Type B landscaping buffer 7 Case 477 - Request for Renewal of Permit Case 477 Application for renewal of Special use permit for a mini - storage facility on approximately 275 acres located on Loop Road SR 1706 in Wilders Township Owners Larry Boyette and Kay Boyette ; Applicant S Vann Sauls Mr Genereux informed the Board this case is for a renewal of a special use permit for Larry and Kay Boyette for a mini - storage facility in Wilders Township The original permit expired in October Surrounding zoning is AR R - 40 and some R - 30 Kay Boyette , who lives on Loop Road near the site , stated she and her husband did not realize the permit had expired They hired Southwind Surveying to work on the site plan , which was approved in July They did not realize the building permit had not been issued Several setbacks with contractors , bad weather , as well as illness in the family , caused delays in the project , however , a great deal of money and time has been spent by the applicants She asked the Board to renew the special use permit so they can finish the project Mr Genereux stated the Planning Board recommended approval Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board authorized the Planning Department to renew the special use permit , retroactive to the date of expiration , for Larry and Kay Boyette for a mini - storage facility on approximately 275 acres located on Loop Road SR 1706 in Wilders Township 8 Award of Bid - Air Compressor for Fire Departments The Board reviewed the following bids received on April 26 , 2000 for a new air compressor systemPage5151 for the fire departments Staff has recommended award of contract to the low bidder Star Air Systems , Greensboro , NC 42,90244 Safe Air Systems , Inc , Randleman , NC 46,96450 Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board awarded a contract to low bidder , Star Air Systems , of Greensboro in the amount of 42,90244 for the Air Compressor to be used by the County’s fire departments 9 Rescinding of Motion and Subsequent Motion Concerning Stormwater Ordinance Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board rescinded the motion of May 1 , 2000 to adopt the proposed Stormwater Ordinance Upon a motion by Commissioner Allen L Mims , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved Public Utilities submittal of the proposed revised stormwater ordinance to the NC Department of Environment and Natural Resources , Division of Water Quality , for State approval , with the understanding the proposed ordinance , once it has been accepted by the State , will be brought back to the Board for a scheduled public hearing and consideration for adoption 10 Second Vote - Animal Control Ordinance Having heard comments earlier in the evening about the proposed animal control ordinance , the Chairman asked Attorney Mark Payne if the document is as clear as it needs to be in relation to the concerns that were raised Mr Payne responded the issues addressed earlier are not impacted by the proposed ordinance as they are unchanged from the existing document Our definition of “ cruelty ” is consistent with other similar animal ordinances , and further defining will be done by the courts He noted it is always the discretion of the enforcement officers whether a violation has occurred Commissioner Allen L Mims , Jr noted that animal control personnel are sworn officers who are expected to use good judgement and common sense In the past they have been trying to protect the people without the necessary tools to carry out their job He stated he would not expect to see every dog on a leash under the new ordinance , just under someone’s control The County is growing , including more animals , and law enforcement might have to grow in order to provide adequate protection He voiced support for adopting the ordinance , and pointed out it can be amended at a later date if needed Commissioner Wade M Stewart stated , in his opinion , the revised ordinance is not needed He noted he would be opposed to the County spending more tax dollars for the agency to enforce this , and feels it is the responsibility of the people to work animal problems out among themselves He pointed out that government can not solve everyone’s problems , and once an officer arrives on the scene , the animal will most likely be gone and it becomes one person’s word against another Commissioner Thomas M Moore pointed out the Board should either adopt the new ordinance or rescind the existing one since it lacks enough authority to be effective Commissioner Eleanor N Creech voiced concern that the proposed ordinance might need further study before adoption She noted this Board , or a future Board will have to address the additional staffing concerns that will result Commissioner Cookie Pope stated she also had questions after hearing Mr Shultz’s comments Following further discussion , Commissioner Allen L Mims , Jr moved the Board approve on second vote , the Revised Animal Control Ordinance Commissioner Thomas M Moore seconded the motion , which carried by the following vote AyesJerry F Wood , Allen L Mims , Jr , Thomas M Moore and James H Langdon , Jr NaysEleanor N Creech , Cookie Pope , Wade M StewartPage6152 11 Uniform Development Ordinance Dave Roseler directed the Board’s attention to a memo dated April 28th in which he outlined the recent changes proposed for the development ordinance including open space and duplex dwelling units He also went over the mobile home standards that would establish that homes manufactured prior to 1976 would be considered nonconforming , and homes manufactured later than January 1 , 1993 could neither be moved within Johnston County of come in from another county He noted the 1976 date was chosen because homes manufactured prior to that date do not have the safety features of later models Developer Fred Smith asked for clarification on duplex dwelling units He suggested the County consider a duplex unit the same as a single family home since two units with two bedrooms each are essentially the same as a four bedroom single family home The Board again discussed open space requirements and who would be responsible for maintenance , and who would pay property taxes Developer Sonny Johnston suggested that open space needs to be centrally located He stated developers should be able to purchase and dedicate land as open space , as long as the vacant property is in the same geographic area as the development This would allow larger tracts to be set aside rather than multiple small areas Fred Smith stated the worse thing the County could do is require open space in the middle of a developers land that he can’t touch , but for which he has to pay taxes He suggested the County should dedicate open space to homeowners ’ associations with the understanding they do not have to pay taxes on the property but must maintain it This is a marketing tool for large , upscale developments , and if the association does not maintain it properly , the owners values will decrease In developments where this is not feasible , there should be a fee in lieu paid with every building permit and put in a County trust fund to buy land that can be used now by the towns and communities , and later for parks and recreation , if and when the County begins a program He maintained the decision should be up to the developer The County could stipulate that a homeowners association must be established if open space land in a development is dedicated Dave Roseler stated , in his opinion , the ordinance leaves enough room for flexibility so that no one will be penalized He pointed out the Zoning Map Ordinance will also have to be changed since zoning classifications will change in some incidents After further discussion , Chairman Langdon stated he would like to see the full ordinance with all the revisions before voting Attorney Mark Payne noted the Board will need to determine a dollar figure for the fee in lieu , and decide whether the decision should be left to the developer or at the County’s discretion The Chairman asked Board members to contact him with suggestions and recommendations Board Reports and Comments 12 Call for Public Hearing on Budget The Board scheduled a public hearing on the 2000 - 2001 County Budget for May 30 , 2000 at 7 00 pm in the Commissioners ’ meeting room 13 School Board - Budget Chairman Langdon noted the School Board is requesting the Commissioners allow them to shift up to 22 million from Capital Outlay to Current Expense in the upcoming budget They are also asking that their increase in Current Expense , which is based on inflation be figured at 35 instead of 3 He stated that if the Board did not have a problem with these two issues , he would like to go ahead and tell them so they can proceed with their budget preparation In discussion , it was noted if approved , the shift in funds would be for this year only , and the extra funds that are transferred from Capital to Current would not be a part of the growth or subject to inflation next year The Chairman stated he was working on a written agreement that he would propose the Board enter into with the Board of Education that would make all these issues clear Page7153 Commissioner Eleanor N Creech pointed out that if 35 increase was needed for the schools , other agencies might need to be considered at the same rate of inflation Following discussion , Commissioner Jerry F Wood moved the Board agree to shift up to 22 million from Capital Outlay to current expense for the schools for FY 00 - 01 , and approve the inflation percentage rate increase from 3 to 35 Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage