February 14, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 48 February 14 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , February 14 , 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 1 Public Comments Lynn Austin , chairman of the Clayton Property Steering Committee , expressed her appreciation to the Board of Commissioners for giving the old school property back to the Town of Clayton She noted the old high school will become the new town hall , and the auditorium in the elementary school will be renovated for civic events Plans also include turning the old playground into a town park and additional parking space The total 7 million renovation project should be completed by Christmas 2001 Commissioners congratulated Ms Austin and other Clayton leaders for their dedicated efforts to make this project a reality 2 Public Hearings Rezonings and Special Use Permits Advertised - The Smithfield Herald - February 1 and February 4 , 2000 Certified letters were mailed to adjoining property owners on February 3 , 2000 and notices were posted at the locations on February 2 , 2000 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 458 Petition to rezone approximately 278 acres located on B H Parrish Road SR 1521 , Sanders Road SR 1517 , West Watson Road SR 1518 in Pleasant Grove Township from AR R40 to Residential 30 Owner Richard A Jones ; Applicant Son - Lan Development Company , Inc ; Agent Gene Berrier of Barbour Land Surveyor Cal Genereux , Planning Director , introduced the case and indicated the property on the GIS map , which is a small portion of a larger parcel located near I - 40 just north of the I - 40 Hwy 210 interchange This rezoning would set up a land swap that would allow a greater distance between Mr Jones ’ home and the proposed subdivision The surrounding zoning is AR R - 40 , R - 30 , R - 10 , Mobile Home Park District , Interstate Overlay District and commercial Sonny Johnson with Son - Lan Development Co , asked the Board to approve the rezoning and noted this would also allow Mr Jones access to his property should he ever decide to subdivide Mr Genereux stated the Planning Staff and Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 458 Case 458 Petition to rezone approximately 278 acres located on B H Parrish Road SR 1521 , Sanders Road SR 1517 , West Watson Road SR 1518 in Pleasant Grove Township from AR R40 to Residential 30 Owner Richard A Jones ; Applicant Son - Lan Development Company , Inc ; Agent Gene Berrier of Barbour Land Surveyor Commissioner Thomas M Moore moved the Board approve rezoning case 458 for owner , RichardPage49 D Jones and applicant , Son - Lan Development Company of approximately 278 acres located on B H Parrish Road SR 1521 , Sanders Road SR 1517 , West Watson Road SR 1518 in Pleasant Grove Township from AR R40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Allen L Mims , Jr , Wade M Stewart , Jerry F Wood , DDS and Thomas M Moore Nays Cookie Pope Commissioner Pope asked that the minutes reflect that her reason for voting no on this rezoning is the impact on schools and traffic concerns The Chairman re - opened the Rezoning Public Hearing Case 456 Petition to rezone approximately 182 acres located on Church Road SR 1520 in Pleasant Grove Township from AR R40 to Community Business - Special Use District Owner Joseph Hallie Carroll , Jr ; Applicant Wanda Pope Mr Genereux pointed out the property on the GIS map and noted it is located near Hwy 50 north of McGee’s Crossroads The surrounding zoning is AR R - 40 , R - 30 , R - 10 and commercial Richard Dupree from Raleigh stated he and his wife wish to open a business in Johnston County similar to the one they own in Raleigh He plans to tear down the old structure and put a steel building on the property with approximately 3000 sq ft of sales space and 2000 sq ft for storage He stated the property would be properly landscaped Mr Genereux stated the Planning Staff and Planning Board recommended approval of this rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 456 Case 456 Petition to rezone approximately 182 acres located on Church Road SR 1520 in Pleasant Grove Township from AR R40 to Community Business - Special Use District Owner Joseph Hallie Carroll , Jr ; Applicant Wanda Pope Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved rezoning case 456 for owner , Joseph Hallie Carroll , Jr , and applicant , Wanda Pope of approximately 182 acres located on Church Road SR 1520 in Pleasant Grove Township from AR R40 to Community Business - Special Use District The Chairman opened Public Hearing For Special Use Permit Those wishing to speak on Case 456 were sworn in by the Clerk to the Board Case 456 Special use permit application for a TV repair and sales , appliance repair and sales and accessory uses on approximately 182 acres located on Church Road SR 1520 in Pleasant Grove Township Owner Joseph Hallie Carroll , Jr ; Applicant Wanda Pope Richard Dupree stated there would be no outside storage of new or used materials , and there should only be one truck on the premises Mr Genereux offered as evidence the following information concerning Case 456 Statement of Facts Concerning Rezoning Case # 456 - Submitted by Planning Dept A pre - application hearing was held with the applicant on November 8 , 1999 At that time , the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval Page50 2 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 1 Applicant will be notified in writing of the Board’s decision 2 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 3 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 6 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 notice of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 21 , 1999 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of permit for sales and service of televisions and appliances and customary accessory uses The Planning Board based their decision on the following findings of fact and recommended the following conditions be placed on the permit Findings 1 The proposed use will provide a needed service in the area 2 The use is of a clean and quiet nature 3 Due to the long - standing existence of a commercial structure on the site , the character of the neighborhood will not be impacted Conditions 1 Operating hours limited to 9 00 am to 5 00 pm Monday through Friday and 9 00 am to 3 00 pm on Saturday 2 Type A buffer required along the front and right side Commissioner Allen L Mims , Jr asked Mr Genereux to explain the reason a Type A buffer was recommended Mr Genereux stated the Planning Board felt that even though according to the design manual this type of project would require a Type B buffer , a lesser level Type A buffer would be sufficient along the front and right side It was also noted that if Mr Dupree at any time should have any outside storage , he would be required to erect an 8 fence The Chairman recessed the special use public hearing Decision on Application for Special Use Permit 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 Applicant Wanda Pope for a TV repair and sales , appliance repair and sales and accessory uses on approximately 182 acres located on Church Road SR 1520 in Pleasant Grove Township based on the following findings of fact and subject to the following conditions Findings of Fact 1 The proposed use will provide a needed service in the area 2 The use is of a clean and quite nature 3 Due to the long standing existence of a commercial structure on the site , the character of the neighborhood will not be impacted Conditions 1 Hours of operation Monday through Friday 9 00 am - 5 00 pm and on Saturday - 9 00 am - 3 00 pm 2 Change the buffering on the front and right side to “ A ” instead of “ B ” requirements The Chairman re - opened the Rezoning Hearing Page51 Case 457 Petition to rezone approximately 967 acres located on Bentonville Road SR 1197 in Bentonville Township from AR R40 to AR R40 - Special Use District Owners and Applicants Willie Tomlinson and Vera A Tomlinson Mr Genereux pointed out the property on the GIS map and noted it is located on Bentonville Road near the Wayne and Sampson County lines The property is in a remote area surrounded on three sides by woods Surrounding zoning is AR R - 40 He showed the ortho photo which indicated the closest house , which belongs to the applicant , is approximately 580 feet away Willie Tomlinson stated he has constructed a shooting range for certifying applicants for concealed weapons permits He noted he has been teaching the course since the concealed weapons law was enacted He has built a birm , 25 high , 50 wide and between 14 and 16 thick He noted there would be no firing on the range if he was not present and no semi - automatic weapons allowed He stated he has a petition with the names of all his neighbors stating they have no problem with this rezoning Mr Genereux stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 457 Case 457 Petition to rezone approximately 967 acres located on Bentonville Road SR 1197 in Bentonville Township from AR R40 to AR R40 - Special Use District Owners and Applicants Willie Tomlinson and Vera A Tomlinson Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 457 for Owners and Applicants , Willie Tomlinson and Vera A Tomlinson of approximately 967 acres located on Bentonville Road SR 1197 in Bentonville Township from AR R40 to AR R40 Special Use District The Chairman re - opened the Special Use Hearing Those wishing to speak on case 457 were sworn in by the Clerk Special Use Permit Case 457 Case 457 Special use permit application to allow the teaching of small firearms , concealed weapons classes on approximately 967 acres located on Bentonville Road SR 1197 in Bentonville Township Owners and Applicants Willie Tomlinson and Vera A Tomlinson Mr Genereux stated the applicant wishes to hold firearms proficiency and training courses on his property He has constructed a significant birm for this purpose For the record he offered the following information concerning this case Statement of Facts Concerning Rezoning Case # 457 - Submitted by Planning Dept A pre - application hearing was held with the applicant on October 21 , 1999 At that time , the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval 2 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 3 Applicant will be notified in writing of the Board’s decision 4 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 5 Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not usedPagePage pageNumber552 as permitted within that time period 6 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 notice of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 21 , 1999 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of Special Use Permit for conducting firearms proficiency and training courses The Planning Board based their decision on the following findings of fact and recommended the following conditions be placed on the permit Findings 1 The overwhelming majority of adjoining property owners signed a petition in favor of this rezoning 2 The site is in a sparsely populated area of the county , a location appropriate for such endeavors Conditions 1 Operating hours from 8 00 am to sundown Saturday and Sunday 2 A certified firearms instructor required on site when in use 3 Existing berm maintained at current size and condition Commissioner Eleanor N Creech stated she had a problem with the classes being held on Sunday Mr Tomlinson explained that most training would be on Saturday ; however , occasionally a Sunday session would be necessary to certify someone In a response to a question from Commissioner Allen L Mims , Jr , Mr Tomlinson stated the petitioners were made aware the training includes Sundays ; however , if there are complaints , he would stop the Sunday scheduling The Chairman closed the Special Use Public Hearing Decision on Special Use Permit Case 457 Case 457 Special use permit application to allow the teaching of small firearms , concealed weapons classes on approximately 967 acres located on Bentonville Road SR 1197 in Bentonville Township Owners and Applicants Willie Tomlinson and Vera A Tomlinson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Applicants , Willie Tomlinson and Vera A Tomlinson to allow the teaching of small firearms , concealed weapons classes on approximately 967 acres located on Bentonville Road SR 1197 in Bentonville Township based on the following findings of facts and subject to the following conditions Findings of fact 1 The overwhelming majority of adjoining property owners signed a petition in favor of this rezoning 2 The site is in a sparsely populated area of the county , a location appropriate for such endeavors Conditions 1 Operating hours will be from 8 a m to sundown on Saturday and 2 pm to sundown on Sunday 2 A certified firearms instructor must be on the premises when firing 3 Existing berm must be maintained at current size and conditions PagePage pageNumber653 3 Resolution - Designation of Applicant’s Agent - Disaster Relief - Snow Storm Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote the Board adopted the following resolution designating Chairman Langdon and County Manager , Rick Hester , as agents authorized to execute documents relating to the Disaster Relief Act and Presidents Disaster Relief Fund for the recent snow storm DESIGNATION OF APPLICANT’S AGENT BE IT RESOLVED BY the Board of Commissioners of Johnston County that James H Langdon , Jr , Chairman of the Board of Commissioners , and Rick J Hester , County Manager , is hereby authorized to execute for and in behalf of Johnston County , a public entity established under the laws of the State of North Carolina , this application and to file it in the appropriate State office for the purpose of obtaining rd certain Federal financial assistance under the Disaster Relief Act Public Law 288 , 93 Congress or otherwise available from the President’s Disaster Relief Fund THAT Johnston County , a public entity established under the laws of the State of North Carolina hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency FEMA for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof th Passed and approved this 14 day of February , 2000 4 Proclamation - Census 2000 Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adopted the following Census 2000 Proclamation and designated that April 1 , 2000 be CENSUS DAY IN JOHNSTON COUNTY , NORTH CAROLINA CENSUS 2000 PROCLAMATION JOHNSTON COUNTY Partnering entity and the United States Bureau of the Census Charlotte Region WHEREAS , Johnston County understands that this is a unique opportunity to participate in and have influence on CENSUS 2000 ; and WHEREAS , the Board of County Commissioners has authorized its Chairman to appoint a CENSUS COMPLETE COUNT COMMITTEE NOW THEREFORE , BE IT RESOLVED that in order to accomplish the goal of a more accurate and cost efficient Census in Census 2000 , the Johnston County Board of Commissioners does herein take the following action 1 The CENSUS COMPLETE COUNT COMMITTEE SHALL BE charged with working with the CENSUS BUREAU and its REPRESENTATIVES in promoting Census 2000 to all of our People ; and 2 The COMPLETE COUNT COMMITTEE may PROVIDE ASSISTANCE TO THE CENSUS BUREAU TO RECRUIT TEMPORARY EMPLOYEES ; and 3 The COMPLETE COUNT COMMITTEE WILL MAKE EVERY EFFORT TO DEVELOP OUTREACH ACTIVITIES ESPECIALLY DESIGNED TO MEET THE NEEDS OF ALL RESIDENTS AND TO REACH THOSE CONSIDERED “ HARD TO ENUMERATE ” ; and 4 The COMPLETE COUNT COMMITTEE will encourage every resident to accurately complete the Census questionnaire and promptly return it by mail ; and 5 THAT April 1 , 2000 , BE DESIGNATED - CENSUS DAY IN JOHNSTON COUNTY , NORTH CAROLINA th Adopted this the 14 day of February , 2000 Board Reports and Comments 5 Elevated Tanks in the County to Identify Community Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board agreed that all new water tanks and existing tanks being repainted should bare the name of the community , town or water district in which they are located Included in the motion was the fact that the name “ Johnston County ” should also remain on the tanks 6 Meeting Scheduled With Stakeholders on Draft Development OrdinancePagePage pageNumber754 The Board of Commissioners scheduled a special meeting on Wednesday , March 1 , 2000 at 6 30 pm in the Emergency Operations Center to meet with all members of the public who have a special interest in the proposed Johnston County Development Ordinance 7 Tax Complaint - Hog & Poultry Producers Linwood Parker spoke on behalf of a group of hog and poultry producers concerning a complaint they have with the Tax Department over the valuation of their property He stated that appraisers during the 1995 tax revaluation appraised equipped hog and poultry houses as real property , and indicated to the owners that no further listing was necessary Now , the Tax Department is saying the equipment inside the houses should be listed as personal property , and are assessing the producers based on the assumption that the equipment was not included in the real appraisal The producers do not have a problem with their equipment being listed as personal property since it could then be depreciated ; however , they do have a problem with the way the Tax Office has handled this matter Mr Parker noted that hog and poultry houses , in his opinion , are single purpose facilities that only are viable if the equipment is included , similar to greenhouses The producers understood the 1995 revaluation appraisal was inclusive of all equipment If now it has been determined the equipment should be listed as personal , which would be to the producers ’ advantage , then the solution should be a matter of reducing the real estate and listing the equipment separate as personal property When they asked the Tax Office for some documentation from the appraisal to check on what was or was not included , they were told no documentation exists because the outside appraisal company kept all their work papers Another concern was the fact that when this was first noticed , the Tax Office turned the matter over to Tax Management Associates for a discovery audit of all hog and poultry producers The discovery , if the additional taxes are due , would amount to 3 million , including penalties , of which 25 or 750,000 would go to Tax Management Mr Parker stated , in his opinion , this could have been handled between the Tax Department and the producers , saving the County the high discovery fee Mr Parker asked the Board to appoint a committee to look at this matter He noted the producers have met with the Tax Department and feel their interest have not been met They also feel they have been singled out as a group unfairly Commissioners expressed concern over several of these issues , including the lack of documentation from the last revaluation and the fact the group feels they have been singled out by the Tax Department Commissioner Eleanor N Creech stated she wanted to clarify , in fairness to the Tax Department , that the Board of Commissioners contracted with Tax Management Associates for discovery audits some years ago , and the Tax Office was directed by the Commissioners to turn such matters over to this group She also noted the County must operate under the Machinery Act , which specifically addresses most of these questions Sammy Britt , hog producer from the Bentonville Community , stated his operation is with Prestage Farms The first he knew of the tax bill was when 9200 was deducted from his payment check from Prestige to reimburse the company for taxes paid by them Abigail Raynor , resident of Sampson County who owns a farming operation in Johnston County , stated she called both Sampson and Duplin County and was told they do not appraise these houses the same as Johnston County Merton Woodall from the Brogden Community stated he has received a tax bill for 10,000 on his equipment , which he has refused to pay because he was led to believe the equipment was included in the real appraisal Mr Parker suggested it should be simple to determine what was included in the 1995 appraisal since many of these houses are old enough to have been listed prior to the revaluation Dwight Mayo of Smithfield agreed , and stated that equipment costs would be easy to determine since only two companies carry these items Also speaking was R M Hayes of Bentonville who questioned how a hog or poultry house can be separated from the equipment necessary to run the facility Commissioner Stewart stated he would like to see someone from the Department of Revenue onPagePage pageNumber855 the committee He also asked that Tax Management be directed to cease their audit of this industry until this matter is resolved The Chairman agreed that he and the County Manager would appoint a committee to look into this There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage