January 10, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 14 January 10 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , January 10 , 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 , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted 1 Public Comments There were no public comments 2 Public Hearing Regular Rezoning Cases Advertised - The Smithfield Herald - December 28 , 1999 and January 4 , 2000 Certified letters were mailed to adjoining property owners on January 3 , 2000 and notices were posted at the locations on December 30 , 1999 Case 452 Petition to rezone approximately 17 acres located on US 70 in Boon Hill Township from Agricultural Residential 40 to General Business Owner and Applicant Millard & Millard Inc Planning Director , Cal Genereux , pointed out the property on the GIS map and noted it is located between Smithfield and Princeton near Bizzell Grove Church Road The surrounding zoning is AR R - 40 , Mobile Home Park District , General Business Overlay and other commercial zonings Engineer Steven Sanderson , with Southwind Surveying and Mapping , spoke on behalf of the owners He noted the majority of this property falls within the US 70 general business overlay district This rezoning would eliminate split zoning of the property Landscaping requirements under the County ordinance would protect the surrounding residential properties , and additional buffering would be required due to riparian streams which run along the eastern and western property lines The property is located in the Brogden Water District Mr Genereux stated the Planning Staff and Planning Board recommended approval of this rezoning The Chairman recessed the public hearing Decision on Rezoning Case 452 Case 452 Petition to rezone approximately 17 acres located on US 70 in Boon Hill Township from Agricultural Residential 40 to General Business Owner and Applicant Millard & Millard Inc Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 452 for Millard & Millard , Inc of approximately 17 acres located on US 70 in Boon Hill Township from Agricultural Residential 40 to General Business The Chairman re - opened the public hearing Case 453 Petition to rezone approximately 57 acres located on Cleveland Road SR 1010 and Glen Road SR 1547 in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners Katie B McNally and Billy G Britt ; Applicant Teddy Hines Page15 Mr Genereux directed the Board’s attention to the location of this property on the GIS map , noting it is located close to the Wake County line near the I - 40 NC42 Interchange Surrounding zoning is AR R - 40 , Interstate Overlay District , R - 20 and General Business Engineer Steven Sanderson represented the applicant He noted the parcel is oddly shaped , has two riparian streams and poor soils , all of which will make it difficult to develop and economically unfeasible unless it is zoned R - 30 The property is located in the Cleveland Water District In response to a question concerning the number of lots an R - 30 designation would allow , Mr Sanderson stated he was unsure , but it would be virtually impossible to get as much as one lot per acre Robert Dupree , 13080 Cleveland Road , stated he lives on the one acre lot that was subdivided from this property along Cleveland Road He voiced some concern about his well being affected by so many septic tanks if this property is densely populated Mr Genereux stated the Planning Staff and Planning Board recommended approval of this rezoning The Chairman recessed the public hearing Decision on Rezoning Case 453 Case 453 Petition to rezone approximately 57 acres located on Cleveland Road SR 1010 and Glen Road SR 1547 in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners Katie B McNally and Billy G Britt ; Applicant Teddy Hines Commissioner Thomas M Moore moved the Board approve rezoning case 453 for Katie B McNally and Billy G Britt of approximately 57 acres located on Cleveland Road SR 1010 and Glen Road SR 1547 in Cleveland Township from Agricultural Residential 40 to Residential 30 Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Jerry F Wood , DDS , Eleanor N Creech , Wade M Stewart and Thomas M Moore Nays Cookie Pope The Chairman re - opened the public hearing Case 454 Petition to rezone approximately 2620 acres located on Cleveland Road SR 1010 and South Shiloh Church Road SR 1526 in Cleveland Township from Residential 30 and Office Institutional to Planned Unit Development Owner and Applicant Southwind Land Company , Linwood Jones Mr Genereux pointed out the property on the GIS map and noted a portion of the parcel has already been rezoned to Planned Unit Development PUD , and this request is to rezone the balance of the tract The property is located near a number of subdivisions , and surrounding zoning is R - 30 , AR R - 40 , R - 20 , PUD , and R - 10 In response to a question from Commissioner Allen L Mims , Jr , Mr Genereux stated a PUD allows four units per acre approximately 10,000 sq ft lots , but requires both public water and sewer Lots may be reduced to as small as 6,000 sq ft if the developer puts the remaining difference of 4,000 sq ft in open space , such as a golf course at the site Engineer Steven Sanderson stated the property is adjacent to an existing PUD , which was designed for a 9 - hole golf course This rezoning would allow developers to redesign for an 18 - hole course He pointed out this type of recreational facility is needed in the area Water is assessable and wastewater will be providec by a package plant , if County sewer is not available by the time the project is built Commissioner Cookie Pope asked for assurance if this is approved , there would be a golf course built She stressed the recreational open space aspect would be the only reason she would feel comfortable voting in favor of the rezoning Mr Sanderson noted that all the plans he has seen are for the 18 - hole golf course , and pointed out a master plan would have to be submitted to the Planning Board for approval In response to a comment by Commissioner Eleanor N Creech , Mr Sanderson noted there has been some talk of including a swimming pool and tennis courts Page16 Mr Genereux stated the Planning Staff and Planning Board recommended approval of this rezoning The Chairman recessed the public hearing Decision on Rezoning Case 454 Case 454 Petition to rezone approximately 2620 acres located on Cleveland Road SR 1010 and South Shiloh Church Road SR 1526 in Cleveland Township from Residential 30 and Office Institutional to Planned Unit Development Owner and Applicant Southwind Land Company , Linwood Jones Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board approved rezoning case 454 for Southwind Development Company , Linwood Jones , of approximately 2620 acres located on Cleveland Road SR 1010 and South Shiloh Church Road SR 1526 in Cleveland Township from Residential 30 and Office Institutional to Planned Unit Development The Chairman re - opened the public hearing Case 455 Petition to rezone approximately 4916 acres located on Old Roberts Road SR 1519 in Pleasant Grove Township from Residential 10 to Industrial 2 Owners Reedy Branch Farms , Inc and M & T Farms , LLC ; Applicant Dennis Ray Blackmon , RLS Mr Genereux indicated the parcel on the GIS map and noted it is located near the I - 40 NC 210 interchange The surrounding zoning is Interstate Highway Overlay District , Mobile Home Park District , R - 10 and commercial zonings Surveyor Dennis Blackmon noted this property is located near a proposed shopping center , which is owned by the same petitioner The owner has invested a great deal in the development of the area and has made sewer service available He stated , in his opinion , the trend has changed and the best use of this property is now Industrial 2 instead of residential In response to discussion about how this might affect any future residential development , it was pointed out the I - 2 property would be required to provide a 30 buffer Mr Genereux stated the Planning Staff and Planning Board recommended approval of this rezoning The Chairman recessed the public hearing Decision on Rezoning Case 455 Case 455 Petition to rezone approximately 4916 acres located on Old Roberts Road SR 1519 in Pleasant Grove Township from Residential 10 to Industrial 2 Owners Reedy Branch Farms , Inc and M & T Farms , LLC ; Applicant Dennis Ray Blackmon , RLS Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 455 for Reedy Branch Farms , Inc and M & T Farms , LLC of approximately 4916 acres located on Old Roberts Road SR 1519 in Pleasant Grove Township from Residential 10 to Industrial 2 BOARD REPORTS AND COMMENTS 3 Work Session Scheduled for Water and Sewer Issues The Board scheduled a work session for Wednesday , February 9 , 2000 at 6 00 pm in the Emergency Operations Center to discuss water and sewer issues in the County 4 Landfill Gate Site Plan Engineer Tim Broome showed the Board the revised plan for the landfill gate site improvementsPage17 project The project , which was reduced in scope in order for the contract to be within the proposed budget , allows for expansion in the future 5 Board Schedules Work Session On Development Ordinance The Board scheduled a work session for Wednesday , January 19 , 2000 , at 6 00 pm in the Emergency Operations Center for further review of the proposed Development Ordinance 6 Health Insurance On Previous Retiree’s With 10 Years or More of Service The Chairman noted there was a motion on the table from the last meeting to include under the County’s insurance coverage two former employees who retired with 30 or more years of experience prior to the County’s policy going into effect He noted when the records were checked , four additional people were found that would qualify under the current requirements of 10 years or more of continuous service Commissioner Eleanor N Creech stated she favored the County picking up all six former employees In response to a question from Commissioner Cookie Pope , Finance Officer John Massey stated the monthly cost to the County would be 290 per person Following discussion , Commissioner Thomas M Moore withdrew his previous motion to add the two employees only Commissioner Jerry F Wood withdrew his second Commissioner Thomas M Moore then moved the Board include under the County’s health insurance policy the six former County employees who retired with 10 or more continuous years of service prior to the County’s current retirees ’ health insurance continuation policy Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote 7 Chairman to Appoint Full Count Committee for Census The Board authorized the Chairman to appoint a committee to work with different groups of citizens in the County in an effort to make sure all Johnston County citizens are counted in the Year 2000 Census 8 Contribution To NACo 2000 Conference in Charlotte , NC Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following budget amendment to appropriate 1500 from contingencies as a contribution to the NACo 2000 Conference to be held in Charlotte , North Carolina FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 41005305 Dues & Subscriptions 1,50000 10 58555710 Contingencies 1,50000 9 Revaluation - 2003 Commissioner Jerry F Wood moved the Board contract with an outside firm for the 2003 tax revaluation instead of having the work done in - house by the Tax Department Commissioner Wade M Stewart seconded the motion Discussion Commissioner Thomas M Moore stated he would like to see the County , after 2003 , change to a four year revaluation cycle and have this done in - house by the County Tax Department He also asked who would be responsible for overseeing the work of the outside firm Commissioner Wade M Stewart agreed the process should change to four years and be done in - house in the future Concerning the 2003 revaluation , he suggested the contractor could report to the Board of Commissioners either monthly or quarterly about their progress , or an alternative would be to appoint a separate Equalization and Review Board that would have oversight over the entire revaluationPagePage pageNumber518 process In discussion , County Manager Rick Hester agreed that he and the Tax Administrator would gather some additional information and report back to the Board VOTE The motion carried by unanimous vote 10 Joint Meeting with Board of Education to be Scheduled The Board instructed the County Manager to contact School Superintendent Jim Causby concerning possible dates for the Board to meet in joint session with the Board of Education 11 New Vote On Sale of Malt Liquor In County In response to some inquiries from citizens , the Board asked the County Manager and Attorney to find out when a new vote on the sale of malt liquor could be held in Johnston County 12 Board Representation on JCATS Board At the request of Donna Creech , Executive Director of Council on Aging , whose agency oversees the Johnston County Area Transportation System JCATS , Commissioner Thomas M Moore agreed to represent the County Commissioners on the JCATS Board 13 Taxing Authority for School Boards In response to a letter from the North Carolina Association of County Commissioners NCACC concerning the Board’s opinion on whether local school boards should have taxing authority , the Commissioners agreed to discuss this with the Board of Education when they meet jointly 14 Old Cleveland School Building In discussion about the future use of the old Cleveland School Building , Commissioner Jerry F Wood noted he would like to see the facility used for office space for School Administration 15 Report on Meeting with Carolina Water Services Commissioner Allen L Mims , Jr stated he and Commissioner Wade M Stewart met with Carolina Water Services concerning their wastewater allocation for the Planned Unit Development once known as Sweetwater , and the fact that the size of the project has now diminished He recommended the Board consider amending the agreement and reducing the 500,000 gpd by 68,000 to 432,000 gpd , in direct correlation to the reduction of the proposed project He noted the County can use this allocation for someone else Discussion ensued about how a modification of the agreement might affect the clean water management grant that was awarded the County based on getting discharge out of surrounding waterways The Board asked the Attorney to check on this and report back to the Board 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 , ChairmanPagePage pageNumber619 _____________________________ Joyce H Ennis , ClerkPage