November 8, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 680 November 8 , 1999 The Johnston County Board of Commissioners met in Regular Session , Monday , November 8 , 1999 , 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 , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Commissioner Cookie Pope voiced her appreciation to the citizens of the County for voting in favor of the 80,000,000 school bond issue and the 3,000,000 community college bond issue in the November 2 , 1999 election She also reminded everyone of the Veteran’s Day events that will be held on November th 11 2 Public Hearing Regular Rezoning Cases Advertised - The Smithfield Herald - October 29 and November 2 , 1999 Certified letters were mailed to adjoining property owners on October 28 , 1999 , and notices were posted at the locations on October 28 , 1999 Chairman Langdon opened the public hearing and invited anyone who wished to address the Board on the following regular rezoning cases Case 439 Petition to rezone two parcels totaling approximately 5626 acres located on State Road 1010 Cleveland Road in Cleveland Township from Agricultural Residential 40 to Residential 30 Owner and Applicant D R Wells Mr Genereux pointed out the property on the GIS map and noted it is located on SR 1010 south of the I - 40 NC42 interchange Surrounding zoning is R - 30 , AR R - 40 , General Business , R - 20 and Interstate Highway District Phyllis Hicks , Enforcement Officer , showed photographs of the area In response to questions from Board members about access to these parcels , Mr Genereux noted this property , which would be developed in conjunction with adjacent property owned by Carolina Packers , would be accessed by two roads , one through Southfork Subdivision Southfork Drive and the other through Southgate Subdivision Jera Drive located to the south of the two properties The developers are currently working on an agreement that would provide a third access to the property Commissioner Allen L Mims , Jr pointed out this would create a lot of traffic on Southfork Drive , which has never been taken over by NCDOT for maintenance Steven Sanderson with Southwind Surveying & Engineering stated it is his understanding that only minor improvements are needed before the road can be turned over to the State He noted that under the new subdivision ordinance , roads in the new development must be built to DOT standards and taken over for state maintenance DOT will not take new subdivision roads unless the access roads to the subdivision are also state maintained Commissioner Cookie Pope mentioned the problems with drainage in Southfork Subdivision and asked how this development would impact that situation Mr Genereux responded this should not be a problem since the new development would be under the restrictions of the new stormwater ordinance Mr Sanderson requested the Board approve the rezoning noting these parcels are located in the Cleveland Water District All adjoining properties are zoned R - 30 , and this designation is needed because of the limited areas that are suitable for building due to poor soils and required buffer areas along the existing branch Page681 Mr Genereux stated the Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 439 Case 439 Petition to rezone two parcels totaling approximately 5626 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Residential 30 Owner and applicant D R Wells Commissioner Jerry F Wood moved the Board approve rezoning case 439 for D R Wells of approximately 5626 acres located on Cleveland Road SR 1010 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 , Thomas M Moore , Allen L Mims , Jr , Eleanor N Creech , Wade M Stewart , and Jerry F Wood , DDS Nays Cookie Pope The Chairman re - opened the public hearing Case 441 Petition to rezone approximately 3794 acres located on Shotwell Road SR 1533 in Clayton Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Jennifer Gilbert ; Agent Alsey J Gilbert , RLS Mr Genereux indicated the property on the GIS map and noted this is a portion of a 100 acre parcel located north of Clayton near the Wake County line The surrounding zoning is AR R - 40 , R - 30 and Planned Unit Development Ms Hicks showed several photographs of the area Marty Gilbert who plans to develop the property stated a stream runs across the back portion of the tract and the soil in that area is not suitable for development On the acreage that is suitable for development , he plans to build nice homes of at least 1500 sqft Mr Genereux stated the Planning Board recommended approval of the rezoning The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 441 Petition to rezone approximately 3794 acres located on Shotwell Road SR 1533 Case 441 in Clayton Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Jennifer Gilbert ; Agent Alsey J Gilbert , RLS Commissioner Wade M Stewart moved the Board approve rezoning case 441 for Jennifer Gilbert of approximately 3794 acres located on Shotwell Road SR 1533 in Clayton Township from Agricultural Residential 40 to Residential 30 Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Eleanor N Creech , Wade M Stewart , Allen L Mims , Jr and Jerry F Wood , DDS Nays Cookie Pope 3 Public Hearing Resumed - Rezoning Cases Requested as Special Use Districts The Chairman explained these cases are rezoning requests to a special use district and would be heard without interruption , with decisions following the hearing Case 437 Petition to rezone approximately 415 acre parcel located on NC 39 in O’Neals Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owners Febbie and Marvin Prince , Applicant Sprint PCS Page682 Mr Genereux stated this case was originally on the agenda in October but was postponed because the applicant had failed to submit a new site plan He indicated the property on the GIS map and noted this is a portion of a larger parcel off NC 39 highway The surrounding zoning is AR R - 40 and a few small special use districts A private road leads to the site , which is approximately 1500 feet from the highway The applicants have included enough property for a full fall zone Michael Hicks , representative for Sprint PCS , requested the Board approve the rezoning Mr Genereux stated the Planning Board recommended approval Case 440 Petition to rezone approximately 2 acres located on Highway 50 and Brack Penny Road SR 1543 in Cleveland Township from Agricultural Residential 40 to Highway Business Special Use District Owners C W and Grace Hargis ; Applicant J D Myrick , Agent S Vann Sauls Mr Genereux pointed out the property on the GIS map and noted it is located near the Wake County line close to the intersection of NC 42 and NC 50 The surrounding zoning is AR R - 40 , R - 30 , Mobile Home Park District , Interstate Highway District and General Business Vann Sauls , agent for the applicant , requested the Board approve the rezoning Mr Genereux stated the Planning Board recommended approval There being no further comments , the Chairman closed the public hearing 4 Rezoning Decisions on Special Use Cases Case 437 Petition to rezone approximately 415 acre parcel located on NC 39 in O’Neals Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owners Febbie and Marvin Prince , Applicant Sprint PCS Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 437 for Sprint PCS of approximately 415 acres located on NC 39 in O’Neals Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Petition to rezone approximately 2 acres located on Highway 50 and Brack Penny Case 440 Road SR 1543 in Cleveland Township from Agricultural Residential 40 to Highway Business Special Use District Owners C W and Grace Hargis ; Applicant J D Myrick , Agent S Vann Sauls Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 440 for J D Myrick of approximately 2 acres located on Highway 50 and Brack Penny Road SR 1543 in Cleveland Township from Agricultural Residential 40 to Highway Business Special Use District 5 Decision on Rezoning Case 412 - A B Perry Case 412 Petition to rezone a 11275 acre parcel located on SR 1550 Winston Road in Clayton Township from Planned Unit Development to Residential 30 Owner Develco , LLC , Applicant A B Perry Commissioner Eleanor N Creech left the meeting at approximately 8 05 pm due to illness This case was heard in public hearing on July 12 , 1999 and was tabled until further information could be obtained concerning the impact it might have on the County’s agreement with Carolina Water Systems and the future development of the proposed Planned Unit Development At a recent meeting , thePage683 Planning Board approved the new master plan for the remaining acreage in the PUD formerly known as Sweetwater , now called Winston Road PUD , and a letter has been received from Carolina Utilities stating that removing the 112 acre parcel would not effect the terms of the bulk wastewater service agreement with the County dated April , 1999 Commissioner Allen L Mims , Jr voiced concern about this change in the original agreement He noted the PUD designation requires public sewer , and questioned the wisdom of allowing septic tanks this close to the creek He pointed out there are still too many unanswered questions in his mind and suggested a meeting with Carolina Water Systems before making any decisions Chairman Langdon called on Engineer Tim Broome for comments Mr Broome noted he has done an analysis under the new agreement With this property removed from the original PUD , the allowed wastewater capacity would serve a smaller development but with more units and would produce a great financial return for the County over a 20 year period However , considering the growth issues with schools this may not be the direction the Board wants to go Mike Stewart , engineer from Raleigh who represented the owner , pointed out the 500,000 gpd wastewater capacity has not changed in the master plan The difference is the elimination of two lift stations and reduction in the amount of land application proposed from 300,000 gpd to 40,000 gpd Following a brief history of this project from Mr Genereux , Commissioner Wade M Stewart voiced concern that other acreage might be taken off in the future leaving a smaller PUD with the same capacity , which would allow for much higher density in building In response , Mike Stewart pointed out any future change would require approval from the County A B Perry asked the Board to approve the rezoning He noted if he has to remain a PUD with public sewer , he would be at the mercy of the owner of the rest of the property He maintained the County would lose nothing by allowing him to develop as R - 30 and use septic tanks , which he stressed are considered a very safe method of wastewater disposal Commissioner Thomas M Moore stated , in his opinion , the Board should encourage the use of septic tanks He pointed out Mr Perry’s proposal is for larger homes and an upgrade in the quality of development Following further discussion , Commissioner Jerry F Wood moved the Board approve rezoning case 412 for A B Perry of a 11275 acre parcel located on SR 1550 Winston Road in Clayton Township from Planned Unit Development to Residential 30 Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Jerry F Wood , DDS and Cookie Pope Nays Allen L Mims , Jr and Wade M Stewart Following the vote , the Chairman appointed Commissioners Allen L Mims , Jr , and Wade M Stewart , along with Engineer Tim Broome , to a committee to meet with Carolina Utilities to work out several outstanding issues concerning County properties 6 Public Hearing - Special Use Permit Request Advertised - The Smithfield Herald - October 29 and November 2 , 1999 Certified letters were mailed to adjoining property owners on October 28 , 1999 , and notices were posted at the locations on October 28 , 1999 The Chairman noted this is a quasi - judicial hearing at which the Board of Commissioners will hear factual testimony as opposed to opinions concerning the petition for a special use permit Persons wishing to give testimony were sworn in by the Clerk Case 437 Special use permit application for a cellular tower on approximately 415 acres located on NC 39 in O’Neals Township Owners Febbie and Marvin Prince Applicant Sprint , PCS PagePage pageNumber5684 Mr Genereux explained the site plan for this application indicates a full 240 radius fall zone around the proposed tower Michael Hicks , representing Sprint PCS , showed the Board a map that delineated Sprint’s general network plan for this area He noted the engineers designed this tower very tall in order to cover a larger area Case 440 Special use permit for a charter bus service on approximately 2 acres on Highway 50 and Brack Penny Road SR 1543 in Cleveland Township Owner C W and Grace Hargis ; Applicant J D Myrick ; Agent S Vann Sauls Mr Genereux stated this request would include two modular office units and parking for 9 buses Vann Sauls , representing Prestige Charters & Tours , explained the owners wish to move their business to Johnston County from their current location in Wake County He provided pictures of the existing business and noted there would be no garage on site , only space for parking the nine buses He stated the proposed location has clear road visibility for buses entering and leaving the site and a stop light at the intersection Buses will not be entering and leaving during school hours He stated , in his opinion , this would be an asset to the County In response to questions from Board members , Mr Sauls explained the number of parking spaces has been increased since the Planning Board meeting A 6 chain link fence will surround the area for security purposes A vegetative buffer will also be required in accordance with the ordinance and design manual There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning Cases 437 and Case 440 Mr Genereux , was a pre - application conference held by the Planning Department with the 1 applicants on this case Response Yes Sir Did the applicants meet the requirements at that time by providing sketch plans illustrating the 1 location , size and major design elements of the development of the sites Response Yes Sir Did your department prepare an analysis of the applications including conformity with zoning , 2 subdivision , soil erosion and sedimentation , and health regulations Response Yes Sir Did the Planning Board advertise and hold a hearing open to the public ResponseYes Sir 3 Was written certification sent to the adjacent property owners in a timely fashion Response Yes 4 Sir What is the recommendation of the Planning Board The Planning Board recommended approval 5 for both cases Chairman Are conditions attached to these cases Response Yes Sir Case 437 1 240 foot height variance 2 240 foot fall zone on Mr Prince’s Property 3 Available for co location remove within 6 months after the use is discontinued Case 440 1 6 foot chain link fence , no solid fence required 2 No fuel tanks on site 3 No repair shop located on site 4 Revise the site plan before going to the Board of Commissioners to reflect larger parking area for busses Mr Genereux , please read to this Board the summary of the evidence supporting the Chairman Planning Board’s recommendations Response Mr Genereux read the following evidence of support found by the Planning Board on Case 437 and Case 440 1 The use will provide a needed service Case 437 2 The use will improve Emergency Communications 3 The use will not disturb the neighborhood 1 The proposed use is clean and quiet Case 440 2 The proposed location is adjacent to current commercial properties 3 The location is near the intersection of two arterial streets Did you notify the applicants in writing of the Planning Board’s recommendations Response Yes 7 PagePage pageNumber6685 Sir Are the applicants aware that if the Commissioners deny the request that no application can be 8 accepted for the same or a similar use affecting the same property for a period of twelve 12 months Response Yes Sir Are the applicants aware that the right of appeal to the Superior Court must be exercised within 9 thirty 30 days of this date Response Yes Sir Are the applicants aware that the permit will expire at the end of twelve 12 months if it is not used 10 as permitted within that time period Response Yes Sir There being no further comments , the Chairman closed the public hearing 7 Decisions On Special Use Permit Requests Case 437 Special use permit application for a cellular tower on approximately 415 acres located on NC 39 in O’Neals Township Owners Febbie and Marvin Prince ; Applicant Sprint , PCS 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 Sprint , PCS for a cellular tower on approximately 415 acres located on NC 39 in O’Neals Township based on the following findings of fact and subject to the following conditions Conditions 1 240 foot height variance 2 240 foot fall zone on Mr Prince’s property 3 Available for co location remove within 6 months after the use is discontinued Findings of fact 1 The use will provide a needed service 2 The use will improve Emergency Communications 3 The use will not disturb the neighborhood Case 440 Special use permit for a charter bus service on approximately 2 acres on Highway 50 and Brack Penny Road SR 1543 in Cleveland Township Owner C W and Grace Hargis ; Applicant J D Myrick ; Agent S Vann Sauls Upon a motion by Commissioner Wade Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to J D Myrick for a charter bus service on approximately 2 acres on Highway 50 and Brack Penny Road SR 1543 in Cleveland Township based on the following findings of fact and subject to the following conditions Conditions 1 6 foot chain link fence no solid fence required 2 No fuel tanks on site 3 No repair shop located on site Findings of Fact 1 The proposed use is clean and quiet 2 The proposed location is adjacent to current commercial properties 3 The location is near the intersection of two arterial streets Dates Set for Early Sign Up for Buffalo and Ingrams Township Water Districts 8 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board recessed regular session to sit simultaneously as the Buffalo and Ingrams Township Water District Boards A Sitting as Buffalo Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board set the dates for early sign up for the Buffalo Water District from December 1 , 1999 until March 31 , 2000 PagePage pageNumber7686 B Sitting as Ingrams Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board set the dates for early sign up for the Ingrams Township Water District from December 1 , 1999 until March 31 , 2000 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Buffalo and Ingrams Water District Boards were adjourned and regular session was resumed 9 Bid Award - Northeast Quadrant of the I - 40 210 Interchange Waste Collection Project The Board reviewed the following bids opened on October 27 , 1999 for the Northeast Quadrant of the I - 40 210 Interchange Waste Collection project On April 5 , 1999 , the Board agreed to participation with the developer in an amount up to 155,000 for schedule one of the project Firm Schedule I Schedule 2 Total Bid Selco Construction Co , Smithfield 115,35260 171,98080 287,33340 Blackmon & Associates , Four oaks , NC 153,57500 95,99100 249,56600 Temple Grading & Const , Lillington , NC 149,95595 136,67650 286,63245 Youngblood Const Co , Smithfield , NC 129,82200 145,81000 276,62200 Webcon , Inc , Smithfield , NC 128,96875 151,86225 280,86100 Charles R Gordon Const , Clayton , NC 153,60800 129,77100 283,37900 Ralph Hodge Const Co , Wilson , NC 139,98100 129,27000 269,25100 Mr Broome stated that staff is recommending the Board concur with the award of contract to Blackmon Associates of Four Oaks , NC in the amount of 249,566 The Schedule I bid was 153,57500 , which includes a fixed generator set to which the developer must contribute 9,000 The net amount for the County would be 144,575 and staff is recommending an amount of up to 150,000 be reserved to allow for construction contingencies Following discussion , Commissioner Thomas M Moore moved the Board concur with the award of contract to low bidder , Blackmon Associates of Four Oaks , NC , for the Northeast Quadrant Wastewater Collection project , with the County’s participation of up to 150,000 , subject to acquiring all necessary easements Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 10 Budget Amendment - Floyd Relief Funds 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 in the amount of 86,105 to budget Floyd Relief - United Way of NC Funds FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61006385 Hurricane Floyd Relief Fund 86,10500 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034159 United Way of NC Floyd 86,10500 Update on In - House Tax Revaluation Plans 11 As requested by the Board at the November 1 , 1999 meeting , Tax Administrator , Sterling Hancock , provided information concerning plans for an in - house revaluation for 2003 He noted funds have been set aside since the last revaluation for this project PagePage pageNumber8687 Board members expressed some concerns and questioned if it would be wise to proceed with an in - house project or contract the services for the 2003 revaluation The Board thanked Mr Hancock for his comments and agreed to make a decision in the very near future 12 Staff Attorney Authorized to Sign Legal and Financial Documents for the County and Water Districts Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Staff Attorney , Mark Payne , to sign legal and financial documents for the County and various water districts , effective on his hire date of May 26 , 1998 13 Communications Committee Appointed The Chairman appointed Dr Jerry F Wood and himself to work with staff concerning the matter of how communications will be handled for the County 14 Board Reports and Comments Commissioner Allen L Mims , Jr mentioned the problems with animal control and the number of complaints Chairman Langdon noted that staff has some material that will need to be studied before further discussion on this matter 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