October 11, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 634 October 11 , 1999 The Johnston County Board of Commissioners met in Regular Session , Monday , October 11 , 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 1 Public Comments - No public comments were made 2 Public Hearing Regular Rezoning Cases Advertised - The Smithfield Herald - October 5 and October 8 , 1999 Certified letters were mailed to adjoining property owners on September 30 , 1999 , and notices were posted at the locations on September 30 , 1999 Case 405 Petition to rezone approximately 2985 acres located on Lassiter Road SR 1335 in Elevation Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Terry and Kathy Parker Planning Director , Cal Genereux , indicated the property on the GIS map and noted it is located near the intersection of King Mill Road and Lassiter Road in the Hopewell Pisgah Water District The surrounding zoning is AR R - 40 A hog operation is located approximately 1000 to 1200 feet south of the property Attorney Jeff Cooke read a letter from the owners , Terry and Kathy Parker , which stated they are aware of the swine operation and will make sure real estate agents inform potential landowners of this when marketing the property He noted the Parkers , at the request of the Planning Board , cut out 27 acres from their original request to increase the buffer between the swine farm and the development Stanton Lassiter , owner and operator of the swine operation , opposed the rezoning He noted this land has belonged to his family for four or more generations and has always been agricultural He expressed fear that even though people might know his operation is there , they might still complain and even file lawsuits against him He stated , in his opinion , this is not a suitable place for a residential development Mr Cooke responded that Mr Lassiter runs a good operation and this development should not hurt him The Lassiter farm can not expand , and the spray field is actually further away from the property that would be developed since it does not come up to the road Several people from the area spoke in favor of the rezoning Margaret Lassiter , Genevieve Lassiter Wall , Henry Wall , and Dorothy Beasley Mr Genereux stated the Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 405 Case 405 Petition to rezone approximately 2985 acres located on Lassiter Road SR 1335 in Elevation Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Terry and Kathy Parker Commissioner Thomas M Moore moved the Board approve rezoning case 405 for Terry and Kathy Parker of approximately 2985 acres located on Lassiter Road SR 1335 in Elevation Township from Agricultural Residential 40 to Residential 30 Commissioner Wade M Stewart seconded the motion Page635 Further Discussion Commissioner Eleanor N Creech asked if there were some way to assure that potential buyers are made aware of the location of the hog farm Attorney Mark Payne responded that there is no legal means for the County to require notification Chairman Langdon pointed out that there is a sign on the road indicating the swine operation , and hopefully that will remain there He noted that traditionally the courts have sided with the farming operation if it was there before the residential development VOTE The motion carried by the following vote Ayes James H Langdon , Jr , Wade M Stewart , Allen L Mims , Jr , Eleanor N Creech , Thomas M Moore and Jerry F Wood , DDS Nays Cookie Pope Commissioner Cookie Pope asked for her vote to reflect concerns about the impact on the community , schools , traffic and the rural character of the area The Chairman reopened the public hearing Case 428 Petition to rezone approximately 4576 acres located on Cleveland Road SR 1010 and South Shiloh Road SR 1526 in Cleveland Township from Residential 30 and Office Institutional to Planned Unit Development Owner Southwind Land Company , Applicant Linwood Jones Mr Genereux indicated the property on the GIS map and noted it is located near I - 40 and surrounded by subdivision The Drugstore interchange is located southwest of the property The surrounding zoning is R - 30 , commercial , general business , AR R - 40 and office institutional Applicant and developer , Linwood Jones , stated he wishes to build an 18 hole golf club community with tennis courts , swimming pools and playgrounds He stated he would prefer public sewer for the project , but if that is not available , he has talked with Heater Utilities and found that it would be economically feasible to put a sewer treatment facility on the property with effluent land application on the golf course He asked the Board to approve the rezoning Bill Johnston , who lives in Lancaster Place subdivision located near this property , stated he was not opposed to the rezoning , but was concerned about adding additional traffic at this intersection It was explained the NC Department of Transportation will have to address this if the rezoning is approved Mr Genereux noted the Planning staff and Planning Board recommended approval In discussion about the issue of sewer service , Mr Jones noted that by the time he is ready to actually build the project , hopefully public sewer will be available He also stated his project would fully comply with the Stormwater Management Ordinance and retention ponds are planned Mr Jones noted he had earlier requested through the Planning Department that the acreage be increased to 75 acres Mr Genereux responded that additional land beyond the 4576 acres advertised would require a separate application There being no further comments , the Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 428 Case 428 Petition to rezone approximately 4576 acres located on Cleveland Road SR 1010 and South Shiloh Road SR 1526 in Cleveland Township from Residential 30 and Office Institutional to Planned Unit Development Owner Southwind Land Company , Applicant Linwood Jones Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood andPage636 carried by unanimous vote , the Board approved rezoning case 428 for Linwood Jones of approximately 4576 acres located on Cleveland Road SR 1010 and South Shiloh Road SR 1526 in Cleveland Township from Residential 30 and Office Institutional to Planned Unit Development The Chairman re - opened the public hearing Case 433 Petition to rezone approximately 0689 acres located on Wall Road SR 1747 in Wilders Township from Agricultural Residential 40 to Residential 30 Owners James Crocker , Linda Crocker and Charles Gordon Applicant James R Crocker Mr Genereux pointed out the property on the GIS map and noted it is located in the Archer’s Lodge Water District The surrounding zoning is AR R - 40 He explained the owners are asking for R - 30 zoning so they can get three lots out of their parcel Brad Gordon , son of the owners , asked the Board to rezone the property Mr Genereux stated the Planning staff and Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 433 Case 433 Petition to rezone approximately 0689 acres located on Wall Road SR 1747 in Wilders Township from Agricultural Residential 40 to Residential 30 Owners James Crocker , Linda Crocker and Charles Gordon Applicant James R Crocker Commissioner Jerry F Wood moved the Board approve rezoning case 433 for James R Crocker of approximately 0689 acres located on Wall Road SR 1747 in Wilders Township from Agricultural Residential 40 to Residential 30 Commissioner Eleanor N Creech seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jerry F Wood , DDS Nays Cookie Pope same reason for voting no as given in case 405 above The Chairman re - opened the public hearing Case 434 Petition to rezone approximately 49 acres 2 parcels located on Fire Department Road SR 1908 in Wilson’s Mills Township from Agricultural Residential 40 to Residential 30 Owners Paul and Doris Parker ; Agent Alsey Gilbert Surveying Mr Genereux indicated this property on the GIS map and noted it is located in the Wilson’s Mills Water District and partly within the Wilson’s Mills city limits The Town was notified and has no opposition to the rezoning Surrounding zoning is AR R - 40 , R - 30 , Light Industrial , and R 10 Special Use District Agent Alsey Gilbert , representing the owners , stated the property is in the watershed protection area and limited to one dwelling per acre The R - 30 zoning would allow the developer to fit lots in areas where the soil is suitable Mr Genereux stated the Planning staff and Planning Department recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 434 Case 434 Petition to rezone approximately 49 acres 2 parcels located on Fire Department Road SR 1908 in Wilson’s Mills Township from Agricultural Residential 40 to Residential 30 Owners Paul and Doris Parker ; Agent Alsey Gilbert Surveying Commissioner Thomas M Moore moved the Board approve rezoning case 434 for Paul and Doris Parker of approximately 49 acres 2 parcels located on Fire Department Road SR 1908 in Wilson’sPage637 Mills 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 , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart and Jerry F Wood , DDS Nays Cookie Pope same reason for voting no as given in case 405 above The Chairman re - opened the public hearing Case 436 Petition to rezone approximately 511 acres located on Cleveland Road SR 1010 in Smithfield Township from Agricultural Residential 40 to Residential 30 Owner Annie Poole , Applicant Son - Lan Development Co , Agent Sonny Johnson Mr Genereux pointed out the property on the GIS map and noted it is located west of Smithfield , close to Swift Creek The property is near the airport and under the approach area of the airport A height limitation of 200 to 250 feet applies to this property The surrounding zoning is AR R - 40 , R - 30 and General Business Overlay Agent and developer , Sonny Johnson , asked for the rezoning since public water is available Mr Genereux stated the Planning staff and Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 436 Case 436 Petition to rezone approximately 511 acres located on Cleveland Road SR 1010 in Smithfield Township from Agricultural Residential 40 to Residential 30 Owner Annie Poole , Applicant Son - Lan Development Co , Agent Sonny Johnson Commissioner Wade M Stewart moved the Board approve rezoning case 436 for Son - Lan Development Company of approximately 511 acres located on Cleveland Road SR 1010 in Smithfield Township from Agricultural Residential 40 to Residential 30 Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart and Jerry F Wood , DDS Nays Cookie Pope same reason for voting no as given in case 405 above The Chairman recessed the Rezoning Public Hearing to open the Special Use Permit Hearing to hear a request for renewal of permit 3 Public Hearing Special Use Permit Request - Case 438 Advertised - The Smithfield Herald - October 5 and October 8 , 1999 Certified letters were mailed to adjoining property owners on September 30 , 1999 , and notices were posted at the locations on September 30 , 1999 The Chairman opened the public hearing and explained that Case 438 was only a request to renew application for an expired permit Those wishing to speak on Case 438 were sworn in by the Clerk Case 438 Special use permit application for a day care center located on 0336 acres on Harrison Road SR 1989 in Wilson’s Mills Township Owner and Applicant Pherbia Frazier REQUEST TO RENEW EXPIRED PERMIT Mr Genereux explained that ownership of the property has changed since the original permit , and the new owner did not have time to build her day care center before the permit expired Although a site plan was not required when this was originally approved , the policy has changed and a site plan has now been submitted to the Planning Department The property is located in the city limits of Wilson’s Mills , and the town has no objection Pherbia Frazier , the new owner of the property , asked the board to renew the permit so she can build her day care center PagePage pageNumber5638 Mr Genereux stated the Planning staff and Planning Board recommended renewal of the permit The Chairman recessed the Special Use Permit Public Hearing and regular session was resumed Decision on Special Use Permit Request - Case 438 Case 438 Special use permit application for a day care center located on 0336 acres on Harrison Road SR 1989 in Wilson’s Mills Township Owner and Applicant Pherbia Frazier REQUEST TO RENEW EXPIRED 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 renew the expired permit for Pherbia Frazier for a day care center located on 0336 acres on Harrison Road SR 1989 in Wilson’s Mills Township 4 Public Hearing Resumed - Rezoning Cases Requested as Special Use Districts The Chairman explained these cases are rezoning request to a special use district At this hearing , the only discussion should be the suitability of the zoning designation These cases will be heard without interruption Decisions will follow the hearing Case 417 Petition to rezone approximately 27 acres located on King Mill Road SR 1334 in Elevation Township from Agricultural Residential 40 to Highway Business Special Use Districts Owners and Applicants Terry and Kathy Parker Mr Genereux pointed out the property on the GIS map and explained this case started as a zoning violation The property is located on King Mill Road near Lassiter Road and Lassiter Pond Road The request for rezoning is for the northern end of a larger parcel Surrounding zoning is AR R - 40 Ms Phyllis Hicks showed photographs of the property including an existing business and homes in the area Attorney Jeff Cooke , read a letter from the owners , Terry and Kathy Parker stating the Parkers have owned the business for 20 years and wish to continue to operate He showed pictures of the area and a map indicating those property owners in the area who signed a petition in support of the rezoning A number of persons spoke in support of the rezoning , stating the Parkers have been good neighbors , they maintain their property , do not create a traffic problem and provide a service to the community Speaking in favor of the rezoning were Elton Pridgen , Laurie Yeats , Lisa Gonzolas , Geneveve Lassiter , Miquel Gonzoles , Janet West , Charles Brewer , Henry Wall , Dean Barbour , Kim Smith , Linda Grissom , Jeff Barbour , Gary Grissom , Albert Brewer Several other persons spoke in opposition Nancy Langdon of 450 King Mill Road , stated she and her husband own and have lived on the adjoining property to the west for many years , prior to the Parkers locating there She stated , in her opinion , it was poor judgement years ago for the Parkers to place their operation so near her property , and does not wish to see this made worse with the rezoning She noted she wants the Parkers to be able to continue their business , but fears this rezoning would adversely affect her son and other family members who might wish to build on their family property in the future Mrs Langdon stated that 14 families , most of which own and live on surrounding properties , have signed a petition opposing the rezoning as requested , but offer two options , either of which would be acceptable The first option would be to reduce the request to approximately 1 to 1 ½ acres immediately behind the existing warehouse for parking of vehicles associated with their business The second option would be to rezone and properly screen an area further back on their 85 acre tract away from King Mill Road to be used for the purpose requested With both options , they stated they would have no problem with the business being located in the existing warehouse Mrs Langdon’s husband , Carl Langdon agreed Doug Bowman of 272 King Mill Road stated this issue has unfortunately divided the community He noted , in his opinion , the options offered above provide a solution that should be satisfactory to everyone He stressed the community does not want another commercial business on the road PagePage pageNumber6639 Attorney Jeff Cooke noted this is a special use request which means it is an exception to a regular rezoning and , in his opinion , the Parkers are the exception in that they run a very clean operation that blends with the neighborhood County Attorney Mark Payne explained the difficulties of special use cases and noted the Board can only consider the broad issues of rezoning in deliberation of this request If approved , the facts concerning the type of operation can be discussed Mr Genereux stated the Planning staff recommend denial ; however , the Planning Board recommended approval Case 424 Petition to rezone approximately 093 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Community Business Special Use District , Owner and Applicants Jeffrey and Barbara Griffin Mr Genereux indicated the property on the GIS map and noted it is located near the Old Cleveland School campus This rezoning originated as a zoning violation Surrounding zoning is Planned Unit Development , R 10 , R 30 and AR R - 40 Photographs were shown of the surrounding area Engineer Steven Sanderson spoke on behalf of the owners and noted this business has evolved from a hobby The owners plan to build a larger building and are willing to screen their property and keep it very well maintained He suggested this would provide a much needed service for the area , and has a good location with access off Cleveland Road The owners have no problems with the conditions stipulated by the Planning Board Mr Genereux stated the Planning staff and Planning Board recommended approval Case 427 Petition to rezone approximately 114 acres located on Swift Creek Road SR 1501 in Wilson’s Mills Township from Agricultural Residential 40 to Industrial 1 Special Use District , Owner and Applicant Georgette L Lee , Agent Stephen Lee Mr Genereux pointed out the property on the GIS map and noted it is located northwest of Smithfield on Swift Creek Road near Whitley Heights and Glenview Subdivisions and near the Wilson’s Mills city limits The surrounding zoning is AR R - 40 , General Business Overlay , Airport District , Light Industrial and R - 30 Photographs of the property were shown Stephen Lee stated the property is part of the family farm He has operated a business since 1991 on a portion of the farm that his mother is now selling He wishes to move his business to this location about 800 yards from the old location He maintained the business would not be visible from the road and would generate little traffic Carl Collins , representing investors who are planning to purchase the property where the existing business is located , asked the Board to deny the rezoning He explained that Mr Lee’s type of business would not co - exist with their plans for the adjacent property Mr Genereux stated the Town of Wilson’s Mills oppose the rezoning The Planning staff and the Planning Board recommended denial of the rezoning Case 432 Petition to rezone approximately 082 acres located on Smith Road SR 1507 in Cleveland Township from Agricultural Residential 40 to Community Business Special Use District Owner and Applicant Paula Russell Mr Genereux indicated the property on the GIS map and stated it is located off Polenta Road near several subdivisions This case originated as a zoning violation The surrounding zoning is AR R - 40 , General Business , and R - 30 Photographs were shown of the property that showed buildings used in the existing business Owner and applicant , Paula Russell , stated her business began 14 years ago as a hobby She noted she generates very little traffic and would , in accordance with the site plan that was submitted , provide a buffer around her business She asked the Board to approve the rezoning Annette Allen who lives directly behind the property stated she spoke against the rezoning at thePagePage pageNumber7640 Planning Board meeting , but after talking with Ms Russell and seeing her plans , now withdraws her objections Sandy Baker and Cindy Hall , who live in the neighborhood , opposed the rezoning Mr Genereux stated the Planning staff and Planning Board recommended denial of this case Case 437 Petition to rezone approximately 415 acres located off 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 , Kevin Milus th This case was postponed until the November 8 meeting There being no further comments , the Chairman closed the public hearing 5 Decisions on Rezoning Cases Requesting Special Use Designation Case 417 Petition to rezone approximately 27 acres located on King Mill Road SR 1334 in Elevation Township from Agricultural Residential 40 to Highway Business Special Use Districts Owners and Applicants Terry and Kathy Parker Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 417 for Terry and Kathy Parker of approximately 27 acres located on King Mill Road in Elevation Township from Agricultural Residential 40 to Highway Business Special Use District Case 424 Petition to rezone approximately 093 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Community Business Special Use District , Owner and Applicants Jeffrey and Barbara Griffin Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 424 for Jeffrey and Barbara Griffin of approximately 093 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Community Business Special Use District Case 427 Petition to rezone approximately 114 acres located on Swift Creek Road SR 1501 in Wilson’s Mills Township from Agricultural Residential 40 to Industrial 1 Special Use District , Owner and Applicant Georgette L Lee , Agent Stephen Lee Commissioner Thomas M Moore moved the Board deny rezoning case 427 for Georgette L Lee of approximately 114 acres located on Swift Creek Road SR 1501 in Wilson’s Mills Township from Agricultural Residential 40 to Industrial 1 Special Use District Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Jerry F Wood , DDS , Cookie Pope , and Allen L Mims , Jr Nays Wade M Stewart Case 432 Petition to rezone approximately 082 acres located on Smith Road SR 1507 in Cleveland Township from Agricultural Residential 40 to Community Business Special Use District Owner and Applicant Paula Russell Commissioner Cookie Pope moved the Board deny rezoning case 432 for Paula Russell of approximately 082 acres located on Smith Road SR 1507 in Cleveland Township from Agricultural Residential 40 to Community Business Special Use District Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Jerry F Wood , DDS , Cookie Pope and Allen L Mims , Jr Nays Wade M StewartPagePage pageNumber8641 6 Public Hearing - Special Use Permit Request Advertised - The Smithfield Herald - October 5 and October 8 , 1999 Certified letters were mailed to adjoining property owners on September 30 , 1999 , and notices were posted at the locations on September 30 , 1999 The Chairman opened the public hearing and 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 417 Special use permit application for a landscaping and grading hauling business on approximately 27 acres located on King Mill Road SR 1334 in Elevation Township Owners and Applicants Terry and Kathy Parker Special Use Parking trucks , trailers , tractors and all types of equipment , inside and outside storage Mr Genereux directed the Board’s attention to the applicant’s site plan and noted the Parker’s proposal for parking their trucks and trailers and having inside and outside storage Attorney Jeff Cooke noted the Planning Board recommended conditions He asked the Board to allow the Parkers flexibility in the hours during emergencies He also asked for clarification about the vehicles as to what is considered heavy vehicles and what would be support vehicles The following people spoke in favor of the special use permit and in support of the Parkers Charles Brewer , Janet West , Dean Barbour , Kim Smith , Jeff Barbour , Robert Brewer , Thomas Demitt , Jerry Grissom , and Linda Grissom Also speaking concerning this permit request were the following Doug Bowman stated he was not opposed to Mr Parker making a living , but was opposed to a commercial entity right on the road He asked the Board to place a condition on the permit that would move the parked equipment off the road to an area behind the existing potato house and require that area to be properly screened He stated there would still be traffic , but it was his wish to cooperate and try to accommodate the Parkers Nancy Langdon stated she visited a number of similar businesses , all of which are located away from the road and are screened from view She objected to the business being located close to the road Carl Langdon stated he agreed with those persons speaking about the good character of the Parkers , but asked the Board if they approve the permit , to move it away from the road He asked that all parking of equipment be behind the existing potato house He maintained the neighbors have had to made concessions and Mr Parker should do the same In response to a question from Commissioner Allen L Mims , Jr the Parkers stated they would not be stockpiling gravel in their business Mr Parker also noted he did not have a problem with parking behind the warehouse , however , during the sweet potato season , this would be a problem when trucks would be loading the potatoes In discussion , it was noted and agreed upon that reference to heavy equipment included only equipment used in the landscaping , grading hauling business Doug Bowman again spoke and asked the Board to reduce the amount of land rezoned to approximately 1 acre The Board explained they have already approved the rezoning of the 27 acres The discussion at this time is the special use permit and conditions that might be attached Commissioner Eleanor N Creech pointed out that if the equipment is parked behind the potato warehouse , it would not be seen by anyone Case 424 Special use permit application for a small engine repair business located on approximately 093 acres on Cleveland Road SR 1010 in Cleveland Township Jeffrey and Barbara Griffin PagePage pageNumber9642 Mr Genereux noted there is some question about a sign for the business and whether it would be allowed In discussion it was noted the existing sign is not a problem since it is not located on Mr Griffin’s property and a sign could be placed on the access road Steven Sanderson stated Mr Griffin has had the business for 18 months as a cottage business and was operating out of a small building The business has grown and now he needs to be rezoned so he can enlarge his building and operate full - time He area where he works is located beside his home and is kept very neat He asked the Board to approve the permit since this service is needed in the area There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning Cases 417 and Case 424 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicants on this case Response Yes Sir 1 Did the applicants meet the requirements at that time by providing sketch plans illustrating the location , size and major design elements of the development of the sites Response Yes Sir 2 Did your department prepare an analysis of the applications including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes Sir 3 Did the Planning Board advertise and hold a hearing open to the public Response Yes Sir 4 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 5 What is the recommendation of the Planning Board The Planning Board recommended approval of both case 417 and case 424 Chairman Were conditions attached to these cases Response Yes Sir Case 417 1 Operating hours as follows Monday through Friday 7 00 am to 7 00 pm , Saturday 7 00 am to 12 00 pm 2 Buffering the area with Leland Cypress , staff can approve 3 Vehicles must be parked on the opposite side of the building away from the Langdon’s property 4 No sign for the new business Case 424 1 Hours of operation 7 00 am to 7 00 pm Monday through Saturday Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Board’s recommendations Response Mr Genereux read the following evidence of support found by the Planning Board on Case 415 Case 417 1 When developed as approved the proposed use will not be disruptive to the neighborhood 2 The use will provide a needed service to the community Case 424 1 There is a need for this service in the community 2 The business has grown due to community demand 3 The business is in an appropriate location 4 Did you notify the applicants in writing of the Planning Board’s recommendation Response Yes Sir 5 Are the applicants aware that if the Commissioners deny the requests that no application can be accepted for the same or a similar use affecting the same property for a period of twelve 12 months Response Yes Sir 6 Are the applicants aware that the right of appeal to the Superior Court must be exercised within thirty 30 days of this date Response Yes Sir 7 Are the applicants aware that the permits will expire at the end of twelve 12 months if it is not used 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 417 Special use permit application for a landscaping and grading hauling business on approximately 27 acres located on King Mill Road SR 1334 in Elevation Township Owners and Applicants Terry and Kathy Parker Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board authorized the Planning Department to issue a special usePage0643 permit to Terry and Kathy Parker for a landscaping and grading hauling business on approximately 27 acres located on King Mill Road in Elevation Township based on the following findings of fact and subject to the following conditions Conditions • Operating hours as follows Monday through Friday 7 00 am to 7 00 pm , Saturday 7 00 am to 12 00 pm Exception the hours of operation to be flexible during state of emergency situations • Buffering the area with Leland Cypress , Planning staff to approve • Vehicles must be parked on the south side of the road , behind the warehouse building away from King Mill Road , and equipment refers only to equipment used in this landscaping and grading hauling business • No sign for the new business Findings of fact 1 When developed as approved the proposed use will not be disruptive to the neighborhood 2 The use will provide a needed service to the community Case 424 Special use permit application for a small engine repair business located on approximately 093 acres on Cleveland Road SR 1010 in Cleveland Township Jeffrey and Barbara Griffin Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board , based on the following findings of fact , authorized the Planning Department to issue a special use permit to Jeffrey and Barbara Griffin for a small engine repair business located on approximately 093 acres on Cleveland Road in Cleveland Township with the condition that the hours of operation be from 7 00 am to 7 00 pm Monday through Saturday Findings of Fact 1 There is a need for this service in the community 2 The business has grown due to community demand 3 The business is in an appropriate location 8 Budget Amendment - Hurricane Floyd Relief Fund Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following budget amendment Department - Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61006385 Hurricane Floyd Relief Fund 101,99200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034159 United Way of NC Floyd Relief 101,99200 9 Award of Contract - Consulting Engineer for Brogden & Little Creek Water Districts Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board recessed regular session to sit simultaneously as the Brogden Water District Board and Little Creek Water District Board A Acting as the Brogden Water District Board The Board reviewed proposals from the following engineering firms interested in providing engineering services for the Brogden Water Districts The firms were evaluated by staff and given an overall rating based on experience , qualifications , accessibility , approach and understanding of project , ability to meet schedule and afford ability ENGINEERING FIRM OVERALL RATING Dewberry & Davis , Raleigh , NC 72 Green Engineering , Wilson , NC 85Page1644 Hobbs & Upchurch , Southern Pines , NC 78 McDavid Associates , Goldsboro , NC 90 McKim & Creed , Cary , NC 92 Pease Associates , Charlotte , NC 60 Peirson & Whitman , Raleigh , NC 74 Titan Atlantic Group , Raleigh , NC 57 WK Dickson , Raleigh , NC 85 Wooten Company , Raleigh , NC 88 Based on the evaluation , staff recommended award of contract to McDavid & Associates of Goldsboro Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board accepted the recommendation of staff and awarded a contract for consulting engineer of the Brogden Water District to McDavid and Associates , Goldsboro , North Carolina , B Sitting as the Little Creek Water District Board The Board reviewed proposals from the following engineering firms interested in providing engineering services for the Little Creek Water Districts The firms were evaluated by staff and given an overall rating based on experience , qualifications , accessibility , approach and understanding of project , ability to meet schedule and afford ability ENGINEERING FIRM OVERALL RATING Dewberry & Davis , Raleigh , NC 72 Green Engineering , Wilson , NC 84 Hobbs & Upchurch , Southern Pines , NC 78 McDavid Associates , Goldsboro , NC 90 McKim & Creed , Cary , NC 93 Pease Associates , Charlotte , NC 60 Peirson & Whitman , Raleigh , NC 74 Titan Atlantic Group , Raleigh , NC 57 WK Dickson , Raleigh , NC 85 Wooten Company , Raleigh , NC 88 Based on the evaluation , staff recommended award of contract to McKim & Creed of Cary , NC Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board accepted the staff’s recommendation and awarded a contract for consulting engineer of the Little Creek Water District to McKim and Creed Engineers , Cary , North Carolina Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Brogden Water District Board and Little Creek Water District Board adjourned and regular session was resumed Board Reports and Comments The Board discussed the following concerns ` Understanding of Procedures for Rezoning and Special Use Permit Hearing Commissioner Eleanor N Creech stated that something needs to be done to help citizens understand the two different types of hearings for rezoning and special use permit cases Attorney Mark Payne responded that he would come up with some written information that could be handed out to people at the zoning meetings ` Response of FEMA to Flood Victims The Board discussed the problems some flood victims are having getting assistancePage2645 from FEMA Federal Emergency Management Agency County Manager , Rick Hester , noted he received a resolution adopted by Greene County addressing the issue , and stated he would send this to the Board for their consideration ` Fax from Johnston County Home Builders Association Commissioner Wade M Stewart voiced strong feelings about the fax he received concerning the Board’s consideration of a Growth Management Ordinance The Home Builders ’ Association was credited at the bottom of the page with having sent the fax , which made derogatory and inaccurate comments about the Board of Commissioners and their intentions Developer Sonny Johnson was present and stated he would check on this and make sure the Home Builders Association were aware of Commissioner Stewart’s concerns There being no further comments , Commissioner Cookie Pope moved the Board adjourn Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage