August 9, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 550 August 9 , 1999 The Johnston County Board of Commissioners met in Regular Session , Monday , August 9 , 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 , Mark Payne , County Attorney , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted Public Comments 1 Citizen Complaint William K Britt - Rezoning Case 195 - December 2 , 1996 William K Britt , resident of Southfort Subdivision , addressed the Board concerning rezoning case 195 , which was heard and decided by the Board on December 2 , 1996 The case was a petition from William Parker , Jr to rezone 198 acres on I - 40 in Cleveland Township from AR R - 40 to R - 30 Developer Sonny Johnson was present at that meeting , representing Southwind Development , a partnership that has since dissolved Mr Britt reviewed with the Board the minutes of the meeting of that date , specifically the statement by Sonny Johnson that he “ would take full responsibility for the maintenance to the roads in his subdivisions until he could get them on the state - maintained system ” He also referenced the Board’s decision approving the rezoning to R - 30 , “ subject to a state maintained access road into the subdivision ” Mr Britt maintained that neither Southfort Drive the access road into his subdivision or Sumpter Drive have been taken over by the state He noted an adjacent property has now been sold to Carolina Packers , Inc , and he understands Southfort Drive will be an entrance into the new development He stated he does not want Southfort Drive used for bringing in heavy equipment as this would damage the road The Board agreed to look into this matter 2 Request for Matching Funds - Sheriff’s Department Sheriff Steve Bizzell informed the Board his department has an opportunity to apply for a local law enforcement block grant to purchase needed equipment for the deputies The grant would be for 19,401 and would require a local match of 2,15567 He noted he will soon be selling approximately 60 surplus weapons , and the funds from this sale should more than cover the requested match Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Sheriff to apply for a local law enforcement block grant in the amount of 19,401 , and approved the following budget amendment for the local matching funds in the amount of 2,15567 from contingencies FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51007400 Capital Outlay 21,55700 10 58555710 Contingencies 2,15600 Net Expenditures 19,40100 Fund Budget Line Item Requested Change Code Classification Revenue Increase Decrease 10 510034163 Federal Grant - Equipment 19,40100 3 Public Hearing Regular Rezoning CasesPage551 Advertised - The Smithfield Herald - July 30 and August 6 , 1999 Certified letters were mailed to adjoining property owners on August 6 , 1999 , and notices were posted at the locations on July 29 , 1999 Case 419 Petition to rezone approximately 2867 acre parcel located on NC Highway 50 in Cleveland Township from AR R40 to Residential 30 Owners William L and Elizabeth F Meyer , Applicants S & S Land Development , LLC Planning Director , Cal Genereux , indicated the property on the GIS map and noted the parcel is near the Wake County line , south of the NC 42 NC50 interchange There are several existing subdivisions in the area The surrounding zoning is AR R - 40 , R - 30 , Mobile Home Park , and some small commercial zonings Ms Phyllis Hicks , Zoning Enforcement Officer , showed photographs of the immediate vicinity , pointing out homes and mobile homes in the area The property is located in the Cleveland Water District Surveyor Dennis Blackmon spoke on behalf of the applicant , S & S Land Development , LLC He noted this parcel would be added to the adjoining 125 acres also owned by the Development Company Plans for the proposed development are to have a landscape buffer along the full length of the road frontage , which would preserve the rural character of the community Also , additional land would be set aside as open spaces Due to soil conditions , he asked the Board to approve the R - 30 designation Mr Genereux noted the Planning Board and Planning Staff recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 419 Case 419 Petition to rezone approximately 2867 acre parcel located on NC Highway 50 in Cleveland Township from AR R40 to Residential 30 Owners William L and Elizabeth F Meyer , Applicants S & S Land Development , LLC Commissioner Thomas M Moore moved the Board approve rezoning case 419 for William L and Elizabeth F Meyer , owners , and applicant S & S Land Development , LLC of approximately 2867 acres on NC Highway 50 in Cleveland 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 , Jerry F Wood , DDS , Eleanor N Creech , Allen L Mims , Jr , Thomas M Moore and Wade M Stewart Nays Cookie Pope The Chairman re - opened the public hearing Case 420 Petition to rezone approximately 295 acre parcel located on Allen Road SR 1516 in Cleveland Township from AR R40 to Residential 30 Owners Walter and Lois Langston , Applicants Southwind Development Mr Genereux pointed out the property on the GIS map and noted it is located off SR 1010 near the old Cleveland School Surrounding zoning is AR R - 40 , R - 30 , Mobile Home Park District , R - 10 and Planned Unit Development Ms Hicks showed photographs of the area The property is located in the Cleveland Water District Jeff Langston , the owner’s son , stated he wishes to subdivide into two lots the land in front of his mother’s property in order to supplement her income He plans to build 1200 sq ft to 1300 sq ft homes on the lots , similar to those in Cleveland Manor Subdivision located across from the property Mr Genereux stated the Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 420 Case 420 Petition to rezone approximately 295 acre parcel located on Allen Road SR 1516 in Cleveland Township from AR R40 to Residential 30 Owners Walter and LoisPage552 Langston , Applicants Southwind Development Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by the following vote , the Board approved rezoning case 420 for Southwind Development of approximately 295 acre parcel located on Allen Road SR 1516 in Cleveland Township from AR R40 to Residential 30 Ayes James H Langdon , Jr , Jerry F Wood , Eleanor N Creech , Allen L Mims , Jr , Thomas M Moore and Wade M Stewart Nays Cookie Pope The Chairman re - opened the public hearing Case 421 Petition to rezone approximately 1158 acre parcel located on Page Road SR 1528 in Cleveland Township from AR R40 to Residential 30 Owners Waverly and Mae Jones , Applicant Son - Lan Development Company Mr Genereux directed the Board’s attention to the GIS map and noted this petition is for only a portion of a larger parcel It is located in the southwestern section of the County along the Wake County Line and would be an addition to an existing R - 30 subdivision , providing a needed access road into Johnston County Surrounding zoning is AR R - 40 , R - 30 , and Mobile Home Park District Ms Hicks showed photographs of the property The property is located in the Cleveland Water District Leah Britt of Southfort Subdivision , whose husband spoke earlier , questioned the wisdom of approving subdivisions before the roads are built and turned over to the state for maintenance Commissioner Allen L Mims , Jr explained that once a property is rezoned , the Planning Board has to approve the subdivision plat , which shows the location of roads into the development Mr Genereux stated the Planning Board and staff recommended approval of the rezoning The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 421 Case 421 Petition to rezone approximately 1158 acre parcel located on Page Road SR 1528 in Cleveland Township from AR R40 to Residential 30 Owners Waverly and Mae Jones , Applicant Son - Lan Development Company Commissioner Jerry F Wood moved the Board approve rezoning case 421 for Son - Lan Development Company of approximately 1158 acre parcel located on Page Road SR 1528 in Cleveland Township from AR R40 to Residential 30 Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Jerry F Wood , DDS , Eleanor N Creech , Allen L Mims , Jr , Thomas M Moore and Wade M Stewart Nays Cookie Pope The Chairman re - opened the public hearing Case 422 Petition to rezone approximately 1128 acre parcel located on US 70 in Wilson’s Mills Township from Light Industrial to Heavy Industrial Owner and Applicant James T Uzzle Mr Genereux pointed out the property on the GIS map and noted this request is for a portion of a larger parcel with existing business along the road frontage A hog facility is located to the west of the property , and the nearest home is approximately 2000 to 2500 feet from the proposed industrial site The property is located just outside the Town of Wilson’s Mills , and the Town Council has indicated they have no opposition to this rezoning Ms Hicks showed photographs of the area The proposed industrial site would be located to the back of the property , but would be accessed from US 70 County water is available Economic Development Director , Michael de Sherbinin , informed the Board that ST Wooten plans to build a concrete batch plant on the property and is requesting the County extend water by way of a 6 water main from Hwy 70 back to the industrial site The industry has agreed to pave thePage553 interior road that runs through the parcel from Hwy 70 and plans a permanent facility that will add 750,000 to the tax base Approximately 15 jobs will be created Property owner , Jim Uzzle , stated , in his opinion , this rezoning would enhance the entire property including the existing businesses at the front of the parcel If approved , the facility will most likely be upgraded in the future and additional jobs created The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 422 Case 422 Petition to rezone approximately 1128 acre parcel located on US 70 in Wilson’s Mills Township from Light Industrial to Heavy Industrial Owner and Applicant James T Uzzle Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech , and carried by unanimous vote , the Board approved rezoning case 422 for James T Uzzle of approximately 1128 acre parcel located on US 70 in Wilson’s Mills Township from Light Industrial to Heavy Industrial 4 Extension of Water to Industry Approved The Board discussed the request to extend water to the proposed industrial site for S T Wooten , off Hwy 70 in Wilson’s Mills Township Michael de Sherbinin stated the estimated cost would be 40,000 Commissioner Allen L Mims , Jr questioned the County extending water back from the Highway to the site He suggested this might be setting a precedent and noted he would like to hear from Engineer Tim Broome before making a decision Commissioner Thomas M Moore responded that he talked with Mr Broome and staff has no problem with this request He also noted the County has always extended utilities to proposed industries , especially when the number of jobs and potential tax base indicates the County will be compensated within 10 years for their investment Based on the tax base and cost of running the water line back to the site , the pay back would be in three years County Manager , Rick Hester , suggested that funds could come from the McGee’s Crossroads Water District reimbursement to the County for money spent on the McGee’s Crossroads School utilities Following further discussion , Commissioner Thomas M Moore moved the Board approve a water line to the industrial site for S T Wooten in Wilson’s Mills Township at a cost not to exceed 40,000 , with the understanding the funds would come from McGee’s Crossroads Water District reimbursement to the County Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Jerry F Wood , Eleanor N Creech , Thomas M Moore , Cookie Pope , and Wade M Stewart No Allen L Mims , Jr The Chairman re - opened the public hearing Case 423 Petition to rezone approximately 4435 acre parcel located on Benson - Hardee Road SR 1303 in Pleasant Grove Township from AR R40 to Residential 30 Owner Leewood Godwin , Applicant Son - Lan Development Mr Genereux indicated the property on the GIS map and noted it is located in the southwestern corner of the County near Old Fairgrounds road The Surrounding zoning is AR R - 40 , R - 30 , Mobile Home Park District and several small commercial zonings This parcel would be served by a Harnett County Water System In response to questions from Board members , Engineer Tim Broome stated a number of properties in that area of the County are currently served water by Harnett County , with the understanding thatPagePage pageNumber5554 Johnston County can purchase those lines if we extend water to this area At present , approximately 190 households on the Harnett County water system will be in the McGee’s Crossroads Water District Staff has been negotiating with Harnett County about the District purchasing these water lines Surveyor , Jimmy Barbour , stated that due to the amount of wet land and poor soil conditions on much of this property , it would not be economically feasible to develop at AR R - 40 Since water is available , he asked the Board to approve the R - 30 designation 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 423 Case 423 Petition to rezone approximately 4435 acre parcel located on Benson - Hardee Road SR 1303 in Pleasant Grove Township from AR R40 to Residential 30 Owner Leewood Godwin , Applicant Son - Lan Development Commissioner Thomas M Moore moved the Board approve rezoning case 423 for Son - Lan Development of approximately 4435 acre parcel located on Benson - Hardee Road SR 1303 in Pleasant Grove Township from AR R40 to Residential 30 Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Jerry F Wood , DDS , Eleanor N Creech , Allen L Mims , Jr , Thomas M Moore and Wade M Stewart Nays Cookie Pope 5 Rezoning Cases Requested as Special Use Districts The Chairman reopened the public hearing He explained the following case is for a special use district and will be heard without interruption Decision will follow the hearing He cautioned that only discussion on whether a property is suitable for rezoning can be heard in this hearing Any discussion concerning the proposed use would only be allowed at the next hearing for a special use permit Case 418 Petition to rezone approximately 066 acre parcel located on NC Highway 42 in Clayton Township from AR R40 to Highway Business Special Use District Owner and Applicant William E Johnson Mr Genereux pointed out the property on the GIS map and noted it is located near the intersection of NC 42 and Cornwallis Road Surrounding zoning is AR R - 40 , R - 30 , General Business , and Mobile Home Park District Ms Hicks showed photographs of the property with an existing house and detached storage building Attorney Bob Spence , Jr , representing the owners , noted there were some neighboring property owners at the Planning Board hearing who voiced concern about loss in property values if this rezoning was approved He noted that following the meeting , these persons expressed to him that their concerns had been alleviated He asked the Board to approved the rezoning and noted that due to the tremendous changes in this area , this is no longer a residential community Randy and Vicky Bridges stated they originally had concerns , however , they have talked with their neighbors and everyone now agrees that a business would be the best use of the property Becky Johnson , owner of the property , noted the surrounding landowners have now signed a petition supporting the rezoning She stated she and her husband plan to improve the appearance of the property , and the business should not create much additional traffic except possibly on Friday afternoons Beth Chesson , who lives in Oak Forest Subdivision and whose home is located directly behind this property , stated , if the rezoning is approved , she would like to see requirements about the entrance and exit to the business , parking , and buffering along the back of the property Mr Genereux stated the Planning staff recognized the fact that this will most likely become a commercial area in time , however there are currently nine existing residential lots , and since the BoardPagePage pageNumber6555 has determined that commercial growth is better at intersections and interchanges and there is vacant land at the intersection of Cornwallis Road , they recommended denial Staff was also concerned about a potential excess of commercial driveways opening to Hwy 42 The Planning Board also recommended denial for the same reasons Following general discussion , the Chairman closed the public hearing 6 Decisions on Rezoning Cases Requesting Special Use Designation Case 418 Petition to rezone approximately 066 acre parcel located on NC Highway 42 in Clayton Township from AR R40 to Highway Business Special Use District Owner and Applicant William E Johnson Following discussion , Commissioner Allen L Mims moved the Board approve rezoning case 418 for William E Johnson of approximately 066 acre parcel located on NC Highway 42 in Clayton Township from AR R40 to Highway Business Special Use District Commissioner Cookie Pope seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Vice - Chairman , Jerry F Wood , Eleanor N Creech , Allen L Mims , Jr , and Wade M Stewart Nays Thomas M Moore 7 Public Hearing - Special Use Permit Request Advertised - The Smithfield Herald - July 2 and July 9 , 1999 Certified letters were mailed to adjoining property owners on July 2 , 1999 , and notices were posted at the locations on July 29 , 1999 The Chairman opened the 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 418 Special use permit application for a meeting area for builder superintendents and secretaries The intended use of the large barn would be for storage purposes The property totals approximately 066 acre and is located on NC Highway 42 in Clayton Township Owner and Applicant William Johnson Mr Genereux explained this petition is for a storage barn and office area for Mr Johnson’s construction business He briefly reviewed with the Board the preliminary site plan Attorney Bob Spence stated the business would generate little additional traffic , except possibly on Friday when the contractors come by to pick up their pay He noted the owners would agree to any restrictions the Board felt was necessary , including hedges along the side , buffering at the back of the property and fencing The Board discussed the need for additional right of way to allow for future widening of Hwy 42 , and discussed the hours of operation , a restriction on outside storage , buffering and driveway requirements There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning Case 418 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicant on this case Response Yes Sir 1 Did the applicant meet the requirements at that time by providing sketch plans illustrating the location , size and major design elements of the development of the site Response Yes Sir 2 Did your department prepare an analysis of the application 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 denial of Case 418 PagePage pageNumber7556 6 Did you notify the applicant in writing of the Planning Board’s recommendation Response Yes Sir 7 Is the applicant aware that if the Commissioners deny the request 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 8 Is the applicant aware that the right of appeal to the Superior Court must be exercised within thirty 30 days of this date Response Yes Sir 9 Is the applicant aware that the permit 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 8 Decisions On Special Use Permit Requests Case 418 Petition to rezone approximately 066 acre parcel located on NC Highway 42 in Clayton Township from Agricultural Residential 40 to Highway Business Special Use District Owner and Applicant William E Johnson 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 William E Johnson for a meeting area for builder superintendents and secretaries on approximately 066 acre parcel located on NC Highway 42 in Clayton Township based on the following findings of facts and with the following conditions Findings of Fact 1 Property is located on a major arterial highway 2 The use will provide a service not otherwise available in the area 3 The use as developed would not detract from the appearance of the neighborhood Conditions 1 Install a fence to the right of way on driveway side 2 no outside storage 3 hours of operation limited to 7 am to 8 pm , Monday through Friday 4 Must have a 30 foot buffer across the back property line 5 Driveway must be constructed at residential width instead of commercial 6 Parking to be approved by Planning staff 9 Johnston Memorial Hospital Request County Purchase of Burlington Building Lee Farnell , president of Johnston Memorial Hospital , met with the Board concerning the hospital’s request to the County to purchase the old Burlington Industries building located across from the hospital on Bright Leaf Boulevard He stated that Johnston Memorial would like to acquire the property for hospital and related use ; therefore , the Board of Trustees is proposing the County purchase the facility with the understanding the hospital would fully reimburse the County for the cost Commissioner Thomas M Moore voiced his support for this request In response to a question from Commissioner Cookie Pope concerning the proposed use and whether this might answer the Council on Aging’s space problems , Mr Farnell noted the hospital has hired a planner and intends to use the facility for hospital and health related purposes He concluded , in his opinion , the Council on Aging would be appropriate and would be a good complement for the hospital’s program Attorney Mark Payne stated he has reviewed the draft contract and has questioned some of the important details of the agreement He asked that if the Board approves the request , the motion include the authorization for the attorneys to work out the final conditions of the agreement He also questioned the timing of the reimbursement to the County and suggested the County should not have to front the money Following further discussion , Commissioner Thomas M Moore moved the Board approve the Hospital’s request for the County to purchase the Burlington Industries Building with the understanding the hospital will pay the entire cost of the purchase , and with the understanding the County and Hospital attorneys will work out the details for the agreement Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote PagePage pageNumber8557 10 Award of Bid for Engine Generator - Automatic Transfer Switch for Clayton # 2 Booster Pump Station Engineer Tim Broome reviewed with the Board the following bids received on August 6 , 1999 for a 350 kw standby power generator set and an 800 amp automatic transfer switch for the Clayton Booster Pump Station No 2 Piedmont Power Products , Inc , Charlotte , NC Delivery time 112 days 49 days 53,40655 Gregory Poole Power Systems , Raleigh , NC Delivery time 75 days 60 days 59,00000 generator set automatic transfer switch Mr Broome explained the work needs to be completed prior to the end of the calendar year and would be paid for with HUD Fran Relief Grant funds He noted both bidders took exceptions to the specifications , however , staff feels more comfortable with the alternates proposed by Gregory Poole Also , when the exceptions are considered , there is very little difference in the bids For that reason , and considering the difference in the delivery time , he recommended award of contract to second bidder , Gregory Poole Power Systems of Raleigh at the bid price of 59,000 Following discussion , Commissioner Jerry F Wood , moved the Board accept the recommendation of the County Engineer and award a contract to Gregory Poole Power Systems of Raleigh , North Carolina , for the engine generator and automatic transfer switch for Clayton # 2 Booster Pump Station in the amount of 59,00000 Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 11 Budget Amendment - Southeast Lowground Water Project Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved the following budget amendment for the Southeast Lowground Water Project FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85901807 Water - Southeast Lowgrounds 715,000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 859033515 Clean Water Grant 715,000 12 Closed Session NCGS 143 - 31811 3 Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board recessed regular session to meet in closed session under NCGS § 143 - 31811 3 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board adjourned closed session and resumed regular session There being no further business , Commissioner Thomas M Moore moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage