April 21, 1999 - 6:30 PM - County Board of Commissioners Meeting Minutes (Special)

10 386 April 21 , 1999 The Johnston County Board of Commissioners met in special session on Wednesday , April 21 , 1999 , at 6 30 oclock pm in the auditorium of the Wade H Atkinson Memorial Library and Community Center in the Corbett - Hatcher Community , NC Hwy 39 North , north of Selma , North Carolina , with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Jerry F Wood , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None Also Present Rick Hester , Interim County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , Attorney The Chairman called the meeting to order He noted the purpose of this special session is to meet with certain Johnston County landowners affected by the City of Wilson's attempts to condemn land in Johnston County for an expansion of the Buckhorn Reservoir The following citizens were in attendance at this meeting An denotes speakers Janine Ellis , 8300 Antioch Church Rd , Middlesex , NC Judy Hocutt , 8541 Bailey Rd , Sims , NC Betty Jean Ellis , 8352 Antioch Church Rd , Middlesex , NC Michael Hocutt , 8541 Bailey Rd Sims , NC Danny L Wilkins , 8096 Antioch Ch Rd , Middlesex , NC Jo Eatman , 8572 Bunn Rd , Middlesex , NC Catherine Haynes , 8563 Bailey Rd , Sims , NC Wayne Joyner , 9502 Hawley Rd , Kenly , NC Thelma B Bailey , 8446 Bailey Rd , Sims , NC Hobbie L Hinnant , 9409 Hawley RdKenly NC Rex Haynes , 8563 Bailey Rd , Sims , NC Clovis Boykin , 8461 NC 222W Middlesex NC Sadie Renfrow , 165 Christmas Light Rd , Kenly , NC Elsie Woodlief , 9143 Bunn Rd , Middlesex , NC Clarence M Kirk , Box 729 , Wendell , NC Mary & Lewis Moody , 3801 Sue Lane Terrell Thomas , Box 729 , Wendell , NC Raleigh , NC William Ronald Hocutt , 1697 Richardson Rd , Zebulon , NC Joe & Cenie Tippitt , 6710 Flat Rock Rd Clawson & Betty Barham , 427 Session Rd , Middlesex , NC Sims , NC Gary S Bailey , 115 Bailey Farms Ln Zebulon , NC Jay Brinchek , 4690 Glendale Rd , Kenly , NC Johnny D Corbett , 1710 London Church Rd , Wilson , NC Donald Mitchell , 6795 222 W Kenly , NC Teresa Corbett , 1710 London church Rd , Wilson , NC Thomas E Johnson , 6255 - 5 Flower Hill Rd James D Davis Jr 7548 Flower Hill Rd , Middlesex , NC Kenly , NC Nancy Atkinson , 7159 Antioch Church Rd , Middlesex , NC JV & Pat Renfrow , 10445 NC 42 East Eddie Fair , 5601 Flower Hill Rd , Middlesex , NC Middlesex , NC Kenneth Narron , 8314 Flower Hill Rd , Middlesex , NC Johnny F Narron , 1459 Crocker Nub Rd Naomi R Powell , PO Box 219 , Middlesex , NC Middlesex , NC Gayle Parrish for Daisy Hinton , 3152 Richardson Rd , Ricky Godwin , Kenly , NC Zebulon , NC David Brewer , Middlesex , NC Mr & Mrs Bruce Garner , 3963 Lake Wendell Rd Milan Johnson , 9369 Bailey Rd , Kenly , NC Wendell , NC Jerry T & Linda Pope , 7250 Flower Hill Rd Larry B Tippett , 11625 NC 39 , Zebulon , NC Middlesex , NC Verlia Hocutt , 8378 Bailey Rd , Sims , NC Jess Keener , 2705 Simpkin Rd , Raleigh , NC Lloyd Tippett , Washington , NC Virginia Bass , 1509 Highland DrWilson , NC Glenn Tippett , brother of Joe Tippett - no address given Attorney Mark Payne gave a brief history of the attempt by the City of Wilson to acquire Johnston County land for the Buckhorn Reservoir expansion project , and the current status of the suit between Johnston County and the City of Wilson concerning this matter Due to Wilson's reliance on the Buckhorn Reservoir as a water supply , the US Corps of Engineers looked at this project twenty years ago The Corps abandoned the project , and Wilson took it over In 1989 , Wilson began contacting property owners in the area , including Johnston County property owners , about acquiring their land When it was recognized that Johnston County has in place a local law , NCGS § 153 - A 15 , which requires an outside entity to obtain permission from the County Board of Commissioners in order to acquire or condemn land in Johnston County , City officials came before the Commissioners on three different occasions asking for that permission After several meetings and a public hearing , the Johnston County Board of Commissioners agreed to allow Wilson to acquire land through negotiation only , but not condemnation On October 20 , 1997 , Wilson proceeded with condemnation of 34 properties in Johnston County , ignoring the County's local law They are maintaining their City Charter allows them " quick take " authority under another statute , and that the City's charter supercedes Johnston County's localPage387 law On October 29 , 1997 , Johnston County filed a suit against Wilson saying their action was illegal based on the County's local law Judge Knox Jenkins heard the case and ordered Wilson not to proceed with condemnation , and ordered the condemnation action previously taken be removed from the records Wilson asked for a stay of the order , which froze everything until the case could be heard in the Court of Appeals Since that time , Johnston County and Wilson have filed briefs with the Court of Appeals th and oral arguments will be heard on Wednesday , April 28 Once a decision is handed down by the Court of Appeals , the losing side can ask for an appeal to the Supreme Court Mr Payne stated the reason the Commissioners called this meeting is to learn the concerns of the landowners and get some idea what position they would take if Wilson loses the appeal and comes back before the Board again requesting permission to proceed with condemnation Also it was felt the landowners needed to know the County's position and what they are doing to offer as much protection for the citizens as possible Several persons in attendance spoke of the problems they have experienced trying to deal with officials representing the City of Wilson , and noted their concerns for what will happen in the future Following is a synopsis of what was related to the Board about the landowners experiences with Wilson ` unfair treatment - harassment of landowners ` unreasonable offers - much less than market value - good farm land and land rich in natural springs ` easement agreements that would prevent landowners from any use of the property ` fear that if Wilson is allow to condemn this property , they will come back for more in the future ` intimidation of landowners ` fear of additional flooding on other properties ` No equity in negotiations - price per acre ranging from 300 to 5,200 - all for the same use ` entering on land , clearing and removing timber without notice or authority while case is still being heard , with no compensation to landowner ` disturbance of Natural Heritage acreage at Flower Hill ` interference with independent arrangements with utilities company CP & L ` construction of dam with new spillway - apparent preparation of flooding land regardless of lawsuit In response to some of the foregoing concerns , Mr Payne noted the best response the landowner would have is to get a private attorney to deal with any damage or change Wilson has made to the land He stated , in his opinion , there should be no action taking place on the property while the suit is pending He stressed it could be weeks or even months before the Court of Appeals makes a decision , and then further appeals could take much longer In response to a question about the money on file in the Clerk of Court's office from the City of Wilson's individual condemnation actions , Mr Payne noted the landowners , regardless of how the County's suit turns out , will not have to accept that amount If they do not consider it fair compensation , they can pursue this and eventually go before a jury in the matter of compensation William Ronald Hocutt addressed several issues he would like to see put into place in the event Johnston County property owners lose their land to the City of Wilson Among other issues , he maintained the City should be required to work out conservation plans for natural resources , compensate landowners for future loss of revenue , provide access to water for irrigation purposes , determine how the City will enter and leave the property with property owners retaining necessary right - of - ways and easements , provide Johnston County citizens the right to use recreational facilities associated with this project , pay all attorney fees and closing costs , allow property owners to retain future timber and mineral rights , disclose cost and compensation paid for all properties , provide visible monuments identifying property lines , provide like exchanges of property where applicable , and pay for timber already cut by the City's employees or contractors Commissioner Wade M Stewart asked how much total land was involved , and the number of landowners affected It was noted there is a little more than 600 acres in Johnston County , with condemnation originally filed on 34 landowners Currently 24 landowners are still unresolved Of the 24 landowners , 18 were in attendance and 13 of them stated they would sell if offered a fair price Page388 The Chairman thanked everyone for coming and sharing their concerns with the Board He noted the County has taken a stand and will not deviate from that stand in order to protect its citizens 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