March 8, 1999 - 7:00 PM - County Board of Commissioners Meeting MInutes

10 338 March 8 , 1999 The Johnston County Board of Commissioners met in regular session , Monday , March 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 , Interim 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 The Board recognized a group of Boy Scouts that were in the audience 1 Public Hearing - Rezoning Cases Advertised - The Smithfield Herald - February 26 and March 5 , 1999 Certified letters were mailed to adjoining property owners on February 26 , 1999 , and notices were posted at the locations on February 25 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following rezoning cases Case 379 Petition to rezone approximately 9 acres located on NC 42 West in Clayton Township from Agricultural Residential 40 to General Business Owner and Applicant Southwinds Development Company Cal Genereux , Planning Director , indicated the property on the GIS Map and noted the property is located on NC 42 West , near the intersection of Cornwallis Road He stated this is the fourth petition for rezoning on this parcel of land The entire tract of 21 acres runs along White Oak Creek and according to the most recent flood maps , much of the acreage is within the floodplain or floodway This petition for 9 acres includes only that eastern portion of the property that is not affected Surrounding zoning is AR R - 40 , MHPD , General Business , and Residential 30 Photos of the property showed there are no residents in the immediate area Sonny Johnson of 341 Sonny Road , Clayton , stated after seeing the latest flood maps , he decided to petition for rezoning of the 9 acres , and leave the remaining property in its natural state He noted he will work to stay in compliance with the stormwater and wetland requirements Mr Genereux noted that both the Planning Board and staff recommended approval Case 380 Petition to rezone approximately 93 acres located off Page Road SR 1528 in Cleveland Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Son - Lan Development Company Mr Genereux pointed out the property on the GIS Map and noted the tract is located on the Wake County Line just south of NC 42 Surrounding zoning is AR R - 40 , MHPD , and R 30 At present , the property is accessed through Wake County , but future plans include access from Johnston County Water will be provided by Johnston County Developer Sonny Johnson , stated that Son - Ridge Farms , the Wake County subdivision through which this property would be accessed , was developed by his company Also , if this property is rezoned , Son - Lan is looking at additional property in the area that would provide Johnston County access He noted this property is a very nice piece of land with a lot of natural area In response to questions from the Board , he explained that Heater Utilities will provide the water system for the development , however , they will purchase bulk water from the County Approximately 18 to 20 acres are not suitable for building and will be left undeveloped Mr Genereux stated that staff and the Planning Board recommended approval Page339 Case 381 Petition to rezone approximately 728 acres located on Herring Road SR 2319 and Bizzell Grove Church Road SR 2141 in Boon Hill Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Harvey and Myrtle Smith Mr Genereux indicated the property on the GIS Map and noted the tract is located between Pine Level and Princeton in the Princeton Kenly Water District Surrounding zoning is AR R40 and a Special Use District for a cell tower The rezoning would allow the applicant to create three additional lots Photos of the parcel showed the applicant’s home and several doublewide mobile homes are currently located on the property The Planning Staff and the Planning Board recommended approval Mr Harvey Smith , owner , requested the property be rezoned so he can get three additional lots and take advantage of county water Case 382 Petition to rezone approximately 654 acres located on Jones Road SR 1911 in Wilson’s Mills Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Robert Shearin Mr Genereux indicated the property on the GIS Map and noted the tract is located near the County Water Plant in the Neuse River Watershed The property is also in the Wilson’s Mills Water District and in the corporate limits of the Town of Wilson’s Mills Wilson’s Mills has submitted a letter voicing their approval of the rezoning Surrounding zoning is Light Industrial , MHPD , R 10 Special Use District , and General Business If rezoned , the owner can get an additional three lots from his property Photographs showed scattered residents in the area Owner Robert Shearin , who lives in Cary , stated there are several lots that have been built on behind this property He needs to build a road to access these homes , and with this rezoning , he could do this without losing additional lots Lloyd Barnes , who lives across from the property , stated he appeared before the Planning Board with concerns , however , those concerns have been answered and he is pleased with Mr Shearin’s development so far Mr Genereux noted that staff and the Planning Board recommended approval Case 383 Petition to rezone approximately 13962 acres located on Live Oak Church Road SR 1939 and Buffalo Road SR 1003 in O’Neals Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Charles Grant Mr Genereux indicated the property on the GIS Map and noted the tract is located between Buffalo Road and NC 96 behind Madison Hall Subdivision Surrounding property is zoned MHPD , Light Industrial and Small Commercial Zoning Several residents from Madison Hall Subdivision were present at the Planning Board meeting voicing concerns about whether a road would be cut through to Buffalo Road through their subdivision , and the possibility of this becoming a mobile home park They were assured a cut through would be impossible due to the amount of wetlands that would need to be crossed Due to type of soils , the 140 acre tract could only produce 75 lots , and only stick - built or double - wide mobile homes on permanent foundation could be put on the property The development would be served by a community water system In response to a question from Commissioner Cookie Pope , it was noted children in this area would attend Selma schools Commissioner Pope suggested that school districts be a part of rezoning information in the future Mr Genereux stated that both staff and the Planning Board recommended approval , however it was suggested open space should be incorporated in the design of this property There being no further comments , the Chairman closed the public hearing 2 Decisions on Rezoning CasesPage340 Case 379 Petition to rezone approximately 9 acres located on NC 42 West in Clayton Township from Agricultural Residential 40 to General Business Owner and Applicant Southwinds Development Company Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 379 for Southwinds Development Company of approximately 9 acres located on NC 42 West in Clayton Township from Agricultural Residential 40 to General Business Case 380 Petition to rezone approximately 93 acres located off Page Road SR 1528 in Cleveland Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Son - Lan Development Company Commissioner Thomas M Moore moved the Board approve rezoning case 380 for Son - Lan Development Company of approximately 93 acres located off Page Road SR 1528 in Cleveland Township from AR R - 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote Discussion Commissioner Allen L Mims , Jr commented he had some concern with there being no Johnston County access to this property , and expressed the hope that Mr Johnson’s plans work out for additional development with new roads that would eliminate this concern Case 381 Petition to rezone approximately 728 acres located on Herring Road SR 2319 and Bizzell Grove Church Road SR 2141 in Boon Hill Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Harvey and Myrtle Smith Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 381 for Harvey and Myrtle Smith of approximately 728 acres located on Herring Road SR 2319 and Bizzell Grove Church Road SR 2141 in Boon Hill Township from AR R - 40 to Residential 30 Case 382 Petition to rezone approximately 654 acres located on Jones Road SR 1911 in Wilson’s Mills Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Robert Shearin Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 382 for Robert Shearin of approximately 654 acres located on Jones Road SR 1911 in Wilson’s Mills Township from AR R - 40 to Residential 30 Case 383 Petition to rezone approximately 13962 acres located on Live Oak Church Road SR 1939 and Buffalo Road SR 1003 in O’Neals Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Charles Grant Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board approved rezoning case 383 for Charles Grant of approximately 13962 acres located on Live Oak Church Road SR 1939 and Buffalo Road SR 1003 in O’Neals Township from AR R - 40 to Residential 30 3 Resolution in Support of Tobacco Farmers Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board adopted the Resolution in Support of Tobacco Farmers , Phase I - Tobacco Settlement Funds RESOLUTION PHASE 1 - TOBACCO SETTLEMENT FUNDSPage341 WHEREAS , the family farmer along with tobacco growers , farm employees , allotment holders , tobacco manufacturing suppliers , seed dealers and warehouse operators have contributed to the rural heritage that continues to foster the family farm , a strong work ethic , and economic growth in Johnston County ; and WHEREAS , Johnston County is the second largest producer of flue - cured tobacco in the state of North Carolina ; and WHEREAS , the production of flue - cured tobacco contributes more than 50 million annually to the economy of Johnston County ; and WHEREAS , each pound of tobacco produces nearly 20 in state , local , and federal taxes WHEREAS , the economy of Johnston County is highly dependent on a viable and thriving agriculture ; and WHEREAS , due to the continual decline of basic quota of 346 since 1997 , detrimental effects on revenue and jobs are expected for 1999 ; and BE IT THEREFORE RESOLVED that the North Carolina General Assembly provide that one - half of North Carolina’s share of the Phase I Master Settlement Agreement proceeds shall be allocated for direct assistance to tobacco growers and or allotment holders so that these individuals may be compensated for lost revenue and property value in the event of a continual decline of the tobacco industry th ADOPTED this the 8 day of March , 1999 4 Board of Education - Riverwood School Site Tom I Davis , Deputy Superintendent of Schools , and Ray DeBruhl , Facilities Consultant , met with the Board to further clarify the site work for the proposed Riverwood School Mr DeBruhl informed the Board the cost of site work on the property is an estimate based on previous experience He provided the Commissioners a preliminary site plan which showed how both the elementary school and a future middle school would be situated on the property The Board of Education has included preliminary grading of the entire site in the cost estimate of 95 million for the project , with full site work planned only for the proposed elementary school The total estimated st cost of this site work would be 1 million The 600,000 request made at the March 1 meeting represents the necessary cash flow for three months - May , June and July Originally the plan was to begin work in April , but due to a delay in getting a deed to the property , work will not begin until May In response to a question from Commissioner Allen L Mims , Jr concerning whether land acquisition was included in the 95 million budget , MrDeBruhl stated the original cost estimate included land acquisition , however that was removed and the budget reduced to 95 million when it was understood the land would be donated When asked about the cost of the McGee’s Crossroads School , it was noted the construction cost was approximately 7 million , with a total project cost of about 86 million He assured the Commissioners that no money would be spent on this project that is not needed , and if there is any way to reduce the cost , it will be done 5 Juvenile Justice Crime Prevention Council Commissioner Wade M Stewart stated he has been working closely with Chief Court Counselor , Marion Rice , concerning the Juvenile Justice Crime Prevention Council Apparently Mr Rice had conferred with former County Manager earlier in the year about changes that would occur under the new Juvenile Code that would impact heavily on the nature of the new council Not being aware of the information , the Board made appointments in January , which now appear to have been inappropriate Considering the new information concerning the appropriate structure of the Juvenile Crime Prevention Council , Commissioner Wade M Stewart moved the Board rescind the recent appointments to the council made at the January 4 , 1999 meeting and authorize the Clerk to re - advertise the positions Commissioner Stewart further moved the Board adopt a policy stating that with the new Juvenile Crime Prevention Council , program providers will not be allowed to vote for any issues that might come before that council that involve the expenditure or awarding of Community Based Alternative CBA program funds Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 6 Sale of Surplus Vehicles Randy Wester , of Wester Auction Realty , asked the Board to consider letting him conduct thePagePage pageNumber5342 public auction on the County’s surplus vehicles in conjunction with a large vehicle sale he is holding th April 24 in Raleigh He explained he sells surplus vehicles for the cities of Raleigh , Cary , Clayton and Apex , as well as Wake County and other surrounding governmental units By having a larger inventory of vehicles , he can do much more extensive advertising and as a result , attracts buyers from areas all over the east coast He noted he should be able to get at least a 1,000 more per vehicle than the County has gotten from local sales in the past He stated he charges a commission rate of 495 and pays all expenses He outlined several options he offers and the related costs , such as power washing of the outside and engines , replacing batteries so the vehicles will start , inflating tires , etc In response to a question from Commissioner Thomas M Moore , it was explained the County has been paying an auctioneer a flat fee of 250 to conduct the sale in Smithfield , and mostly local citizens have purchased the cars Mr Wester agreed to spend 500 advertising in Johnston County so local persons interested would have an opportunity to come to Raleigh and bid on the cars Chairman James H Langdon , Jr voiced concern that other people who offer similar services had not had the opportunity to give the County a price for selling these cars He suggested the Board take this matter under advisement , however , several Board members felt a decision should be made in order to participate in wide - scale advertising Following discussion , Commissioner Thomas M Moore moved the Board authorize Finance Officer , John R Massey , to arrange for the sale by public auction of surplus County vehicles through Randy Wester of Wester Auction Realty , on April 24 , 1999 at 10 00 am at 4120 New Bern Avenue , Raleigh , NC Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes Cookie Pope , Jerry F Wood , Eleanor N Creech , Thomas M Moore , Allen L Mims , and Wade M Stewart No James H Langdon , Jr Sheriff Steve Bizzell stated that his Department would take care of getting the vehicles to the sale 7 Support for Legislation to Strengthen Anti - Littering Laws and Penalties for Persons Convicted of Littering Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Clerk to send a letter on their behalf to members of the General Assembly in support of legislation that would strengthen and improve the laws that deal with the prevention of and associated penalties for littering 8 County to Have Blank Local Bill Introduced in the General Assembly In order to meet the deadline for introducing local bills in the NC General Assembly , Commissioner Thomas M Moore moved the Board ask our local legislators to introduce a “ blank ” local bill for Johnston County , which could be used later as needed Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote 9 Little Creek Water District - Extension of Incentive Period Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board recessed regular session to sit as the Little Creek Water District Board Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board extended the 75 Incentive Tap Fee period for the Little Creek Water District until May 14 , 1999 Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Little Creek Water District Board adjourned , and regular session was resumed 10 Additional Board Comments & ReportsPagePage pageNumber6343 ` Recreation Committee Report - Commissioner Allen L Mims , Jr stated the committee appointed by the Chairman to review recreation grants has come up with some preliminary suggestions Board members were asked to review the recommendations and bring comments back to the committee ` Lights for Legion Field - Chairman James H Langdon , Jr stated he attended the Smithfield Town Council meeting when this request came before that board He reported the councilmen seemed willing to participate in the project ` Dates Set for Meetings with County Departments and Agencies - The Board set the following four dates for meeting with the individual County departments and agencies Thursday , April 1 , 1999 Tuesday , April 13 , 1999 Monday , April 19 , 1999 Thursday , April 22 , 1999 All meetings will be held in the Emergency Operations Center EOC in the Law Enforcement Center from 6 30 pm until 9 30 pm There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage