January 11, 1999 - 6:30 PM - County Board of Commissioners Recessed Meeting Minutes (Recessed)

10 262 January 11 , 1999 Recessed Session The Johnston County Board of Commissioners met in recessed session , Monday , January 11 , 1999 , at 6 30 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 Richard B Self , County Manager , Mark Payne , County Attorney and Joyce H Ennis , Clerk to the Board The Chairman reconvened the recessed meeting of January 4 , 1999 , and the following business was transacted 1 County Manager Dismissed Chairman James H Langdon , Jr stated that negotiations with County Manager , Richard Self , on his severance package have been unsuccessful The County has offered Mr Self a package worth approximately 50,000 , and Mr Self has stated he would settle for 112,000 Considering the stalemate , he asked the pleasure of the Board Commissioner Cookie Pope made the following comments ending in a motion to terminate Richard Self's employment as County Manager " Our County Manager , Richard Self , has been employed by and has served Johnston County for the past 12 years His service has been pursuant to NCGS 153A - 81 which provides that a County Manager shall serve at the pleasure of the Board of Commissioners On October 2 , 1995 , the Board of Commissioners entered into an employment agreement with Mr Self which provided an escalating severance package of very expensive benefits with a value today ranging from 153,580 the County's interpretation of the agreement to in excess of 200,000 Mr Self's interpretation of the agreement , plus attorneys fees As time goes on , the value of this severance package escalates to a point where it will be financially prohibitive for the taxpayers of Johnston County to ever terminate Mr Self's employment , whether it be for cause or not This burden to the taxpayers of Johnston County is in conflict with NCGS 153A - 81 in that it is an attempt on the part of the County Manager to take the terms of his continued employment out of the hands of the County Commissioners A majority of the new Board members recently expressed a desire to have a County Manager of its choice and has tried , without success , to encourage Mr Self to continue to serve as County Manager on a interim basis to allow the Board the time and opportunity to locate and hire a manager Mr Self is not agreeable to serve any longer as County Manager , nor is he agreeable to negotiate a package of severance benefits that are reasonable to the taxpayers of Johnston County MOTION TO TERMINATE I therefore move that the County Manager , Mr Richard Self , be terminated and that the employment agreement not be honored for the reasons mentioned above I further move that future negotiations , if any , be done through our attorney " Commissioner Allen L Mims , Jr seconded the motion DISCUSSION Commissioner Eleanor N Creech made the following comments Page263 th " I was unable to be at the January 4 meeting due to illness , however , I take my position on this Board very seriously First of all , I do not feel that Richard Self has ever been a burden on Johnston County He has been very professional and done a good job My sincere concern and question is what solid justification is there to take this action In my opinion , it is unfair and a big mistake , especially at this particular time In a few months this County will be faced with one of its most difficult budgets New members of this Board have not had the opportunity to get to know Richard Self Richard Self is an excellent County Manager , He is fair , honest , dedicated and sincere in performance of his duties He is truly a professional in every way He has managed this County well , and I am proud that Johnston County is financially sound I ask you to review the progress Johnston County has made in the past 10 years Johnston County is recognized as a leader in the State a GIS Department has won many awards and has been recognized nationally b The Finance Office has been recognized nationally for its accounting procedures c All departments are up - to - date in technology d The County provides first class service to its citizens e The School system has made major improvements f The County has had many capital projects , the new water plant , the many water districts , and - on and on Richard Self will work for this Board in the same professional way he has for previous Boards if given the opportunity I can't reason this out , it just makes no sense to me I know each Board member has good ideas , but why would you terminate a person before you know what they are really capable of doing Be fair to Richard and to yourself - take time to make up your own mind - do not depend on the opinions of others , they may not be right You should not hijack this County for partisan reasons " Commissioner Thomas M Moore remarked the action being taken by the Board , in his opinion , is the only action possible under the existing circumstances He noted that Richard Self has been a good manager , and commented the job is difficult because no manager can please everyone He stressed that it is important that the County not get into the same situation the Town of Smithfield was in when there was disagreement among council members concerning the suitability of the town manager , and subsequently , the town was in limbo , unable to function Commissioner Jerry F Wood stated he would vote against this action because , in his opinion , the timing is wrong , but stated he would work with this Board Commissioner Allen L Mims , Jr commented that , in his opinion , it was time to address the manager's employment agreement , regardless of anything else The Legislature set up the position of manager to serve at the pleasure of the Board , therefore any employment contract should be for no longer that two years , so that newly elected boards can make up their own minds He concluded that if correcting the contract leads to the dismissal of the manager , then , in his opinion , so be it VOTE Ayes James H Langdon , Jr , Thomas M Moore , Allen L Mims , and Wade M Stewart and Cookie Pope No Eleanor N Creech and Jerry F Wood Richard B Self left the meeting turning over the keys to his office to Assistant County Manager , Rick Hester 2 Committee to Select Attorney to Represent County in Litigation on Employment Agreement The Chairman noted it would not be appropriate for the staff attorney , Mark Payne , to represent the County in any litigation concerning the former manager's employment agreement since he was initially hired by Mr Self Therefore , he appointed Commissioner Jerry F Wood and Commissioner Thomas M Moore to serve with him to select an attorney to represent the County in this matter Page264 3 Appointment of Interim Manager - Rick Hester Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board appointed Rick Hester as Interim Manager 4 Comments from the Chairman Chairman Langdon stated the termination of Richard Self as county manager was very difficult for him He noted Mr Self has been a professional at the highest level and served the County well over the years Sometimes the friction that existed between Mr Self and others was due to personalities , and sometimes due to the fact the manager was simply reflecting the Board's position He noted the position of manager is very demanding , and in his opinion , it is time for a new manager with fresh ideas He stressed he would make every attempt to go through the process of finding a new manager in a positive way in order to accomplish the goals this Board wishes to accomplish He wished Richard Self the very best in the future There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote January 11 , 1999 Regular Session The Johnston County Board of Commissioners met in regular session , Monday , January 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 , Interim County Manager , Mark Payne , County Attorney and Joyce H Ennis , Clerk to the Board The Chairman called the meeting to order and the following business was transacted 1 Public Hearing - Rezoning Cases Advertised - The Smithfield Herald - January 1 , and January 8 , 1999 Certified letters were mailed to adjoining property owners on December 31 , 1998 , and notices were posted at the locations on December 31 , 1998 The Chairman opened the public hearing and invited anyone who wished to comment on the following rezoning cases Case 364 Petition to rezone approximately 428 acres located on Brogden Road SR 1007 in Boon Hill Township from Agricultural Residential 40 to General Business Owners Ricky and Terry Braswell Applicant Rudolph Baker Cal Genereux , Planning Director , pointed out the property on the GIS map and noted the surrounding zoning is commercial , community business and AR R - 40 He provided photographs which showed several single family homes in the vicinity Staff recommended approval , but favored a more restrictive or special use The case was tabled by the Planning Board in October in order to see if the applicant would consider a special use district designation At the November meeting , the applicant declined the request and the Planning Board subsequently recommended denial Case 369 Petition to rezone approximately 167 acres located on Buffalo Road SR 1003 in Selma Township from Agricultural Residential 40 to Office Institutional Special Use District Owners and Applicants Richard and Rose Hammond Page265 Mr Genereux indicated this parcel on the GIS map and noted the property is located in front of Madison Hall Subdivision and directly across the road from a 750 acre vacant parcel He showed a photograph of the lot and structure proposed for rezoning , and noted some additional homes are located in the vicinity Surrounding zoning is AR R - 40 , Mobile Home Park , Commercial , and R - 10 Special Use District Owner and applicant , Rose Hammond , who lives on the property , asked the Board to approve the rezoning Mr Genereux noted that staff recommended denial based on the location being a distance from any intersection on Buffalo Road , and the fact that the area is primarily residential The Planning Board , however , recommended approval Case 370 Petition to rezone approximately 3 acres located on Old Beulah Road SR 1934 in Micro Township from Agricultural Residential 40 to Community Business Special Use District Owners and Applicants Jerry and Patricia Baker Mr Genereux pointed out this parcel on the GIS map and noted the portion for rezoning is part of a larger parcel located near the ETJ boundary of Micro Micro was notified and had no problem with the rezoning Surrounding zoning is AR R - 40 He showed photographs of the property and noted the proposed parcel is located behind an existing structure with several mobile homes in the immediate area Jerry Baker , 4004 Old Beulah Road , Selma , son of the owner , stated he lives in a doublewide mobile home on the property and supports the rezoning Mr Genereux noted that staff recommended denial based on the fact that the proposed use would be more appropriate in or near an urban area The Planning Board recommended approval as a special use district with stipulations Case 372 Petition to rezone approximately 3 acres located on US 70 West Business in Wilson's Mills Township from Agricultural Residential 40 to Community Business Special Use District Owners John and Parthenia Suggs Applicant Katrusia Johnson Mr Genereux noted this request has been reduced to 17 acres He indicated the property on the GIS map and noted the parcel is the northwestern corner of a larger tract located approximately 1500 feet from US 70 The surrounding zoning is Mobile Home Park , Commercial , General Business Overlay Corridor , R - 10 , R - 30 , and Light Industrial He showed photographs of the property taken from the entrance on US 70 and noted there is an existing privately owned paved road that leads back past the property to a subdivision Applicant , Katrusia Johnson , asked the Board to approve the rezoning , and offered to answer any questions Mr Genereux stated that after the applicant amended their application to eliminate several undesirable uses , the staff recommended approval The Planning Board also recommended approval Case 373 Petition to rezone approximately 333 acres located on Red House Road SR 2518 in Boon Hill Township from Agricultural Residential 40 to Community Business Special Use District Owner & Applicant James Capps Mr Genereux pointed out the parcel on the GIS map and noted it is the western portion of a larger tract located approximately 19 miles north of the Brogden community He showed a photograph and noted there are no other commercial properties in the vicinity The area proposed for rezoning is located behind an existing structure , and most of the surrounding property is vacant land zoned AR R - 40 James Capps , owner and applicant , asked the Board to approve the rezoning Jimmy Edwards , who owns property across from this site , opposed the rezoning Mr Genereux stated that staff recommended denial of the rezoning because they were concerned with the proposed use of the property The Planning Board recommended approval as a special use district PagePage pageNumber5266 Case 374 Petition to rezone approximately 125 acres located on NC 50 Highway in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Maurice Stephenson and wife , Dennis Stephenson and Lucille Stephenson Mr Genereux pointed out this property on the GIS map and noted the parcel is located on the west side of NC 50 north of Georgetown Subdivision Surrounding zoning is Mobile Home Park , R - 30 , and Commercial Dennis Blackmon , surveyor , spoke on behalf of the property owners He shared with the Board a preliminary plan of the proposed subdivision with 105 building lots , and noted this would be a very upscale project A portion of the property would be left as a natural area and public water would be available He asked the Board to approve the rezoning stating the R - 30 designation would allow the owners to make the most use of the areas of the tract that are suitable for building Mr Genereux stressed that the plan shown is only a preliminary drawing , and approval of the rezoning would not mean the plan was approved Both staff and the Planning Board recommended approval of this rezoning There being no further comments , the Chairman closed the public hearing 2 Decision on Rezoning Cases Case 364 Petition to rezone approximately 428 acres located on Brogden Road SR 1007 in Boon Hill Township from Agricultural Residential 40 to General Business Owners Ricky and Terry Braswell Applicant Rudolph Baker Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board denied Rezoning Case 364 for Rudolph Baker of 428 acres on Brogden Road to General Business Case 369 Petition to rezone approximately 167 acres located on Buffalo Road SR 1003 in Selma Township from Agricultural Residential 40 to Office Institutional Special Use District Owners and Applicants Richard and Rose Hammond Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved Rezoning Case 369 for Richard and Rose Hammond of approximately 167 acres located on Buffalo Road SR 1003 in Selma Township from Agricultural Residential 40 to Office Institutional Special Use District Case 370 Petition to rezone approximately 3 acres located on Old Beulah Road SR 1934 in Micro Township from Agricultural Residential 40 to Community Business Special Use District Owners and Applicants Jerry and Patricia Baker Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech , and carried by unanimous vote , the Board approved Rezoning Case 370 for Jerry and Patricia Baker of approximately 3 acres located on Old Beulah Road SR 1934 in Micro Township from Agricultural Residential 40 to Community Business Special Use District Case 372 Petition to rezone approximately 17 acres located on US 70 West Business in Wilson's Mills Township from Agricultural Residential 40 to Community Business Special Use District Owners John and Parthenia Suggs Applicant Katrusia Johnson Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved rezoning case 372 for Katrusia Johnson of approximately 17 acres located on US 70 West Business in Wilson's Mills Township from Agricultural Residential 40 to Community Business Special Use District Case 373 Petition to rezone approximately 333 acres located on Red House Road SR 2518 in Boon Hill Township from Agricultural Residential 40 to Community BusinessPagePage pageNumber6267 Special Use District Owner & Applicant James Capps Commissioner Thomas M Moore moved the Board deny rezoning case 373 for James Capps of approximately 333 acres on Red House Road from AR R - 40 to Community Business Special Use District Commissioner Jerry F Wood seconded the motion , and the Chairman called for any discussion Commissioner Allen L Mims , Jr stated he had reservations , but had thought a special use might have worked , however he would go along with the motion The Chairman called for a vote and the motion passed unanimously Case 374 Petition to rezone approximately 125 acres located on NC 50 Highway in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Maurice Stephenson and wife , Dennis Stephenson and Lucille Stephenson Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board approved rezoning case 374 for Maurice Stephenson and wife , Dennis Stephenson and Lucille Stephenson of approximately 125 acres located on NC 50 Highway in Cleveland Township from Agricultural Residential 40 to Residential 30 3 Public Hearing - Special Use Permits The Chairman opened the public hearing and invited anyone who wished to comment on the following request for special use permits Persons wishing to speak on Cases 369 , 370 , and 372 were sworn in by the Clerk Case 369 Special use permit application for a real estate office on approximately 167 acres located on Buffalo Road SR 1003 in Selma Township Owners and Applicants Richard and Rose Hammond Mr Genereux explained Ms Hammond and her husband wish to use their home as their real estate office Based on statistics , a home use as an office would generate approximately the same amount of traffic as two homes Ms Hammond indicated at the Planning Board meeting she would like to have a small 3 x5 sign in her front yard , which would be consistent with the zoning ordinance The Planning Board recommended approval with the condition that no more that 5 employees work out of the office home , including the two owners Rose Hammond stated she and her husband have lived on this property since 1988 , and she has been using a portion of the home as her office since 1989 It was only recently that she discovered she needed to be rezoned At present , she and her husband would be the only two working out of the office home Concerning the sign , Ms Hammond stated she has found a smaller sign with a lamppost design , which would look nicer in the neighborhood She noted her neighbors have voiced no opposition to the rezoning Case 370 Special use permit application for a storage warehouse for a masonry business on approximately 3 acres located on Old Beulah Road SR 1934 in Micro Township Owners and Applicants Jerry and Patricia Baker Mr Genereux explained the Bakers wish to construct a 40 x 80 storage warehouse for their masonry business on the property They plan to put fencing around the area behind the new building for scaffolding and other large equipment The Planning Board recommended approval with the condition a site plan be approved by the Planning staff prior to this hearing with the Board of Commissioners He presented a rough draft site plan which was provided by the owners , however , he pointed out that the plan appears to be incomplete , was not drawn to scale and is unclear as to the type of landscaping and fencing that is proposed He stressed that if the Board approves the special use permit at this time , the Planning Staff would be required to use this unprofessional site plan for enforcement purposes Mr Baker stated he and his father have an existing storage building , however they need additional room to store their equipment and space to do maintenance of their vehicles In response to a questionPagePage pageNumber7268 from Commissioner Allen L Mims , Jr , Mr Baker stated the existing building is approximately 40 x 30 Case 372 Special use permit application for a day care curriculum school on approximately 3 acres located on US 70 West Business in Wilson's Mills township Owners John and Parthenia Suggs Applicant Katrusia Johnson Mr Genereux explained Ms Johnson wishes to operate a day care facility on the site Originally the proposed use included a variety of additional requests such as office space , a residence , churches and other customary related uses After discussion , the permit application was reduced to a day care curriculum school only The day care would operate from 6 am until 7 pm with approximately 60 students and 15 staff members , and the estimated traffic count would be 275 to 350 trips per day The Planning Board recommended approval Ms Johnson stated the facility would be constructed of cement block with a brick front The curriculum school would serve children 2 to 5 all day , and have an after school program for children up to 12 School children would be tutored by qualified teachers in the afternoon The only travel on the road would be staff and parents , and persons going in and out of the existing subdivision , which is located further down the road past this property In response to questions from Commissioner Mims concerning water and sewer and maintenance for the private road , Ms Johnson noted the facility would be served with a well and septic system , and an arrangement would be worked out with the owner concerning maintaining the road The Chairman addressed the following questions to Mr Genereux concerning Special Use Permit Cases 369 , 370 , and 372 l Mr Genereux , were pre - application conferences held by the Planning Department with the applicants on this cases Response Yes Sir 2 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 3 Did your department prepare an analysis of the applications including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes , we did 4 Did the Planning Board advertise and hold a hearing open to the public Response Yes , Sir 5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 6 What is the recommendation of the Planning Board Response The Planning Board recommended approval of Cases 369 , 370 , and 372 Chairman Are conditions attached to these cases Response Yes , Sir on Cases 369 and 370 Case 369 No more than five employees inclusive of the owners Case 370 Site plan approved by Planning staff prior to submission to Board of Commissioners Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Boards recommendations Response Mr Genereux read the following evidence of support found by the Planning Board on Cases 369 , 370 and 372 Case 369 1 The property is located on a major arterial 2 The proposed use will serve the surrounding community Case 370 1 The proposed land use will not be visible from the street 2 Adjoining land owners were not in opposition Case 372 1 The proposed use will provide a needed service to the community 2 The distance from Hwy 70 provides a needed safety margin 3 The proposed use will be in harmony with the surrounding neighborhood 7 Did you notify the applicants in writing of the Planning Boards recommendations Response Yes , Sir 8 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 9 Are the applicants aware that the right of appeal to the Board of Adjustment must be exercised within thirty 30 days of this date Response Yes , Sir 10 Are the applicants aware that the permits will expire at the end of twelve 12 months if they are not used as permitted within that time period Response Yes , Sir PagePage pageNumber8269 There being no further comments , the Chairman closed the public hearing 4 Decisions - Special Use Permits Case 369 Special use permit application for a real estate office on approximately 167 acres located on Buffalo Road SR 1003 in Selma Township Owners and Applicants Richard and Rose Hammond Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Richard and Rose Hammond for a real estate office on approximately 167 acres located on Buffalo Road SR 1003 in Selma Township with the following condition that no more than five employees operate out of this site , and based on the following findings of fact 1 The property is located on a major arterial 2 The proposed use will serve the surrounding community Case 370 Special use permit application for a storage warehouse for a masonry business on approximately 3 acres located on Old Beulah Road SR 1934 in Micro Township Owners and Applicants Jerry and Patricia Baker Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board recommended that rezoning case 370 be tabled until a professional site plan could be submitted Commissioner Mims further stated he would prefer to see conditions explored concerning the setback , buffering and hours of operation Case 372 Special use permit application for a day care curriculum school on approximately 3 acres located on US 70 West Business in Wilson's Mills Township Owners John and Parthenia Suggs Applicant Katrusia Johnson Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board authorized the Planning Board to issue a special use permit for a day care curriculum school for Katrusia Johnson on approximately 3 acres located on US 70 West Business in Wilson's Mills Township based on the following findings of fact 1 The proposed use will provide a needed service to the community 2 The distance from Hwy 70 provides a needed safety margin 3 The proposed use will be in harmony with the surrounding neighborhood CASE 373 - Discussion Mr James Capps asked what type of appeal he would have to the Board's decision to deny his rezoning request CASE 373 It was explained he could appeal to the Superior Court Attorney Mark Payne agreed to speak with Mr Capps on the following day to explain the process 5 Board Reports and Comments Commissioner Allen L Mims , Jr stated he would like to see the Board consider each rezoning case at the time it is heard He suggested the public hearing could be recessed following each case , and the Commissioners could make a decision while the facts are still fresh on their minds He also noted this would allow those citizens whose case was heard early in the hearing to leave the meeting if they so desired Commissioner Eleanor N Creech asked how this would work with special use cases Commissioner Mims noted the Board might wish to consider turning over the approval of special use permits to the Planning Board PagePage pageNumber9270 The board agreed to discuss this at their upcoming retreat Commissioner Creech voiced concern that most people do not understand the two different hearings , rezoning and special use , and especially don't understand what can and can not be discussed at each She suggested a leaflet could be made available that explained the different types of hearings and the legal requirements that must be followed Mr Genereux suggested a notice or pamphlet could be sent to the applicants in their packet of information He agreed to work on this and bring something back to the Board In discussion it was agreed this would be helpful , and additional pamphlets could be available at the meetings for those in attendance 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