September 3, 1996 - 10:00 AM - County Board of Commissioners Meeting Minutes

September 3, 1996The Johnston County Board of Commissioners met in regular session Tuesday, September 3, 1996,at 10 oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, NorthCarolina, with the following membersPresent Norman C Denning, Chairman, Dr John M Booker, Vice Chairman, James W Cash,Jerry F Wood, DDS, Cecil M Massengill, Eleanor N Creech and Cookie PopeAbsent NoneAlso Present Richard B Self, County Manager, and Pat Baker, Deputy Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 Board Appoints Deputy ClerkRichard B Self, County Manager, informed the Commissioners that due to the illness of JoyceEnnis, Clerk to the Board, the Commissioners need to appoint a Deputy Clerk to take the minutes of themeetingUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope, andcarried by unanimous vote, Patricia Baker was appointed Deputy Clerk to the Board of Commissioners2 MinutesThe Chairman asked if there were any corrections to the minutes of the August 5, 20, 1996 boardmeetings There being no corrections, the Chairman declared the minutes approved as presented3 Clayton Water District - Uniform Policies Resolution Certification of Referendum ResultsUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech,and carried by unanimous vote, the Board recessed regular session to sit as the Clayton Water DistrictBoard to address the following two issuesA UNIFORM POLICY - RESOLUTIONRichard B Self, County Manager, informed the Board that in order to make the proposed uniformpolicy, which was recommended by the Board at the August 5, 1996 meeting, applicable to the ClaytonWater District, the Commissioners need to adopt the following resolutionRESOLUTION PROVIDING FOR ADOPTION OF UNIFORM FEE POLICYCLAYTON WATER DISTRICTWHEREAS The Board of Commissioners of Johnston County by resolution adopted on August 5,1996, has proposed a uniform fee schedule for customers of all water districts withinJohnston, which is patterned after the fee schedule adopted in the Hopewell Pisgah WaterDistrict, as more particularly set forth in the August 5, 1996 resolution the UniformPolicy; andWHEREAS The Board of Commissioners of Johnston County acting as the governing body the boardofthe Clayton Water District the District has expressed their desire to adopt the UniformPolicy for the District;BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTYACTING AS THE GOVERNING BODY OF THE CLAYTON WATER DISTRICT1 The District hereby adopts the fee structure set forth in the Uniform Policy for the District2 The District hereby approves and adopts any similar policies adopted in the future by theJohnston County Board of Commissioners which are designed to be uniform policies for all waterdistricts within the County3 This resolution shall take effect immediatelyCommissioner John N Booker moved the passage of such resolution and Commissioner Eleanor NCreech seconded the motion, and the resolution was passed by the following voteAyes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor N Creech,Cecil M Massengill, and Cookie PopeNays NoneNot Voting None391B CERTIFICATE OF CANVASS - RESOLUTION - RESULTS OF REFERENDUMThe Johnston County Board of Elections certified to the Board of Commissioners of Johnston Countythe Board, acting as the governing body of the Clayton Water District the District that the result of thebond referendum held in the District on August 27, 1996, with respect to the proposed 4,200,000General Obligation Bonds of the Clayton Water District the District was 81 votes For approval of theBond Order and 9 votes Against approval of the Bond Order, and delivered a copy of the Certificate ofCanvass to the BoardCommissioner James W Cash then introduced the following resolution the title of which was readRESOLUTION CERTIFYING AND DECLARING RESULTS OF 1996 REFERENDUMON CLAYTON WATER DISTRICT GENERAL OBLIGATION BONDS ANDPROVIDING FOR PUBLICATION OF NOTICES THEREOFWHEREAS The Board of Commissioners of Johnston County acting as the governing body of theClayton Water District desires to certify and declare the results of the referendum held August 27, 1996;NOW, THEREFORE, the Board of Commissioners for Johnston County, acting as the governingbody of the Clayton Water District, meeting in regular session at Smithfield, North Carolina, onSeptember 3, 1996, does the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY,ACTING AS THE GOVERNING BODY OF THE CLAYTON WATER DISTRICT1 The Board hereby certifies and declares the result of the referendum held on August 27, 1996,with respect to the proposed 4,200,000 General Obligation Bonds of the District, to be 81 votes Forapproval of the Bond Order and 9 votes Against approval of the Bond Order2 The affirmative votes of a majority of those voting having been received, the Board herebycertifies and declares that the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCEOF GENERAL OBLIGATION BONDS OF THE CLAYTON WATER DISTRICT IN THEMAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,200,000 FOR THE PURPOSE OFFINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A WATERSYSTEM IN THE DISTRICT , is now in effect3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in TheSmithfield Herald and filed in the Clerks Office4 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage of the foregoing resolution, Commissioner JerryF Wood seconded the motion and the resolution was passed by the following voteAyes Norman C Denning, Chairman, Dr John M Booker, Vice - Chairman, James W Cash, JerryF Wood, DDS, Cecil M Massengill, Eleanor N Creech and CookieNays NoneNot Voting None4 Wilsons Mills Water District Board Uniform Policies Resolution CertificationUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adjourned the Clayton Water District Board to sit as the WilsonsMills Water DistrictA UNIFORM POLICY - RESOLUTIONRichard B Self, County Manager, informed the Board that in order to make the proposed uniformpolicy, which was recommended by the Board at the August 5, 1996 meeting, applicable to the WilsonsMills Water District, the Commissioners need to adopt the following resolutionRESOLUTION PROVIDING FOR ADOPTION OF UNIFORM FEE POLICYWILSONS MILLS WATER DISTRICTWHEREAS The Board of Commissioners of Johnston County by resolution adopted on August 5,1996, has proposed a uniform fee schedule for customers of all water districts withinJohnston, which is patterned after the fee schedule adopted in the Hopewell PisgahWater District, as more particularly set forth in the August 5, 1996 resolution theUniform Policy; and392WHEREAS The Board of Commissioners of Johnston County acting as the governing body theboard of the Wilsons Mills Water District the District has expressed their desire toadopt the Uniform Policy for the District;BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTYACTING AS THE GOVERNING BODY OF THE WILSONS MILLS WATER DISTRICT1 The District hereby adopts the fee structure set forth in the Uniform Policy for the District2 The District hereby approves and adopts any similar policies adopted in the future by theJohnston County Board of Commissioners which are designed to be uniform policies for allwater districts within the County3 This resolution shall take effect immediatelyCommissioner John M Booker moved the passage of such resolution and Commissioner Cecil MMassengill seconded the motion, and the resolution was passed by the following voteAyes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor N Creech,Cecil M Massengill and Cookie PopeNays NoneNot Voting NoneB CERTIFICATE OF CANVASS - RESOLUTION - RESULTS OF REFERENDUMThe Johnston County Board of Elections certified to the Board of Commissioners of Johnston Countythe Board, acting as the governing body of the Wilsons Mills Water District the District that the resultof the bond referendum held in the District on August 27, 1996, with respect to the proposed 1,100,000General Obligation Bonds of the Wilsons Mills Water District the District was 68 votes For approvalof the Bond Order and 32 votes Against approval of the Bond Order, and delivered a copy of theCertificate of Canvass to the BoardCommissioner Pope then introduced the following resolution the title of which was readRESOLUTION CERTIFYING AND DECLARING RESULTS OF 1996 REFERENDUM ONWILSONS MILLS WATER DISTRICT GENERAL OBLIGATION BONDS ANDPROVIDING FOR PUBLICATION OF NOTICES THEREOFWHEREAS The Board of Commissioners of Johnston County, acting as the governing body of theWilsons Mills Water District, desires to certify and declare the results of the referendum held August 27,1996;NOW, THEREFORE, the Board of Commissioners for Johnston County, acting as the governingbody of the Wilsons Mills Water District, meeting in regular session at Smithfield, North Carolina, onSeptember 3, 1996, does the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY,ACTING AS THE GOVERNING BODY OF THE WILSONS MILLS WATER DISTRICT1 The Board hereby certifies and declares the result of the referendum held on August 27, 1996,with respect to the proposed 1,100,000 General Obligation Bonds of the District, to be 68 votes Forapproval of the Bond Order and 32 votes Against approval of the Bond Order2 The affirmative votes of a majority of those voting having been received, the Board herebycertifies and declares that the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCEOF GENERAL OBLIGATION BONDS OF THE WILSONS MILLS WATER DISTRICT IN THEMAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 1,100,000 FOR THE PURPOSE OFFINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A WATERSYSTEM IN THE DISTRICT , is now in effect3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in TheSmithfield Herald and filed in the Clerks Office4 This resolution shall take effect immediatelyCommissioner Cookie Pope moved the passage of the foregoing resolution, Commissioner John MBooker seconded the motion and the resolution was passed by the following voteAyes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor N Creech, Cecil M Massengill and Cookie PopeNays NoneNot Voting None3935 Cleveland Water District Board - Uniform Policies ResolutionUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech,and carried by unanimous vote, the Board adjourned the Wilsons Mills Water District Board to sit asthe Cleveland Water District BoardRichard B Self, County Manager, informed the Board that in order to make the proposed uniformpolicy, which was recommended by the Board at the August 5, 1996 meeting, applicable to the ClevelandWater District, the Commissioners need to adopt the following resolutionRESOLUTION PROVIDING FOR ADOPTION OF UNIFORM FEE POLICYCLEVELAND WATER DISTRICTWHEREAS The Board of Commissioners of Johnston County by resolution adopted on August 5,1996, has proposed a uniform fee schedule for customers of all water districts withinJohnston, which is patterned after the fee schedule adopted in the Hopewell PisgahWater District, as more particularly set forth in the August 5, 1996 resolution theUniform Policy; andWHEREAS The Board of Commissioners of Johnston County acting as the governing body theboard of the Cleveland Water District the District has expressed their desire to adoptthe Uniform Policy for the District;BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTYACTING AS THE GOVERNING BODY OF THE CLEVELAND WATER DISTRICT1 The District hereby adopts the fee structure set forth in the Uniform Policy for the District2 The District hereby approves and adopts any similar policies adopted in the future by theJohnston County Board of Commissioners which are designed to be uniform policies for allwater districts within the County3 This resolution shall take effect immediatelyCommissioner Cookie Pope moved the passage of such resolution and Commissioner Cecil MMassengill seconded the motion, and the resolution was passed by the following voteAyes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor N Creech,Cecil M Massengill and Cookie PopeNays NoneNot Voting None6 Hopewell Pisgah Water District Board - Uniform Policies ResolutionUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil MMassengill, and carried by unanimous vote, the Board adjourned as the Cleveland Water District Boardto sit as the Hopewell Pisgah Water District BoardThe County Manager, stated that Water District Boards have individually adopted resolutionsconcerning the uniform fee policy proposed at the August 5, 1996 meeting Included in the resolutionswas a provision for incorporating future uniform policies for Water Districts The Hopewell Pisgah WaterDistrict Board needs to adopt a resolution to include Hopewell Pisgah in future uniform policiesUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech, andcarried by unanimous vote, the Board adopted the following resolutionRESOLUTION PROVIDING FOR ADOPTION OF UNIFORM FEE POLICYHOPEWELL PISGAH WATER DISTRICTWHEREAS The Board of Commissioners of Johnston County, acting as the governing body theBoard ofthe Hopewell Pisgah Water District the District, has adopted a fee schedulefor new customers in the District who sign up for services after the initial sign -upperiod; andWHEREAS The Board of Commissioners of Johnston County by resolution adopted on August 5,1996, proposed a uniform fee schedule for customers of all water districts withinJohnston County, which is patterned after the fee schedule adopted in theHopewell Pisgah Water District, as more particularly set forth in the August 5, 1996resolution, which has subsequently been adopted by all other existing water districtsin Johnston County; and394WHEREAS The District wishes to be included in any future uniform policies adopted by the Countywhich are intended to be effective in all of the Countys water districts;BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY,ACTING AS THE GOVERNING BODY OF THE HOPEWELL PISGAH DISTRICT1 The District hereby approves and adopts any policies adopted in the future by the JohnstonCounty Board of Commissioners, which are designed to be uniform policies for all water districtswithin the County2 This resolution shall take effect immediatelyUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil MMassengill, and carried by unanimous vote, the Board adjourned the Hopewell Pisgah Water DistrictBoard and resumed regular session7 Department of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceRichmond Drive, Chatham Court, Roanoke Way, and Abbington Court, Virginia DownsSubdivision, Phases III -V, Wilders TownshipFollowing review, Commissioner Jerry F Wood moved the Board concur with the NCDepartment of Transportations request to add the roads listed above to the State Maintained SystemCommissioner Cookie Pope seconded the motion, which carried by unanimous vote8 Public Hearing 1015 am - Rezoning CasesAdvertised August 20, 27, 1996 - The Smithfield HeraldCertified letters were mailed to adjoining property on August 22, 1996 and noticeswere posted at the locations on August 22, 1996The Chairman opened the public hearing and invited anyone who wished to speak on the followingrezoning casesCASE #175 Petition to rezone approximately 2 acres on NC 50 in Meadow Township fromARR -40 to General Business Owners Carlton Barefoot and Edith BarefootCal Genereux, Planning Director, pointed out the property on the map and indicated thesurrounding zoning He explained the existing building on Mr Barefoots property would be used byCardinal Chemical Company The Planning Board recommended approval since this is an agriculturalarea and the facility is neededCASE #176 Petition to rezone approximately 33735 acres on US 70 in Clayton Township fromARR -40 to Heavy Industrial Owner Southern Region Industrial Realty, IncQG FredericksonCal Genereux pointed out the property on the map and indicated the surrounding zoning ThePlanning Board recommended approval due to available utilities and location of railroad Surroundingproperty is zoned industrialMike de Sherbinin, Economic Development Director, spoke in support ofthe rezoning stating thatboth sides of the property are already zoned for heavy industry Mr de Sherbinin also stated that thereis a need for more industrial property in the CountyCASE #177 was withdrawn prior to Planning Board Meeting, and CASE #178 was tabled byPlanning Board - Will be sent to Commissioners at a later dateCASE #179 Petition to rezone Lot 2, Lot 50, and Lot 51 of Berry Downs Subdivision on SR1183 Thunder Road in Ingrams Township from ARR -40 to R -10 Special UseDistrict Owner Berry Downs, Inc Frank Berry SkinnerThose wishing to speak on Case 4 179 were sworn in395Cal Genereux pointed out the property on the map and indicated the surrounding zoning He notedthat at the Planning Board meeting, there were some concerns expressed by citizens on the use of propertyThe Planning Board recommended approvalDennis Blackmon, speaking on behalf of Frank Berry Skinner, originally surveyed these lots andstated that Mr Skinner has no intention on changing the dimensions of the lots Houses will be singlefamily dwellings with lots no smaller than 20,000 square feetCASE #180 Petition to rezone Lot 31 of Berry Downs Subdivision on SR 1183 Thunder Roadin Ingrams Township from ARR -40 to R -30 Owner Berry Downs, Inc FrankBerry SkinnerCal Genereux pointed out the property on the map and indicated the surrounding zoning MrGenereux stated Mr Skinner wishes to rezone Lot 31 to residential 30 due to the availability of waterThere being no opposition at the Planning Board meeting, it was recommended for approvalThere being no further comments, the Chairman closed the public hearing9 Decisions on Rezoning CasesCASE #175Petition to rezone approximately 2 acres onNC 50 in Meadow Township from ARR -40to General Business Owners CarltonBarefoot and Edith BarefootUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved rezoning Case # 175 of approximately 2 acres on NC50 Highway in Meadow Township from ARR -40 to General Business for Carlton Edith BarefootCASE #176 Petition to rezone approximately 33735 acres on US 70 in Clayton Township fromARR -40 to Heavy Industrial Owner Southern Region Industrial Realty, IncQG FredericksonUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner James WCash and carried by unanimous vote, the Board approved rezoning Case 4176 of approximately 33735acres on US 70 in Clayton from ARR -40 to Heavy Industrial for Southern Regional Industrial Realty,IncCASE #179 Petition to rezone Lot 2, Lot 50, and Lot 51 of Berry Downs Subdivision on SR1183 Thunder Road in Ingrams Township from ARR -40 to R -10 Special UseDistrict Owner Berry Downs, Inc Frank Berry SkinnerUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning Case # 179 for Lots 2, 50, and 51, in BerryDowns Subdivision on SR 1183 in Ingrams Township, from ARR -40 to R -10 Special Use District forBerry Downs, IncCASE #180 Petition to rezone Lot 31 of Berry Downs Subdivision on SRI 183 Thunder Roadin Ingrams Township from ARR -40 to R -30 Owner Berry Downs, Inc FrankBerry SkinnerUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor NCreech, and carried by unanimous vote, the Board approved rezoning Case #180 for Lot 31, in BerryDowns Subdivision on SR 1183 in Ingrams Township, from ARR -40 to R -30 for Berry Downs, Inc10 Public Hearing - Special Use Permit ApplicationAdvertised August 20, 27, 1996 - The Smithfield HeraldCertified letters were mailed to adjoining property on August 22, 1996 and notices wereposted at the locations on August 22, 1996The Chairman opened the public hearing and invited anyone who wished to address the Board onthe following special use permit request396CASE #179 Petition for a Special use permit application for single - family dwellings, stick builtwith lots no smaller than 20,000 square feet on SR 1183 Thunder Road inIngrams Township Owner Berry Downs, Inc Frank Berry SkinnerChairman Denning addressed the following questions to Cal Genereux, County Planner1 Mr Genereux, was a pre - application conference held by the Planning Department with theapplicant Response Yes, Sir2 Did the applicant meet the requirements at that time by providing a sketch plan illustrating thelocation, size and major design elements of the development of the sites Response Yes, Sir3 Did your department prepare an analysis of the application including conformity with zoning,subdivision, soil erosion and sedimentation, and health regulations Response Yes we did4 Did the Planning Board advertise and hold a hearing open to the public Response Yes, Sir5 Was written certification sent to the adjacent property owners in a timely fashion Response Yesit was6 What is the recommendation of the Planning Board Response The Planning Board recommendsapproval of application for special use permits for case # 179Chairman Are there any conditions attached Response Yes sir - Case # 179 was approved withthe following conditions• Stick Built - Single Family Dwellings• Lots no smaller than 20,000 square feetChairman Mr Genereux, please read to this Board the summary of the evidence supporting thePlanning Boards recommendation Response Mr Genereux read the following evidence ofsupport found by the Planning Board1 This use if operated as proposed will promote the general welfare by providing a neededcommodity to the local community2 This use will maintain the value of contiguous property if developed and maintained asproposed and approved3 The Planning Staff presented evidence to support the fact that the intended use is incompliance with the general plan for physical development of the County7 Did you notify the applicants in writing of the Planning Boards recommendation Response Yes,Sir8 Is the applicant aware that if the Commissioners deny the request that no application can beaccepted for the same or a similar use affecting the same property for a period of twelve 12months Response Yes, Sir9 Is the applicant aware that the right of appeal to the Board of Adjustment must be exercised withinthirty 30 days of this date Response Yes, Sir10 Is the applicant aware that the permits will expire at the end of twelve 12 months if it is not usedas permitted within that time period Response Yes, SirThere being no further comments, the Chairman closed the public hearing11 Decisions on Special Use Permit ApplicationsCase #179 Petition for a Special use permit application for single - family dwellings, stick -builtwith lots no smaller than 20,000 square feet on SR 1183 Thunder Road in IngramsTownship Owner Berry Downs, Inc Frank Berry SkinnerUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Cookie Pope,and carried by unanimous vote, the Board authorized the County Planning Department to issue a specialuse permit to Frank Berry Skinner for single family, stick -built dwellings on Lots 2, 50, 51 in BerryDowns Subdivision on SR 1183 in Ingrams Township with the stipulation that these lots be no smallerthan 20,000 square feet12 Tax Exempt Loan - Thanksgiving Fire DepartmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech,and carried by unanimous vote, the Board adopted the following resolution approving a tax exempt loanfor theThanksgiving Fire DepartmentDetailsAnnotationsEntry PropertiesModified11192013 33949 PMCreated442003 85718 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date931996Book20