June 5, 1995 - 10:00 AM- County Board of Commissioners Meeting Minutes

June 5, 1995The Johnston County Board of Commissioners met in regular session Monday,June 5, 1995, at 10 oclock am in the Commissioners Room, Johnston County CourthouseAnnex, Smithfield, North Carolina, 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 NCreech and Cookie PopeAbsent NoneAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business wastransactedMinutesThe Chairman asked if there were any corrections to the minutes of the May 1, 5,29, 1995 board meetings There being no corrections, the Chairman declared the minutesapproved as presented2 Public Hearing 1000 AM - Secondary Road Construction ProgramAdvertised by NCDOT All Area NewspapersThe Chairman opened the public hearingSteven Sanderson, Department of Transportation District Engineer, presented the1995-96 Secondary Road Construction Program Also present were Don Dupree, DivisionEngineer, and George Eason, Assistant Division EngineerMr Sanderson reviewed the program with the Board pointing out that 1796 milesof road is to be paved in the upcoming fiscal year He noted two additional roads, prioritynumbers 50 and 51, are listed and will be brought into the program if DOT has difficultyin obtaining right-of-way from property owners on any of the proposed roads Two roadson the program, SR 1347 and SR 1507 will only be partially paved as DOT was unable toget right-of-way for the entire distance, but was able to determine a logical stopping pointfor pavingThere being no further comments, the Chairman closed the public hearing3 Resolution 1995-96 Secondary Road Construction ProgramUpon a motion by Commissioner James W Cash, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board adopted the following resolutionRESOLUTIONWHEREAS, the Johnston County Board of Commissioners has received from theDepartment of Transportation the 1995-96 Secondary Road Construction Program aspresented by North Carolina Department of Transportation officials, said roads being apart of the system maintained by the Department of Transportation, Division ofHighways; andWHEREAS, after careful consideration of the services rendered by said roads andthe traffic demands of said County, it is deemed necessary that said roads be improved,in order to better serve the interest of the people of Johnston CountyNOW THEREFORE BE IT RESOLVED that the Johnston County Board ofCommissioners hereby approves and requests that the North Carolina Department ofTransportation make the following improvements in said roads listed on the attachedSecondary Road Construction Program for 1995-96Adopted this 5th day of June, 1995240iz CY?IfIssIIIIIIJIIIII7I q}p0 tq dt pLL a- ILL CL-4ruva CCul D o Cuj, 0 0 oc c cC01 as e3 sI? 41 UJ puj uj LLJ 2-u uj ff,LA 0 W 2 2-13 -D 9 L? w 0 Ru ujv fa u -v u 0ci cQ as ro-Mu rlo FD N 0Z it3 0 0 ko 0 0 0 010lit tlIII0ly, III u ZlilMRU1 0 wN CC Ln 71cr tr W-to, L6 z 0_7CILL Z 0 W DV fr-z o0, 0 WLU LIJ cc CE z 7- CcI w zT- w u tL Lui IllLLJit Ljz mlU,tr o 10w 0m tu k2 a cc erX tr cc rr oz Ir Ir trLol 0 V W 0 CFA ediIII CrBel 0 crCIL ff Cc fmcc it CL cc ccRIItr Ik ]A- Cm kr qn 0A 0Ifco250 0 Sf R 0 In? 0 T n-0 Q 0 to- M, j U0di4 EID kn0 V N Ch CAM C3 FzD 0C LL Z 0U- CC0 n- 0Z Z U-D DLL Ll-- DLL LL W LUE L ZD t1l 5Z 1, 0, 7,LU Lyj z LUo r e t-- P— 016 i z z 0Q at zCC V? 0Ww 0 z0 0 C W 0 CLui wF- t- p- r-, 4L z us W - DI- IL 1L a- LLfr ? rUJ lJJ J? 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M JIDLU LLif LE264 Department of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Department ofTransportation requesting the following roads be added to the State Secondary System formaintenanceHillcrest Drive, Baysprings Court, Bayridge Drive, and Chase Circle in BayridgeSubdivision, Pleasant Grove TownshipFollowing review, Commissioner Eleanor N Creech moved the Board concur withthe NC Department of Transportations request to add Hillcrest Drive, Baysprings Court,Bayridge Drive, and Chase Circle in Bayridge Subdivision in Pleasant Grove Township tothe State Maintained SystemCommissioner Cecil M Massengill seconded the motion, which carried byunanimous vote5 Department of Transportation Entrance to Pine Level Fire DepartmentCommissioner John M Booker moved the Board request that the NC Departmentof Transportation resurface the front apron of the Pine Level Volunteer Fire Station andcheck the storm drain which is located on DOT right of wayCommissioner Jerry F Wood seconded the motion, which carried by unanimousvote6 Department of Transportation I-4042 Intersection and Cleveland SchoolCommissioner Cookie Pope asked DOT representatives to give an update on plansfor the I-4042 intersection, the SR 1010 Hwy42 intersection and the entrances at the newCleveland SchoolSteven Sanderson and Don Dupree explained that funding for these projects hasnow been set aside, and as soon as plans are completed and additional needed right of wayis obtained, the work will be done Plans include turn lanes into the bus driveway atCleveland School, widening of Hwy 42 between SR 1010 and I-40, and otherimprovements, including signal lights at the I-4042 intersection7 Public Hearing Rezoning CasesAdvertised May 25, June 1, 1995 in the Johnstonian SunCertified letters were mailed to adjoining property owners on May 19, 1995,and notices were posted at the locations on May 25, 1995The Chairman opened the public hearing and invited anyone who wished toaddress the Board on the following rezoning requestsA CASE #124 Petition to rezone approximately 395 acres at the end of OldRiver Road SR 2340 in Beulah Township form AR R-40 and InterstateHighway Overlay District to Heavy Industrial Special Use DistrictApplicants Ricky Toler, Sharon Toler; Roger Toler; and Kay TolerThose wishing to be heard on this case were sworn in by the ClerkJeff Coutu, Planning Director, pointed out the parcel on a map and explained theproperty fronts the service road to I-95, within the Countys interchange overlay area Henoted the Tolers were notified in March of this year by Planning Attorney, W A Holland,that they were in violation of the zoning ordinance, both because the ordinance does notallow junk yards in Interstate interchange overlay areas, and because some of their carswere parked in the floodplain floodway He pointed out that the cars have since beenmoved out of the floodway, and the Tolers have requested this rezoning27Sharon Toler stated her family wants to operate a shop to work on cars forthemselves, not the public The Planning Board denied their request and informed themthat operation of a repair shop with junked cars on the property, would constitute asalvage operation She questioned why their situation would be different from aneighboring property owner, who operates a junk yardAttorney Holland, stated the Tolers business is not only in violation of the CountysZoning Ordinance, but also State law, which requires screening of this type of operationfrom the Interstate Highway He pointed out the County is in the process of investigatingall such operations, including the neighboring business referred to by Mrs Toler; however,this case was a top priority because of the multiple problems involved Mr Holland stated,in his opinion, rezoning of this property is not allowed by County OrdinanceJames Edwards spoke in favor of the rezoningB CASE #125 Petition to rezone approximately 82 acres on SR 1901Powhatan Road in Clayton Township from Mobile Home Park District toLight Industrial Applicant Novo Nordisk Pharmaceuticals, IncC CASE #126 Petition to rezone approximately 208 acres in four separateparcels on SR 1901 Powhatan Road in Clayton Township from AR R-40 toLight Industrial Parcels are 50 acres; 376 acres; 153 acres and 2 acresApplicant Novo Nordisk Pharmaceuticals, IncD CASE #127 Petition to rezone approximately 58 acres located on SR 1901Powhatan Road in Clayton Township from AR-R-40 to Light IndustrialApplicant Novo Nordisk Pharmaceuticals, IncJeff Coutu directed the Boards attention to a map showing the properties involvedin Cases 125, 126 and 127 Applicant, Novo Nordisk Pharmaceuticals, Inc, has requestedthese properties be rezoned Light IndustrialAllen Peterson, speaking on behalf of Novo Nordisk, stated the 82 acres in CASE125 would be used to expand Novos existing facility The other two parcels would be forfuture expansionThere being no further comments, the Chairman closed the public hearing8 Decisions on Rezoning CasesA CASE #124 Petition to rezone approximately 395 acres at the end of OldRiver Road SR 2340 in Beulah Township from AR R-40 and InterstateHighway Overlay District to Heavy Industrial Special Use DistrictApplicants Ricky Toler, Sharon Toler; Roger Toler; and Kay TolerBased on NC General Statutes and the County Zoning Ordinance, CommissionerCecil M Massengill moved the Board deny rezoning case #124 - 395 acres at the end ofSR 2340 in Beulah Township from AR R-40 to Heavy Industrial, applicants Toler FamilyCommissioner Jerry F Wood seconded the motion, which carried by unanimous voteB CASE #125 Petition to rezone approximately 82 acres on SR 1901Powhatan Road in Clayton Township from Mobile Home Park District toLight Industrial Applicant Novo Nordisk Pharmaceuticals, IncUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board approved rezoning case #125- 82acres on SR 1901 in Clayton Township from Mobile Home Park District to Light Industrialapplicant Novo Nordisk Pharmaceuticals, IncC CASE #126 Petition to rezone approximately 208 acres in four separateej•parcels on SR 1901 Powhatan Road in Clayton Township from AR R-40 to LightIndustrial Parcels are 50 acres; 376 acres; 153 acres; and 2 acres Applicant NovoNordisk Pharmaceuticals, IncUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerJames W Cash and carried by unanimous vote, the Board approved rezoning case #126-208 acres four separate parcels on SR 1901 in Clayton Township from AR R-40 to LightIndustrial - applicant Novo Nordisk Pharmaceuticals, IncD CASE #127 Petition to rezone approximately 58 acres located on SR 1901Powhatan Road in Clayton Township from AR-R-40 to Light IndustrialApplicant Novo Nordisk Pharmaceuticals, IncUpon a motion by Commissioner Cecil M Massengill, seconded by CommissionerEleanor N Creech and carriedby unanimous vote, the Board approved rezoning case #127 -58 acres on SR 1901 in Clayton Township from AR R-40 to Light Industrial - applicantNovo Nordisk Pharmaceuticals, IncE Carry over from previous month CASE #121 - Petition to rezone 391+acres on SR 1701, SR 1716, SR 1742, SR 1718, and SR 2104 to AR R-40Special Use DistrictIt was announced that CASE #121 WAS WITHDRAWN by the Applicant prior tothe meetingNOTE The scheduled Special Use Permit Application Public Hearing was notheld as neither CASE #121 or CASE #124 were approved for rezoning9 Request for Study on Bio-SolidsChairman Norman C Denning asked Cooperative Extension Director, KenBateman, to conduct a study on land application use of bio-solids sludge ChairmanDenning stated the Board needs to have a better understanding and also needs to helpeducate the public on this matter10 Alert Cable TV of NC Cablevision Industries, Inc Merge with Time Warner,Inc Resolution of ApprovalCounty Manager, Richard B Self, explained that Cablevision Industries, Incproposes to merge with Time Warner, Inc, and, in accordance with the Countys CableFranchise Ordinance, County approval is required There will be no change in thefranchise with the County as it will remain in the name of Alert Cable TV of NorthCarolina; however the majority ownership of the primary company, CVI, will change andTime Warner will assume the controlling interestCommissioner Jerry F Wood moved the Board adopt a resolution approving themerge and change in majority ownership of Alert Cable TV of NC and its Cable TelevisionSystems from Cablevision Industries, Inc, to Time Warner IncCommissioner Eleanor N Creech seconded the motionDISCUSSIONCommissioner John M Booker voiced concern about the material being presentedto the public, especially children He stated that he would not vote approval of the mergerbased on the fact that Time Warner is connected with Interscope Corporation, producer ofmusic with unsuitable lyrics for young peopleUpon hearing Commissioner Bookers comments, other Board members asked forfurther information on this29Pam Edmondson with CVI stated that Time Warner is a large corporation withdiversified interest She stated that CVI has always been concerned about the type ofprogramming offered and, in her opinion, will continue to have a positive influence on thecompanys programming, even though they will no longer have controlling interest Shefurther noted that as a parent, she shares Commissioner Bookers concerns and will passthis along to the people at Time WarnerFollowing further discussion the motion to adopt the following resolution passed bythe following voteAye Norman C Denning, James W Cash, Jerry F Wood, Cecil M Massengill, andEleanor N CreechNay John M Booker, Cookie PopeA RESOLUTION GRANTING THE CONSENT OF THE BOARDOF COMMISSIONERS OF JOHNSTON COUNTY TO THETRANSFER OF CONTROL OF ALERT CABLE TV OF NORTHCAROLINA, INC AND ITS CABLE TELEVISION SYSTEMSFROM CABLEVISION INDUSTRIES CORPORATION TO TIMEWARNER, INCWHEREAS, Alert Cable TV of North Carolina, Inc Alert has the right to install,construct, own, operate and maintain cable television systems the Systems in certainunincorporated areas of Johnston County pursuant to a cable television franchise grantedby the Board of Commissioners the Franchise andWHEREAS, Alert is currently controlled by Cablevision Industries Corporation CIC and CICs principal shareholder, Mr Alan Gerry, an individual residing in Liberty, NewYork Principal Shareholder ; andWHEREAS, Time Warner Inc TWI and CIC and the Principal Shareholder haveentered into an Agreement and Plan of Merger in which a wholly owned subsidiary of TWIwill merge with and into CIC and, upon completion of the transaction, CIC will become asubsidiary of TWI, and TWI will then control Alert and the Systems the Transfer ; allas set forth in the Agreement and the Supplemental Agreement, each dated February 6,1995; andWHEREAS, TWI, CIC and Alert have jointly submitted to Johnston County the County an application on Federal Communications Commission Form 394 for consent to theTransfer and have submitted such other information concerning the Transfer as requiredby the Franchise and applicable law and as reasonably requested by the Countycollectively the Transfer Application ; andWHEREAS, the County has reviewed the Transfer Application, examined the legal,financial and technical qualifications of TWI and has determined that it is in the bestinterest of its residents to approve the Transfer Application and the TransferNOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners that JohnstonCounty hereby approves the Transfer Application and consents to the Transfer to TWI, asdescribed in the Transfer ApplicationBE IT FURTHER RESOLVED that this Resolution shall become effective and continueand remain in effect immediately upon its passage, approval and adoptionBE IT FURTHER RESOLVED that this action be entered into the minutes of the Boardof Commissioners and that the County Manager is hereby authorized to notify TWI, CICand Alert of this action in writing by furnishing these companies with an executed copy ofthis ResolutionAdopted this 5th day of June, 19953011 Renewal of Cable Franchise Tele-Media CMA - First VoteTele-Media Company, on behalf of CMA, has made a formal request for renewal oftheir franchise, which is held in the name CMA of North Carolina Cablevision AssociatesThe required public hearing was held on March 7, 1994 They are now asking that theBoard approve a fifteen year renewal of the franchise, with no change in franchise areas,to become effective when their current franchise expires October, 1996Upon a motion by Commissioner James W Cash, seconded by Commissioner CecilM Massengill and carried by unanimous vote, the Board approved a 15 year renewal ofcable TV franchise for CMA of North Carolina Cablevision Associates, for the identicalfranchised areas under the current franchise agreement, to become effective when thecurrent franchise expires in October, 1996A second vote will be taken at the July 3, 1995 meeting of the Board12 Community Based Alternative Proposals for FY 1995-96William Mann, Chairman of the Youth Task Force, presented the Task Forcesrecommended proposals for CBA funding for the FY 1995-96 He explained each programhas to provide a 20 match, either in cash or in-kind services The programs are the sameas the last two years with the only difference being that Youth Services will alsoadminister the Hillcrest Home allocationA Co-Ed Youth Services, sponsoring agency - Family Life Center - non-residential guided growth program for youth involved in the court system with chronicbehavioral problems or at high risk of becoming involved in the judicial system ProposedFunding 10,000B Partners of Johnston County - sponsoring agency Partners of Wake andJohnston Counties - program that matches delinquent and at-risk children with adultmentors in one-on-one relationships Proposed funding 14,500C Johnston County Youth Services and Hillcrest Group Home, sponsoringagency - Johnston County Drug Action Coalition, Inc - Works with youth 10 to 17 yearsof age, provides a guided growth program and a prevention program Hillcrest Group Homeis designed to provide temporary emergency shelter care and counseling for juveniles thatneed out of home placement Proposed funding for Youth Services 64,843; Proposedfunding for Hillcrest Youth Home 37,000D Johnston County Juvenile Restitution Program, sponsoring agency - SheriffsDepartment - Program serves approximately 50 juveniles yearly between ages of 10 and15 who have been court ordered to perform community services or pay restitution to avictim Proposed funding 40,000E Sexual Offenders Mentor Program, sponsoring agency - Johnston CountyMental Health Center - mentor program matches sexual offenders with mentors in a one -on-one relationship Proposed funding 11,800Mr Mann explained an additional 250 of CBA money would be used for mailingsand general office use Total CBA Funds 178,393Commissioner Eleanor N Creech, who serves on the Youth Task Force, stated shefelt very good about these programs Commissioner Creech moved the Board approve theCBA funding proposals as presented Commissioner Cecil M Massengill seconded themotion, which carried by unanimous vote13 EMS Advisory Board - Request Changes in Level of Services for Rescue Squads- First VoteThe Emergency Management Services Advisory Board has recommended changesin the level of service for the following two rescue squadsA Kenly Rescue Squad - Currently operating at EMT-A1 level Unable toprovide 24 hour coverage because of a shortage of volunteers Recommended Change Re-franchise at EMT-1 level until they can provide 24 hour coverage31Upon a motionby Commissioner Jerry F Wood, secondedby Commissioner EleanorN Creech and carried by unanimous vote, the Board approved the change of service toEMT-1 for Kenly Rescue Squad until the squad is able to provide 24 hour coverageB Mid-South Ambulance Service - Request to be refranchised at EMT-P levelThey have met all requirements of the franchise ordinance Recommended Changeapproval to EMT-P level of serviceUpon a motion by Commissioner Cookie Pope, seconded by Commissioner EleanorN Creech and carried by unanimous vote, the Board approved the change of service toEMT-P level for the Mid-South Ambulance ServiceA second vote on these request for refranchise will be taken at the July 3, 1995meeting14 Ordinance to Regulate Adult and Sexually Oriented BusinessesDistrict Attorney, Tom Lock, informed the Board he has been contacted by a groupin Charlotte interested in opening an adult video business in Johnston County Herequestedthe Boardconsider adopting an ordinance to regulate this type ofbusiness beforean operation of this kind moves into the County He referenced the legal problems the Cityof Sanford is experiencing because they did not have an ordinance in place before this samegroup opened a business thereMr Lock stated he has contacted the Town of Smithfield and they have adopted anordinance He plans to notify the other towns in the County alsoCounty Manager, Richard B Self, informed the Board he has looked at severalordinances from other cities and counties He presented, for the Boards consideration, astand-alone ordinance that, in his opinion and the opinion of Attorney WA Holland, willbe the most effective one for Johnston County He explained that often these types ofbusinesses are regulated through zoning ordinances, however, both he and Mr Hollandfeel the stand-alone ordinance presented would provide the best protection for the CountyFollowing discussion, Commissioner Jerry F Wood moved the Board adopt thefollowing ordinance Commissioner Cookie Pope seconded the motion, which carried byunanimous voteORDINANCE TO REGULATEADULT BUSINESSES ANDSEXUALLY ORIENTED BUSINESSESIN JOHNSTON COUNTYArticle I Authority and JurisdictionThe provisions of this Ordinance are adopted by the Johnston County Boardof Commissioners under authority granted by the General Assembly of theState of North Carolina, in Chapter 153A, 45-50 and further Article VI ofChapter 153A, Section 135 of the General Statutes From and after theeffective date hereof, this Ordinance shall apply to every building, lot, tract,or parcel of land within Johnston County exclusive of the jurisdiction of anyincorporated municipality as herein statedArticle II PurposeFor the purpose of promoting the health, safety, morals and general welfareof the citizenry of Johnston County, this Ordinance is adopted by the Boardof Commissioners to regulate adult and sexually oriented businesses, ashereby defined, located in Johnston County Further the regulations of thisOrdinance, have been made with reasonable consideration among otherthings, as to the character of the County and its areas and their peculiarsuitability for these businesses32Article III AbrogationThese regulations shall not repeal, impair, abrogate, or interfere with anyexisting easements, covenants, deed restrictions, setback requirements,rules, definitions, regulations previously adopted pursuant to law in anyestablished zoning district in Johnston County However, where theseregulations impose greater restrictions, the provisions of these regulationsshall governArticle IV DefinitionsFor the purpose of this Ordinance, the following definitions applya Adult Arcade - An establishment where, for any form of consideration, oneor more motion picture projectors, slide projectors, or similar machines forviewing by five or fewer persons each are used to show films, motionpictures, video cassettes, slides, or other photographic reproductions that arecharacterized by an emphasis upon the depiction or description of specifiedsexual activities or specified anatomical areas as defined hereinafterb Adult Bookstore - An establishment that has as a substantial portion over25 of total retail space of its stock-in-trade and offers for rent or sale, forany consideration, any one or more of the following 1 books, magazines,periodicals, or other printed matter, or photographs, films, motion picturesvideo cassettes, slides, or other visual representations that are characterizedby an emphasis upon the depiction or description of specified sexualactivities or specified anatomical areas; or 2 instruments, devices, orparaphernalia that are designed for use in connection with specified sexualactivitiesc Adult Business - An adultbusiness shallbe defined as any business activity,club or other establishment which permits is employees, members, patronsor quest on its premises to exhibit any specified anatomical areas before anyother person or personsd Adult Motion Picture Theater - An establishment where, for any form ofconsideration, films, motion pictures, video cassettes, slides, or similarphotographic reproductions are shown, and in which a substantial portion25 of the total presentation time is devoted to the showing of materialcharacterized by an emphasis on the depiction or description of specifiedsexual activities or specified anatomical arease Adult Theater - Atheater, concert hall, auditorium or similar establishmentcharacterized by activities featuring the exposure of specified anatomicalareas or by specified sexual activitiesf Massage - Any manipulation of body muscle or tissue by rubbing, stroking,kneading, or tapping, by hand or mechanical deviceg Massage Business - Any establishment or business wherein massage ispracticed, including establishments commonly known as health clubs,physical culture studios, massage studios, or massage parlorsh Sexually Oriented Business - A Sexually Oriented Business shall be definedas any business activity, club or other establishment, within which theexhibition, showing, rental, or sale of materials distinguished orcharacterized by an emphasis on material depicting, describing, orexhibiting specified anatomical areas or relating to specified sexualactivities is permitted Sexually oriented businesses shall include, but arenot limited to; adult arcades, adult bookstores, adult motion picturetheaters, adult theaters, massage parlors, as defined by this ordinancei Specified Anatomical Areas - Specified anatomical areas shall be defined asless than completely and opaquely covered human genitals, pubic regions,buttocks and female breasts below a point immediately above the top of theareolaj Specified Sexual Activities - Specified sexual activities shall be defined as;a Human genitals in a state of sexual stimulation or arousal;b Acts of human masturbation, sexual intercourse, sodomy; orC Fondling or other erotic touching of human genitals, pubic regions,buttocks or female breastk Total Retail Space - Any space within the structure that is used for thedirect sale of merchandise to the public and storage areas for those items33Article V Scope and Provisions of OrdinanceA Adult Businessi An adult business shall be defined as any business activity, club orother establishment which permits any employee, member, patronor guest on its premises to exhibit any specified anatomical areasbefore any other person or personsii No adult business shall be permitted in any buildinga located within 1000 feet in any direction from a building usedas a dwellingb located within 1000 feet in any direction from a building inwhich an adult business or a sexually oriented business islocatedc located within 1000 feet in any direction from a building usedas a church, synagogue, or other house of worshipd located within 1000 feet in any direction from a building usedas a public school or as a state licensed day care centere located within 1000 feet in any direction from any lot orparcel on which a public playground, public swimming pool,or public park is locatedB Sexually Oriented Businessi A Sexually Oriented Business shall be further defined as anybusiness activity, club or other establishment, within which theexhibition, showing, rental, or sale of materials distinguished orcharacterized by an emphasis on material depicting, describing, orexhibiting specified anatomical areas or relating to specified sexualactivities is permitted Regulated businesses shall include, but arenot limited to; adult arcades, adult theaters, massage parlors, asdefined in Article IV Definitions , h ii No Sexually Oriented Business shall be permitted in any buildinga located within 1000 feet in any direction from a building usedas a dwellingb located within 1000 in any direction from a building in whichan adult business or a sexually oriented business is locatedc located within 1000 feet in any direction from a building usedas a church, synagogue, or other house of worshipd located within 1000 feet in any direction from a building usedas a public school or as a state licensed day care centere located within 1000 feet in any direction from any lot orparcel on which a public playground, public swimming pool,or public park is locatedC Nonconforming Adult Business and Sexually Oriented Adult BusinessAny adult business or sexually oriented business lawfully operating on theeffective date of this ordinance, that is in violation of this Ordinance shallbe deemed a nonconforming use Any use which is determined to benonconforming by application of the provisions of this section shall bepermitted to continue for a period not to exceed two 2 years Suchnonconforming uses shall not be increased, enlarged, extended, or alteredexceptWHEREAS, After comprehensive study of potential deleterious secondary effects ofcertain types of sexually oriented adult businesses, the Board ofCommissioners of Johnston County finds that it is appropriate andnecessary to prevent those deleterious secondary effects which canreasonably be expected to result from the inappropriate location orconcentration of such businesses; andWHEREAS, it is not the intent of the Board of Commissioners of Johnston County toregulate or restrict the content of any communicative materials, includingsexually oriented materials, or to restrict or deny access by adults tosexually oriented materials protected by the First Amendment to TheConstitution of the United States, or to deny reasonable access to thedistributors and exhibitors of sexually oriented entertainment to their34intended market; andWHEREAS, the Board of County Commissioners of Johnston County continues to beconcerned that the location of adult businesses and sexually orientedbusinesses within Johnston County without adequate time, place, andmanner regulations could have a deleterious effect on the quality of countyneighborhoodsNOW THEREFORE, the Board of County Commissioners of Johnston County finds thatthe use of property for adult businesses and sexually oriented adult businesses is definedhereinafter is not compatible with existing residential, religious, recreational, andeducational uses of property in Johnston CountyResolution Adopted this the 5th day of June, 1995NOTE Ordinance is recorded in Johnston County Ordinance Book #2, pages120-12215 Adoption of Revised Floodplain Maps - New Base Elevations Holt Lake AreaC P Thompson, Chief Building Inspector, informed the Board the US Corp ofEngineers has established new base flood elevations for the Holt Lake area Black Creektributaries He requested the Board adopt the necessary amendments to the FloodplainOrdinance and the revised FIRM Flood mapsUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner CecilM Massengill and carried by unanimous vote, the Board adopted the amendments andrevised FIRM Flood Maps #370138, Panels 0100, 0105, 0125, and 0130 to the FloodDamage Prevention Ordinance as recommendedNOTE Amendments recorded in Johnston County Ordinance Book #2, pages123-12416 Town of Smithfield - Request for FundsThe County Manager informed the Board that Ron Owens, Manager of the Townof Smithfield, has requested the County participate in the cost to re-landscape and providesmall benches for the Library courtyard The Smithfield Appearance Committee plans toremove the large evergreen tree and install a fountain Cost to the County, which wouldinclude the purchase of two litter containers, one to be placed at the library and one infront of the County offices on Third Street, would be 2,375Faye Robinson explained the Smithfield Appearance Committee is trying to cleanup and discourage vagrants from using the areaFollowing discussion, Commissioner John M Booker moved the Board approveexpenditure of up to 2,375 from unappropriated fund balance for improving the LibraryCourtyard and purchase of litter containers to be placed at the Library and in front of theCounty offices on Third Street Commissioner Commissioner Cookie Pope seconded themotion, which carried by unanimous voteBudget AmendmentExpenditure Increase10 66506202 Smithfield Appearance Comm 2,37500Revenue Increase10 39908100 Fund Balance 2,3750017 Public Hearing Presentation of 1995-96 Proposed BudgetAdvertised Thursday, May 18, 1995 - The Johnstonian SunThe Chairman opened the public hearing and invited anyone who wished to addressthe Board on the 1995-96 Proposed Budget for Johnston CountyDetailsAnnotationsEntry PropertiesModified11192013 20922 PMCreated4152003 90707 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date651995Book20