January 3, 1994 - 10:00 AM - County Board of Commissioners Meeting Minutes

January 3, 1994The Johnston County Board of Commissioners met in regular session Monday, January 3,1994, at 10oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James W Cash, John M Booker,DVM, Jerry F Wood, DDS, Eleanor N Creech and Cecil M MassengillAbsent 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 was transacted1 _ MinutesThe Chairman asked if there were any corrections to the minutes of the December 6, 1993 Boardmeeting There being no corrections, the Chairman declared the minutes approved as presented2 Fiscal Year 1992 -93 Audit Presentation - Neighbors AssociatesKen Neighbors of Neighbors Associates reviewed with the Board the County audit report for thefiscal year ending June 30, 1993 He reported the County is in compliance with all laws and in good financialcondition He complimented the Finance Director and staff for their budget management and accounting3 Public Hearing 1015 - Rezoning RequestsAdvertised December 21, 28, 1993 in The Smithfield HeraldCertified letters were mailed to adjoining property owners on December 21, 1993 and noticeswere posted at the locations on December 21, 1993The Chairman opened the public hearing and invited anyone who wished to address the Board on thefollowing rezoning requestsA CASE #79 - Petition to rezone a 1786 acre parcel at the intersection of NC 42 Highway andSR 1549 Austin Pond Road from ARR -40 to R -30 Owner and Applicant Jesse H Austin,JrJeff Coutu, Planning Director, directed the Boards attention to a map of the property and pointed outthe surrounding zoningB Case #80 - Petition to rezone a 39+ acre parcel in Burwell Subdivision - Section 3, 1 mileNorth off SR 1525 Cornwallis Road from Hwy 42 from ARR -40 to R -30 Owners andApplicants Nathaniel and Annette BurwellJeff Coutu pointed out the property on a map He explained the 30,000 sqft lots would have accessto public waterJack LeMo?ne and James Wilson who live in the area stated that much ofthe property is wet lands andhas some historical value They asked the Board to consider leaving the property ARR -40Jeff Coutu responded if the property is rezoned, the owner would be required to submit a preliminaryplat to the Planning Board and the issue of wetlands would be considered before any permits would be issuedThere being no further comments the Chairman closed the public hearing4 Rezoning Cases ApprovedA CASE #79 - Petition to rezone a 1786 acre parcel at the intersection of NC 42 Highway andSR 1549 Austin Pond Road from ARR -40 to R -30 Owner and Applicant Jesse H Austin,JrUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board approved rezoning of CASE 479, a 1786 acre parcel at intersectionof NC 42 and SR 1549 from ARR -40 to R -30 for Jesse H Austin, JrB Case #80 - Petition to rezone a 39+ acre parcel in Burwell Subdivision - Section 3, 1 mileNorth off SR 1525 Cornwallis Road from Hwy 42 from ARR -40 to R -30 Owners and ApplicantsNathaniel and Annette Burwell501Upon a motion by Commissioner Cecil M Massengill, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board approved rezoning of CASE 480, approximately 39 acres in BurwellSubdivision, Section 3, 1 mile north off SR 1525 from Hwy 42 from ARR -40 to R -30 for Nathaniel andAnnette Burwell5 Rezoning Case # 78 - Held Over from Previous MeetingCASE #78 Petition to rezone approximately 093 acres in Pleasant Grove Township at theintersection of SR 1309 and SR 1313 from ARR -40 to Highway Business Petitioner Durwood Sandra YoungIn response to concerns voiced by neighbors at the December Board meeting, Durwood Youngaddressed the Board about his plans to operate a small car lot on the property Concerning traffic problemsthat might occur, Mr Young stated he had never known of a wreck at this intersection He introduced the onlyadjoining neighbor, Mr Currin, who stated he had no problem with Mr Youngs plansFollowing discussion, Commissioner Cecil M Massengill moved the Board approve rezoning of CASE478, 93 acres in Pleasant Grove Township at the intersection of SR 1309 and SR 1313 from ARR -40 toHighway Business Special Use District, and based on the following findings of fact, approve a special usepermit for the operation of a car lot and adjoining garage for Durwood and Sandra YoungFindings of Fact1 The use will promote the public health, safety and general welfare, if located, developed andoperated according to a duly submitted plan2 The use will maintain the value of contiguous property3 The use is in compliance with the general plans for the physical development of JohnstonCountyCommissioner Frank B Holding seconded the motion which carried by unanimous vote6 Memorandum of Understanding - Emergency ManagementUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adopted the following memorandum of understanding between theCounty and the NC Emergency Management Division for disbursing federal FEMA funds for hazardousmaterials training exercisesMEMORANDUM OF UNDERSTANDINGThis Memorandum of Understanding MOU is entered by and between the State of North Carolina,Department of Crime Control and Public Safety, Division of Emergency Management hereinafter Divisionof Emergency Management, and the County of Johnston, State of North Carolina hereinafter JohnstonCountyWHEREAS, the Division of Emergency Management is the designated agency for the disbursementof Federal Emergency Management Agency FEMA funding for hazardous materials exercises, as describedin the Comprehensive Cooperative Agreement CCA, which is hereby incorporated by reference, betweenFEMA and the Division of Emergency Management; andWHEREAS, Johnston County has requested assistance of the Division in accordance with CCAguidelines during the Federal Fiscal Year of 1993 extended through March 31, 1994NOW THEREFORE, in consideration of the following covenants between the parties, the Divisionof Emergency Management shall provide a grant payment of 2,00000 to Johnston CountyFor and in consideration of this grant payment, Johnston County agrees as follows1 To expend funds in accordance with its written request filed with the Division of EmergencyManagement on the 15th day of April, 1993, and in compliance with all applicable rules andregulations;2 To maintain accounting records and receipts for the purpose of an audit to prove expenditureof the funds pursuant to the grant request submitted by Johnston County on the 15th day ofApril, 1993;To maintain these accounting records for a period of three 3 years and to submit to any auditupon request by the Division of Emergency Management; and4 To repay to the Division of Emergency Management any funds not spent as agreed herein502To comply with all applicable provisions of federal, state, and local laws, regulations andFEMA directives The county agrees and understands that federal laws, regulations, policiesand related administrative practices in force and made applicable to this grant on the date ofexecution may be modified from time to time and that the most recent of such provisions willgovern the administration of this grantUpon receipt of an invoice, submitted to the Division of Emergency Management by Johnstonfor the full amount of the reimbursement of costs approved for the support of the full -scaleexercise, the Division of Emergency Management will issue a check, made out to JohnstonCounty, not to exceed the full amount of the grantIt is further understood and agreed that the full -scale exercise will be held before March 30, 1994 andthat any funds not expended by March 30, 1994, shall revert to the Division of Emergency Management uponrequest of the Division of Emergency ManagementThis MOU is entered into this 3rd day of January, 19947 Blackmons Crossroads Fire Department - Tax Exempt LoanUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Frank B Holding andcarried by unanimous vote, the Board adopted the following resolutionAPPROVAL OF TAX - EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENTNOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Commissioners ofJohnston County, North Carolina, does hereby approve a tax - exempt loan to the Volunteer Fire Departmentof Blackmons Crossroads, North Carolina, Inc the VFD , from Four Oaks Bank Trust Company in theprincipal amount of 65,000, which loan is for the following purposeThe purchase by the VFD of a fire truck which fire truck will be owned and operated by the VFD, andwill be maintained at the following addressRoute 2, Hwy 96 -SouthFour Oaks, NC 275248 Encroachment Agreement - DOT, I -4042 Associates, Johnston CountyThe Board deferred action on a request from I -4042 Associates for a three -party encroachmentagreement along Technology Drive to install a sewer line9 Resolution CDBG - Red Hill Project - Anti - displacement Relocation Assistance PlanUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote the Board adopted the following resolutionA RESOLUTION TO ADOPT AN ANTI - DISPLACEMENT RELOCATION ASSISTANCEPLANJohnston County in its efforts to provide improved housing opportunities and to minimize adverseaffects and hardship to the citizens is proposing an Anti- displacement and Relocation Assistance Plan asrequired by the State of North Carolina and the Federal Regulations governing the Small Cities CommunityDevelopment ProgramWHEREAS, the County has amended the Red Hill Community Development project activities toinclude relocation assistance to those displaced by the HUD assisted project and to further certify the Countyis committed to carry out the project as proposed and to provide benefits to all affected by these activitiesNOW, THEREFORE, BE IT RESOLVED that the County of Johnston, in compliance withgoverning regulations do hereby adopt the Anti- displacement and Relocation Assistance Plan as required bythe federal CDBG regulations Section 570104dThis the 3rd day of January, 199410 Budget Amendments ApprovedUpon a motion by Commissioner James W Cash, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following budget amendmentsHealth DepartmentExpenditure Increase - Epidemiology - Reimbursement for Hepatitis Vaccine purchased for schools10 -5915 -4610 Hepatitis 1,66698Revenue Increase - Epidemiology10- 3519 -82 - Johnston County Schools 1,66698503Expenditure Increase - Family Planning - Expansion Title X Funding from State10 -5960 -7400 - Capital Outlay2,3000010 -5960 -4650 - Sterilization and Contra 3,60500Revenue Increase - Family Planning10- 3519 -83 - Womens Health Section DEHNR5,90500Expenditure Increase - Environ Hlth - State Funds for 100 Mandated food Lodging inspections10 -5910 -7400 - Capital Outlay1,43507Revenue Increase10- 3518 -82 - DEH NR1,43507Expenditure Increase - Maternal Health - Rural Obstetrical Care Incentive Funds10 -5925 -0421 - ROCI Funds15,30400Revenue Increase10- 3519 -823 - DEHNR15,03400Elections DepartmentExpenditure Increase - Reimbursement from State10 43000300 - Salaries Elections PT10,6970010 43002100 - Rent6150010 43001200 - Printing2,39396Revenue Increase10 34178200 - Election Fees13,70596Emergency Management DepartmentExpenditure Increase - Hazardous Materials Transportation Uniform Safety Act Planning Grant10 53001411 - Planning Grant HMTUSA 11,86800Revenue Increase10 35838200 - Emergency Management Revenue11,8680011 Appointments ApprovedA Youth Task ForceUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board reappointed Twila H Batten and appointed Addle M Harris Rawlsto the Youth Task Force for two year terms to expire January 31, 1996B Emergency Food and Shelter BoardUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board appointed Lee Colbert to the Emergency Food and Shelter Board for atwo year term to expire December 31, 1995C Nursing Home Domiciliary Home Advisory CommitteeUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board appointed Maxine Snyder to the Johnston County NursingHome Domiciliary Home Advisory Committee for a three year term to expire January 31, 199712 Recreation Grants ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following recreation grantsCooper Elementary, 360; Smithfield Middle School Athletic Booster Club, 2,00013 Community College - Request for Letter of Support for College Transfer CurriculumCommissioner John M Booker moved the Board extend a letter to the North Carolina State Boardof Community Colleges in support of Johnston Community Colleges request to offer a college transferAssociate in Arts Degree programCommissioner Eleanor N Creech seconded the motion which carried by unanimous vote14 Public Hearing 1045 am - Amendments to Cable TV FranchisesAdvertised December 23, 1993 in The Smithfield HeraldThe Chairman opened the public hearing on the following requests for amendments to cable TVfranchises504A Channel Master Cable TV - Request to extend franchise area to include Glad AcresSubdivision located on SR 1010 in Smithfield TownshipTerry Herlihy, Manager of Channel Master Cable TV, requested the Board extend Channel Mastersfranchise to include Glad Acres Subdivision in Smithfield TownshipDanny Frazier, Manager of Cablevision Incorp of Smithfield, which already has franchise for GlenAcres Subdivision, stated CVI plans to build cable in that area in the very near futureB Cablevision Incorporated - Request to extend franchise area to include a portion of PleasantGrove Township adjacent to the Wake County LinePam Edmundson, System Manager with CVI of Clayton and Garner, explained CVI out of WakeCounty recently ran cable to serve the Fuquay area and extended into Johnston County approximately 3000feet on Dupree Road in Pleasant Grove Township She asked the Board to extend CVIs Johnston Countyfranchise to include this area to serve approximately 130 homesThere being no further comments the Chairman closed the Public Hearing15 Amendments to Cable TV Franchises - FIRST VOTESA Channel Master Cable TVUpon a motion by Commission Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the request from Channel Master to extend their cable franchiseto include Glad Acres Subdivision in Smithfield TownshipB Cablevision IncorporatedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board approved the request from Cablevision Incorporated to extend their cablefranchise to include a portion of Pleasant Grove Township along Dupree Road adjacent to the Wake CountylineNOTE A second vote on these requests will be taken at the February 7, 1994 Board meeting asrequired by NC General Statutes16 Public Hearing 1100 am- Amendment to Zoning Ordinance- Water Supply WatershedProtectionAdvertised December 23, 28, 1993 in The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board on aproposed amendment to the Johnston County Zoning Ordinance which would create Article XIII - WaterSupply Watershed Protection as provided by NCGS 143 - 2145, and allow first class instead of certifiedmailings to property ownersJeff Coutu informed the Board the State now requires all counties to adopt a Water Supply, WatershedProtection Ordinance, and notify property owners in the affected area Mr Coutu indicated on a map thegeneral outline of the property under watershed protection in Johnston County and noted an exact boundarydescription has not yet been provided by the State In order to comply with the mandate, he asked the Boardto consider approving the text of the proposed Article XIII of the Johnston County Zoning Ordinance entitledWater Supply Watershed Protection with the understanding the maps will be completed and duly advertisedas soon as sufficient information is received from NC Department of Environment, Health and NaturalResourcesConcerning notification to property owners, Mr Coutu pointed out the area in Johnston County thatwill be affected encompasses more than 125 square miles and to notify each of the property owners by certifiedletter as required by the County Zoning Ordinance would be an undue burden on the taxpayers The State lawonly requires notification by publication of the maps which is less restrictive than the County Ordinance Inorder to comply with the State mandate and also meet the spirit of the more stringent County ordinance, it isrequested that the mailing notification requirement be amended to allow first class instead of certifiedmailings to property owners If the County can determine a method to utilize publication to meet the legalrequirements of the law and ordinance, then that step would be takenThere being no further comments, the Chairman closed the public hearing50517 Amendment to Zoning Ordinance Article XIII - Water Supply Watershed Protection - TextAdoptedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the text of the following amendment to the Johnston CountyZoning Ordinance and approved first class mailings as notification to property ownersAMENDMENT TO THE JOHNSTON COUNTY ZONING ORDINANCEARTICLE XIII WATER SUPPLY WATERSHED PROTECTION AS IMPLEMENTATION OF THESTATUTORY PROVISIONS OF NORTH CAROLINA GENERAL STATUTE 143 -2145ARTICLE XIIIWATER SUPPLY WATERSHED PROTECTIONSection 1 AuthorityThe NC General Assembly has, in 143 - 2145, 160A -371 and 160A -371 and 160A -381 of the North Carolina GeneralStatutes, delegated the responsibility and authority to local governmental units to establish water supply watershedprotection programs, to regulate land use and development within water supply watersheds and to adopt regulationsdesigned to promote the public health, safety and general welfare of its citizenrySection 2 IntentThe intent of this amendment, Water Supply Watershed Protection, is to provide in the designated watershed area ahigher level of control from activities and situations that could degrade the quality of the water entering the NeuseRiver as identified in the Watershed Protection Management PlanSection 3 ApplicabilityThe provisions of this article shall apply within the area designated as a Public Water Supply Watershed by the NCEnvironmental Management Commission and shall be defined and established on the map entitled, WatershedProtection Map of Johnston County, North Carolina, which is adopted at a later date The Watershed Protection Mapand all explanatory matter contained thereon will accompany and will be made a part of this ordinance at a later dateThis Ordinance shall be permanently kept on file in the office of the Johnston County Planning DepartmentSection 4 Exceptions to ApplicabilityThese watershed protection requirements shall not apply to existing development, as defined in this ordinance, exceptas provided in Section 7 of this Article Furthermore, these requirements shall not apply to a single - family detacheddwelling unit or an accessory dwelling unit already developed on a lotSection 5 Definitions See Johnston County Zoning Ordinance Section 22Best Management Practices BMPs A structural or nonstructural management -based practice usedsingularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve waterquality protection goalsBuffer An area of natural or planted vegetation through which stormwater runoff flows in a diffuse mannerso that the runoff does not become channelized and which provides for infiltration of the runoff and filteringof pollutants The buffer is measured landward from the normal pool elevation of impounded structures andfrom the bank of each side of streams or riversBuilt -Upon Area Built -upon area shall include that portion of a development project that is covered byimpervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilitieseg tennis courts, etc Note Wooden slated decks are considered perviousCritical Area Critical area is 12 mile and draining to water supplies as measured from the normal poolelevation of reservoirs, or 12 mile and draining to a river intakeDevelopment Any land disturbing activity which adds to or changes the amount of impervious or partiallyimpervious cover on a land area on which otherwise decreases the infiltration of precipitation into the soilExisting Development Those projects that are built on those projects that at a minimum have establisheda vested rightIndustrial Development Any non - residential development that requires an NPDES permit for an industrialdischarge andor requires the use or storage of any hazardous material for the purpose of manufacturing,assembling, finishing, cleaning or developing a product or commodityNon - Residential Development All development other than residential development, agriculture silvicultureProtected Area The area adjoining and upstream of the critical area in which protection measures arerequired The boundaries of the protected area are defined as extending ten 10 miles upstream and drainingto water supply or to the ridge line of the watershed whichever comes firstSection 6 PermitsSection 6a Watershed Protection PermitSection 6a1 Except where provided for elsewhere in this Article, no building or built -upon area shall beerected, moved, enlarged or structurally altered, nor shall any building permit be issued nor shall any changein the use of any building or land be made until a Watershed Protection Permit has been issued NoWatershed Protection Permit shall be issued except in conformity with the provisions of this Article Thispermit shall be filed with the Johnston County Planning Department and shall expire at the end of 12 monthsif not usedSection 6a2 Watershed Protection Permit applications shall be filed with the Planning department Theapplication shall include a completed application form and supporting documentation deemed necessary bythe department506Section 6b Building Permit RequiredExcept for where provided elsewhere in this Article, no building permit required under the North CarolinaState Building Code shall be issued for any activity for which a Watershed Permit is required until that permit has beenissuedSection 6c Watershed Occupancy PermitSection 6c1 Prior to the occupancy or use of a building hereafter erected, altered or moved andor prior tothe change of use of any building or land, the Building Inspections department shall issue a WatershedProtection Occupancy Permit certifying that all requirements of this ordinance have been metSection 6c2 If the Watershed Protection Occupancy Permit is denied, the Planning department shall notifythe applicant in writing stating the reasons for denialSection 7 Existing Development; Non - ConformitiesAny existing development as defined in this ordinance, may be continued and maintained subject to the provisionsprovided herein Expansions to structures classified as existing development must meet the requirements of thisordinance, however, the built -upon area of the existing development is not required to be included in the densitycalculationsSection 7a Vacant LotsThis category consists of vacant lots for which plats or deeds have been recorded in the office of the Registerof Deeds of Johnston County Lots may be used for any of the uses allowed in the watershed area in which it is located,provided they can meet the minimum lot size requirements of the zoning ordinance or have been approved prior to theadoption of zoningSection 7b Occupied LotsThis category consists of lots, occupied for residential purposes at the time of the adoption of this ordinanceThese lots may continue to be used provided that whenever two or more adjoining lots of record, one of which isoccupied, are in single ownership at any time after the adoption of this ordinance, and such lots individually or togetherhave less area than the minimum requirements for residential purposes specified in this Article, such lots shall becombined to create lots which meet the minimum size requirements or which minimize the degree of non - conformitySection 7c Industrial Uses of LandThis category consists of existing industrial uses andor the storage of hazardous or toxic materials where aspill containment plan is not implemented and where such use of the land is not permitted to be established hereafterin the watershed area Such existing uses may be continued except as provided for in Section 9 of this OrdinanceSection 8 Establishment of Water Supply Watershed Protection Critical Area Overlay District CriticalArea Overlay DistrictThe Water Supply Watershed Protection Overlay District WS is hereby established as a district that overlays thedesignated water supply watershed The designated water supply watershed under this district is defined andestablished by the overlay district WSP Water Supply Watershed Protection District on the Official Zoning Map anddelineated on the map entitled Watershed Protection Area of Johnston County which will be adopted at a later date,and permanently kept on file in the planning office Land use and development within the WS must comply with allthe requirements of both the underlying zoning district and the applicable watershed overlay sub - district A criticalarea overlay district will be established at the countys new water plant locationSection 9 Watershed Protected Area WSPSection 9a IntentIn order to maintain a low to moderate land use intensity pattern, single family detached use shall developat a maximum of two 2 dwelling units per acre in the Residential -10 district and the Planned Unit Developmentdistrict on public water and public sewer Residential land on individual well and individual septic tank shall developat one dwelling unit per acre All other residential and non - residential development shall be allowed a maximum ofthirty six percent built -upon area without a curb and gutter street system or up to 70 in the protected area withstormwater controlsSection 9b Permitted UsesThe following uses and activities are permitted in the WSP provided such uses are also permitted in theunderlying zoning district and providing that the restrictions stated herein are met, and the requirements of ArticleIV of the Johnston County zoning ordinance are met1 Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural,Conservation and Trade Act of 19902 Silviculture, using BMPs required to implement the provisions of the Forest Practices GuidelinesRelated to Water Quali ty 15 NCAC IL610102093 Residential Development4 Nonresidential uses, excluding discharging landfills and, sludge application sites, mining andquarrying activities and the storage of toxic and hazardous materials unless a spill containment planis implementedSection 9c Density and Built -upon AreasSection 9c1 Single Family Residential DevelopmentSingle family residential development shall not exceed two dwelling units per acre on public water and publicsewer, as defined on a project by project basis No residential lot shall be less than 30,000 sq ft except within anapproved PUD or Residential 10 district, meeting the standards established elsewhere in the zoning ordinance507Section 9c2 All other Residential and Nonresidential DevelopmentAll other residential and non - residential development shall not exceed thirty-six percent 36 built -uponarea on a project by project basis For the purpose of calculating built -upon area, total project area shall include totalacreage in the tract on which the project is to be developed, if tract is in same ownershipSection 10 Supplemental Development Requirements - Cluster Development - see Johnston County Zoningordinance Section 416 PUDSection 11 Buffer Areas RequiredSection 1La Vegetative Buffer RequiredA minimum thirty 30 foot vegetative buffer for development activities is required along all perennial watersindicated on the most recent versions of US G S 124, 000 75 minute scale topographic maps or as determined bylocal government studies Desirable artificial stream bank or shoreline stabilization is permittedSection llb No Development in Buffer; ExceptionsNo new development is allowed in the required buffer except for water dependent structures eg, boat docks,piers, ramps, etc and public projects such as road crossings and greenways where no practical alternative existsThese activities should minimize built -upon surface area, direct runoff away from the surface waters and maximizethe utilization of stormwater BMPsSection 12 Public Health RequirementsSection 12a GeneralNo activity, situation, structure or land use shall be allowed within the watershed which poses a threat to waterquality and the public health, safety and welfare Such conditions may arise from inadequate on -site sewage systemswhich utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage ordisposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spillcontainment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any othersituation found to pose a threat to water qualitySection 12b Abatement Where the Planning department finds a threat to water quality and the publichealth, safety and welfare, the Planning department shall institute any appropriate action A fine of 500 per incidentper day Each day that the violation continues to exist shall be considered a separate offenseSection 13 Rules Governing the Interpretation of Watershed Area Boundaries, see Section 43 of JohnstonCounty Zoning OrdinanceSection 14 Administration, Enforcement and AppealsSection 14a Watershed Administrator and Duties thereofFor the purposes of this Article, the Director of Planning and the Planning department staff shall be appointedto serve as the Watershed AdministratorSection 15 Appeal from the Watershed AdministratorAny Order, requirement, decision or determination made by the Planning department staff may be appealed to anddecided by the Board of Adjustment All appeals will follow the procedures outlined in the Zoning OrdinanceSection 16 Changes and Amendments to the Watershed Protection OrdinanceThe County Commissioners of Johnston County may, on their own motion or on petition, after public notice andhearing, amend, supplement, change or modify the watershed regulations and restrictions as described herein Allapplications for changes, supplements, amendments, or modifications of this Article shall follow the proceduresoutlined in Section 17 of this OrdinanceSection 17 Appeals and Variances See Section 103d of the Johnston County Zoning ordinanceAn appeal to reverse or modify the order, decision, determination, or interpretation of the Planningdepartment, shall comply with the procedures and standards of the zoning regulationsA petition for variance to the standards of the Watershed Overlay District shall comply with the proceduresand standards of the zoning regulations, with the following exceptionsSection 17a Major and Minor Variances are differentiated by definition1 Minor variances shall include petitions for the reduction of any standard of the overlay districtby a factor of less than 25 , except residential density or BU 2 Major variances shall includePetitions for the reduction of any standard of the overlay district by a factor of 25 or more; andPetitions to increase residential density or BU Section 17b Major variances shall comply with the procedures and standards of the zoningregulations except that1 A decision by the Board of Adjustment to deny a major variance shall be final Appeal shall beto a court of competent jurisdiction2 A decision by the Board of Adjustment to approve a major variance shall be advisory only TheWatershed Administrator shall within 30 days forward a record of the Board of Adjustmenthearing, findings, and conclusions to the North Carolina Environmental ManagementCommission for final decision3 The Board of Adjustment may advise approval of a major variance petition upon satisfying thefinding that significant community economic or social benefit would be derived from the grantingof the varianceSection 18 SeverabilityShould any section or provision of this Article be declared invalid or unconstitutional by any court of competentjurisdiction, the declaration shall not affect the validity of this Article as a whole or any part thereof that is notspecifically declared to be invalid or unconstitutionalJohnston CountyWater Supply Watershed ProtectionManagement PlanL Goals StatementJohnston County is in the process of building its own water treatment plant It shall be the goal of JohnstonCounty to establish and administer policies which will protect the Neuse River as a safe and reliable water supply nowand in the futureIL ExistingFuture Land Use Within the Water Supply Watershed AreaThe predominant land uses in the water supply watershed protection area are low density residentialdevelopment and agriculturalforestry operations Emphasis will be placed on continuing to maintain residentialdensities at low to moderate levels within the water supply watershed area and to closely monitor the type of non-residential development to ensure that it will not have the potential for having an adverse impact on the Neuse Riverand water supply watershed areaHazardous Materials Inventory and Spill Containment PlanIn accordance with the provisions of the Emergency Planning and Community Right to Know Act of 1986,Johnston County department of emergency services has assumed and shall continue the responsibility of maintainingan inventory of hazardous materials being stored within its response area The department both responds to anddocuments incidences of spills of specific types of hazardous substances, as well as the cleanup measures undertakenIn the future, increased emphasis shall be placed on identifying, documenting, and controlling hazardous materialsstorage and spill occurrences within the water supply watershed Should facilities be considered for siting within thewater supply watershed in the future, which would require the construction of hazardous materials containmentsystems, such systems shall be designed, constructed and maintained in accordance with NFPA standards forcontainment systemsEmergency ResponseThe Johnston County multi- hazard emergency response plan, which has been adopted by Johnston Countyand all municipalities within the county, should be reviewed in order to more specifically address the issues ofhazardous materials inventory control and spill response within the water supply watershed areas The JohnstonCounty department of emergency services would be the initial responder in the event of a hazardous materials spillReview and Update of PlanThe Johnston County water supply watershed protection management plan shall be reviewed periodically andmodified as necessary to address the subsequent inclusion of additional areas of the Neuse River watershed; significantchanges in land use characteristics; changes in federal, state, or local legislation with regard to hazardous materialsstorage or response scenarios; as well as other changes in circumstances and characteristics, which may impact themanagement planThis Amendment shall take effect and be in force upon adoption by the Johnston County Board of CommissionersAdopted 1394 by the Johnston County Board of County Commissioners in regular session18 Hopewell Pisgah Water District - Canvassers RecognizedUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote the Board recognized the following canvassers for the Hopewell Pisgah WaterDistrict and presented each volunteer a Certificate of Appreciation for their hard work and dedicationErnest Whitley - Committee LeaderJimmy EdwardsEdna Johnson Kathleen LassiterBetty Woodall John FloydJoyce Barbour JoAnn BarbourHazel Sanders John AustinHobart Reeder C P Johnson, JrDanny LangstonHugh C Talton George IaugdotlLeo FetzerLeon JohnsonS D AllenLeon Powell, SrJoe AustinErnest Whitley thanked the Board for initiating the project and the County Administrative staff, andengineers for all the time and effort spent to ensure the Hopewell Pisgah Water District becomes a reality19 Feasibility Report Hopewell Pisgah Water DistrictTim Broome, Engineer with McKim Creed, reported he and his staff have made a preliminaryassessment of the sign -up results and feel the project is feasible He reported he and County Manager, RichardSelf, will be meeting with Farmers Home Administration within the next few days to discuss the loanapplication50920 Late Sign-M Annroved - Hopewell Pisgah ProiectCounty Manager, Richard Self, explained one volunteer canvasser for the Hopewell Pisgah WaterDistrict failed to contact the people on his list, and as a result a group of 59 households were never canvassedFollowing discussion, Commissioner John M Booker moved the Board approve a period of 10 workingdays during which time the 59 households which were not canvassed during the original period may sign upat the initial 7500 tap feeCommissioner Jerry F Wood seconded the motion which carried by unanimous vote21 Water Report Options for Supplying Water to Corinth HolderTim Broome informed the Board the engineers have evaluated the following alternatives for supplyingwater to Corinth Holder School and surrounding area1 A 12 water main from City of Raleigh through the Town of Wendell system at a probable project costof 771,500 for 30,000 gpd2 Two deep wells with water mains connecting to the existing water treatment building at Corinth HolderSchool Existing deep well would be abandoned and two existing ground storage tanks would be used alongwith existing chlorinator Probable project cost would be 214,000 and would not provide fire protection3 Two deep wells with 8 water mains and fire hydrants supplying water to an elevated tank on siteChlorinators would be installed at each well and the existing well and treatment system at the school would beabandoned¦ 100,000 gal elevated tank providing approx 1 2 hours of fire fighting - probable cost 455,000¦ 200,000 gal elevated tank providing approx 3 hours of fire fighting - probable cost 554,0004 An 8 PVC water main from Wendell to Corinth Holder community with an elevated tank at theschool Fire hydrants would be installed along the main and at the school with fire duration depending on thesize of the elevated tank¦ 100,000 gal elevated tank providing approx 1 2 hours of fire fighting - probable cost 659,000¦ 200,000 gal elevated tank providing approx 3 hours of firefighting -probable cost 758,000Mr Broome stated another option might be to construct a 12 line from Wendell to Hwy 231, thenbuild a smaller line from Hwy 231 to Corinth Holder community This would provide an additional watersource into Johnston County and the smaller line would be sufficient to carry the water into the Corinthcommunity Probable cost for this option plus a 200,000 gal water tank at the school site would be 778,000Construction of the water lines alone which would provide some fire fighting protection would be 530,000The Board discussed the various options Commissioner James W Cash pointed out the new Claytonschool on Hwy 42 should generate residential growth between Clayton and Archer Lodge This growth areaalong with the Archer Lodge and Corinth Holder communities may together decide to form a water districtsimilar to Hopewell Pisgah If this should happen, the primary source of water would come from Clayton, andthe Wake County connection could be used as an alternate source and emergency interconnect for the CountyFollowing further discussion, Commissioner Frank B Holding moved the Board authorize McKim Creed to design a 12 water line from Wendell to Hwy 231 with a smaller diameter PVC line from Hwy231 to Corinth Holder School and bid the project as soon as possible Commissioner Holding further movedthe engineering fees be paid from unappropriated surplusCommissioner Eleanor N Creech seconded the motion which carried by unanimous vote22 Tourism Authoritv - Reauest for Letter of Support - Lighting on I -95Linwood Parker, Chairman of the Johnston County Tourism Authority, informed the Board thenumber one focus of the Tourism Authority for 1994 is to ensure safety in Johnston County with emphasis onthe I -95 corridorSue Dupree, member of the Tourism Authority, read a resolution which is being forwarded to theNorth Carolina Department of Transportation asking DOT to install lights along the I -95 corridor and at theJohnston County exits between Kenly and Benson She and Mr Parker asked the Board to endorse thisresolution by letter of support to Secretary Sam Hunt, North Carolina Department of TransportationUpon a motion by Commissioner Frank B Holding, seconded by Commissioner Cecil M Massengilland carried by unanimous vote, the Board voted to extend a letter to the North Carolina Department ofTransportation in support of the resolution adopted by the Johnston County Tourism Authority requestinglighting on Interstate 95510The Board commended the Tourism Authority for their effort to provide safety for both the citizensof the County and the many tourist traveling along this major interstate corridor23 Request for Relief of Taxes - Julia ElseeJohn Stott, Tax Administrator, informed the Board Julie Elsee, representing the NC Council ofChurches, has requested a reduction in the value ofthe Council of Churches property located across Holt LakeThe request is based on a recent sale of similar property and the inability to use the land as originallyanticipated He explained the County has no statutory allowance to do thisMrs Elsee informed the Board the property is valued at 200,000 and is zoned commercial She askedif it could be rezoned residential and thereby lower the value She noted the Council of Churches would liketo see the property value reduced before they turn the land over to the Housing Assistance Council out ofWashington DCThe Board advised Mrs Elsee that any decision to request rezoning would have to be made by theowners and would have to go through the standard procedures involving the Planning Department and PlanningBoard This normally takes at least two months24 Request for Tax Relief - Needham FosterNeedham Foster appeared before the Board requesting relief of taxes on his home that was burnedin July, 1993 Mr Foster explained he was the victim of burglary and arson and did not have sufficientinsurance coverage to replace the structureTax Administrator, John Stott, reported taxes on the destroyed dwelling amount to 90879, howeverhe noted that State law does not allow him to release taxes due in this situationCommissioner Eleanor N Creech stated after reviewing the agenda and realizing this matter wouldcome before the Board, she personally contacted Mr Foster and explained her position She voiced hersympathy, however stated her vote in this matter would have to be the same as with a similar case which washeard in December at which she voted no based on her interpretation of the North Carolina lawFollowing further discussion, Commissioner Frank B Holding moved the Board release taxes on thehouse for the 5 months since the house was destroyed Commissioner Jerry F Wood seconded the motion whichcarried by the following voteAyes Norman C Denning, Frank B Holding, James W Cash, John M Booker, Cecil M Massengill,Jerry F WoodNo Eleanor N Creech25 Request for Reduction in Tax ValueJohn Stott informed the Board Frank Lee and Toby Lee are requesting a reduction in the value oftheirwarehouse in Smithfield based on the recent purchase price Mr Stott explained there have been no changesin the property to justify his office reducing the value and State law does not permit changes in value based onsale price during non revaluation years He pointed out the property will be reassessed for the 1995 generalrevaluationThe Board took no action on this request26 Request for Permanent Full -Time Personnel in Tax OfficeJohn Stott informed the Board that because of the new vehicle tax laws, he has been using a part-timeemployee on a full -time schedule and feels this position will never revert to part-time hours He stated hisdepartment has the necessary funds to elevate the part-time employee to a full -time positionFollowing discussion, Commissioner John M Booker movedthe Board approve the Tax Departmentsrequest to convert a part-time position to full -time statusCommissioner Frank B Holding seconded the motion which carried by unanimous vote27 Harnett County Waterline InterconnectTim Broome explained that Harnett County is building a new Water District which will borderJohnston County The Town of Benson, which already receives its water from Harnett County through theTown of Dunn, is currently planning to run an 8 water line to a subdivision on NC Hwy 27 In order toprovide another interconnect with Harnett County, he suggested the Board may be interested in upgradingBensons proposed 8 line to 12 ductile iron and extending the pipe to connect with Harnett Countys newwater district to be served by the North Metro Water Plant Although the water would flow through Bensonsgrid, it could eventually be looped around Benson to interconnect directly with the Countys 16 water mainnorth of town511Commissioner Frank B Holding asked how much additional water the County could expect to realizewith the water flowing through Bensons grid Mr Broome responded if needed, the County should be able todraw approximately 800,000 gallons into the Countys system He explained that Benson budgeted 15,000for the project and plans to proceed as soon as possible With Bensons appropriation the net cost to the Countywould be 109,000Following further discussion Commissioner Frank B Holding moved the Board authorize the CountyManager to execute the necessary agreements with Harnett County and the Town of Benson to upsize theproposed water line along Hwy 27 from an 8 PVC to 12 ductile iron and extend the line to connect withHarnett Countys South Central Water District system Commissioner Holding further moved the necessarybudget amendments from unappropriated surplus be approvedCommissioner Cecil M Massengill seconded the motion which carried by unanimous voteBudget AmendmentsExpenditure Increase10 66509060 Water 7 Sewer Const Fd109,00000Revenue Increase10 39908100 Fund Balance109,00000Expenditure Increase10 42009003 Benson Grid - Metro Water109,00000Revenue Increase20 31900800 General Fund Transfer109,0000028 EXECUTIVE SESSIONUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Frank B Holdingand carried by unanimous vote, the Board recessed regular session to meet in executive session for the purposeof discussing land acquisitionUpon a motion by Commissioner John M Booker, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adjourned executive session and resumed regular sessionThere being no further business, Commissioner John M Booker moved the Board adjournCommissioner Frank B Holding seconded the motion which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 125626 PMCreated4172003 91429 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date131994Book19