January 15, 1990 - 9:00 AM - County Board of Commissioners Meeting Minutes (Special)

January 15, 1990The Johnston County Board of Commissioners met in Special Called Sessionon Monday, January 15, 1990, at 900 am in the Commissioners, Room, JohnstonCounty Courthouse Annex, Smithfield, North Carolina, with the following memberspresentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, James WCash, John M Booker, DVM, and Jerry F Wood, DDSMembers Absent NoneAlso Present Richard B Self, County Manager, Joyce H Ennis, DeputyClerk to the Board, and W R Britt, County AttorneyThe Chairman called the meeting to order and the following business wastransacted1 Public Hearing Rezoning - Clayton and Cleveland TownshipsAdvertised December 291 1990 January 5, 1990 - The Smithfield Heraldand Clayton News -StarNotices Posted at locations; Certified letters mailed to adjoiningproperty ownersThe Chairman opened the public hearing and explained the purpose is tohear anyone who wishes to address the Board on two applications for rezoningThese are the first cases to be heard under the new County Zoning Ordinance Therequests were sent to the Commissioners from the County Planning Board withtheir recommendation Chairman Denning asked County Planner, Jeff Coutu, tostate the requests and invited the public to respondRequest 11 Emory Howard - Request to rezone property on Barber MillRoad, Clayton Township; 1 acre in front of Emory Howard Estates Mobile Home Parkfrom Mobile Home Park District to Community Business for the purpose ofdeveloping a gas station convenience storeCOMMENTS1 Jay Zimmerman, resident of Johnson Meadows Subdivision located acrossfrom the proposed rezoning, presented a petition with 75 signatures from area506January 15, 1990 Continuedresidents requesting the rezoning be deniedHe listed the following objections to the property being rezoneda increase in trafficb potential traffic hazard due to hills and curvesc possible hang -out for teenagersd increased noise - residential areae potential crimesf adverse affect on property valuesg risk to drinking water wells from gasoline tanks if accident shouldoccurh aesthetically poori against the best interest of the communityj sets precedent for similar rezoning requestsMr Zimmerman asked the Commissioners to consider holding rezoning publichearings at night so people interested can attend without missing work2 Jack Deese resident in the neighborhood asked that the zoning remainresidential3 Stuart Roberts, who lives across from the lot proposed for rezoning,said he bought his property as residential and would like it to be keptresidential4 Wayne Strickland expressed concern for safety, as the area is aschool bus stop and increased traffic in and around the proposed store mightcause a hazardous situation5 Emory Howard, who requested the rezoning and proposes to build thestore, responded to the objections by saying it will be a family owned businessthat will close by nine or ten oclock pm and will not have video games oranything to create excessive noise or attract young people to hang -outHe said it would be built to code, attractive and landscaped, so as notto hurt the surrounding property values He commented he feels the store wouldbe a benefit to the communityMr Howard presented a petition with 44 signatures in favor of rezoningwhich he circulated in the community after learning of the petition against hisrequest He said many people had not understood the type of business heproposes6 Frank Howard said he will be running the store He presented a letterfrom Charles L Williams, a real estate appraiser from Appraisals LandResearch, which states that based on information he has, also on location andsize of the building proposed, construction and operation of a store with gaspumps would not detract or lessen values of the property in the neighborhoodRequest - #2 I -4042 Land Associates request to rezone tract G 1465acres at intersection of I -40 and Highway 42, Cleveland Township, fromIndustrial I to Industrial 2 to develop an industrial siteJeff Coutu explained the request is for a portion of the land owned byLand Associates, located at the intersection of I -40 and NC 42 in ClevelandTownship This portion, Tract G, is the site of a proposed major industry andthe Planning Department recommends conditional use I -2 zoning which will allowjust the specific uses for Tract G proposed by the industry, once a detailedsite plan is submitted and approvednnMM VMMQ 1 Wayne B Lewter, resident from the area, voiced concerns about smallbusinesses recently built in the area before the County Zoning Ordinance becameeffective, which have created excessive noise and traffic He stressed thecommunity does not want more of this type of industry Mr Lewter appealed tothe Board to help keep their community a good place for family lifeI ,irat „507Commissioner Frank B Holding said he believes the proposed high -techindustry will be attractive, well - landscaped, provide a quiet and cleanoperation and be a good neighbor in the communityMr Lewter thanked the Board for this information saying he can support awell -run, well- manicured industrial plant2 Tommy Barefoot, who owns farm land directly across from the areaproposed for rezoning, asked if he can still list his land for taxes as farm uselandIt was explained he can continue to list his land at farm use value aslong as it is used for farmingMr Barefoot suggested the Board request DOT to install a traffic lightat intersection 1010 and Highway 42 to prevent a bad accident due to theincreased traffic3 Larry Parker, who lives in the vicinity, questioned the impact such aplant and subsequent drainage might have on the creek which runs behind theproposed site It was explained before any industry can build a plant, they haveto provide detailed site plans and environmental assessments He was told, underno circumstances would the creek be disturbed Mr Parker asked if the landwould remain zoned Industry 2 if the proposed industry does not locate at thesite Mr Coutu explained the rezoning would remain I -2 for similar type use Heexpressed concern that the neighborhood remain a quiet residential community,but said he would welcome this type of plantMr Parker also requested future rezoning public hearings be held atnight for the convenience of the public4 Linwood Jones, representing I -4042 Land Associates, addressed theBoard explaining that before a grading permit is issued, or the site planapproved, a soil erosion plan has to be submitted to the State of North CarolinaEnvironmental Protection Agency for approval concerning run off into waterwaysAlso, an Environmental Assessment Plan has been conducted at the request of theindustry, and there appears to be no problem with developing the landMr Jones also informed the board he has contacted NC Department ofTransportation requesting a stop light be installed at Hwy 42 SR 1010 and a stoplight or caution light as SR 1010 SR 1525 DOT has promised to investigate thesituation, and Mr Jones asked the Board to also add their request in thismatter5 Sue Johnson, who lives in Howard Estates Mobile Home Park, feels thestore would probably be beneficial to the area, however, she is concerned withdrug dealing and related crimes which often occur around small business locatedin rural communitiesThere being no further comments, the Chairman declared the public hearingclosedChairman Denning thanked everyone for coming and commented the Boardwould certainly consider holding future rezoning public hearings at nightFollowing the public hearing, Mr Zimmerman added that the people whosigned his petition were asking that the Emory Howard rezoning be denied Heasked if the request is sent back to the Planning Board for future study, wouldthe residents have another opportunity to voice their oppositionMr Coutu explained when rezoning requests are received, his staffevaluates the property and presents pertinent information to the Planning Boardwhich considers the requests, then sends it to the Board of Commissioners withor without recommendation A public hearing, which has been properly advertised,is held, and after hearing from the public, the Commissioners have the option ofapproving, denying, or sending the request back to the Planning Board forfurther study and a second recommendation No further public hearing isrequired At this time, however, the Board recommended citizens who expressinterest be notified when this subject will again be discussedBobby Stephenson, member of the County Planning Board, was present andcommented his board will be glad to re- evaluate any request should theCommissioners feel further consideration and additional information is neededf•January 15, 1990 ContinuedUpon a motion by Commissioner Jerry F Wood, duly seconded byCommissioner Frank B Holding and carried by unanimous vote, the Board agreed tosend back to the Planning Board for further consideration, the rezoning requestfrom Emory Howard to rezone property on Barber Mill Road, Clayton Township, fromMobile Home Park District to Conditional Use Community BusinessCommissioner Frank B Holding moved the rezoning request from I -4042Land Associates to rezone Tract G 1465 acres at the intersection of I -40 andHwy 42 from Industrial I to Conditional Use Industrial 2 zoning be approved asrecommendedCommissioner James W Cash seconded the motion which carried by unanimousvote2 North Carolina Natural Gas EasementHilman Ray and Marty Rogers, representing NC Natural Gas, were presentto discuss with the Board a request for an easement and 50 right- of -way acrosscounty property adjacent to Jones Brothers Furniture along Buffalo Creek fromthe railroad to Highway 301 in Selma Township for the purpose of running anatural gas pipeline and constructing a 501x50 transmission gate station on theback of the propertyAs previously requested by the Board, the County Manager and CountyAttorney have negotiated with NCNG, and Mr Ray told the Board they areprepared to pay 1200 per acre for the agreementAfter discussion, Commissioner Frank B Holding moved the county acceptthe offer of 1200 per acre from NC Natural Gas for an easement and 50right -a -way on County property located adjacent to Jones Brothers furniturealong Buffalo Creek from the railroad to Highway 301 in Selma TownshipCommissioner Jerry F Wood seconded the motion which carried by unanimousvote3 Budget Amendment - Utility Work I -40 ConstructionThe County Manager informed the Board North Carolina Department ofTransportation has invoiced the County for 17,939 for utility work 16 ductileiron water main included in the construction contract for the building of I -40from north of US 301 to south of existing I -95 in Johnston County This workwas authorized by the County, by letter of agreement dated September 51 1986, inaccordance with the Countys proposed water line plansUpon a motion by Commissioner John M Booker, duly seconded byCommissioner Frank B Holding and carried by unanimous vote, the followingbudget amendments were approvedExpenditure Decrease Contingency Fund804440 -8200 For Future Amendments 17,939Revenue Decrease Contingency803981 -8200 From General Fund 17,939Expenditure Increase Special Appropriations106650 -9060 Water Sewer Const Fd 17,939Expenditure Decrease106650 -5700 Contingency Fund17,939Expenditure Increase Water Sewer Fund204200 -82220 Casings Under I -40 17,939Revenue Increase Water Sewer203190 -0800 General Fund Transfer 17,9394 Budget Amendment - Change in Purpose - Public Utility Compaction SitesThe County Manager requested the Board authorize a change in purpose formoney budgeted for landfill scales He asked approval for this money to beredesignated to compaction sites account in order to establish two additionalsitesIIIi509Upon a motion by Commissioner James W Cash, seconded by CommissionerFrank B Holding and carried by unanimous vote, the following budget amendmentwas approvedExpenditure Decrease Public Utility Solid Waste Dept105850 7400 Landfill Scales 52,000Expenditure Increase105800 7401 Compactor sites 52,0005 Budget Amendment - Council on Aging VanThe County Manager advised the Board the Johnston County Council on Aginghas requested a used van to replace their worn out Workshop on Wheels vehicleused in home repair program They have located a 1982 Ford Econo -line van fromState Surplus for 2500Upon a motion by Commissioner John M Booker, seconded by CommissionerJerry F Wood and carried by unanimous vote, the Board approved the purchase ofthe 1982 - Ford van for Johnston County Council on Aging and authorized thefollowing the budget amendmentsExpenditure Increase Special Appropriations106650 -6231 Coa -Van Purchase 2,500Expenditure Decrease106650 -5700 Contingency Fund 2,500Expenditure Decrease Contingency8044408200 For Future Admendments 2,500Revenue Decrease Contingency803981 -8200 From General Fund 2,5006 Landfill Fire - Rex Compactor DamagedThe County Manager reported there was a fire at the County Landfill onSaturday, January 13th, which heavily damaged the 1977 Rex Compactor Thehydraulic line or fuel line ruptured He said the equipment was insured and theinsurance company has been notified of the incidentCommissioner Frank B Holding noted this is the second time a similarfire has caused damage to a landfill compactor He remarked the equipment mightneed to be periodically examined for this problem to prevent further accidents,if at all possible7 Old District Court Building to be DemolishedThe County Manager advised the Board the old District Court Building isnow scheduled to be torn down on Sunday, January 21st He noted, for safetyreasons, the work will be done on Sunday, in the early morning hours, when therewould be fewer cars and or people8 Water Sewer - 70 East - Easements William W Smith, YelGrove Baptist Church, and John Deere CompanyUpon a motion by Commissioner Jerry F Wood, duly seconded byCommissioner Frank B Holding and carried by unanimous vote, the Board approvedthe following transactionsA Agreement with William W Smith, property owner on Highway 70 atintersection of SR 2508 and SR 2301 Mr Smith to give the County easement andright -of -way across his property to run water and sewer lines to BrogdenEnterprise industrial site, in return for water sewer tap -on connections 6 teewith plug for water and 6 sewer taps at three locations It is understoodconnections are to be provided at main lines and pointed in the correctdirection, but not extended across the highways or to the right -of -way limitsCost to the County approximately 2,000 to 3,000B Agreement with Yelverton Grove Baptist Church, located on SR 2301,for easement and right -of -way across their property for County to runwater sewer lines to Brogden Enterprise industrial site, in return forwater sewer service being brought to their Yelverton Church property lineCost to County approximately 1,000510January 15, 1990 ContinuedC John Deere Company, who owns property on 70 East in the vicinity ofproposed water and sewer lines to Brogden Enterprise industrial site, has askedpermission to tap -on to the County system No cost to the County9 New Location for County Container BoxThe County Manager told the Board Johnnie ONeal, who owns the propertyat Highway 39 and Highway 42, where a County trash container is located, hasrequested the County relocate to another site as he now wishes to utilize thisland for another purposeThe County has located a site approximately 2000 feet from the presentlocation at intersection of Highway 39 and SR 1734 The property, which hasbeen examined by Ragsdale Engineers and found satisfactory, is owned by McDanielNarron Mr Narron has agreed to sell the County the land needed approximately1 acre at 5,000 per acre to be used as a County greenbox container siteiCommissioner Jerry F Wood moved the County Attorney draw up theappropriate documents and the County purchase approximately l acre of lend atthe intersection of Highway 39 and SR 1734 from McDaniel Narron at 5,000 peracre, for the purpose of relocating aCounty greenbox containerCommissioner Frank B Holding seconded the motion which carried byunanimous vote10 Recycling ReportThe County Manager reported there were no additional responses to theCounty -wide advertisement concerning recycling programs at the manned compactionsites The Kenly Kiwanis Club, and Trash Collection Services, who originallyrequested permission to implement recycling, are beginning their programs11 Forest Service FacilitiesCommissioner John M Booker told the Board the State annually has fundsavailable to upgrade ,forest service facilities He requested the County Managerreview the condition of the Forest Service facility on Fire Tower Road andreport back to the BoardIUpon a motion by Commissioner John M Booker, duly seconded byCommissioner James W Cash and carried by unanimous vote, the Board adjournedJ ce H Ennis, Deputy ClerkiDetailsAnnotationsEntry PropertiesModified11192013 125121 PMCreated3312003 70648 AMTemplateMinutesFieldsMinutes - TypeSpecialMinutes - Date1151990Book18