March 26, 1990 - 7:30 PM - County Board of Commissioners Meeting Minutes (Special)

Meeting of the Johnston County Board of CommissionersMarch 26, 1990The Johnston County Board of Commissioners met in Special Called Session on Monday,March 26, 1990, at 730 pm 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 MBooker, DVM, and Jerry F Wood, DDSMembers Absent NoneAlso present Richard B Self, County Manager, Eleanor N Creech, Clerk to the Board,Joyce H Ennis, Deputy Clerk to the Board, and Jeff Coutu, County Planning DirectorThe Chairman called the meeting to order and the following business was transacted1 Public Hearing Rezoning RequestsAdvertised March 9, 1990, March 13, 1990 in Smithfield Herald Also advertised inClayton News -StarNotices Posted at locations Certified letters mailed to adjoining property ownersThe Chairman opened the public hearing and explained the purpose is to hear anyone whowished to address the Board on two applications for rezoning The requests were sent to theCommissioners from the County Planning Board, and the Chairman asked County Planning Director,Jeff Coutu, to state the requests and invited the public to respondCase #002 Emory Howard - Request to rezone property on Barber Mill Road, ClaytonTownship; l acre in front of Dnory Howard Estates Mobile Home Park from Mobile HomePark District to Conditional Use, Cxm3u ity Business for the purpose of developing agas station convenience store2nd Hearing This request was presented to the Board of Commissioners on January 15,1990, and sent back to the Planning Board for review1 Frank Howard, stated his family wishes to build a clean, well- managed conveniencestore which would primarily serve the community and therefore, would not create additionaltraffic; a real estate appraiser has indicated the business would not lower property values inthe neighborhood; and, there is little risk of modern gas tanks leakingChristina Zimmerman commented she feels businesses do not belong in residential areasand asked the Board to deny this rezoning as it would set a precedent in future casesJack Deese expressed concern for the potential danger to community children who wouldbe enticed to cross heavily traveled Barber Mill Road to go to the store He asked that the areabe left residentialJay Zimmerman noted the area is dependent on ground water, and as a hydrogeologist, hevoiced concern that an accidental gas leak would create serious problems that would be difficultand expensive to correct He asked the Board to deny rezoning and keep the area residentialDebbie Hobson, who lives in Fmory Howard Mobile Home Park, said the store would be agreat convenience to the community and feels it would be well managedDot Deese, Amelia Road, strongly opposed the rezoning; likes the community as it isShe also expressed concern for children crossing Barber Mill Road to the proposed storeLorna Haddix said most of the people in the community moved there to get away from thebusiness area and feels the store would ruin the atmosphereJosephine Howard spoke in favor of a community store as there has always been one inthe area until the last few yearsEmory Howard stated he spoke to most of the people in the area about opening aconvenience store and had a favorable response He noted the ground water is regularly checkedand water pollution is unlikely The store would draw business from the community instead ofcreating additional traffic, and would not become a hangout for undesirables It would be builtto code with gas tanks installed according to all safety regulations, and would be quietly andneatly maintained, as the mobile home park is maintained He requested the Board grant thisrezoningjfr541March 26, 1990 ContinuedDennis Norris, who lives in Johnson Meadows Subdivision, voiced concerns that rezoningthis property would open the door for other businesses to locate in the areaDavid Haddix, resident of Johnson Meadow Subdivision, opposed the rezoning and informedthe Board there is already a grocery store within two miles of the areaNellie Valerio and Ann Norris also spoke in opposition to the rezoningCASE # 003 Derick S Close - Request to Rezone 4265 acres on SR #1901 PowhatanRoad, Clayton, from Agriculture Residential -40 to Light IndustrialThe Board was presented a petition, signed by neighboring property owners, opposingthis rezoningComnentsDan Warrick, surveyor and engineer, briefly explained Mr Closes plans to subdividethe property and promote the land for light industry Several favorable features were noted 1access to railroad and major highways; 2 industries already located in the immediate area; 3availability of water and other utilities Sewer service is not available at presentDerick Close offered to answer any questions from concerned neighbors saying he hopesto turn the property into a quality industrial parkAtlas Hogg expressed concern with having additional industry in his neighborhood whichhe feels would add to traffic congestion and existing stagnant water problemsLinda Kennedy stated her biggest concern is increased traffic on Powhatan RoadMark Moeller, real estate agent who plans to market the subdivided tracts, assured theBoard that Mr Closes goal is to attract quality industry to the site and said they hope towork with the County to realize this goalHarold Jones, adjoining property owner, expressed concern that the proposed site wouldbe built up and cause drainage onto his land He also asked if plans are to access the propertyonto Powhatan Road or Highway 70W Close indicated he is negotiating with an adjoining property owner to build hisaccess road to Highway 70, if at all possibleIt was further explained that erosion and site plans, which would address drainageproblems, would have to be approved before any work could be done on the propertyJanet Jones noted there is a school bus stop on Powhatan, and with additional traffic,she was concerned for the safety of children She mentioned the dangerous railroad crossingwhich has no gates or flashing lights, and the State informed her there are no plans to installthemCommissioner Frank B Holding commented he inquired about gates and signal lights atthat crossing and explained the States criteria for installing electronic signals is dependenton the amount of traffic involvedDan Warrick provided a sketch of the proposed subdivision which showed roads andanticipated traffic flowHearing no further comments, the Chairman declared the Public Hearing closedCommissioner Frank B Holding moved the property be rezoned from AR R -40 to LightIndustrialCommissioner Jerry F Wood seconded the motionCommissioner James W Cash stated he could not favor the rezoning unless he was assuredthe property would access to Highway 70 instead of Powhatan RoadDiscussion followed and Neta Jones asked if the tax value on neighborhood propertywould increase She was assured the surrounding property would not be affectedCommissioner Holding remarked the County greatly needs growth and expansion of the taxbase, and to accomplish these goals, land needs to be made available for industry, however, hestressed no one wants to create a hardship on surrounding neighbors542March 26, 1990 ContinuedAfter further discussion, Commissioner Holding withdrew his motion to rezone;Commissioner Wood withdrew his second and it was suggested the neighbors adjourn to another roomto talk with Mr Close and his associates to see if their questions and concerns could beansweredREZONING REQUEST # 002 Fmory Howard Property from Mobile Home Park District toConditional Use Caammity BusinessUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James W Cash andcarried by unanimous vote, rezoning for Case #002, Emory Howard Property, was denied on thegrounds this would be incompatible with existing developmentIt was explained that Mr Howard may appeal this decision within thirty days to theBoard of Adjustment2 Award of Bids - ASCS BuildingAdvertised February 2, 1990 Bid Opening 200 pm March 1, 1990The County Manager noted this project is to be financed over a fifteen year periodthrough Installment Purchase and the rent from the agency will cover the costThe Board considered the following bids for construction of the AgricultureStabilization Conservation Service ASCS buildingGeneral Construction Single PrimeFreedom Construction, Dunn, NC414,8005 Bid Bond495,190Guest Construction, Durham, NC392,6315 Bid Bond578,303Marks- Barnes Builders, Cary, NC,459,5095 Bid Bond616,000North Hills, Inc, Raleigh, NC369,0005 Bid Bond517,430LE Parker Const, Smithfield, N C479,0005 Bid Bond478,900JP Rogers, Const, Smithfield, NC407,4005 Bid Bond618,426D S Simmons, Inc, Goldsboro, NC382,8005 Bid Bond514,700Eastern ConstCo, Wilson, NC498,8005 Bid Bond498,714General Construction Multiple PrimeEast Carolina Assoc, Kinston, NC5 Bid Bond414,800Freedom Construction, Dunn, NC5 Bid Bond392,631Guest Construction, Durham, NC5 Bid Bond459,509Hargis Construction, Smithfield, NC5 Bid Bond369,000Marks -Barnes Builders, Cary, NC5 Bid Bond479,000North Hills, Inc, Raleigh, NC5 Bid Bond407,400L E Parker Const, Smithfield, NC5 Bid Bond382,800JP Rogers Const, Smithfield, NC5 Bid Bond498,800DS Simmons, Inc, Goldsboro, NC5 Bid Bond399,500Eastern Const Co, Wilson, NC5 Bid Bond377,214PlumbingBolton Corp, Raleigh, NC5 Bid Bond 31,800Braxton Britt Plumbing, Wilson, NC5 Bid Bond 26,7001543March 26, 1990 ContinuedGoins Plumbing Service, Maxton, NC5 Bid Bond 29,854Kipco- Piping, Inc, Kinston, NC5 Bid Bond 32,100McGirts Plumbing, Maxton, NC5 Bid Bond 26,600Pemberton, Inc, Rocky Mount, NC5 Bid Bond 26,542Thompson Plumbing, Wilson, NC5 Bid Bond 32,655Vickers Ruth Plumbing, Raleigh, NC5 Bid Bond 29,900WM Wiggins Co5 Bid Bond 31,710MechanicalBolton Corp, Raleigh, NC5 Bid Bond 36,880Four Seasons Co, Rocky Mount, NCCertified Check 35,598Glamor Heat of NC, Garner, NC5 Bid Bond 34,834DL Johnson Electric, Wilson, NC5 Bid Bond 34,142Kinston Plumbing, Kinston, NC5 Bid Bond 34,750Multi -Temp Corp, Wilson, NC5 Bid Bond 33,967Pemberton, Inc, Rocky Mount, NC5 Bid Bond 30,199Pernell, Inc, Smithfield, NC5 Bid Bond 29,844Watco Corporation, Garner, NC5 Bid Bond 33,950Central Heat AC5 Bid Bond 37,402ElectricalACT Electric, Inc, Wake Forest, NC5 Bid Bond 56,330Adams Electrical, Inc, Fuquay- Varina, NC5 Bid Bond 52,392Bolton Corporation, Raleigh, NC5 Bid Bond 49,880DC Electrical, Wilson, NC5 Bid Bond 48,645Harrison Electric, LaGrange, NC5 Bid Bond 40,540DL Johnson Elec, Wilson5 Bid Bond 54,900Management Systems, Raleigh, N C5 Bid Bond 58,000Modern Electric Co, Raleigh, NC5 Bid Bond 51,300Pemberton, Inc, Rocky Mount, NC5 Bid Bond 52,597Ricks Electrical, Selma, NCCertified Check 58,800Robeson Electric, Lumberton, NCCertified Check 48,500Watson Electrical, Wilson, NC5 Bid Bond 55,466MR Jones Electric5 Bid Bond 45,750The County Manager explained Harrison Electric, in accordance with NC Statutes143 - 1291, requested their bid be withdrawn due to a substantial clerical error in tabulation4Upon the recommendation of Architect, William E Fripp, Commissioner James W Cashmoved the Board accept Harrison Electrics withdrawal of bid and award contracts to thefollowing544March 26, 1990 ContinuedGeneralHargis Construction, Smithfield 369,000PlumbingPemberton, Inc, Rocky Mt,NC 26,542MechanicalPernell, Inc, Smithfield, NC 29,844ElectricalMR Jones, Wilson, NC 45,750TOTAL CONTRACTS 471,136Commissioner Jerry F Wood seconded the motion which carried by unanimous vote3 Award of Contract Financing of Construction of ASCS BuildingBid Opening 400 pm March 15, 1990The Board reviewed a bid from First Citizens Bank for Installment Purchase Financing ofthe ASCS Building in the amount of 750,000 for 15 years at a fixed rate of 994 The County Manager explained this project is subject to Federal Income Tax and this isreflected in the rate of interest proposed He noted the I bid has been forwarded to the LocalGoverrunent Commission for approvalCommissioner Jerry F Wood moved the County award contract to First Citizens Bank forfifteen year financing at 994 fixed rate per annum for Installment Purchase Financing of theconstruction of the ASCS Building, contingent upon approval of the LGCCommissioner James W Cash seconded the motion which carried by the following voteYea Jerry F Wood, James W Cash, John M Booker, Norman C DenningNae NoneAbstaining Frank B Holdings4 Compactor Site - Cleveland TownshipThe County Manager informed the Board a site in Cleveland Township on Barber Mill Roadis available for lease to the County as a solid waste compaction site The property, which onceheld a greenbox container, is owned by JE Barbour and can be leased for fifteen years at 150monthlyCommission John M Booker said he favored purchasing rather than leasing property forthese sitesThe Commissioners agreed buying land would be preferable, however finding sites topurchase have been unsuccessfulAfter much discussion, the Board agreed to postpone action until the next regularmeeting to see if a site can be located for purchase5 Rezoning Request #003 Derick S Close - Powhaton Road, ClaytonFollowing discussion between Mr Close and concerned neighbors, the Board decided todefer making a decision on this rezoning request until Monday, April 2, 1990, at 1030 amUpon a motion by Commissioner John M Booker, duly seconded by Commissioner James WCash and carried by unanimous vote, the Board adjournedANorman C Denning, ChairmanJoy H Ennis, De uty Cler ,DetailsAnnotationsEntry PropertiesModified11192013 22435 PMCreated3312003 72346 AMTemplateMinutesFieldsMinutes - TypeSpecialMinutes - Date3261990Book18