August 1, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 55 Meeting of the Johnston County Board of Commissioners August 1 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 1 , 2022 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Executive Assistant Deputy Clerk Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for the appointment to the Alcoholic Beverage Control Board and the nomination for the Hospital Authority Chairman Lawter stated the votes have been tallied and he announced the following Alcoholic Beverage Control Board – Jeffrey P Carver was appointed Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board appointed Mr Carver for a term to expire on October 31 , 2025 Hospital Authority Nomination – Brad Oakes was nominated The nomination will be sent to the Hospital Authority for review and recommendation Chairman Lawter will make the final appointment at the September 6 , 2022 Board meeting 2 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the agenda adding a closed session for NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 4 – Economic Development after Board Reports and Comments 3 Public Comment A Citizen Comments – Joe Preston Joe Preston of Wilson’s Mills asked for an update to a matter that he spoke to the Board about at a previous meeting where he asked if it was possible for a sitting County Commissioner that has been charged with a crime to be suspended pending the outcome of the charge Mr Preston stated he is not asking for the Commissioner to resign or be removed , but rather if they could step down or be suspended until such time as the charge is decided upon Page56 August 1 , 2022 – 6 00 pm Continued B Citizen Comments – Tony Tetterton Tony Tetterton stated he spoke at the morning meeting and he would like to clarify that although he no longer lives in Johnston County , he does own property in the County Mr Tetterton restated his concerns from the morning meeting that he believes in innocent until proven guilty Mr Tetterton stated such matters are for the courts to decide and he considers it small minded for people to presume someone is guilty C Citizen Comments – Jan Whitley Jan Whitley of the Brogden Community addressed the Board and stated until such time as a new Comprehensive Land Use Plan is adopted , she would like for the Board to enforce the current plan as well as Chapter 14 of the Johnston County Code of Ordinances Ms Whitley also asked the Board to consider implementing a moratorium on subdivisions until the new Land Use Plan is in place Ms Whitley stated current landowners need protection and developers need to work with the residents to protect the communities D Citizen Comments – Angelique Legette Angelique Legette of Smithfield spoke to the Board regarding the exemptions , exclusions , and deferment programs that are available for eligible taxpayers She asked if a notice could be included with the tax bills that provided better notice of these programs for those eligible citizens and if the applications could be submitted online Ms Legette stated many are unaware of these programs and this would help to spread the word Ms Legette also informed the Board that there are “ slumlords ” in Johnston County who are affecting the low to moderate income population Ms Legette shared her concerns that people are living in substandard conditions and for many it is their only option She asked the Board if there are policies that could be put into place to help those living in such conditions 4 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – July 20 and 27 , 2022 Certified letters were mailed to adjoining property owners on July 18 , 2022 A notice was posted at the location on June 2 , 2022 for Case 22 - 20 The Chairman opened the Rezoning Hearing for Case 22 - 20 Case 22 - 20 Petition to rezone 34 acres of a 1 acre tract located at 6217 NC HWY 39 in O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11N05004E Owner Bonnie & Ricky Godwin Applicant David Ricky Godwin , Jr , Trustee Conditional Zoning To allow for a Car Dealership Planning Director Braston Newton stated the petition is to rezone 34 acres of a 1 acre tract located at 6217 NC Hwy 39 in O’Neals Township from Agricultural Residential to General Business - Conditional Zoning Mr Newton stated the site is currently a non - conforming use for a music store He stated the conditional zoning request is to allow for a car dealership The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and a church The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 39 is 2,900 vehicles per day as of 2019 and it appears on the Comprehensive Transportation Plan as a “ boulevard with adequate design capacity ” The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows 1 Permitted Uses Automotive sales 2 The Conditional Zoning shall expire with the violation of any Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along NC Hwy 39 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 7 00 AM to 7 00 PM 8 00 AM to 6 00 PM , seven days a week Monday through Friday 9 Limited to the storage and display of 8 4 vehicles for sale Applicant Page57 August 1 , 2022 – 6 00 pm Continued 10 NCDOT driveway permit required NCDOT requirement 11 Only a single driveway shall remain NCDOT requirement Items stricken through and followed by Bold were altered and agreed upon by the applicant during the Planning Board Meeting Attorney Chip Hewett , representing the applicant , stated when looking at this case and the ordinance , the number of vehicles should be considered Mr Hewett reported that staff recommended denial because of inconsistency with the Comprehensive Land Use Plan ; however , it should be noted that the current use is a preexisting nonconforming use that has been on the site since the 1970s Mr Hewett pointed out the subject area on the aerial photo for the Board and stated in order for the applicant to obtain his dealer’s license from the Department of Motor Vehicles the rezoning is required Mr Hewett stated the proposed use would be for the applicant to sell his business fleet vehicles when they reach a certain mileage He stated the sales would be done over the internet and by appointment only Mr Hewett stated the use would not interfere with the hours of the church across the road and the Planning Board recommended approval Mr Hewett called condition # 4 to the Board’s attention and asked if the landscaping is necessary along NC Hwy 39 Commissioner Ted G Godwin questioned the lighting and stated when traveling that portion of NC Hwy 39 , he has noticed there is a problem with glare from the existing lighting and he has had neighbors express that same concern Commissioner Godwin stated he could agree with Mr Hewett’s question regarding condition # 4 Applicant David Ricky Godwin , Jr addressed the Board and stated the existing lighting was installed for security reasons and is necessary for the security cameras on site Mr Godwin stated he would contact the lighting company to see if it can be adjusted to help with the glare issue Mr Godwin reported that once an individual sells more than five vehicles per year , a dealer’s license is required , which necessitates the rezoning At the inquiry of Commissioner Tony Braswell , Mr Hewett stated they are comfortable with all the conditions except # 4 and request the Board to consider the necessity of landscaping along NC Hwy 39 Upon a question by Chairman RS “ Butch ” Lawter , Jr , Mr Godwin stated he still plans to operate the music business and the conditional zoning would be for his company’s fleet vehicles sales Chairman Lawter questioned if the conditions would also apply to the music store use Mr Newton stated the rezoning could be restricted to just the area for the office for the fleet vehicle sales Mr Godwin stated the office address is 6217 - A NC Hwy 39 Commissioner Tony Braswell stated the music store business has been in existence for as long as he could remember and he can agree with removing condition # 4 At the inquiry of Chairman Lawter , Mr Newton stated the Board could apply the rezoning to 6217 - A NC Hwy 39 to establish the office space as required for the dealer’s license There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency with an attached list of conditions as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 22 - 20 At the inquiry of Chairman Lawter , the applicant agreed to the conditions , removing condition # 4 regarding the landscape buffer and adding a condition to assign the rezoning to the address of the office space Decision on Rezoning Case 22 - 20 Case 22 - 20 Petition to rezone 34 acres of a 1 acre tract located at 6217 NC HWY 39 in O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11N05004E Owner Bonnie & Ricky Godwin Applicant David Ricky Godwin , Jr , Trustee Conditional Zoning To allow for a Car DealershipPage58 August 1 , 2022 – 6 00 pm Continued Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 20 removing condition # 4 regarding the landscaping buffer and adding a new condition that the rezoning shall apply only to the portion of the existing building addressed 6217 - A NC Hwy 39 for the purpose of establishing an office space Commissioner Richard D Braswell seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 20 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax Tag ID 11N05004E located at 6217 NC Hwy 39 in O’Neals Township , from Agricultural Residential to General Business - Conditional Zoning WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to not be reasonable , nor in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan because the Land Use Plan , and updates , indicate that a The request is consistent with the Comprehensive Land Use Plan , “ Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” 2 This Board finds and determines that it is not reasonable , nor in the public interest to approve the proposed amendment because a The proposed development is consistent with the surrounding area with imposed conditions to mitigate impacts , and that the intended development provides a service to the local community 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning st Adopted this the 1 day of August , 2022 Conditions 1 Permitted Uses Automotive sales 2 The Conditional Zoning shall expire with the violation of any Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 7 Hours of operation shall be 8 00 AM to 6 00 PM , Monday through Friday 8 Limited to the storage and display of 4 vehicles for sale 9 NCDOT driveway permit required NCDOT requirement 10 Only a single driveway shall remain NCDOT requirement 11 Rezoning shall apply only to the portion of the existing building addressed 6217 - A NC Hwy 39 for the purpose of establishing an office space as required for NC Dealers License 5 Planning Activity Report and Comprehensive Land Use Plan Update Planning Director Braston Newton stated the Planning Board would be holding a special meeting on rd August 3 to receive a presentation on the draft Comprehensive Land Use Plan He stated this meeting would be open to the public and livestreamed on the County’s YouTube channel Mr Newton stated he anticipates th presenting the draft plan to the Board of Commissioners at their September 6 6 00 pm meeting Mr NewtonPagePage pageNumber559 August 1 , 2022 – 6 00 pm Continued also reported staff is still working on a draft Request for Qualifications to update the County’s transportation plan and would present that to the Board as soon as it is ready for review 6 Manager Reports and Comments None 7 Board Reports and Comments Commissioner Richard D Braswell reiterated the need for the Board to be looking at the County’s water and sewer policies 8 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 4 – Economic Development Upon a motion by Commissioner Fred J Smith , Jr , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board recessed regular session to sit in closed session for the purposes of consulting with an attorney employed by the Board in order to preserve the attorney - client privilege pursuant to North Carolina General Statute 143 - 31811 a 3 and to discuss matters relating to the location or expansion of industries or other businesses in the area , pursuant to North Carolina General Statute 143 - 31811 a 4 No action was taken Vice Chairman Patrick E Harris moved the Board adjourn closed session and resume regular session Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote There being no further business , Commissioner Ted G Godwin moved the Board adjourn Commissioner Richard D Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 7 35 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage