February 25, 2019 - 7:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 631 Meeting of the Johnston County Board of Commissioners February 25 , 2019 7 00 pm The Johnston County Board of Commissioners met in special session Monday , February 25 , 2019 at 7 00 pm in the Auditorium of the Cleveland High School located at 1892 Polenta Road , Clayton , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 7 00 pm and thanked everyone for coming Chairman Godwin explained that when the Board of Commissioners was first approached by citizens in the Cleveland community regarding a parks and recreation district , the Board’s first action was to seek legislative authority that would have allowed for a vote by the affected citizens Chairman Godwin continued that the North Carolina House , under the support of Representatives Donna White and Larry Strickland , voted to pass that legislation ; however , in the Senate it was referred to Committee where it ultimately died Chairman Godwin stated when the Board realized that a vote of the citizens would not be possible , the Commissioners decided to then hold two community meetings in an effort to receive feedback from the citizens Chairman Godwin stated the purpose of the community meetings are to hear the concerns of the citizens about the proposed taxing district for parks and recreation He stated while concerns that involve revaluation , traffic congestion , and school overcrowding are important , these meetings are to hear about the parks and recreation taxing district proposal Chairman Godwin encouraged the citizens to contact the Commissioners through their contact information on the County’s website or attend one of the Board’s regular meetings held on the first Monday of each month during Public Comment to voice concerns regarding other matters Chairman Godwin stated he felt there were many questions asked at the first community meeting where citizens left feeling frustrated because they did not get answers to those questions or that they were being asked to support something they did not understand Chairman Godwin asked everyone to understand that the Board is not asking the citizens to support or oppose anything , and again , the meetings are an attempt to hear all the concerns from the citizens that would be affected by a taxing district Chairman Godwin stated even though none of the Commissioners live within the McLemore Fire District , all of the Commissioners represent the entire County He stated Commissioner Patrick Harris represents the area included within the McLemore Fire District and he has asked Commissioner Harris to lead the discussion later on in the meeting Chairman Godwin stated in an effort to answer some of the questions that were asked at the first community meeting , he has asked Denton Lee to provide a history of the proposal Chairman Godwin noted that he has asked Mr Lee not to advocate for the district during his remarks as Mr Lee will be given a chance to do that later on in the meeting along with all other citizens Denton Lee , representing the Cleveland Community Parks and Recreation Association , stated for years he has been advocating on the need for more parks and recreational opportunities in the community Mr Lee stated one of the questions in the first community meeting was how the 30,000 Downtown Development Grant awarded by the North Carolina General Assembly was spent Mr Lee explained the 30,000 grant was earmarked to provide the community with information and attempt to get approval from the Legislature in 2018 for the authority that would allow the citizens to vote on the issue of a parks and recreation taxing district He stated the entire 30,000 was sent to Johnston County and held by the Johnston County Finance Department to be used for approved reimbursable expenses that were included in the detailed grant proposal completed to get the funds from the State of North Carolina Mr Lee continued that in January 2018 , some of those funds were used for brochures and letters that were mailed to every known resident within the McLemore Fire District Mr Lee stated funds were also used to hold two educational meetings in an effort to inform the public and answer questions and some of the funds were used to purchase radio announcements notifying the public of the educational meetings Mr Lee reported over 18,000 remains of the 30,000 grant and is in trust with Johnston County which can still be used for other eligible expenses related to the proposal Mr Lee stated he has encouraged the County to use some of those remaining funds to help offset the cost of the postcard mailing that notified the citizens of the two community meetings Page632 February 25 , 2019 – 7 00 pm Continued Mr Lee stated the park map was designed over a year ago as he and others were attempting to create an example of what could be created through a parks and recreation district He noted the map was done at no cost through WithersRavenel , Inc Mr Lee reiterated that the park map was a means to help citizens understand what might happen or as an example of what could be Mr Lee clarified that geotechnical studies , stormwater plans , traffic plans , water and sewer infrastructure plans , and other detailed studies would take a significant amount of money and therefore , have not been completed at this time Mr Lee stated if the identified piece of property is to be used for a park , then there would be a lot of community input requested so citizens could then have their say as to what they would like to see Mr Lee noted that none of that is necessary if there is no way to provide funding to purchase , develop , and maintain the land Mr Lee stated the proposed park site was identified after the landowner contacted Johnston County and offered to donate 12 acres for a park Mr Lee stated he has known the landowner all his life and he also knew several developers had contacted the landowner because the property is bigger than 12 acres , in its entirety Mr Lee stated he also knew from the Parks and Recreation Master Plan done by the Johnston County Visitors Bureau in 2014 , that the Cleveland area was an ideal location for a county park Mr Lee stated once the County turned down the donation of land , he approached the landowner to see if the 12 acres plus the 70 acres across the road could be purchased if the money could be secured Mr Lee stated he asked Johnston County to purchase and hold the property but was told that no money was available and he also explored grant opportunities , but was told there were no funds available at the County to match a North Carolina Parks and Recreation Trust Fund grant Mr Lee continued that he then found four other private individuals to join him in paying a non - refundable 200,000 option fee to hold the property in the hopes that others would see the value of preserving the space Mr Lee again stated everyone had hoped to be able to vote on the proposal , but that opportunity was denied by the North Carolina Senate Mr Lee stated they will close on the property in two days and it will belong to the Cleveland Community Parks and Recreation Association and the bank He stated that he and the other four individuals are personally guaranteeing a 16 million loan and still holding out hope that the community will embrace self - funding to purchase the land He stated if there are no means to buy the land , then they will put it back on the market for sale Mr Lee stated another question he would like to address is how realistic is it to take on the task of building parks on a 4 cent tax rate when it will take years to pay for the land Mr Lee agreed that if a taxing district is established , citizens will expect to see something developed quickly He stated one idea discussed was to leverage a small portion of the annual tax proceeds to both buy the property and advance enough proceeds to begin construction He noted that in conversations with USDA - Rural Development , he has been told that the Cleveland community would likely qualify for a loan to purchase and develop the property and for a 32 million loan , the estimated annual payment would be 162,000 Mr Lee stated there would be funds left over for operating expenses Mr Lee stated with the 4 cent tax rate , he believes they can maintain a healthy operating budget and even make some improvements at the Greater Cleveland Athletic Association fields He stated with a continued source of revenue , they can also seek out matching grants to multiply the tax revenue collected Commissioner Patrick Harris stated he would like to clarify for everyone that Mr Lee came to the Board of Commissioners with the idea and after the attempt to get legislative authority for a voter referendum failed , the proposal of creating the parks and recreation taxing district then came back to the Board of Commissioners Commissioner Harris spoke on the importance of receiving feedback and input from the citizens Commissioner Harris explained that if such a taxing district were to be established , the structure would be similar to the existing fire districts He stated the fire district boards are appointed by the Board of County Commissioners and those appointed boards have to submit annual budgets to the Commissioners and are subject to audits and other financial controls by the County Commissioner Harris stated the parks and recreation tax district board would be subject to those same procedures and controls just like the fire departments so the oversight would remain with the County , if the district were created Commissioner Harris asked for citizens to come forward and share their thoughts with the Board Cindy Elsheimer , 110 Caledonia Lane , Clayton , stated based on her research , she does not understand how the proposed 4 cent tax rate can support the project Ms Elsheimer shared funding and budgeting numbers from other Parks and Recreation Departments with the Board and stated a much higher tax rate would need to be established Ms Elsheimer stated her main concern is not having the opportunity to vote on the issue Jennifer Konkol , 113 Alice Drive , Garner , stated she is not anti - park , but she is against the way the entire proposition has been put to the citizens Ms Konkol stated there should not be an urgency and if the land is under option , then the Board should go back to the General Assembly and request legislation that would allowPage633 February 25 , 2019 – 7 00 pm Continued the citizens to vote on the issue Ms Konkol also expressed concerns over precedents being set if the district is created and how the proposal could impact law enforcement resources in the County Denton Lee , III , 128 Killarney Lane , Clayton , spoke in support and stated he has heard many people talk about how his father , Denton Lee , and others have been pursuing the project for their own personal gain Mr Lee stated he would like everyone to know that without leaders who are willing to take risks for their community , there would be no beneficial ventures Mr Lee stated the decision to create the district should be based on whether or not it is a viable and necessary community enhancement He spoke on municipal tax rates , stating he does not believe the proposed tax rate is an exorbitant amount to pay and how recreation is important to all ages Mr Lee suggested if a rising tax rate is the concern , then perhaps a cap should be established to put those concerns to rest Dan Smith , 128 Victor Court , spoke in support of the district stating that while he may not agree with all the details in the proposal , the issue is about creating a district to preserve land for a local parks and recreation system He stated if a park is not built on the site , then it would just become another housing development Mr Smith shared research with the Board regarding benefits to the quality of life by having a local parks system Scott Janes , 122 Callahan Trail , Garner , stated he serves on the local Boards of Directors for the Cleveland Pop Warner Association and the Cleveland Community Parks and Recreation Association Mr Janes provided the Board with information regarding the Cleveland Pop Warner Association stating they have no infrastructure and must utilize the field at Cleveland High School Mr Janes spoke in support for creating the district , stating with the growth in the area , it brings more children that want to be involved in the recreational programs which creates a need for more facilities Phillip Honomichl , 245 Lassiter Farms Lane , Clayton , spoke in opposition to the tax district and expressed concerns that the citizens have no vote on a proposed tax Mr Honomichl stated once a tax rate is set , the citizens do not know when it will end Cindy Heafy , 63 Kasdon Drive , Garner , spoke on her concerns that there is no clear insight as to how a park system would be designed and staffed Ms Heafy also expressed concerns about the district going into debt to pay for the development as well as non - residents being allowed to use the facilities Ms Heafy stated she is not against parks , but it should be a county - wide tax and a county - wide system Mike Allen , 70 Crosby Lane , Garner , spoke in support of the proposal and the benefits of having a local parks and recreation system Mr Allen noted that additional facilities would bring in more people who shop at local merchants and would bring in money to the community Rudy Baker , 1016 Swift Creek Drive , Clayton , spoke in support stating that no one likes to pay taxes , but the community needs the parks and recreation facilities Mr Baker stated time is of the essence and the land will not always be available Mr Baker encouraged a countywide recreation bond and a countywide parks and recreation department Jack Baldwin , 267 Dory Lane , Clayton , spoke in opposition Mr Baldwin stated he is a certified parks and recreational professional and has worked full time in that industry for the past 20 years Mr Baldwin stated he knows what parks and recreation can do for people , but the proposal cannot be done on a 4 cent tax rate Mr Baldwin spoke on all that is required to build a parks system and the amount of time it takes to get things done , stating there are many more costs to consider than just building a park Mr Baldwin suggested the Board look at a countywide parks and recreation system Lynn Johnson , 691 Balmoral Street , Clayton , spoke in opposition stating up until this meeting , there has been an alarming lack of information available Ms Johnson stated she opposes the district because the citizens , as taxpayers , should have a say Ms Johnson asked the Board to allow the citizens to make the decision Cheryl Champion , 46 Eton Court , Clayton , stated she is the director of the volleyball program for the Greater Cleveland Athletic Association and serves on the Johnston County Sports Council Ms Champion spoke in support , stating the Cleveland area is growing every day and the current program cannot accommodate any more children Ms Champion spoke on how many children are impacted each year through a recreational program and stated she is sorry for those that are turned away Cindy Lecher , 156 Barringer Drive , Garner , spoke in support stating she is very passionate about open spaces and parks and recreation Ms Lecher stated she would much rather see farmland taken up with parks than housing developments Ms Lecher stated she would not be affected by the tax , but that parks are very important Page634 February 25 , 2019 – 7 00 pm Continued Greg Hovey , 2020 Southfort Drive , Garner , expressed his concerns that it seems as though sports are the main focus Mr Hovey stated there is no mention of anything being made available for children who are musicians and artists Paul Pasquarelli , 280 Norris Road , Clayton , stated parks and recreation are luxury items and he believes the issue should be put on the ballot for the citizens to vote on Mr Pasquarelli also expressed concerns with using the fire district boundaries as the same boundary lines for a parks and recreation district Chris Danehower , 774 Winding Oak Way , Clayton , stated parks and recreational facilities are not luxuries , but something that the community must have Mr Danehower stated everyone must invest in the future of their community and he reminded everyone that in addition to the children , older adults also need recreational facilities Alyssa Hellman , 691 Balmoral Street , Clayton , stated she cannot support taxation without representation Ms Hellman stated many questions still have not been answered and she finds the lack of answers concerning Ms Hellman stated the citizens deserve a chance to vote on the issue and she asked the Board to send it back to the General Assembly Pat and Loretta Ellis , 90 Lars Lane , Garner , spoke in support stating they are senior citizens living on a fixed income ; however , they are 100 in favor of the park proposal Randy Hodges , 492 Kintyre Drive , Clayton , spoke on his involvement in the Greater Cleveland Athletic Association as well as on his support for district Mr Hodges noted that in other areas of the County , just the fire tax rate alone is more than what the McLemore residents would be paying for the current fire district tax and the proposed 4 cent parks and recreation tax district combined Mr Hodges stated parks and recreation opportunities are a necessity for the community Randy Tice , 300 Bradford Place , Clayton , stated he is not against parks and recreation ; however , he expressed concerns that the proposed tax rate will not cover the current proposal Mr Tice stated there have been no answers to his questions and he cannot support a tax with no answers Kirsten Messmer , 7105 Kasey Dee Circle , Garner , expressed concerns as to how the tax money would be spent and the lack of information available She stated until there is a direct plan available , she cannot support the proposal Joseph and Donna McMahon , 176 Breland Drive , Clayton , spoke in opposition and expressed concerns that the citizens cannot vote on the issue Mr McMahon stated one reason people move to the Cleveland area is the low taxes and they do not want to be overtaxed David Herpy , 104 Willow Oak Trail , Clayton , spoke on the benefits of having more parks and recreational facilities and stated the time to act is now Mr Herpy stated studies have shown that having more parks and recreational facilities provide more positive economic impacts for their communities Mr Herpy also spoke on his involvement with youth programs and the limited amount of space there is available in the current Greater Cleveland Athletic Association programs Brian Carter , 608 Summerwind Plantation Drive , Garner , spoke in support and stated it would be nice to have a local park for his family to enjoy and for his children to have somewhere local to make new friendships Brian Pendell , 63 Clarence Lane , Garner , spoke with concerns that the 4 cent tax rate will not pay for the proposal , stating it is a “ teaser rate ” and he would like to see a better plan Annice Broadwell , 10 Annandale Drive , Clayton , stated she has lived in the area since 1975 and she spoke on the growth in the area since that time Ms Broadwell further spoke on the lack of amenities in the community and stated the proposal is an urgent need A citizen asked for more information regarding the County’s open space funds Commissioner Harris thanked all those for speaking and stated all the opinions are important to the Board of Commissioners and he feels the community meetings have been beneficial PagePage pageNumber5635 February 25 , 2019 – 7 00 pm Continued Chairman Godwin stated every member of the Board is passionate about Johnston County Chairman Godwin called on County Manager Rick Hester to report on the open space funds County Manager Rick Hester explained that developers have the option of setting aside acreage for open space or paying a fee in lieu equal to 400 per lot when they develop a subdivision He noted that most developers choose to put money in the open space fund and pursuant to General Statutes , those funds must be distributed back within the general area in which they were collected Mr Hester reported a distribution was made in 2014 and he spoke on how some of those funds were utilized in the Cleveland community Mr Hester stated he is currently working on a recommendation for the Board to consider in March for another distribution Chairman Godwin thanked everyone for coming to the meetings There being no further business , the meeting was adjourned at 9 00 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage