TOWN OF SELMA

REGULAR COUNCIL MEETING

APRIL 9, 2013

PRESENT: Mayor Cheryl Oliver, Mayor Pro-tem Jackie Lacy, Councilmembers Debbie Johnson, Eric

Sellers and Tommy Holmes, Town Attorney Alan “Chip” Hewett, Town Manager Richard

Douglas, and Town Clerk Claudia Greenfield. CONVOCATION: Mayor Cheryl Oliver called the meeting to order at 6:30 p.m. in the Selma Jernigan Building

and declared a quorum present.

Rick Stewart, owner of the Selma News, offered the invocation. PLEDGE TO FLAG: Mayor Pro-tem Jackie Lacy led in the pledge of allegiance to the flag. RECOGNITIONS/

PRESENTATIONS –

Oak Tree Industrial Site –

Certified Industrial Site by the

N.C. Department of

Commerce:

Town Manager Douglas stated that staff along with consultant Rocky Lane of Sanford

Holshouser Group worked on the recertification and enlargement of the Oak Tree Industrial

site. Mr. Douglas introduced both Rocky Lane and Planning Director Simons.

Mr. Simons stated that on March 1st, the Town was notified that the Oak Tree Industrial Site

had been recertified by the North Carolina Department of Commerce. He said this

recognition means that the site meets 32 criteria established by the Department, and is a

property ready for immediate industrial development. Mr. Simons stated that with the

cooperation of several more property owners, the site has been increased in area from

approximately 36 acres to over 100 buildable acres.

Mr. Simons stated that with highway frontage along U.S. Highway 70, being located near

several currently developed industrial properties, and being located at the CSX and Norfolk

Southern rail crossings make the Oak Tree site an attractive complement to the Selma

Crossings certified site.

Rocky Lane of Sanford Holshouser Group presented the certification from the North Carolina

Department of Commerce.

Mayor Oliver thanked Mr. Lane and staff for their work on this project.

SONA BLW Precision Forge

Fire Recovery Recognition: Mayor Oliver read and presented the following certificate of appreciation to SONA Precision

Forge for their efforts during the recent fire recovery. She said that SONA designs and

manufactures beveled gears for vehicles; therefore, Ford and Chrysler rely heavily on this

facility. Mayor Oliver stated that from fire to restart of manufacturing, all employees were

kept on staff. Mayor Oliver read the following Certificate of Appreciation for SONA BLW

Precision Forge.

Certificate of Appreciation

Presented to

SONA BLW Precision Forge

The Town of Selma applauds the steadfast commitment that the SONA Management Team showed

to employees during the fire recovery period at the Selma Facility.

You are to be commended for quickly developing and implementing an operational recovery plan and

for ensuring all employees continued to be compensated during the recovery period. We are proud to

have SONA BLW Precision Forge in Selma.

Johnston County Commissioner Ted Godwin read a letter that is being sent to SONA from the

Johnston County Economic Development office.

Town of Selma RP3

Designation; Electric Director

Donald Baker:

Town Manager Douglas stated that Electric Director Donald Baker would present the Town of

Selma’s Reliable Public Power (RP3) award, which covers the period of May 2013 to April

2015. He said that Mr. Baker and the Electric Department staff spent a considerable amount

MINUTES – April 9, 2013

PAGE 2

of time preparing the application and reviewing all aspects of the electric operations. Mr.

Douglas stated that the RP3 designation recognizes proficiency in utility reliability, safety,

workforce development, and system improvement.

Mr. Baker stated that RP3 is a designation that recognizes the Department’s service reliability.

He said this designation is also a reflection on all Town staff. Mr. Baker stated that safety,

maintenance, education, financing and planning goes into this recognition. He said that the

department would be reevaluated every two years.

Mr. Douglas stated that the Electric Department would soon begin disaster preparation for the

2015 application. He said that less than 10% of all public power communities in the country

have this designation.

Proclamation Declaring Older

Americans’ Month: Mayor Oliver read the following proclamation declaring May 2013 as “Older Americans’

Month” and May 10, 2013 as “Senior Citizens’ Day” in the Town of Selma.

PROCLAMATION

OLDER AMERICANS’ MONTH

WHEREAS, Older Americans’ month is observed nationally each May to celebrate the

accomplishments of our older citizens and to express our gratitude for the contributions they have made,

and continue to make; and

WHEREAS, Selma is a community in which approximately 30% of our citizens are age 60 or older

make their home; and

WHEREAS, our older citizens are the foundation of their families, the cornerstones of our community

and valuable members of our society; and

WHEREAS, our older citizens of today promise to be among the most active and engaged older adult

populations in our Nation’s history by staying active in the workforce and giving their time and talents

through volunteerism; and

WHEREAS, our older citizens play an important, compassionate role in all walks of life from teaching

young children how to read, to helping provide relief to those affected by natural disasters; and

WHEREAS, our older citizens provide timeless lessons of courage, sacrifice, and love, and by sharing

their wisdom and experience, serve as role models for future generations.

NOW THEREFORE, I, Mayor Cheryl L. Oliver and the Selma Town Council do hereby proclaim

May 2012 to be “Older Americans’ Month” and declare May 10, 2013 as “Senior Citizens’ Day” in the

Town of Selma. I urge every citizen to join in this observance by recognizing the vital resource of our

older citizens provide to us as individuals and to our community.

Duly Adopted this 9th day of May 2013.

Mayor Oliver read a letter of appreciation from Johnston County Senior Services Director Neal Davis. Other Recognitions: Mayor Oliver stated that on Sunday, April 7

th, Selma Presbyterian Church located at 306

North Pollock Street celebrated their 100th

anniversary. She said that a letter was sent to Rev.

Sexton honoring this special event. Mayor Oliver also recognized Rose Pittman, owner of Hula Girl, for receiving the Smithfield-

Selma Chamber of Commerce Visual Improvement Award. Mayor Oliver thanked Planning Director Ryan Simons for his service to the Town of Selma.

She said that he will be leaving the Town at the end of this month to become the President of

the Wilson Chamber of Commerce.

RECESS: Mayor Oliver called for a brief recess. 6:55 p.m.

MINUTES – April 9, 2013

PAGE 3

The meeting reconvened at 6:58 p.m.

CONSENT AGENDA:

The following items were presented on the consent agenda:

Minutes

Regular Meeting, March 12, 2013

Special Meeting, March 21, 2013 Financial Reports VC3 Telephone Agreement Resolution to Protect the Parks & Recreation Trust Fund (PARTF)

A RESOLUTION TO MAINTAIN AND SUPPORT

THE CURRENT INTEGRITY AND FUNDING

FOR THE PARKS AND RECREATION TRUST FUND (PARTF)

WHEREAS, North Carolina is known for its unique and scenic natural resources and opportunities for

recreation with a long tradition of its citizens and visitors enjoying parks, mountains, rivers, greenways,

beaches and more. Generations of residents and visitors have delighted in these landscapes and park

facilities; and

WHEREAS, the Parks and Recreation Trust Fund (PARTF) was established with bi-partisan support

on July 16, 1994 to fund improvements in the state's park system, to fund grants for local governments

and to increase the public's access to the state's beaches and coastal waterways; and

WHEREAS, since its inception The Parks and Recreation Trust Fund has provided $161 million via

722 grants to 370 local governments in 99 counties and has been matched with $312 million of local and

private dollars for the purchase of local park land, building and renovation of facilities and development

of greenways and trails; and

WHEREAS, North Carolina’s population has grown to make it the 10th most populous state in the

nation with projections for the significant growth to continue in the coming decades, and more state and

local parks are needed to meet the increased demands; and

WHEREAS, parks are identified as key contributors to North Carolina’s tourism industry that

generates nearly $20 billion in annual economic impact; and

WHEREAS, parks in North Carolina are experiencing record visitation levels including over 14.25

million to state parks in both 2011 and 2012; and

WHEREAS, the Parks & Recreation Trust Fund has leveraged funds that allowed our State to acquire

land for state parks and state natural areas and protected nearly 83,000 acres and made major additions

to the Mountains-to-Sea State Trail; and

WHEREAS, the Parks & Recreation Trust Fund has funded capital improvement projects in the state

parks such as visitor centers and exhibit halls which provide tremendous opportunities to educate

students and all citizens about North Carolina’s outstanding natural resources, and other capital projects

including campgrounds, picnic areas, boating facilities, trails and swimming beaches; and local capital

projects including construction of community centers, athletic fields and greenways; and

WHEREAS, the annual economic impact to local economies of all tourists visiting the state parks

system was estimated at more than $400 million in sales and income, as well as nearly 5,000 jobs

according to a 2008 study.

WHEREAS, a portion of The Parks & Recreation Trust Fund is designated for the Public Beach and

Coastal Waterfront Access Program to improve access to beaches and coastal waterways by funding

public boat ramps and public beaches accesses; and

WHEREAS, access to parks, recreation facilities and open space provides cost-effective opportunities

for citizens of all ages to participate in health and wellness activities thereby reducing costs associated

with obesity, heart disease, diabetes and high blood pressure; and

MINUTES – April 9, 2013

PAGE 4

WHEREAS, research has documented that structured park and recreational opportunities in local

communities can prevent crime and provide positive activities and directions for young people; and

WHEREAS, dedicated, recurring funding of the Parks & Recreation Trust Fund allows for structured

and objective planning and efficient management of the system at both the state and local levels for

today and future generations; and

WHEREAS, the success of The Parks and Recreation Trust Fund is due to the dedicated funding

source provided by a portion of the deed stamp tax, and is recognized nationally as a model for

efficiency and accountability; and

NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Cheryl L. Oliver and the Selma Town

Council do hereby call on the members of the General Assembly to maintain dedicated revenues

generated by seventy-five cents of the deed stamp tax for The Parks and Recreation Trust Fund.

The Clerk is directed to send a copy of this resolution to each of the members of the General Assembly

representing the people of the Town of Selma and the North Carolina Recreation and Park Association.

Duly Adopted This 9th Day of April 2013. Johnston County Fire Contract A motion was made by Mayor Pro-tem Jackie Lacy and seconded by Councilmember Eric

Sellers to approve the consent agenda as presented. Motion carried. PUBLIC HEARINGS/

APPEALS –

Public Hearing on Special Use

Permit Application –

Residential Business, 1533

Pine Level-Selma Rd., William

McClung:

Planning Director Simons stated that this evidentiary public hearing has been scheduled to

consider a request by William H. McClung to operate a resident business under the provisions

of the R20 residential/agricultural zoning district by right of special use as defined in the

Selma Town Code.

Mr. Simons stated that the application would apply to the property located at 1533 Pine Level-

Selma Road in the Selma ETJ, adjacent to the Pine Level ETJ. He said Mr. McClung intends

to construct a 15,000 sq. ft. warehouse to store electrical and plumbing equipment, and would

serve as a home base of operations for Mr. McClung’s contracting business, which is

currently located on West Oak Street.

Mr. Simons stated that by ordinance, no Special Use Permit shall be approved by the Town

Council without a public hearing and sufficient evidence that several criteria have been

fulfilled. He said that at the conclusion of the public hearing, Council could make a motion to

approve or deny the Special Use Permit.

Town Attorney Chip Hewett administered the oath to the following: Charles Hester, William

McClung, Tom Humphrey, and Ryan Simons.

A motion was made by Councilmember Debbie Johnson and seconded by Mayor Pro-tem

Jackie Lacy to open the quasi-judicial hearing to receive citizen comments on the proposed

Special Use Permit application of William McClung to construct a 15,000 sq. ft. warehouse at

1533 Pine Level-Selma Road. Motion carried. 7:01p.m.

Mr. Simons reviewed the List of Conditions that the applicant is to be held to on this special

use permit. He said that one condition that needed to be added was that the existing

vegetative buffers remain.

Mr. McClung of 1533 Pine Level-Selma Road stated that he has been in business nearly 30

years in Selma. He said that he is currently renting three buildings – two in Smithfield and

one in Selma. Mr. McClung stated that he has outgrown the space he has. He said that no

tractor trailers, other those bring building in materials, would be going in and out of the

facility. Mr. McClung stated that no trees would be cut down, and no lights would be shining

on any houses. He said the building would be 500 foot away from houses.

MINUTES – April 9, 2013

PAGE 5

Attorney Hewett asked Mr. McClung if there were any conditions that he could not comply

with.

Mr. McClung stated the only concern he had was the dust free drive. He said that his plans

were to install a stone driveway.

Mr. Charles Hester of 409 East Griswold Street stated that he has known Mr. McClung for

over 30 years. He said that is a very technical business that involves plumbing, electric, and

some HVAC. Mr. Hester stated that where he wants to move is property that he owns. Mr.

Hester stated that he will not be a problem to that area. He said that Mr. McClung is used to

living with regulations because electrical and plumbing work requires regulations. Mr. Hester

stated that as a citizen of Selma, he supports what Mr. McClung wants to do on his own

property.

Mr. Tom Humphrey of 1481 Pine Level-Selma Road stated that his property is directly in

front of Mr. McClung’s property. He said that all the properties in this area is zoned

residential and agriculture. Mr. Humphrey stated that the property was probably zoned that

way when Mr. McClung purchased his property. He said that there were two residents in

close proximity to this major business. Mr. Humphrey stated that he was speaking tonight to

oppose any rezoning or special use variation that would allow any major business to be

located in this area. He said that he was concerned that the peace and quiet of their

neighborhood would be changed forever. Mr. Humphrey stated that he has worked in this

type of business, and it was hard to believe that they are going to have a 15,000 sq. ft.

warehouse with no tractor-trailers delivering equipment. He said that he was also concerned

that this will set a precedent to encourage other businesses to locate in this area, which again

is not zoned for business. Mr. Humphrey stated that this was one of the few areas in Johnston

County that does not have County water or sewer. Mr. Humphrey thanked Council for

allowing him to speak and be heard.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember

Tommy Holmes to close the public hearing. Motion carried. 7:12 p.m.

Mr. Simons stated that the dust-free surface does not necessarily mean an impervious surface

such as asphalt or concrete. He said that there were aggregate surfaces such as crush and run

that were considered dust free.

Mr. Simons requested Council’s input on the following criteria and presented the staff and the

Planning Board’s findings.

1. All applicable specific conditions pertaining to the proposed use have been or will be satisfied.

Staff and the Planning Board find that this criterion has been met. No specific conditions apply to

the proposed land use.

A motion was made by Councilmember Debbie Johnson and seconded by Mayor Pro-tem Jackie

Lacy to accept that this criterion has been met. Motion carried unanimously.

2. Access roads or entrance and exit drives are or will be sufficient in size and properly located to

ensure automotive and pedestrian safety and convenience, traffic flow, and control and access

in case of fire or other emergency. Staff and the Planning Board find that this criterion has been

met. A separate drive aisle will be provided for employees of the facility. No bulk deliveries or

customers will visit the site.

A motion was made by Councilmember Eric Sellers and seconded by Mayor Pro-tem Jackie Lacy to

accept that this criterion has been met. Motion carried unanimously.

3. All necessary public and private facilities and services will be adequate to handle the proposed

use. Staff and the Planning Board find that this criterion has been met. The property is

approximately 20 acres, and large enough to accommodate a proposed 15,000 sq. ft. warehouse

building.

MINUTES – April 9, 2013

PAGE 6

A motion was made by Councilmember Eric Sellers and seconded by Councilmember Debbie

Johnson to accept that this criterion has been met. Motion carried unanimously.

4. The location and arrangement of the use of the site, screening, buffering, landscaping, and

pedestrian ways will not impair the integrity or character of adjoining properties and the

general area and minimize adverse impacts to public health, safety, and general welfare. Staff

and the Planning Board find that this criterion has been met. There will be no exterior storage of

materials, and employee parking will be at the rear of the building. The existing vegetative screening

surrounding the site will not be disturbed. All site lighting must be shielded so as to not disturb or

shine onto adjacent property.

A motion was made by Mayor Pro-tem Jackie Lacy and seconded by Councilmember Tommy

Holmes to accept that this criterion has been met. Motion carried unanimously.

5. The use or development conforms with general plans for the physical development of the

town’s planning jurisdiction as embodied in this chapter, the town’s land use plan, or other

development policies as adopted by the Town Council. Staff and the Planning Board find that this

criterion has been met. The 2009 Selma Land Use Plan makes no mention of resident businesses or

contractor facilities.

A motion was made by Councilmember Eric Sellers and seconded by Councilmember Debbie

Johnson to accept that this criterion has been met. Motion carried unanimously.

A motion was made by Mayor Pro-tem Jackie Lacy and seconded by Councilmember Eric

Sellers to approve the special use permit application of William McClung to allow a resident

business at 1533 Pine Level-Selma Road with the addition that the existing vegetative buffer

not be removed from the property. Motion carried.

TOWN OF SELMA, NC

SPECIAL USE PERMIT

Resident Business

William H. McClung - APPLICANT

Town of Selma Zoning Ordinance

§17-67(a); 17-122

ON April 9, 2013, the Selma Town Council considered the application of the Petitioner above named,

which application is on file with the Town of Selma Planning Department, and the Council finds as

follows:

1. That the written application of the Petitioner with attachments has been duly submitted to the

Selma Town Council as required by §17-122 of the Town of Selma Zoning Ordinance

(hereinafter referred to as “Code”);

2. That the application substantially complies with the requirements of the Code in that it

requests uses permitted by a Special Use Permit under the Code, including day care facilities;

3. That the Petitioner owns or is pursuing ownership or leases property situated in the R20 zoning

district at 1533 Pine Level-Selma Rd., and identified on the Johnston County Tax Maps by

Tag: 12052005E. The Petitioner requests a Special Use Permit to establish a resident

business;

4. That the Selma Town Council is empowered under sections of the Code, set out above to grant

such uses as allowed, provided that it will not adversely affect the public interest;

5. That the hereinafter described special use is deemed to be reasonable and is not in degradation

of the intent of the ordinance.

NOW, THEREFORE, in accord with the provisions of the Code, the following special use is granted to

the Applicant to establish a resident business on the premises described in Paragraph 3, Page 1, subject

to the following:

CONDITIONS:

MINUTES – April 9, 2013

PAGE 7

1. That the Petitioner, William H. McClung is granted a Special Use Permit for a resident

business;

2. That the Petitioner is permitted to construct one (1) 15,000 square foot warehouse facility, not

to exceed 40 ft. in height;

3. That any materials associated with the resident business must be stored indoors, with the

exception of vehicles;

4. That all business vehicles must be parked behind the structure to be fully obstructed from

occupied residential structures;

5. That any on-site lighting is shielded from glaring onto adjacent properties;

6. That the warehouse facility will be accessed by a separate drive aisle, improved with a dust

free surface;

7. That the existing vegetative buffer will remain, and no trees or shrubs will be disturbed to

accommodate the facility;

8. That no bulk deliveries associated with the business are permitted;

9. That no signage associated with the business is permitted;

10. That the Special Use Permit is non-transferable to other occupants or owners;

11. That a Planning Department official shall be allowed to inspect the facility periodically for

compliance with all permit conditions and applicable zoning regulations. A violation of the

permit shall be a violation of the Code, and will result in revocation of the permit;

12. That any structural improvements or alterations which may be required shall be done in

accordance with the North Carolina State Building Code as directed and interpreted by the

Building Inspector. This Special Use Permit is NOT a building permit, which must be

acquired under separate application, if such permit is necessary;

13. That if at any time the land use constitutes an unnecessary burden or hardship on town

resources, including police or fire protection, that this permit shall be summarily revoked;

14. That the issuance of this Special Use Permit shall not alter, amend, or otherwise affect legally

binding restrictive covenants which may apply to the property;

15. That it is understood all other terms and provisions of the Code shall remain in full force and

affect except as herein specifically permitted otherwise;

16. That the petitioner shall accept these terms as indicated by appropriate signature appearing

below before this permit shall be effective.

APPROVED THIS 9TH DAY OF APRIL, 2013. OPEN FORUM/CITIZENS’

REQUESTS:

Charles Hester, 409 E.

Griswold Street – Town Hall

Renovations:

Mr. Charles Hester of 409 East Griswold Street stated that William McClung was one of three

electrical contractors in Selma.

Mr. Hester stated that 300 South Sharpe Street is a group home that was built in 1984 as a

certified Willie M. Home; first of its kind built in North Carolina. Ms. Smith, who will be

opening this home soon, already has a group home in the Clayton area.

Mr. Hester stated that Ryan Simons is a man of character, intelligence, and conviction. Mr.

Hester thanked Mr. Simons for his enormous list of accomplishments for the Town of Selma.

Mr. Hester stated that he was proud of the opening of the new Wendy’s Restaurant. He said

that it was important to mention that other things on that same road are going to happen. Mr.

Hester stated that there are four new buildings in that area, which make Exit 97 a special

MINUTES – April 9, 2013

PAGE 8

place.

Mr. Hester asked Council to reconsider closing Preston Street at the Bailey Feed Mill. He

said that another major building is going in that area. He said that area has become a major

rail center.

Mr. Hester stated that he wanted to praise First Citizens Bank for Business After Hours event.

He said that they have been in Selma for over 40 years.

Mr. Hester stated that he had a house of Lizzie Street that needed upgrading, and the costs

amounted to $30,000. He said that he had two other houses that needed upgrading, but chose

to tear them down. Mr. Hester stated that it was hard to take an older building and make it

functional. He said that the Town needed a building that has an office for all the department

heads to conduct business. Mr. Hester asked Council to rethink building a new Town Hall on

East Anderson Street. He said that he would like to see the Electric and Public Works

Departments moved to a new building. Mr. Hester stated that Town Manager Douglas was an

expert at finding funds. He asked Council to make Town Hall into a classy place.

Mr. Hester thanked Council for giving him the opportunity to speak.

Kenneth Stancil, 801 S.

Raiford Street – Extension for

tearing down barn:

Kenneth Stancil of 801 South Raiford Street stated that he has lived in the Town of Selma for

30 years. He said that at 805 South Webb Street, there is a small cul-de-sac where he parks

his trucks and tractor. Mr. Stancil stated that he has a 13 x 16 barn that is also located on this

lot. He asked Council for an extension of time so that he could tear down the barn. Mr.

Stancil stated that the weather has been bad lately and has not been able to remove it. He said

that the lot has been cleaned up. He said that the lot is closed in by old Progress Energy

building and railroad tracks.

Mr. Simons stated there was a large pile of debris on the property from a house fire. The

property owner contacted Mr. Stancil to clean up the debris; therefore, the Town and Mr.

Stancil entered into an agreement that would allow him to maintain a barn to store his

equipment in while he was cleaning up the lot. Mr. Simons stated that in order to have an

accessory structure you must have a primary structure. He also said that they could not allow

multiple structures on a single lot. Mr. Simons stated that Mr. Stancil has been very

cooperative, but recommended that the other structures be torn down.

A motion was made by Councilmember Tommy Holmes and seconded by Mayor Pro-tem

Jackie Lacy to give Mr. Kenneth Stancil 30 days to get the additional structures located at 805

South Webb Street removed from the property. Motion carried. PLANNING/ZONING ITEMS –

Group Home at 300 S. Sharpe

Street, Mia Smith:

Planning Director Simons stated that last month an evidentiary public hearing was held to

consider a request by Mia Smith to operate a group care home under the provisions of the R10

residential zoning district by right of special use as defined in the Selma Town Code.

Mr. Simons stated the application applies to the property located at 300 South Sharpe Street.

He said the R10 zoning district provides for most forms of residential care facilities according

to criteria set forth in §17-122. Mr. Simons presented a copy of the special use permit

application and explained the land use activity. He said the application would apply to a

building constructed for the purpose of being used as a group home, and has been used as

such as recently as 2011.

Mia Smith of 118 Old Yogi Lane, Clayton, stated that she wanted to open a residential center

for adults who suffer from mental, physical, or medical illnesses. She said that she and her

staff would provide 24-hour care. Ms. Smith stated that there would not be any safety issues

because residents would be monitored continuously. She said that she operates a similar

facility, Country Wood Family Care in Clayton. Ms. Smith stated that at the facility in

Clayton, she has five residents; the Selma facility will house six residents.

MINUTES – April 9, 2013

PAGE 9

Mr. Simons stated that by ordinance, no special use permit should be approved by the Town

Council without sufficient evidence that several criteria have been fulfilled. Mr. Simons

reviewed the following criteria.

1. All applicable specific conditions pertaining to the proposed use have been or will be satisfied.

The Planning Board and staff find that this criterion has been met. All supplementary licenses and

certifications issued by the state of North Carolina must be submitted to the Town no later than 90

days after approval of the special use permit.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember Eric

Sellers to accept that this criterion has been met. Motion carried unanimously.

2. Access roads or entrance and exit drives are or will be sufficient in size and properly located to

ensure automotive and pedestrian safety and convenience, traffic flow, and control and access

in case of fire or other emergency. The Planning Board and staff find that this criterion has been

met. The facility was constructed to be used as a group home.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember Tommy

Holmes to accept that this criterion has been met. Motion carried unanimously.

3. All necessary public and private facilities and services will be adequate to handle the proposed

use. The Planning Board and staff find that this criterion has been met. This property was used as a

group home as recently as 2011 and passed all necessary inspections at that time. The applicant

understands that fire and compliance inspections will still apply before utility service will be

supplied.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember Eric

Sellers to accept that this criterion has been met. Motion carried unanimously.

4. The location and arrangement of the use on the site, screening, buffering, landscaping, and

pedestrian ways will not impair the integrity or character of adjoining properties and the

general area and minimize adverse impacts to public health, safety, and general welfare. The

Planning Board and staff find that this criterion has been met. While the facility was constructed to

be used as a group home, the building does not contrast architecturally with surrounding residential

structures or nearby public housing apartments.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember Eric

Sellers to accept that this criterion has been met. Motion carried unanimously.

5. The use or development conforms with general plans for the physical development of the

town’s planning jurisdiction as embodied in this chapter, the town’s land use plan, or other

development policies as adopted by the Town Council. The Planning Board and staff find that

this criterion has been met. The 2009 Selma Land Use Plan makes no mention of group home

facilities.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember Eric

Sellers to accept that this criterion has been met. Motion carried unanimously.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember

Tommy Holmes to approve the special use permit request to allow Mia Smith to operate a

group care home at 300 South Sharpe Street and to issue the following special use permit.

Motion carried.

TOWN OF SELMA, NC

SPECIAL USE PERMIT

Group Care Facility

Mia Smith – Applicant

Town of Selma Zoning Ordinance

§17-67(e); 17-122

On March 12, 2013, the Selma Town Council considered the application of the Petitioner above named,

which application is on file with the Town of Selma Planning Department, and the Council finds as

follows:

MINUTES – April 9, 2013

PAGE 10

1. That the written application of the Petitioner with attachments has been duly submitted to the Selma

Town Council as required by §17-122 of the Town of Selma Zoning Ordinance (hereinafter

referred to as “Code”);

2. That the application substantially complies with the requirements of the Code in that it requests

uses permitted by a Special Use Permit under the Code, including day care facilities;

3. That the Petitioner owns or is pursuing ownership or leases property situated in the R10 zoning

district at 300 S. Sharpe St., and identified on the Johnston County Tax Maps by Tag: 14033043.

The Petitioner requests a Special Use Permit to establish a group care facility;

4. That the Selma Town Council is empowered under section of the Code, set out above to grant such

uses as allowed, provided that it will not adversely affect the public interest;

5. That the hereinafter described special use is deemed to be reasonable and is not in degradation of

the intent of the ordinance.

NOW, THEREFORE, in accord with the provisions of the Code, the following special use is granted to

the Applicant to establish a group care facility on the premises described in Paragraph 3, Page 1, subject

to the following:

CONDITIONS:

1. That the Petitioner, Mia Smith, is granted a Special Use Permit for a group care facility;

2. That the Petitioner is granted 90 days from authorization dated of Special Use Permit to submit to

the Town of Selma Planning Department all supplementary permits, registrations and/or licenses,

or a statement attesting that no such permits are required. Failure to deliver and maintain necessary

supplemental permits, registrations, licenses and/or statements on or before June 12, 2013 shall

render the Special Use Permit null and void;

3. That the Special Use Permit is non-transferable to other occupants or owners;

4. That a Planning Department official shall be allowed to inspect the facility periodically for

compliance with all permit conditions and applicable zoning regulations. A violation of the permit

shall be a violation of the Code, and will result in revocation of the permit;

5. That any structural improvements or alterations which may be required shall be done in accordance

with the North Carolina State Building Code as directed and interpreted by the Building Inspector.

This Special Use Permit is NOT a building permit, which must be acquired under separate

application, if such permit is necessary.

6. That there will be no more than seven occupants of the facility, including one resident staff person,

at any given time;

7. That if at any time the land use constitutes an unnecessary burden or hardship on Town resources,

including police or fire protection that this permit shall be summarily revoked;

8. That the issuance of this Special Use Permit shall not alter, amend, or otherwise affect legally

binding restrictive covenants which may apply to the property;

9. That it is understood all other terms and provisions of the Code shall remain in full force and affect

except as herein specifically permitted otherwise;

10. That the Petitioner shall accept these terms as indicated by appropriate signature appearing below

before this permit shall be effective.

APPROVED THIS 12TH DAY OF MARCH 2013.

Request for Public Hearing –

Text Amendment Section 17-

353, Non-Conforming Uses:

Planning Director Simons stated that there are currently several historic structures in our

registered historic districts (mostly churches) which used to be, or are currently being used for

nonconforming purposes. These structures, if unused for an extended period of time or

damaged beyond 50% of their value may not be reused for their intended purpose. This

regulation runs counter to historic preservation efforts, and greatly limits the redevelopment

potential of some of these properties.

Mr. Simons recommended that the nonconformity regulations of the Town Code be revised to

allow properties to be perpetually used for their intended purpose as a special use if located

within a historic district on the National Register administered by the U.S. Park Service. He

said that if they are left untended or damaged beyond 50% of their value, they could only be

rebuilt and reused to their original extent, also subject to the provisions of a special use

permit, which could require that properties maintain historical architectural elements and

features.

Mr. Simons stated that on March 25, 2013, the Planning Board unanimously found that the

MINUTES – April 9, 2013

PAGE 11

proposed amendment is consistent with the Selma Land Use Plan, and recommended that it be

adopted as drafted by staff. He said amendments to the Development Code could only be

adopted after a public hearing has been held.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember

Eric Sellers to proceed with the staff recommendation that a public hearing be scheduled to

coincide with the May Town Council meeting to consider amending Sec. 17-353 of the

Development Code to allow for the perpetual reuse of nonconforming historic properties

located within a recognized historic district. Motion carried.

Request for Public Hearing –

Text Amendment Section 17-

285, Exempt (Political) Signs:

Planning Director Simons stated that prior to a recent Council work session on the issue, staff

investigated the differences between town and county ordinances relating to exempt political

signs, and the times those signs can be displayed in advance of an election. He said exempt

political signs are those signs advocating for a political cause or candidate, which do not

require a sign permit. Mr. Simons stated that the Town allows these signs to be displayed 30

days in advance of an election, while the county allows them to be displayed 60 days in

advance. He said these conflicting regulations have led to confusion in the past, which could

result in burdensome enforcement activity.

Mr. Simons stated that in order to avoid this in the future, staff is recommending that the town

ordinance be amended to allow exempt political signs to be displayed within 60 days of an

election, as allowed by county ordinance. He recommended that all other sign regulations

remain unchanged.

Mr. Simons stated that in February, the Planning Board asked staff to investigate how other

communities regulate political signs. He said that despite similarities between Selma,

Smithfield, and Clayton, the Planning Board ultimately found that the proposed amendment to

lengthen the display period would remain consistent with the Selma Land Use Plan, and

recommended that it be adopted as drafted by staff. Mr. Simons stated that amendments to

the Development Code can only be adopted after a public hearing has been held.

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember

Eric Sellers to proceed with the staff recommendation that a public hearing be scheduled to

coincide with the May Town Council meeting to consider amending Sec. 17-285 of the

Development Code to allow exempt political signs to be displayed within 60 days of an

election. Motion carried.

TOWN MANAGER’S REPORT-

CDBG Architectural Services

Recommendation:

Town Manager Douglas stated that the next step in our CDBG project to renovate the

Harrison Middle Building for use as a senior center is to select an architect. He said that staff

has advertised for architectural services per CDBG guidelines and received proposals from the

following firms: 1) The Wooten Company; 2) Maurer Architecture; 3) Hite Associates; and 4)

Dunn & Dalton Architects. Mr. Douglas stated that the Harrison Middle Building Committee

and CSS representatives met on April 3rd

to hear presentations from each of these firms.

Town Manager Douglas stated that after hearing presentations from each company, the

Harrison Middle Building Committee recommended Hite Associates as the architect. He said

that he ranked Maurer Architecture in first place, while the Planning Director ranked the

Wooten Company in first place. Mr. Douglas reminded Council that Hite Associates did the

preliminary work for Town Hall. He said that any architect selected would be capped at

$26,000 for architectural fees as specified by the CDBG grant.

Councilmember Johnson asked why he did not rank Hite Associates.

Mr. Douglas stated that he liked Maurer because they were directly involved in developing the

State rehabilitation code, which he believes would come into play with this project because of

the historical significance of the building. He said that Hite Associates has engineers and

other support professionals on staff.

MINUTES – April 9, 2013

PAGE 12

A motion was made by Councilmember Debbie Johnson and seconded by Councilmember

Tommy Holmes to approve the Harrison Middle Building Committee’s recommendation to

select Hite Associates for their architecture services. Motion carried. Street Resurfacing

Prioritization List/Powell Bill

Recommendation:

Public Works Director Alex Fuller presented two items related to Town streets: 1) a street

resurfacing prioritization list (typically 2-4 streets are resurfaced each year using Powell Bill

funds); and 2) a street paving prioritization list (the Town Council has decided over the past

few years to pave one dirt street per year). Mr. Fuller recommended that no streets be

submitted to the North Carolina Department of Transportation for addition to or deletion from

the local Powell Bill street network (once per year NCDOT requests that municipalities

submit any proposed changes to the State, which must then be approved by the NCDOT

Board); however, he would submit later in the year street name changes related to the Dr.

Martin Luther King, Jr. Way naming, as indicated on the attached list, as part of our Powell

Bill map submission, but this is considered an administrative process.

Mr. Fuller recommended that the street resurfacing and paving prioritization lists be approved

to allow staff to move forward with its planning efforts, and reminded Council that approval

of the lists does not bind the Council to resurface or pave any given street (approval of

specific streets will be requested prior to paving/resurfacing later this year).

A motion was made by Councilmember Debbie Johnson and seconded by Mayor Pro-tem

Jackie Lacy to approve the street resurfacing and paving prioritization lists as presented.

Motion carried.

TOWN OF SELMA STREET RESURFACING PRIORITIZATION LIST

Priority Street Name Section

1 S Green Street W Dr. Martin Luther King Jr Way to W Railroad St

2 S Sumner St W Dr Martin Luther King Jr Way to W Railroad St

3 S Webb St E Watson St to E Preston St

4 S Webb St E Dr. Martin Luther King Jr Way to E Noble St

5 W Waddell Street N Massey St to N Sumner St

6 S Church St W Anderson St to W Railroad St

7 N Center St W Waddell to W Anderson St

8 W Dr Martin Luther King Jr Way S Green St to S Sumner St

9 Chestnut St Cherry St to Third Ave

10 E Griswold St N Raiford St to N Pollock St

11 Primrose St 4th St to River Rd

12 S Webb St E Noble St to E Watson St

13 N Brevard St W Anderson St to W Waddell St

14 W Railroad St S Massey St to S Sumner St

15 N Sharpe St E Griswold St to Pecan Dr

19 Griswold St N Sharpe St to Dixie Dr

16 N Sharpe St E Anderson St to E Waddell St

17 W Dr Martin Luther King Jr Way S Massey St to S Sumner St

18 W Railroad St S Sumner St to S Green St

20 W Waddell Street N Sumner St to N Green St

*Priority is based upon pavement condition

2013 TOWN OF SELMA STREET PAVING PRIORITIZATION

Priority Street Name Length (ft)

1 Winston Circle 317

2 Richardson Street (Sellers to Godwin) 264

3 Graves Street (Oak to Waddell) 317

4 Stokes/Hare Street 634

5 Sellers Street (Anderson to Railroad) 634

6 Debnam Lane 475

7 Pine Street 634

MINUTES – April 9, 2013

PAGE 13

Contribution to Selma

Museum: Town Manager Douglas stated that at the March Town Council work session, representatives

of the Selma Museum briefed the Council on efforts to date to establish and operate the Selma

Museum, as well as requested financial assistance from the Town of Selma. He said the

Council discussed the possibility of donating $2,000 this fiscal year to cover such costs as

utilities, insurance, and building improvements. Mr. Douglas recommended that $2,000 be

appropriated from the marketing line item within the organization contribution section of the

general fund budget.

A motion was made by Councilmember Eric Sellers and seconded by Councilmember Debbie

Johnson to approve the appropriation of $2,000 to the Selma Museum for FY 2012/2013.

Motion carried. Fire Suppression for Selma

Petroleum Terminal

Properties, Fire Chief Phillip

McDaniel:

Town Manager Douglas stated that Fire Chief Phillip McDaniel would be presenting a

recommendation to adopt a Capital Project Ordinance for the Selma Petroleum Terminals.

Fire Chief Phillip McDaniel stated that over the past two years, the Selma Fire Department

and the terminal facilities have been working on the problem of providing specialized

equipment for fire protection of the terminal properties. He said the first step in this project is

funding. Chief McDaniel presented an ordinance that encompassed the tools and training

needed to protect these facilities. He said the revenues for the project would come directly

from the facilities at a cost of $12,500 per property.

Chief McDaniel stated that over the past two years, the Selma Fire Department has been

developing a plan to handle a large scale incident at the terminal properties located along Oak

Street and Buffalo Road. He said recent emergencies at the terminals in Greensboro and

Charlotte, as well as around the country, have brought these issues to light. Chief McDaniel

stated the Department formed a task force called the Selma Tank Farm Task Force (STF). He

said that the first step was to identify hazards associated with these storage facilities. Chief

McDaniel stated the next step was to identify the needs in equipment, water supply, foam, and

training. He said that they are currently in the process of securing funding. Chief McDaniel

stated that an agreement was discussed and approved with funding to be provided by the

petroleum companies this fiscal year. He said the total expected proceeds are $187,000.00.

Chief McDaniel stated the funds would be used to purchase the proper amount of foam, high

flow foam educting nozzles, foam proportioners, a large water flow hydrant, and training for

staff. Chief McDaniel requested Council adopt the following Project Budget Ordinance.

A motion was made by Councilmember Tommy Holmes and seconded by Councilmember

Eric Sellers to approve the Capital Project Ordinance for fire protection for the Selma

Petroleum Terminals. Motion carried.

TOWN OF SELMA

FIRE PROTECTION FOR THE SELMA PETROLEUM TERMINALS

CAPITAL PROJECT ORDINANCE

BE IT ORDAINED by the Town Council of the Town of Selma, North Carolina, that, pursuant to

Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital ordinance is

hereby adopted:

Section 1. The project authorized is Fire Protection for the Selma Petroleum Terminals to be financed

by the terminal properties associated with the need for this specialized fire protection.

Section 2. The officers of this unit are hereby directed to proceed with the capital project within the

terms of the budget document contained herein.

Section 3. The following amounts are appropriated for the project:

Equipment $70,000.00

Equipment/not capital $10,000.00

MINUTES – April 9, 2013

PAGE 14

Supplies $95,000.00

Training $12,500.00

$187,500.00

Section 4. The following revenues are anticipated to be available to complete this project:

Contributions from terminal facilities $187,500.00

DULY ADOPTED THIS 9TH DAY OF APRIL 2013. Noble Street Sewer Line

Repair/Replacement Project,

John Grey, The Wooten

Company:

Town Manager Douglas stated that John Grey of The Wooten Company would present a more

detailed overview of the proposed Noble Street sewer interceptor project. He said at the

January 2013 regular meeting, Mr. Grey presented a summary of the completed testing of the

sewer interceptor along Noble Street, and as a result the Town Council approved moving

forward with a NCDENR grant application, as well as an appropriation of capital reserve

funds for emergency repairs.

Mr. Douglas stated that a grant application has been completed and submitted to NCDENR,

and also presented Council with the summary pages and proposed budget for their review. He

also presented a summary of the Sanitary Sewer Evaluation Survey for the Noble Street sewer

interceptor, outlining the proposed work for this project. Mr. Douglas stated that the Town

has received confirmation of loan approval for $1.2 million for this project, and is also

conversing with USDA on the availability of loan and grant funds.

Mr. Douglas stated that unless the USDA could guarantee significant grant funds for the

project, he would recommend proceeding with the NCDENR funding. He said staff could

pursue other funding options before a decision is made on the project if Council desired.

John Grey presented a report to Council that included pictures of manholes, a summary of

TVed work, and a map of recommendations. He said that the preliminary estimate of

$900,000 has been increased to $1.200,000. Mr. Grey stated that on the west side of Noble

Street at the APC Corporation building, the Town has sewer lines running under the building

and those lines need to be repaired. Mr. Grey reviewed the proposed rerouting of the sewer

line.

Mr. Grey stated that application was made to the NCDWQ for sewer improvements, and

Selma’s project did not score high enough for any principle forgiveness; however, the Town

did qualify for a 2% loan. He said that he had also talked to USDA for grant money. He said

that their funding is tight, but the Town could qualify for some funding. He said the Town

may qualify for a 100,000 to $300,000 grant with the balance financed at about 2.75% for 40

years.

Town Manager Douglas recommended moving forward with the USDA grant application and

funding and to proceed with the completion of a Preliminary Engineering Report at an hourly

rate not to exceed $25,000.

A motion was made by Councilmember Eric Sellers and seconded by Councilmember

Tommy Holmes to approve proceeding with the USDA funding for the Noble Street sewer

interceptor project and to proceed with the Preliminary Engineering Report at a cost not to

exceed $25,000. Motion carried. Update on Pole Attachment

Agreement with Time Warner

Cable:

Town Manager Douglas stated that at the March regular meeting, he shared with the Town

Council a proposed pole attachment and conduit occupancy agreement from Time Warner

Cable (through their counsel, Hogan Lovells), as well as a proposed $15,000 settlement for

past fees which was accepted by the Council. Mr. Douglas presented a copy of the table of

contents of the proposed agreement, indicating the range of its scope, for Council’s review.

He said that since the March regular meeting, staff has discussed the proposed agreement with

consultant R.L. Willoughby of Power Services, as well as ElectriCities staff. Mr. Douglas

stated that ElectriCities has assembled a technical team to develop a different pole attachment

MINUTES – April 9, 2013

PAGE 15

agreement template, which should be completed within the next two to three months and

should be more favorable to local government interests. Mr. Douglas recommended delaying

any action on the Time Warner proposed agreement until the ElectriCities agreement could be

reviewed.

It was the consensus of Council to take no action until the agreement being assembled by

ElectriCities could be reviewed.

TOWN ATTORNEY’S

REPORT –

House Bill 547 – Internet

Sweepstakes:

Town Attorney Chip Hewett stated that House Bill 547 has been introduced, which is the

regulation of the Internet Sweepstakes law. He said that the court system declared it illegal;

however, it is before the General Assembly to be approved. He said that if it passes and

becomes law, the Town could see a large number of business applicants. Attorney Hewett

stated that this is an issue that will need to be discussed again in the near future.

MAYOR’S REPORT AND

RECOMMENDATIONS –

Mayor Oliver stated that at a previous council meeting they had discussed a proposal by Mr.

J.P. George to establish an endowment for planting trees. She said that because of the

concerns by Council on the number of restrictions, it was determined it was not be in Town’s

best interest to accept the endowment.

COUNCILMEMBERS’

REPORTS AND

RECOMMENDATIONS:

Mayor Pro-tem Jackie Lacy and Councilmember Johnson both stated that they appreciated

everything that Planning Director Ryan Simons has done for the Town and wished him well in

his future endeavors. CLOSED SESSION –

Personnel Issue: A motion was made by Mayor Pro-tem Jackie Lacy and seconded by Councilmember Tommy

Holmes to go into closed session in accordance with N.C. General Statute 143-318-11(6) to

discuss a personnel issue. Motion carried. 8:35 p.m.

RETURN TO REGULAR

SESSION: The Council returned to regular session at 9:15 p.m. with no action taken.

ADJOURNMENT: With no further business, a motion was made by Councilmember Eric Sellers and seconded by

Mayor Cheryl Oliver to adjourn. Motion carried.

The meeting adjourned at 9:17 p.m.

___________________________________

CLAUDIA P. GREENFIELD, Town Clerk