Learning Center
Plans & pricing Sign in
Sign Out



									                                            TOWN OF SELMA
                                       SPECIAL COUNCIL MEETING
                                             MAY 27, 2008

PRESENT:                   Mayor Charles Hester, Mayor Pro-tem Jackie Lacy, Councilmembers Debbie
                           Johnson, Cheryl Oliver, and Eric Sellers, Interim Town Manager C. L. Gobble,
                           Town Attorney Chip Hewett, and Town Clerk Fran Davis.

CONVOCATION:               Mayor Charles Hester opened the meeting at 7:00 p.m. by talking about the
                           Washington Monument and the soldiers who serve at Arlington National
                           Cemetery. Mayor Hester then led the attendees in a silent prayer to remember
                           those who have died in service to our country.

                           Rick Stewart with the Selma News led in prayer.

                           Mayor Hester led the Pledge of Allegiance to the Flag.

                           Mayor Hester told those present that discussion of the proposed ETJ expansion
                           was not until the Council’s regular meeting on June 10, 2008.

PUBLIC HEARING –           Interim Town Manager Gobble stated that the Planning Board reviewed a request
 Rezoning of David Jones   presented by Mr. David Jones, owner of Selma Mobile Home Park located on
 Property on Highway 301
 North:                    Highway 301 North, on March 31, 2008 to rezone the park from High Density
                           Residential (RHD) to Mobile Home Park (MHP). He said that the Planning Board
                           unanimously approved recommending the change of zoning for the mobile home
                           park to the Town Council.

                           Mr. Gobble stated that at the April 8th and May 13th Town Council meeting,
                           Council continued discussion of Mr. Jones’ rezoning request and voted to call for a
                           public hearing for the May 27th meeting.

                           Mr. Gobble advised Council that once the public hearing is held an ordinance
                           amendment could be adopted.

                           A motion was made by Councilmember Eric Sellers and seconded by
                           Councilmember Debbie Johnson to open the public hearing regarding a rezoning
                           request from David Jones for his 2-acre mobile home park property on
                           Highway 301 North. Motion carried.

                           Robert Nielsen spoke representing his wife, Sue Ann Nielsen, and her sister,
                           JoAnne Godwin, who own property adjacent to Mr. Jones’ property. Mr. Nielsen
                           asked that the public hearing be postponed and the matter be returned to the
                           Planning Board, because the Planning Board did not notify the adjacent property
                           owners prior to their meeting. Mr. Nielsen said that if the rezoning request were
                           granted, Mr. Jones would be in noncompliance with the Town’s ordinance
                           governing mobile home parks.

                           Dennis Davis, Chairman of the Planning Board, said that Mr. Nielsen is not correct
                           in his statement that the adjacent property owners must be notified of the Planning
                           Board’s meetings. Mr. Davis said that the meetings are always scheduled for the
                           fourth Monday of each month at 7 p.m. in the Town Hall conference room. If that
                           meeting date is changed, the only requirement is to post the change at the Town
                           Hall. Mr. Davis further explained that the adjacent property owners only needed to
                           be notified of a public hearing held by the Town Council.

                           Mayor Pro-tem Jackie Lacy asked Mr. Davis if the adjacent property was involved
                           in the rezoning. Mr. Davis replied that Mr. Jones’ mobile home park has been in
MINUTES – MAY 27, 2008

                         existence since 1971. Mr. Davis said that when the zoning was changed in 2004,
                         the property was overlooked and accidentally listed as High Density Residential
                         (HDR). Mr. Davis said the Planning Board recommended rezoning the property to
                         reflect its use as a mobile home park, and the rezoning will not affect the adjacent

                         Interim Town Manager C. L. Gobble said that there is a related item he was
                         planning to address in his report regarding the exemption of nonconformance
                         issues with mobile home parks. He said it might be helpful to address this item
                         along with the rezoning.

                         Councilmember Debbie Johnson said the exemption issue also affects two other
                         mobile home parks and should be addressed separately. She said it makes more
                         sense to rezone the Jones property so that it can be discussed with the other mobile
                         home parks that could be exempted from the ordinance governing mobile home

                         Town Attorney Chip Hewett said that rezoning the Jones property only brings its
                         zoning in line with its use since 1971. He said rezoning the Jones property does
                         not impact Council’s decision regarding the ordinance exemption issue.

                         Mr. Nielsen said he found his information about notifying adjacent property
                         owners on the Town of Selma website. He said he brought this information to the
                         attention of the Town Manager and the Town Attorney last week.

                         Councilmembers Cheryl Oliver and Debbie Johnson asked what was on the
                         website and whether or not the website information was correct.

                         Town Attorney Chip Hewett explained that publishing the date in the local
                         newspaper satisfies the standard regarding notification of the Planning Board
                         meetings, and this requirement was met. Mr. Hewett said there was a timing issue
                         with the first public hearing scheduled for the rezoning request, but the time
                         requirement was met by postponing the public hearing until the May 27, 2008,
                         meeting. Mr. Hewett said he believes Mr. Nielsen is confusing the requirements
                         for notification of Planning Board meetings with the requirements for notification
                         of public hearings.

                         A motion was made by Councilmember Eric Sellers and seconded by
                         Councilmember Debbie Johnson to close the public hearing regarding a rezoning
                         request from David Jones for his property on Highway 301. Motion carried.

                         A motion was made by Councilmember Eric Sellers and seconded by
                         Councilmember Debbie Johnson to rezone the 2-acre David Jones mobile home
                         park property on Highway 301 from High Density Residential (HDR) to Mobile
                         Home Park (MHP).

                         Councilmember Cheryl Oliver said the zoning change is in order, because it simply
                         corrects a Town error. Councilmember Oliver said that noncompliance issues
                         should be addressed as a separate issue.

                         Voting “yes” Councilmembers Lacy, Oliver, Johnson and Sellers. Voting “no”
                         Mayor Hester. Motion carried on First Reading.

                               PROPERTY OWNED BY WILLIAM DAVID & BETTY B. JONES
                          APPROXIMATELY 2.0107 ACRES LOCATED ON US HIGHWAY 301 NORTH

                         WHEREAS, a petition has been received from William David and Betty B. Jones to rezone
MINUTES – MAY 27, 2008

                           a 2.0107-acre tract of land, Parcel ID #14M10085 from HDR (High Density Residential)
                           district to MPH (Mobile Home Park) district; and

                           WHEREAS, the required newspaper notices have been given, adjacent property owners
                           notified, the recommendation from the Selma Planning Board has been received, and a
                           public hearing has been held.

                           NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of
                           Selma that:

                           Section 1.     The Zoning Ordinance of the Town of Selma is amended to change the
                           following area from HDR district to MPH district and to amend the Selma Zoning Map to
                           show the area change:

                               Tract 20: BEGINNING at an iron stake in the right-of-way line of US Highway
                               301, said stake being a corner with Paul Howard and Luther P. Brown and runs as
                               the Howard and Brown line North 84 degrees 20 minutes West 132.5 feet to an
                               iron stake, a corner with Luther P. Brown and Paul Howard; thence runs a new
                               line of Luther P. Brown North 05 degrees 40 minutes East 365 feet to an iron pipe
                               in a ditch, a corner with Luther P. Brown and H. B. Gordon; thence runs as the
                               line of Luther P. Brown and H. B. Gordon South 84 degrees 20 minutes East 300
                               feet to a concrete monument, a corner with H. B. Gordon, James Person and
                               Luther P. Brown; thence runs as the line of James Person and Luther P. Brown
                               South 05 degrees 40 minutes West 99.5 feet to a concrete marker in the right-of-
                               way line of US Highway 301; thence runs as the right-of-way of US Highway 301
                               South 37 degrees 46 minutes West 313.3 feet to an iron stake, the point and place
                               of BEGINNING, containing 2.0107 acres as shown on a survey entitled “Luther P.
                               Brown: by Boyd L. Shook, R.S.,” dated December 5, 1967, and verified May 29,
                               1974. See also Deed Book 1038, Page 634, Johnston County Register of Deeds.

                           Section 2.    All laws and clauses in conflict with this Ordinance Amendment are hereby

                           Town Attorney Chip Hewett said that since the rezoning motion was not passed
                           unanimously, under Section 1-19, the request must be placed on the consent
                           agenda for a second reading at the June 10, 2008, Town Council meeting and will
                           be effective when the consent agenda is passed.

                           Councilmember Debbie Johnson said that the Town Council had agreed not to
                           charge Mr. Jones for the rezoning, because the zoning was an oversight by the
                           Town. However, Mr. Jones was charged and paid $500 for the rezoning. Town
                           Manager Gobble said this was a mistake, and the money should be refunded.

                           A motion was made by Councilmember Debbie Johnson and seconded by Mayor
                           Pro-tem Jackie Lacy to refund Mr. Jones $500. Motion carried.

 TOWN MANAGER’S            Town Manager C.L. Gobble referred to the proposed amendment on exempting
                           mobile home parks as a “slippery slope.” Mr. Gobble said he believes extensive
  Proposed Amendment to
  the Development          homework needs to be done, and the Institute of Government needs to be consulted
  Ordinance on Exempting   before any action is taken. Mr. Gobble said he thinks it is dangerous to exempt
  Mobile Home Parks:       individuals from an ordinance. Mr. Gobble comments prompted much discussion
                           on the best way to accomplish the Council’s objective to allow mobile home parks
                           that have grandfathered noncompliance issues to be able to make improvements to
                           their parks without being penalized.

                           Councilmember Debbie Johnson explained that this issue came about because
                           David Jones cannot obtain a loan from his bank to make improvements to his
                           property, even though his property has been grandfathered in as a nonconforming
                           use mobile home park. Mr. Jones’ bank requires written assurance from the Town
                           of Selma that the property can remain in noncompliance and Mr. Jones will not be
                           required to remove some of his mobile homes. Mr. Gobble said that he could draft
                           a letter to the bank, which states that Mr. Jones’ property has pre-existing
MINUTES – MAY 27, 2008

                         nonconforming uses that can continue indefinitely. Mr. Gobble said he would
                         contact Mr. Jones’ bank to confirm their requirements, and if the Town were able,
                         he would draft a document to satisfy the bank’s requirements.

                         Town Attorney Chip Hewett explained that when the mobile home park ordinance
                         was passed in 2004, it stated that mobile home parks with noncompliance issues
                         were to be notified of their noncompliance issues and then were to have five years
                         to bring their parks into compliance or they would be eliminated. However, when
                         the ordinance was passed, no notices were sent out. Mr. Hewett said that to
                         remedy this situation, the notices of nonconformity needed to be sent out to the
                         offending properties, giving them five years to comply with the ordinance.

                         Councilmember Debbie Johnson argued again that the ordinance should not apply
                         to the mobile home parks that had been grandfathered in as nonconforming use
                         mobile home parks. She said that in Mr. Jones’ case, the Town of Selma actually
                         issued him permits to replace some of his mobile homes, and improvements like
                         this should be encouraged.

                         Councilmember Johnson said this issue has taken too long to be resolved, and there
                         are business owners waiting on the Council to make a decision.

                         Attorney Hewett said he has tried numerous times to contact Dave Lawrence at the
                         Institute of Government for guidance, but has been unable to get in touch with him.

                         Councilmember Johnson asked if there is a specific notification time that must be
                         satisfied prior to changing or amending an ordinance.

                         Town Clerk Fran Davis said that a public notice must be published in the

                         There was some discussion regarding how the ordinance came into existence and
                         the consequences of exempting specific property owners from complying with the
                         ordinance. There was also discussion regarding Johnston County’s ordinance,
                         which exempts existing mobile home parks while regulating new mobile parks.

                         Interim Town Manager Gobble again recommended that more research be done.
                         He recommended contacting Michael Brough, Town Attorney for Carrboro, who
                         he said “wrote the book” on zoning for mobile home parks. Councilmember Eric
                         Sellers asked if there was enough time to complete the research before the June 10,
                         2008, Council meeting, and Mr. Gobble said there was not.

                         There was further discussion regarding amending the zoning ordinance and the
                         time the research will take. It was agreed that further research needed to be done
                         before amending or changing the ordinance.

                         Mr. Jones again requested a letter from the Town that verifies his property is
                         grandfathered in as a nonconforming use mobile home park. Mr. Gobble agreed to
                         contact the bank and provide the bank with written verification of the status of
                         Mr. Jones’ mobile home park.

                         A motion was made by Councilmember Debbie Johnson and seconded by Mayor
                         Pro-tem Jackie Lacy to table the proposed amendment to the development
                         ordinance on exempting mobile home parks. Motion carried.

TOWN OF SELMA            Interim Town Manager Gobble began the budget discussion by explaining that
2008/2009 BUDGET:
                         previous Town Manager Stan Farmer started the budget, Finance Director Erica
                         Walters has been working on the budget, and that he was trying to include all
                         department heads in the process. At this point, he said he has nothing down on
MINUTES – MAY 27, 2008

                                   paper, and he would like input from the Town Council as to what their priorities
                                   are. Mr. Gobble said the budget should be a team effort between all the
                                   departments and the Council. He said he would like to schedule some informal
                                   budget workshops where everyone can voice their opinions. Mr. Gobble said he
                                   believes the biggest budgetary issue is a shortage of personnel.

                                   Mr. Gobble said that two reports would be presented and requested that Town
                                   Clerk/Human Resources Director Fran Davis give the first report on insurance.

                                   Fran Davis informed the Council that Request for Proposals for property,
                                   equipment, auto, general liability, employee and employee benefits liability, public
                                   and police liability, crime and bonds and worker’s compensation insurance were
                                   sent out in March. The deadline for submission of their proposal was April 30 th.

                                   Mrs. Davis said 6 carriers responded with final consideration given to 4 proposals.
                                   She presented the following summary of the bids.

                                           Selma 2008-2009 Insurance RFP Comparison

                                                                                   Triangle/        Argonaut/         Triangle/
                                                                  NCLM              Prime             BB&T             Beacon
 Coverage Type                                                     Total             Total            Total             Total
                                                                 Premium           Premium          Premium           Premium
 Automobile Liability                                             $12,907.23               incl     $13,000.00        $20,288.00
 AL Hired/Non-Owned                                                 $287.65               incl             incl               incl
 Auto Physical Damage Comp/Collision                               $6,149.84       $26,197.00       $18,248.00          $5,562.00
 Hired/Borrowed APD Comp/Collision                                    $30.00              incl                             $25.00
 General Liability                                                $17,919.76       $23,839.00       $20,452.00        $39,704.00
 Crime - Employee Dishonesty/Forgery Alteration                     $339.50           $321.00          $213.00                incl
 Crime - Inside the Premises - Theft of Money or Securities           $25.50               incl            incl               incl

 Crime - Outside the Premises                                         $10.20               incl            incl               incl
 Employee Benefits Liability                                          $64.03               incl            incl               incl
 Employment Practices Liability                                    $4,414.96               incl                               incl
 Real & Personal Property                                         $25,408.51       $30,338.00       $19,220.00        $16,496.00
 IM - Computer Equipment and Media                                  $415.25                incl        $422.00                incl
 IM - Fine Arts                                                        $0.00                                                  incl
 IM - Municipal Equipment                                          $1,123.43        $1,971.00              incl               incl
 IM - Scheduled Animals                                             $650.00           $175.00           $50.00           $175.00
 Premises Medical Payments                                          $419.99                incl            incl               incl
 Public Officials Bond                                              $700.00                incl            incl          $350.00
 Public Officials Liability                                        $6,641.48       $10,116.00        $8,361.00                incl
 Police Professionals Liability                                   $11,138.16               incl     $12,000.00                incl
                                                                                    $6,216.00        $7,306.00                incl

                                                        Total:    $88,645.49       $99,173.00       $99,272.00        $82,600.00
 Workers Compensation               Statutory Limits              $72,615.00          Workers Compensation Not Quoted
 Property and Liability Incentive Credit                         -$10,764.00         Triangle/Prime & Triangle Beacon - No
 Property, Liability, WC Total:                                  $150,496.49                   5M as required by RR

 To increase crime limits to $25,000 inside & out premium would increase $178.50
 To change fire trucks to agreed value coverage increase
 premium about $700                                               $89,523.99
MINUTES – MAY 27, 2008

                         Mrs. Davis pointed out the major differences in the coverages quoted.

                         Mrs. Davis also gave a brief report on the status of health insurance quotes.

                         A motion was made by Councilmember Debbie Johnson and seconded by
                         Councilmember Cheryl Oliver to accept the insurance proposal from the North
                         Carolina League of Municipalities for all lines of insurance in the Request for
                         Proposals including worker’s compensation. Motion carried.

                         Finance Director Erica Walters reported to the Council the major budget requests
                         made by Department Heads.

                         She said the Recreation Department has requested a portable fence and a new
                         computer; the library has requested two new public computers; the cemetery has
                         requested a new lawn mower; and the Electric Department needs financing for a
                         new 55-foot bucket truck, a 45-foot digger derrick, and $50,000 for automated
                         readers. She said the budget includes a full-time person for the Planning, Zoning,
                         and Inspection Department. The Water and Sewer Department is requesting a new
                         truck and a test meter. Ms. Walters said this is not a complete list of all the
                         Town’s needs. Mr. Gobble said all the requests are reasonable. He said the
                         Electric Department had originally requested one truck, but last week another of
                         their trucks broke down, so the department is currently leasing a truck on a
                         monthly basis.

                         Councilmember Eric Sellers asked if the Town’s budgetary software allows for
                         automatic allocation of time for people who work in more than one department,
                         and Ms. Walters said that it does.

                         There was some discussion regarding the priority of requests. Mr. Gobble said that
                         what is missing from the budget planning is the Council’s input for their priority
                         issues such as a land use plan. Mr. Gobble said prioritizing the Council’s areas of
                         interest, such as economic development, planning and zoning, maintenance, etc.,
                         and then ranking specific projects within the areas of interest could accomplish
                         this. He said there may not be enough time this year to generate that much detail,
                         but it would be good to consider this approach for next year’s budget planning.

                         There was discussion regarding agencies and organizations that are requesting
                         funds from the Town.

                         The Town Council agreed to schedule a budget workshop for next Tuesday,
                         June 3, 2008, at 10:00 a.m. in the Town Hall conference room.

                         Mr. Gobble informed the Council of the following meetings he has scheduled: met
                         today with USDA Rural Development people to discuss issues with the Harrison
                         School project; and May 28, 2008, Progress Energy regarding wholesale delivery,
                         and flood insurance agencies will be meeting with all the towns in Johnston
                         County to update flood insurance maps. He also said the Town has USDA Rural
                         Development grant money for small business revolving loans that needs to be

                         Mayor Hester reminded Council that the $75,000 in grant money for the Harrison
                         School project needs to be used or it will be lost. Councilmember Eric Sellers
                         talked about the meeting with USDA Rural Development regarding the Harrison
                         School project. He said that the current grant covers improvements to the front
                         half of the building. Dave Neville and representatives from the Neuse Charter
                         School believe that it will be cheaper to make improvements to the entire building
                         than to split the building, which requires a fire wall with a metal door, etc. They
                         would like to borrow the money needed for improvements to the back half of the
MINUTES – MAY 27, 2008

                         building from the Town of Selma. A discussion followed regarding problems with
                         the Harrison School project.

DISCUSSION OF            Councilmember Eric Sellers initiated a discussion regarding the salary range to be
                         advertised for the new Town Manager. There was agreement that a ceiling should
POSITION:                not be placed on the salary range, which might discourage more qualified people
                         from applying for the position.

ADJOURNMENT:             With no further business, a motion was made by Councilmember Eric Sellers and
                         seconded by Councilmember Cheryl Oliver to adjourn. Motion carried.

                         The meeting adjourned at 8:27 p.m.

                                                                    FRAN C. DAVIS, TOWN CLERK

To top