August 2, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 332 Meeting of the Johnston County Board of Commissioners August 2 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 2 , 2021 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Announcement Regarding Nominations to the Hospital Authority Chairman Chad M Stewart stated the Board utilized written ballots at the 10 00 am meeting for the two Hospital Authority vacancies and that the votes have been tallied Chairman Stewart reported David F Mills and Dr Marilyn Pearson were nominated for the two positions The nominations will be forwarded to the Hospital Authority for review and recommendation with the final appointments being made at the September 7 , 2021 meeting 2 Public Comment A Recognition of Citizen Roger Dickerson Johnston County Fire Marshal Adam Stanley introduced and recognized Mr Roger Dickerson for his recent heroic actions by helping his neighbors escape their burning home Mr Stanley thanked Mr Dickerson for his service to the community and for looking out for his neighbors in their time of need Mr Stanley presented Mr Dickerson with the following “ Partners in Protection ” certificate in recognition of his actions The Board thanked Mr Dickerson for his bravery and applauded his actions to help his neighbors Page333 August 2 , 2021 – 6 00 pm Continued B Citizen Comments – Jackie Lee Ms Jackie Lee , Pine Level , addressed the Board regarding a recent member appointment by the Social Services Board Ms Lee informed the Board that she applied for a position on the Social Services Board that was appointed directly by the Social Services Board membership Ms Lee expressed her concerns to the Commissioners regarding the advertisement process noting that after the first application deadline had passed , the position was re - advertised Ms Lee also expressed concerns that she was told the reason she was not appointed for the position was because she is a former retired employee and she asked why that would make a difference in the appointment decision Commissioner Patrick E Harris , Commissioner Representative on the Social Services Board , explained that the Social Services Board , for this appointment , wanted someone who had no prior history with the Social Services Department Commissioner Harris further stated to Ms Lee that there was nothing personal about the appointment , just that the Social Services Board wanted someone that had no prior involvement in that agency Chairman Chad M Stewart thanked Ms Lee for her comments and encouraged her to apply for other boards and committees that are appointed by the Johnston County Board of Commissioners 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – July 21 and 28 , 2021 Certified letters were mailed to adjoining property owners on July 19 , 2021 Notices were posted at the locations on June 1 , 2021 for Cases 21 - 11 ; 21 - 12 ; and 376 MOD The Chairman opened the Rezoning Hearing for Case 21 - 11 Case 21 - 11 Petition to rezone a 256 acre tract located at 3469 US HWY 70 East in the Pine Level Township from General Business GB to Agricultural Residential AR Tax ID 12N11035 Owner Anthony & Marsha House Applicant Courtney Lanning Marsha House After determining that the applicant was not present for Case 21 - 11 , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Larry Wood , and carried unanimously , the Board tabled Case 21 - 11 until the September 7 , 2021 6 00 pm meeting The Chairman opened the Rezoning Hearing for Case 21 - 12 Case 21 - 12 Petition to rezone a 712 acre tract located at 227 Bertie Heights Road in Pine Level Township from Agricultural Residential AR to Agricultural Residential with Interstate Highway Interchange Overlay AR with IHI Tax ID 12O08007F Owner Brenda Gray Applicant Brenda Gray Planning Director Braston Newton stated the petition is to rezone a 712 acre tract located at 227 Bertie Heights Road in Pine Level Township from Agricultural Residential to Agricultural Residential with Interstate Highway Interchange Overlay Mr Newton stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential with Interstate Highway Interchange overlay and used for residential and agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion of Bertie Heights Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton provided the Board with a history of the property’s zoning noting that it came before the Board in 2015 , but was denied at that time Upon questions by Commissioner Larry Wood , Mr Newton reviewed the zoning map with the Board , noting the surrounding zonings within the Interstate Highway Interchange overlay Applicant Brenda Gray , 227 Bertie Heights Road , stated they would like to operate a mechanic shop on the site She stated they currently rent another location for their shop , but would like to move to the subject site Robert Cribb , 227 Bertie Heights Road , stated they had requested to rezone the property in 2015 ; however , it was denied at that time Mr Cribb stated they have addressed the issues that were a concern from that time and are hopeful it will now be approved Page334 August 2 , 2021 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Commissioner Wood asked why the request did not come in as General Business Mr Newton stated the proposed use could also fit under the General Business classification ; however , the request came in as Interstate Highway Interchange overlay because the site is within 3,000 feet of an interchange Mr Newton stated allowed uses within the General Business zoning classification are very similar though slightly more expansive There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 12 Decision on Rezoning Case 21 - 12 Case 21 - 12 Petition to rezone a 712 acre tract located at 227 Bertie Heights Road in Pine Level Township from Agricultural Residential AR to Agricultural Residential with Interstate Highway Interchange Overlay AR with IHI Tax ID 12O08007F Owner Brenda Gray Applicant Brenda Gray Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 12 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 12 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 12O08007F located at 227 Bertie Heights Road , Pine Level Township , from Agricultural Residential to Agricultural Residential with Interstate Highway Interchange Overlay WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 1 Grow in a Fiscally Efficient , Compact Manner ; and Goal 4 Achieve a Range of Price and Type of Housing as New Development Occurs ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan , all portions of the property are within the required 6,000 ft circle of the I - 95 Interchange with Pittman Rd , and surrounding properties are within the IHI 3 This Board approves the proposed zoning amendment from Agricultural Residential to Agricultural Residential with Interstate Highway Interchange Overlay nd Adopted this the 2 day of August , 2021 Page335 August 2 , 2021 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 376 - MOD Case 376 - MOD Petition to modify a previous rezoning by adding the remaining 2263 acres of the 376 acre tract located at 8488 Cleveland Road in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06F04006E Owner Faye & Terry Johnson Applicant Robert Russ Triple R Landscaping Planning Director Braston Newton stated the petition is to modify a previous rezoning by adding the remaining 2263 acres of the 376 acre tract located at 8488 Cleveland Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use request associated with the rezoning is to allow for the sale of landscape supplies The surrounding land uses are zoned Agricultural Residential and Planned Unit Development for agricultural and residential purposes ; Community Business – Special Use District and used for a church ; and General Business – Special Use District and used for a barber shop , contractors office , and several other small businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated there is currently a landscaping business that operates on a portion of the property which does have a special use permit He stated the operation has been on the site for many years with no complaints received Mr Newton stated staff recently received a complaint that the business was possibly operating on a portion of the property that was not included in the special use permit He stated upon investigation , staff did determine that the existing operation had expanded onto the portion of the property not contained within the special use permit area Mr Newton stated staff’s recommendation is for denial ; however , he noted that anytime a rezoning case is the result of a complaint , which is confirmed to be in violation , staff recommends denial due to the non - compliance Owner Terry Johnson , 131 Hunter Wood Place , Benson , explained that the violation is an oversight and they had thought the site was zoned properly because the tax records showed the site as being commercial Mr Johnson stated they are requesting the rezoning to correct the situation He stated the business supports many people in the area and they have been in operation since 1999 Sasha Russ , Triple R Landscaping , stated the issue involves a buffering concern and they are working with a surveyor in order to install the necessary buffering along the property lines There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the inquiry of Commissioner Larry Wood , Mr Newton stated although the Planning Board minutes indicate there was no discussion , there was a strong show of community support for the applicant at the Planning Board meeting There being no further comments , the Chairman closed the Rezoning Hearing for Case 376 - MOD Decision on Rezoning Case 376 - MOD Case 376 - MOD Petition to modify a previous rezoning by adding the remaining 2263 acres of the 376 acre tract located at 8488 Cleveland Road in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06F04006E Owner Faye & Terry Johnson Applicant Robert Russ Triple R Landscaping Commissioner Butch Lawter moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 376 - MOD Commissioner Larry Wood seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 376 - MOD RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTYPagePage pageNumber5336 August 2 , 2021 – 6 00 pm Continued WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 06F04006E located at 8488 Cleveland Road , Cleveland Township , to rezone the remaining 2263 acres of the 376 acre tract from Agricultural Residential to Agricultural Residential – Special Use District to allow for the sale of landscaping supplies WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 3 Diversify and Expand the Economy ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Agricultural Residential – Special Use District zoning is compatible with surrounding land uses ; b The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan and 3 This Board approves the proposed zoning amendment from Agricultural Residential to Agricultural Residential – Special Use District nd Adopted this the 2 day of August , 2021 The Chairman opened the Special Use Hearing for Case 376 - MOD Case 376 - MOD To allow for the sale of landscape supplies Owner Faye & Terry Johnson Applicant Robert Russ Triple R Landscaping Those wishing to speak on Special Use Case 376 - MOD were affirmed by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for the sale of landscape supplies Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 376 - MOD on April 6 , 2021 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 15 , 2021 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 376 - MOD and made the following recommendations Upon a motion by Ms Holmes , seconded by Mr Hudson , Rezoning Case 376 - MOD was approved by a unanimous vote of 5 - 0 at the June 15 , 2021 Planning Board Meeting PagePage pageNumber6337 August 2 , 2021 – 6 00 pm Continued Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The property sits parallel to Cleveland Rd With the increase in homeowners using our services , we have created designated signs to help the flow of traffic within the property so that we have a smooth transition from entering to exiting Within the business , we maintain current and active insurance as well as licenses including North Carolina Landscape Contractors ’ License and North Carolina Department of Agriculture & Consumer Services to make sure we are staying up to date on local safety regulations for our customers 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant We will continue to comply with any and all required use and intensity regulations of the Land Development Code , and any other ordinances and resolutions and state and federal regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant We provide home maintenance and landscaping supplies to our community Not only does our business provide enhancements to our neighborhoods and local commercial properties , we also give homeowners a chance to shop at a local business We bring the curb appeal back to yards and neighborhoods that are steadily coming to the area We partner with local realtors to help design landscaping for upcoming neighborhoods We partner with the Town to help maintain yards that have been abandoned or unkept Along with residential and commercial properties , we also help local schools in the area to manage their outdoor appearances around playground and park areas 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Being in the community for over 20 years , we have seen the increase of commercial businesses along the Cleveland Rd area We think our development will add tremendous value as our neighborhood residents can shop close to where they live With the development of Highway 540 , the Cleveland Road widening project , and multiple new commercial businesses going up on Cleveland Rd within feet of the property , we believe our development will not only contribute to the similar projects that have started , but it will greatly enhance that future plans for the area Specific Land Uses APPLICANT landscape products and supplies Special Use Conditions 1 Permitted Uses Landscape products and supplies 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Existing natural vegetation may be used if equal or more intense 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 7 00 6 00 am until 7 00 8 00 pm , seven days a week 9 Outdoor storage shall be contained within an 8 ’ opaque fence or sufficient vegetative screening Items in bold were changed by the Planning Board during the Planning Board Meeting Mr Newton noted the special use conditions for the Board’s consideration pointing out the items recommended for revision by the Planning Board Owner Terry Johnson , 131 Hunter Wood Place , Benson , offered to answer any questions Upon a question by Commissioner Butch Lawter , Sasha Russ of Triple R Landscaping , confirmed they are agreeable to the special use conditions as proposed and they did request the change in the hours of operation At the inquiry of Commissioner Tony Braswell , Ms Russ confirmed they are working to install the required buffer in accordance with the special use conditions Mr Newton noted that the applicant will be required to submit a site plan and staff will make sure all buffering requirements are met There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions PagePage pageNumber7338 August 2 , 2021 – 6 00 pm Continued There being no further comments , the Chairman closed the Special Use Hearing for Case 376 - MOD Decision on Special Use Case 376 - MOD Case 376 - MOD To allow for the sale of landscape supplies Owner Faye & Terry Johnson Applicant Robert Russ Triple R Landscaping Based on the following findings of facts and special use conditions , Commissioner Patrick E Harris moved the Board authorize the Planning Department to issue a special use permit for Case 376 - MOD to allow for the sale of landscaping supplies on the remaining 2263 acres of the 376 acre tract located at 8488 Cleveland Road in Cleveland Township Commissioner Ted G Godwin seconded the motion , which carried unanimously Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; The property is parallel to Cleveland Road Signage will be installed to help the flow of traffic within the property and ingress and egress to and from the property A landscaping business currently operates on a portion of the property which has a special use permit Surrounding uses include general business – special use Current and active insurance as well as licenses including North Carolina Landscape Contractors ’ License and North Carolina Department of Agriculture & Consumer Services are maintained for compliance with local safety regulations for customers The use will meet all design standards and will be maintained in a manner that promotes public health , and safety for the general safety and welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The use will comply with building setbacks , landscaping , and will meet the requirements of established ordinances and regulations Site specific development plans are required and must meet all development approval regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The request is consistent with approved uses in the area The use allows for services desired by local residents and businesses The site will be buffered with a landscape buffer approved by the County and the proposed setbacks will limit the impact to surrounding properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The proposed use is consistent with the surrounding uses and consistent with the general plans for the physical development of Johnston County With the development of Highway 540 , the Cleveland Road widening project , and multiple new commercial businesses on Cleveland Rd within feet of the property , the development will not only contribute to the similar projects that have started , but it will greatly enhance future plans for the area The use will be operated in a manner to meet all regulations contained in the county land development code Site specific development plans will ensure that the use meets the standards and development policies set by Johnston County Specific Land Uses APPLICANT landscape products and supplies Special Use Conditions 1 Permitted Uses Landscape products and supplies 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Existing natural vegetation may be used if equal or more intense 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 6 00 am until 8 00 pm , seven days a week 9 Outdoor storage shall be contained within an 8 ’ opaque fence or sufficient vegetative screening 4 Planning Activity Report Planning Director Braston Newton stated the Planning Department is staying busy and moving forward on the Comprehensive Land Use Plan LUP update process Mr Newton stated they are slightly behind schedule on the LUP update ; however , he acknowledged it was an aggressive schedule to start with Mr Newton stated on the existing conditions survey , there is a lot of data to compile and staff plans to take that data to the Steering Committee later this month Mr Newton stated staff also plans to bring that information to the Planning Board and the Board of Commissioners Mr Newton stated as of last Thursday , there had been 1,754 responses th to the existing conditions survey and the deadline is August 13 , but that can be extended if needed PagePage pageNumber8339 August 2 , 2021 – 6 00 pm Continued At the inquiry of Commissioner Fred J Smith , Jr , Mr Newton reviewed the various phases of the LUP update process and assured the Board that the Commissioners will have ample time and opportunities to review the document as it progresses and provide feedback along the way Upon a question by Commissioner Butch Lawter , Mr Newton stated they are hoping to hold another Steering Committee meeting on August 19 , 2021 but that date will depend on finding a location large enough to accommodate social distancing 5 Manager Reports and Comments A Johnston County Water and Wastewater Preliminary Regionalization Evaluation County Manager Rick Hester reported that staff has completed a draft Request for Qualifications RFQ for the Johnston County Water and Wastewater Preliminary Regionalization Evaluation the Board recently authorized Mr Hester stated he would be sending that draft to the Commissioners for feedback prior to sending out a formal solicitation for RFQ’s B Clarification Regarding Federal COVID Stimulus Funds Recommendation County Manager Rick Hester clarified his recommendation from the morning meeting as it relates to the 406 million in federal COVID stimulus funding Johnston County will be receiving Mr Hester stated at the morning meeting he recommended the Board consider appropriating 35 million of the funding to be used towards County water , wastewater , and broadband infrastructure projects with the remaining 5 million to be held as non - committed funds with a purpose to be determined Mr Hester clarified that of the 35 million , he recommends setting aside a majority of those funds for water and wastewater infrastructure improvement projects C Meeting with Johnston County Schools County Manager Rick Hester informed the Board that he along with Parks , Open Space , & Greenways Coordinator Adrian O’Neal will be meeting with Principals and other representatives from Johnston County Schools to discuss how the two groups can work together on opportunities to utilize school facilities for parks and recreation purposes D Resolution Authorizing Condemnation County Attorney Jennifer Slusser updated the Board regarding various Public Utilities projects that require easements in order to move forward Ms Slusser stated staff is diligently working to negotiate settlements with the property owners ; however , eminent domain may be necessary and further , staff may need to contract with outside counsel Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Fred J Smith , Jr , and carried unanimously , the Board adopted the following resolution A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OR INTEREST IN PROPERTY FOR A TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT PUBLIC UTILITY AND ACCESS EASEMENT WHEREAS , the governing body of the County of Johnston hereby determines that it is necessary and in the public interest to acquire certain property or interest in property owned by the attached list of property owners now or formerly for the following public purpose 1 Temporary construction easement for public utilities ; and 2 Permanent public utility and access easements WHEREAS , the property officials or representatives of the County of Johnston have been unable to acquire the needed interest in this property by negotiated conveyance NOW , THEREFORE , BE IT RESOLVED by the Johnston County Board of Commissioners , that 1 The County of Johnston shall acquire by condemnation , for the purpose stated above , the property or interest in property described as follows Temporary Construction and Permanent Utility and Access Easements , including rights - of - way in , over and across certain land located in Johnston County and shown on Exhibit A 2 The County Attorney may retain outside counsel to assist with the acquisition of the property or interest in property herein above described The attorneys representing County of Johnston are directed toPagePage pageNumber9340 August 2 , 2021 – 6 00 pm Continued institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property or interest in property herein above described Adopted this the 2nd day of August , 2021 Exhibit A 1 210 Wastewater Treatment Plant and Force Main Project - Permanent Public Utility and Access Easement and Temporary Construction Easement - William Douglas Parker Estate Parcel ID 15J10019 ; Outside Counsel David F Mills of Narron Wenzel 2 385 West Hydraulics Project - Permanent Public Utility and Access Easement and Temporary Construction Easement - W Riley Horne & Wife Parcel ID 15I05020I ; Permanent Public Utility and Access Easement - Robert Newton Blake Parcel ID 17K07012T ; Permanent Public Utility and Access Easement - Delphine D Wilder Parcel ID 17K07005H ; Outside Counsel Alan B Hewitt of Hewitt Law Group 3 Buffalo Road Booster Pump Station Upgrade and Transmission Project - Permanent Public Utility and Access Easement - Charles Sims Trust Parcel ID 16K06009B and 16K06009 ; Outside Counsel Alan B Hewitt of Hewitt Law Group 4 Pine Level Sewer Force Main and WWPS Improvements - Quinton Wall - Outside Counsel , Dan Cahill of Poyner Spruill 5 Ingrams Project - Permanent Public Utility and Access Easement - Billy Blackmon Parcel ID 15J10060N - Outside Counsel to be assigned by County Attorney 6 Board Reports and Comments A Hospital Authority Nominations th Commissioner Ted G Godwin stated the Hospital Authority would be meeting on August 20 to discuss the nominations put forth by the Board of Commissioners for the two authority positions B Recognition of Public Information Director Commissioner Patrick E Harris recognized new Public Information Director Adam Carroll stating Mr Carroll has done a fabulous job since he came on with the County There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 7 05 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage