January 3, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 673 Meeting of the Johnston County Board of Commissioners January 3 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , January 3 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk Melissa A Daughtry Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Resolution - Johnston Health - NC Building Restoration and Reuse Grants Good Hope Program April Culver , Vice President of Planning and External Affairs for Johnston Health , requested the Board to adopt a resolution that would authorize the submittal of a grant application to the North Carolina Building Restoration and Reuse Grants Good Hope Program She stated the Johnston Health Foundation has begun a 15 million capital campaign in an effort to fund renovations expansions on the Smithfield Medical Center Emergency Department Ms Culver stated the North Carolina Rural Center requires the grant application to be submitted through a governmental entity She noted the amount of grant funding is based on the number of new jobs created and Johnston Health anticipates creating 5 - 7 jobs from the project County Manager Rick Hester stated the grant would require a 5 local match and Johnston Health would be providing the funds to cover the match as is written in the proposed resolution Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board adopted the following resolution authorizing the submittal of the grant application AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT NC Building Restoration and Reuse Grants Good Hope Program WHEREAS , The NC General Assembly has authorized funds to stimulate economic development and job creation in distressed areas through constructing critical water and wastewater facilities , addressing technology needs , reusing buildings , and implementing research and demonstration projects , and WHEREAS , The Rural Hope Program is designed to spur economic activity and job creation by assisting in the construction and expansion of health care facilities , and WHEREAS , Johnston County supports the expansion of a health care facility owned by Johnston Memorial Hospital Authority dba Johnston Health , located at 509 N Bright Leaf Blvd , Smithfield , NC 27577 to spur economic activity and job creation , and WHEREAS , Johnston County intends to request grant assistance from the Building Restoration and Reuse Grants Good Hope Program ; NOW THEREFORE BE IT RESOLVED , BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS That Johnston County will provide the 5 Rural Center grant match through funds received from Johnston Health , if approved for a grant That Johnston County will provide for efficient Rural Center project administration and implementation That Allen L Mims , Jr , Chairman , and successors so titled , is hereby authorized to execute and file an application on behalf of the Johnston County with the NCREDC Rural Center for a Building Restoration and Reuse Grant That Allen L Mims , Jr , Chairman , and successors so titled , is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto Adopted this the 3rd day of January , 2012 a t Smithfield , North Carolina Page674 January 3 , 2012 - 6 00 pm Continued B Comments by Four Oaks Mayor Linwood Parker Regarding Agenda Item No 3 - Second Vote - Panhandling and Loitering Ordinances Four Oaks Mayor Linwood Parker reported that he has spoken with some of the other Mayors in the County regarding the proposed panhandling and loitering ordinances Mr Parker expressed concerns over how the ordinances could possibly impact the municipalities He asked the Board to consider postponing a decision on the ordinances and begin a dialogue with the municipalities in an effort to come up with a solution jointly th Mr Parker reported the Mayors would be meeting on January 17 and he stated it would be a good opportunity to come together and discuss the issue 2 Public Hearing Rezoning and Special Use Requests Advertised - In The Smithfield Herald - December 21 and December 28 , 2011 Certified letters were mailed to adjoining property owners on December 19 , 2011 Notices were posted at the locations on November 2 , 2011 for Case 10 - 12 Mod The Chairman opened the Rezoning Hearing for Case 10 - 12 Mod Case 10 - 12 Mod Petition to modify a 143 acre portion of a 4427 acre Master Plan of a Mixed Use Planned Development located along Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential - Special Use District AR - SUD and General Business - Special Use District GB - SUD to Agricultural Residential - Special Use District AR - SUD Tax ID 06D01015F , 06D01015X Owner Son - Lan Shipwash LLC , Vision Properties and Investments Applicant IOM , Inc Developers - Freddie Stancil Planning Director Berry Gray stated the petition is to modify a 143 acre portion of a 4427 acre Master Plan of a Mixed Used Planned Development located along Old Drug Store Road in Cleveland Township from Agricultural Residential - Special Use District and General Business - Special Use District to Agricultural Residential - Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray reported the surrounding land uses are zoned Agricultural Residential and used for such purposes as well as General Business and used for a commercial park The area is located within a designated Primary Growth Area on the County's Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , the site is located near a " Regional Centers " activity node Mr Gray explained that in 2004 Adams Point Subdivision was approved for 602 lots which included the subject site He continued that in 2006 , the subject site was taken out of Adams Point Subdivision and rezoned to a commercial park consisting of 18 lots Mr Gray stated in 2010 the applicant petitioned to rezone the subject site again to a Mixed Use Planned Development to include 78 townhomes , 70 single family dwellings and 9 acres of commercial development He reported the proposed rezoning is to modify the subject site to allow for 138 single family dwellings , 204 multifamily units , and 582 acres of commercial development Chairman Allen L Mims , Jr asked how the proposed modification would affect the Traffic Impact Analysis TIA originally submitted in 2004 Mr Gray reported when the subject site was rezoned in 2006 the Planning Board , at that time , determined the original TIA that was done for the residential development was suitable for the commercial development Mr Gray stated that although the current rezoning petition would reduce the commercial development and increase the planned residential development , the amount of traffic generated would be lower than what was anticipated in 2004 Mr Gray noted that one of the Planning Board members is a traffic engineer and she agreed that a new TIA would not be beneficial because the traffic counts would be lower Mr Gray also noted that , according to the North Carolina Department of Transportation , traffic counts on all roads have decreased over the last four years due to the economy and the actual traffic counts on Old Drug Store Road have decreased by 500 vehicles per day from when Adams Point Subdivision was originally approved in 2004 Mr Gray stated the developer has installed all the original required traffic improvements except for the right deceleration lane into the subject site Mr Gray noted that at the request of DOT , staff has implemented a block on all future permits until the deceleration lane is completed Mr Gray also noted that additional traffic improvements have been completed at NC Hwy 42 and Old Drug Store Road as well as NC Hwy 50 and Old Drug Store Road to include road realignments , stop light installations , and turn lane improvements Mr GrayPage675 January 3 , 2012 - 6 00 pm Continued stated that because of the existing improvements by the developer , DOT , and other entities for other developments , the Planning Board did not feel a new TIA was necessary Applicant Freddie Stancil of IOM , Inc Developers , 466 Stancil Road , Angier , addressed the Board and stated that they are unable to sell single family homes during this economic time ; therefore , they would like to build apartments to rent out Mr Stancil stated the apartment development will be designed similar to three other developments that his company constructed in Fayetteville Mr Stancil stated that he would like to have his project manager show the Board a PowerPoint Presentation of what their other developments look like Maggie Lockwood , of Drucker & Falk , LLC , management team for the proposed project , addressed the Board and presented the following PowerPoint slideshow She stated the developments in the slideshow are an example of what is proposed for construction on the subject site Ms Lockwood reported the one bedroom apartments will rent for 74500 per month , two bedroom apartments for 89500 per month and the three bedroom apartments for 995 per month which is competitively priced with a Raleigh apartment community as well as it takes into consideration the Johnston County demographics Drucker & Falk , LLC is a full service real estate company managing properties across the Southeast It was established in 1938 by A Louis Drucker and Emanuel E Falk and has operated as a family business since , currently in its third generation of leadership We create , protect and maximize real Drucker & Falk , LLC estate and asset value through superior service and Multifamily Management steadfast commitment to our clients , customers and employees A PROVEN HISTORY A DYNAMICE FUTURE One Bedroom Two Bedroom Three Bedroom 74500 month 89500 month 99500 month Parcstone was built in 2010 and offers 232 luxurious apartment homes The community provides • State of the Art Wellness Center • Concierge Services • Media Room • Grilling Pavilions , Library , Tanning , Outdoor Recreation and much more Page676 January 3 , 2012 - 6 00 pm Continued The Heights at McArthur Park was built in 2009 with 288 luxury apartment homes The Community Clubhouse provides • Expansive Cardio Workout Center with Weight Stations • Media Room with Wi - Fi • Java Bar with continental breakfast on Saturdays • Business Center • Outdoor Grilling and Recreation Java Bar Cardio Workout Media Room Built in 2010 offering 242 luxury apartment homes providing • Outdoor Recreation • Planned Social Events • Wellness Center • Concierge Services • Expansive Media Room • Billiard Room with Gaming Lounge Work Out Relax ServicePagePage pageNumber5677 January 3 , 2012 - 6 00 pm Continued Ms Lockwood explained that the type of apartment complexes proposed offer amenities such as a fitness center , café , and other social gatherings She stated the complexes offer more of a community atmosphere so that the residents will stay with the developments for a longer period of time and chose it as their home Upon a question by Chairman Mims , Ms Lockwood reported they propose brick and vinyl siding exteriors for the multifamily dwellings Mr Stancil stated there may be stone accents included in the building materials also Commissioner Cookie Pope asked if townhomes are proposed Ms Lockwood stated previously townhomes were proposed ; however , now they are only planning apartments She stated they propose to construct 60 one bedroom units , 120 two bedroom units , and 24 three bedroom units Ms Lockwood reported the amenities for the residents will be available 24 hours per day Mr Stancil stated the apartments would not be government subsidized Upon questions by Commissioners Jeffrey P Carver and Tony Braswell , Ms Lockwood stated Drucker & Falk would manage the apartments and the amenities would be included in the rental price She also stated the amenities would be ready and available for use when the first apartments are rented At the request of Chairman Mims , approximately thirty people in the audience raised their hands indicating their attendance for Case 10 - 12 Mod Tony Nazal , 113 Morning Mist Drive , Garner , Adams Point resident , stated he has been a resident in the Cleveland community for over 20 years and has witnessed the area's growth Mr Nazal expressed his concerns over the rezoning noticing requirements Mr Nazal stated he understands that there is a 500 ft rule for notification of surrounding properties ; however , he stated the Adams Point residents were originally part of the development and he feels they should have been notified out of courtesy Mr Nazal stated the residents of Adams Point have invested over 300,000 in their homes and they were surprised at the proposed modification request Mr Nazal continued that a development of this nature is more suited for Cary , North Carolina and he expressed his objection to the rezoning request Mr Nazal spoke on his concerns for traffic congestion and stated that although the number of vehicles per day has decreased slightly at the interchange , all the surrounding roads including Cornwallis Road , NC Hwy 50 , and NC Hwy 42 have increased due to the location of the Wal - Mart as well as three other subdivisions Mr Nazal stated Old Drug Store Road sits in the middle of the area and that according to the fact sheet in the agenda packet , the DOT traffic count notes 6,400 vehicles per day on Old Drug Store ; however , he stated in reviewing the actual DOT traffic numbers , the counts denote 6,400 vehicles per day at one end of the road and 7,100 at the other end which totals 13,500 Mr Nazal continued that there are approximately 44,000 residents in the NC Hwy 210 I - 40 NC Hwy 42 area and approximately 25,000 residents just down from that area Mr Nazal stated he disagrees that another TIA is not necessary and that the proposed multifamily development warrants another analysis Mr Nazal stressed that there is a significant population in the area with very little infrastructure to support the growth Mr Nazal asked the Board to consider the factors he has presented and stated the proposed project does not fit in the area Mr Nazal stated the residents are strongly opposed and he presented a Petition in Opposition to the Board petition is on file in the Clerk to the Board's Office Mr Nazal expressed concerns over the apartment complex failing and then being converted to subsidized housing Deborah Bowen , 1416 Fieldtrial Circle , Garner , Adams Point resident , stated her family makes their home in Adams Point Subdivision and they are opposed to the rezoning Ms Bowen stated the proposed project will highly affect the area schools as well as their property values and she does not think the project is needed Edmond Hughes , 236 Fieldtrial Circle , Garner , Adams Point resident , stated he moved to Johnston County from Florida for employment reasons Mr Hughes stated he loves the community and he sees the proposed multifamily use hurting the surrounding property values Mr Hughes stated their property values will decrease if the apartments are constructed Shaun Stroud , 386 Adams Point Drive , Garner , Adams Point resident , stated he has heard that there will be additional apartments constructed behind the Lowes in the area and on Glen Road and he feels that adding more apartments to the area will only make the traffic situation worse PagePage pageNumber6678 January 3 , 2012 - 6 00 pm Continued Mr Stancil readdressed the Board and stated that he does not believe the apartment complex will affect the value of the surrounding homes Mr Stancil stated when the Adams Point residents purchased their homes , multifamily dwellings were already a part of the proposal for the development and he is only wanting to increase the number of multifamily homes by 50 additional units Mr Stancil stated he cannot see how 50 additional multifamily units will affect the value of the adjacent homes when multifamily was already a part of the plan Mr Gray stated based on the 2010 approval , the proposed modification would have a net increase of 52 lots which is under the 100 - lot requirement for a new TIA as was considered by the Planning Board Mr Gray reported that regarding noticing requirements , staff is required by North Carolina General Statutes to send notices to all property owners located within 500 ft of the subject site He added that staff does not send notices out farther than the 500 ft rule , even when there is known potential opposition , so as not to treat cases differently or possibly discriminate against the applicant Mr Gray pointed out that the rezoning public hearing is advertised twice in the newspaper and a sign is posted at the property Mr Gray clarified that the DOT traffic counts on Old Drug Store Road were 6,400 vehicles per day in 2007 ; however , the count is now 5,900 based on the latest information available from 2009 Mr Gray referenced the traffic counts mentioned by Mr Nazal from two different locations on Old Drug Store Road and he clarified that the counts are not to be added together when they are on the same road Mr Gray reported the Planning Board recommended approval Chairman Mims asked how many people attended the Planning Board meeting for the case Mr Gray stated he was unsure of how many people attended the Planning Board meeting for Case 10 - 12 Mod ; however , he stated one person spoke in opposition who lived in another subdivision At the inquiry of Commissioner Carver , Mr Gray reported the difference in the project is that originally , townhomes were planned ; however , now the applicant is proposing apartments Commissioner Carver commented that he is hearing the significant concerns are because apartments are now being proposed rather than townhomes as well as how that change affects traffic congestion and surrounding property values Commissioner Carver commented that the area is a prime example of a community that needs to incorporate so they can control their own growth Commissioner Carver stated he has more questions than answers and perhaps it should be sent back to the Planning Board for review Commissioner Wade M Stewart referenced the Town of Archer Lodge and stated Archer Lodge is a community that strived to be in charge of their own destiny and was successful in their incorporation efforts Commissioner Stewart stated the Board has encouraged the Cleveland community to incorporate to no avail He stated by far , the Cleveland Community is the largest unincorporated town in Johnston County and he suggested the residents consider incorporating Commissioner Cookie Pope agreed with Commissioner Carver that there were still many questions and perhaps the Board needed more time to consider it There being no further comments , the Chairman closed the Rezoning Hearing for Case 10 - 12 Mod Further Discussion by the Board Commissioner Tony Braswell asked what the Board would want to see differently other than perhaps a new TIA Commissioner Braswell acknowledged that the project has changed a number of times ; however , he stated the plans for the Mixed Use Planned Development have been there and , as he understands from the Planning Director , the reduction in the commercial acreage would reduce the anticipated traffic count Chairman Allen L Mims , Jr referenced earlier comments by Commissioner Wade M Stewart regarding incorporation and stated that people wanted to move to the area to the point where it has become a small town and it is difficult for the Commissioners to figure out how to provide County services to municipality type densities Commissioner Wade M Stewart agreed with Commissioner Braswell that he also does not know what else the Board could ask the Planning Board to review Commissioner DeVan Barbour stated he sits on the Planning Board and that the issues raised at this meeting were not brought up at the Planning Board meeting He added that if the case is sent back to thePagePage pageNumber7679 January 3 , 2012 - 6 00 pm Continued Planning Board , the Commissioners would need to give specific instructions on what to review such as traffic , statement of values , etc Commissioner Stewart suggested if a new TIA is requested , then perhaps it should be for the Commissioners to review only and not send the request back to the Planning Board Planning Director Berry Gray offered to review additional information with the Board regarding traffic counts The Chairman reopened the public hearing for Case 10 - 12 Mod Planning Director Berry Gray stated based on the Trip Generation Manual that is produced by the Institute of Traffic Engineers and is used by traffic engineers when performing TIA's , if the current zoning was to remain , in which the applicant would be able to develop without further approvals , a maximum traffic count of 15,932 vehicles per day is anticipated Mr Gray further stated that the proposed modification to the rezoning currently under consideration , with the reduction in commercial and increase in multifamily dwellings , would generate approximately 9,234 vehicles per day Therefore , Mr Gray stated that if the Board were to deny the request and leave the subject site zoned as is , a significant amount of potential traffic would be generated if maximum commercial usage was developed on the property such as a fast food restaurant Commissioner Tony Braswell referenced the modifications in 2006 and 2010 and asked if there were concerns regarding traffic during those modification requests Mr Gray stated he could not remember specific concerns regarding traffic during 2006 and 2010 ; however , he stated when the Planning Board reviewed the current petition , they discussed the TIA and the Planning Board member that is a traffic engineer verified that the proposed plan would reduce the amount of traffic Mr Gray confirmed that based on the original approval and the modifications , the traffic increase will be based on an additional 52 multifamily units under the modification being considered Mr Gray reported that single family dwellings generate approximately 9 trips per day , apartments generate 67 trips per day and townhomes generate 5 trips per day , based on the Trip Generation Manual Commissioner Wade M Stewart commented that it has been five years since the approval in 2006 and he feels that the residents in the area had probably hoped the property would stay undeveloped and he could understand their feelings Commissioner Stewart continued that based on the facts that he has heard , the traffic increase will actually be less under the new proposal Tony Nazal , 113 Morning Mist Drive , Garner , Adams Point resident , readdressed the Board and stated according to the DOT Average Daily Traffic Count information , it denotes 6,400 and 7,100 vehicles per day on Old Drug Store Road ; however , he stated that focus should also be on how much traffic is generated on surrounding roads Mr Nazal stated in 2007 the ADT counts denoted 15,000 and 27,000 vehicles per day at the intersection with Old Drug Store Road and in 2010 the counts denoted 18,000 and 26,000 in the same areas Mr Nazal stated there are three new subdivisions , a Wal - Mart , and three schools with mobile classrooms in the area and the area is overdone Mr Nazal stated they are not against growth ; however , they want growth that is managed in the right way Commissioner DeVan Barbour asked the audience members if they were aware that multifamily dwellings were already a part of the development noting that without any further approvals , the developer could already construct multifamily dwellings townhomes Audience members indicated they were unaware that multifamily dwellings were already part of the planned development Commissioner Stewart reiterated the need for the residents in the area to get together and incorporate There being no further comments , the Chairman closed the Rezoning Hearing for Case 10 - 12 Mod Decision on Rezoning Case 10 - 12 Mod Case 10 - 12 Mod Petition to modify a 143 acre portion of a 4427 acre Master Plan of a Mixed Use Planned Development located along Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential - Special Use District AR - SUD and GeneralPagePage pageNumber8680 January 3 , 2012 - 6 00 pm Continued Business - Special Use District GB - SUD to Agricultural Residential - Special Use District AR - SUD Tax ID 06D01015F , 06D01015X Owner Son - Lan Shipwash LLC , Vision Properties and Investments Applicant IOM , Inc Developers - Freddie Stancil Motion Commissioner Wade M Stewart moved the Board approve rezoning case 10 - 12 Mod to rezone a 143 acre portion of a 4427 acre Master Plan of a Mixed Use Planned Development located along Old Drug Store Road in Cleveland Township from Agricultural Residential - Special Use District and General Business - Special Use District to Agricultural Residential - Special Use District Commissioner Tony Braswell seconded the motion Further Discussion Commissioner Jeffrey P Carver stated that he believed something could be worked out with the conditions during the special use portion of the hearing to address the concerns by the area residents Commissioner Carver commented that he believes some of the details could have been worked out before the request came to the Board of Commissioners Commissioner Tony Braswell stated he is not insensitive to the concerns by the area residents ; however , he stated the Board must consider the request as it is presented and must make the best decision based on the evidence presented Commissioner Carver stated he has seen some apartment complexes that are nicer than some subdivisions and it is all about the product that is being built Commissioner Braswell stated that there can perhaps be stigmas placed on apartments ; however , he referenced the slideshow presentation from the applicant and noted that there were some great amenities planned for the development Chairman Allen L Mims , Jr noted the Board could add a special use condition requiring the multifamily units to be constructed in accordance with what was presented in the slideshow Commissioner Cookie Pope agreed that if the rezoning is approved , she wants to make sure that the developer builds what has been proposed Vote The motion carried by the following vote Ayes Commissioners Allen L Mims , Jr , Jeffrey P Carver , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioner Cookie Pope The Chairman opened the Special Use Hearing for Case 10 - 12 Mod Case 10 - 12 Mod To allow for a Planned Development Mixed Use modification Owner Son - Lan Shipwash LLC , Vision Properties and Investments Applicant IOM , Inc Developers - Freddie Stancil Those wishing to speak on Special Use Case 10 - 12 Mod were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a modification of the Mixed - Use Planned Development to include multifamily units and reduce the acres of commercial development Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 12 MOD on September 30 , 2011 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 PagePage pageNumber9681 January 3 , 2012 - 6 00 pm Continued • 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 15 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 12 MOD and made the following recommendations Upon a motion by Mr Edwards to approve the rezoning , seconded by Mr Gathers and carried by a unanimous vote of 7 - 0 , the Planning Board recommended approval of Rezoning for Case 10 - 12 Upon a motion by Mr Smith to approve the Special Use Conditions , seconded by Mr DeLaine , carried by a unanimous vote of 7 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 10 - 12 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant All environmental regulations will be met such as retention pond for stormwater runoff The project will be served by public water and public sewer Staff The modification is designed to maintain the public health , safety and general 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 ; Applicant The site will meet the code by limiting the apartment units to less than 16 units ac All state and or federal environmental regulations will be met or exceeded such as stormwater and erosion control Staff The proposed modification meets the requirements and complies with the use and intensity regulations as set forth in the Land Development Code 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 The project will provide apartment living to an area that is currently lacking apartment options These will be up - scale apartments with a pool Staff This development plan provides residential development within an approved commercial zone which will help integrate this development into the community 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 The proposed development offers easy access to major transportation networks and conforms with the Land Development Code and the County's Land Development Plan Staff Applicant's development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Mixed Use PUD Site Plan Modification Special Use Conditions 1 Permitted Uses Planned Development Mixed Use with 138 148 single family dwelling units , 204 multi - family units , and 582 984 acres of commercial development 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 , for all undeveloped commercial lots 4 Installation of a landscape buffer within a landscape easement in accordance with LDC Sec 14 - 257 L and the County's Design Manual 5 The developer shall establish a maintenance agreement for the landscape buffering 6 Building setbacks in accordance with LDC Sec 14 - 257 L and as provided by the developer Residential Area Front 10 ' , Side 5 ' , and Rear 10 ' 7 Commercial Uses shall be in accordance with LDC Sec 14 - 257 L , and designated GB - SUD by metes and bounds description on the County's Zoning Atlas 8 Provide entrance and street signage 9 All lots shall access internal streets 10 Cul - de - sac lots must have 20 ' road frontage 11 Complete improvements or provide performance guarantee 12 Temporary turn around will be constructed at the end of all stub out streets 13 Provide stub out road signage in accordance with LDC Sec 14 - 226 g 14 No additional commercial or residential driveways shall be allowed on Old Drug Store Road 15 Only 75 of the lots will be permitted for construction of homes until the streets are accepted by NCDOT for maintenance into the state system LDC Sec 14 - 226 7 16 Establish private road maintenance agreement for townhome area 17 A revised driveway permit and subdivision design approval must be obtained prior to construction Page0682 January 3 , 2012 - 6 00 pm Continued 18 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 19 Within the commercial area signage shall be in accordance with the signage code 20 Subject to the County's Water and Sewer Policy 21 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 22 Soil Erosion & Sedimentation Control Plan required 23 Stormwater Management Plan required 24 The developer shall establish a maintenance agreement for the stormwater features and the retention pond 25 Fee - in - lieu of open space shall be paid prior to final plat approval items in bold are proposed additions items with strikethrough are proposed to be removed Mr Gray listed and reviewed each of the special use conditions with the Board At the inquiry of Chairman Allen L Mims , Jr , Mr Gray reported that , regarding condition # 4 - installation of landscape buffer - the landscape buffer width along the road frontage Old Drug Store Road is 15 ft , internal streets are 10 ft , and internal property lines are 5 ft He stated the building setbacks are the same and will be in addition to the landscape buffers Mr Gray also noted there is a riparian buffer that runs along the common property line with the existing Adams Point residential development which consists of a 50 ft buffer along both sides of the stream ; therefore , there is technically a 100 ft buffer in between the subject site and the residents of Adams Point Upon a question by Commissioner Cookie Pope , Mr Gray stated there will still be some commercial development along Old Drug Store Road Commissioner Wade M Stewart noted that traffic has already been discussed during the rezoning hearing and he asked if the North Carolina Department of Transportation had given any consideration with regards to the installation of a traffic signal where the internal street connects to Old Drug Store Road Mr Gray stated the DOT will require an updated driveway permit and will at that time review the traffic counts to determine if and what additional improvements will be needed He stated anytime the use is changed , an updated driveway permit is required by the DOT whether there is an existing driveway or not Mr Gray confirmed that the DOT will be the agency that determines if a traffic signal is needed Applicant Freddie Stancil of IOM , Inc Developers , 466 Stancil Road , Angier , confirmed that he has reviewed the special use conditions and is comfortable with them Mr Stancil stated that they intend to build a product comparable to what was shown in the slideshow presentation during the rezoning hearing and they are not trying to hurt the area Mr Stancil stated the modification will create less traffic than was originally planned Mr Stancil stated they have worked hard on the development and believe it will work in the community Mr Stancil reported his management team has done their due diligence and they say the project will work Commissioner Stewart stated no one wants a scenario where a nice apartment complex is constructed , as was shown in the slideshow presentation , only for the complex later to become subsidized He asked if the Board could add a requirement to prevent the apartments from becoming government subsidized in the future without coming back to the Board for approval Mr Gray reported he did not believe the Board could add such a requirement Mr Gray referenced a past case Crosland Development whereby the Board added a condition that the development would be constructed per the slideshow presentation that was presented to the Board at that meeting He indicated a similar condition could be added to Case 10 - 12 Mod Keith Roberts , 202 Bonica Creek Drive , Garner , informed the Board that he will be the site planner and civil engineer on the proposed project Mr Roberts stated anytime a commercial plan is changed to a residential multifamily use there is a reduction in traffic He noted that the project will obtain an updated driveway permit as is required from the DOT and that all road improvements previously installed were based on a commercial use ; therefore , he does not believe that additional improvements will be needed Mr Roberts spoke on the environmental impact to the property and noted that when modifying the use to residential multifamily from commercial , all the environmental concerns will be less with regards to stormwater , wastewater matters , impervious surface areas , etc Page1683 January 3 , 2012 - 6 00 pm Continued Jeff Sobas , 142 Fawn Hill Ct , Garner , Adams Point resident , addressed the Board and stated that regarding the appearance of the apartments , the proposed building materials do not match the existing neighborhood Mr Sobas continued that the apartments would be an obstruction of site and would go against what is already in the area and surrounding Mr Sobas stated the developer is proposing brick and vinyl construction materials and that the covenants of Adams Point Subdivision do not allow any vinyl on their homes He added that instead of vinyl , the covenants for Adams Point require Hardiplank Mr Sobas expressed concerns regarding property values and stated when he moved into Adams Point , he was told by the realtor that there would be no townhomes in the neighborhood and only single family homes Mr Sobas stated that he acted on faith and was burned Mr Sobas expressed concerns that if the apartments are not able to be rented at the rates as proposed by the developer , then the rent will be lowered Mr Sobas stated that there have been many things done on faith but the developer has changed his plans to sell whatever he believes will sell He stated Adams Point was promised and coveted for specific homes and that has now changed Mr Sobas expressed concerns that the multifamily use was hidden from the Adams Point residents Mr Sobas referenced earlier comments regarding the riparian buffer and expressed concerns that the line of trees will be cut along the buffer Mr Sobas stated he believes the best interests of the developer are being considered and not the residents of Adams Point Upon a question by Chairman Mims , Mr Gray reported that the subject site was part of the Adams Point Subdivision in 2004 when it was approved ; however , in 2006 when the subject site was rezoned , it was no longer tied in with the residential portion of Adams Point Chairman Mims stated that although enforcement of covenants is left up to the homeowners through civil action and not through the County , it would be good for the Board to review a copy of the covenants Commissioner Stewart referenced earlier concerns regarding the riparian buffer as well as access points and connections to Adams Point and asked for more information Mr Gray reported there is one connection into Adams Point which is a paved road and it should be the one and only connection with no other plans for another connection Mr Gray stated the riparian buffer is regulated by the North Carolina Department of Environment & Natural Resources and is part of the Neuse River buffer rules He stated that if the buffer is ever removed , the State would impose heavy fines and require the offender to restore the property to its original condition Chairman Mims referenced the retention pond on the site plan and asked if the pond holds water Mr Gray reported the pond is a stormwater pond that releases water slowly to handle drainage for the site He stated a stormwater plan will be required Mr Gray reported the Planning Board recommended approval He stated the Board could add a condition that the multifamily dwellings shall be constructed to the same or similar design and architectural appearance per the photographs provided by the applicant in the slideshow at the public hearing and on file at the Planning Department Chairman Mims stated the Board could require Hardiplank versus vinyl siding in the conditions Chairman Mims asked if any minimum requirements could be placed on the rent County Attorney David Mills stated he believed the Board could require Hardiplank versus vinyl siding ; however , he advised that he did not believe the Board had the authority to set conditions on the rent There being no further comments , the Chairman closed the Special Use Hearing for Case 10 - 12 Mod Discussion There was brief discussion regarding requiring Hardiplank versus vinyl siding and it was noted that Hardiplank is a brand rather than a material ; therefore , Commissioner DeVan Barbour suggested adding a condition that the construction materials for the multifamily dwellings shall be consistent with the covenants in Adams Point Subdivision Commissioner Jeffrey P Carver agreed that the condition would be a concession for the homeowners He acknowledged that not everyone will get what they want ; however , the Board must consider the concerns of the neighboring homeowners as well as the developer Page2684 January 3 , 2012 - 6 00 pm Continued Decision on Special Use Case 10 - 12 Mod Case 10 - 12 Mod To allow for a Planned Development Mixed Use modification Owner Son - Lan Shipwash LLC , Vision Properties and Investments Applicant IOM , Inc Developers - Freddie Stancil Based on the findings of facts and revised special use conditions as listed below , Commissioner Wade M Stewart moved the Board approve the modification to the special use permit to allow for multifamily on 143 acres of a 4427 acre Master Plan of a Mixed Use Planned Development located along Old Drug Store Road in Cleveland Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff's recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Planned Development Mixed Use with 138 single family dwelling units , 204 multi - family units , and 582 acres of commercial development 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 , for all undeveloped commercial lots 4 Installation of a landscape buffer within a landscape easement in accordance with LDC Sec 14 - 257 L and the County's Design Manual 5 The developer shall establish a maintenance agreement for the landscape buffering 6 Building setbacks in accordance with LDC Sec 14 - 257 L and as provided by the developer Residential Area Front 10 ' , Side 5 ' , and Rear 10 ' 7 Commercial Uses shall be in accordance with LDC Sec 14 - 257 L , and designated GB - SUD by metes and bounds description on the County's Zoning Atlas 8 Provide entrance and street signage 9 All lots shall access internal streets 10 Cul - de - sac lots must have 20 ' road frontage 11 Complete improvements or provide performance guarantee 12 Temporary turn around will be constructed at the end of all stub out streets 13 Provide stub out road signage in accordance with LDC Sec 14 - 226 g 14 No additional commercial or residential driveways shall be allowed on Old Drug Store Road 15 Only 75 of the lots will be permitted for construction of homes until the streets are accepted by NCDOT for maintenance into the state system LDC Sec 14 - 226 7 16 A revised driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 Within the commercial area signage shall be in accordance with the signage code 19 Subject to the County's Water and Sewer Policy 20 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 21 Soil Erosion & Sedimentation Control Plan required 22 Stormwater Management Plan required 23 The developer shall establish a maintenance agreement for the stormwater features and the retention pond 24 Fee - in - lieu of open space shall be paid prior to final plat approval 25 Multi - family dwellings shall be constructed to the same or similar design and architectural appearance as those shown in the photographs provided by the applicant in the slideshow at the public hearing and on file in the planning department 26 Building materials for the multi - family shall be consistent with those allowed in the covenants of Adams Point Subdivision The Board took a five minute recess 3 Second Vote - Panhandling and Loitering Ordinances - Johnston County Code of Ordinances Chairman Allen L Mims , Jr stated that the Board voted on the proposed panhandling and loitering ordinances at the December 2011 meeting ; however , because the vote was not unanimous a second vote is required Chairman Mims noted that Four Oaks Mayor Linwood Parker had voiced concerns during Public Comment Chairman Mims commented that it is his understanding that the Town of Smithfield already has a panhandling ordinance in place County Attorney David Mills confirmed that the Town of Smithfield does have a panhandling ordinance in place , but it is his understanding that it may not always be enforced Page3685 January 3 , 2012 - 6 00 pm Continued Commissioner Tony Braswell stated the County had received a letter from the American Civil Liberties Union of North Carolina ACLU and he asked the County Attorney to comment Mr Mills stated the letter received from the ACLU questions the constitutionality of the proposed ordinances Mr Mills recalled from previous conversations that begging has been established as constitutionally protected free speech which means it cannot be prohibited Mr Mills continued that panhandling can be regulated so long as the regulation is narrowly tailored , provides for an alternative method , serves a governmental interest , and is content neutral He added ordinances that limit certain types of panhandling such as aggressive panhandling and panhandling within certain distances of banks ATM machines , in his opinion , are enforceable Mr Mills stated the concerns by the ACLU are with the frequency in which the permit must be requested , the requirement of a criminal background check and photo id , and the permit fee Mr Mills stated while he is unsure if those components would withstand constitutional scrutiny , in his opinion , those portions of the ordinance would be the items that could be exposed to a challenge in court Upon a question by Commissioner Braswell , Mr Mills explained that the originally drafted ordinance provided for no permit fee and was renewable annually , which the Board revised at the December meeting to require a fee and for the permit to be renewable every 30 days Mr Mills stated the question is what kind of restrictions does a thirty day permit with a fee put on the applicant's free speech Commissioner Jeffrey P Carver asked about the requirements for a criminal background check and photo identification Commissioner Carver stated the County should know the identity of those that are panhandling Chairman Mims agreed with Commissioner Carver and stated the Board is charged with looking after the health , safety , and well being of the County citizens Mr Mills stated that the criminal background check and photo identification requirements were also a part of the ordinance recently adopted by Wake County which to him , demonstrates there are other counties that feel those types of requirements are legitimate Mr Mills stated it is his personal opinion that the requirement for a criminal background check and photo identification are not onerous and does not represent an undue restraint on free speech Mr Mills added that he can give his opinions ; however , the County will not know if the ordinances are enforceable unless challenged Chairman Mims referenced the remarks by Four Oaks Mayor Linwood Parker and stated that Mayor Parker and others may feel that the County is adopting an ordinance just because Wake County adopted one a few months ago ; however , he noted that the Commissioners began discussing the panhandling issue at the Board's retreat in March 2011 because of complaints that the Commissioners were receiving from citizens Chairman Mims stated the Board is reacting to complaints and concerns received from the citizens and not just because Wake County enacted an ordinance Mr Mills agreed with Chairman Mims and noted that he drafted a proposed ordinance before the County became aware of Wake County's efforts Commissioner Cookie Pope noted that Four Oaks Mayor Linwood Parker requested the Board to consider meeting with the other Mayors in the County and she asked about the thoughts of her fellow Commissioners Commissioner Pope stated she recognizes that the municipalities are separate entities Chairman Mims stated he has spoken with two Clayton Councilmen who indicated they were fine with what the County adopted in December and if Clayton needed to address the issue then the Clayton Council would take up the matter There was brief discussion by the Board as to whether another public hearing needed to be held to allow for comment on any revisions to the ordinance , as well as whether the vote on a revised ordinance needed to be unanimous Following the discussion , the County Attorney asked the Board to proceed with the next item on the agenda and allow him a few minutes to research if another public hearing needed to be held as well as if the ordinance would pass on a majority vote Note The Board proceeded with Item 4 Johnston County Emergency Services Presentation on the agenda Following the conclusion of Item 4 , the Board resumed discussion on the panhandling ordinances as follows Page4686 January 3 , 2012 - 6 00 pm Continued County Attorney David Mills informed the Board that in his opinion , the Board could have a second vote on an amended ordinance and no further public hearing would be required as well as the ordinance would pass with a majority vote Commissioner Jeffrey P Carver moved the Board adopt the panhandling and loitering ordinances as originally presented , with the permit being valid for one year and being free of charge effective January 15 , 2012 ordinance text follows Commissioner W Ray Woodall seconded the motion which carried by the following vote Ayes Commissioners Allen L Mims , Jr , Jeffrey P Carver , Cookie Pope , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioner Wade M Stewart Sec 16 - 4 - Public solicitation and begging regulated a Definitions Accosting approaching or speaking to an individual or individuals in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his or her person , or upon property in his or her immediate possession Beg , solicit or panhandle use of the spoken , written , or printed word , or other acts as are conducted in the furtherance of the purpose of immediately collecting contributions for the use of ones self or others As used in this ordinance , the word solicit , and its forms , includes begging and panhandling Financial Institution any bank , industrial bank , credit union , savings and loan , or automated teller machine Forcing oneself upon the company of another 1 Continuing to solicit in close proximity to the individual addressed after the person to whom the solicitation is directed has made a negative response , either verbally , by physical sign , by attempting to leave the presence of the person soliciting , or by other negative indication ; 2 Blocking the passage of the individual solicited ; or 3 Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation b Prohibited acts 1 It shall be unlawful for any person to beg , solicit , or panhandle , as defined in subsection a , above a By accosting another , or by forcing oneself upon the company of another ; b Within 100 feet of any financial institution ; c Within 20 feet of any bus stop , train station , or taxi stand ; d Within 20 feet of any commercial establishment which is open for business ; e While the person being solicited is standing in line waiting to be admitted to a commercial establishment ; f By touching the person being solicited without that persons consent ; g By blocking the path of a person being solicited or blocking the entrance or exit to any building or vehicle ; h By following the person who has been solicited after that person has declined the request or walked away ; i By or with the use of threatening , profane , or abusive language , during the solicitation or following an unsuccessful solicitation ; j By or with the use of any gesture or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation ; k Between the hours of 8 00 pm and 6 00 am ; l While under the influence of alcohol or after having illegally used any controlled substance , as defined in the North Carolina Controlled Substance Act ; m By using false or misleading information such as stating that the donation is needed to meet a specific need which does not exist , is already met , or when the requestor already possesses the funds necessary to meet the stated need ; or such as representing that the solicitor is a veteran when the requestor is in fact not a veteran of the military ; n By indicating that the solicitor or any member of his family suffers from a physical or mental disability when such information is false ; o Without having and displaying a valid permit as required by Section 16 - 6 c Penalty A violation of this ordinance is a misdemeanor as set forth in North Carolina General Statute Section 14 - 4 State law reference - Authority to prohibit or regulate begging , GS 160A - 179 Sec 16 - 5 - Loitering a In this section , the following words and phrases shall have the meanings respectively ascribed to them Public place shall mean any place to which the general public has access and a right of resort for business , entertainment or other lawful purpose , but does not necessarily mean a place devoted solely to the uses of the public Page5687 January 3 , 2012 - 6 00 pm Continued It shall also include the front or immediate area of any store , shop , restaurant , tavern or other place of business and also public grounds , areas or parks b It shall be unlawful for any person to loiter , loaf , wander , stand or remain idle either alone or in consort with others in a public place with the intent to , or in such a way as to 1 Obstruct any public street , public highway , public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles , traffic or pedestrians ; or 2 Obstruct the entrance to any business establishment , without so doing for some lawful purpose , if contrary to the expressed wish of the owner , lessee , managing agent or person in control or charge of the building or premises When any person causes or commits any of the conditions in this section , a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse Any person who fails or refuses to obey such orders shall be guilty of a violation of this section c A violation of this ordinance is a misdemeanor as set forth in North Carolina General Statute Sec 14 - 4 Sec 16 - 6 - Permit Requirement to Beg , Solicit , or Panhandle on Public Property a It shall be unlawful for any person to beg , solicit , or panhandle within the road rights - of - way or other public property without first obtaining a valid permit , which shall be issued without fee by the Sheriff of Johnston County , or his designee A permit shall be valid for one year from the date of issuance , or until some other date specified on the permit , or until the permit is revoked If a person's permit is revoked for any reason , that person shall be ineligible for a permit for a period of two 2 years from the date of revocation Any revocation of a permit may be appealed to the Sheriff , or his designee , if the appeal is taken within ten 10 days of notice of the revocation b A permitee shall keep the permit about his or her person and shall display it at all times 1 A person is not eligible for a permit or renewal of a permit if within the two - year period prior to application a The applicant has one or more violations of this Chapter ; b The applicant has been convicted of one or more offenses under the law of any jurisdiction which involves either misdemeanor or felony assault , communicating threats , illegal use of weapons , or other violent crime ; or c The applicant has been convicted of one or more offenses under the law of any jurisdiction which involves either misdemeanor or felony crimes relating to or in the nature of larceny , embezzlement , theft , obtaining property by false pretenses , or racketeering 2 The sheriff shall provide the licensee with a copy of this Chapter at the time a permit is issued or renewed 3 Any person who makes any false or misleading statement while applying for a permit is guilty of a misdemeanor Upon receipt of information of such a violation , the Sheriff shall decline to issue a permit to the applicant or shall revoke the permit if already issued The applicant or permit holder shall thereafter be ineligible for a permit for a period of two 2 years c Permit Procedure 1 The applicant shall submit an application to the Sheriff along with a valid state - issued photo identification The Sheriff shall perform a criminal background check to determine eligibility of the applicant The permit shall be valid for one 1 year or until disqualified or revoked 2 Any permit issued under this article is non - transferable 3 Any party who disagrees with the Sheriff's decision to deny or revoke a permit shall have the right to an appeal to the Sheriff , if such appeal is requested in writing or in person at the office of the Sheriff within ten 10 days of the denial or revocation The Sheriff shall schedule an in - person conference with the appealing party to be held not later than the end of business on the second business day following the request for an appeal The Sheriff shall issue a final decision within 24 hours of the conclusion of the conference A party aggrieved by the Sheriff's final decision may appeal the decision to the Board of Adjustment by delivering a written request for an appeal to the Clerk of the Board of Commissioners within ten 10 days of the Sheriff's final decision d As used herein , the term " Sheriff " shall include the Sheriff and such person as the Sheriff may from time to time designate to act in the Sheriff's stead for purposes of this Chapter e The permit requirements herein shall not apply to a person soliciting , begging , or panhandling on private property if the solicitor has the permission of the property owner 4 Johnston County Emergency Services Presentation Emergency Management Coordinator Darrell Alford introduced Mr Jim Groves with Home Run Consulting Mr Alford stated Mr Groves would be presenting an overview of a full scale disaster preparedness training exercise that was conducted on November 12 , 2011 at the Selma Oil Terminals Mr Alford informed the Board that there were many people and agencies involved with the exercise and he thanked Trans MontaignePage6688 January 3 , 2012 - 6 00 pm Continued Terminal , Norfolk Southern Railroad , the County Emergency Services staff including Director Kim Robertson , Assistant Director Fire Marshal Chris Perry , EMS Division Chief Josh Holloman as well as Smithfield EMS Division Chief Billy Langston , Kenly Fire Chief Paul Whitehurst , Selma Fire Chief Phillip McDaniel , and Selma EMS Chief Angela Piper Mr Groves stated the exercise was funded with federal funds that were passed through the State Homeland Security Grant Program with no cost to the County He explained that Johnston County Emergency Services made application for the grant to conduct the exercises and was approved in November 2010 Mr Groves reported the exercises are conducted in an effort to determine how the local emergency personnel would respond in a disaster which creates eye - opening conversations and good lessons He stated the full scale exercises are very realistic and include moving people and apparatus as well as calls coming in to the 911 Center Mr Groves reported the exercise was an eight month planning process that consisted of ten organizations on the exercise planning team He noted the exercise gives the local emergency personnel a chance to learn if the exis