May 4, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 556 Meeting of the Johnston County Board of Commissioners May 4 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 4 , 2015 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell called the meeting to order at 6 00 pm and the following business was transacted 1 Johnston County Schools – Property Purchase for Future New Middle School Board of Education Chairman Larry Strickland appeared before the Board to request approval of the purchase price for property located on Norris Road in the Cleveland area of Johnston County for a new middle school Mr Strickland thanked the Commissioners for all they do for the children in Johnston County and for their partnership with the Board of Education Mr Strickland explained that Johnston County Schools has identified a site in the Cleveland area for a new middle school which was proposed in the last bond issue He stated this will be the seventh school in the Cleveland area and they have identified a tract of land that consists of 45 acres Mr Strickland reported with the other six schools in the area , the average purchase price for land on those sites is 15,976 per acre The 45 acres identified for the new middle school is located less than one mile from the intersection of Norris Road and Lee Road and they have secured an option for that property at 15,300 per acre Mr Strickland stated they can possibly build the school on 40 acres , but 45 acres would be the maximum He noted at 40 acres the purchase price would be 618,000 and if maximized to 45 acres the cost would be 660,000 Mr Strickland stated the bond issue identified the land expenditure for this future middle school at 750,000 Mr Strickland stated in their due diligence of selecting a site for the new school , they zeroed in on the Norris Road property because it is almost dead - center of the targeted area according to the Operations Research and Education Laboratory OREd Mr Strickland asked the Board to grant approval for Johnston County Schools to purchase up to 45 acres in an amount up to 660,000 for the Norris Road property for a new middle school in the Cleveland area Mr Strickland introduced Johnston County Schools Chief of Operations Patrick Jacobs and Johnston County Schools Attorney Jimmy Lawrence for any questions Commissioner Allen L Mims , Jr asked if water and wastewater is available at the proposed site Commissioner Mims also asked about grading expenses Mr Strickland responded water and wastewater is not currently at the site and it would be an additional expenditure to extend those services He stated in working with Johnston County Public Utilities , preliminary discussions have estimated the cost to extend those services on the high side at 580,000 but he understands there are efforts to lower that number Mr Jacobs stated regarding grading for the site , the back side of the property falls off greatly but the front is very high and their engineer and architect have deemed it an ideal site Mr Jacobs stated there will be some grading that has to be done but there should not be any extra cost because of the topography At the inquiry of Commissioner Ted G Godwin , Mr Jacobs stated they do not anticipate any stormwater runoff problems Commissioner Chad M Stewart asked if the Department of Transportation had reviewed the property Mr Jacobs confirmed that the Department of Transportation has been consulted and they see no issues Commissioner DeVan Barbour complimented Johnston County Schools on finding a site so close to the targeted attendance area as well as a negotiating a price for the site that is within the budget Page557 May 4 , 2015 – 6 00 pm Continued Commissioner Jeffrey P Carver asked how far the water and wastewater would have to be extended Mr Jacobs stated the water and wastewater would have to be extended approximately 7,300 linear feet and the funding would come from the bond sale Commissioner Mims asked for a timeline on construction Mr Jacobs stated they hope to begin construction as soon as possible Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver , and carried unanimously , the Board voted to authorize Johnston County Schools to purchase up to 45 acres in an amount up to 660,000 for the Norris Road Site located in the Cleveland area of Johnston County for a future new middle school 2 Public Comment A Citizen Concern – Animal Control Ordinance and Animal Care Angela Bryan , 2305 Oak Forest Road , Four Oaks , North Carolina addressed the Board regarding her concerns for the care of animals in Johnston County as well as language in the Johnston County Code of Ordinances as it relates to the definition of “ shade ” for dogs Ms Bryan spoke on situations in the County where she believes dogs are not being provided with proper shade Ms Bryan stated she believes Johnston County Animal Services has done a good job but the language in the ordinance is not enforceable She spoke on a court case last year where Animal Services lost the case because of the language in the ordinance as it relates to proper shade She spoke on her concerns regarding temperatures inside dog houses without shade Ms Bryan also spoke on Sampson County’s ordinance noting it is better than Johnston County’s and she would like to share it with the Board Ms Bryan asked to meet with representatives from the County to further discuss her concerns and possible solutions Ms Bryan stated she wants to help people in Johnston County take care of their animals Chairman Tony Braswell thanked Ms Bryan for her concerns and offered for staff to meet with her to discuss the issue further County Manager Rick Hester agreed to meet with Ms Bryan along with Animal Services Director Ernie Wilkinson regarding her concerns 3 Public Hearing – Solid Waste Disposal Funding Proposals Advertised – The Smithfield Herald – April 22 and 29 , 2015 Chairman Tony Braswell opened the public hearing and stated the purpose of the public hearing is to solicit public comment on funding proposals for solid waste disposal for Johnston County Citizens Mr Braswell stated currently citizens may purchase a 65 decal annually and affix the decal to the front windshield of their vehicle in order to dispose of trash at the convenience center sites green box sites located across the County He continued that the Board of Commissioners would like to receive citizen input on alternative proposals for funding trash disposal including but not limited to eliminating the decal system and adopting a set fee to be assessed on the annual property tax bills for improved properties ; keeping and possibly raising the decal system fee and adopting a recycling fee to be assessed on the annual property tax bills for improved properties both inside and outside of municipalities ; and any other proposals that may be brought forth and discussed during the hearing ; as well as possible related Code of Ordinance amendments Chairman Braswell called for anyone that wished to address the Board to come forward John France , 204 Granite Lane , Clayton , asked about the current revenue shortfall in solid waste County Manager Rick Hester responded the current shortfall is approximately 12 million per year which equates to approximately 800,000 for solid waste and 400,000 for recycling Mr France asked if the decision is made to add a fee to the property taxes , how renters would be addressed Chairman Braswell responded if a fee is added to the property tax bills , it would be for all improved properties and the property owners would be responsible Page558 May 4 , 2015 – 6 00 pm Continued Mr France asked if the decal system is eliminated , how the County would prevent out - of - county residents from disposing of their trash in the convenience center sites Chairman Braswell stated he is not sure there is a way to police out - of - county residents from disposing their trash at the convenience center sites if the decals were eliminated and it would have to be researched Mr France questioned what happens if he is charged a fee on his tax bill for something that he does not use He asked if the Board had considered a landfill charge and a convenience center site charge separately Mr France stated he would resent being taxed with a fee on his tax bill and then everybody would then be allowed to use the convenience center sites Mr France stated there are a lot of questions that need to be answered and thought out Nancy Medlin , Deputy Town Manager for the Town of Clayton , spoke on behalf of the Town Ms Medlin stated the Town of Clayton opposes the assessment of a solid waste disposal fee on the County tax bills because their in - town residents already pay a solid waste fee for garbage collection She explained the Town contracts with Waste Management and as they understand it , Waste Management is the largest single customer of the landfill and they currently pay 35 per ton in tipping fees which she understands is not a discounted rate Ms Medlin stated in 2014 Waste Management hauled approximately 4,500 tons from Clayton’s 5,100 residential customers Ms Medlin stated the solid waste fee that Clayton residents currently pay includes a landfill fee Ms Medlin stated they have also verified with Waste Management that they do not co - mingle the solid waste that is collected in Clayton with their other customers Chairman Braswell clarified that under the proposal that included a solid waste disposal fee on the tax bills , that solid waste disposal fee would not have been charged to residents in municipalities except for Archer Lodge and Wilson’s Mills because they do not offer trash collection services He stated the only fee that was proposed for in - town residents was a 500 recycling fee annually Ms Medlin stated the Town of Clayton also opposes a recycling fee for in - town residents as the Town already has a very aggressive recycling program which has been growing substantially CL House , Davis Mill Road , Pine Level , stated he has been buying a decal since the program began and he has had good service , but he understands the program comes up short Mr House stated there are many property owners that choose not to purchase a decal He continued that as it stands currently , there is no compulsory reason for someone to purchase a decal Mr House spoke on how people cheat the decal system by several families combining their trash and using one decal to dispose of it at the convenience centers which he does not agree with Mr House stated he would like to see a fee assessed to every property owner Mr House also suggested the Board look into putting a tax on vehicles to help pay for solid waste Chairman Braswell thanked Mr House for his comments and stated the Board does not have the authority to assess taxes on vehicles , that it would require legislative action Teeny Bizzell , 4650 Bizzell Grove Church Road , Princeton , stated he purchases a decal but he knows a lot of people who do not and they throw their trash on the roadways Mr Bizzell proposed the County approach the State Legislators and ask them to establish a 500 fee per license plate so then everyone would have to pay Mr Bizzell stated everyone has trash and everyone should pay He calculated that by putting a 500 fee on each license plate it would generate 886,000 a year and if 1000 per license plate was implemented it would generate 16 million a year which would more than take care of the problems Mr Bizzell stated this proposal would require everyone to pay and not just landowners Bruce Nichols , 1340 Little Creek Church Road , Clayton , asked why a fee has to be put on the tax bills and he proposed the Board consider a consumption fee on groceries Mr Nichols spoke on another area he visited where every time something was purchased such as a drink or items at the grocery store there was an additional disposal fee on top of the regular sales taxes Mr Nichols stated this proposal would ensure that everyone pays He asked the Board not to put a fee on the tax bills Danny Thompson , 1104 S Pleasant Coats Road , Benson , asked the Board to consider a cash basis at the convenience center sites Mr Thompson stated by going to a cash basis , everybody that uses the convenience centers would then have to pay for the trash they dispose Mr Thompson stated if the Board decides to keep the decals and raise the fee , he would prefer the fee be raised all at one time versus gradually increasing it year after year Page559 May 4 , 2015 – 6 00 pm Continued Robert Beach , 620 Ogburn Road , Smithfield , stated he is personally happy with the decal program as it is now but he understands there are problems Mr Beach stated he is not happy with all the trash on the roadways Mr Beach explained he has lived in Johnston County for four years after moving from Wake County where the fee is on the tax bills Mr Beach stated he feels it would be better to have a fee on the tax bills for everyone that is not in a municipality that already provides trash service Mr Beach stated by making trash disposal available to everyone then perhaps people would not try to cheat the system and dump their trash on the roads Mr Beach stated he supports putting a fee on the tax bills with adjustments for those that live in municipalities who already have trash service Joan Jones , 507 N Raiford Street , Selma , stated she pays 25 per month in Selma for trash service and as she understands under the proposal , they would not have an additional solid waste fee on their tax bill Ms Jones stated she has personally witnessed haulers mix recyclables and solid waste items all in the same bin and she asked what the point is for a recycling fee when it is all mixed Commissioner Jeffrey P Carver stated if Ms Jones has a private hauler that is mixing the recyclables with the other trash then that is a question for the hauler to answer Warren Grimes , 1215 Walnut Drive , Smithfield , stated he was in the solid waste business for 22 years including working for Johnston County as the Solid Waste Manager many years ago Mr Grimes provided the Board with a history of solid waste in Johnston County noting at first many years ago the County put out dumpsters in 85 different locations across the County which was eventually consolidated to 12 manned convenience center sites He stated once the convenience centers were opened the County proposed charging tipping fees at the landfill and the private haulers expressed their displeasure at being charged a tipping fee when residents were going to be allowed to take their trash to the convenience centers for free He continued the solution to that complaint was to create the decal program and the decals were priced to cover the disposal cost of the waste but he stated the decal revenue was never intended to cover the operating costs of the convenience centers such as the attendants ’ salaries , equipment , transportation , etc Mr Grimes stated the point of the convenience centers was to benefit all the residents of Johnston County in an effort to prevent littering as much as possible ; therefore , the site operations were to be covered out of the general fund tax revenues Mr Grimes stated he has been reading in the newspapers and as he understands it , the County is looking at the decal fee to pay for all of the costs associated with the convenience centers which was never the way it was intended to be James Mitchell , 965 Campground Road , Selma , stated he believes in putting a fee on the County tax bills ; however , he asked about how renters would be accounted for in mobile home parks Mr Mitchell expressed concerns over how the mobile home lots would be addressed Richard Upton , 5 Hazelwood Court , Smithfield , stated he does not use the convenience centers ; therefore , he does not want to have to pay for something he does not use Mr Upton stated he is taxed enough already and it is up to the Board to use those tax dollars efficiently He stated for those that use the convenience centers they should have to pay for it but for those that do not they should not have to pay for it Mr Upton stated no matter what is done , there will still be trash on the roadways Mr Upton stated this is a business decision the County needs to consider and he is not in favor of adding a fee to the tax bills Ray Jernigan , 3464 Stevens Sausage Road , Smithfield , asked if a fee is put on the property tax bills who specifically would be taxed Commissioner Allen L Mims , Jr , stated under the proposal that included a solid waste fee on the tax bills , that fee was proposed for improved properties only and not for vacant land or farmland JB Williams , Government Road , Clayton , stated he owns 11 separate pieces of property and he does not see it being fair for him to pay for other people’s trash disposal with a fee on the tax bills Mr Williams stated he is against putting a fee on the tax bills Linda Parrish , Brogden Road , Smithfield , stated she owns several properties and she has purchased a decal since the program began Ms Parrish stated her problem is that she is paying over 200 a month for a dumpster for her tenants because she cannot force them to buy a decal Ms Parrish asked how such arrangements would be considered if a fee was put on the tax bills Ms Parrish stated she does not want to have a fee on the tax bills and she is for a point of purchase system James Massengill , 225 Unity Church Road , Four Oaks , stated he owns 31 acres under four separate deeds with two vacant houses plus the house he lives in and he does not feel he should have to pay taxes on thosePagePage pageNumber5560 May 4 , 2015 – 6 00 pm Continued vacant houses that are not generating any waste Mr Massengill stated he is willing to buy a decal but he does not want to pay a tax for something that he does not use Valton Renfrow , 5344 US 70 Business W , Clayton , stated he was in the garbage business for 18 years in Wake County and he has researched the situation and gathered information from surrounding counties which he has shared with the County Mr Renfrow stated if a fee is put on the property tax bills and the property is a rental property , then the property owner should pass that fee onto the renter Mr Renfrow spoke on surrounding counties where he has owned property before and noted he was charged a fee on his tax bill for solid waste in those counties and he noted that no one is complaining in those counties about that fee on their tax bills Mr Renfrow stated putting a fee on the tax bills will not hurt the private haulers and noted when he was a collector he only lost three customers in another county when a fee was put on the tax bills Mr Renfrow spoke on how recycling is handled in other counties There being no further public comments , Chairman Braswell called for staff to come forward and address some of the questions that were raised by the citizens during the comments Johnston County Director of Solid Waste Rick Proctor stated with regards to recycling it is costly to manage He explained the County gets some reimbursement depending on what the item is , but for most items there is little or no reimbursement Mr Proctor spoke on all that is involved with recycling and how the reimbursements have decreased over the years creating an overall debt with the program Johnston County Public Utilities Consultant Kim Rineer stated regarding mobile home lots , there are 8,200 mobile home lots in Johnston County and each one of those could possibly have a mobile home on it that generates trash that could be assessed a fee Ms Rineer stated those lots were included in staff’s analysis There being no further comments , the Chairman closed the public hearing Discussion by the Board Commissioner Ted G Godwin stated solid waste is an issue the Board has discussed many times and while he is not one that believes government should be the solution to everything , he does believe that there are certain functions relegated to government such as education , public safety , EMS and fire service Commissioner Godwin stated most of the people in the room have probably never had to call for a fire truck , but the County is better off because everyone can Commissioner Godwin stated he believes that solid waste is a function of government just like education He expressed concerns that the decal program creates a culture which discourages proper trash disposal Commissioner Godwin stated there will always be trash thrown out , but he reiterated that solid waste is a government function and everyone should share in the benefits as well as the cost Commissioner Godwin acknowledged that no solution is going to be fair to every single person but he believes in a system where everyone pays and everyone benefits to encourage trash to be disposed of where it belongs Commissioner Chad M Stewart stated he agreed with parts of Commissioner Godwin’s comments that the County does have a trash problem which must be funded in some way Commissioner Stewart stated he believes there is a solution to the problem , but he does not believe in adding a fee on the tax bills every time for every problem He stated there has to be another funding method to work out the problems with solid waste Commissioner Allen L Mims , Jr , stated he disagrees with the comparison of solid waste disposal to education because the County is mandated for providing education by the Constitution and General Statutes Commissioner Mims stated the solid waste program is an enterprise fund and should be treated just like the water and sewer enterprise funds Commissioner Mims stated there are water and sewer lines running all across the County but not everyone is hooked into those lines He questioned if the County were to begin losing money in the water and sewer funds would a fee be assessed on those that have well and septic tanks to subsidize the program Commissioner Mims stated just like the water and sewer program , solid waste has to pay its own way by the people that directly use it Commissioner Godwin asked how all the other counties in North Carolina pay for their solid waste disposal and why Johnston County is the only county with a decal system Commissioner DeVan Barbour stated the County has been dealing with the solid waste issue for years and it is not a new problem He stated if the Board chooses to do nothing then by default the shortfall in the program will have to come from the General Fund which is paid for with taxpayer dollars He stated the reduction in solid waste , recycling costs , as well as abuse of the system with people cheating the decal program has all contributed to the losses which were being absorbed by the landfill fund balance ; however , that fundPagePage pageNumber6561 May 4 , 2015 – 6 00 pm Continued balance is being depleted and something else must be done Commissioner Barbour noted the Board will be facing two major issues in the future He stated in about five years the County must close one of the landfill cells and open a new one which will cost an estimated 12 million Commissioner Barbour also stated everyone must keep in mind that another bond referendum will be coming up in 2016 and if the General Fund has to cover the shortfall with solid waste that could directly impact the County’s debt capacity by as much as 18 million Commissioner Barbour stressed that a solution needs to be found and the Board needs to decide a direction to go Commissioner Cookie Pope stated she is not in favor of subsidizing others to make the solid waste system work and in her community she has had people approach her saying that they would be willing to pay an increase in the decal fee because they feel they are getting a bargain with the decals to begin with Commissioner Barbour commented that the Board has been hearing from citizens about people cheating the decal system and if the decal fee is increased then there could be feedback from those that purchase the decals complaining that they are paying for an increase but nothing is being done to deal with those that cheat the system Commissioner Pope stated people will abuse the system regardless of whatever program is implemented Commissioner Godwin stated he feels the problems will become worse if the decal fee is increased Chairman Braswell asked if the Board makes no decision and leaves the decal system as it is now at 65 , what would be the General Fund contribution each year Mr Hester reported if the decal system is left where it is at 65 then the General Fund would have to allocate approximately 17 million to solid waste annually He stated the decals raise approximately 900,000 each year at 65 Chairman Braswell stated a decision needs to be made if the Board wants to keep the decal system or not Commissioner Mims stated he does not like the decal system because of all the complaints that have been received regarding people cheating that system Commissioner Mims stated he prefers a system like a punch card or swipe card where the user pays for their trash disposal Commissioner Mims stated he is not in favor of taking money from the General Fund to pay for solid waste and if the business cannot pay for itself then perhaps the County should look at leasing the operations out Commissioner Godwin asked again why Johnston County is different from other counties Chairman Braswell responded he has given that question some thought and he believes it is because Johnston County is essentially two different counties geographically He explained the western part of the County is made up mostly of subdivisions that use private haulers and the eastern part of the County is more rural with more people using the convenience centers Chairman Braswell stated he appreciated all the comments , phone calls , and e - mails the Board has received from the citizens on the matter Chairman Braswell stated he is finding that everyone has a different opinion which is why this is such a difficult decision for the Board to make because there are so many variables He stated there is no decision that will be suitable for everyone Commissioner Stewart stated he is not comfortable with putting a fee on the tax bill for solid waste Commissioner Pope stated she is not opposed to a punch card type system Chairman Braswell stated he wishes there was a way to better police the convenience centers to prevent people from cheating that system Commissioner Stewart agreed that more enforcement would be good , but he noted that would require more resources and more money to implement Commissioner Barbour stated it is apparent to him that there is not a majority on the Board to put a fee on the tax bills ; therefore , he believes the Board should determine a decal price for next year Commissioner Barbour stated whatever the Board chooses to do , he believes a business plan has to be developed to limit the damage to the General Fund as much as possible PagePage pageNumber7562 May 4 , 2015 – 6 00 pm Continued Johnston County Public Utilities Consultant Tim Broome stated the history that was provided by Warren Grimes during the public comment portion of the hearing was accurate as he remembers it Mr Broome stated when he first became the County’s Public Utilities Director , the County Manager at that time directed him to get the landfill off the General Fund and make it an enterprise fund which worked well for years when enough revenue was coming in to subsidize the convenience sites and recycling ; however , that waste flow has decreased Commissioner Pope stated a business plan needs to be developed Chairman Braswell stated it is evident that there is not a majority on the Board for putting a fee on the tax bills Commissioner Carver stated the Board has discussed the solid waste issue at almost every meeting for the last few years Commissioner Carver applauded Commissioner Godwin for him bringing the matter to the forefront and for representing his constituents well Commissioner Carver stated the bottom line is this is a business and in business , revenues have to exceed expenses or it is called a loss Commissioner Carver stated it was noticeable to him this evening that none of the private haulers attended the public hearing to speak on the issue Commissioner Carver stated he would recommend the County staying one more year with the 65 decals and then raising the decals to 100 for a second year and after that two year period having an alternate plan in place to address solid waste Commissioner Carver stated for this year and next year , the General Fund would still be impacted , but during that time another solution has to be found Commissioner Carver reiterated solid waste is an enterprise fund and it needs to run like a business He stated the Board cannot put this off on the property owners Motion and Second Commissioner Jeffrey P Carver moved the Board set the decal fee at 65 for July 1 , 2015 through June 30 , 2016 , 100 for July 1 , 2016 through June 30 , 2017 , and for the Board to discuss and implement an alternate plan at the end of that time frame Commissioner Cookie Pope seconded the motion Discussion Commissioner Godwin stated if the goal is to get trash off the road then it will never be a business Commissioner Godwin stated solid waste is a government function Commissioner Carver stated the same people that throw trash on the roads today will continue to do so even if the program is free Commissioner Carver stated to Commissioner Godwin that he has great respect for him but this is a subject they will disagree on Vote The motion carried by the following vote Ayes Commissioners Tony Braswell , DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , and Chad M Stewart Nays Commissioner Ted G Godwin 4 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – April 22 and 29 , 2015 Certified letters were mailed to adjoining property owners on April 20 , 2015 Notices were posted at the locations on March 3 , 2015 for Cases 14 - 30 , 15 - 04 , 15 - 05 , 15 - 06 , and 15 - 08 It was determined that the applicant had not arrived for Case 14 - 30 ; therefore , the Board moved forward and heard Cases 15 - 04 and 15 - 05 until the applicant for Case 14 - 30 arrived The Chairman opened the Rezoning Hearing for Case 15 - 04 Case 15 - 04 Petition to rezone two tracts totaling 34 acres out of 711 acres located off US 70 A Hwy in Boon Hill Township from General Business GB to Agricultural Residential AR Tax ID 04P10052K and 04P10052C Owner Teresa P Blackmon and Stephen G Braswell Applicant Teresa P Blackmon PagePage pageNumber8563 May 4 , 2015 – 6 00 pm Continued Planning Director Berry Gray stated the petition is to rezone two tracts totaling 34 acres out of 711 acres located off US 70 A Hwy in Boon Hill Township from General Business to Agricultural Residential Mr Gray noted the existing use is General Business and is used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business for agricultural purposes ; R - 1 , Industrial - 1 , and Industrial - 2 by the Town of Princeton and used for agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Gray stated the site was zoned General Business as part of the US 70 overlay but it is not being used for commercial purposes He reported the applicant’s son wishes to build a house on the site Andrew Hodge of AW Hodge Engineering , representing Applicant Teresa Blackmon , stated Ms Blackmon would like to cut out a parcel for her son to build a house He offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 04 Decision on Rezoning Case 15 - 04 Case 15 - 04 Petition to rezone two tracts totaling 34 acres out of 711 acres located off US 70 A Hwy in Boon Hill Township from General Business GB to Agricultural Residential AR Tax ID 04P10052K and 04P10052C Owner Teresa P Blackmon and Stephen G Braswell Applicant Teresa P Blackmon Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 04 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 04 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 04P10052K and 04P10052C located on US 70 A as shown on the attached Exhibit A , from General Business GB to Agricultural Residential 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 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 is consistent in that it aligns with “ Goal 9 Preserve the Rural Landscape ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a AR zoning is compatible with surrounding land uses th Adopted this the 4 day of May , 2015 Commissioner DeVan Barbour moved the Board approve Rezoning Case 15 - 04 to rezone two tracts totaling 34 acres out of 711 acres located off US 70 A Hwy in Boon Hill Township from General Business to Agricultural Residential Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote PagePage pageNumber9564 May 4 , 2015 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 15 - 05 Case 15 - 05 Petition to rezone 11 acres out of a 31 acre tract located at 13923 NC 50 Hwy in Pleasant Grove Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 13D02011 Owner Norma Faye Griffin Applicant HCE Johnston 1 , LLC – Charles Mclure , Manager Planning Director Berry Gray stated the petition is to rezone 11 acres out of a 31 acre tract located at 13923 NC 50 Hwy in Pleasant Grove Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a solar utility facility Mr Gray stated the existing use is zoned Agricultural Residential and used for such purposes The surrounding land uses are zoned Agricultural Residential for agricultural and residential purposes as well as Community Business for a convenience store , automotive sales and automotive service The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term In addition , this site is approximately ¼ of a mile away from a Community Center activity node Mr Gray noted there are a couple of subdivisions across NC 50 from the subject site to the right and he pointed those out on the aerial photograph for the Board Applicant Charles Mclure for HCE Johnston I , LLC , asked the Board to approve the rezoning request so they can use the property for a solar farm Commissioner Allen L Mims , Jr asked what the acreage breaking point is for solar farms to be profitable Mr Mclure responded there are a number of economic factors to consider when looking at profitability with one of those being the rate that is governed by the Utilities Commission for the energy produced He stated to generate five megawatts it requires approximately 30 acres and typically companies look for 25 to 30 acres of land Mr Mclure noted the subject site is well suited for a small operation and will generate two megawatts Mr Mclure stated they own or operate nine other sites in North Carolina William Langdon , 199 Hillgrove Drive , Willow Spring , stated he lives in Fieldstone Manor which is directly across from the subject site and he has been to every meeting regarding the case Mr Langdon reported he has visited five solar farm operations since the Planning Board meeting and in all of those operations he saw no barrier that would shield the operation from surrounding subdivisions Mr Langdon asked the Board to require the company during the construction process to keep their heavy equipment out of the subdivision since they maintain their own streets and heavy equipment could damage them Mr Langdon stated Mr Mclure has been good in working with him to answer his questions and he hopes that the company will continue to work with the surrounding neighbors to address any of their concerns Mr Langdon also asked for the entrance of the solar farm to be located a significant distance to the south of Fieldstone Manor He further asked for the Board to require a berm and vegetation that would be tall enough to shield the operation from the Fieldstone Manor entrance Chairman Tony Braswell asked Mr Langdon to hold his specific requests until the special use hearing if the rezoning is approved noting that specific conditions would come under the special use permit There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 05 Decision on Rezoning Case 15 - 05 Case 15 - 05 Petition to rezone 11 acres out of a 31 acre tract located at 13923 NC 50 Hwy in Pleasant Grove Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 13D02011 Owner Norma Faye Griffin Applicant HCE Johnston 1 , LLC – Charles Mclure , Manager Page0565 May 4 , 2015 – 6 00 pm Continued Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 05 Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 05 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 13D02011 located on NC 50 Hwy as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD 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 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 is consistent in that Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public zoning th Adopted this the 4 day of May , 2015 Commissioner Ted G Godwin moved the Board approve Rezoning Case 15 - 05 to rezone 11 acres out of a 31 acre tract located at 13923 NC 50 Hwy in Pleasant Grove Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 15 - 05 Case 15 - 05 To allow for a solar utility facility Owner Norma Faye Griffin Applicant HCE Johnston 1 , LLC – Charles Mclure , Manager Those wishing to speak on Special Use Case 15 - 05 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a solar utility facility Mr Gray 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 15 - 05 on December 17 , 2014 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 Page1566 May 4 , 2015 – 6 00 pm Continued • 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 March 17 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 05 and made the following recommendations Upon a motion by Ms Hackler to approve the Rezoning of Case 15 - 05 , seconded by Mr Stewart and carried by a unanimous vote of 8 - 0 , Rezoning Case 15 - 05 was granted preliminary approval at the March 17th , 2015 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions The request is reasonable and in the public interest in that the conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Stewart to approve the Special Use Conditions for Rezoning Case 15 - 05 with the requirement to include a berm , seconded by Mr Massengill and carried by a unanimous vote of 8 - 0 , the Special Use Conditions for Rezoning Case 15 - 05 was granted preliminary approval at the March 17th , 2015 Planning Board Meeting 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 Ground - mounted utility scale solar power developments are being installed across the country as a means of low cost , renewable , and clean energy production Solar power facilities operate continuously , silently , and unobtrusively providing power to millions of homes and businesses across the country The increase in solar , wind , and other alternative forms of energy production has allowed the US to lower its dependence on foreign energy sources while simultaneously reducing the net carbon output of the country as a whole Simply stated , solar power is good for the country , and ultimately for the consumer This facility is designed to provide safe and economic power through the use of state - of - the - art solar modules , inverters , and support systems The system is electronically monitored to allow operators to know at all times the status of each component of the system A failure at any single component triggers an alarm condition where a technician can respond to quickly remedy the fault to maintain peak power generating efficiency The system is secured with a chain link fence and barbed - wire The electrical components are enclosed in tamper resistant , locking housings Cabling is enclosed in inaccessible below - ground conduit or above - ground cable trays Solar development projects are low traffic generators following construction of the facility Normal traffic in and out of the site will consist of a weekly maintenance vehicle By the very nature of the design and operation for the ground - mounted solar power generation equipment , the site will maintain or promote public health , safety , and general welfare Staff The site will be fenced in completely and the solar panels will not generate any safety issues or a nuisance to surrounding property owners This request will be subject to the special use conditions , which will ensure that the development maintains the public health , safety , and general welfare of the community 2 That the use of the 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 plan submitted with this application was developed in conformance with Section 14 - 123 , the requirements for the I2 zoning district , and the requirements of Article 2 , Chapter 14 of the development ordinance In addition , the landscape plan is designed in substantial conformance with the Commercial Development Code The plan has been reviewed by Planning Department staff The plan therefore complies with the Development code and other Johnston County ordinances as they pertain to solar power generation facilities The electrical components used in the design of the site , and those to be used in the construction of the site meet all national electrical code standards The construction plans for the project will be submitted for building permit review and approval to ensure conformance with Johnston County building code standards Staff The use shall comply 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 Power generation facilities are a public necessity Renewable energy facilities provide low - cost power continuously , silently , and without smoke or hazardous emissions Compared to other power generation methods , or other higher - intensity uses that could be installed on this property , solar generation facilities help maintain the value of neighboring properties Staff The site will be maintained by someone locally , and along with the special use conditions required by the Boards , will maintain the value of contiguous 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 Applicant The solar power generation facility allows Johnston County to continue aiding the state and its initiative to increase the use and implementation of renewable energy resources In addition , we will meet all conditions of approval of the Special Use Permit as determined by the Johnston County Board of Commissioners 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 Page2567 May 4 , 2015 – 6 00 pm Continued Specific Land Uses APPLICANT To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Provide 8 evergreen trees and 8 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense A berm shall be installed directly along NC 50 with the required plantings on top Plantings at installation shall be 4 ’ to 5 ’ tall 6 Maximum height of equipment shall be 12 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 9 All signage must comply with the sign code and be limited to one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained , or used in an operable state of good repair Bold text added for consideration by Planning Board Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated regarding earlier concerns in the rezoning hearing as to the proposed location of the solar farm entrance , he noted on the site plan that the entrance would be located away from the nearby Fieldstone Manor subdivision Commissioner Ted G Godwin asked if the Board could put restrictions on heavy equipment using the nearby subdivision streets and if so would it be difficult to enforce Mr Gray responded it would be difficult to monitor restrictions on heavy equipment using the nearby subdivision streets ; however , he noted the staging area for the construction equipment is located within the rezoned property Mr Gray stated there may always be an odd time where a supply or delivery truck makes a wrong turn , but he noted if it happens on a consistent basis then the Fieldstone Manor residents could notify the Planning Department of the issue Project Engineer Mike Crowley , 1233 Heritage Links Drive , Wake Forest , addressed the Board and offered to answer any questions Upon a question by Chairman Tony Braswell , Mr Crowley stated the applicant does understand and agree with the conditions Mr Crowley stated as is shown on the site plan the entrance to the solar operation would be located approximately 400 feet to the south of the Fieldstone Manor subdivision entrance Commissioner Allen L Mims , Jr asked how much traffic the use would generate Mr Crowley stated they anticipate a site visit once a week if that much to check on equipment or perform maintenance on the site He noted the sites are electronically monitored and would automatically notify the company if there was a problem William Langdon , 199 Hillgrove Drive , Willow Spring , resident in Fieldstone Manor , asked the Board to consider requiring a berm and vegetation that is tall enough to screen the use because their subdivision is located directly across the street Mr Langdon stated he is not against the operation , but he wants conditions to be added that will protect surrounding property owners Commissioner DeVan Barbour noted a berm and plantings are included in the special use conditions and the applicant has agreed to those Jamie Blanchard , 46 Hillgrove Drive , Willow Spring , resident in Fieldstone Manor , reiterated the earlier comments of Mr Langdon that the use could be an eyesore and they would like for it to be properly screened Chairman Tony Braswell assured Mr Blanchard that screening would be addressed in the special use conditions Upon a question by Commissioner Barbour , Mr Crowley stated most of the panels will be 8 feet in height and the fence surrounding the property would be 6 feet in height Mr Crowley stated sometimes the panels can be seen above the fence depending on what type of panels are used and his recommendation would bePage3568 May 4 , 2015 – 6 00 pm Continued to plant Nellie Stevens Hollies along with Wax Myrtles for screening on top of the berm He stated if the equipment is 8 feet in height then the screening could be 8 feet also , but they do not want to shade the panels Commissioner Barbour stated he believes the residents of Fieldstone Manor want something that would sufficiently screen at the road from their subdivision There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 Mr Gray stated the Board could revise condition # 5 so that the berm would be 4 feet in addition to 4 feet plantings that could be maintained at 8 feet for adequate screening while not shading the panels There being no further comments , the Chairman recessed the Special Use Hearing for Case 15 - 05 Decision on Special Use Case 15 - 05 Case 15 - 05 To allow for a solar utility facility Owner Norma Faye Griffin Applicant HCE Johnston 1 , LLC – Charles Mclure , Manager Based on the findings of facts and revised special use conditions as listed below , changing condition # 5 to require the berm and plantings to be at least eight feet at the time of installation , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 15 - 05 to allow for a solar utility facility on 11 acres out of a 31 acre tract located at 13923 NC 50 Hwy in Pleasant Grove Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote 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 Ground - mounted utility scale solar power developments are being installed across the country as a means of low cost , renewable , and clean energy production Solar power facilities operate continuously , silently , and unobtrusively providing power to millions of homes and businesses across the country The increase in solar , wind , and other alternative forms of energy production has allowed the US to lower its dependence on foreign energy sources while simultaneously reducing the net carbon output of the country as a whole Simply stated , solar power is good for the country , and ultimately for the consumer This facility is designed to provide safe and economic power through the use of state - of - the - art solar modules , inverters , and support systems The system is electronically monitored to allow operators to know at all times the status of each component of the system A failure at any single component triggers an alarm condition where a technician can respond to quickly remedy the fault to maintain peak power generating efficiency The system is secured with a chain link fence and barbed - wire The electrical components are enclosed in tamper resistant , locking housings Cabling is enclosed in inaccessible below - ground conduit or above - ground cable trays Solar development projects are low traffic generators following construction of the facility Normal traffic in and out of the site will consist of a weekly maintenance vehicle By the very nature of the design and operation for the ground - mounted solar power generation equipment , the site will maintain or promote public health , safety , and general welfare Staff The site will be fenced in completely and the solar panels will not generate any safety issues or a nuisance to surrounding property owners This request will be subject to the special use conditions , which will ensure that the development maintains the public health , safety , and general welfare of the community 2 That the use of the 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 plan submitted with this application was developed in conformance with Section 14 - 123 , the requirements for the I2 zoning district , and the requirements of Article 2 , Chapter 14 of the development ordinance In addition , the landscape plan is designed in substantial conformance with the Commercial Development Code The plan has been reviewed by Planning Department staff The plan therefore complies with the Development code and other Johnston County ordinances as they pertain to solar power generation facilities The electrical components used in the design of the site , and those to be used in the construction of the site meet all national electrical code standards The construction plans for the project will be submitted for building permit review and approval to ensure conformance with Johnston County building code standards Staff The use shall comply 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 ;Page4569 May 4 , 2015 – 6 00 pm Continued Applicant Power generation facilities are a public necessity Renewable energy facilities provide low - cost power continuously , silently , and without smoke or hazardous emissions Compared to other power generation methods , or other higher - intensity uses that could be installed on this property , solar generation facilities help maintain the value of neighboring properties Staff The site will be maintained by someone locally , and along with the special use conditions required by the Boards , will maintain the value of contiguous 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 Applicant The solar power generation facility allows Johnston County to continue aiding the state and its initiative to increase the use and implementation of renewable energy resources In addition , we will meet all conditions of approval of the Special Use Permit as determined by the Johnston County Board of Commissioners 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 To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Provide 8 evergreen trees and 8 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense Plantings at installation shall be 4 ’ to 5 ’ tall Along NC 50 , a berm or plantings or combination of both shall be 8 ’ tall at installation 6 Maximum height of equipment shall be 12 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 9 All s