June 6, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 243 Meeting of the Johnston County Board of Commissioners June 6 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 6 , 2016 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 Public Comment A Citizen Comments – Angela Bryan Angela Bryan , 2305 Oak Forest Road , Four Oaks , North Carolina addressed the Board and stated she could not attend the Public Hearing held at the 10 00 am meeting to comment on the proposed amendments to the Animal Control Ordinance Ms Bryan stated she was pleased overall with the changes that were proposed and adopted and she believes that most of the people that work with her on animal care issues are satisfied as well Ms Bryan had further questions regarding barrels being allowed for dog houses and asked for more information and discussion on barrels in the ordinance Chairman Tony Braswell stated everyone agreed at the public hearing earlier in the day that the ordinance is not a perfect document ; however , the Commissioners wanted to go ahead and adopt the amendments in an effort to address immediate issues in advance of the hot summer months Chairman Braswell encouraged Ms Bryan or anyone else to contact the County Attorney for more conversations about any further issues they have with the ordinance that could be brought back to the Board at a later date Ms Bryan thanked the Board for amending the ordinance The Board thanked Ms Bryan for bringing her concerns to their attention B Citizen Comments – Jack Austin , Jr Jack Austin , Jr of Four Oaks , North Carolina , addressed the Board regarding his concerns for a CSX intermodal terminal possibly locating near Four Oaks in Johnston County Mr Austin referenced a study that was commissioned for Project Scorpion by the North Carolina Department of Transportation about an intermodal site Mr Austin shared points from that study with the Board and expressed his concerns regarding health hazards , predicted employment numbers , incentives and funding that could be offered for such a project , and how the taxpayers could end up paying for the project C Update from Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with an update on recent developments , sales , planned projects , and upcoming activities at Flowers Plantation Mr Stephenson also reported they are working with the North Carolina Department of Transportation on a solution to the access issues at River Dell Elementary School Mr Stephenson stated it is his understanding that the Department of Transportation is currently reviewing two proposals that Ramey Kemp & Associates provided on behalf of Flowers Plantation D Citizen Comments – Randy Johnson Randy Johnson , 935 Parkertown Road , Four Oaks , North Carolina , addressed the Board and spoke on his concerns with a CSX intermodal terminal possibly located near Four Oaks in Johnston County Mr Johnson stated he feels that when the project was considering the Micro area and the citizens spoke out against it , the Board of Commissioners supported them ; however , citizens in Four Oaks do not believe they have gotten thePage244 June 6 , 2016 – 6 00 pm Continued same support Mr Johnson stated the community of Four Oaks does not want such a project and he asked the Board for their support E Citizen Comments – Braxton Allen Braxton Allen , 3201 Old School Road , Four Oaks , North Carolina , addressed the Board and also spoke on his concerns regarding a possible CSX intermodal terminal in Four Oaks Mr Allen spoke on impacts such a project could have for the community stating the citizens do not want or need the project He suggested other areas in the State where the project would be better suited 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – May 25 and June 1 , 2016 Certified letters were mailed to adjoining property owners on May 20 , 2016 Notices were posted at the locations on April 4 , 2016 for Cases 614 MOD 4 ; 08 - 13 MOD ; 08 - 14 MOD ; 16 - 11 ; and 16 - 12 The Chairman opened the Special Use Hearing for Case 614 MOD 4 Case 614 MOD 4 A request to modify the Special Use Permit Master Plan for a 14815 acre Planned Unit Development , “ Cleveland Springs , ” located along Cleveland Road SR 1010 in Cleveland Township The modification request is to move an amenity site to the northern portion of the development , designate a portion south of Cleveland Road from commercial to single family residential and townhomes , and increase the number of permitted units from 421 to 530 The property is zoned AR - SUD for a Planned Development Tax ID 06F05013 and 06H06003A Owner Lighthouse Cleveland Springs , LLC Applicant Robert Shank - Dan Ryan Builders Those wishing to speak on Special Use Case 614 MOD 4 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the Special Use Permit Master Plan for a 14815 acre Planned Unit Development , “ Cleveland Springs , ” located along Cleveland Road in Cleveland Township The modification request is to move an amenity site to the northern portion of the development , designate a portion south of Cleveland Road from commercial to single family residential and townhomes , and increase the number of permitted units from 421 to 530 The property is zoned Agricultural Residential – Special Use District for a Planned Unit Development 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 614 MOD 4 on January 28 , 2016 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to 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 April 19 , 2016 the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 614 MOD 4 and made the following recommendations Upon a motion by Mr Letchworth to approve the Modification of the Special Use Permit for Case 614 with the addition of a separate left right out turn lane for driveway 1 & 2 , seconded by Mr Stewart , with a vote of 7 - 1 , with Mr Smith opposing , Case 614 Modification was approved at the April 19th , 2016 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 This request is for a modification of the originally approved Planned Unit Development master plan for The Village at Cleveland Springs specifically for Phase III and Phase IV Phase III has been modified to include a multi - use field amenity to serve the originally approved single - family homes Phase IV has been modified to allowPage245 June 6 , 2016 – 6 00 pm Continued for a mixture of townhomes and single - family units in response to demand for more residential housing in the area An updated TIA has been performed with recommended off - site roadway improvements to account for the increase in traffic 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 proposed PUD modification is in compliance with Johnston County Land Development Code and meets the density and use regulations The development will comply with all applicable state and federal regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The development is consistent with surrounding uses and already developed phases 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 development is located in the Primary Growth area as depicted on the most recent County Comprehensive Land Use Plan This area has been identified as the target area for residential and commercial development Specific Land Uses APPLICANT Mixed Use Planned Development Special Use Conditions 1 Permitted uses Mixed Use Planned Development 2 Residential units shall be limited to 362 single - family units and 168 townhomes 3 Final plats for the residential developments shall be submitted for review and approval by staff 4 All recreational and commercial developments shall submit a detailed site plan for review and approval by staff 5 Commercial sites located on a subdivision street shall have access via the subdivision street and not Cleveland Road SR 1010 6 Recreational Amenities shall be developed along with residential development Recreational amenities facilities as presented on the master plan can be divided into four major components each representing 25 of the recreational amenities development , therefore as 25 of the residential development is built out , then 25 of the recreational amenities development shall be built Permits for residential buildings will be held until the recreational amenities develops accordingly 7 Soccer field and basketball court shall be provided before any townhomes and residential development south of 1010 can be undertaken 8 Reserve an additional 20 ’ of right of way along Cleveland Road for Phase IV 9 Install a reverse frontage landscape buffer along Cleveland Road for Phase IV 10 Proposed amenity site for Phase III will be approved by Wake County 11 Maximum of 5 driveway permits on 1010 12 TIA Recommendations a NC 50 and SR 1010 Cleveland School Road i WB NC 50 1 325 ’ Left - Turn Lane ii NB SR 1010 Cleveland School Road 1 100 ’ Left Thru Lane and Right - Turn Lane b SR 1010 Cleveland Road and Site Driveway # 1 intersection i NB SR 1010 Cleveland Road 1 Two - way Left - Turn Lane with three - lane typical section will be required between Boone Trail and Site Driveway # 1 ii SB SR 1010 Cleveland Road 1 100 ’ Right - Turn Lane iii EB Site Driveway Street A 1 Three - lane cross section one ingress , two egress left - turn and right - turn 2 Egress Left Right - Turn Lane 3 100 ’ Internal Protected Stem c SR 1010 Cleveland Road and Cleveland Spring Rd Site Driveway # 2 i NB SR 1010 Cleveland Road 1 Two - way Left - Turn Lane with three - lane typical section will be required between Glen Road and Site Driveway # 2 with appropriate approach and departure taper located to the south of Glen Road ii SB SR 1010 Cleveland Road 1 Restripe the existing Thru - Lane to Thru Right Lane iii EB Site Driveway # 2 1 Three - lane cross section one ingress , two egress left - turn and right - turn through 2 Egress Left Right - Turn Lane 3 100 ’ Internal Protected StemPage246 June 6 , 2016 – 6 00 pm Continued d Lane Closures for required improvement construction will only be permitted under restricted hours due to heavy traffic volumes in the vicinity of the proposed development These restrictions will be determined during the driveway permitting application and approval 13 Eliminate the go - kart suggestion as an option 14 Certifications 15 Note adjacent property owners 16 Entrance sign and street signs 17 Street name approval 18 Show lot sizes on final plat 19 Provide a parking area for the open space 20 Complete improvements or provide performance guarantee 21 Cul de sac lots must have 40 ’ of road frontage 22 All residential lots and units must access internal street 23 Final plats must be signed by all current property owners 24 Provide stubout to the Stanton tract at proposed lot 54 so as not to create any offset with the street serving proposed lots 63 - 66 ; this is for future direct connection between the Taylor tract and Stanton tract 25 Master Plan approval by the Board of County Commissioners is required prior to final plat approval 26 A driveway permit and subdivision design approval must be obtained prior to construction 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 27 It will be determined at the time the driveway permit application is submitted , if any road improvements will be required 28 The owner developer shall install a three - lane section throughout the project limits in accordance with the current NCDOT Standard Specifications for Roads and Structures and Policy on Street and Driveway Access to North Carolina Highways 29 Left and right turn lanes are required on SR 1010 into the main subdivision entrance 30 Approval of water & sewer system 31 Soil Erosion and Sedimentation Control Plan required Stormwater Compliance 32 Developer to provide a signed statement from Joe Carroll that he does not wish to be part of this PUD development th 33 Prior to the recordation of the 100 unit on the south side , the secondary emergency access will be installed 34 Provide separate left and right turn lanes for site driveways 1 and 2 Items in bold changes recommended by Planning Board Mr Gray stated the subject site is located directly to the west of another Planned Unit Development known as Summerwind Plantation He stated there are also other residential subdivisions around the property Mr Gray reported the area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan that denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Regional Center ” Commercial activity node Mr Gray stated the original approval was in 2005 for 421 units Mr Gray reviewed the site plans with the Board and pointed out the areas proposed for modification He stated on the northern section of the Planned Unit Development the applicant would like to put amenities at the end of the cul - de - sac which is actually on the Wake County side of the property Mr Gray stated staff has spoken with Wake County and they have no issues with the amenities being on the Wake County side since Wake County will not approve any additional residential lots within their boundaries of the development Mr Gray stated the applicant is not asking for an increase in the residential density on the northern property , but is looking to add more units on the south side of the development He noted there was quite a bit of area on the south side designated as commercial tracts and commercial amenities as well as neighborhood amenities Mr Gray stated the applicant would like to move some of the planned amenities to the northern property and replace them with residential units Mr Gray reported a Traffic Impact Analysis was conducted and reviewed by the Department of Transportation He noted the traffic improvement recommendations are included in the proposed special use conditions Mr Gray stated school district information is also included in the agenda packet which indicates that enrollment is higher in the district than current capacities Commissioner Allen L Mims , Jr asked how much of the property is currently approved for commercial use Mr Gray pointed out the current commercial areas on the site plan for the Board and explained that with the requested modification all the commercial area on the south side of Cleveland Road would be converted into residential if approved Commissioner Jeffrey P Carver asked why Wake County will not approve any additional residential lots within their boundaries of the development PagePage pageNumber5247 June 6 , 2016 – 6 00 pm Continued Mr Gray explained that Wake County would not approve additional lots within their boundaries because they will not allow Johnston County utilities to be extended into Wake County to serve those lots Jamie Guerrero , 5605 Chapel Hill Road , Raleigh , Morris & Ritchie Associates , representing the applicant , addressed the Board and requested the modification to be approved Mr Guerrero stated another reason why Wake County will not allow additional residential lots within their boundaries of the development is because they will not allow Wake County school buses to go through the entrance of the development which is completely inside Johnston County lines Commissioner DeVan Barbour commented that the school bus route decisions are made by the State Department of Public Instruction and not Wake County Mr Guerrero presented and reviewed the following PowerPoint presentation with the Board PagePage pageNumber6248 June 6 , 2016 – 6 00 pm Continued Mr Guerrero stated because the area does not seem conducive for commercial use they would like to convert it to residential which would reduce traffic according to the Traffic Impact Analysis He continued that the currently approved amenities on the south side of the development for putt putt and baseball fields also did not seem to be tailored for the residents of Cleveland Springs in that it could bring in outside traffic Mr Guerrero stated by modifying it to residential and having community oriented type amenities , it would be more beneficial to the community as a whole Mr Guerrero stated Phase 4 south side property would allow for a stormwater pond and trail system to encourage pedestrian connectivity Mr Guerrero reviewed some of the other amenities planned for the modification and stated with those amenities they would actually be preserving more natural area Upon a question by Commissioner Mims , Mr Guerrero stated they are asking to change the 22 acres that is currently approved for commercial use on the south side to residential use leaving 5 acres on the north side of the development for commercial out of the total acreage Jessica McClure , Traffic Engineer with Ramey Kemp & Associates , stated they performed the Traffic Impact Analysis for the development which included a trip generation comparison Ms McClure reviewed the following information with the Board as a comparison if the modification were approved PagePage pageNumber7249 June 6 , 2016 – 6 00 pm Continued Ms McClure stated with the modification they are asking for 64 single detached homes and 96 townhomes on the south side of the development She stated approximately 52,000 sq ft of retail space would remain on the 5 acres to the north Mike Edwards , 117 Callahan Trail , Garner , Cleveland Springs , stated his family moved from Cary to Cleveland Springs to live in the country and would like to keep the development residential He stated they would prefer not to have the commercial development because of extra traffic , lights , and noise Matt Mastin , 150 Callahan Trail , Garner , Cleveland Springs , stated he currently serves on a HOA Advisory Committee Board for his neighborhood since their neighborhood does not have a full Homeowners Association at the present time Mr Mastin stated when he found out the area was planned for commercial , he was against that use Mr Mastin informed the Board that he has lived in big cities but ultimately his family decided to live in Johnston County because of the community atmosphere Mr Mastin stated they knew the development was going to be large with new families and retired couples and they felt it was a safe place for their family He stated the development is close to commercial , but it is not comparable to somewhere like Cary , North Carolina Mr Mastin stated he can be in Raleigh in 30 minutes if he chooses , but they chose Cleveland Springs to live for a quiet subdivision Mr Mastin stated they are fine with apartments behind them but they do have concerns with commercial development Mr Mastin commented that having more residential units and residential amenities instead of commercial would give them a community feel Mr Mastin submitted for the record a letter from Scott D Janes of 122 Callahan Trail , Garner , Cleveland Springs , since Mr Janes could not attend the meeting Mr Mastin stated they would prefer the residential use instead of commercial because they do not want the associated lights or noise Commissioner Barbour asked Mr Mastin if it was disclosed to him by his realtor when he purchased his home that the area was already planned , approved , and zoned for commercial Mr Mastin stated he was told it would be commercial remedies for residents , but it was not conveyed to him that it would have uses such as putt putt Commissioner Barbour stated he wants everyone to understand that the Board is not adding commercial because commercial was originally approved at the beginning and has been there all along At the inquiry of Commissioner Mims , Mr Mastin stated they have approximately 200 residences in his neighborhood at the current time Commissioner Mims asked why the Planned Unit Development had been modified so often Mr Guerrero stated the only initial modification he is aware of was in 2006 when a portion of the property was separated off for a subdivision to the west using well and septic sites that were larger lots PagePage pageNumber8250 June 6 , 2016 – 6 00 pm Continued 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 modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions In response to Commissioner Chad M Stewart , Mr Gray stated there were some that spoke in opposition at the Planning Board meeting Commissioner Jeffrey P Carver asked if the development was approved before the ordinance was changed so that amenities had to be constructed by a certain time Mr Gray stated Cleveland Springs currently stands at approximately 250 developed units He stated the pool site has been constructed to the north and in looking at the build - out , it is time for another amenity at this point There being no further comments , the Chairman recessed the Special Use Hearing for Case 614 MOD 4 Commissioner Allen L Mims , Jr stated the Board has seen several of these modification requests come back time and time again and he personally cannot see how adding additional dwellings will help with the traffic and school capacity issues the community is currently facing Commissioner Mims stated the high density is a big concern to him Commissioner DeVan Barbour agreed that schools in the area are already over capacity and the traffic is terrible Commissioner Chad M Stewart stated he sees both sides in that there are issues , but the market normally dictates the situation which in this case apparently , the people buying the homes do not see the problems Commissioner Jeffrey P Carver commented that the Board already receives complaints and phone calls from the citizens in the area and the Department of Transportation is looking at the failed roads Commissioner Carver agreed that people are still buying houses and moving to the area ; however , the Commissioners are still getting calls from citizens complaining over school overcrowding and traffic congestion Decision on Special Use Case 614 MOD 4 Case 614 MOD 4 A request to modify the Special Use Permit Master Plan for a 14815 acre Planned Unit Development , “ Cleveland Springs , ” located along Cleveland Road SR 1010 in Cleveland Township The modification request is to move an amenity site to the northern portion of the development , designate a portion south of Cleveland Road from commercial to single family residential and townhomes , and increase the number of permitted units from 421 to 530 The property is zoned AR - SUD for a Planned Development Tax ID 06F05013 and 06H06003A Owner Lighthouse Cleveland Springs , LLC Applicant Robert Shank - Dan Ryan Builders Based on findings of facts as listed below , Commissioner Jeffrey P Carver moved the Board deny Case 614 MOD 4 which is a petition to modify the Special Use Permit Master Plan for a 14815 acre Planned Unit Development , “ Cleveland Springs , ” located along Cleveland Road SR 1010 in Cleveland Township to move an amenity site to the northern portion of the development , designate a portion south of Cleveland Road from commercial to single family residential and townhomes , and increase the number of permitted units from 421 to 530 Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote 1 That the use or development is NOT located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; a Based on a report by WTSB , NCDOT lists the intersections of NC 42 I40 , NC 42 Cleveland Road , and NC 42 Glen Road in the top ten most dangerous intersections in Johnston County b Based on the Traffic Impact Analysis dated January 2016 , Cleveland Road has a traffic volume of 15,000 vehicles per day and NC 42 has a volume of 30,000 vehicles per day c Based on the Traffic Impact Analysis dated January 2016 , the intersection of NC 42 Glen Road , NC 42 Cleveland Road , Cleveland Road Glen Road , and Cleveland Road Site Driveway are either currently failing or projected to fail at time of buildout PagePage pageNumber9251 June 6 , 2016 – 6 00 pm Continued d Additional development will contribute to increased traffic congestion on Cleveland Road and NC 42 2 That the use of development DOES NOT 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 ; a Section 14 - 257 j 1 of the Land Development Code states “ Planned developments shall be appropriately located with respect to ” … “ public facilities , provided by the county or a municipality , existing or clearly to be available by the time the development reaches the stage where they will be needed ” i According to the school capacity report provided by Johnston County Schools , all three schools serving this site are significantly over capacity with Cleveland High School as many as 335 students over capacity b Section 14 - 257 j 2 of the Land Development Code states “ Planned developments shall be located ” … “ as to provide direct access to the development without creating significant traffic in residential neighborhoods outside the development ” i This project is proposed adjacent to other residential developments such as Summerwind Plantation to the east , Boone Trail to the west and Lynnfield Village to the west ii This site creates significant traffic impact to the neighboring developments c Section 14 - 257 l 1 of the Land Development Code states that Mixed Use PUDs should be designed so as to “ provide appropriate transition and reduce potentially adverse effects ” i The increased density from 11 units per acre to 4 units per acre on the south side of NC 42 Phase 4 is incompatible with the adjacent subdivision which is at 10 unit per acre 3 That the use or development is NOT 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 ; a The increase in density from 11 units per acre to 4 units per acre for the tract south of NC 42 Phase 4 would be incompatible with the existing 10 unit per acre subdivision directly adjacent 4 That the use or development DOES NOT 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 a The Johnston County Land Use Plan Goal 2 Objective 2C states “ Reduce the possibility of incompatible uses and mitigate them when they occur ” i The higher densities proposed are incompatible with the adjacent lower densities b The Johnston County Land Use Plan states that “ Future growth should be managed to ensure that when completed , public facilities are in place to service new development ” i Current school capacity issues and traffic congestion suggest that public facilities are currently not in place NOTE It was determined that the applicant was not present for Cases 08 - 13 MOD and 08 - 14 MOD ; therefore , the cases were not heard The Chairman opened the Rezoning Hearing for Case 16 - 11 Case 16 - 11 Petition to rezone an 1836 acre tract located at 10009 US 301 S Hwy in Banner Township from Industrial 2 – Special Use District I2 - SUD to Agricultural Residential AR Tax ID 01G10031 Owner Ansel Moore and Mary Moore Applicant Ansel Moore and Mary Moore Planning Director Berry Gray stated the petition is to rezone an 1836 acre tract located at 10009 US 301 S Hwy in Banner Township from Industrial 2 – Special Use District to Agricultural Residential Mr Gray reported the site is currently zoned Industrial 2 – Special Use District for a solar utility facility , but it is currently vacant He stated the applicant reports the solar utility operation did not build on the subject site ; therefore , the applicant wishes to downzone the property back to Agricultural Residential Mr Gray stated the surrounding zonings are Agricultural Residential for agricultural , residential , and school purposes ; Industrial - 2 and Industrial - 2 – Special Use District for a mining operation ; RA in the Town of Benson for agricultural , residential , and religious purposes ; and B - 2 in the Town of Benson and currently vacant This 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 Applicant Ansel Moore , 743 Westminster Drive , Orange Park , Florida , asked the Board to approve the request to downzone the property back to Agricultural Residential because the solar utility operation that had contacted them has since backed out of the plans Mr Moore stated they have an opportunity to possibly sell the property for a residential use There being no further public comments , the Chairman closed the public comment portion of the hearing Page0252 June 6 , 2016 – 6 00 pm Continued 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 16 - 11 Decision on Rezoning Case 16 - 11 Case 16 - 11 Petition to rezone an 1836 acre tract located at 10009 US 301 S Hwy in Banner Township from Industrial 2 – Special Use District I2 - SUD to Agricultural Residential AR Tax ID 01G10031 Owner Ansel Moore and Mary Moore Applicant Ansel Moore and Mary Moore Commissioner Jeffrey P Carver moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 11 Commissioner DeVan Barbour seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 11 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 01G10031 located at 10009 US Hwy 301 S as shown on the attached Exhibit A , from Industrial 2 - Special Use District I2 SUD to Agricultural Residential AR 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 with the Comprehensive Land Use Plan 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 6 day of June , 2016 Commissioner DeVan Barbour moved the Board approve Rezoning Case 16 - 11 to rezone an 1836 acre tract located at 10009 US 301 S Hwy in Banner Township from Industrial 2 – Special Use District to Agricultural Residential Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 16 - 12 Case 16 - 12 Petition to rezone a 43 acre tract located on White Memorial Church Rd in Pleasant Grove Township approximately 1 4 mile from the intersection with NC 210 from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 13C03023 Owner Ralph S Honeycutt Trust c o Patricia Honeycutt Wall Applicant ESA Church Rd , LLC c o Kyle Campbell Planning Director Berry Gray stated the petition is to rezone a 43 acre tract located on White Memorial Church Road in Pleasant Grove Township approximately 1 4 of a mile from the intersection with NC 210 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 The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes This 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 ofPage1253 June 6 , 2016 – 6 00 pm Continued growth pressures currently exist or are anticipated near term Mr Gray stated a community meeting was held for the proposed use and a property impact study is included in the agenda packet Javier Latre , Florida , representing Applicant ESA Church Rd , LLC , requested the Board to approve the rezoning for a solar farm use and offered to answer any questions Gail Sanza , 31 Lake Blanchard Drive , Angier , addressed the Board Ms Sanza stated she is opposed to the solar farm use Ms Sanza stated under the current plans , there is a “ T ” proposed to be installed at the end of Lake Blanchard Road for emergency vehicles to turn around Ms Sanza asked the Board to leave the road as it is with no “ T ” to be installed so they will have the 150 ft barrier from the solar farm operation Ms Sanza stated she believes the trees may have to be removed for the “ T ” at the end of the road and they do not want the trees removed Robert Sanza , 31 Lake Blanchard Drive , Angier , stated they moved to their property for the appearance of country fields and not to look at solar panels 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 Commissioner DeVan Barbour asked for more information as to the plans for the end of Lake Blanchard Drive as was referenced by Ms Sanza Mr Gray stated because it is currently a stub - out at the end of Lake Blanchard for the potential of future expansion , there is no turnaround for emergency vehicles He stated if the intention is to develop the adjacent property for a solar farm with no future expansion , then staff recommended a turnaround “ T ” at the end of Lake Blanchard for emergency services purposes Mr Gray stated the turnaround would be located on the solar farm property and he noted the location on the aerial photograph for the Board Mr Gray stated the requirement is proposed as one of the conditions for the applicant to install because with the solar farm , that use essentially cuts off the access for future expansion There being no further comments , the Chairman closed the Rezoning Hearing for Case 16 - 12 Decision on Rezoning Case 16 - 12 Case 16 - 12 Petition to rezone a 43 acre tract located on White Memorial Church Rd in Pleasant Grove Township approximately 1 4 mile from the intersection with NC 210 from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 13C03023 Owner Ralph S Honeycutt Trust c o Patricia Honeycutt Wall Applicant ESA Church Rd , LLC c o Kyle Campbell Commissioner Jeffrey P Carver moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 12 Commissioner Ted G Godwin seconded the motion which carried by the following vote Ayes Commissioners Tony Braswell , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Nays Commissioner DeVan Barbour RESOLUTION FOR CASE NUMBER 16 - 12 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 13C03023 located on White Memorial Church Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 - Special Use District I2 SUD Page2254 June 6 , 2016 – 6 00 pm Continued 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 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 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 th Adopted this the 6 day of June , 2016 Motion Commissioner Jeffrey P Carver moved the Board approve Rezoning Case 16 - 12 to rezone a 43 acre tract located on White Memorial Church Rd in Pleasant Grove Township approximately 1 4 of a mile from the intersection with NC 210 from Agricultural Residential to Industrial 2 – Special Use District Commissioner Ted G Godwin seconded the motion Discussion Commissioner Ted G Godwin stated he is sensitive to the comments received during the hearing ; however , he believes that the issues can be addressed with special use conditions Vote The motion carried by the following vote Ayes Commissioners Tony Braswell , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Nays Commissioner DeVan Barbour The Chairman reopened the Special Use Hearing for Case 16 - 12 Case 16 - 12 To allow for a Solar Utility Facility Owner Ralph S Honeycutt Trust c o Patricia Honeycutt Wall Applicant ESA Church Rd , LLC c o Kyle Campbell Those wishing to speak on Special Use Case 16 - 12 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 16 - 12 on July 30 , 2015 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 Page3255 June 6 , 2016 – 6 00 pm Continued ? 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 April 19 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 12 and made the following recommendations Upon a motion by Mr Letchworth to approve the Rezoning Petition for Rezoning Case 16 - 12 , seconded by Ms Hackler , with a unanimous vote of 8 - 0 , Rezoning Case 16 - 12 was approved at the April 19th , 2016 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 16 - 12 with the added condition that there is no access or utility easement allowed on the exiting cart path , seconded by Mr Stewart , and carried by a unanimous vote of 8 - 0 , the Special Use for Case 16 - 12 was approved at the April 19th , 2016 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 The solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 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 In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be at least 20 feet from all property lines 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 Special care will be taken to maintain the value to contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure such as schools , water , and or waste systems 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 farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses APPLICANT To allow for a solar utility facility 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 Site will be developed in accordance with Land Development Code Section 14 - 123 6 Existing natural vegetation to remain within the setback along Millstone Ridge Subdivision 7 Provide turn - around approved by Johnston County Emergency Management and NCDOT at Lake Blanchard Dr stub - out 8 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 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 An access and maintenance agreement for the proposed access must be recorded with the Register of Deeds prior to the issuance of a land use permit 11 All access and utilities will enter through the deeded easement Changes in Bold Recommended by Planning Board Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated the applicant has obtained an easement to White Memorial Church Road for access into the property which is identified on the survey Mr Gray stated at the Planning Board meeting , staff recommended the 150 ft setback off of the property line from the subdivision remain undisturbed so it would not be cleared , which was added as a condition Mr Gray stated the issue now is the turnaround “ T ” at the end of Lake Blanchard Drive as was discussed in the rezoning portion of the hearing Mr Gray reported the Planning Board discussed a cul - de - sac versus a “ T ” intersection and felt the “ T ” intersection would result is less land disturbance Mr Gray stated staff recommended the “ T ” at the end of Lake Blanchard for emergency access which would be a benefit to the residents Mr Gray pointed out where the solar panels would be located on the property on the aerial photograph for the Board and stated the residents should not be able to see the panels He stated no panels are planned forPage4256 June 6 , 2016 – 6 00 pm Continued the wooded area Mr Gray reiterated that staff only recommended the turnaround “ T ” installation because they saw an opportunity to work in cooperation with the solar farm to fix the emergency access for the residents Commissioner Jeffrey P Carver agreed that it would benefit the residents ; however , if the residents do not want the turnaround “ T ” then the Board does not have to require it Javier Latre , Florida , representing Applicant ESA Church Rd , LLC , stated they understood and agreed with the special use conditions Mr Latre stated they plan to leave the wooded area in place and would add more landscaping for a buffer where needed Mr Latre stated they were willing to install the “ T ” at the end of Lake Blanchard even though it is not a part of the solar farm or would be of use to them Rich Kirkland , Appraiser , stated he completed the Property Impact Study for the solar farm Mr Kirkland referenced the study and stated based on his research the use would have no impact on the value of the surrounding homes Gail Sanza , 31 Lake Blanchard Drive , Angier , stated the property owners at the end of Lake Blanchard could not be in attendance ; however , they are not in favor of the turnaround “ T ” for emergency vehicles Ms Sanza stated she appreciated the thought of doing something that would help them , but the people on Lake Blanchard do not want the turnaround She stated there is another access off of Lake Blanchard that does not appear to be visible on the aerial photograph that could be used for an emergency turnaround 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 There being no further comments , the Chairman closed the Special Use Hearing for Case 16 - 12 Decision on Special Use Case 16 - 12 Case 16 - 12 To allow for a Solar Utility Facility Owner Ralph S Honeycutt Trust c o Patricia Honeycutt Wall Applicant ESA Church Rd , LLC c o Kyle Campbell Based on the findings of facts and revised special use conditions deleting the condition for a turnaround as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 12 to allow for a solar utility facility on a 43 acre tract located on White Memorial Church Road in Pleasant Grove Township approximately 1 4 of a mile from the intersection with NC 210 Commissioner Jeffrey P Carver 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 The solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 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 In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be at least 20 feet from all property lines 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 Special care will be taken to maintain the value to contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure such as schools , water , and or waste systems 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 Page5257 June 6 , 2016 – 6 00 pm Continued Applicant The solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses APPLICANT To allow for a solar utility facility 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 Site will be developed in accordance with Land Development Code Section 14 - 123 6 Existing natural vegetation to remain within the setback along Millstone Ridge Subdivision 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 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 9 An access and maintenance agreement for the proposed access must be recorded with the Register of Deeds prior to the issuance of a land use permit 10 All access and utilities will enter through the deeded easement 3 Public Hearing – Proposed Regional Water and Sewer Authority Advertised – The Smithfield Herald – May 25 , 2016 Chairman Tony Braswell opened the public hearing and called on County Attorney Jennifer Slusser for opening remarks County Attorney Jennifer Slusser stated the purpose of the public hearing is for the Board to determine whether to establish a regional water and sewer authority to be known as the Western Johnston Regional Water and Sewer Authority to be appointed and established pursuant to the authority of North Carolina General Statute Section 162A Ms Slusser stated the County has been working with the Town of Clayton and the pharmaceutical economic development partners in Clayton regarding the pretreatment of industrial waste from the pharmaceutical facilities Ms Slusser stated in conversation it was proposed that perhaps the best way to approach the matter of pretreatment is to develop a regional authority Mr Slusser stated the Authority would be a water and sewer authority organized under the provisions of Article 1 , Chapter 162A of the North Carolina General Statutes She explained the proposal before the Board would be to create the regional authority through the general statutes and in doing so the Town of Clayton would provide the administrative services to support the proposed authority and any operations would be done by a contract operator Ms Slusser stated the authority would be a separate body politic and would be very similar to the Hospital Authority and the Airport Authority Ms Slusser stated in order to establish the authority , the Board would need to adopt a resolution to include Articles of Incorporation that set forth what the powers of the proposed regional authority would do She noted specifically , the two political subdivisions involved are the Town of Clayton and the County of Johnston and the initial setup would have four members with each political subdivision appointing two members Ms Slusser stated in order to set the authority up appropriately , the Board would need to make a determination as to the names of the two individuals that would represent the County as the initial incorporators She offered to answer any questions Upon questions by Commissioners Cookie Pope and Chad M Stewart , Ms Slusser stated the resolution would allow staff to set up the initial authority and if the projects do not materialize , then there is an opportunity to withdraw There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board adopted the following resolution authorizing the establishment of the Authority including the Articles of Incorporation ; and further appointed Chairman Tony Braswell and Vice Chairman DeVan Barbour as the two representatives for Johnston County RESOLUTION SIGNIFYING THE DETERMINATION BY THE COUNTY OF JOHNSTON TO ORGANIZE A WATER AND SEWER AUTHORITY UNDER THE PROVISIONS OF ARTICLE 1 , CHAPTER 162A , OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS , the Town of Clayton and the County of Johnston desire to create a regional water and sewer authority in Johnston County , North Carolina with representation from the Town of Clayton and the County of Johnston ; andPage6258 June 6 , 2016 – 6 00 pm Continued WHEREAS , a notice was published in The Smithfield Herald in accordance with NCGS § 162A - 31 indicating that the Johnston County Board of Commissioners would hold a public hearing at a meeting beginning at 6 00 pm on Monday , June 6 , 2016 on the matter of a regional water and sewer authority ; and WHEREAS , said public hearing was held on June 6 , 2016 , before the Board of Commissioners at the Commissioner’s regular meeting place in Smithfield , Johnston County , North Carolina , upon the proposed adoption of a resolution organizing the Western Johnston Regional Water and Sewer Authority pursuant to NCGS § 162A - 31 ; and WHEREAS , the Board of Commissioners having given due consideration to the proposed organization of the Authority , determines there is a need for a regional approach to the treatment of wastewater from industrial and manufacturing businesses in Johnston County and the Town of Clayton , specifically to promote economic development and growth in the pharmaceutical and biotech industries , for the Town of Clayton and the County of Johnston NOW THEREFORE BE IT RESOLVED , BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT A regional water and sewer authority to be known as the Western Johnston Regional Water and Sewer Authority shall be organized under the provisions of Article 1 , Chapter 162A - 31 of the North Carolina General Statutes and shall have two 2 representatives from the Town of Clayton and two 2 representatives from the County of Johnston That the Authority should be a water and sewer authority organized under Article 1 , Chapter 162A of the North Carolina General Statutes That the Articles of Incorporation for said Authority shall be as shown in attached Exhibit A That the name of the Authority shall be “ Western Johnston Regional Water and Sewer Authority ” The County Attorney is instructed to take all steps necessary to organize the Authority as a water and sewer authority under Article 1 , Chapter 162A of the North Carolina General Statutes The Chairman of the Board is authorized to execute documents on behalf of the County necessary to organize the Authority as a water and sewer authority under Article 1 , Chapter 162A of the North Carolina General Statutes th Duly adopted this 6 day of June , 2016 4 Manager Reports and Comments A Meeting with Johnston County Schools County Manager Rick Hester stated he and Finance Director Chad McLamb along with Commissioners DeVan Barbour , Jeffrey P Carver , and Chad M Stewart will be meeting with representatives from Johnston th County Schools next Monday , June 13 in advance of the Board’s special budget meeting to review details regarding the budget B EMS Centralized Logistics County Manager Rick Hester explained there is a need for centralized logistics for EMS and unless there are any objections from the Board of Commissioners , he would like to work with Four Oaks EMS on a temporary arrangement to utilize space in their station for a