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

10 371 Meeting of the Johnston County Board of Commissioners September 6 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 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 , and Ted G Godwin Absent Commissioner Chad M Stewart 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 Recognition of Boy Scouts in the Audience Commissioner Cookie Pope noted the attendance of Boy Scouts in the audience from her community and asked them to come forward Boy Scouts Josh Williford from Troop 33 and Zachary Schultz from Troop 714 introduced themselves to the Board and reported on badges they are trying to acquire as they work towards their Eagle Scout Certifications The Board welcomed the Scouts to the meeting B Update from 911 - Communications Director Jason Barbour 911 - Communications Director Jason Barbour reported to the Board that in response to a concerned citizen at the morning meeting who had difficulty getting through to 911 during a recent power outage in her area the Flowers Plantation area , he researched the matter further Mr Barbour stated as he had suspected , the citizen that spoke has an internet telephone provider and because of the power outage in that area and the fact that there was not a backup source of power in place , that citizen was unable to call 911 or any other number Mr Barbour clarified the 911 Center was not down , but rather it was the actual telephone provider that did not have backup power which is becoming a problem across the nation as more and more people transition away from traditional telephone lines to internet based telephones and cell phones C Citizen Comments – Rev Dr Wendy Ella May Rev Dr Wendy Ella May , 1577 Davis Homestead Road , Selma , referenced the presentation given by Johnston County Schools regarding capital needs as well as the report regarding Johnston County Schools data related to student demographics , test results , teacher quality , student discipline and other similar points from the Concerned Citizens for Successful Schools Committee that were presented and discussed at the morning meeting Dr May stated after reading the report from the Concerned Citizens Committee , she was highly upset regarding the information contained within the report Dr May stated it is concerning to her that the worry is roofs and HVAC systems when the student test scores are horrible Dr May suggested establishing a sub - committee that could look further at what could be done Dr May also spoke on the issue regarding power outages and citizens not being able to call 911 when needed She stated there needs to be laws in place to require battery backups or generator systems on all cell towers and telephone services so people are able to call 911 Dr May stated she always praises the firefighters , EMS , and law enforcement and that all lives matter Dr May stated there is a lot that needs to be done to educate people about drinking and driving noting over the holiday weekend , she was almost run off the road twice because of people drinking and driving 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – August 24 and 31 , 2016 Certified letters were mailed to adjoining property owners on August 22 , 2016 Notices were posted at the locations on July 5 , 2016 for Cases 14 - 11 MOD ; 16 - 21 ; and 16 - 22 Page372 September 6 , 2016 – 6 00 pm Continued The Chairman opened the Special Use Hearing for Case 14 - 11 MOD Case 14 - 11 MOD Petition to modify a Special Use Permit for a 337 acre tract located at 2152 Lee’s Union Church Road SR 1148 in Ingrams Township The proposed modification would allow for automotive sales on the premises Tax ID 08J14009A Owner Ronald E Shiflett Applicant Ronald E Shiflett Special Use Permit To allow for an automotive storage , minor mechanical repair , reconditioning , and automotive sales Those wishing to speak on Special Use Case 14 - 11 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to modify a Special Use Permit for a 337 acre tract located at 2152 Lee’s Union Church Road SR 1148 in Ingrams Township The proposed modification would allow for automotive sales on the premises 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 14 - 11 MOD on May 31 , 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 July 19 , 2016 the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 14 - 11 MOD and made the following recommendations Upon a motion by Mr Smith to approve the Modification of Rezoning Case 14 - 11 with the change to # 7 to show 6 vehicles , seconded by Ms Hackler , the Modification of Rezoning Case 14 - 11 was approved at the July 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 There will be an office of regulation size to meet the state regulation to the rear of the driveway and a business sign of state regulation will also be displayed I would have up to 12 vehicles for sale in a neat and orderly fashion My hours of operation would be from 10 00 am to 6 00 pm Monday thru Saturday 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 No changes will be made to change the land or surroundings except for planting flowers , plants , and bushes 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 It will still be used as it is now , with the exception of an office and a sign and up to 12 vehicles offered for sale Affordable transportation for those around the area outside of the city limits who can’t afford a new vehicle 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 With the area growing , this can be a service provided to help with the growing community with more choices for neighbors , friends , and new arrivals to the area This special use along with the current special use permit will work together hand in hand with no problems to the land or area Specific Land Uses APPLICANT To allow for an automotive storage , minor mechanical repair , reconditioning , and automotive sales Special Use Conditions 1 Permitted Uses automotive storage , minor mechanical repair , reconditioning , and automotive sales 2 The Special Use Permit may be revoked 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 Page373 September 6 , 2016 – 6 00 pm Continued 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Limited to the outdoor storage of 15 vehicles awaiting repair , outdoor storage must be screened by an 8 ’ opaque fence or evergreen vegetative screening 7 Limited to the outdoor storage of 6 vehicles for sale 8 All signage must comply with the sign code as stated in Section 14 - 509 9 Must properly contain and dispose of all petroleums , oils , and lubricants 10 No junk vehicles allowed on site 11 Vehicles awaiting repair shall be located no closer to the right - of - way than the back of the dwelling 12 Vehicles for sale must meet the minimum parking setback from the right of way 20 feet 13 Hours of operation for automotive sales shall be limited to Monday – Saturday 10 00 am – 6 00 pm 14 Lighting shall be dark sky and designed so as not to shine onto adjacent property Mr Gray reviewed the proposed changes to the special use conditions with the Board and stated the site was zoned General Business – Special Use District in 2014 for automotive storage , repair , and reconditioning with sales occurring offsite He stated the new site plan includes an office and display area Commissioner Ted G Godwin asked if six vehicles for sale would be feasible Mr Gray responded that the number of vehicles allowed for sale was discussed at the Planning Board meeting and according to the applicant , six was sufficient Applicant Ronald Shiflett , 2152 Lee’s Union Church Road , stated he understood the special use conditions as proposed and has nothing to add 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 There being no further comments , the Chairman closed the Special Use Hearing for Case 14 - 11 MOD Decision on Special Use Case 14 - 11 MOD Case 14 - 11 MOD Petition to modify a Special Use Permit for a 337 acre tract located at 2152 Lee’s Union Church Road SR 1148 in Ingrams Township The proposed modification would allow for automotive sales on the premises Tax ID 08J14009A Owner Ronald E Shiflett Applicant Ronald E Shiflett Special Use Permit To allow for an automotive storage , minor mechanical repair , reconditioning , and automotive sales Based on the findings of facts and special use conditions as listed below , Commissioner Allen L Mims , Jr moved the Board approve Case 14 - 11 MOD to modify a Special Use Permit for a 337 acre tract located at 2152 Lee’s Union Church Road in Ingrams Township to allow for automotive sales on the premises 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 There will be an office of regulation size to meet the state regulation to the rear of the driveway and a business sign of state regulation will also be displayed I would have up to 12 vehicles for sale in a neat and orderly fashion My hours of operation would be from 10 00 am to 6 00 pm Monday thru Saturday 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 No changes will be made to change the land or surroundings except for planting flowers , plants , and bushes 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 It will still be used as it is now , with the exception of an office and a sign and up to 12 vehicles offered for sale Affordable transportation for those around the area outside of the city limits who can’t afford a new vehicle Page374 September 6 , 2016 – 6 00 pm Continued 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 With the area growing , this can be a service provided to help with the growing community with more choices for neighbors , friends , and new arrivals to the area This special use along with the current special use permit will work together hand in hand with no problems to the land or area Specific Land Uses APPLICANT To allow for an automotive storage , minor mechanical repair , reconditioning , and automotive sales Special Use Conditions 1 Permitted Uses automotive storage , minor mechanical repair , reconditioning , and automotive sales 2 The Special Use Permit may be revoked 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 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Limited to the outdoor storage of 15 vehicles awaiting repair , outdoor storage must be screened by an 8 ’ opaque fence or evergreen vegetative screening 7 Limited to the outdoor storage of 6 vehicles for sale 8 All signage must comply with the sign code as stated in Section 14 - 509 9 Must properly contain and dispose of all petroleums , oils , and lubricants 10 No junk vehicles allowed on site 11 Vehicles awaiting repair shall be located no closer to the right - of - way than the back of the dwelling 12 Vehicles for sale must meet the minimum parking setback from the right of way 20 feet 13 Hours of operation for automotive sales shall be limited to Monday – Saturday 10 00 am – 6 00 pm 14 Lighting shall be dark sky and designed so as not to shine onto adjacent property The Chairman opened the Rezoning Hearing for Case 16 - 21 Case 16 - 21 Petition to rezone a 05 acre tract located at the intersection of NC 210 and Lassiter Road SR 1335 in Elevation Township from Agricultural Residential AR to General Business GB Tax ID 07F06002E Owner B I E General Partnership Applicant Nabil Algafi and Noorullah Noori Planning Director Berry Gray stated the petition is to rezone a 05 acre tract located at the intersection of NC 210 and Lassiter Road in Elevation Township from Agricultural Residential to General Business Mr Gray stated the existing use is zoned Agricultural Residential and currently vacant The parcel has a nonconforming structure that was used for several commercial purposes in the past The surrounding land uses are zoned Agricultural Residential for agricultural and residential purposes ; General Business for a gas station , mini - storage , and vacant ; Community Business and vacant ; and General Business - Special Use District for an animal boarding facility This area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years In addition , this site is located within a “ neighborhood - center activity node ” At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray reported that even with a straight rezoning , the applicant will still submit a site plan to identify the driveway locations which will then be sent to the Department of Transportation for review Mr Gray stated the applicant will have to meet any requirements by the Department of Transportation as well as the County’s Design Manual Applicant Nabil Algafi stated they plan to have either a service station or mechanic shop on the site 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 Upon a question by Commissioner Ted G Godwin , Mr Gray stated he is unsure of the building’s original intent ; however , it is presently used for storage There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 21 Decision on Rezoning Case 16 - 21 Case 16 - 21 Petition to rezone a 05 acre tract located at the intersection of NC 210 and Lassiter Road SR 1335 in Elevation Township from Agricultural Residential AR to General Business GB TaxPagePage pageNumber5375 September 6 , 2016 – 6 00 pm Continued ID 07F06002E Owner B I E General Partnership Applicant Nabil Algafi and Noorullah Noori Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 21 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 21 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 07F06002E located at the intersection of NC Hwy 210 and Lassiter Road as shown on the attached Exhibit A , from Agricultural Residential AR to General Business GB 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 Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial and higher residential density development are suitable uses 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a There are compatible zoning districts and uses adjacent to the property and the resulting zoning district is uniform for this portion of NC 210 th Adopted this the 6 day of September , 2016 Commissioner Ted G Godwin moved the Board approve Rezoning Case 16 - 21 to rezone a 05 acre tract located at the intersection of NC 210 and Lassiter Road in Elevation Township from Agricultural Residential to General Business Commissioner Cookie Pope seconded the motion which carried unanimously The Chairman reopened the Rezoning Hearing for Case 16 - 22 Case 16 - 22 Petition to rezone a 35 acre tract located at 70 Thanksgiving Fire Rd SR 1720 in O’Neal’s Township from Agricultural Residential AR to General Business GB Tax ID 14M08001A Owner Randy Dean Taylor Applicant Randy Dean Taylor Planning Director Berry Gray stated the petition is to rezone a 35 acre tract located at 70 Thanksgiving Fire Road in O’Neal’s Township from Agricultural Residential to General Business Mr Gray stated the existing use is zoned Agricultural Residential and currently vacant The surrounding land uses are zoned Agricultural Residential for agricultural and residential purposes and Community Business for a convenience store This area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years In addition , this site is located within a “ neighborhood - center activity node ” Applicant Randy Taylor , 5028 Hwy 96 , Selma , stated he plans to construct a garage on the site and sell a few cars There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber6376 September 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 closed the Rezoning Hearing for Case 16 - 22 Decision on Rezoning Case 16 - 22 Case 16 - 22 Petition to rezone a 35 acre tract located at 70 Thanksgiving Fire Rd SR 1720 in O’Neal’s Township from Agricultural Residential AR to General Business GB Tax ID 14M08001A Owner Randy Dean Taylor Applicant Randy Dean Taylor Commissioner Jeffrey P Carver moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 22 Commissioner DeVan Barbour seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 22 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 14M08001A located at 70 Thanksgiving Fire Road as shown on the attached Exhibit A , from Agricultural Residential AR to General Business GB 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 Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial and higher residential density development are suitable uses 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a There are compatible zoning districts and uses adjacent to the property th Adopted this the 6 day of September , 2016 Commissioner Jeffrey P Carver moved the Board approve Rezoning Case 16 - 22 to rezone a 35 acre tract located at 70 Thanksgiving Fire Road in O’Neal’s Township from Agricultural Residential to General Business Commissioner DeVan Barbour seconded the motion which carried unanimously 3 Manager Reports and Comments A Updated Multi - Year Draft Capital Plan County Manager Rick Hester presented the following updated draft multi - year capital plan to the Board and stated he would welcome any feedback from the Commissioners as staff continues to work on the plan DRAFT – SUBJECT TO CHANGE General Fund Multi - Year Preliminary Capital Plan November 2016 Consideration of non - traditional financing for Johnston County School capital needs November 2016 Board agrees to option property for future Public Safety Center – Phase 1 – Detention CenterPagePage pageNumber7377 September 6 , 2016 – 6 00 pm Continued May 2017 Consider negotiations to purchase office building s in immediate courthouse area to alleviate cramped office space This could free up office space in the Law Enforcement Center that could possibly be converted into one or two new courtrooms hearing rooms May 2017 Start County office space needs study for years 2020 - 2025 May 2018 If the Board agreed to negotiate to purchase office building and it was successful , move selected offices from Law Enforcement Center into that building June 2018 Start renovations for one or two new courtrooms hearing rooms in Law Enforcement Center November 2018 Bond referendums for JC Schools and JCC amounts to be determined March 2019 New courtroom hearing room s ready in Law Enforcement Center June 2020 Phase 1 of Public Safety Center Detention Center completed July 2020 1 Determine if it is necessary and financially feasible to begin renovations for new courtrooms in first floor of current detention center area in the Courthouse Annex 2 Determine if it is necessary and financially feasible to begin designing process for Phase 2 of Public Safety Center for Sheriff’s Office , 911 and Emergency Services May 2021 If renovations began in March 2020 for new courtrooms in lower level of current detention center , they should be completed This proposed plan and projected costs have been incorporated into debt capacity financial models Once a conceptual plan is adopted , it is recommended it be reviewed every 6 months for any necessary adjustments to projects , months , years and financial review This plan does not include budgeted minor renovations that are performed throughout the year B Interlocal Agreement – Town of Micro Per the request of staff , upon a motion by Commissioner Ted G Godwin , seconded by Commissioner DeVan Barbour , and carried unanimously , the Board approved the following interlocal agreement with the Town of Micro to use the services of the County Inspections Department Interlocal Agreement Between Johnston County and the Town of Micro th This resolution agreement , made and entered into this the 6 day of September , 2016 , by and between the Town of Micro , a municipal corporation organized and existing pursuant to the laws of the State of North Carolina , Party of the First Part and hereinafter referred to as the TOWN and County of Johnston , a political subdivision of the State of North Carolina established and operating pursuant to the laws of the State of North Carolina , Party of the Second Part and hereinafter referred to as the COUNTY ; WITNESSETH WHEREAS , the TOWN and the COUNTY , pursuant to the authority granted by the North Carolina General Statues 160A - 413 and 461 , hereby covenant and agree as follows 1 That the TOWN hereby contracts with the COUNTY to use the services of the Inspections Department of the COUNTY to enforce the North Carolina Building Code in accordance with the provisions adopted by the Building Code Council and the Commissioner of Insurance within the corporate limits and extra - territorial jurisdiction ETJ of the TOWN 2 That the services of the Inspections Department shall be performed at no cost to the TOWN , but the County’s fees will be charged to the customer and payable to the County However , should any claims arise out of services provided by the COUNTY under this agreement , the TOWN agrees to indemnify and hold the COUNTY , its employees , agents and contractors harmless from any and all claims for liability , loss , injury , damages to persons or property , costs or attorney’s fees resulting from any action brought against COUNTY , its employees , agents , contractors and Commissioners arising as a result of these services performed on behalf of the TOWN that are the subject matter of this Agreement 3 That all development to take place within the TOWN’s corporate limits and ETJ shall be subject to the rules and regulations set forth in the Town of Micro Flood Damage Prevention Ordinance The TOWN will make thePagePage pageNumber8378 September 6 , 2016 – 6 00 pm Continued flood zone determination for all development The COUNTY will confirm the flood zone determination for all applicable buildings from TOWN’s zoning permit , so that a building permit may be issued and the necessary building standards are met If the property is located within the Special Flood Hazard Area and if the structure is to be constructed within the flood hazard area , preliminary and final elevation certificates will be required to be provided to the TOWN by the applicant 4 Except for the confirmation of the flood zone determination provided in Section 3 , the Inspections Department is not directly responsible for enforcing the Town of Micro Flood Damage Prevention Ordinance ; however any violations observed should be reported immediately to the TOWN 5 Any amendment to the Town of Micro Flood Damage Prevention Ordinance must be presented to the COUNTY and the North Carolina Department of Public Safety , prior to adoption 6 That this Agreement shall continue until such time as either the TOWN or COUNTY resolves to discontinue the Agreement and presents sixty 60 days written notice to the other party of said termination or upon mutual agreement of both parties Any permit application received during this sixty 60 day period will continue to be processed until completion 7 This Agreement may only be modified in writing and executed by both parties 8 That the effective date of this Interlocal Agreement shall be the date passed by the Johnston County Board of Commissioners IN WITNESS WHEREOF , the Town of Micro has caused this Agreement to be signed in its name by its Mayor , attested by its Clerk , and its Official Seal to be hereunto affixed , and Johnston County has caused this agreement to be signed in its name by the Chair of the Board of Commissioners and attested by the Clerk of its Board and its Official Seal to be hereunto affixed , the day and year first above written 4 Board Reports and Comments Commissioner Cookie Pope thanked Boy Scouts Josh Williford and Zachary Schultz for attending the meeting Commissioner Pope commended the Scouts for their efforts to obtain badges and work towards their Eagle Scout designations There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 25 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage