October 17, 2022 - 6:00 PM - County Board of Commissioners Meeting Minutes

10 166 Meeting of the Johnston County Board of Commissioners October 17 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 17 , 2022 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Absent None Also Present County Manager Rick J Hester , Finance Officer and Deputy County Manager J Chad McLamb , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Executive Assistant Deputy Clerk Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm Commissioner Ted G Godwin opened the meeting with a prayer Commissioner April Stephens led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Tony Braswell , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – September 6 , 2022 – 10 00 am B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Clearstream Way , Morton Drive , and Blackburn Court – McGees Crossing – Pleasant Grove Township Sherrill Place Lane , Forest Meadow Court , and Shady Creek Trail – Sherrill Place Village – Cleveland Township C Approval of Special Warranty Deed The Board approved a Special Warranty Deed between Johnston County Grantor and Johnston County Board of Education Grantee for Tract 1 , containing 9959 acres total , more or less , as shown on a map recorded in Plat Book 70 , Page 72 , Johnston County Registry Note On June 10 , 2008 , the Johnston County Board of Education transferred property it purchased for the construction of the Corinth Holders High School to Johnston County The North Carolina General Warranty Deed can be found in Book 3561 , Page 693 - 694 , Johnston County Registry The deed contained a reversionary clause which stated the property would revert back to the Johnston County Board of Education once the Board of Education received a Certificate of Occupancy from the appropriate county officials D Appointments Elevation Firefighters Relief Fund Board – The Board reappointed Timmy W Stanley for a two year term to expire on October 31 , 2024 and granted Mr Stanley a waiver in the length of service policy E Budget Revisions Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE Page167 October 17 , 2022 – 6 00 pm Continued 18 44502115 Postage Meter Rent 10000 18 44503305 Books – Main 2,07000 18 44503314 Marketing Expense 12,00000 18 44503316 AV 2,50000 18 44503319 AV Supplies 10000 18 44503324 LSTA Grant 123,97900 18 44503326 YA 2,00000 18 44505810 Audio 1,00000 18 44505817 Occupational Training 1,90000 18 44507100 Capital Improvement 34,39300 TOTAL NET EXPENDITURES 179,84200 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 18 445033424 Grants 133,44900 18 445033102 Transfer from General Fund 34,39300 18 445034104 State of NC – Library 12,00000 TOTAL NET REVENUE 179,84200 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001900 General Assistance 4,26840 10 61004515 Program Expense 2,31233 10 61401902 State County General Assistance 14,81648 10 61401906 State Foster Care 1,61341 10 61451906 State Foster Care 1,61338 TOTAL NET EXPENDITURES 24,62400 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Service Administration 24,62400 TOTAL NET REVENUE 24,62400 3 Public Comment A Citizen Comments – Kendall Parker Kendall Parker of Four Oaks , stated he previously spoke to the Board on March 7 , 2022 regarding a non - compliance situation involving a shooting range at 645 Tettersville Road affiliated with Practical Defense Solutions Mr Parker informed the Board that the shooting range is operating on 26 acres of land with no legal easement or right of way to the property and the property is zoned for agriculture use Mr Parker continued that the shooting range operator filed an application with the Town of Four Oaks requesting voluntary annexation for the land to have town services He noted that 45 - 50 people attended a Four Oaks Town Council meeting to voice opposition to the request and a petition was submitted signed by 61 community members and landowners in the surrounding area , opposing the annexation Mr Parker noted that the request for annexation was withdrawn two hours before the meeting began ; however , on May 31 , another application for annexation was filed Mr Parker stated he believes these attempts are to bypass Johnston County regulations and for the use to fall under the jurisdiction of the Town of Four Oaks Mr Parker stated at the June 13 Four Oaks Town Council meeting , several people spoke against the annexation request and the Council voted unanimously to not accept the application Mr Parker stated shooting continued on the site through the summer and can be heard on weekdays and weekends He spoke on events being held on the site that are advertised on the operator’s website Mr Parker also stated that members of law enforcement from municipalities have taken part in activities on the site Mr Parker stated the community is requesting the Board of Commissioners to put an end to the nuisance and stop thePage168 October 17 , 2022 – 6 00 pm Continued disturbance Mr Parker shared a copy of an advertisement for an event that was held on the property as well as a recording of the gunshots heard from the property B Citizen Comments – Sandy Parker Sandy Parker of Tettersville Road in Four Oaks voiced her concerns regarding the shooting range operation referenced previously by Mr Kendall Parker Ms Parker described the noise coming from the operation and noted that she has had paint balls on her front porch and yard Ms Parker stated the community hears loud and repetitive gunfire all day and into the evening hours Ms Parker stated a citation was issued to the shooting range in October but the entire situation has escalated Ms Parker stated she feels personally targeted for her opposition to the operation Ms Parker stated the community has been dealing with the shooting range for a while and there is now a heightened sense of alert in what was once a peaceful community Ms Parker expressed her concerns that the operation’s attempt to be annexed by the Town of Four Oaks is a tactic to get around the County’s jurisdiction She stated the shooting range is intrusive , unhealthy , and unwelcome in the neighborhood She asked the Board to restore the peacefulness to the area Chairman RS “ Butch ” Lawter , Jr stated the Board typically does not respond during public comments ; however , he is aware that staff is reviewing the situation Chairman Lawter stated the Commissioners are not happy that violations continue and the Board will make sure that all enforcement actions are taken C Citizen Comments – Jan Whitley Jan Whitley of the Brogden Community , addressed the Board regarding the proposed Grabtown Road Subdivision that will be heard by the Planning Board at their meeting tomorrow evening Ms Whitley stated the community needs the Board’s protection and she spoke on the Johnston County Land Development Code and what she believes are ordinances being bypassed by developers Ms Whitley stated the proposed site of the subdivision is in a blind curve and there have been fatalities on that road Ms Whitley stated she attempted to negotiate with the developers of the Grabtown Road Subdivision to purchase land around her property ; however , her attempts were unsuccessful Ms Whitley requested the Board’s assistance to make sure all of the ordinances of the Land Development Code are followed Chairman RS “ Butch ” Lawter , Jr offered for Ms Whitley to e - mail him and he would discuss her concerns further 4 Proclamation – Alzheimer’s Disease Awareness and Caregivers Month Johnston County Registrar of Deeds Craig Olive requested the Board to adopt a Proclamation for November 2022 as Alzheimer’s Disease Awareness and Caregivers Month Mr Olive stated on November 10 , 2022 there will be a candlelight reflection from 6 00 pm until 7 00 pm in the atrium of the Courthouse He invited Board members and the public to attend this event in reflection of those with Alzheimer’s and dementia Mr Olive stated his mother passed away 15 years ago today from dementia and Alzheimers and he has other family members battling the disease Vice Chairman Patrick E Harris read aloud the proclamation Commissioner Richard D Braswell moved to adopt the Proclamation for November 2022 as Alzheimer’s Disease Awareness and Caregivers Month Commissioner Ted G Godwin seconded the motion which carried by unanimous vote PROCLAMATION Alzheimer’s Disease Awareness and Caregivers Month WHEREAS , Alzheimer’s disease is a progressive degenerative disease of the brain causing deterioration in memory and thinking , as well as judgment and reasoning ability ; it also affects behavior , emotions and the ability to perform self - care ; and th WHEREAS , Alzheimer’s disease is the 7 leading cause of death in United States , killing more people than breast and prostate cancer combined ; and th WHEREAS , it is also the 6 leading cause of death in North Carolina and also right here in Johnston County ; and WHEREAS , one in three Senior citizens dies with Alzheimer’s or another dementia and more than half of all Americans know someone who has or had Alzheimer’s ; andPage169 October 17 , 2022 – 6 00 pm Continued WHEREAS , more than six million Americans are now living with Alzheimer’s disease with over 180,000 residing in North Carolina ; and WHEREAS , Alzheimer’s disease affects whole families since it is a long term illness that requires long term care ; and WHEREAS , over eleven million family members and friends are serving as their unpaid caregivers nationwide , 358,000 of those giving care are North Carolinians ; and WHEREAS , an estimated 153 billion hours of care valued at nearly 257 billion dollars will be provided to those with Alzheimer’s and other dementias in 2021 ; and WHEREAS , in 2021 Alzheimer’s and other dementias will cost the nation 355 Billion , that figure could be as high as 11 Trillion by the year 2050 ; and WHEREAS , with early detection and diagnosis , individuals and families can gain access to treatment medications , enroll in critical research trails , and fully participate in planning for the future ; and WHEREAS , the Johnston County Board of Commissioners recognizes individuals , families , friends and caregivers dealing with the devastating effects of Alzheimer’s disease , the researchers who are seeking a cause or causes and cure , and the educational programs and support services provided by Alzheimer’s organizations NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 2022 as Alzheimer’s Disease Awareness and Caregivers Month in Johnston County and urges our citizens to commend its observance th Proclaimed this the 17 day of October , 2022 Commissioner Ted G Godwin stated his mother suffered with Alzheimers for six years before she passed away and he also has other family members that have suffered with the disease Commissioner Godwin stated the reflection ceremony is a heartfelt and beautiful event Commissioner Tony Braswell noted that former Commissioner Ray Woodall also suffered with the disease Commissioner Braswell spoke on Commissioner Woodall’s honorable character and how difficult it was to witness him battle the disease Mr Olive thanked Community & Senior Services Executive Director Neal Davis and his staff for their work on organizing the reflection ceremony 5 North Carolina Department of Transportation – Easement Request Ms Denise Amato with the North Carolina Department of Transportation requested the Board to consider granting an easement on property identified as Tax ID 15I09033B and located at the bridge on NC Hwy 210 , just before the Johnston County Agricultural Center Ms Amato reported the NCDOT will be replacing the bridge at this location and requires a drainage easement from Johnston County in order to complete the project She stated the request is for one permanent utilities drainage easement , two permanent drainage easements , and one temporary construction easement She stated the temporary construction easement would end once construction is complete Ms Amato offered to answer any questions Commissioner Ted G Godwin asked County Attorney Jennifer Slusser if Utilities Director Chandra Farmer had reviewed this request Ms Slusser confirmed that Ms Farmer reviewed the request Ms Slusser stated she took part in a phone conference with Ms Amato along with Ms Farmer , the County Manager , and County Cooperative Extension Director Bryant Spivey County Manager Rick J Hester stated the most challenging item to consider for the project would be the construction period in that the road would be closed during that time PagePage pageNumber5170 October 17 , 2022 – 6 00 pm Continued Ms Amato stated they have planned for a large detour of almost 10 miles during the approximately six - month construction period She stated there is no temporary bridge planned Commissioner Richard D Braswell expressed his concerns regarding the detour and asked about alternatives to closing the road or if options for a temporary culvert had been considered Ms Amato stated she could take the culvert suggestion back to the Department of Transportation for review Commissioner Tony Braswell stated the detour would affect many , and he noted there are farmers in this area that have to transport farm equipment The Commissioners agreed that such a lengthy detour would be cause for many complaints and asked Ms Amato to look at alternatives Following discussion , there was no action taken by the Board to allow time for Ms Amato to review alternatives to the road closure 6 North Carolina Forestry Service – Request for Increase in Funding Johnston County Forest Ranger Mike Winslow stated the North Carolina Forestry Service’s responsibility is preventing and controlling wildfires while assisting private landowners with forest service needs Mr Winslow requested the Board to consider an increase in funding in the amount of 9,800 and he presented the following in support of the request Mr Winslow stated in addition to the compensation structure revision , a new truck that was to be acquired last year was instead billed to this year’s budget due to delays in delivery of the vehicle PagePage pageNumber6171 October 17 , 2022 – 6 00 pm ContinuedPagePage pageNumber7172 October 17 , 2022 – 6 00 pm Continued Vice Chairman Patrick E Harris spoke on the importance of the Forestry Service and how they do so much with so little Vice Chairman Harris commended Mr Winslow and his staff for their work and dedication Commissioner Richard D Braswell agreed and thanked the North Carolina Forestry Service for their commitment Commissioner Tony Braswell asked Mr Winslow if the deficit was known at budget time Mr Winslow responded the deficit was not known about until later in June and in particular , the compensation structure revision was not known about until August Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board approved an increase in funding to the North Carolina Forestry Service for Johnston County in the amount of 9,80000 for Fiscal Year 2022 - 2023 7 Finance – Reimbursement Resolution for Water and Sewer System Revenue Bonds Director of Finance and Assistant County Manager J Chad McLamb introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board , and which was read by title RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT PURSUANT TO UNITED STATES DEPARTMENT OF TREASURY REGULATIONS BE IT RESOLVED by the Board of Commissioners of Johnston County Section 1 The Board hereby finds , determines and declares as follows a Treasury Regulations Section 1150 - 2 the “ Regulations ” , promulgated by the United States Department of Treasury on June 18 , 1993 , prescribes certain specific procedures applicable to certain obligations issued by the County after June 30 , 1993 , including , without limitation , a requirement that the County timely declare its official intent to reimburse certain expenditures with the proceeds of debt to be issued thereafter by the County b The County has advanced and or will advance its own funds to pay certain capital costs the “ Original Expenditures ” associated with the County’s i acquisition , construction and equipping of various capital improvements to the County’s existing Water and Sewer System including , without limitation , A the design and construction of improvements to the County’s 40 MGD 210 Wastewater Treatment Plant currently under construction , B the design and construction of improvements to the County’s existing Central Johnston Regional Wastewater Treatment Facility , C the design and construction of improvements to the County’s existing Timothy G Broome Water Treatment Plant , D the design , replacement , rehabilitation and installation of various new and or existing water and sewer transmission mains and lines , interceptors , booster pumping stations and storage tanks , E the design , replacement , rehabilitation and installation of various new and or existing reclaimed water facilities , F the repair and rehabilitation of various other existing components of the Water and Sewer System , including any appurtenances thereto , and G the acquisition of any necessary land , easements and rights - of - way related to any of the foregoing , ii any other improvements related to any of the foregoing and iii any “ preliminary expenditures ” related to any of the foregoing architectural , engineering ,PagePage pageNumber8173 October 17 , 2022 – 6 00 pm Continued surveying , soil testing , reimbursement bond issuance and similar costs that are incurred prior to commencement of acquisition or construction , but excluding land acquisition , site preparation and similar costs incident to commencement of construction collectively , the “ Water and Sewer Projects ” c The funds heretofore advanced or to be advanced by the County to pay the Original Expenditures are or will be available only on a temporary basis , and do not consist of funds that were otherwise earmarked or intended to be used by the County to permanently finance the Original Expenditures d As of the date hereof , the County reasonably expects that it will reimburse itself for such Original Expenditures with the proceeds of debt to be incurred by the County , and the maximum principal amount of debt to be incurred with respect to the Water and Sewer Projects is expected to be 113,500,000 e All Original Expenditures to be reimbursed by the County were paid no more than 60 days prior to , or will be paid on or after the date of , this declaration of official intent The County understands that such reimbursement must occur not later than 18 months after the later of i the date the Original Expenditure was paid ; or ii the date the Water and Sewer Projects is placed in service or abandoned , but in no event more than 3 years after the Original Expenditure was paid Section 2 This resolution shall take effect upon its passage Upon motion of Commissioner Tony Braswell , seconded by Commissioner Richard D Braswell , the foregoing resolution entitled “ RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT PURSUANT TO UNITED STATES DEPARTMENT OF TREASURY REGULATIONS ” was passed by the following vote Ayes Commissioners RS “ Butch ” Lawter , Jr , Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Noes None 8 Adoption of Resolution Approving Amount for School Project Site County Attorney Jennifer Slusser presented a resolution for the Board’s consideration approving the purchase price for the acquisition of real property by the Johnston County Board of Education to be used for the purposes of a future school project site and related improvements Ms Slusser stated the property is identified as a portion of Tax ID 17K08028A north side of Talton Farm Road , consisting of approximately 90 acres at a purchase price of 2,700,000 Ms Slusser stated Johnston County Schools would be responsible for performing all the required due diligence on the site to determine its suitability for a school Ms Slusser further stated Johnston County Schools intends to work collaboratively with the County in the review of the site for parks , open space , and greenways She stated the resolution would allow Johnston County Schools to determine the suitability of the site for a future school prior to closing and would provide updates to the County during that process Commissioner April Stephens asked if the plans are for an elementary , middle , or high school Chairman RS “ Butch ” Lawter , Jr stated it is his understanding that the site would be used for a high school and possibly a middle school Upon a motion by Commissioner Richard D Braswell , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board adopted the following resolution RESOLUTION APPROVING THE AMOUNT TO BE SPENT BY THE JOHNSTON COUNTY BOARD OF EDUCATION TO ACQUIRE REAL PROPERTY TO BE USED FOR A SCHOOL PROJECT SITE WHEREAS , the provisions of NC Gen Stat Sect 115C - 426 f requires the approval by the Board of County Commissioners as to the amount spent by the Board of Education for the purchase of a site or the expenditure of funds , therefore ; and WHEREAS , the Johnston County Board of Education has identified a certain tract or parcel of land located on the north side of Talton Farm Road , Smithfield , Johnston County , North Carolina , being part of Johnston County Tax ID 17K08028A and more particularly identified as a portion of NC PIN 260600 - 05 - 3156 , consisting of approximately ninety acres “ the Site ” ; andPagePage pageNumber9174 October 17 , 2022 – 6 00 pm Continued WHEREAS , the Johnston County Board of Education requests the Johnston County Board of Commissioners approve the purchase amount of Two Million Seven Hundred Thousand and 00 100 Dollars 2,700,00000 which shall be spent to purchase that portion of the certain tract or parcel of land mentioned above ; and WHEREAS , the Johnston County Board of Commissioners and the Johnston County Board of Education agree to collaboratively review the Site for opportunities for parks , open spaces , greenways ; and WHEREAS , the Johnston County Board of Education will confirm the suitability of the Site as a future school site prior to closing ; and NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners , relying on the recitals above , hereby approves the total amount of Two Million Seven Hundred Thousand and 00 100 Dollars 2,700,00000 to be spent by the Johnston County Board of Education for the purchase of approximately ninety 90 acres located on the north side of Talton Road , Smithfield , Johnston County , North Carolina and is further described as a portion NC PIN 260600 - 05 - 3156 and Johnston County Tax ID 17 - K - 08 - 028 - A on the Johnston County Registry The purchase of this tract shall be for the purposes of a future school project site and related improvements th Adopted this the 17 day of October , 2022 9 Johnston County Schools – Capital Funding Discussion County Attorney Jennifer Slusser stated the Board appropriated 85,573,000 to the Johnston County Public Schools current expense fund in the Fiscal Year 2022 - 2023 budget ; however , no funds were appropriated for capital outlay She continued that Johnston County Public Schools has requested Johnston County to reallocate 8,000,000 of the current expense funding appropriation to capital outlay due to important school capital needs Ms Slusser stated the resolution would amend the appropriation and reallocate the additional funds as requested by Johnston County Schools Ms Slusser noted that the Johnston County Board of Education met earlier in the day and adopted a similar resolution requesting the reallocation of funds She offered to answer any questions Motion Commissioner Richard D Braswell moved the Board adopt the resolution to amend allocations to Johnston County Public Schools for the 2022 - 2023 School Year Vice Chairman Patrick E Harris seconded the motion Discussion At the inquiry of Commissioner Ted G Godwin , Ms Slusser stated the request and resolution meets all statutory requirements Commissioner April Stephens thanked Johnston County Schools for providing a list of the projects to be covered by the 8,000,000 and a timeline of its use Commissioner Tony Braswell expressed his appreciation to staff for working on the resolution Vote The motion to adopt the following resolution carried unanimously Resolution to Amend Allocations to the Johnston County Public Schools for the 2022 - 2023 School Year WHEREAS , on June 20 , 2022 , the Johnston County Board of Commissioners adopted a budget for fiscal year 2022 - 2023 that appropriated 85,573,000 to the Johnston County Public Schools ’ current expense fund but did not appropriate any money to the Johnston County Public Schools ’ capital outlay fund ; WHEREAS , the Johnston County Public Schools currently have important school capital needs of 8,000,000 ;Page0175 October 17 , 2022 – 6 00 pm Continued WHEREAS , to address the current school capital needs , the Johnston County Board of Education is requesting that the Johnston County Board of Commissioners amend its original appropriation in order to have 8,000,000 in funds reallocated to the Johnston County Public Schools ’ capital outlay fund from the 85,573,000 appropriation to the current expense fund on June 20 , 2022 , such that 77,573,000 would remain appropriated in the current expense fund for the 2022 - 2023 school year ; WHEREAS , the Johnston County Board of Education will need to transfer 8,000,000 from current expense fund balance to cover the shortfall created by the reallocation in order to ensure it is able to meet its pressing current expense obligations ; and WHEREAS , as part of the reallocation of the 8,000,000 to the capital outlay fund , the Johnston County Board of Commissioners agrees the 85,573,000 originally appropriated to current expense on June 20 , 2022 shall be used as the amount appropriated to the current expense fund for the 2022 - 2023 fiscal year for purposes of NCGS § 115C - 431 NOW , THEREFORE , BE IT RESOLVED by the Johnston County Board of Commissioners that 1 The Johnston County Board of Commissioners amends its funding appropriation to the Johnston County Public Schools for the 2022 - 2023 school year such that 8,000,000 is reallocated to the capital outlay fund from the 85,573,000 originally allocated to the current expense fund , leaving 77,573,000 in the current expense fund ; and 2 The Johnston County Board of Commissioners agrees that the 85,573,000 originally appropriated on June 20 , 2022 to the current expense fund shall be used as the appropriation for the 2022 - 2023 fiscal year for purposes of NCGS § 115C - 431 th This the 17 day of October , 2022 10 Discussion – Draft 2024 - 2033 State Transportation Improvement Program Planning Director Braston Newton stated the Board received a copy of the draft 2024 - 2033 State Transportation Improvement Program at their October 3 , 2022 meeting Mr Newton asked if the Board had any feedback for staff as it relates to the draft Upon comments by Commissioner Ted G Godwin , Mr Newton confirmed that funding would be an issue with the projects He noted there are a number of projects with a 2027 or 2029 construction start date and many of the projects have been delayed already Chairman RS “ Butch ” Lawter , Jr stated he has reviewed the information and does not have any changes at this time At the inquiry of Commissioner April Stephens , Ms Newton asked if there is any further feedback from Commissioners for that to be shared with staff by the end of the week if possible 11 Discussion – Draft Comprehensive Land Use Plan Chairman RS “ Butch ” Lawter , Jr noted it has been many years since the last Comprehensive Land Use Plan was adopted and moving forward it is important to plan for the next 30 years Planning Director Braston Newton stated the Board received a presentation on the draft plan from the County’s consultants at their October 3 , 2022 meeting Mr Newton introduced Meg Nealon with Nealon Planning and Ben Hitchings with Green Heron Planning as the County’s consultants and asked them to come forward for discussion Commissioner Ted G Godwin commented that if the citizens of Johnston County were allowed to vote on slowing growth , he believes there would be an 80 vote in the affirmative He stated the question is how to move forward Ms Nealon stated the first section of the draft plan is for setting the stage for the purpose of the plan She stated it is a policy guide and is intended to be a communication tool for the Board and staff Ms Nealon continued that the second section establishes the baseline of where the County is today and the issues andPage1176 October 17 , 2022 – 6 00 pm Continued opportunities are brought to light in this portion She stated this section also highlights the items that are the most important to the community , which were gathered through meetings , interviews , and surveys Ms Nealon stated this section also highlights the challenges for Johnston County and important items on the horizon She noted the information provides an understanding of the starting point and a snapshot of 20 years from now Commissioner Fred J Smith , Jr stated he would like to open the discussion as it relates to agriculture and forestry in the draft plan Commissioner Smith stated in Johnston County there are 224,000 acres of forestland and 183,000 acres of farmland He stated this is a large portion of the County and provides approximately 12 of the revenue with which to run local government Commissioner Smith stated when the Board is considering the budget each year , the Commissioners need to realize that residential housing provides approximately 67 of the revenue for Johnston County He referred to the statement in the draft plan under Themes and Emerging Trends that reads as follows “ more efforts are needed to protect the County’s working lands ” and asked what that statement means Mr Hitchings responded this statement is a product of the planning process and the different input received He further stated that when they talk about the “ working landscape ” , they think of it as the lands that are managed for food and fiber and would include the same kinds of land identified as agriculture and forestland Commissioner Smith asked what is envisioned for farmers in the draft plan because this is their business , wealth , and retirement He asked if this plan as drafted would take any of that away from them Mr Hitchings stated agriculture would not exist if a farmer did not want to farm He stated the surveys and workshop brought out how the working landscape is important to the County and to the people of the County Commissioner Smith asked if because citizens in the County love to see farmland , do they have a right to require that people keep farming the land even if that farmer is losing money He expressed concerns that the plan as drafted could be inverse condemnation for people who have worked a lifetime in the County to make a living farming Commissioner Smith stated everyone needs to be aware that most people who own farmland are 55 plus years in age and have worked all their lives in agriculture ; however , the ability to make a living in Johnston County on agricultural is diminishing He expressed his concerns that the draft plan would take away the rights of those farmers At the inquiry of Commissioner Richard D Braswell , Ms Nealon stated there was approximately 3,000 responses received from the public meetings and surveys on the draft plan Commissioner R Braswell noted that Johnston County consists of 220,000 residents and 3,000 responses is a small percentage of that total population Commissioner R Braswell noted that while there are those that voice their opinions and provide responses , the Board of Commissioners must make sure the entire population is considered when looking at this plan He stated this plan will impact everyone equally and decisions must be made on what is best for everyone equally rather than what a small percentage would like to see Commissioner Tony Braswell expressed concerns with the sentence as referenced by Commissioner Smith about more efforts to protect working lands and noted that Johnston County has voluntary agricultural districts , which is a voluntary program that allows people to choose whether or not to include their property in those districts He stated the way the sentence reads to him is that if people do not choose to include their property in the districts , then the Board needs to do more which he does not agree with Commissioner T Braswell stated if people do not voluntarily choose to include their property in the districts , the Board should not force the issue Commissioner Smith spoke on the importance of making sure the map in the plan does not restrict property , but rather allows the citizens to use their land for farming or for other uses when the profitability of farming no longer exists Commissioner Godwin stated that he interprets the language in the draft plan to indicate that 18 of the land is in heavy urbanized areas and those impacted feel threatened enough to enroll in that program while the eastern part of the County is not Commissioner Godwin stated that farmers likely did not start their operations thinking that one day they would cash out ; however , in areas like the Cleveland Community , that has seen so much growth , the opportunity for those farmers to sell their land has presented itself Commissioner Godwin stated everyone he interacts with would like to slow the growth in Johnston County Commissioner Godwin stated he feels that growth can still occur , but he is of the opinion it belongs in the more urban areas Page2177 October 17 , 2022 – 6 00 pm Continued Commissioner T Braswell clarified that his comments are not related to slowing or increasing growth Commissioner April Stephens stated she agrees that the Board of Commissioners should not control what owners can or cannot do with their land , but she spoke on the possibilities of incentivizing farmers to keep their lands agricultural She stated if there were incentives for farmers to include more of their property in the voluntary agricultural districts , then that might be one way to help alleviate the growth problem Commissioner T Braswell stated he feels there is nothing the Board could do to convince farmers to keep their farms if they make the decision to sell their lands He continued that as he has heard Vice Chairman Patrick E Harris say at previous meetings , no one wants to tell another person that they cannot sell their farm Commissioner Smith stated the best way to have farmland is for farmers to make a profit from farming whether that is from crops or government subsidies He stated the reason most farmers sell is because their children have decided they do not desire to do the hard labor required to make a living on a farm He stated the parents are left with no other choice but to sell the farm when making decisions on what to do in their retirement years Commissioner Smith spoke on the need for more clarity with the map in the draft plan and the need to protect the farmers Commissioner Stephens stated she views the map as a guidebook for the Board of Commissioners as well as the Planning Board when making decisions rather than a way to restrict property Chairman Lawter stated he can understand the concerns of Commissioner Smith , but he agreed with Commissioner Stephens that the map is to be used as a guide Vice Chairman Patrick E Harris spoke on the need to make sure the plan does not inadvertently devalue anyone’s property He stated property owners should be allowed to decide the fate of their land and sometimes too many regulations can restrict those rights and devalue property The Board continued to discuss the draft plan with the consultants as it relates to agriculture and how to manage growth going forward while protecting the rights of the landowners The Board also discussed possible options for farmland programs or conservation easement programs Commissioner Godwin recalled that he attended a Voluntary Agricultural Committee meeting recently and learned of a grant program from the North Carolina Department of Agriculture that farmers could take advantage of whereby their land is put into an easement that the farmer agrees to continue farming for a certain period of years Upon questions by the Board , Ms Nealon reviewed the proposed map in the draft plan with the Board Page3178 October 17 , 2022 – 6 00 pm Continued Ms Nealon stated participation from the public was favorable in Johnston County during this process because typically , less than 2,000 responses are received Ms Nealon reported that she spoke with several farmers and their family members at the public forums and what she heard from them is that they are having a hard time keeping their farms because of the urbanization coming towards them Ms Nealon stated the overall feedback received from farmers is that they did not begin farming with the intent of cashing out but they are at a point where they recognize their heirs do not want to continue farming Ms Nealon stated the purpose of the plan is to expand choices and many of the recommendations revolve around choices and descriptions of what could happen She stated the place types are meant to describe the character of that place and what could happen based on the feedback received from the responses Commissioner Smith voiced his concerns that the map as proposed will create presumptions Mr Hitchings noted the draft plan , which includes the map , is a living document that can be updated when necessary Chairman Lawter reiterated that he interprets the draft plan to be a guide for the future Chairman Lawter also noted that there were members of the Steering Committee that make a living in the agriculture industry He suggested the draft plan be updated at least every five years Commissioner Smith referred to the section in the draft plan regarding implementation and stated this section refers to developing an action plan and forming implementation committees to meet regularly to determine the direction of the Board , which he believes is good He stated the draft plan was completed over a 14 - month period , and the Board needs to take the time to organize committees to review the sections in detail and bring recommendations back to the Commissioners Chairman Lawter stated he sees implementation occurring after adoption of the plan , but he is not opposed to having a committee that will meet regularly on the details of the plan and bring recommendations back to the Board Vice Chairman Harris agreed with Chairman Lawter and stated this plan is very important and the Board needs to get it right Commissioner R Braswell voiced his concerns that too many restrictions on land could prevent the younger generation from affording a home in the County He stated the Board needs to be methodical about the decisions for the future Commissioner Smith stated he did not see “ mixed use ” mentioned in the draft plan that speaks towards residential and nonresidential development working together He referred to pages 71 - 72 of the draft plan and asked if the plan could be clearer towards residential and nonresidential development to make good use of the land He stated this type of development limits travel and traffic Chairman Lawter stated once the plan is adopted , revisions will need to be made to the ordinances He stated the plan needs to be revisited every five years He asked his fellow Commissioners to consider committee structure and assignments Chairman Lawter thanked everyone for the good discussion stating it exemplifies the compassion this Board has for Johnston County The Board commended the consultants for their work 12 Manager Reports and Comments The County Manager had no report At the request of the Chairman , Planning Director Braston Newton provided the Board with an update regarding a shooting range on Tettersville Road in Four Oaks that has been operating in violation of the County’s ordinances and was mentioned during public comment Mr Newton spoke on the citations that have been issued to the property owner and stated if no response to cease and desist is received , it will be turned over to the Legal Department Mr Newton stated staff would continue to work through the process and has encouraged the community members to contact the County if the operations continue At the inquiry of the Chairman , Mr Newton reported the Request for Qualifications to update the County’s Transportation Plan has been issued with responses due back in November Page4179 October 17 , 2022 – 6 00 pm Continued 13 Board Reports and Comments Commissioner Ted G Godwin spoke on the importance of the upcoming bond referendum for school needs and noted that early voting will begin soon Commissioner April Stephens also spoke on the upcoming bond referendum and for citizens to be kept informed Commissioner Richard D Braswell spoke on an issue regarding wastewater service to the Cleveland Fire Department’s new station and asked for staff to look into the matter Vice Chairman Patrick E Harris stated he would like for staff to move forward with drafting a Request for Qualifications for design firms to begin looking at a building for the Department of Social Services Vice Chairman Harris stated even though property has not been identified , he would like to begin the RFQ process Following brief discussion , it was the consensus of the Board for staff to begin the RFQ process Chairman RS “ Butch ” Lawter , Jr asked staff to be looking ahead at a Request for Qualifications for firms to assist the County with necessary amendments to the Land Development Code once the Comprehensive Land Use Plan is adopted Chairman Lawter also asked for staff to add the draft Board Rules of Procedure to the November 7 , 2022 meeting for the Board to discuss 14 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board recessed regular session to sit in closed session for the purposes of consulting with an attorney employed by the Board in order to preserve the attorney - client privilege pursuant to North Carolina General Statute 143 - 31811 a 3 No action was taken by the Board There being no further business , Commissioner Fred J Smith , Jr moved the Board adjourn Commissioner Richard D Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 8 47 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage