February 15, 2021 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 791 Meeting of the Johnston County Board of Commissioners February 15 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 15 , 2021 at 6 00 pm in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Finance Officer and Deputy County Manager J Chad McLamb , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 24 pm meeting began late due to technical difficulties Commissioner Butch Lawter opened the meeting with a prayer Commissioner Ted G Godwin led everyone in the Pledge of Allegiance to the American Flag 1 Public Comment None 2 Cleveland Fire Department – Request for Tax Exempt Loan Status Cleveland Fire Department Chief Chris Ellington requested the Board to adopt two resolutions approving tax exempt loan status for loan modifications with First Citizens Bank , as follows ? Loan Modification in an amount up to 773,635 on the Cleveland Fire Station 1 located at 9039 Cleveland Road at an interest rate of 175 for a term of 4 years and 9 months ? Loan Modification in an amount up to 932,707 on the 2017 Pierce Enforcer Ladder Truck at an interest rate of 254 for a term of 10 years and 8 months Chief Ellington stated three financing proposals were requested and received and First Citizens offered the best terms Chief Ellington stated the loan modifications would allow the fire department to achieve better interest rates without increasing the length of the loans which would result in a significant savings He offered to answer any questions Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board adopted the following two resolutions as requested by the Cleveland Fire Department NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Cleveland Fire Department , Incorporated the “ FD ” , from First Citizens Bank & Trust Company in an amount up to 773,63500 for a loan modification on the Cleveland Fire Station 1 located at 9039 Cleveland Road RESOLVED , FURTHER , that the approval of the loan to the FD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the FD because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , as amended , and such approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt th Duly certified by the execution hereof and the placement hereon of the seal of said county , this 15 day of February , 2021 NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Cleveland Fire Department , Incorporated the “ FD ” , from First Citizens Bank & Trust Company in an amount up to 932,70700 for a loan modification on the 2017 Pierce Enforcer Ladder Truck RESOLVED , FURTHER , that the approval of the loan to the FD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the FD because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , as amended , and suchPage792 February 15 , 2021 – 6 00 pm Continued approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt th Duly certified by the execution hereof and the placement hereon of the seal of said county , this 15 day of February , 2021 3 Triangle Land Conservancy – Update to the Board Parks , Greenways , and Open Space Coordinator Adrian O’Neal introduced Leigh Ann Hammerbacher as the Director of Conservation and Stewardship - East for the Triangle Land Conservancy TLC Mr O’Neal stated he asked TLC to come and give an update to the Board on their current activities Ms Hammerbacher stated their mission is to protect open space across a six county region which includes Johnston County She stated they focus on wildlife habitats , water quality , places for people to connect with nature , and protecting local farms and forests She stated TLC updated their Strategic Action Plan in 2018 and set a goal of doubling their current pace of conservation to protect 25,000 acres by 2025 She noted they are on track to meet that goal and many of the projects are happening in Johnston County Ms Hammerbacher presented the following information Page793 February 15 , 2021 – 6 00 pm ContinuedPage794 February 15 , 2021 – 6 00 pm ContinuedPagePage pageNumber5795 February 15 , 2021 – 6 00 pm ContinuedPagePage pageNumber6796 February 15 , 2021 – 6 00 pm ContinuedPagePage pageNumber7797 February 15 , 2021 – 6 00 pm Continued Ms Hammerbacher concluded her presentation by stating they have many projects ongoing and they hope to continue to work with Johnston County She stated Johnston County has been great to collaborate with and they have a list of approximately 30 landowners they would like to work with on projects for land protection Ms Hammerbacher stated they have completed over 60 projects , currently valued at approximately 37 million At the inquiry of Commissioner Ted G Godwin , Ms Hammerbacher stated the current ten miles of trails on the Williamson Preserve are new , but were recently closed due to all the rain She stated those trails are normally open to the public every day from dawn to dusk Upon a question by Commissioner Butch Lawter , Ms Hammerbacher stated approximately 4,500 acres have been protected in Johnston County Commissioner Lawter expressed his appreciation to TLC for laying a foundation in Johnston County and stated he is glad to see Mr O’Neal working as the point person with them Commissioner Lawter stated he looks forward to continuing that work for the citizens of Johnston County Ms Hammerbacher thanked the Board and stated they look forward to continuing their work with Mr O’Neal 4 Emergency Services – Resolution Adopting the Cape Fear Regional Hazard Mitigation Plan Emergency Services Director Kevin Hubbard and Emergency Management Coordinator Sandy Wood presented a resolution to the Board for the 2020 Cape Fear Regional Hazard Mitigation Plan Ms Wood reported that Johnston County Emergency Services and the towns within the County have been working in collaboration with the members of the Cape Fear Regional Hazard Mitigation Team to update the Hazard Mitigation Plan The goal of hazard mitigation planning is to reduce the loss of life and property by minimizing the impact of disasters Ms Wood stated the Federal Disaster Mitigation Act of 2000 states that local governments must develop an All - Hazards Mitigation Plan in order to be eligible to receive future Hazard Mitigation Grant Program funds and other disaster - related assistance funding At the inquiry of Commissioner Ted G Godwin , Ms Wood stated basically the plan shows that Emergency Services has identified the hazards within the County and is working towards solutions Upon a question by Commissioner Patrick E Harris , Ms Wood stated the plan is required to be updated every five years Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board adopted the following resolution for the 2020 Cape Fear Regional Hazard Mitigation Plan PagePage pageNumber8798 February 15 , 2021 – 6 00 pm Continued RESOLUTION ADOPTING CAPE FEAR REGIONAL HAZARD MITIGATION PLAN WHEREAS , the citizens and property within Johnston County are subject to the effects of natural hazards that pose threats to lives and cause damage to property , and with the knowledge and experience that certain areas of the county are particularly vulnerable to drought , extreme heat , hailstorm , hurricane and tropical storm , lightning , thunderstorm wind high wind , tornado , winter storm and freeze , flood , hazardous material incident , and wildfire ; and WHEREAS , the County desires to seek ways to mitigate the impact of identified hazard risks ; and WHEREAS , the Legislature of the State of North Carolina has in Part 6 , Article 21 of Chapter 143 ; Parts 3 , 5 , and 8 of Article 19 of Chapter 160A ; and Article 8 of Chapter 160A of the North Carolina General Statutes , delegated to local governmental units the responsibility to adopt regulations designed to promote the public health , safety , and general welfare of its citizenry ; and WHEREAS , the Legislature of the State of North Carolina has enacted General Statute Section 166A - 1941 State emergency assistance funds which provides that for a state of emergency declared pursuant to GS 166A - 1920 a after the deadline established by the Federal Emergency Management Agency pursuant to the Disaster Mitigation Act of 2002 , PL 106 - 390 , the eligible entity shall have a hazard mitigation plan approved pursuant to the Stafford Act ; and WHEREAS , Section 322 of the Federal Disaster Mitigation Act of 2000 states that local governments must develop an All - Hazards Mitigation Plan in order to be eligible to receive future Hazard Mitigation Grant Program Funds and other disaster - related assistance funding and that said Plan must be updated and adopted within a five year cycle ; and WHEREAS , Johnston County has performed a comprehensive review and evaluation of each section of the previously approved Hazard Mitigation Plan and has updated the said plan as required under regulations at 44 CFR Part 201 and according to guidance issued by the Federal Emergency Management Agency and the North Carolina Division of Emergency Management WHEREAS , it is the intent of the Board of Commissioners of Johnston County to fulfill this obligation in order that the County will be eligible for federal and state assistance in the event that a state of disaster is declared for a hazard event affecting the County ; NOW , THEREFORE , Be It Resolved , that the Board of Commissioners of Johnston County hereby 1 Adopts the Cape Fear Regional Hazard Mitigation Plan 2 Vests Johnston County Emergency Management with the responsibility , authority , and the means to a Inform all concerned parties of this action b Cooperate with Federal , State and local agencies and private firms which undertake to study , survey , map and identify floodplain areas , and cooperate with neighboring communities with respect to management of adjoining floodplain areas in order to prevent exacerbation of existing hazard impacts 3 Appoints Johnston County Emergency Management to assure that the Hazard Mitigation Plan is reviewed annually and every five years as specified in the Plan to assure that the Plan is in compliance with all State and Federal regulations and that any needed revisions or amendments to the Plan are developed and presented to the Johnston County Board of Commissioners for consideration 4 Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Hazard Mitigation Plan th Adopted this the 15 day of February , 2021 5 Public Utilities – Proposed Utility Capital Reimbursement Agreement with Eastfield Associates Utilities Director Chandra Farmer , PE , stated the County provides bulk wastewater transmission and treatment for several bulk customers , including the Towns of Smithfield , Selma and Pine Level She reported as existing County facilities serving these towns reach capacity , the County’s capital improvements plan includes projects to increase system capacity to allow for future growth in these towns Ms Farmer stated in order for the County to receive and treat wastewater from the Town of Pine Level , the Town delivers all wastewater to the County’s existing Pine Level Wastewater Pump Station at 324 N Peedin Avenue , Pine Level PLWWPS The station pumps wastewater through an existing 6 ” force main towards Selma where it discharges into an existing gravity sewer main that parallels the Seaboard Coastline Railroad near where the railroad crosses under US Hwy 70 She stated the County also receives a portion of the Town of Selma’s wastewater at this location , but the County receives the majority of Selma’s flow at the Selma Equalization Wastewater Pump Station SEWWPS located at 1457 W Noble Street , Selma She reviewed a map with the Board outlining the current system Ms Farmer reported the County’s capital improvements plan includes a project to replace the existing 6 ” force main from the PLWWPS and divert wastewater from the existing discharge location to the SEWWPS The gravity sewer main downstream of the existing discharge location is at capacity She stated the project willPagePage pageNumber9799 February 15 , 2021 – 6 00 pm Continued include a new wastewater pump station in the vicinity of US Hwy 70 and the Seaboard Coastline Railroad and a force main from the new station to the SEWWPS and will allow for additional future flow from the Towns of Pine Level and Selma In addition , this will allow for excess capacity in the existing gravity sewer outfall that parallels the railroad , crosses the railroad and flows through Smithfield paralleling Buffalo Creek Ms Farmer explained the Town of Selma requested bulk wastewater service for a proposed development Eastfield on the southeast side of town vicinity of US Hwy 70 , US Hwy 70 A and Firetower Road She noted in order to accommodate this flow request , flow from the development must be diverted to the County’s SEWWPS Ms Farmer stated the developer Eastfield Associates , LLC started design of a new wastewater pump station to be located in the vicinity of US Hwy 70 Seaboard Coastline Railroad and force main from the new station to SEWWPS to serve their project Ms Farmer stated since similar facilities are included in the County’s capital improvements plan for flow diversion , staff recommends partnering with Eastfield Associates , LLC to design and construct facilities to meet their needs and the County’s capital project needs She reviewed the following key points of the developer reimbursement agreement with the Board 1 Eastfield shall design , permit , acquire necessary easements and complete construction for a new wastewater pump station at Seaboard Coastline Railroad and US Hwy 70 and 16 ” force main from the new pump station to the SEWWPS 2 County shall reimburse Eastfield for 50 of the costs of item # 1 above 3 Eastfield shall design , permit and complete necessary upgrades in order to divert to Selma’s PS # 3 to the new wastewater pump station 4 County shall reimburse Eastfield for all costs associated with item no 3 above 5 County shall design , permit , acquire necessary easements and complete construction for new force main from Town of Pine Level 6 Eastfield shall reimburse County for any costs associated with upsizing the necessary portion of the new force main from Pine Level in order to allow connection by Eastfield Ms Farmer stated staff proposes the transfer of ownership of the existing 6 ” force main from the Town of Pine Level to the Town of Selma and Town of Pine Level after completion of the new facilities Ms Farmer reviewed with the Board a map which identifies the existing and proposed facilities and presented the following proposed project budget Expenses Reimbursement for 50 of new wwps and 16 ” force main to SEWWPS 2,185,10000 Reimbursement for Flow Diversion of Selma PS No 3 117,15000 Total 2,302,25000 Funding Sewer System Development Fee Reserve 2,302,25000 Total 2,302,25000 Ms Farmer stated projected expenses are based on a cost estimate provided by the developer’s engineer Bohler Engineering dated February 2 , 2021 She noted the actual costs will be determined after construction contract bidding and may require a budget revision Ms Farmer stated staff would present a separate budget for the Pine Level Force Main after project bidding She stated staff respectfully requests the Board’s approval to enter into a reimbursement agreement with Eastfield Associates , LLC , approve the proposed project budget and approve the associated budget revision At the inquiry of Commissioner Butch Lawter , Ms Farmer stated in the future , when the County receives capacity fees from the Towns to purchase capacity , those fees would pay for the County’s share of the cost Commissioner Tony Braswell spoke on the project stating it is essential for additional flow for the Town of Pine Level Commissioner Braswell also stated a lot of time and discussion has been invested in the Eastfield Project Commissioner Fred J Smith , Jr stated he is not questioning the need for the project ; however , he has questions regarding the reimbursement agreement Commissioner Smith stated as he understands , the developer of the Eastfield Project has offered to secure a performance bond to make sure the County is protected and the project will be completed Page0800 February 15 , 2021 – 6 00 pm Continued Mr Kevin Dougherty , Eastfield Developer , stated he understands the concerns regarding the reimbursement agreement and he would be willing to secure a performance bond Chairman Chad M Stewart thanked Ms Dougherty for the Eastfield project and for his investment in Johnston County Motion Commissioner Fred J Smith , Jr moved the Board approve entering into a reimbursement agreement with Eastfield Associates , approve the proposed project budget and the associated budget revision , contingent upon the Eastfield Developer securing a performance bond for the project Commissioner Butch Lawter seconded the motion Further Discussion Commissioner Ted G Godwin stated he does not have an issue with the motion , but asked if it could also include language that the developer could secure a performance bond or be reimbursed at the end once the project is completed Upon a question by Commissioner Tony Braswell , Commissioner Smith stated he is doing a similar project in Wake County with the City of Raleigh and he must complete the entire project before receiving reimbursement Commissioner Smith stated the developer has agreed to put up a performance bond in order to receive reimbursement payments in increments during the project rather than at the end Commissioner Smith stated he wants to make sure the County is protected At the inquiry of Chairman Chad M Stewart , Ms Farmer stated the County has done similar reimbursement agreements in the past ; however , this is the largest to date Commissioner Braswell stated he wants to make sure there are no roadblocks for this project Chairman Stewart spoke on the importance of fairness and asked the staff to make sure this issue is also addressed in future similar projects Vote The motion carried by unanimous vote REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 83 85641816 50 Reimb For WWPS FM to SEWWPS 2,185,10000 83 85641817 Reimb For Flow Diversion of Selma PS # 3 117,15000 TOTAL NET EXPENDITURES 2,302,25000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 83 856436270 Transfer from SDF Reserve Fund for Capital 2,302,25000 Project Costs TOTAL NET REVENUE 2,302,25000 6 Budget Revisions Deputy County Manager and Finance Officer Chad McLamb requested the Board to approve the budget revisions listed in the agenda packet and offered to answer any questions Commissioner Larry Wood moved the Board approve the following budget amendments , seconded by Commissioner Patrick E Harris , and carried by unanimous vote Airport REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 60 65007400 Capital Outlay Fuel Truck 80,00000Page1801 February 15 , 2021 – 6 00 pm Continued TOTAL NET EXPENDITURES 80,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 60 650033990 Fund Balance Appropriated 80,00000 TOTAL NET REVENUE 80,00000 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101914 Wake Electric Roundup 2,51400 TOTAL NET EXPENDITURES 2,51400 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 2,51400 TOTAL NET REVENUE 2,51400 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001900 General Assistance 60500 10 61002111 Rent of Copy Machine 10735 10 61003211 Verifications 1500 10 61004515 Program Expense 1,51451 10 61054500 Contract Services 9223 10 61401902 State County General Assistance 16,41441 10 61401905 IV - E Foster Care 1,29584 10 61401906 State Foster Care 3,73638 10 61451906 State Foster Care 7661 TOTAL NET EXPENDITURES 23,85733 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 23,85733 TOTAL NET REVENUE 23,85733 7 Manager Reports and Comments A Construction Documents Bidding for Phase 2 - Public Safety Center County Manager Rick Hester stated Moseley Architects has completed the design development stage for the Phase 2 Public Safety Center Project which would house the Sheriff’s Office , 911 - Communications , and Emergency Services adjacent to the new Detention Center currently under construction Mr Hester stated the Board had previously directed staff to bring the Public Safety Center project back to the Board for approval of each phase before proceeding Mr Hester stated the next step would be construction document preparation and would cost 457,50000 to complete He stated the next step after construction document preparation would be the bidding process and if the Board chose to move forward with bidding at a cost of 57,000 , the bidders would go through a prequalification process similar to the Detention Center Project Mr Hester stated staff recommends proceeding with construction document preparation for the Public Safety Center Motion Commissioner Patrick E Harris stated in consideration of the favorable bidding climate the County saw for the Detention Center Project and that the Public Safety Center would help with overcrowding problems at the courthouse , he would like to also see the Board move forward with the bidding process Commissioner Harris moved the Board approve proceeding with the construction documents phase 457,500 and bidding phase 57,18750 in accordance with Amendment One of the Professional Services Agreement dated August 5 , 2020 with Mosely Architects , and that all bidding shall be consistent with public contracting procedures , includingPage2802 February 15 , 2021 – 6 00 pm Continued contractor prequalification , and that the Board of Commissioners may accept or reject bids received in accordance with North Carolina General Statute 143 - 129 Commissioner Larry Wood seconded the motion Discussion Commissioner Tony Braswell noted the Board would be discussing the overall Capital Improvements Plan at the upcoming work session and he questioned authorizing approval to proceed with both the construction documents preparation and bidding process before that discussion The Board briefly discussed the pros and cons of also moving forward with the bidding process Commissioner Butch Lawter noted that even if the prequalification and bidding process were completed , the actual construction bids would come back to the Board of Commissioners for review and approval before proceeding with a contract award to build the Public Safety Center Vote The motion carried unanimously 8 Board Reports and Comments A Legislative Items Commissioner Ted G Godwin stated he has been involved with the legislative goals process with the North Carolina Association of County Commissioners ; however , Representative Larry Strickland has also reached out wanting to know if there are any legislative priorities that he could be working on specifically for Johnston County At the inquiry of Chairman Chad M Stewart , County Attorney Jennifer Slusser stated any priorities could be forwarded to Representative Strickland informally , or the Board could discuss it again at the upcoming work session B Roadside Trash and Littering Commissioner Ted G Godwin stated he is continuing his research regarding ideas and proposals for roadside trash and littering and he plans to report back to the Board with more ideas in the future Commissioner Tony Braswell noted he also hears many complaints regarding roadside trash and littering and he suggested setting aside a date whereby organizations could come together and help clean up the County Commissioner Braswell asked the Commissioners to give some thought to the matter C Recognition of Health Director Dr Marilyn Pearson and the Health Department Commissioner Patrick E Harris noted he serves as the Commissioner Representative on the Board of Health and he called to everyone’s attention an article on the JoCo Report website that highlights the recent recognition by the Governor of Health Director Dr Marilyn Pearson Commissioner Harris spoke on his appreciation and admiration for Dr Pearson and her leadership over the Johnston County Health Department Commissioner Harris stated Dr Pearson , her staff , and the Board of Health all work very hard for the citizens of Johnston County and he appreciates all their efforts 9 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege , NCGS 14331811 a 4 – Economic Development , NCGS 14331811 a 5 – Acquisition of Property , and NCGS 14331811 a 6 – Personnel Commissioner Fred J Smith , Jr moved the Board go into 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 ; to discuss matters relating to the location or expansion of industries or other businesses in the area , pursuant to North Carolina General Statute 143 - 31811 a 4 ; to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property pursuant to North Carolina General Statute 143 - 31811 a 5 ; and for the purposes of personnel pursuant to North Carolina General Statute 143 - 31811 a 6 Commissioner Larry Wood seconded the motion which carried unanimously Page3803 February 15 , 2021 – 6 00 pm Continued Action was taken in open session Commissioner Ted G Godwin moved the Board adjourn closed session and resume regular session Commissioner Larry Wood seconded the motion , which carried by unanimous vote Weekend COVID - 19 Vaccination Clinics and Overtime Pay Commissioner Patrick E Harris moved to approve the following as it relates to the weekend COVID - 19 vaccination clinics and overtime pay 1 reimbursement of actual documented overtime personnel costs for school nurses working at Johnston County Government sponsored weekend vaccination clinics ; 2 reimbursement of actual documented overtime personnel costs for JCC employees working at Johnston County Government sponsored weekend vaccination clinics ; and 3 authorize the County Manager to pay County employees working at Johnston County Government sponsored weekend vaccination clinics overtime pay consistent with the Countys emergency response plan contained in the Johnston County Personnel Policy where nonexempt employees will be paid one and one - half times their regular rate of pay for actual hours worked beyond the regular 40 hour workweek and exempt employees will be paid at a rate of one time their regular rate of pay for actual hours worked at the county sponsored weekend clinics beyond the regular 40 hour work week Commissioner Tony Braswell seconded the motion which carried by unanimous vote There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 8 10 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage