October 7, 2019 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 51 Meeting of the Johnston County Board of Commissioners October 7 , 2019 10 00 am The Johnston County Board of Commissioners met in regular session Monday , October 7 , 2019 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 10 00 am Commissioner Butch Lawter opened the meeting with a prayer Chairman Godwin noted that Commissioner Chad M Stewart had been detained , but would be arriving to the meeting shortly VFW Post 5955 Selma led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Butch Lawter , and carried by unanimous vote , the Board approved the agenda moving the Solid Waste Decal Discussion to take place after the Delinquent Tax Collection Report 2 Consent Agenda Items Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – September 3 , 2019 10 00 am and 6 00 pm 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 Carriage Creek Drive SR 3349 ext , Evie Drive , and Edwin Lane – Carriage Creek – Phase 5 – Cleveland Township Polenta Fields Drive , Red Angus Drive , and Black Horse Way – Polenta Fields – Cleveland Township C Proclamation for Employee Appreciation Week – October 21 - 25 , 2019 adopted as follows JOHNSTON COUNTY EMPLOYEE APPRECIATION WEEK October 21 – October 25 , 2019 WHEREAS , Johnston County employees represent over 1,000 men and women , working in 31 different service departments and agencies , devoted to making Johnston County a better place to work and live ; and WHEREAS , Johnston County employees provide a multitude of services for all the citizens of the County ; and WHEREAS , Johnston County employees are both skilled and efficient in their jobs , making every effort to expend County tax dollars in the most effective way for the betterment of the County and its citizens ; and WHEREAS , Johnston County Government runs smoothly on a day to day basis primarily because of the dedicated employees in each of its departments and agencies NOW , THEREFORE , in appreciation for their dedication to the welfare of the citizens of our County , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the week of October 21 - 25 , 2019 as COUNTY EMPLOYEE APPRECIATION WEEK th Adopted this the 7 day of October , 2019 Page52 October 7 , 2019 – 10 00 am Continued D Alzheimer’s Disease Awareness and Caregivers Month Proclamation – November 2019 adopted as follows 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 WHEREAS , more than five million Americans are now living with Alzheimer’s disease and over fifteen million are serving as their caregivers ; and WHEREAS , more than half of all Americans know someone who has or had Alzheimer’s ; and WHEREAS , Alzheimer’s disease affects whole families since it is a long term illness that requires long term care ; 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 2019 as Alzheimer’s Disease Awareness and Caregivers Month in Johnston County and urges our citizens to commend its observance th Proclaimed this the 7 day of October , 2019 E Sheriff’s Office - Request to Surplus Equipment Per the request of Sheriff Steve Bizzell , the Board adopted the following resolution Resolution Approving Conveyance of Personal Property to A Nonprofit Organization Pursuant to GS 160A - 278 WHEREAS , the County of Johnston “ County ” owns a NRS Rescue Raft E - 140 Model 1085 , Serial No WS109705H505 along with accessories including paddles , electric blower pump , and hand pump which was utilized by Johnston County Sheriff’s Office for the provision of water rescue operations within Johnston County ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to a nonprofit corporation if the governing board deems the property to be surplus , obsolete , or unused ; and WHEREAS , the County of Johnston has determined that the personal property described above is surplus , obsolete , or unused ; and WHEREAS , the County of Johnston finds that the public will benefit from the conveyance of the property described above by assisting the nonprofit with equipment necessary to provide emergency services to Johnston County citizens THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS RESOLVES THAT 1 The manager and or finance officer of Johnston County is authorized to execute all documents necessary to convey title to a NRS Rescue Raft E - 140 Model 1085 , Serial No WS109705H505 along with accessories including paddles , electric blower pump , and hand pump to Princeton Volunteer Fire Department , Incorporated 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by assisting the Princeton Volunteer Fire Department , Incorporated with equipment necessary to provide water rescue operations within Johnston County 3 In accordance with the notice requirements of NCGS § 160A - 280 , public notice of this resolution was given by posting on the county’s website on September 23 , 2019 th Adopted this the 7 day of October , 2019 F Tax Releases & Refunds – 08 16 2019 – 09 15 2019 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNTPage53 October 7 , 2019 – 10 00 am Continued 8 16 2019 11 40 20 AM cfutch 2019 - 15384 2000191241 BYRD , GARRETT Q 76801 8 16 2019 3 36 50 PM ALassiter 2019 - 114837 2000215881 ZECALS , INC 28381 8 16 2019 4 07 36 PM ALassiter 2019 - 204415 2000193744 LEE , EARL L LIFE ESTATE 20373 8 16 2019 5 05 02 PM ALassiter 2019 - 31871 2000073767 EVANS , RICHARD 14882 8 20 2019 11 44 31 AM dwoodward2 2019 - 204851 2000155157 LEE , CHARLES FRED 10516 8 30 2019 10 39 15 AM ALassiter 2019 - 58754 54287520 LEE , SHERALD LOUIS 14694 8 30 2019 10 55 03 AM ALassiter 2019 - 66310 2000118098 METCALFE , CLAYTON B 11263 8 30 2019 1 49 18 PM ALassiter 2019 - 114710 2000215368 CARLY FOGLEMAN PHOTOGRAPHY 25502 8 30 2019 2 25 44 PM dwoodward2 2019 - 59193 2000201758 LILES , KATINA L 79139 8 30 2019 5 02 15 PM ALassiter 2019 - 32875 2000216168 TIAA COMMERCIAL FINANCE , INC 39840 9 3 2019 2 03 17 PM ALassiter 2019 - 110424 2000206671 FORD MOTOR COMPANY - TOOLING 54019 9 3 2019 3 44 04 PM ALassiter 2019 - 115521 2000219845 LAURENBERRY , DAVE 39940 9 3 2019 4 27 40 PM dwoodward2 2019 - 105508 2000194562 WILLOW SPRINGS FWB CHURCH 54504 9 4 2019 8 17 16 AM dwoodward2 2019 - 204750 11134740 BLACKMON , ESTELLE PARKER 28734 9 4 2019 8 22 37 AM dwoodward2 2019 - 204749 11134740 BLACKMON , ESTELLE PARKER 24871 9 4 2019 8 23 28 AM dwoodward2 2019 - 204748 11134740 BLACKMON , ESTELLE PARKER 32564 9 4 2019 8 24 15 AM dwoodward2 2019 - 204747 11134740 BLACKMON , ESTELLE PARKER 32564 9 4 2019 8 25 06 AM dwoodward2 2019 - 204757 11134740 BLACKMON , ESTELLE PARKER 28543 9 4 2019 8 25 42 AM dwoodward2 2019 - 204756 11134740 BLACKMON , ESTELLE PARKER 24693 9 4 2019 2 45 22 PM ALassiter 2019 - 204808 2000199862 VANN PAIR 2,84130 9 5 2019 10 21 15 AM ALassiter 2019 - 84330 2000189798 RRT INVESTMENTS LLC 12325 9 6 2019 2 05 07 PM ALassiter 2019 - 5064 2000172311 ASPLUNDH TREE EXPERT , LLC 3,78835 9 9 2019 10 34 33 AM cfutch 2018 - 110332 2000206419 3RD STEET ENTERTAINMENT LLC 2,71778 9 9 2019 4 14 33 PM dwoodward2 2019 - 19958 2000213783 ROUSE , DEIRDRE EDWARDS 3,75819 9 10 2019 3 24 39 PM ALassiter 2019 - 114807 82436941 STANLEY , GORDON MACK 26551 9 12 2019 9 27 14 AM ALassiter 2019 - 17530 2000049112 CAMPBELL , EPHERIAM 20576 9 12 2019 1 35 19 PM ALassiter 2019 - 204953 2000221868 HEONES , CHARLOTTE 23426 9 12 2019 1 43 22 PM ALassiter 2019 - 204630 2000220928 FLORIDA FAST BOATS LLC 14883 9 12 2019 1 58 25 PM ALassiter 2019 - 114905 2000216114 LEATH OUTDOOR , LLC 46902 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 8 16 2019 9 38 15 AM ajsoutherland 2019 - 63194 2000048425 MAYBEE , CLYDE B JR 19500 8 16 2019 10 56 39 AM ajsoutherland 2019 - 84204 2000167377 ROUSE , RICHARD BOYD 38000 8 16 2019 11 42 51 AM cfutch 2019 - 15384 2000191241 BYRD , GARRETT Q 76801 8 21 2019 2 09 09 PM LOCKBOX 2019 - 113162 2000212271 FLOWERS , CAMERON S 26641 8 23 2019 2 10 38 PM LOCKBOX 2019 - 2200 2000139265 ALLEN , FLOY MASSENGILL 16212 8 23 2019 2 10 38 PM LOCKBOX 2019 - 113086 2000212107 WOODARD , VICK SHERRILL 44854 8 23 2019 3 48 29 PM ajsoutherland 2019 - 36434 2000165234 GIRARD , DANIEL M 20000 8 27 2019 12 20 36 PM Jodee 2019 - 108086 2000177715 YELTON , AMBER MARIE 12941 Langdon 8 27 2019 3 01 31 PM ajsoutherland 2019 - 58794 2000200172 LEVELSET PROPERTIES , LLC 1,77696 8 29 2019 2 47 49 PM LOCKBOX 2019 - 41691 2000101447 HEARON LOVE , BETTY CAROLYN 4,38708 8 30 2019 3 07 52 PM ajsoutherland 2019 - 99107 2000046542 UNDERWOOD , PEGGY THOMAS 84275 9 3 2019 8 32 04 AM awestbrook 2019 - 112629 2000210972 WILSON , JEFFREY LAWRENCE 33462 9 3 2019 3 36 29 PM jmorrow 2019 - 34068 2000020612 FOUR OAKS BANK & TRUST CO 1,98803 9 5 2019 12 09 23 PM awestbrook 2019 - 34067 5144570 FOUR OAKS BANK & TRUST 14,22111 9 9 2019 10 38 42 AM cfutch 2019 - 110332 2000206419 3RD STEET ENTERTAINMENT LLC 57080 9 12 2019 11 30 08 AM awestbrook 2019 - 60013 2000189275 LONG , JOHN RODNEY SR 87007 9 12 2019 11 34 27 AM awestbrook 2019 - 28776 2000189736 DRIVER , STEPHEN VERNON 25009 9 12 2019 1 09 02 PM Jodee 2019 - 18115 2000110484 CAULDER , PATRICIA S 19952 Langdon North Carolina Vehicle Tax System - Pending Refund Report – August 2019 100 + Payee Name Bill # Transaction Refund Total # Reason Change BIO , 0049323786 110950642 Adjustment 9378 Page54 October 7 , 2019 – 10 00 am Continued GIANFRANCO 740 SALVATORE 10118 RALPH HODGE 0043679274 221528248 Situs error 000 CONSTRUCTION 19488 COMPANY 2735 6496 23249 RALPH HODGE 0043679208 221528288 Situs error 000 CONSTRUCTION 27916 COMPANY 3918 9305 33303 SMITH , WILLIAM 0045065443 224073604 Situs error 000 JAMES 18166 2311 6055 21910 September 24 , 2019 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Jocelyn Andrews A complete record of this information is on file in the County Finance Office Totals from 08 15 19 to 09 15 19 Tax refunds - Personal Real Property 97315 Tax releases - Personal Real Property 1,27140 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 Public Comments A Recognition of Johnston County Finance Department Director of Finance and Assistant County Manager Chad McLamb recognized the Johnston County Finance Department staff for once again being awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment Mr McLamb stated he is pleased th to note that this is the 9 year in a row the Finance Department has received the award and he is extremely proud of his staff The Board congratulated and commended the Finance Department B Charter - Spectrum Representative Mr Joe Prater with Charter - Spectrum , introduced himself to the Board as the new Manager of Governmental Affairs , and he asked the Board to call on him for any assistance needed in the future The Board welcomed Mr Prater to the meeting C Comments from Teena Baker , DSS Employee DSS Employee Teena Baker addressed the Board and stated she has been with the Johnston County Department of Social Services since 2008 Ms Baker spoke on the increased caseload at the Department of Social Services and stated the employees are finding it difficult to keep up with the caseload demand She spoke on the need for more work space at DSS as well as competitive salaries Ms Baker stated the type of work at DSS is difficult and they need employees that can work in that type of stressful environment Ms Baker stated she has a passion for the work she does , for the employees at DSS , and she cares deeply about the services they provide The Board thanked Ms Baker for her comments Commissioner Chad M Stewart arrived to the meeting PagePage pageNumber555 October 7 , 2019 – 10 00 am Continued 4 Harbor – Proclamation for Domestic Violence Awareness Month Harbor Executive Director Kay Johnson addressed the Board along with Harbor Board of Directors Chair Ruth Anderson to request the adoption of a proclamation for Domestic Violence Awareness Month Ms Johnson updated the Board on the activities at the Harbor shelter and invited the Board to attend an event at the Johnston County Courthouse Atrium on October 30 , 2019 at 12 45 pm She stated the event will begin with a brief program followed by a silent walk around the block and end with a light lunch Commissioner Jeffrey P Carver read the following proclamation aloud and moved for its adoption Commissioner Larry Wood seconded the motion which carried by unanimous vote PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2019 WHEREAS , home should be a place of warmth , unconditional love , safety , and peace ; however , tragically for many Americans , these are blessings that are tarnished by violence and fear ; and WHEREAS , domestic violence touches the lives of Americans of all ages , leaving a devastating impact on women , men , and children of every background and circumstance with a family’s home becoming a place of fear , hopelessness , and desperation when a woman is battered by her partner , a child witnesses the abuse of a loved one , or a senior is victimized by family members ; and WHEREAS , domestic violence remains a major public health , social justice , and human rights issue requiring particular attention , and its interventions must be with the inclusion of both women and men at all levels ; and WHEREAS , there is an urgent need , more than ever , to get involved ; and WHEREAS , the wide prevalence of domestic violence and sexual assault , along with the shocking silence and inaction around these issues , compels all of us to come together and get involved to end the abusive violence in our relationships , in our families , and in our communities ; and WHEREAS , since 1984 , HARBOR , INCORPORATED has been actively involved in addressing domestic violence in our community and has collaborated with numerous people and groups to respond , educate , and bring awareness to all people about domestic violence ; and WHEREAS , HARBOR , INCORPORATED serves approximately 3,000 direct victims and others annually and would like to invite everyone to support October 2019 as Domestic Violence Awareness Month , as it will be dedicated to the VOICES HAVE POWER ” Campaign Together We Can End Domestic Violence and Sexual Assault ; and WHEREAS , this campaign underscores the urgent need for involvement by taking action , speaking out , breaking our silence , and seeking help when we see this problem in our life , in our family , and in our community NOW THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners does hereby proclaim the month of October 2019 as Domestic Violence Awareness Month and urges all citizens to observe this month by becoming aware of the tragedy of domestic violence , support those who are working toward its end , and make a personal commitment to get involved in the “ VOICES HAVE POWER ” Campaign Proclaimed this the 7th day of October 2019 5 Alliance – Update on Medicaid Transformation Rob Robinson , Chief Executive Officer with Alliance Health , addressed the Board and introduced Sara Wilson as the Director of Governmental Affairs , Beth Melcher as the Vice President of Care Management , and Lori Caviness as the Johnston County Site Director Mr Robinson thanked the Board for allowing them the opportunity to provide an update on Medicaid Transformation and he along with Ms Melcher and Ms Wilson reviewed the following information with the Board PagePage pageNumber656 October 7 , 2019 – 10 00 am ContinuedPagePage pageNumber757 October 7 , 2019 – 10 00 am Continued At the inquiry of Commissioner Chad M Stewart , Ms Melcher stated any savings generated on the Medicaid side of their operations are transferred to their fund balance in the hopes of spending those funds on developing more programs and services for the community Ms Melcher stated unfortunately , those funds have been used to offset funding cuts on the non - Medicaid side of their operations in recent years Upon a question by Commissioner Larry Wood , Mr Robinson explained the eligibility process and how someone would go about receiving services The Board thanked the Alliance representatives for the information 6 Social Services – Request for Additional Positions Social Services Director Scott Sabatino asked the Board to consider approving five additional processing positions for Medicaid Mr Sabatino stated in 2014 , Social Services began processing Medicaid eligibility claims with a staff of five He spoke on the growth the County has seen since that time and stated inPagePage pageNumber858 October 7 , 2019 – 10 00 am Continued May of 2016 , DSS was processing approximately 213 cases ; however , in May of 2018 that number had grown to 872 cases Mr Sabatino spoke on the continued increase of people coming in for Medicaid and stated the staff is currently working four hours of mandatory overtime and four hours of voluntary overtime each week He noted this past Saturday the staff worked a mandatory eight hour workday to try and get the numbers down Mr Sabatino stated if the positions are approved , the County would receive a 75 reimbursement towards the cost He reported he has been working with Buildings & Grounds Director Daniel Clifton on where to put the additional people and his staff has told him that they would be willing to double and triple up in existing offices if they could get the help Mr Sabatino introduced DSS Board Chair Dr Giffin Lockett and offered to answer any questions At the inquiry of Commissioner Chad M Stewart , Mr Sabatino stated he had asked for the positions in the Fiscal Year 2019 - 2020 budget , but they were not approved Mr Sabatino noted the positions needed for foster care were approved in the budget ; however , DSS has many needs and their caseload continues to increase Social Services Lead Administrator Vynette Duncan echoed Mr Sabatino’s request for the additional positions and spoke on the demanding nature of the work and how difficult it is to keep employees in an environment where the workload is overwhelming Commissioner Tony Braswell asked Mr Sabatino if the additional five positions would solve the staffing issue or does he foresee having to come back later on and request even more positions Mr Sabatino stated the additional five positions would help get them through the rest of the fiscal year ; however , he will be requesting more positions in the next budget year and he hopes to have some kind of strategic plan to address things long term Chairman Ted G Godwin asked how the request would affect the budget if approved County Manager Rick Hester stated he thinks that given what Social Services has been spending to pay overtime costs , it is possible that the cost to add five positions could be absorbed from funds currently being used to pay the overtime Finance Director and Assistant County Manager Chad McLamb stated if the request is approved , staff would generate a budget revision to cover the full amount needed for the five additional positions and would also account for the 75 reimbursement revenue Commissioner Tony Braswell moved the Board approve five additional processing positions for Medicaid eligibility processing Commissioner Patrick E Harris seconded the motion which carried by unanimous vote 7 Public Utilities – Proposed Amendment No 6 to the City of Raleigh Utility Service Area Agreement Utilities Director Chandra Farmer , PE , explained that Johnston County and the City of Raleigh entered into an inter - local agreement dated July 29 , 2008 allowing Johnston County to provide water service along water mains located in Wake County for previously approved development and to assist in matters of public health and welfare Ms Farmer reported an Amendment No 5 to the agreement was approved in 2015 establishing a protocol for determining “ matters of public health and welfare , ” allowing Johnston County to provide service to currently undeveloped lots in existing subdivisions where developed lots are served with County water , updating the exhibits , and clearly stating that Johnston County shall own , operate and maintain our water mains located in Wake County Ms Farmer continued that Amendment No 5 included exhibits specifically identifying undeveloped lots no home construction eligible for future service by Johnston County in existing subdivisions where the built upon lots are already served with County water However , some lots previously recorded as part of a subdivision but immediately adjacent to the County water main were not included in the exhibit Ms Farmer stated County staff has met with Wake County , Town of Garner and City of Raleigh staff to amend the agreement to include these lots as originally intended She clarified that the proposed amendment does not allow any water main extensions or new lots to connect to Johnston County water , but rather these are lots that were already recorded as a part of the subdivision served by Johnston County prior to the inception of the original agreement Ms Farmer stated the Department of Utilities respectfully requests the Board’s consideration of Amendment No 6 to the Johnston County City of Raleigh inter - local agreement dated July 29 , 2008 Ms Farmer stated this amendment would be a correction to Amendment No 5 PagePage pageNumber959 October 7 , 2019 – 10 00 am Continued At the inquiry of Commissioner Chad M Stewart , Ms Farmer stated there were some concerns of possible contamination issues in some wells in that area Commissioner Larry Wood asked how many recorded lots would this amendment cover Ms Farmer responded that the number of recorded lots inadvertently left out of Amendment No 5 was less than ten Commissioner Chad M Stewart moved the Board approve Amendment No 6 as follows , seconded by Commissioner Larry Wood , and carried unanimously STATE OF NORTH CAROLINA COUNTY OF WAKE SIXTH AMENDMENT TO THE JOHNSTON COUNTY CITY OF RALEIGH UTILITY SERVICE AREA AGREEMENT This AMENDMENT to the Johnston County Raleigh Interlocal Agreement is entered into this _____day of _______ , 2019 , by and between the City of Raleigh , hereinafter referred to as “ RALEIGH ” , and the County of Johnston , hereinafter referred to as “ COUNTY ” WITNESSETH WHEREAS , RALEIGH and the COUNTY entered into an Interlocal agreement on July 29 , 2008 , which shall hereinafter be referred to as the Utility Service Area Agreement ; and WHEREAS , the Utility Service Area Agreement has been amended since the since the date of the original agreement to allow the COUNTY to provide water service to additional properties in Wake County ; and WHEREAS , the Utility Service Area Agreement is intended to permit COUNTY water service to previously recorded individual residential lots contiguous to the COUNTY’s existing water mains pursuant to the terms of this Utility Service Area Agreement ; and WHEREAS , all previously recorded individual residential lots along the route of , and contiguous to the COUNTY’s existing water mains were not identified and included in previous amendments to allow their connection to the COUNTY’s existing water mains and WHEREAS , the COUNTY and RALEIGH desire to amend the Utility Service Area Agreement to allow for administrative approval to connect previously recorded individual residential lots contiguous to the COUNTY’s existing water mains NOW , THERFORE , the COUNTY and RALEIGH mutually agree to amend the UTILITY SERVICE AREA AGREEMENT as follows 1 Add the following new paragraph after the next to last paragraph of paragraph 3 , as amended by the Fifth Amendment to this Utility Service Area Agreement RALEIGH and the COUNTY also agree to administratively allow the COUNTY to add additional ¾ ” individual service connections to the COUNTY’s existing water mains located within Wake County and the Town of Garner’s service area for residential lots recorded as part of a subdivision consisting of more than three lots prior to July 28 , 2008 , and located contiguous to the COUNTY’s existing water mains 2 Add the following paragraph to the end of paragraph 3 For the purposes of this Utility Service Area Agreement , “ administratively allow ” means that the CITY’s Director of Public Utilities , after consultation with the Town of Garner , approves of a request by the COUNTY’s Director of Public Utilities to permit the connection of one or more parcels to the COUNTY’s water mains pursuant to the limitations of this Utility Service Area Agreement Except as amended according to the terms herein , the Utility Service Area Agreement shall remain in full effect IN WITNESS WHEREOF , Raleigh has executed the foregoing with the signature s of its duly authorized officer s , under seal , and Johnston County has executed with the signature of the County Manager , attested by its County Clerk , with the official seal affixed , the day and year first above written 8 County Attorney – Adoption of Involuntary Commitment Transportation Agreement Plan County Attorney Jennifer Slusser reported that North Carolina General Statute 122C - 251 requires counties to adopt a plan known as an “ involuntary commitment transportation agreement ” for the custody and transportation of respondents in involuntary commitment proceedings She stated staff has drafted the plan for the Board’s consideration and Sheriff Steve Bizzell along with Health Director Dr Marilyn Pearson have reviewed and support the plan as drafted Ms Slusser offered to answer any questions Page060 October 7 , 2019 – 10 00 am Continued Commissioner Tony Braswell moved the Board adopt the following Involuntary Commitment Transportation Agreement Plan , seconded by Commissioner Chad M Stewart , and carried unanimously COUNTY OF JOHNSTON INVOLUNTARY COMMITMENT TRANSPORTATION AGREEMENT WHEREAS , Chapter 122C of the North Carolina General Statutes provides extensive guidance and requirements concerning the involuntary commitment process , to include assigning responsibilities for transportation of respondents and setting standards regarding such transports ; and , WHEREAS , by Session Law 2018 - 33 , the General Statutes in this area were revised and include certain new obligations , among them a requirement for local governments to adopt written Transportation Agreements providing for the custody and transportation of persons subject to involuntary commitment proceedings ; and , WHEREAS , Johnston County has assembled a working group of relevant stakeholders to review the statutory requirements and prepare the necessary Transportation Agreement ; and , WHEREAS , the Board of County Commissioners wishes to make clear the policies of Johnston County with regard to upholding the dignity of , and minimizing the physical and emotional stress on , persons going through the involuntary commitment process , while still maintaining their safety , as well as that of the persons transporting them , and the public NOW , THEREFORE , THE BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON HEREBY RESOLVE 1 The Following plan for the custody and transportation of persons subject to involuntary commitment proceedings A SCOPE OF AGREEMENT It is the policy of the County of Johnston to transport persons subject to involuntary mental commitments “ Respondents ” in conformity with the requirements set forth in Chapter 122C of the North Carolina General Statutes This agreement regarding transportation of Respondents which are the responsibility of the County of Johnston shall be accomplished by the Sheriff of Johnston County B SERVICE OF INVOLUNTARY COMMITMENT ORDERS ON RESPONDENTS The initial service of the Involuntary Commitment Order upon a Respondent and the initial custody of the Respondent shall be accomplished by a law enforcement officer pursuant to NCGS § 122C - 261 e , except when the Respondent is already present at the 24 hour facility they are being committed to , in which case the facility shall effect service using the procedures set forth in NCGS § 122C - 261 d 5 C PROCEDURES FOR TRANSPORTATION OF RESPONDENTS Law enforcement officers transporting Respondents , hereinafter referred to as “ transporting officers ” , shall , to the extent feasible , dress in plain clothes , travel in unmarked vehicles , and advise Respondents when either taking them into custody or preforming transport , that the Respondent is not under arrest , has not committed a crime , but is being transported to receive treatment for their own safety and that of others To the extent feasible , when transporting a Respondent , there shall be a driver or attendant who is the same gender as the Respondent , unless a friend or family member of the Respondent is allowed to accompany the Respondent in lieu of an attendant of the same gender as the Respondent A decision to permit a friend or family member of the Respondent to accompany them shall be in the sole discretion of the transporting officer In providing transportation pursuant to this policy , transporting officers , may use reasonable force to restrain the Respondent if it appears necessary to protect themselves , the Respondent or others , based on the circumstances and information known to them Any use of restraints shall be as reasonably determined by the transporting officer to be necessary under the circumstances for the safety or the Respondent , the transporting officer , and other persons Notwithstanding the foregoing , every effort to avoid restraint of a child under the age of 10 shall be made by the transporting officer unless the child’s behavior , or other circumstances , dictate that restraint is necessary Transporting officers should respond to all inquiries from the committing facility concerning the Respondent’s behavior and the use of any restraints related to the custody and transportation of the Respondent , except in circumstances where providing that information is confidential or would otherwise compromise a law enforcement investigation All transporting officers transporting Respondents shall be subject to the terms of this agreement Persons so designated or otherwise required to provide all or parts of the custody and transportation required by involuntary commitment proceedings shall be trained using appropriate lesson plans for interacting with the mentally ill , emotionally disturbed , and other special populations as set forth in NCGS § 122 - 2022 a 3 Those lesson plans shall assure adequate safety and protections for both the public and the Respondent Transporting officers transporting Respondents shall provide the transportation and follow the procedures in this policy and appropriate statutes in Article 5 , Chapter 122C of the North Carolina General Statutes D AMENDMENT OF THIS AGREEMENT Should Johnston County deem it appropriate to modify this transportation agreement , it will submit the modified agreement to the magistrates in its judicial district , county clerks of court , the LME MCO that serves Johnston County , and the Division of Mental Health , Developmental Disabilities and Substance Abuse Services at least 10 day prior to the effective date of the new agreement Approved and adopted by the Johnston County Board of Commissioners with the effective date of October 7 , 2019 Page161 October 7 , 2019 – 10 00 am Continued 9 Budget Revisions Assistant 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 Chad M Stewart moved the Board approve the following budget amendments , seconded by Commissioner Patrick E Harris , and carried by unanimous vote Fiscal Year 2018 - 2019 Budget Revisions LEO Separation REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 27 51100200 Salaries and Wages 56,05500 27 51100501 Social Security 4,07100 27 51100600 Health Insurance 11,26200 TOTAL NET EXPENDITURES 71,38800 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 27 511037900 Investment Income 32,01000 27 511033990 Fund Balance Appropriated 39,37800 TOTAL NET REVENUE 71,38800 Motor Vehicle Tax REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 55 66506010 Archer Lodge 42,77100 55 66506011 Banner 5,53000 55 66506012 Beulah 1,91300 55 66506013 Bentonville 19100 55 66506014 Blackman’s Crossroads 1,35600 55 66506015 Boon Hill 3,03200 55 66506016 Brogden 3,82100 55 66506017 Claytex 52,88000 55 66506018 Corinth Holder 10,52800 55 66506019 Meadow 1,74000 55 66506020 Elevation 11,41500 55 66506021 50 - 210 26,54700 55 66506022 Micro 2,61100 55 66506023 Newton Grove 46100 55 66506024 McLemore 47,35800 55 66506026 Oakland 26300 55 66506027 Oneals 6,29000 55 66506028 Pine Level 5,65400 55 66506029 Selma 9600 55 66506030 Shoeheel 6,04500 55 66506031 Smithfield 4,51700 55 66506033 Thanksgiving 20,23800 55 66506034 West Johnston 6,17200 55 66506035 Wilson’s Mills 23,07800 55 66506036 Wynn 7,47600 55 66506038 Whitley Heights 3000 55 66506039 Town of Smithfield 76,89200 55 66506040 Town of Kenly 3,49300 55 66506041 Town of Selma 8,10100 55 66506042 Town of Clayton 699,28600 55 66506043 Town of Benson 38,33100 55 66506044 Town of Four Oaks 14,99900 55 66506045 Town of Princeton 8,84400 55 66506046 Town of Pine Level 11,97200 55 66506047 Town of Micro 3,33500 55 66506050 Town of Wilson’s Mills 22,73000 55 66506051 Town of Archer Lodge 31,80700 55 66506048 Transfer to General Fund 1,863,15000Page262 October 7 , 2019 – 10 00 am Continued TOTAL NET EXPENDITURES 3,074,95300 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 55 665031201 Archer Lodge 39,84000 55 665031202 Banner 5,53000 55 665031203 Beulah 1,91300 55 665031204 Bentonville 19100 55 665031205 Blackman’s Crossroads 1,35600 55 665031206 Boon Hill 2,98100 55 665031207 Brogden 3,36800 55 665031208 Claytex 52,88000 55 665031209 Corinth Holder 10,52800 55 665031210 Meadow 1,74000 55 665031211 Elevation 11,41500 55 665031212 50 - 210 25,54300 55 665031213 Micro 2,54200 55 665031214 Newton Grove 40000 55 665031215 McLemore 46,36600 55 665031217 Oakland 26300 55 665031218 Oneals 6,29000 55 665031219 Pine Level 5,65400 55 665031221 Shoeheel 5,78700 55 665031222 Smithfield 4,51700 55 665031224 Thanksgiving 19,89800 55 665031226 Wilson’s Mills 22,80300 55 665031227 Wynn 7,47600 55 665031229 Whitley Heights 3000 55 665031329 Town of Archer Lodge 91,89000 55 665031330 Town of Benson 35,56200 55 665031331 Town of Clayton 661,63800 55 665031332 Town of Four Oaks 14,99900 55 665031333 Town of Kenly 3,49300 55 665031334 Town of Micro 3,33500 55 665031335 Town of Pine Level 11,97200 55 665031336 Town of Princeton 7,94700 55 665031337 Town of Selma 7,73700 55 665031338 Town of Smithfield 71,18900 55 665031340 Transfer to General Fund 1,863,15000 55 665031342 Town of Wilson’s Mills 22,73000 TOTAL NET REVENUE 3,074,95300 Fiscal Year 2019 - 2020 Budget Revisions Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59157050 Non - Major Capital Assets 1,55800 10 59207050 Non - Major Capital Assets 16,34500 10 59257050 Non - Major Capital Assets 16,50700 10 59457050 Non - Major Capital Assets 48,90300 10 59607050 Non - Major Capital Assets 10,03400 TOTAL NET EXPENDITURES 93,34700 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591534154 Medicaid 1,55800 10 592034154 Medicaid 16,34500 10 592534154 Medicaid 16,50700 10 594534154 Medicaid 48,90300 10 596034154 Medicaid 10,03400 TOTAL NET REVENUE 93,34700Page363 October 7 , 2019 – 10 00 am Continued Heritage Center REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 19 44752100 Equipment & Building Lease 15,00000 19 44757050 Non - Major Capital Assets 10,00000 TOTAL NET EXPENDITURES 25,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 19 447533422 Donations 25,00000 TOTAL NET REVENUE 25,00000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51000210 Salaries Overtime 8,63100 10 51000300 Salaries Part - time 15464 10 51000400 Legal & Professional Fees 28810 10 51001700 Vehicles 8,48723 10 51004300 Special Services 50300 10 51007414 Capital Outlay – Sheriff 65538 TOTAL NET EXPENDITURES 18,71935 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 65538 10 510032509 Insurance Recovery 91661 10 510033099 Miscellaneous Revenue 9,34462 10 510035104 Sheriff Fees 7,36000 10 510036189 Sale of Unclaimed Property 44274 TOTAL NET REVENUE 18,71935 10 Appointments Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Butch Lawter , and carried unanimously , the Board made the following appointments and granted waivers in the length of service policy where needed A Child Fatality Prevention Team – Reappointed Thomas E Glithero representing community at large and appointed Adam Stanley representing firefighter for three year terms to expire on October 31 , 2022 B Johnston County Heritage Commission – Reappointed Pearl Blackmon , Carolyn G Ennis , Charles W Creech , Ashley Webster , Monica Davis , and Vicky Temple - Rains and appointed Lettie Inez Best for two year terms to expire on October 31 , 2021 Ms Blackmon , Ms Ennis , Mr Creech , and Ms Temple - Rains received waivers in the length of service policy C Moccasin Creek Service District Board – Reappointed Richard D Braswell representing Rural Area for a two year term to expire on October 31 , 2021 Mr Braswell was granted a waiver in the length of service policy D Newton Grove Fire Protection District Commission – Appointed Taylor Raynor for a term to expire on April 30 , 2021 E Nursing Home Adult Care Home Community Advisory Board – Reappointed Patricia Meigs for a three year term to expire on October 31 , 2022 Page464 October 7 , 2019 – 10 00 am Continued Other Appointments F Local Emergency Planning Commission – Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board reappointed Marie J Rogers representing Community Groups and appointed Robert Harding representing Community Groups and Tim Shipman representing Community Groups for two year terms to expire on October 31 , 2021 ; and further reclassified existing member Gregory Percy to represent the Law Enforcement Officer position G Firefighter’s Relief Fund Board of Trustees – Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board reappointed appointed the following individuals for two year terms to expire on October 31 , 2021 indicates a waiver granted in the length of service policy Archer Lodge – Clyde Castleberry was reappointed Bentonville – Wayne Langston was reappointed Beulah – Douglas R Whitley was reappointed Blackman’s X’Rds – Aaron Allen Wood was reappointed Boon Hill – Mike Rose was appointed Corinth - Holders – Carol Woodard was reappointed Elevation – Jerry T Allen was reappointed 50 210 – Vann Sauls was appointed McLemore – David Rudolph Wells , Sr was reappointed Micro – Johnny J Dixon was reappointed Shoeheel – Jimmy Colin Batten was reappointed Strickland’s X’Rds – Lynwood Keith Parker was reappointed Thanksgiving – William Gerald Fowler was reappointed Wilson’s Mills – Ben Youngblood was reappointed Wynn – Clarence Junior Allen was reappointed Brogden – In a unanimous vote show of hands the Board reappointed Dennis Elton Evans and granted Mr Evans a waiver in the length of service policy H Tourism Authority – In a unanimous vote show of hands , the Board appointed Mark McDonnell representing an owner or operator of a hotel , motel , or other taxable tourist accommodation for a three year term to expire on October 31 , 2022 I Alcoholic Beverage Control Board – Ralph L Stewart , Jr was appointed for a three year term to expire on October 31 , 2022 via the following vote show of hands Voting for Ralph L Stewart Jr – Commissioners Ted G Godwin , Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , and Patrick E Harris Voting for Cathy Clayton – Commissioner Butch Lawter 11 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of August She presented the following information Enforced Collections August 2019 YTD Wage Garnishments 25 94 Bank Attachments 25 46 Levies 0 0 Foreclosures Complaints Filed August 2019 0 17 Pending Page565 October 7 , 2019 – 10 00 am Continued Dollars Collected August 2019 0 The latest foreclosure sale date was September 30 , 2019 As of August 30 , 2019 , the Tax Department has collected 760 of the real and personal levy for 2019 The registered motor vehicle collections for August 2019 was 1,527,77566 and YTD 19 - 20 is 3,056,03698 12 Solid Waste Decal Discussion Solid Waste Services Director Rick Proctor presented the following information to the Board Mr Proctor stated as the Board is aware , the County currently utilizes the decal system for individuals to dispose of their trash at the convenience center sites He continued that staff was tasked with looking at possible alternatives to the decal system and staff surveyed the surrounding counties to determine how they handle solid waste disposal Mr Proctor shared that information with the Board Page666 October 7 , 2019 – 10 00 am Continued Mr Proctor reviewed the following four models for the Board’s consideration Mr Proctor stated with the General Fund Model , the decals would be eliminated and if this proposal were adopted , staff anticipates it would create an influx of customers necessitating various capital improvements Page767 October 7 , 2019 – 10 00 am Continued Mr Proctor stated the Convenience Fee Model would also require capital improvements to handle an increased flow of trash which staff anticipates He reviewed the model with the Board Mr Proctor stated under the Duel Fee Model , a 20 annual recycling fee could be applied to all taxable residences in the County , including citizens within the municipalities He stated a second fee of 48 would be applied to taxable residences outside of the municipalities for solid waste disposal Mr Proctor noted with any program , the County cannot profit from the fees collected He offered to answer any questions Commissioners Tony Braswell and Larry Wood asked if citizens could be exempted from the annual fee if they contract with a private hauler and if so , how would that process work County Attorney Jennifer Slusser explained that there are three types of fees that can be collected , those being an availability fee , a use fee , and a collection fee She stated an availability fee is when the County can charge for the availability of the disposal facilities which may be imposed on all improved properties in the County that benefit from the availability of the disposal facilities Ms Slusser continued that the County is prohibited from imposing an availability fee on improved property whose solid waste is collected by a municipality or a private contractor if that private contractor or municipality is charging an availability fee Ms Slusser further explained that with an availability fee , the fee is usually calculated so that it supplements the fees already being charged by a private hauler or municipality She stated for example in Harnett County , the County assesses an annual availability fee on the tax bills and the commercial haulers pay tipping fees Ms Slusser stated if a citizen contracts with a private hauler , then most likely that private hauler is charging the customer a collection fee Page868 October 7 , 2019 – 10 00 am Continued Chairman Ted G Godwin stated he would like to see the County utilize the convenience fee model and charge a countywide fee for homes located outside of the towns Chairman Godwin stated he would like to eliminate the decals and get the trash where it needs to go instead of along the roadways Commissioner Patrick E Harris stated in the district he represents , there is a significant number of citizens that utilize a private hauler and while he is not against eliminating decals , he is concerned about double charging those citizens Commissioner Chad M Stewart stated he feels that citizens who use a private hauler choose to do so Commissioner Stewart further stated that he has to believe , for those citizens that have never used the convenience center sites , once they have access to those sites , even though they may choose to keep their private hauler , he feels they would utilize the convenience center sites every once in a while Commissioner Wood noted the private haulers charge more than the current decal fee , and citizens who utilize a private hauler are choosing to pay more to have the convenience of someone else picking up their trash for them Commissioner Braswell commented that in some rural areas , private haulers do not offer service because there are not enough customers in that area ; therefore , those people do not have a choice but to purchase a decal and use the convenience center sites Commissioner Stewart stated Johnston County is a divided County where the more rural parts of the County have limited or no access to internet and cable TV service as well as private haulers often do not provide trash pickup service in those areas Commissioner Stewart stated some in those areas feel left behind and would like to see the decal system eliminated County Manager Rick Hester asked that for whatever the Board decides , he would respectfully ask that it not require the County staff to keep up with who has a private hauler and who does not Mr Hester spoke on the complexities of managing such a system Ms Slusser also noted that for whatever the Board decides , a public hearing must be held first , pursuant to General Statutes At the inquiry of Commissioner Butch Lawter , Ms Slusser stated the collection fee is for the service and a use fee can only be imposed on individuals or entities that use the facilities Motion and Second for Public Hearing Commissioner Tony Braswell moved the Board schedule a public hearing to be held at the November 4 , 2019 6 00 pm meeting to receive public comment on a proposal to add an annual fee on all taxable residences in the County as an alternative to the current decal system Commissioner Chad M Stewart seconded the motion Further Discussion Commissioner Jeffrey P Carver stated his opinion has not changed and he believes that solid waste is an enterprise system which should be treated as such , just like the water and wastewater systems Commissioner Carver stated this is a user pay system Commissioner Butch Lawter stated he is more inclined to agree with Commissioner Carver ; however , he will vote to have a public hearing and listen to what the people have to say Commissioner Patrick E Harris stated he could also agree to have a public hearing Vote The motion carried by the following vote Ayes Commissioners Ted G Godwin , Chad M Stewart , Tony Braswell , Patrick E Harris , and Butch Lawter Nays Commissioners Jeffrey P Carver and Larry WoodPage969 October 7 , 2019 – 10 00 am Continued 13 Manager Reports and Comments A Authority for County Manager to Waive or Reduce Adoption Fees for Animal Services At the request of County Manager Rick Hester , upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Butch Lawter , and carried unanimously , the Board voted to authorize the County Manager to waive or reduce the adoption fees for Animal Services during special events B County Elevated Water Tank Painting County Manager Rick Hester reported he along with Utilities Director Chandra Farmer will be meeting with the Town of Archer Lodge in the near future to discuss the painting of one of the County’s elevated water tanks within their jurisdiction Mr Hester stated Archer Lodge has expressed an interest to have their logo painted on the tank along with Johnston County Mr Hester stated Archer Lodge would pay for their logo to be added ; however , more discussion needs to take place before any final decisions are made Mr Hester stated no action by the Board is requested , but he wanted the Board to be aware of future conversations C Possible Special Meeting in October County Manager Rick Hester stated there may be a need for a special meeting in October for the purposes of considering a utilities agreement related to new school property near the Flowers Plantation area 14 Board Reports and Comments The Chairman announced the Board would be having lunch with the Library at 12 30 pm There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Butch Lawter seconded the motion , which carried by unanimous vote The meeting adjourned at 11 50 am Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage