November 4, 2019 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 107 Meeting of the Johnston County Board of Commissioners November 4 , 2019 10 00 am The Johnston County Board of Commissioners met in regular session Monday , November 4 , 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 American Legion Post 71 Clayton led those in attendance in the Pledge of Allegiance to the American Flag 1 Veterans Services Office – Proclamation for Veterans Day 2019 Commissioner Chad M Stewart moved the Board adopt the following proclamation for Veterans Day 2019 Commissioner Larry Wood seconded the motion which carried by unanimous vote Chairman Ted G Godwin read the proclamation aloud and thanked all the Veterans for their service PROCLAMATION VETERANS DAY - 2019 th WHEREAS , for decades America has paused on the 11 of November , the anniversary of the armistice that concluded World War I , to remember and to honor our veterans of military service in proud and grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace ; and WHEREAS , the freedoms we enjoy have been purchased and maintained at a high price , as Americans have been willing , throughout our history , to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights ; and WHEREAS , Americans owe a great debt to all those who have served in defense of this nation throughout the generations ; for their sacrifices , often resulting in permanent injury or death , which have preserved our unique form of government dedicated to human rights and respect for the individual , and preserved our freedoms and promise of liberty as an example for oppressed persons of the world ; and WHEREAS , in honor of these dedicated men and women , we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 11 , 2019 , as “ Veterans ’ Day ” in Johnston County , and urge our citizens to commend its observance th Proclaimed this the 4 day of November , 2019 2 Approval Discussion of Agenda Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Butch Lawter , and carried by unanimous vote , the Board approved the agenda as presented Page108 November 4 , 2019 – 10 00 am Continued 3 Consent Agenda Items Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – October 7 , 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 Sedge Wren Court and Springhill Lane – Sauls Farm – Cleveland Township C Proclamation – National Farm City Week – November 22 - 28 , 2019 adopted as follows NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 22 - 28 , 2019 WHEREAS , agriculture has always been a cornerstone of Johnston County’s way of life , we acknowledge that dedicated farmers improve our wellbeing by working to ensure a healthy and abundant agriculture supply To succeed in this important enterprise , our farmers rely on essential partnerships with non - rural communities to supply , sell , and deliver finished products across the country and around the world During National Farm - City Week , we recognize the importance of this cooperative network to the success of the agriculture industry ; and WHEREAS , farming was America’s first industry and continues today to provide us with many of the necessities of life such as food , clothing , and fuel for our energy needs Agriculture employs a substantial number of workers in Johnston County including farmers , shippers , processors , marketers , retailers , truck drivers , inspectors , and others who annually contribute more than 38 billion in value - added income in Johnston County ; and WHEREAS , we welcome new opportunities for trade , hard work , and successful cooperation between farmers and city workers to continue to play a vital role in our country’s success and be a critical resource for countless people here and around the nation ; and WHEREAS , Farm - City collaborations help maintain and improve our nation’s food and fiber supply and contribute to a better quality of life for countless citizens We commend the many Johnstonians whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all ; and WHEREAS , we gather with family and friends around the Thanksgiving table , it is fitting that we count among our blessings the vital farm - city partnerships that have done so much to improve the quality of our lives Rural and non - rural communities working together have made the most of our rich agricultural resources , and they continue to contribute to the health and well being of our people and to the strength of our economy NOW , THEREFORE , we the Commissioners of Johnston County do hereby proclaim November 22 - 28 , 2019 , as Farm - City Week We call upon citizens in rural and city areas to acknowledge and celebrate the achievements of all those who , working together , produce an abundance of agriculture products that strengthen and enrich our community and nation Proclaimed this the 4th day of November , 2019 D Greater Cleveland Chamber of Commerce – Request for Temporary Road Closure Per the Greater Cleveland Chamber of Commerce’s request , the Board approved the temporary closure of Cleveland Road on December 3 , 2019 from 6 45 pm until approximately 7 45 pm for the annual Cleveland Christmas Parade route E Town of Clayton – Appointment to Clayton Planning Board Per the Town of Clayton’s request , the Board appointed the following individual to the Clayton Planning Board representing the ETJ area of the Town Brian Tiede , 148 Foxtail Court , Clayton term expiring 12 31 2022 Page109 November 4 , 2019 – 10 00 am Continued F Town of Kenly – Appointment to Kenly Board of Adjustment Per the Town of Kenly’s request , the Board appointed the following individual to the Kenly Board of Adjustment representing the ETJ area of the Town Kris Skye , 1982 NC 222 E , Kenly term expiring 10 31 2022 G Sheriff’s Office - Request to Surplus Vehicles Per the request of Sheriff Steve Bizzell , the Board declared the following vehicles surplus that were involved in accidents and have been declared total losses by the insurance carrier 2016 Dodge Charger , VIN 2C3CDXAT8GH303671 , County Asset # 014464 2018 Dodge Charger , VIN 2C3CDXAT3JH210757 , County Asset # 013606 2019 Dodge Charger , VIN 2C3CDXAT7KH568302 , County Asset # 013786 H Tax Releases & Refunds – 09 16 2019 – 10 15 2019 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 17 2019 9 11 12 AM ALassiter 2019 - 86993 2000192526 SEIBERT , GREGORY L 10070 9 17 2019 9 35 25 AM ALassiter 2019 - 114905 2000216114 LEATH OUTDOOR , LLC - 46902 9 24 2019 9 50 55 AM ALassiter 2018 - 80760 2000033618 RCOM INC 4,84426 9 30 2019 4 39 36 PM dwoodward2 2019 - 27258 2000210086 DENTON , HOWARD RUFFIN 1,01463 10 1 2019 9 20 26 AM dwoodward2 2019 - 108417 99889520 YOUNG , RICKY ONEIL 1,48221 10 2 2019 9 05 01 AM ALassiter 2019 - 40406 2000028957 HARDEE , BOBBY HINTON 10884 10 3 2019 11 58 57 AM cfutch 2019 - 29009 2000190410 DLL FINANCE LLC 17713 10 4 2019 9 13 53 AM ALassiter 2019 - 66080 2000180463 MENDOZA MOBILE HOMES LLC 11078 10 4 2019 9 22 23 AM ALassiter 2019 - 66080 2000180463 MENDOZA MOBILE HOMES LLC - 11078 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 17 2019 2 58 58 PM LOCKBOX 2018 - 15686 2000165444 BRYANT , SAUNDRA M 74524 9 17 2019 2 58 58 PM LOCKBOX 2019 - 112982 2000203403 TODD MARSHBURN BUILDERS , 34400 LLC 9 19 2019 10 07 14 AM Jodee 2019 - 22358 2000149806 COTTON STREET , EDWINA M 27398 Langdon 9 23 2019 2 07 41 PM LOCKBOX 2019 - 80327 2000202938 WALL , WILLIE 9,17695 10 3 2019 11 59 13 AM cfutch 2019 - 29009 2000190410 DLL FINANCE LLC 17713 10 4 2019 2 51 37 PM ajsoutherland 2019 - 84259 2000126984 ROWE , KENNETH GERARD 23302 10 8 2019 10 45 26 AM ajsoutherland 2019 - 100936 2000055137 WALLIG , EDWARD STEPHEN 1,18920 10 8 2019 2 21 17 PM LOCKBOX 2019 - 38770 2000116496 GROFF , KATHERINE S 1,50321 10 8 2019 2 21 17 PM LOCKBOX 2019 - 114887 2000216059 SMARTPAY LEASING LLC 15596 10 10 2019 12 05 08 PM awestbrook 2019 - 48201 2000110860 JAMES M GILBERT INC 80996 10 11 2019 12 45 49 PM jmorrow 2019 - 32994 2000191141 FIREBIRD SFE I LLC 1,56409 10 11 2019 12 47 47 PM jmorrow 2019 - 88145 2000191814 SILVA , GUILLERMO 1,78629 10 11 2019 12 49 30 PM jmorrow 2019 - 63744 2000190304 MCDADE , RORY JR 1,19096 10 11 2019 12 50 51 PM jmorrow 2019 - 3162 2000108162 ANDERSON , EVELYN KAYE 1,25403 10 11 2019 12 52 22 PM jmorrow 2019 - 21219 2000135328 COLITZAS , ERIC 1,74717 10 11 2019 12 53 58 PM jmorrow 2019 - 102488 2000199325 WELLS , DAVID R III 1,45720 10 11 2019 12 55 22 PM jmorrow 2019 - 49978 2000160883 JOHNSON , CLINT B 1,66234 North Carolina Vehicle Tax System - Pending Refund Report – September 2019 100 + Payee Name Primary Owner Bill # Transaction Refund Total # Reason Change CARTERET COUNTY DUPREE , JOSEPH 0049921574 113264124 Change 9586 BERNARD of 5653 County 15239Page110 November 4 , 2019 – 10 00 am Continued NASLONSKI , KEVIN NASLONSKI , KEVIN 0049634009 225346080 Situs 000 RICHARD RICHARD error 16473 2601 5491 19363 RALEIGH HOME GROUP RALEIGH HOME GROUP 0048380040 225690344 Situs 000 LLC LLC error 23952 3046 7984 28890 RALPH HODGE RALPH HODGE 0049620526 225345876 Situs 000 CONSTRUCTIONCOMPANY CONSTRUCTIONCOMPANY error 21677 3042 7226 25861 October 21 , 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 9 15 19 to 10 15 19 Tax refunds - Personal Real Property 63245 Tax releases - Personal Real Property 67684 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 4 Public Comments A Introduction of New Parks , Greenways , and Open Space Coordinator Chairman Ted G Godwin introduced Mr Adrian O’Neal in the audience as the County’s new Parks , Greenways , and Open Space Coordinator for the County The Board welcomed Mr O’Neal Mr O’Neal stated he is excited to begin his position and looks forward to working with everyone B Solid Waste Services – New State Recycling Initiative Director of Solid Waste Services Rick Proctor provided the Board with materials and information as it relates to a new initiative by the State of North Carolina called “ Recycle More ” Mr Proctor stated that approximately 15 to 20 of the items dropped off by citizens as recyclables are actually considered trash Mr Proctor reported the “ Recycle More ” program has been initiated by the State in an effort to educate the public on what is acceptable and what is not when it comes to recyclables Mr Proctor provide the Board with examples of items that people often consider recyclables but in reality , they are trash Mr Proctor noted that staff will be distributing educational materials to citizens as well as posting notices on various social media outlets and the County’s website The Board thanked Mr Proctor for the information C Emergency Services - Additional Hurricane Matthew Funds Emergency Services Director Kevin Hubbard briefly updated the Board regarding additional funds available from Hurricane Matthew Mr Hubbard reported staff has been notified that the County is eligible to receive up to 484,000 from the State Acquisition Relocation Funds and the Emergency Services Department will begin working with the State on drawing those funds down for eligible projects Mr Hubbard briefly spoke on the stipulations and requirements for the funding and stated he would keep the Board updated as appropriate The Board thanked Mr Hubbard for the information PagePage pageNumber5111 November 4 , 2019 – 10 00 am Continued 5 Public Hearing – Research & Training Zone Proposed Extension of Boundaries Advertised – The News & Observer Friday Zone Edition – October 4 , 2019 ; The Johnstonian News and The News in Review – October 2 , 2019 A notice was mailed to the affected property owner on October 2 , 2019 The Chairman opened the public hearing County Attorney Jennifer Slusser explained that in July of 2003 the North Carolina General Assembly passed and ratified enabling legislation , allowing the Johnston County Board of Commissioners the opportunity to create an economic development and training district EDT District She continued that in December of 2003 , the Board of Commissioners created an EDT District in Johnston County Ms Slusser stated under the terms of the legislation , all property within the district is subject to a special tax which is used to support the Johnston County Workforce Development Center and in this way , Johnston County’s leading pharmaceutical industries voluntarily participate in the cost of establishing and maintaining a viable , well - trained workforce Ms Slusser reported that on June 21 , 2019 , Johnston County received a petition from Grifols Therapeutics , LLC requesting the Board of Commissioners to extend the boundaries of the EDT District and include property owned by it in the District Ms Slusser introduced Mr Chuck Blatchley , representing Grifols , in the audience Ms Slusser stated Johnston County has reviewed the petition and determined that the petitioner meets the qualifications for inclusion in the EDT District She stated the Research & Training Zone Advisory Committee also reviewed the petition and recommends the boundary extension be approved Ms Slusser reported the public hearing was properly advertised in accordance with the applicable general statute and the required report and map were made available for public inspection both in the Clerk to the Board’s Office as well as on the County’s website Ms Slusser stated no public comments were received by staff prior to this hearing Ms Slusser also noted that because some of the properties within the petition are part of the Town of Clayton’s extraterritorial jurisdiction , the Town reviewed the request and has no objections to the boundary extension Ms Slusser stated staff recommends approval and she offered to answer any questions Ken Taylor , 1755 Gordon Road , Clayton , spoke in support of the request and how it would continue to benefit the Workforce Development Center Chuck Blatchley , representing Grifols Therapeutics , LLC , thanked the Board for reviewing the request and offered to answer any questions There being no further comments , the Chairman closed the public hearing Commissioner Jeffrey P Carver moved the Board adopt the following resolution approving the boundary extension of the Research & Training Zone , seconded by Commissioner Butch Lawter , and carried unanimously RESOLUTION REGARDING ANNEXATION OF ADDITIONAL PROPERTY INTO THE JOHNSTON COUNTY RESEARCH TRAINING ZONE WHEREAS , Grifols Therapeutics , LLC “ Grifols ” or “ Owners ” has petitioned properties Additional Property to be annexed into the Johnston County Research and Training Zone as referenced on the attached Exhibit A ; and WHEREAS , the conditions , covenants , restrictions and reservations required by North Carolina General Statute § 153A - 31712 a 8 that apply to all real property in the district also apply or will apply to the Additional Property , other than any real property owned or leased by the federal government ; and WHEREAS , one hundred percent 100 of the Owners of the Additional Property have petitioned for such annexation into the Johnston County Research and Training Zone ; and WHEREAS , the Johnston County Research and Training Zone , following such annexation , shall continue to meet the standards set out in North Carolina General Statute § 153A - 31712 a ; and WHEREAS , the reasonably anticipated training needs of the existing companies in the Additional Property and of new companies that may commence operations in the Additional Property can be met by the Johnston County Workforce Development Center ; andPagePage pageNumber6112 November 4 , 2019 – 10 00 am Continued WHEREAS , the Additional Property is either contiguous to a lot , parcel , or tract of land in the district or includes at least 500 acres in the aggregate “ the Property ” For purposes hereof , the Additional Property shall be deemed to be “ contiguous ” with the Property even though it may be separated from the Property by a street , road , highway , right of way or easement ; and WHEREAS , if the Additional Property is wholly or partially located within the extraterritorial jurisdiction of a municipality , that municipality has approved such annexation in to the Johnston County Research and Training Zone by an affirmative vote of the majority of the municipality’s government body ; and WHEREAS , Grifols has agreed to record a County approved supplemental declaration of easements , covenants , conditions , and restrictions and pay the expenses associated with the preparation and recording of this supplemental document NOW THEREFORE BE IT RESOLVED , The Johnston County Board of Commissioners does hereby approve annexation of the properties outlined in the attached Exhibit A into the Johnston County Research and Training Zone , effective immediately after the passage of this resolution The annexation shall be rescinded if Grifols fails to provide the County with the recorded supplemental declaration of easements , covenants , conditions , and restrictions within 120 days of the date of this resolution th Resolved this the 4 day of November , 2019 Exhibit A Tract 1 – Parcel Id # 166811 - 76 - 0449 and Tract 2 – Parcel Id # 166880 - 86 - 0769 Description Being all of Tract 2 , containing 10184 acres , more or less , as shown on a map entitled “ Property Survey for Southern Region Industrial Realty , Inc ” prepared by KCI Associates of NC , said plat recorded on December 22 , 2017 in Plat Book 86 Page 143 , Johnston County Register of Deeds For deed reference see Deed Book 5080 , Pages 665 - 669 , Johnston County Registry Tract 3 – Parcel Id # 167800 - 15 - 08005 Description Being all of Tract 1 , containing 37304 acres , more or less , as shown upon that plat and survey entitled “ Property Survey for Southern Region Industrial Realty , Inc ” prepared by KCI Associates of NC , said plat recorded on December 22 , 2017 in Plat Book 86 , Page 143 , Johnston County Registry For deed reference see Deed Book 5080 , Pages 665 - 669 , Johnston County Registry Tract 4 – Parcel Id # 167800 - 30 - 8076 Description Being all of Tract 1 , remainder containing 1784 acres , more or less , as shown upon that plat and survey entitled “ Recombination Plat for Walthom Group V ” prepared by Alsey J Gilbert , PLS , said plat recorded on October 16 , 2012 in Plat Book 77 , Page 488 , Johnston County Registry See also Plat Book 80 , Page 165 , Johnston County Registry for minor subdivision reducing Tract 1 from 2015 acres to 1784 acres For deed reference see Deed Book 4213 , Pages 946 - 948 , Johnston County Registry Tract 5 – Parcel Id # 16770039 - 9600 Description Being all of Lot 1 , containing 254 acres , more or less , as shown upon that plat and survey entitled “ Final Plat Minor Subdivision Plat for Grifols Therapeutics Inc ” prepared by Alsey J Gilbert , PLS , said plat recorded on August 6 , 2014 in Plat Book 80 , Page 165 , Johnston County Registry For deed reference see Deed Book 4213 , Pages 946 - 948 , Johnston County Registry Tract 6 – Parcel Id # 167804 - 52 - 1457 Description For deed reference see Deed Book 3985 , Pages 159 - 163 , Johnston County Registry PagePage pageNumber7113 November 4 , 2019 – 10 00 am ContinuedPagePage pageNumber8114 November 4 , 2019 – 10 00 am Continued Tract 7 – Parcel Id # 167804 - 61 - 0681 Description Being all of Talecris Biotherapeutics , Inc Tract , containing 736 acres , more or less , as shown upon that plat and survey entitled “ Recombination Survey Property of Shirley Jones Carroll Talecris Biotherapeutics , Inc ” prepared by BL Scott & Company , said plat recorded on August 2 , 2011 in Plat Book 76 , Page 341 , Johnston County Registry For deed reference see Deed Book 3985 , Pages 159 - 163 , Johnston County Registry ; and Deed Book 4008 , Pages 237 - 239 , Johnston County Registry PagePage pageNumber9115 November 4 , 2019 – 10 00 am Continued 6 50 - 210 EMS – Request to Purchase Ambulance 50 - 210 EMS Chief Ricky Denning requested the Board to approve the purchase of a new 2020 Type III ambulance in the amount of 152,91300 Chief Denning reported the ambulance will have the same specifications as the County’s EMS system He noted that they will require no additional funding and no financing will be needed for the purchase Chief Denning stated the Johnston County Emergency Medical Services Advisory Committee reviewed the request at their July 2019 meeting and recommended approval He offered to answer any questions Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Larry Wood , and carried unanimously , the Board voted to approve the purchase of a 2020 Type III ambulance in the amount of 152,91300 by 50 - 210 EMS 7 Citizens Climate Lobby – Energy Innovation and Carbon Dividend Act Resolution Dr Deborah Hooker and Ms Phyllis LeFevre , representing the Johnston County Chapter of the Citizens Climate Lobby , presented the following information to the Board and asked the Board to adopt a resolution in support of the Energy Innovation and Carbon Dividend Act Page0116 November 4 , 2019 – 10 00 am ContinuedPage1117 November 4 , 2019 – 10 00 am ContinuedPage2118 November 4 , 2019 – 10 00 am ContinuedPage3119 November 4 , 2019 – 10 00 am Continued Dr Hooker thanked the Board for allowing them to present the information and offered to answer any questions Commissioner Tony Braswell stated the presentation contained a lot of information and he would prefer the Board take the resolution under advisement to allow more time to study the issue Chairman Ted G Godwin agreed with Commissioner Braswell and stated the Board would take the request under advisement 8 Public Utilities – NC 96 Economic Development Water Main Extension Proposed Budget Utilities Director Chandra Farmer , PE stated the County has worked with the Town of Four Oaks to apply for several economic development grants for water and sewer facilities to serve the proposed Ashley Furniture and surrounding areas along NC 96 Ms Farmer reported the Town of Four Oaks will design , construct and administer the construction contract for sewer ; and the County will design , construct and administer the construction contract for a 16 ” water main along NC 96 from US 701 to Spring Lake Road She stated both entities have previously agreed to divide the grant funding equally for the projects Ms Farmer presented the proposed project budget for the water main facilities , as follows Page4120 November 4 , 2019 – 10 00 am Continued Expenses Technical Design Services Phase 1 5,62500 Phase 2 123,74200 Administration 42,00000 Construction Phase 1 31,78400 Phase 2 1,251,14300 Contingency 125,11500 Total 1,579,40900 Revenues CDBG Block Grant awarded to Town of FO 500,00000 Golden LEAF awarded to Johnston County 250,00000 Economic Development Administration 750,00000 Fund 67 79,40900 Total 1,579,40900 Fund 67 will be reimbursed from the EDIG Fund from some funds previously designated towards the Four Oaks water line project Ms Farmer stated staff respectfully requests the Board’s approval of the proposed project budget and adoption of a capital project ordinance in order to begin the project design in the near future Commissioner Chad M Stewart expressed his appreciation to all those that have worked on this project and secured the grant funding Commissioner Stewart stated this has been a great joint effort with the Town of Four Oaks and he is proud of this project Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Tony Braswell , and carried unanimously , the Board voted to approve the project budget as presented by staff and adopt the following capital project ordinance CAPITAL PROJECT ORDINANCE FOR THE NC 96 ECONOMIC DEVELOPMENT WATER MAIN EXTENSION PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is the NC 96 Economic Development Water Main Extension Project the “ Project ” to serve the proposed Ashley Furniture facility and surrounding area , which includes construction of a 16 - inch water main along NC 96 from US 701 to Spring Lake Road The Project is to be financed by a Community Development Block Grant “ CDBG ” awarded to the Town of Four Oaks the “ Town ” , a Golden LEAF Foundation grant awarded to the County , a US Department of Commerce Economic Development Administration “ EDA ” grant awarded jointly to the County and the Town , and an appropriation from the County’s Water Fund “ Fund 67 ” Fund 67 will , in turn , be reimbursed from the Industrial Development Fund from funds previously designated towards the Four Oaks waterline project Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of each of the grant agreements and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Design Services Phase 1 5,625 Phase 2 123,742 Administration 42,000 Construction Phase 1 31,784 Phase 2 1,251,143 Contingency 125,115 Total 1,579,409 Section 4 The following revenues are anticipated to be available to complete this Project CDBG Grant Town of Four Oaks 500,000 Golden Leaf Grant County 250,000 EDA Grant Town and County 750,000 Fund 67 Appropriation 79,409 Total 1,579,409Page5121 November 4 , 2019 – 10 00 am Continued Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the CDBG grant , the Golden LEAF grant , the EDA grant and State and federal regulations The terms of the respective grants shall be met Section 6 Funds may be advanced from Fund 67 for the purpose of making payments as due Reimbursement requests should be made to the grantor agencies in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Amended this 4th day of November , 2019 9 Public Utilities – Wastewater Treatment Plant Generator Set Retrofits Utilities Director Chandra Farmer , PE explained the County has three existing generator sets located at the Central Johnston County Regional Wastewater Treatment Facility that are regularly operated for peak - shaving Ms Farmer stated in order to comply with the Nation Emissions Standards for Hazardous Air Pollutants NESHAP EPA regulations , these generators require exhaust system modifications She reported the generators are 900 kW , 750 kW and 400 kW , and all three were manufactured by CAT Ms Farmer stated the proposed modifications include the following air inlet and exhaust system modifications for each generator ? Supply and Installation of Diesel Oxidation Catalyst DOC System ? Emissions Testing at each generator ? Training for the operation and maintenance of the NESHAP Compliance system ? Electronic Data Logger to enable interconnection with SCADA ? Crankcase Ventilation Solutions Box Ms Farmer stated staff respectfully requests approval from the Board of Commissioners for sole source procurement from Gregory Poole Equipment Company CAT for the emissions control retrofits She noted that by maintaining CAT manufactured retrofits on the existing equipment , it would ensure a compatible retrofit , factory support and access to a factory authorized service provider for this critical equipment Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the sole source procurement from Gregory Poole Equipment Company CAT for the emissions control retrofits on the three existing generator sets located at the Central Johnston County Regional Wastewater Treatment Facility 10 Public Utilities – Proposed 40 MGD Wastewater Treatment Facility Name Utilities Director Chandra Farmer , PE reported the County has a proposed 40 MGD wastewater treatment facility under design to be located on County - owned property on County Home Road She stated the new site is important in order to meet growing demands and is located away from any existing or potential future flood hazard areas Ms Farmer stated the County’s Capital Improvements Plan includes expansion of this treatment plant over time and replacing capacity from the existing Central Johnston County Regional Wastewater Treatment Facility with capacity in the new plant over the next twenty 20 years Ms Farmer explained that in order to proceed with the project design and complete permitting , the Department of Utilities recommends selecting a facility name at this time Ms Farmer stated the Department of Utilities recommends naming the facility the “ 210 Wastewater Treatment Facility ” Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved naming the facility the “ 210 Wastewater Treatment Facility ” as requested by staff 11 Register of Deeds – Requests for Refund of Excise Tax County Attorney Jennifer Slusser reviewed the following two requests for refunds of overpayment of revenue stamps Pursuant to NCGS § 105 - 22837 , requests must be made within six 6 months after the date the tax was paid and must explain why the taxpayer believes a refund is due Ms Slusser reported that both requests meet the statutory requirements for refund and she recommends approval A James S Warren with Warren , Shackleford , Thomas Attorneys PLLC , has presented a request for refund in the amount of 8600 A General Warranty Deed was mistakenly recorded in Johnston County and was intended to be recorded in Edgecombe County Page6122 November 4 , 2019 – 10 00 am Continued Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the request for refund in the amount of 8600 to Warren , Shackleford , Thomas Attorneys PLLC B Erica C Henderson with the Law Offices of Trinity M Henderson , has presented a request for refund in the amount of 45400 A General Warranty Deed was mistakenly recorded in Johnston County and was intended to be recorded in Wake County Upon a motion by Commissioner Larry Wood , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the request for refund in the amount of 45400 to the Law Offices of Trinity M Henderson 12 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 Tony Braswell , and carried by unanimous vote Finance Public Utilities REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 82 85231800 Construction 25,16500 83 85511800 Construction 25,16500 TOTAL NET EXPENDITURES 0 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 82 852336212 NCDOT Reimbursements 25,16500 83 855136212 NCDOT Reimbursements 25,16500 TOTAL NET REVENUE 0 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 82 85231800 Construction 33,32100 TOTAL NET EXPENDITURES 33,32100 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 82 852336212 NCDOT Reimbursement 33,32100 TOTAL NET REVENUE 33,32100 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001400 Travel 27048 10 51001700 Vehicles 8,80000 10 51003100 Fuels 2320 10 51003300 Departmental Supplies 26139 10 51004300 Special Services 19300 10 51007400 Capital Outlay 69,21964 10 51007414 Capital Outlay – Sheriff 1,48935 10 51007418 Capital Outlay – Drug Seizure 41,26365 TOTAL NET EXPENDITURES 121,52071 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE Page7123 November 4 , 2019 – 10 00 am Continued 10 510032106 Controlled Substance Tax 1,48935 10 510032509 Insurance Recovery 69,21964 10 510033099 Miscellaneous Revenue 74807 10 510035104 Sheriff Fees 8,80000 10 510035160 Federal Equitable Sharing 41,26365 TOTAL NET REVENUE 121,52071 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001900 General Assistance 29002 10 61003200 Office Supplies 5275 10 61003211 Verifications 4500 10 61003330 Foster Children Clothing 3708 10 61003338 Foster Children Expense 40018 10 61004515 Program Expense 3,14557 10 61054500 Contract Services 61331 10 61101917 LIEAP Program 12078 10 61401902 State County General Assistance 17,93132 10 61401905 IV - E Foster Care 71177 10 61451905 IV - E Foster Care 3,63800 10 61401906 State Foster Care 1,73253 TOTAL NET EXPENDITURES 28,71840 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 28,71840 TOTAL NET REVENUE 28,71840 13 Appointments Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board made the following appointments and granted waivers in the length of service policy where needed A Nursing Home Adult Care Home Community Advisory Board – Reappointed Nacy Washington for a three year term to expire on October 31 , 2022 B Moccasin Creek Service District Board – Reappointed Jeff Holt representing Pine Level for a two year term to expire on October 31 , 2021 and granted Mr Holt a waiver in the length of service policy C O’Neals Firefighter’s Relief Fund Board of Trustees – Appointed Billy Hodge for a two year term to expire on October 31 , 2021 D Pi - Le Firefighter’s Relief Fund Board of Trustees – Reappointed Gregory Duane Johnson for a two year term to expire on October 31 , 2021 and granted Mr Johnson a waiver in the length of service policy E Alcoholic Beverage Control Board – Reappointed Cathy Clayton for a three year term to expire on October 31 , 2022 14 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of September 2019 Page8124 November 4 , 2019 – 10 00 am Continued Enforced Collections September 2019 YTD 19 20 Wage Garnishments 3 97 Bank Attachments 7 53 Levies 0 0 Foreclosures Complaints Filed September 2019 0 Pending 17 Dollars Collected September 2019 2,84662 Sale Date No October 2019 sale scheduled Levy Amount and Collections to Date 2019 Real and Personal Levy 2018 Real and Personal Levy As of September 30 , 2019 As of September 28 , 2018 139,235,70837 Levy 117,784,81991 Levy 16,479,57850 Payments 14,801,11418 Payments 122,756,12987 Balance 102,983,70573 Balance 1184 Collected 1257 Collected - 073 RMV – NCVTS Collections September 2019 September 2018 1,165,66941 1,078,04563 YTD 19 20 - 4,221,70639 YTD 18 19 - 3,808,49815 Commissioner Tony Braswell thanked Ms Andrews and her staff for the excellent job they do every day in the Tax Office Ms Andrews praised her staff and stated they deserve all the credit 15 Manager Reports and Comments None 16 Board Reports and Comments A Comments by Commissioner Tony Braswell Commissioner Tony Braswell noted that Commissioner Jeffrey P Carver recently announced he will not seek reelection Commissioner Braswell stated Commissioner Carver has done an outstanding job as a County Commissioner and will certainly leave a void on the Board once his term is done Commissioner Braswell spoke on Commissioner Carver’s financial expertise and stated it has helped make the County financially strong Commissioner Braswell stated he has served with Commissioner Carver for many years and although they have had their differences at times , they always had the same overall goal of serving the citizens to the best of their ability Commissioner Braswell thanked Commissioner Carver for his service B Comments from Wilson’s Mills Councilman Dave McGowan Chairman Ted G Godwin recognized Wilson’s Mills Town Councilman Dave McGowan in the audience who wished to speak Mr McGowan asked the Commissioners to consider having a second public comment section at the end of each meeting to allow citizens the opportunity to speak on items that have taken place during the meeting in which they may have further questions about Mr McGowan also spoke regarding Item No 7 – Citizens Climate Lobby – Energy Innovation and Carbon Dividend Act Resolution , and encouraged the Board to be cautious about adopting a resolution as requested by the Citizens Climate Lobby stating there are many questions to be answered as it relates to this proposal Page9125 November 4 , 2019 – 10 00 am Continued 17 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege to include County of Johnston vs West , 18 CVS 1487 ; and NCGS 14331811 a 6 – Personnel Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Tony 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 to include County of Johnston vs West , 18 CVS 1487 ; and for the purposes of personnel pursuant to North Carolina General Statute 143 - 31811 a 6 No action was taken Commissioner Jeffrey P Carver moved the Board adjourn closed session and resume regular session Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote There being no further business , Commissioner Chad M Stewart moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 11 15 am Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage