March 5, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes

10 26 Meeting of the Johnston County Board of Commissioners March 15 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 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 00 pm 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 Approval Discussion of Agenda Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A 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 All Aboard Circle – Old Lee Station – Pleasant Grove Township Kandypoo Drive and Scooter Circle – Rowland Woods – Elevation Township Willow Ridge Circle – Willow Ridge – Phase 2 – Pleasant Grove Township B Proclamation – 811 Safe Digging Month , adopted as follows Proclamation Johnston County - Designating April 2021 “ North Carolina 811 Safe Digging Month ” WHEREAS , as utility owners , excavators , designers , and homeowners work to keep pace with North Carolina’s economic development , it is important to minimize damages to underground utility lines , danger to workers and the general public , environmental impact , and loss of utility services to the citizens of North Carolina ; and rd WHEREAS , North Carolina 811 , a utility service notification center and leader in education celebrates its 43 year of continuous service to the State , is key to preventing injuries and damages when excavating ; and WHEREAS , this unique service provides easy , one - call notification about construction and excavation projects that may endanger workers and jeopardize utility lines while promoting workplace and public safety , reducing underground utility damage , minimizing utility service interruptions and protecting the environment ; and WHEREAS , this vital service , which began in 1978 serves the citizens of North Carolina from the mountains to the coast , educates stakeholders about the need for excavation safety whether the project is as small as planting a tree to designing and beginning construction on a new interstate ; and WHEREAS , in 2020 , the North Carolina one call system received 21 million notification requests and transmitted over 122 million requests , providing protection to utility companies infrastructure , their employees , excavators , and customers NOW , THEREFORE , BE IT RESOLVED , by the Johnston County Board of Commissioners , that Johnston County has designated the month of April 2021 as “ North Carolina 811 Safe Digging Month ” to encourage all excavators and homeowners of Johnston County to contact 8 - 1 - 1 either by dialing 8 - 1 - 1 or contacting NC811 via the webpage of NC811 org at least three working days prior to digging in order to “ Know What’s Below , ” avoid injury ,Page27 March 15 , 2021 – 6 00 pm Continued protect the environment , prevent millions of dollars in damages and to remind excavators that three working days ’ notice is the law , for safe digging is no accident , and that more information may be obtained by visiting wwwnc811 org th Adopted this the 15 day of March , 2021 3 Public Comment None 4 Thanksgiving Fire Department – Request for Tax Exempt Loan Status Thanksgiving Fire Department Chief Paul Zais requested the Board to adopt a resolution approving tax exempt loan status so they can borrow an amount up to 700,000 from KS Bank He stated the loan would be at an interest rate of 195 for 84 months to refinance and consolidate existing loans for the following apparatus 2017 Pierce Enforcer Engine ; 2005 Pierce Saber Engine ; 1997 Pierce Quantum Rescue ; 1996 Pierce Tanker ; and 2001 Ford F350 Utility Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried unanimously , the Board adopted the following resolution as requested by the Thanksgiving 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 Thanksgiving Fire Department , Incorporated the “ FD ” , from KS Bank in an amount up to 700,00000 to refinance and consolidate existing loans for the following apparatus 2017 Pierce Enforcer Engine ; 2005 Pierce Saber Engine ; 1997 Pierce Quantum Rescue ; 1996 Pierce Tanker ; and 2001 Ford F350 Utility 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 March , 2021 5 East Coast Greenway – Update to the Board Parks , Greenways , and Open Space Coordinator Adrian O’Neal introduced Sarah Sanford as the Virginia and North Carolina Coordinator for the East Coast Greenway Alliance Mr O’Neal stated Ms Sanford would like to present an update to the Board regarding their activities Ms Sanford stated the East Coast Greenway is a national trail that runs from Maine to Florida and is headquartered in North Carolina She stated the greenway is a multiuse trail used for cycling , running , walking , hiking , and for wheelchair and other mobility devices She presented the following map of the greenway to the Board Page28 March 15 , 2021 – 6 00 pm Continued Ms Sanford stated the greenway is still in development with sections remaining to be completed She noted approximately 35 is completed in North Carolina with more being added every month Ms Sanford stated one of their focuses is to get more of the greenway in the rural corridors and fill in gaps She spoke on the benefits of trails and greenways for physical and mental health as well as tourism and economic development , noting that usage has increased significantly during the COVID - 19 Pandemic Ms Sanford continued that they are watching House Bill 130 currently in the General Assembly , which would designate the East Coast Greenway as an official state trail making it a part of the North Carolina State Parks system and allowing for more funding opportunities Ms Sanford noted that building the greenway is a long process but she is appreciative of being able to work with people like Mr O’Neal and is excited about working with Johnston County At the inquiry of Commissioner Ted G Godwin , Ms Sanford stated they are working with the Mountains to Sea Trail representatives and they share many of their routes Commissioner Butch Lawter spoke on the advantages of Johnston County having both the Mountains to Sea Trail and the East Coast Greenway and stated he is excited over future opportunities Commissioner Lawter thanked Ms Sanford and the East Coast Greenway for their work 6 Public Utilities – Landfill Equalization and Pumping Station Improvements Sole Source Request Utilities Director Chandra Farmer , PE , reported that Dewberry Engineers , Inc has completed design for the Landfill Equalization and Pumping Station Improvements project She stated the existing equalization and pump station facility receives flow from the County’s McGee’s Crossroads and Cleveland retail sewer service areas The existing facility receives landfill leachate , equalizes leachate and wastewater flow received and pumps to the Central Johnston County Regional Wastewater Treatment Facility CJCRWWTF for final treatment Ms Farmer stated the proposed improvements project would increase the equalization and pumping capacity of the facility and in addition to maintaining the capability to transmit flow to the existing plant , improvements include grit removal and pumping direct flow to the new 210 WWTF Ms Farmer explained the Board previously approved a sole source request in accordance with NCGS 133 - 3 for grit removal equipment proposed for the 210 WWTF She stated Hydro International’s Eutek grit removal equipment has a patented design that allows free flow into and out of the grit removal cell and for grit removal without moving parts , improving operations and maintenance efficiency Ms Farmer stated in order to maintain standardization , compatibility and consistency for operation and maintenance , the Department of Utilities also recommends Hydro International’s Eutek grit removal equipment for the Landfill Equalization and Pumping Station Improvements project Ms Farmer stated staff respectfully requests approval to sole source the grit removal system Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved sole source procurement for Hydro International’s Eutek grit removal system for the Landfill Equalization and Pumping Station Improvements Project 7 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 Tony Braswell moved the Board approve the following budget amendments , seconded by Commissioner Patrick E Harris , and carried by unanimous vote Finance REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 83 85485599 Easements 30,00000 TOTAL NET EXPENDITURES 30,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 83 854836270 Transfer from SDF Reserve Fund for Capital 30,00000 Project Costs TOTAL NET REVENUE 30,00000Page29 March 15 , 2021 – 6 00 pm Continued REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 63009019 Transfer to School Capital Project Fund 4,000,00000 TOTAL NET EXPENDITURES 4,000,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriation 4,000,00000 TOTAL NET REVENUE 4,000,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 16 63211063 Thanksgiving Elementary School 4,000,00000 TOTAL NET EXPENDITURES 4,000,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 16 632132507 Transfer from General Fund 4,000,00000 TOTAL NET REVENUE 4,000,00000 Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59157819 COVID 19 Expense 501,92000 TOTAL NET EXPENDITURES 501,92000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591534155 State Grant 501,92000 TOTAL NET REVENUE 501,92000 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101911 Progress Energy Neighbor Fund 1,43864 TOTAL NET EXPENDITURES 1,43864 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 1,43864 TOTAL NET REVENUE 1,43864 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 28 61656155 Trust Account Distribution 160,00000 TOTAL NET EXPENDITURES 160,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 28 616535137 Trust Account Receipts 160,00000 TOTAL NET REVENUE 160,00000 8 Land Use Plan Update Steering Committee Chairman Chad M Stewart asked the Board Members how they would like to proceed with appointment of the Land Use Plan Steering Committee Commissioner Tony Braswell asked what the timeline is for having a committee appointed PagePage pageNumber530 March 15 , 2021 – 6 00 pm Continued Chairman Stewart stated he feels the appointments should take place soon and asked about the possibility of holding a ballot vote at the first regular meeting in April Commissioner Butch Lawter stated he feels the Board should be consistent with protocol and utilize ballots at the April 5 , 2021 morning meeting Commissioner Larry Wood asked about the best way to make sure all the districts are represented across the County Commissioner Fred J Smith , Jr suggested that each Commissioner appoint one person from their respective district and then place the remaining applicants on the ballot vote Commissioner Ted G Godwin agreed with Commissioner Smith’s suggestion Commissioner Lawter noted there is one district with no applicants and asked if that Commissioner would select someone that has not applied Commissioner Lawter expressed concerns about appointing someone that did not apply He stated if the individual was interested in serving then they should have submitted an application The Chairman canvassed the Commissioners on Commissioner Smith’s suggestion and all were agreeable except for Commissioner Lawter The Chairman confirmed that the Commissioners would each select an individual from their respective district to serve and the remaining applicants would be selected via a ballot vote 9 Manager Reports and Comments A Joint Meeting with Board of Education County Manager Rick Hester reminded everyone of the joint meeting between the Commissioners and the Johnston County Board of Education on March 16 , 2021 at 6 00 pm B Recognition of Princeton High School Girls Basketball Team County Manager Rick Hester congratulated the Princeton High School Girls Basketball Team on advancing to the State Athletic Association 1A Championship this year Mr Hester noted that even though the team did not win the State Championship , they had an outstanding year and everyone is very proud of their accomplishment 10 Board Reports and Comments A Topics for Upcoming Board Meetings Commissioner Butch Lawter recalled that the Board had discussed holding a second work session after the joint meeting with the Board of Education Commissioner Lawter suggested instead of that second work session , the Board could add the various topics to be discussed at the mid - monthly regular meetings Commissioner Lawter noted that some of the topics he would like to see is the transportation plan , a general update from Parks , Greenways , and Open Space Coordinator Adrian O’Neal , an update from the Economic Development Department , a fire study , the countywide utilities evaluation , and redistricting among other items Commissioner Larry Wood commented that there are some ongoing studies still in the works and asked if some of the topics should wait until those studies are complete County Manager Rick Hester stated interim updates could be provided on items where work is still ongoing Chairman Chad M Stewart stated the Board would utilize the mid - month meetings as suggested by Commissioner Lawter PagePage pageNumber631 March 15 , 2021 – 6 00 pm Continued B Reconsideration of Land Use Plan Steering Committee Appointment Process Commissioner Fred J Smith , Jr moved the Board reconsider the earlier canvass vote regarding the Steering Committee appointment process Commissioner Smith stated he has reconsidered his initial suggestion of allowing each Commissioner to select an individual from their respective district and then place the remaining applicants on a ballot Commissioner Smith stated he now feels it would be better to place all the applicants on a ballot vote Commissioner Ted G Godwin questioned how the Board should instead appoint individuals to the Steering Committee Commissioner Smith stated he has since changed his mind and now agrees with Commissioner Butch Lawter to put all the applicants on a ballot for the Commissioners to consider Chairman Chad M Stewart stated in an effort to make sure everyone understands , the motion to reconsider put forth by Commissioner Smith , if passed , would require all applicants to be placed on a ballot for consideration by the Commissioners at the April 5 , 2021 10 00 am meeting , followed by the Clerk and County Attorney tallying and certifying the votes , and then announcing the members at the April 5 , 2021 6 00 pm meeting Chairman Stewart asked if there was a second to the motion Commissioner Butch Lawter seconded Commissioner Smith’s motion Commissioner Ted G Godwin moved to amend Commissioner Smith’s motion to allow each Commissioner to select one individual from their respective district to serve on the Steering Committee , which failed for the lack of a second Commissioner Lawter stated he feels the Board should be consistent with recent appointments and use a ballot to vote on all applicants for the Steering Committee The Chairman called for a vote on the motion by Commissioner Smith The motion to reconsider failed by the following vote Ayes Commissioners Fred J Smith , Jr , Butch Lawter , and Patrick E Harris Nays Commissioners Chad M Stewart , Larry Wood , Tony Braswell , and Ted G Godwin C Update from Commissioner Ted G Godwin Commissioner Ted G Godwin updated the Board on his recent committee meetings and noted at the Upper Coastal Plain RPO meeting , a resolution was passed to support the Town of Selma’s efforts to obtain funding for a sidewalk project Commissioner Godwin also noted that he virtually attended a North Carolina Association of County Commissioners meeting representing the Association’s Agricultural Steering Committee where they discussed some of the funding that would be coming from the federal government Commissioner Godwin stated information is still being gathered with regards as to how that funding can be spent 11 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 5 – Acquisition of Property 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 including but not limited to OToole vs Sabatino , et al , Johnston County Case Number 21 CVS 667 pursuant to North Carolina General Statute 143 - 31811 a 3 and 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 Commissioner Ted G Godwin seconded the motion which carried unanimously No action was taken PagePage pageNumber732 March 15 , 2021 – 6 00 pm Continued Commissioner Ted G Godwin moved the Board adjourn closed session and resume regular session Commissioner Tony Braswell seconded the motion , which carried by unanimous vote There being no further business , Commissioner Ted G Godwin moved the Board adjourn Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote The meeting adjourned at 7 15 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage