August 16, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes

10 341 Meeting of the Johnston County Board of Commissioners August 16 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 16 , 2021 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , 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 , Clerk to the Board Paula G Woodard , Finance Officer and Deputy County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm Commissioner Patrick E Harris opened the meeting with a prayer Commissioner Tony Braswell led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the agenda as presented 2 Public Comments Dale Lands addressed the Commissioners and asked the Board not to take action of any kind on additional funding for Johnston County Schools until such time as a policy against the teachings of the Critical Race Theory CRT is adopted by the Board of Education Mr Lands expressed his concerns that although the Johnston County Schools Superintendent and Board of Education Chairman have assured the Commissioners that the CRT is not being taught in Johnston County Schools , he believes that it is in fact in Johnston County Mr Lands stated the issue for him is not difficult and policies such as this have been adopted in other areas of North Carolina Mr Lands stated he believes there are many people that agree with him and he again asked the Commissioners not to fund the school system additional monies until a policy is in place against the CRT John Saluppo , 117 Hansen Run , Clayton , addressed the Board and expressed his concerns regarding the CRT , indoctrination , and other divisive issues in Johnston County Schools Mr Saluppo also expressed his concerns regarding Superintendent Dr Eric Bracy and stated he still has not provided a promised business plan on how to correct the school system Mr Saluppo shared his disappointment concerning the Board of Education and how they are managing Johnston County Schools , and he encouraged the Board of Commissioners to hold Johnston County Schools accountable Joe Preston , 202 Carissa Drive , Smithfield , stated his wife is a teacher at South Johnston High School and she has refused to wear a mask in school Mr Preston explained that because she has refused to wear a face cover , she has been told that she can file for a medical exemption , which she does not have , or take nine weeks of unpaid leave Mr Preston stated they were told that the Board of Education made their decision to mandate masks based on guidelines from the Johnston County Health Board , in which that membership is selected and appointed by the Johnston County Board of Commissioners Commissioner Tony Braswell stated that while the Board of Education may ask the Health Director for her opinion , the Board of Education makes their own decisions Commissioner Patrick E Harris , the Commissioner Representative on the Health Board , clarified that the guidelines from the Health Department ultimately come down from the State Commissioner Harris noted that there was a lot of pressure on counties to issue countywide mask mandates , which the Johnston County Board of Commissioners never did Commissioner Harris continued that he believes in educating people and getting information out to the public ; however , he is also in favor of preserving the freedom of the citizens and for them to have the right to choose Commissioner Harris stated the Health Director receives guidelines from the State , which she in turn must send out as the Health Director Commissioner Harris stated while the Board of Education may have been citing some of the guidelines that have been set forth by the State through the Health Director , the decision made by the Board of Education was not the result of a directive from the Board ofPage342 August 16 , 2021 – 6 00 pm Continued Health Commissioner Harris reiterated that he personally believes it should be everyone’s choice whether or not to wear a mask Rick Walker , 67 Slateford Drive , Clayton , addressed the Board and spoke against divisive teachings in Johnston County Schools Mr Walker asked the Board of Commissioners to find out why a policy drafted by a member of the Board of Education was not adopted and instead the Board of Education only approved an amendment to an existing policy Mr Walker stated he has lived a diverse life and believes character means more than skin color Mr Walker spoke against discrimination stating he has had cherished interracial relationships both personal and professional that helped mold him to the mindset that regardless of color , creed , religion or social status , everyone bleeds the same Mr Walker expressed his concerns for the children of the future and the issues that they may face Eddie Helm , 178 Crockers Nub Road , Middlesex , expressed his disappointment with the Board of Education as well as his concerns over CRT teachings and the lack of a policy prohibiting divisive teachings in the schools Mr Helm also expressed his concerns over the Board of Education’s recent decision to mandate masks and he asked the Board to also make that issue a part of the stipulations for additional funding to Johnston County Schools James Gathers , 4710 Devils Racetrack Road , Four Oaks , recalled that he spoke to the Board recently regarding CRT teachings and since that time , he has wondered if the real problem is with the schools or is it in the community Mr Gathers spoke on accountability , stating the Commissioners are pillars of the community and the decisions they make will stay with them for the rest of their lives Mr Gathers stated the Commissioners are elected into office to make decisions that the people do not always agree with , but they must vote for what their hearts tells them is the right thing Mr Gathers stated it is time for everyone to focus on the children and what is best for them Commissioner Fred J Smith , Jr shared a bible verse along with his thoughts that God wants us all to be one , which he believes in and that all people are equal Commissioner Smith stated as elected representatives and as people we need to stand for everyone being equal Tamara Barbour , 35 Bear Oak Drive , Smithfield , stated she would like to know the Board’s definition th of CRT Ms Barbour stated she is a lifelong resident of Johnston County and is beginning her 26 year in education Ms Barbour stated her mother always taught her that a person will love what they support and she asked the Board to show that in their decisions Rick Mercier , 193 Fireweed Place , Clayton , stated there is a collective rage in the community and he believes that the Commissioners have helped to raise the temperature of the community by manufacturing a fake controversy that stirs up racial fears and resentment Mr Mercier expressed concerns that issues are being stoked for political gain and further expressed his disappointment regarding additional funding being withheld from Johnston County Schools over a policy Mr Mercier stated as the school system’s population becomes increasingly diverse , a system is necessary to address everyone’s needs and teachers should be respected as professionals Mr Mercier urged the Commissioners to move on from the CRT issue and fully fund the schools Emmalee Brasier , 124 Blue Slate Lane , Clayton , stated she moved from New York to Johnston County and while she loves Johnston County and her children have excelled here , she is frightened by what is happening now Ms Brasier spoke on her encounters with law enforcement in the County and stated they were very professional and respectful Ms Brasier stated she has been told by her children that CRT is not being taught in their schools , so she is confused as to why there is so much discussion over something that is not happening Ms Brasier stated the children and their needs should be the focus Mark Wyler , 77 Look Drive , Garner , stated he moved to Johnston County four years ago because the values seemed to be aligned with his family Mr Wyler stated they are a biracial family and he is concerned over what is being taught in school Mr Wyler stated the CRT may not be in the schools , but the point of the conversation is to make sure that it will not be taught and that there is a legitimate written policy in place to address the matter Tori Stewart , 236 Swann Trail , Clayton , spoke on the CRT being taught in schools and provided the Board with an example of where her child experienced such teachings Ms Stewart stated there needs to be a plan in place to specify exactly what will be taught to the children Ms Stewart asked the Board not to fund the additional monies to Johnston County Schools until something is put into place Page343 August 16 , 2021 – 6 00 pm Continued April Lee , 182 Coaster Court , Angier , stated she believes the actions of withholding funding from Johnston County Schools until a policy is adopted on the CRT is nothing more than extortion Ms Lee spoke on statistics from the Census and stated there is approximately 30 of people who fall under the category of color in Johnston County Ms Lee stated there is no representation of people of color on the Board of Commissioners due to districts that were established a long time ago Ms Lee encouraged the Commissioners to get out into the minority communities and listen to what people are saying about what is being taught in the schools Ms Lee spoke on how she teaches history in her classroom and stated it is time that the needs of all children are met Angela Barbour , Clayton , stated she is a Johnston County educator and she knows that , depending on the instructor , the CRT is being taught in the schools and a policy needs to be adopted outlining what can and cannot be put in educational guidelines Matt Burns , 96 Look Drive , Garner , stated there are many arguments for and against the CRT ; however , there are no good arguments either way Mr Burns stated more unity is needed rather than arguments and separation Mary Beck , 302 Vinson Road , Clayton , shared her concerns with the Board regarding the mask mandate and spoke against withholding funding from Johnston County Schools over the mandate Ms Beck read a statement from her friend , Bill Crocker , who is unable to attend the meeting because his child has COVID In the statement Mr Crocker expresses support for a mask mandate Ms Beck also expressed her personal opinion in support of wearing masks and her disappointment in others that refuse E - mails Received Chairman Chad M Stewart acknowledged that the Board had received a number of emails on the same subjects spoken of during public comment and the Commissioners have reviewed those received 3 Health Department – Approval of Temporary Public Health Nurse II – School Liaison Human Resources Director Lu Hickey shared updated COVID statistics with the Board and noted the County currently has approximately 25,000 positive cases and the numbers have been trending up Ms Hickey also stated Johnston County has been identified as a high transmission county She stated the current positivity rate is 15 and there are 50 hospitalizations Ms Hickey reported the Health Department is requesting the Board to approve a new temporary full time Public Health Nurse II position that will serve as a school liaison to assist with COVID coordination Ms Hickey stated counties will be receiving state grant funding to cover the costs associated with this temporary position She noted the Health Department is requesting the position temporarily for the school year or as long as the funding lasts Chairman Chad M Stewart expressed concerns over finding applicants to apply for a position knowing that the funding would be temporary Ms Hickey noted that there have been other positions in the past that have been funded with grants similar to this position and there are many times that the grant funding will be renewed County Manager Rick Hester also noted the Health Department has reached out to retirees in the past for similar temporary type positions Commissioner Patrick E Harris moved the Board approve the temporary Public Health Nurse II position for the school year or as long as the grant funding lasts , and further adopt the associated budget revision Commissioner Tony Braswell seconded the motion which carried unanimously REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59150200 Salaries & Wages 115,00000 TOTAL NET EXPENDITURES 115,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591534155 State Grant 115,00000Page344 August 16 , 2021 – 6 00 pm Continued TOTAL NET REVENUE 115,00000 4 Sheriff’s Office – 2021 Edward Byrne Memorial Justice Grant Funds Chairman Chad M Stewart referenced the memorandum from Johnston County Sheriff Steve Bizzell in the agenda packet which informs the Board of Commissioners that the Sheriff’s Office has applied for 2021 Edward Byrne Memorial Justice Grant Funds in the amount of 15,70200 The grant funds will be used to purchase Taser devices to be used by uniformed deputy sheriffs Chairman Stewart noted that the Sheriff has requested the Board to enter the memorandum of official notification of the grant funding into the minutes as part of the rules set forth in obtaining the federal grant funds by the US Department of Justice , Bureau of Justice Assistance Commissioner Larry Wood moved to accept the memorandum of official notification below as part of the minutes and approve the grant Commissioner Patrick E Harris seconded the motion which carried by unanimous vote 5 Moseley Architects – Contract Award for Public Safety Center Construction Dan Mace , Moseley Architects , reported the County has received bids for the Public Safety Center Construction Project which will house the Sheriff’s Office , 911 - Communications , and Emergency Services Mr Mace presented the following information to the Board PagePage pageNumber5345 August 16 , 2021 – 6 00 pm ContinuedPagePage pageNumber6346 August 16 , 2021 – 6 00 pm ContinuedPagePage pageNumber7347 August 16 , 2021 – 6 00 pm Continued Mr Mace stated Moseley Architects recommends award of the Public Safety Center Construction Project to Bordeaux Construction Company in the amount of 17,797,00000 and adoption of a capital project ordinance He stated Moseley has had a number of successful projects with Bordeaux and they are well qualified to complete the project He noted the cost projection from February 2021 is less than the actual construction budget by approximately 25 million ; however , he stated they did have to add some additional square feet to the plan for the evidence storage facility and the bidding climate is still very volatile Mr Mace stated he still believes the County is getting a lot of value for the cost PagePage pageNumber8348 August 16 , 2021 – 6 00 pm Continued Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board awarded the Public Safety Center Construction Project to Bordeaux Construction Company in the amount of 17,797,00000 and adopted the following capital project ordinance CAPITAL PROJECT ORDINANCE FOR THE JOHNSTON COUNTY PUBLIC SAFETY CENTER – PHASE II 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 planning , design and construction of a new two - story , approximately 62,910 square - foot Law Enforcement Center the “ Project ” The Project is initially to be financed by an appropriation from the County’s General Fund Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 1,321,720 Furniture and Fixtures 889,850 Construction 17,947,000 Contingency 889,850 21,048,420 Section 4 The following revenues are anticipated to be available to complete the Project County General Fund Appropriation 21,048,420 Section 5 The Deputy County Manager Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy state and federal regulations and the terms of any potential future financing documents related to the Project Section 6 Funds may be advanced from the County’s General Fund for the purpose of making payments for Project expenses Reimbursements from potential future financing proceeds related to the Project will be requested in an orderly and timely manner Section 7 The Deputy County Manager 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 , the Budget Officer and the Deputy County Manager Director of Finance for direction in carrying out this Project Adopted this 16th day of August , 2021 6 Finance – Review and Consideration of Responses to Emergency Rental Assistance Program Request for Proposals County Manager Rick Hester stated the County solicited proposals from qualified vendors to provide software and case management services for the administration of Johnston Countys Emergency Rental Assistance Program He stated three proposals were received and staff has been working with Yardi Systems , Inc on a contract to assist the County with this program Mr Hester reported Johnston County has received over 20 million for the program He stated staff would like more time to continue due diligence on the contract with Yardi and a special meeting may be needed later in the month It was the consensus of the Board to take the matter under advisement pending the completion of due diligence by staff , whereupon a special meeting may be scheduled for formal action at a later date 7 Public Utilities – 2022 AC Water Main Replacement Project Proposed Budget Utilities Director Chandra Farmer , PE , reported the County’s previously approved Water and Sewer Capital Improvements Plan includes a project to remove and replace the remaining asbestos cement AC water mains located within the County’s water distribution system approximately 20,000 LF She stated the existing AC water mains are some of the oldest mains within the County’s system Furthermore , the material is brittle and these mains are typically located in areas that are difficult to access and repair Ms Farmer stated the Board of Commissioners previously approved submittal of a funding application with the NC Division of Water Infrastructure DWI She stated the County received a Letter of Intent to Fund from the NC Division of Water Infrastructure in response to the funding application submitted for the Fall 2020 application cycle The proposed loan will be from the Additional Supplemental Appropriations for Disaster Relief Act of 2019 ASADRA with a maximum interest rate of 11 Ms Farmer stated in order to proceedPagePage pageNumber9349 August 16 , 2021 – 6 00 pm Continued with the proposed project design , staff recommends the Board of Commissioners adopt a capital project budget Ms Farmer presented the following proposed project budget Project Expenses Construction 3,831,50000 Contingency 383,15000 Technical Services Design Permitting Construction Services 885,20000 Easement Acquisition 40,15000 Loan Closing 102,80000 TOTAL 5,242,80000 Project Funding ASADRA Loan 11 max , 20 years 5,242,80000 Ms Farmer stated staff respectfully requests approval of the proposed project budget and adoption of the capital project ordinance Commissioner Butch Lawter moved the Board approve the proposed project budget for the 2022 AC Water Main Replacement Project as presented and adopt the following capital project ordinance Commissioner Ted G Godwin seconded the motion which carried by unanimous vote CAPITAL PROJECT ORDINANCE FOR THE 2022 ASBESTOS CEMENT WATER MAIN REPLACEMENT 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 2022 Asbestos Cement Water Main Replacement Project the “ Project ” The Project consists of removal and replacement of the remaining asbestos cement water mains located within the County’s water distribution system approximately 20,000 linear feet The Project is to be financed by a loan through the State Division of Water Infrastructure from the Additional Supplemental Appropriations for Disaster Relief Act of 2019 the “ ASADRA Loan ” Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the ASADRA Loan offer and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 885,200 Construction 3,831,500 Contingency 383,150 Easement Acquisition 40,150 Loan Closing 102,800 Total 5,242,800 Section 4 The following revenues are anticipated to be available to complete this Project ASADRA Loan 5,242,800 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 North Carolina Department of Environmental Quality and the terms of the ASADRA Loan 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 North Carolina Department of Environmental Quality 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 Adopted this 16th day of August , 2021 8 Budget Revisions At the request of Finance Director and Deputy County Manager Chad McLamb , Commissioner Tony Braswell moved the Board approve the following budget revisions , seconded by Commissioner Larry Wood , and carried by unanimous vote Page0350 August 16 , 2021 – 6 00 pm Continued Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59103300 Departmental Supplies 3,00000 TOTAL NET EXPENDITURES 3,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591034155 State Grant 3,00000 TOTAL NET REVENUE 3,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59550200 Salaries & Wages 13,60100 TOTAL NET EXPENDITURES 13,60100 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 595534155 State Grant 13,60100 TOTAL NET REVENUE 13,60100 Register of Deeds REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 48009083 Conveyance Excise Tax on Deeds 170,00000 TOTAL NET EXPENDITURES 170,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 480035113 Register of Deeds 170,00000 TOTAL NET REVENUE 170,00000 9 Manager Reports and Comments None 10 Board Reports and Comments A Alliance Board of Directors Representation Commissioner Ted G Godwin stated Johnston County has two seats on the Alliance Board of Directors , one of which is currently held by Lee Jackson and the other being vacant Commissioner Godwin stated he is willing to serve in the second seat Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board voted to appoint Commissioner Ted G Godwin as the Commissioner representative on the Alliance Board of Directors Commissioner Butch Lawter commented that at the recent North Carolina Association of County Commissioners Conference , he spoke with the Wake County representative on the Alliance Board who highly encouraged Johnston County to fill the second seat Commissioner Lawter expressed his thanks to Commissioner Godwin for filling that seat B Recent North Carolina Association of County Commissioners Annual Conference Chairman Chad M Stewart thanked the Commissioners who were able to attend the recent North Carolina Association of County Commissioners Annual Conference Chairman Stewart also expressed his appreciation to Commissioner Butch Lawter for representing Johnston County as this year’s voting delegate as well as to Commissioner Ted Godwin for his service on Association’s Board of Directors and Agricultural Steering Committee Page1351 August 16 , 2021 – 6 00 pm Continued C Future Non - Emergency Agenda Items Commissioner Fred J Smith , Jr commented that in talking about land planning issues , the Board has been reminded that they are a legislative body and as such , legislative bodies should take the proper time to study issues and requests that come before them Commissioner Smith suggested that in the future , since the Board now meets twice a month , unless an item on the agenda is an emergency or something that requires immediate action , for the Board to take agenda requests as informational items when they are first presented and then deliberate on those items until the next meeting whereupon action could be taken Following brief discussion , Chairman Chad M Stewart thanked Commissioner Smith for the suggestion and asked the Board to take it under advisement for discussion at the next meeting 11 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 6 – Personnel Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , 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 and for the purposes of personnel pursuant to North Carolina General Statute 143 - 31811 a 6 No action was taken Commissioner Larry Wood moved the Board adjourn closed session and resume regular session Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote There being no further business , Commissioner Butch Lawter moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 8 05 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage