November 15, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes

10 478 Meeting of the Johnston County Board of Commissioners November 15 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 15 , 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 Butch Lawter 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 Larry Wood , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Chairman Chad M Stewart noted that staff had requested the Board to approve the Consent Agenda removing Item E – Settlement Approval for Four Oaks EMS Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the following consent agenda items , removing Item E – Settlement Approval for Four Oaks EMS A Approval of Minutes – October 18 , 2021 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 Etowah Drive – Woodfin Subdivision – Wilders Township Highclere Lane – Yorkshire Village – O’Neals Township Langdon Chase Way – Langdon Chase Subdivision – Selma Township C Celebrate Cleveland Committee – Request for Temporary Road Closure The Board approved the temporary closure of Cleveland Road on December 7 , 2021 from 7 00 pm until approximately 7 45 pm for the annual Cleveland Christmas Parade route , contingent upon the Celebrate Cleveland Committee notifying the Johnston County Sheriff’s Office and the North Carolina Highway Patrol as well as obtaining the proper permit from the North Carolina Department of Transportation D Emergency Services – Donation of Monitors to Johnston County Schools The Board adopted the following resolution donating two Zoll E Series Monitors to Johnston County Schools to be used by the Clayton High School in their new EMT class Resolution Approving Conveyance of Personal Property to Another Governmental Unit Pursuant to GS 160A - 280 WHEREAS , the County of Johnston “ County ” owns two Zoll E Series Monitors that have previously been usedPage479 November 15 , 2021 – 6 00 pm Continued in EMS operations ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to another governmental unit within the United States 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 Johnston County Schools with equipment necessary to assist with instruction for a new EMT curriculum 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 the two Zoll E Series Monitors to Johnston County Schools for the Clayton High School’s new EMT curriculum 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by assisting Johnston County Schools with equipment necessary to support its new EMT curriculum at Clayton High School 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 November 9 , 2021 th Adopted this the 15 day of November , 2021 3 Special Presentation – Plaque of Appreciation to Chairman Chad M Stewart Commissioner Larry Wood stated this meeting would be the last for Chairman Chad M Stewart Commissioner Wood stated that he appreciated the friendship as well as debate with Chairman Stewart over the years , and although there has not always been agreement , they have always remained civil and friendly to one another Commissioner Wood presented a plaque of appreciation to Chairman Stewart with the following inscription WITH SINCERE GRATITUDE AND APPRECIATION FOR DEDICATED SERVICE JOHNSTON COUNTY COMMISSIONER 2013 - 2021 Chad M Stewart AND IN RECOGNITION OF DEVOTED LEADERSHIP AS CHAIRMAN DECEMBER 2020 – NOVEMBER 2021 Chairman Stewart thanked his fellow Commissioners , staff , and the citizens for their support during his time on the Board Commissioner Ted G Godwin thanked Chairman Stewart for his service on the Board and stated they have not always seen eye to eye , but more often than not , they were on the same side Page480 November 15 , 2021 – 6 00 pm Continued Commissioner Butch Lawter stated that he appreciates all the conversations and mentoring from Chairman Stewart and he will continue to value their friendship Commissioner Patrick E Harris thanked Chairman Stewart for his contribution to the Board stating Johnston County is better because of his dedication , hard work leading the Board , and participation in all of the work of the Board Commissioner Fred J Smith , Jr stated he has enjoyed watching Chairman Stewart grow as a leader this year and he commended him for his work Commissioner Smith stated Chairman Stewart brought a lot to the Board and the County and he has carried on the legacy of his father Commissioner Tony Braswell stated he was fortunate to serve on the Board in 2013 and be a part of appointing Chairman Stewart to the Board Commissioner Braswell stated while he has heard people say that Chairman Stewart needs to be more like his father , he can say that the two are very much alike when it comes to being available for the citizens and serving to help others Commissioner Braswell stated it has been an honor to serve with and watch him grow in his service to Johnston County and he will be missed Commissioner Braswell wished Chairman Stewart well in his new endeavor Chairman Stewart noted that Commissioners Braswell and Godwin were serving on the Board when he was appointed almost a decade ago Chairman Stewart expressed his appreciation for all the comments and well wishes He stated in his new role , he would still be serving the public and he thanked everyone for their support 4 Cooperative Extension – Resolution for Farm - City Week and Special Recognitions Cooperative Extension Director Bryant Spivey thanked Chairman Chad M Stewart for his years of service and support to Cooperative Extension as well as the people of Johnston County Mr Spivey stated Farm - City Week is all about the partnership between agriculture and the consumers and the celebration is extended throughout the country Mr Spivey read aloud the resolution for Farm - City Week and requested its adoption by the Board Upon a motion by Commissioner Larry Wood , seconded by Commissioner Fred J Smith , Jr , and carried unanimously , the Board adopted the following resolution NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 19 - 25 , 2021 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 agriculturalPage481 November 15 , 2021 – 6 00 pm Continued 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 19 - 25 , 2021 , 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 15th day of November , 2021 Mr Spivey stated usually during Farm - City Week , the Farm - City Week Committee is charged with holding a banquet as part of the celebrations ; however , COVID has made it difficult to carry out these events Mr Spivey noted that during the banquet each year , a farming family or agribusiness industry in Johnston County is recognized and although , some call the title “ Farmer of the Year ” or “ Agricultural Hall of Fame for Johnston County ” , he considers it to be a recognition of a lifelong commitment to agriculture Mr Spivey thanked the Board of Commissioners for allowing the Committee to recognize this year’s families at the Board meeting since the traditional banquet could not be held Recognition of the Myron Smith Family and Smith’s Nursery Mr Spivey first recognized the Myron Smith Family and Smith’s Nursery , stating the operation is located just outside McGees’s Crossroads Mr Spivey stated Myron Smith attended North Carolina State University and graduated with a Horticulture degree in 1975 He stated it was while at NCSU , that Mr Smith met his wife Sarah Farris , and they started the farm Mr Spivey stated Mr Smith converted his tobacco farm to the commercial nursery in 1980 and strawberries were added to the farm in 1994 He stated retail plant sales along with agri - tourism such as “ pick your own strawberries ” were added to the operation Mr Spivey also stated when Mr Smith’s sons returned to the farm , they began adding even more products such as greenhouse fruits and vegetables Mr Spivey stated today , the family is working on making strawberries available year - round and they have added a store with value - added goods such as meat , produce , ice cream and coffee Mr Spivey presented Mr Smith with a plaque in recognition of the family’s significant contributions to agriculture in Johnston County Mr Smith stated the family is honored and humbled to be recognized and he thanked the Farm - City Week Committee for organizing and planning the activities for the coming week Mr Smith thanked everyone who participates , advocates , and celebrates agriculture in Johnston County He introduced his wife Sarah along with his family to the Board and stated it is an honor to work everyday with family and watch his children and grandchildren work on the farm A standing ovation was given by the Board of Commissioners and all those in attendance The Commissioners expressed their appreciation to Mr Smith and his family and a photo was taken with the Board Recognition of the Ronnie Parker Family and Ronnie’s Country Store Mr Spivey continued with the presentation by recognizing the Ronnie Parker Family Mr Spivey stated Mr Parker is the owner of Ronnies Country Store in Four Oaks He stated Mr Parker grew up in the Blackmans Crossroads community , graduating from South Johnston High School in 1970 He continued that Mr Parker served in the Navy prior to his start in farming In 1976 , Mr Parker began growing tobacco and soybeans in addition to truck farming later on Mr Spivey stated it was during that time that Mr Parker got his start in the wholesale business Mr Spivey stated in 1984 , Mr Parker opened his first service station in Four Oaks providing automotive services , gasoline , and tires and in time , the location was expanded to offer more services Mr Spivey stated in 2000 , Mr Parker was forced to move due to transportation improvements in the area and he established the current location of the store which now provides everything from fuel and tires for golf carts and tractors to clothing , shoes , hats , knives , local specialty foods , hardware , garden supplies , feed and groceries Mr Spivey stated Mr Parker also grows corn , melons , squash , cucumbers , onions , peas , and more that can be purchased from the store He noted that at all times of the year , Hersheys ice cream is available in the store and Mr Parker was awarded the Golden Scoop Award , by selling over 300 gallons of ice cream per week in the summertime PagePage pageNumber5482 November 15 , 2021 – 6 00 pm Continued Mr Spivey stated Mr Parker has 20 employees , including full - time and part - time , in addition to the help of his two daughters He stated Ronnies Country Store is a place where young people can benefit from the mentorship of Mr Parker , learning a variety of agriculture and life skill s Mr Spivey presented Mr Parker with a plaque in recognition of the family’s significant contributions to agriculture in Johnston County Mr Parker thanked the Farm - City Week Committee and everyone that has supported his business and he introduced his family to the Board Mr Parker stated if it were not for the citizens of Johnston County supporting his business , he would not be where he is today A standing ovation was given by the Board of Commissioners and all those in attendance The Commissioners expressed their appreciation to Mr Parker and his family and a photo was taken with the Board 5 Public Comments A Citizen Concerns – Timothy Hodges Timothy Hodges of Clayton addressed the Board and shared his concerns regarding the current County Commissioners districts as well as how the Commissioners are elected Mr Hodges shared 2018 population numbers with the Board for some of the municipalities and stated although he did not research the unincorporated areas , it appears to him that Clayton and Smithfield have a lot of influence on elections because of their higher populations Mr Hodges stated he finds it disturbing that the populations of Clayton and Smithfield together could potentially seat the entire Board Mr Hodges continued his remarks by sharing Johnston County’s ranking as it relates to growth and development as well as poverty and asked how Johnston County could rank so high in growth and development , but also rank so low in poverty Mr Hodges stated he believes that the elections process needs to be looked at by the Commissioners Commissioner Butch Lawter asked if the County Attorney could research the process to perhaps help address some of the concerns at the December meeting Chairman Chad M Stewart instructed County Attorney Jennifer Slusser to provide the Board with more information at the December 6 , 2021 meeting B Citizen Concerns – Jennifer and Kevin Oberman Jennifer and Kevin Oberman of Clayton addressed the Board and stated they are licensed foster parents Ms Oberman stated they have had multiple foster placements in their home and she spoke on the most recent placement of siblings that have lived with them for two years Ms Oberman explained that six weeks ago , the Department of Social Services retrieved the siblings from their home allowing only a few minutes to pack their things and offering no explanation of why the children were being removed Ms Oberman shared a history of the siblings ’ time with them in their home Ms Oberman further shared her concerns and frustrations regarding the staff at the Department of Social Services stating that they had been prepared to adopt the siblings Ms Oberman stated they met with the Director of Social Services who could not give them an answer as to why the siblings were removed from their home Ms Oberman asked the Commissioners to investigate the matter Chairman Chad M Stewart stated Commissioner Patrick E Harris is the Commissioner representative on the Social Services Board and he would look into the matter as soon as possible Mr Oberman addressed the Board and thanked the Commissioners for hearing their concerns Mr Oberman stated they are worried about what may happen to the siblings C Citizen Concerns – Amber McGann Amber McGann addressed the Board and also spoke on concerns with the Department of Social Services and the foster care division Ms McGann shared her own experience of having foster children removed from her home by the Department of Social Services Ms McGann echoed comments from the Oberman’s stating they are advocates for foster children because they do not have a voice Upon further discussion with the Board , Commissioner Patrick E Harris stated he would be looking into the matter further PagePage pageNumber6483 November 15 , 2021 – 6 00 pm Continued D Citizen Comments – Angelique Legette Angelique Legette of Smithfield congratulated Chairman Chad M Stewart on his new career opportunity and wished him the best Ms Legette stated she would like the Board to consider providing larger chambers for their meetings Ms Legette further expressed her concerns with transportation in Johnston County stating there needs to be more options for public transportation Ms Legette acknowledged that JCATS offers transportation , but stated JCATS mostly provides transportation for those with Medicaid Ms Legette asked the Board to consider forming a committee that could look at the viability of a public transportation system in Johnston County Chairman Chad M Stewart thanked Ms Legette for her remarks 6 Antioch Fire Department – Letter of Support for USDA Loan Antioch Fire Chief Kendall Hocutt explained that the Antioch Fire Department is in the process of securing financing through USDA in the amount of 85,000 to purchase a 1999 Pierce Fire Engine from the Swift Creek Fire Department in Wake County Chief Hocutt stated the terms of the loan with USDA are 10 years at 2 interest fixed He reported that USDA requires a letter of support for the loan from the Board of Commissioners Chief Hocutt noted that USDA required the Fire Department to obtain three proposals from other banks for the financing and USDA had the best terms Chief Hocutt requested the Board to send a letter in support of the loan Chief Hocutt stated he is very familiar with the truck and it is a very nice vehicle that will work well for their department Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board authorized the Chairman to send a letter of support for the loan Commissioner Harris thanked Chief Hocutt for his work and dedication to his community 7 Emergency Services – Approval to Purchase Ambulances The EMS Division requested approval to purchase six Chevrolet G4500 Type III AEV ambulances using the HGACBuy governmental procurement program The cost of each ambulance is 177,065 for a total of 1,062,390 and the ambulances are consistent with the current fleet Funding for the purchase of the ambulances was allocated in the FY 2021 - 2022 budget Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the purchase of six Chevrolet G4500 Type III AEV ambulances using the HGACBuy governmental procurement program at a total cost of 1,062,390 8 Solid Waste Services – Purchase Approvals Solid Waste Services Director Rick Proctor presented three purchase requests to the Board and noted that funding for the equipment was allocated in the Fiscal Year 2021 - 2022 budget Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , and carried unanimously , the Board approved the following purchases for the Solid Waste Services Department ? John Deere 850L Crawler Dozer with listed options in the provided quote , from the represented Sourcewell contract vendor Sourcewell Contract # 032119 - JDC for a total of 377,67164 ? Bomag BC973RB - 5 Landfill Compactor from the represented Sourcewell contract vendor Sourcewell Contract # 032119 - BAI for a total of 990,95010 ? Two 2023 Mack Granite 64FR tandem axle roll - off trucks with listed options from the represented North Carolina state contract vendor North Carolina State Contract # 070E for a total of 358,43126 At the inquiry of Commissioner Ted G Godwin , Mr Proctor reported on some of the construction activities at the landfill , noting that truck traffic has been impacted somewhat due to that construction PagePage pageNumber7484 November 15 , 2021 – 6 00 pm Continued 9 Solid Waste Services – Resolution for Donation of Archaeological Material County Attorney Jennifer Slusser explained that Archaeological Consultants of the Carolinas , Inc ACC collected archaeological material from property owned by Johnston County during a survey of the Johnston County Landfill , which was conducted in May and June 2021 Ms Slusser reported 22 archaeological sites 31JT34 and 31JT679 - 31JT698 were identified during this survey Ms Slusser reported it is the County’s obligation to submit all recovered artifacts to a federally approved curation facility so that they are available for future research She stated the North Carolina Department of Cultural Resources requests that these artifacts be curated at the Office of State Archaeology Research Center in Raleigh , North Carolina Ms Slusser requested the Board to adopt a resolution approving the donation of the artifacts to the North Carolina Department of Cultural Resources Upon a motion by Commissioner Larry Wood , seconded by Commissioner Fred J Smith , Jr , and carried unanimously , the Board adopted the following resolution Resolution Approving Conveyance of Personal Property to Another Governmental Unit Pursuant to GS 160A - 280 WHEREAS , the County of Johnston “ County ” is in possession of small and fragmented artifacts as listed in the attached Exhibit A ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to another governmental unit within the United States 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 preserving and protecting objects significant to the interpretation of archaeology throughout North Carolina 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 the artifacts listed in the attached Exhibit A to the State of North Carolina , North Carolina Department of Cultural Resources 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by preserving and protecting objects significant to the interpretation of archaeology throughout North Carolina 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 November 4 , 2021 th Adopted this the 15 day of November , 2021 10 Nealon Planning – Comprehensive Land Use Plan Update Planning Director Braston Newton introduced Meg Nealon of Nealon Planning and Ben Hitchings of Green Heron Planning to update the Board Ms Nealon and Mr Hitchings presented a Comprehensive Land Use Plan update to the Board Ms Nealon stated the County is approaching the conclusion of Phase One and moving to Phase Two She reported the next Steering Committee meeting will be focused on policy and suitability as well as the goals for the direction of the County PagePage pageNumber8485 November 15 , 2021 – 6 00 pm Continued Mr Hitchings continued the presentation and stated a few weeks ago the Board received an update from Mr Newton about public involvement for the Comprehensive Land Use Plan Mr Hitchings expanded on the public involvement information , as follows PagePage pageNumber9486 November 15 , 2021 – 6 00 pm Continued Commissioner Ted G Godwin asked if there was a breakdown of the demographics of the survey responses Mr Hitchings responded that 95 of the responses were either Johnston County residents or people that work or own businesses in the County Mr Hitchings also stated the advertisement for the public survey was broad and not focused on a particular issue He noted the responses were geographically diverse , but were higher from the Smithfield and Clayton areas At the inquiry of Commissioner Butch Lawter , Ms Nealon stated information could be provided to the Board on the town and breakdown of age groups She stated the WikiMaps feature will be made available for citizens to use on the website very soon Commissioner Lawter spoke on the importance of making sure opportunities will continue to be available for the citizens to provide feedback Mr Hitchings shared the following highlights from the survey He noted that at the recent public forum , there was very good conversation amongst the attendees and it was very productive event Page0487 November 15 , 2021 – 6 00 pm Continued Mr Hitchings stated they have been working with the Steering Committee to get their feedback on the original goals in the existing Comprehensive Land Use Plan to determine what should be added , deleted , or modified He shared the refined goals as follows Commissioner Lawter commented that the third goal is tied closely to public utilities and asked about using predictive models for the future cost of utilities extension and maintenance Ms Nealon responded that a Comprehensive Land Use Plan’s focal point is future land use She stated the Board is deciding on the future pattern that then sets how to address priorities for utilities Ms Nealon stated there may be a recommendation from the Land Use Plan to perform a utilities study to help answer questions such as where the Board should invest in more capacity Page1488 November 15 , 2021 – 6 00 pm Continued Ms Nealon stated suitability involves very general types of land use and conservation and it involves how people will select land for different types of uses She stated there are different perceptions of growth and shared the following maps for suitability Page2489 November 15 , 2021 – 6 00 pm ContinuedPage3490 November 15 , 2021 – 6 00 pm Continued Ms Nealon spoke on the public’s different perceptions of growth in the County and stated communication is very important during this process Ms Nealon stated the best method is to use the Land Use Plan as a guide and let decisions be informed by the plan , but not regulated Upon comments by Commissioner Fred J Smith , Jr , Ms Nealon stated how the public views growth and development is based on their own personal experience and their day - to - day lives She noted the responses in the survey are based on the individual respondent’s specific situation The Board continued to discuss the public’s perception of growth and development and how communication and education is important when looking at the future of the County Ms Nealon stated the next steps in the process are to meet with the Steering Committee later in November and they hope to hold another public forum after the holidays She stated the team is working to stay on schedule , but also not rush the process Page4491 November 15 , 2021 – 6 00 pm Continued The Board thanked Ms Nealon and Mr Hitchings for the update Commissioner Lawter spoke on the importance of the Steering Committee and the need to take full advantage of their involvement Ms Nealon agreed stating the Steering Committee is a diverse group of individuals that offer a range of input and are listening to the public 11 Ordinance Update Pursuant to Session Law 2021 - 138 County Attorney Jennifer Slusser stated that Session Law 2021 - 138 contained sections pertaining to the decriminalization of certain local government ordinances Ms Slusser stated in order to come into compliance with the legislation , the County must adopt revisions to several ordinances within the Code of Ordinances Ms Slusser introduced and reviewed the following proposed revisions with the Board Page5492 November 15 , 2021 – 6 00 pm ContinuedPage6493 November 15 , 2021 – 6 00 pm ContinuedPage7494 November 15 , 2021 – 6 00 pm ContinuedPage8495 November 15 , 2021 – 6 00 pm Continued Ms Slusser thanked Sheriff Steve Bizzell for his guidance on the revisions Ms Slusser stated if there were no objections by the Board , staff would put the proposed revisions on the December 6 , 2021 agenda for approval consideration Sheriff Bizzell addressed the Board and stated the main issues the Sheriff’s Office enforces involve noise , firearms , and panhandling He stated in a majority of discussions , a common sense approach is used when applying the law Sheriff Bizzell stated he supports the revisions There were no objections by the Board to consider the revisions at the December 6 , 2021 meeting 12 Consideration to Exercise Option to Purchase for Cox Property County Attorney Jennifer Slusser stated on October 4 , 2021 , the Board of Commissioners entered into a Memorandum of Option Agreement and Option to Purchase for property identified as Parcel ID Numbers 15L11014 , 15L11014F , 15L11014G , and 15L11014E , known as the Cox Property Ms Slusser explained that since that time due diligence has been completed , including a survey and the Phase I Environmental has been updated Ms Slusser stated the option is set to expire on December 30 , 2021 and if the option is exercised and the terms and conditions of the sale are met , the transaction is required to close on or before June 1 , 2022 Ms Slusser stated if the Board would like to proceed with the purchase of the property , staff requests the Boards approval to exercise the Option to Purchase Page9496 November 15 , 2021 – 6 00 pm Continued Motion Commissioner Fred J Smith , Jr moved , seconded by Commissioner Patrick E Harris , to exercise the option to purchase Discussion Chairman Chad M Stewart asked for clarification on the action needed for consideration of the item Ms Slusser stated the action is to exercise the option agreement that will then transition into a purchase and sale agreement , and assuming all the conditions are met , the County would close on the property by June 1 , 2022 Chairman Stewart stated he is satisfied that a use has been identified for the property Commissioner Smith stated that he has a lot of respect for Commissioner Ted G Godwin , but feels it is critical for the County to build infrastructure to purchase this property Commissioner Smith stated Sheriff Steve Bizzell is in favor of the purchase and a use has been identified Commissioner Smith further stated the Board has discussed the legality of the appraisal , and the purchase should move forward Commissioner Godwin stated while a use for the property has been identified , there is not a need for it and he questioned how much is too much for the purchase Commissioner Godwin stated he feels the purchase is a misuse of taxpayer money Chairman Stewart stated the purchase price is based off the appraisal price Vote The motion carried by the following vote Ayes Commissioners Chad M Stewart , Tony Braswell , Patrick E Harris , Butch Lawter , and Fred J Smith , Jr Nays Commissioners Larry Wood and Ted G Godwin 13 Manager Reports and Comments A Request from Town of Benson County Manager Rick Hester stated that he has enjoyed working with Chairman Chad M Stewart over the years and he also enjoyed working with his father Mr Hester presented a resolution received from Benson Mayor Jerry Medlin Mr Hester explained that the Town is requesting the Board to adopt the resolution supporting their request to the North Carolina Department of Transportation for DOT Statewide Project Funds to cover the cost of an access road for the Berry Global expansion in Benson Upon a motion by Commissioner Larry Wood , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board adopted the following resolution Resolution Supporting the Town of Benson’s Request For North Carolina Department of Transportation Statewide Project Funds for Berry Access Road Whereas , Berry Global is expanding its Town of Benson , Chicopee , Inc subsidiary ; and Whereas , this expansion will result in the creation of sixty - three 63 full - time jobs and a 70 million private investment by the company ; and Whereas , this expansion requires an access road to be extended from Chicopee Road SR 1100 ; andPage0497 November 15 , 2021 – 6 00 pm Continued Whereas , the Town of Benson is requesting North Carolina Department of Transportation Statewide Funds to finance this access road Now Therefore , Be It Resolved , by the Johnston County Board of Commissioners that 1 The Board fully supports Berry Global’s expansion , its private investment within the County , and the new employment opportunities for residents ; and 2 The Board requests the North Carolina Department of Transportation’s favorable consideration of the Town of Benson’s North Carolina Department of Transportation Statewide Funds request th Adopted this the 15 day of November , 2021 14 Board Reports and Comments A Item from Public Comment – Foster Care Matter Commissioner Patrick E Harris , as the Commissioner Representative on the DSS Board , stated he would be contacting the Department of Social Services to inquire about the foster care situation that was brought to the Board’s attention during Public Comment and would follow up with the Board when he has more information B Fire Study Commissioner Tony Braswell stated the fire study has been completed and there is a significant amount of material to review Commissioner Braswell stated he would be working with staff and will plan to present the information to the Board at either the January or February 2022 meeting C Compliments for Town of Benson Commissioner Ted G Godwin commented that he recently traveled through the Town of Benson and he was most impressed with their downtown area Commissioner Godwin commended the Town for what they do for their community D Appointment of Commissioner for District 3 Commissioner Ted G Godwin stated that with the Chairman’s resignation , there is an opening on the Board He stated there was an application process and three applications were received Commissioner Godwin stated he and a couple other Commissioners met with each of the applicants as well as with representatives from the Executive Committee of the Republican Party Commissioner Fred J Smith , Jr stated the applicants were Richard D Braswell , Gary Wayne Lee , and Ralph Stewart and he was impressed by all of them He stated all the applicants were outstanding , but with Johnston County facing the need to build infrastructure , he felt that Richard Braswell could bring the most to the table with his experience in building infrastructure Commissioner Smith noted the Republican Party agrees with Mr Braswell’s appointment Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board appointed Mr Richard D Braswell to fill the remainder of Commissioner Chad M Stewart’s term for District 3 Commissioner Tony Braswell asked about the process by which Mr Braswell would be sworn in County Attorney Jennifer Slusser stated that she recommends Mr Braswell be sworn in on December 1 , 2021 so he can be a part of the December 6 , 2021 regular meeting of the Board Ms Slusser stated she would work with the Clerk to the Board to make the arrangements Chairman Chad M Stewart said that he believes Mr Braswell will serve the County well He reminded the public that the filing period for County Commissioner begins December 6 , 2021 Page1498 November 15 , 2021 – 6 00 pm Continued E Final Remarks from Chairman Chad M Stewart Chairman Chad M Stewart thanked the citizens of Johnston County , stating if it were not for them , he would not have had the opportunity to serve as a County Commissioner , Vice Chairman , and Chairman and that it has been an honor Chairman Stewart also thanked the County staff , his fellow Commissioners , and his family for their support during his time of service 15 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege ; NCGS 14331811 a 4 – Economic Development ; NCGS 14331811 a 5 – Acquisition of Property ; and NCGS 14331811 a 6 – Personnel Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , 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 discuss matters relating to the location or expansion of industries or other businesses in the area , pursuant to North Carolina General Statute 143 - 31811 a 4 , to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property pursuant to North Carolina General Statute 143 - 31811 a 5 , and for the purposes of personnel pursuant to North Carolina General Statute 143 - 31811 a 6 Action taken in open session 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 Approval of Settlement for Four Oaks EMS Transition County Attorney Jennifer Slusser stated the contract for services with Four Oaks EMS expired at the end of June 2021 She stated Johnston County EMS began providing EMS services to the Four Oaks area on July 1 , 2021 Ms Slusser reported that since the expiration of the contract , staff has been working cooperatively with Four Oaks EMS regarding the transition of assets from Four Oaks EMS to Johnston County Ms Slusser requested the Board’s approval of the agreement which memorializes how the assets will transfer to the County as well as sets out the responsibilities of the parties to finalize the transition She thanked Four Oaks EMS for their many years of service to the community Commissioner Ted G Godwin moved the Board approve the Four Oaks settlement as presented by County Attorney Jennifer Slusser , and as follows Commissioner Tony Braswell seconded the motion , which carried unanimously Page2499 November 15 , 2021 – 6 00 pm ContinuedPage3500 November 15 , 2021 – 6 00 pm ContinuedPage4501 November 15 , 2021 – 6 00 pm Continued There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 9 25 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage