October 5, 2020 - 10:00 AM - County Board of Commissioners Meeting Minutes
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10 563 Meeting of the Johnston County Board of Commissioners October 5 , 2020 10 00 am The Johnston County Board of Commissioners met in regular session Monday , October 5 , 2020 at 10 00 am in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , 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 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 Tony Braswell , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board approved the agenda as amended to add Item 15A – Solid Waste Decal Program Discussion and Item 16A – Meadow Fire Department Approval of Tax Exempt Loan Status 2 Consent Agenda Items Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – September 8 , 2020 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 Darcy Drive – Mayfield Subdivision – Wilders Township C Proclamation for Employee Appreciation Week – October 19 - 23 , 2020 adopted as follows JOHNSTON COUNTY EMPLOYEE APPRECIATION WEEK October 19 – October 23 , 2020 WHEREAS , Johnston County employees represent over 1,000 men and women , working in 31 different service departments and agencies , devoted to making Johnston County a better place to work and live ; and WHEREAS , Johnston County employees provide a multitude of services for all the citizens of the County ; and WHEREAS , Johnston County employees are both skilled and efficient in their jobs , making every effort to expend County tax dollars in the most effective way for the betterment of the County and its citizens ; and WHEREAS , Johnston County Government runs smoothly on a day to day basis primarily because of the dedicated employees in each of its departments and agencies NOW , THEREFORE , in appreciation for their dedication to the welfare of the citizens of our County , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the week of October 19 - 23 , 2020 as COUNTY EMPLOYEE APPRECIATION WEEK th Adopted this the 5 day of October , 2020 D Harbor – Proclamation for Domestic Violence Awareness Month adopted as follows PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2020Page564 October 5 , 2020 – 10 00 am Continued WHEREAS , home should be a place of warmth , unconditional love , safety , and peace ; however , tragically for many Americans , these are blessings that are tarnished by violence and fear ; and WHEREAS , domestic violence touches the lives of Americans of all ages , leaving a devastating impact on women , men , and children of every background and circumstance with a family’s home becoming a place of fear , hopelessness , and desperation when a woman is battered by her partner , a child witnesses the abuse of a loved one , or a senior is victimized by family members ; and WHEREAS , domestic violence remains a major public health , social justice , and human rights issue requiring particular attention , and its interventions must be with the inclusion of both women and men at all levels ; and WHEREAS , there is an urgent need , more than ever , to get involved ; and WHEREAS , the wide prevalence of domestic violence and sexual assault , along with the shocking silence and inaction around these issues , compels all of us to come together and get involved to end the abusive violence in our relationships , in our families , and in our communities ; and WHEREAS , since 1984 , HARBOR , INCORPORATED has been actively involved in addressing domestic violence in our community and has collaborated with numerous people and groups to respond , educate , and bring awareness to all people about domestic violence ; and WHEREAS , HARBOR , INCORPORATED serves approximately 3,000 direct victims and others annually and would like to invite everyone to support October 2020 as Domestic Violence Awareness Month , as it will be dedicated to the NO MORE – Change Happens Here ” Campaign Together We Can End Domestic Violence and Sexual Assault ; and WHEREAS , this campaign underscores the urgent need for involvement by taking action , speaking out , breaking our silence , and seeking help when we see this problem in our life , in our family , and in our community NOW THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners does hereby proclaim the month of October 2020 as Domestic Violence Awareness Month and urges all citizens to observe this month by becoming aware of the tragedy of domestic violence , support those who are working toward its end , and make a personal commitment to get involved in the Campaign “ NO MORE - Change Happens Here ” th Proclaimed this the 5 day of October 2020 E Alzheimer’s Disease Awareness and Caregivers Month Proclamation – November 2020 adopted as follows PROCLAMATION Alzheimer’s Disease Awareness and Caregivers Month WHEREAS , Alzheimer’s disease is a progressive degenerative disease of the brain causing deterioration in memory and thinking , as well as judgment and reasoning ability ; it also affects behavior , emotions and the ability to perform self - care ; and th WHEREAS , Alzheimer’s disease is the 6 leading cause of death in United States , killing more people than breast and prostate cancer combined ; and th WHEREAS , it is also the 6 leading cause of death in North Carolina and also right here in Johnston County ; and WHEREAS , one in three Senior citizens dies with Alzheimer’s or another dementia and more than half of all Americans know someone who has or had Alzheimer’s ; and WHEREAS , more than five million Americans are now living with Alzheimer’s disease with over 180,000 residing in North Carolina ; and WHEREAS , Alzheimer’s disease affects whole families since it is a long term illness that requires long term care ; and WHEREAS , over sixteen million family members and friends are serving as their caregivers nationwide , 479,000 of those giving care are North Carolinians ; and WHEREAS , an estimated 186 billion hours of care valued at 244 billion dollars will be provided to those with Alzheimer’s and other dementias in 2020 ; and WHEREAS , in 2020 Alzheimer’s and other dementias will cost the nation 305 Billion , that figure could be as high as 11 Trillion by the year 2050 ; and WHEREAS , with early detection and diagnosis , individuals and families can gain access to treatment medications , enroll in critical research trails , and fully participate in planning for the future ; and WHEREAS , the Johnston County Board of Commissioners recognizes individuals , families , friends and caregivers dealing with the devastating effects of Alzheimer’s disease , the researchers who are seeking a cause or causes and cure , and the educational programs and support services provided by Alzheimer’s organizations NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 2020 as Alzheimer’s Disease Awareness and Caregivers Month in Johnston County and urges our citizens to commend its observance th Proclaimed this the 5 day of October , 2020 Page565 October 5 , 2020 – 10 00 am Continued F Sheriff’s Office - Request to Surplus Equipment Per the request of Sheriff Steve Bizzell , the Board declared the following vehicle surplus that was involved in an accident and deemed a total loss by the insurance company 2020 Dodge Charger VIN # 2C3CDXKT1LH168039 County Asset # 013901 G Health Department – Request to Declare Vehicle Surplus Per the request of the Johnston County Health Department , the Board declared the following vehicle surplus and approved for it to be sold at the next public auction to be coordinated by the Sheriff’s Office 2003 Dodge Caravan Mileage 134,269 VIN # 1D4GP24R33B219951 H Tax Releases & Refunds – 08 16 2020 – 09 15 2020 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2019 2009 - 649076 2006 - 671637 Klender , Deanna Lee Overpayment 15775 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 8 17 2020 8 17 36 AM dwoodward2 2020 - 83129 76073800 ROBERTS , JERRY M 1,81297 8 17 2020 8 20 10 AM dwoodward2 2020 - 20610 2000226011 COATS , RUTH B 1,83375 8 17 2020 9 05 31 AM dwoodward2 2020 - 109913 2000157104 WICKER , CARLOS DWANE 32046 8 17 2020 9 19 20 AM dwoodward2 2020 - 109913 2000157104 WICKER , CARLOS DWANE - 32046 8 17 2020 9 21 04 AM dwoodward2 2020 - 109913 2000157104 WICKER , CARLOS DWANE 89325 8 19 2020 1 56 28 PM dwoodward2 2020 - 9369 2000201038 BENSON GREEN ASSOCIATES 45,39495 LIMITED PARTNERSHIP 8 19 2020 11 02 18 PM ALassiter 2020 - 110376 2000206514 OFF THE ROAD TIRES , INC 56772 8 19 2020 11 16 16 PM ALassiter 2020 - 118540 2000197885 TCF EQUIPMENT FINANCE 10744 8 19 2020 11 49 32 PM ALassiter 2020 - 25814 2000218074 CUMMINS INC 78952 8 20 2020 7 53 35 AM dwoodward2 2020 - 41417 2000207707 HAWKINS , CHADWICK DANIAL 2,12307 8 20 2020 2 50 40 PM ALassiter 2020 - 76306 2000199408 PETCO ANIMAL SUPPLIES INC 25289 8 21 2020 8 08 33 AM dwoodward2 2020 - 74838 68378841 PEACOCK , JERRY C 1,34095 8 21 2020 8 16 28 AM dwoodward2 2020 - 8925 2000194926 BECK , WILLIS 2,40318 8 25 2020 11 19 13 AM ALassiter 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dwoodward2 2020 - 58592 2000047612 LEIMGRUEBLER , MAI HATHAWAY 1,42541 9 10 2020 1 33 24 PM cfutch 2020 - 113127 2000195595 CUMBERLAND HOMES , INC 2,21923 9 10 2020 1 35 10 PM ALassiter 2020 - 101738 2000085516 WELLS FARGO FINANCIAL LEASING 11122 INC 9 10 2020 1 44 12 PM ALassiter 2020 - 101740 2000085516 WELLS FARGO FINANCIAL LEASING 39141 INC 9 10 2020 1 52 25 PM dwoodward2 2020 - 36031 2000221962 LEWIS , DERRICK 2,30888 9 10 2020 1 55 16 PM dwoodward2 2020 - 37419 2000202940 GOODE , DONALD 2,32651 9 10 2020 1 58 50 PM dwoodward2 2020 - 101849 2000097919 WATSON , SHEILA J 1,53269 9 10 2020 2 03 01 PM dwoodward2 2020 - 91928 83563400 STEPHENSON , LEVERN BYRD 1,07199 9 10 2020 2 06 00 PM dwoodward2 2020 - 10861 2000216018 MATHER , PATRICIA 61287 9 10 2020 2 08 27 PM dwoodward2 2020 - 45977 2000214323 HOWARD , MAUREEN 1,34183 9 10 2020 2 17 00 PM dwoodward2 2020 - 88742 2000207036 SMITH , BRANDON 3,11859 9 10 2020 2 21 28 PM ALassiter 2020 - 101741 2000085516 WELLS FARGO FINANCIAL 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NO 1 9 10 2020 4 00 53 PM dwoodward2 2020 - 111397 2000022637 FRANCES P OLIVER 18525 GRANDCHILDREN TRUST NO 1 9 10 2020 4 38 25 PM ALassiter 2020 - 98546 2000075131 US LUMBER GROUP LLC 36096 9 10 2020 4 42 22 PM ALassiter 2020 - 69060 2000179107 MULLINS , JERRY D 10660 9 11 2020 7 04 59 AM dwoodward2 2020 - 92638 2000221480 COX , LLOYD JEHU JR 3,67130 9 11 2020 11 03 29 AM ALassiter 2020 - 114919 2000198294 COMPANY WRENCH LTD 82921 9 11 2020 11 06 23 AM ALassiter 2020 - 114920 2000198294 COMPANY WRENCH LTD 1,92522 9 11 2020 12 21 32 PM ALassiter 2020 - 114750 2000215547 SPARK SERVICES , LLC 37106 9 11 2020 4 00 47 PM ALassiter 2020 - 58716 2000182828 LEE , ROY ALAN 14479 9 11 2020 5 14 27 PM ALassiter 2020 - 107291 2000182634 XEROX FINANCIAL SERVICES LLC 13393 9 15 2020 12 01 23 AM ALassiter 2020 - 89495 2000157685 SNYDER , ROBERT 23264 9 15 2020 12 30 22 AM ALassiter 2020 - 110637 2000182669 CATERPILLAR FINANCIAL 1,07461 9 15 2020 11 22 47 AM ALassiter 2020 - 110638 2000182669 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4 35 24 PM Jodee Langdon 2020 - 37535 2000200875 GORDON ESTATES , INC 25800 9 10 2020 1 20 09 PM cfutch 2020 - 200652 2000178011 SHORT , ANTWAN L 36450 9 10 2020 1 37 20 PM cfutch 2020 - 200659 2000195595 CUMBERLAND HOMES , INC 1,83223 9 10 2020 2 05 59 PM jmorrow 2020 - 99926 2000189658 VEREEN , DEBORAH 10000 9 15 2020 3 28 20 PM cfutch 2020 - 200714 2000121291 COLE CREEK ASSOCIATES LLC 1,60294 9 15 2020 3 33 13 PM cfutch 2020 - 200715 2000121291 COLE CREEK ASSOCIATES LLC 29060 North Carolina Vehicle Tax System - Pending Refund Report – August 2020 100 + Payee Name Bill # Transaction Refund Total Change # Reason EAST COAST 0055506993 262690044 Situs error 000 TOWING INC 49077 6242 16359 59194 EAST COAST 0056490348 262690040 Situs error 000 TOWING INC 33971 JTW 4321 11324 40974 HERRICK , 0054140741 131140204 Adjustment 31768 CHERYL LYNN 9196 40964 LANDEN , 0052596562 130822040 Adjustment 11172 JASON ALLEN 1470 12642 PUTNAM , 0056787430 131455068 Military 12327 THOMAS 1176 JARRAD 13503 PUTNAM , 0056787662 131455070 Military 28052 THOMAS 2676 JARRAD 30728 STEINMANN , 0053854361 197183409 Adjustment 15162 JEFF ALAN 11571 000 26733 September 23 , 2020 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Jocelyn Andrews A complete record of this information is on file in the County Finance Office Totals from 08 15 20 to 09 15 20 Tax refunds - Personal Real Property 62449 Tax releases - Personal Real Property 2,45452 Motor vehicle release refund 14537 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 Proclamation – National 4 - H Week Cooperative Extension 4 - H Agent Courtney Stanley introduced 4 - H Member Chloe Allen and stated Miss Allen is currently serving as the 2020 - 2021 North Carolina State 4 - H President Miss Allen is a sophomore at North Carolina State University studying Communication Media and Leadership PagePage pageNumber7569 October 5 , 2020 – 10 00 am Continued Miss Allen addressed the Board and spoke on her experience with 4 - H and the things she has accomplished through being a part of this organization Miss Allen spoke on achieving her goal of becoming the State Council President and all it has meant to her She also spoke on her activities and responsibilities associated with that position She stated the COVID - 19 Pandemic has somewhat limited their activities ; however , she has still been able to represent 4 - H through multiple videos speaking on the advantages and opportunities that 4 - H offers Miss Allen asked the Board to adopt a proclamation for National 4 - H Week in Johnston County and spoke on the activities that will be taking place to highlight 4 - H Chairman Ted G Godwin thanked Miss Allen for her presentation and stated the Board is proud that she is from Johnston County Commissioner Chad M Stewart moved the Board adopt the following proclamation for National 4 - H Week in Johnston County , seconded by Commissioner Larry Wood and carried unanimously Chairman Ted G Godwin read the proclamation aloud NATIONAL 4 - H WEEK DECLARATION WHEREAS , 4 - H youth across the nation are leading efforts to solve problems in their communities and make a difference for their futures ; and WHEREAS , 4 - H is the largest youth development organization in North Carolina and the largest in the nation with over six million participants ; and WHEREAS , 4 - H in North Carolina claims 218,669 youth members and 21,413 volunteers , while Johnston County’s 4 - H program numbers more than 5,400 members and more than 649 volunteers ; and WHEREAS , 4 - H as part of the NC Cooperative Extension System of NC State University and NCA & T State University is a program where youth learn through opportunities that provide them hands - on experiences in 4 - H’s mission mandates of science , engineering and technology ; healthy living ; and citizenship ; and WHEREAS , 4 - H has connected youth and their communities with the innovative research and resources from our nation’s 106 land - grant universities and colleges for more than 101 years NOW , THEREFORE , the Johnston County Board of Commissioners , does hereby proclaim October 4 - 10 , 2020 as National 4 - H Week in Johnston County We urge the people of this County to take advantage of the opportunity to become more aware of this special program that enhances our young people’s interests in their futures as part of Johnston County 4 - H Youth Development and to join us in recognizing the unique partnership between our County and our State University System th Adopted this the 5 day of October 2020 4 COVID - 19 Updates Health Director Dr Marilyn Pearson thanked all the departments and agencies that continue to support and assist the Health Department throughout the pandemic Dr Pearson stated the number of positive COVID - 19 cases continues to increase and testing continues throughout the County She stated the positivity rate as of th the week of September 20 was 53 and they prefer to see the rate stay below 5 Dr Pearson stated approximately 2,500 to 3,000 tests are being conducted weekly Dr Pearson reported they are actively working with one cluster and six outbreaks with four of those being repeat outbreaks She stated they have organized a committee to begin looking at the logistics for vaccine clinics once it becomes available Dr Pearson also reported they have been working closely with Johnston County Schools as they begin reopening She encouraged everyone to continue frequent hand washing , social distancing , and wearing masks Dr Pearson also reminded everyone to get their regular flu shot Emergency Services Director Kevin Hubbard reported the personal protective equipment PPE supplies are currently stable and they are working with the Buildings & Grounds Department to make sure adequate supplies are on hand for county agencies Mr Hubbard stated they are also continuing to monitor the weather and tropical systems during the hurricane season 5 Public Comments A Skyfest Over JoCo Event Mike Mancuso , President and CEO of the Triangle East Chamber of Commerce , stated the Chamber along with the US Veterans Corps and the Johnston Regional Airport are excited to announce that the Skyfest th th Over JoCo event will be happening on Friday , October 9 and Saturday , October 10 Mr Mancuso stated rd because of COVID - 19 , the in - person event had to be canceled ; however , they have been working with the 333 Fighter Wing from Seymour Johnson and the F - 15 Strike Eagles will be flying over Johnston County thisPagePage pageNumber8570 October 5 , 2020 – 10 00 am Continued weekend He stated they plan to fly across the towns and communities in the County so that everyone can come outside and enjoy the event starting at 12 00 Noon on Friday Mr Mancuso stated this flight is in honor of all the first responders , frontline workers , and healthcare workers for all the work they do Mr Mancuso stated on th Saturday , October 10 , the Bandit Flight Team will fly through the County and perform the Missing Man formation over the center of Clayton in honor of Clayton Firefighter Jason Dean who recently passed away due to COVID - 19 B CenturyLink – Grant Funds Request for Match Assistance Derek Kelly , Government Affairs Director for CenturyLink , spoke to the Board regarding grant funds available to help expand broadband services Mr Kelly stated the grant funds are available through a program created two years ago by the North Carolina General Assembly called the Growing Rural Economies with Access to Technology Grants GREAT Grants Mr Kelly stated the funds were initially only available to Tier 1 counties with Tier 2 counties added later on ; however , the General Assembly recently passed a supplemental round of the program that allows rural census tracts within Tier 3 counties to apply for the funds Mr Kelly stated through this supplemental program , CenturyLink would like to apply for funds and has a proposed project for Johnston County that would serve 505 addresses near the Benson area Mr Kelly stated the total project cost is 916,334 He stated the grant would cover 70 of the project in the amount of 641,434 leaving a remaining match in the amount of 274,900 Mr Kelly requested the Board to consider writing a letter in support of the project He further requested the Board to consider providing 10 of the matching funds in the amount of 27,490 Mr Kelly stated the project would be constructed in 2021 and 2022 and the County could contribute the funds at the end of the project Mr Kelly stated if the County chooses to partner with CenturyLink on the project , the grant application would score additional points Upon questions by Commissioners Chad M Stewart and Tony Braswell , Mr Kelly stated some of the homes in the proposed project area do have service ; however , with the increasing demands for virtual learning and people working from home , the service needs upgrading He stated they would not be competing with another company , as they are currently the only provider in that area Mr Kelly stated it is possible that other providers could apply for other areas in the County Commissioner Braswell commented that he thinks the project is a good idea ; however , he would like to see a countywide solution for broadband access Commissioner Braswell stated coverage is needed for all citizens throughout the County and he hopes that CenturyLink as well as other providers will work with the Board to find solutions for all of Johnston County Mr Kelly acknowledged that there are other areas they would like to look at and they are happy to work with anyone on solving accessibility issues Mr Kelly spoke on the complexities and challenges associated with providing service in all areas Benson Mayor Jerry Medlin addressed the Board and spoke in support of the proposal by CenturyLink Mayor Medlin stated there is a need for the project and the Town will do whatever they can to move it forward He encouraged the County to support the proposal At the inquiry of Commissioner Patrick E Harris , County Manager Rick Hester reported that approximately 1,800 people have responded to the broadband study currently being conducted by the State Mr Hester stated he is in discussions with a consultant regarding the possibility of someone in that field of expertise assisting and advising the County on broadband initiatives Mr Hester stated he has informed Mr Kelly that while he is unsure if the Board of Commissioners would contribute any funds towards the project , he felt like the Board would consider writing a letter of support Mr Hester stated he also informed the Spectrum representative that he believed the Board would provide letters of support for other providers that seek grant funds as well Commissioner Jeffrey P Carver spoke in support of the request but stated this is a band - aid , and there needs to be a plan to cover all areas in the County Mr Kelly spoke on the number of homes in the County that do not have access to good internet service and stated it is their hopes that more funding will come from Washington in the near future PagePage pageNumber9571 October 5 , 2020 – 10 00 am Continued Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board voted to provide a letter of support to CenturyLink for the grant application and contribute 10 of the matching funds in the amount of 27,490 C E - mail Received from Citizen Ken Taylor The Chairman read the following e - mail from Citizen Ken Taylor with regards to the proposed ordinance amendments for the Animal Services Fee Schedule on the agenda Good morning Commissioners and to the others who I cannot see behind the camera Please allow me to make a couple of comments regarding the removal of the Animal Services Fee Schedule from the Animal Statute My first thought was excellent By placing the schedule in the statute the County had painted itself into a corner For example , the issue of waiving adoption fees by the Free Pets for Vets program You will recall that I have raised that issue repeatedly and Mr Hester and Ms Slusser implemented a workaround several months ago Moving the fee schedule out of the ordinance will provide flexibility in the future A good move Of course I am not one to leave any rock unturned I took a look at the schedule as it is currently shown in the ordinance Many of the items listed are truly FEES However , a number of items are shown in response to violations Are these not FINES rather than fees A fee might be defined as an amount of money paid for a particular piece of work or for a particular right or service whereas a fine is an amount of money that has to be paid as a punishment for not obeying a rule or law Both of these are from the Camgridge Dictionary on - line I am sure Ms Slusser can explain the legal difference between these terms if my definitions are off base In my opinion , it is acceptable that those items which are in fact FEES be maintained administratively outside of the ordinance Those items which are FINES should stay within the ordinance If for example the County determines it is necessary to raise the Boarding Fee to cover increased costs at the animal shelter , that should not require a public hearing to change On the other hand , to raise the fee or fine for animal cruelty from 500 per offense to 1,000 per offense or to drop it to 100 per offense should definitely require a change in statute and a public hearing Those are my thoughts Thank you , D Citizen Comments from Dean Barbour Citizen Dean Barbour , 3346 King Mill Road , Benson , spoke on his thoughts regarding broadband service in his area of the County Mr Barbour stated he currently has CenturyLink ; however , the service is not very good Mr Barbour stated there is a subdivision near his home and Spectrum provides service to that subdivision , but they informed him that to run the service to his home it would require five more homes to sign on at 7,500 per home Mr Barbour spoke on the students doing remote learning and the need for better service across the County He stated having poor internet service is just as bad as having no service 6 Public Hearing – Code of Ordinance Amendment – Animal Services Fee Schedule Advertised – The News & Observer Friday Zone Edition – September 25 and October 2 , 2020 ; The Johnstonian News and The News in Review – September 23 and 30 , 2020 The Chairman opened the public hearing County Attorney Jennifer Slusser stated the purpose of the hearing is to receive public comment on a proposed amendment to Chapter 4 – Animals , specifically Section 4 - 21 Animal Services Fee Schedule , of the Johnston County Code of Ordinances Ms Slusser stated staff respectfully requests the Board to amend the Code of Ordinances , Chapter 4 , Animals by removing the fee schedule from the ordinance and adopting it as part of the Johnston County Fee Schedules , which are kept on file in the Clerk to the Board’s Office She stated the request is consistent with the manner in which fee schedules are maintained in other Johnston County departments and allows for flexibility when changes are necessary Ms Slusser continued that as part of the amendment of the ordinance and adoption of the fee schedule , staff is requesting a change in the adoption fee from 65 includes 50 deposit for spay neuter to 125 includes 100 deposit or voucher to encourage participation in the spay neuter program She stated staff is also requesting a multiple offender reclaim fee in the amount of 50 to discourage repeat violations of the ordinance Ms Slusser offered to answer any questions Ms Slusser also referenced the e - mail received from Mr Ken Taylor previously read by the Chairman during Public Comment Page0572 October 5 , 2020 – 10 00 am Continued Commissioner Jeffrey P Carver stated the goal is always for the animals to be spayed or neutered so more animals do not come back to the shelter Commissioner Carver also spoke on the importance of working with the rescue groups in an effort to have a no - kill shelter He stated these two issues are statewide concerns and he encouraged working with other areas on a more regional effort Ms Slusser stated Johnston County has an excellent relationship with the rescue partners and the staff works very hard to get animals adopted She stated staff believes that the fee changes will help to promote spaying and neutering There being no further public comments , the Chairman closed the public hearing Commissioner Chad M Stewart moved the Board approve the ordinance amendment as requested to remove the fee schedule and adopt it as part of the Johnston County Fee Schedules which are kept on file with the Clerk to the Board ; change the adoption fee from 65 includes 50 deposit for spay neuter to 125 includes 100 deposit or voucher ; and implement a multiple offender reclaim fee in the amount of 50 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Page1573 October 5 , 2020 – 10 00 am Continued 7 Sheriff’s Office – Request to Surplus Vehicles and Approve Public Sale Sheriff Steve Bizzell requested the Board to declare the following vehicles surplus and approve for them to be sold at public auction by Randy Wester Auction Company of Benson , NC Sheriff Bizzell stated the proposed date of sale is Saturday , November 7 , 2020 at 10 00 am at the Johnston County Sheriff’s Fleet Services building located at 60 Shelter Way in Smithfield Year Make Model VIN Mileage 1 2010 FORD CROWN VIC 2FABP7BV1AX138712 151,486 2 2010 FORD CROWN VIC 2FABP7BV2AX138704 145,834 3 2011 FORD CROWN VIC 2FABP7BV2BX161725 139,618 4 2011 FORD CROWN VIC 2FABP7BV9BX138359 138,606 5 2008 CHEVROLET TAHOE 1GNFK13058J128415 180,529 6 2013 NISSAN ALTIMA 1N4BL3AP1DN455158 119,665 7 2014 DODGE CHARGER 2C3CDXAT4EH362312 134,815 8 2014 DODGE CHARGER 2C3CDXAT4EH366876 139,805 9 2014 DODGE CHARGER 2C3CDXAT8EH366878 154,100 10 2014 DODGE CHARGER 2C3CDXAT3EH362317 153,630 11 2014 DODGE CHARGER 2C3CDXATXEH362315 120,655 12 2014 DODGE CHARGER 2C3CDXAT8EH358585 150,789 13 2014 DODGE CHARGER 2C3CDXAT1EH145834 134,910 14 2014 DODGE CHARGER 2C3CDXAT0EH366874 145,468 15 2014 DODGE CHARGER 2C3CDXAT6EH366877 140,380 16 2015 DODGE CHARGER 2C3CDXAT5FH876770 146,231 17 2015 DODGE CHARGER 2C3CDXAT0FH880807 146,032 18 2015 DODGE CHARGER 2C3CDXAT1FH876765 144,504 19 2015 DODGE CHARGER 2C3CDXAT1FH880802 139,933 NOTE Vehicles # 5 and # 6 were purchased with federal asset forfeiture funds drug money Federal guidelines require that the proceeds from the sale of these vehicle be credited back to the appropriate revenue line item in the Sheriff’s Office budget , for federal auditing purposes Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Jeffrey P Carver , and carried unanimously , the Board declared the above listed vehicles surplus and approved for them to be sold at public auction by Randy Wester Auction Company of Benson , NC on Saturday , November 7 , 2020 at 10 00 am at the Johnston County Sheriff’s Fleet Services building located at 60 Shelter Way in Smithfield 8 Emergency Services – Request to Surplus Vehicles Emergency Services Director Kevin Hubbard requested the Board to declare the following vehicles surplus Mr Hubbard stated if approved , all the vehicles with the exception of # 4 and # 6 would be sold at the upcoming public auction to be held by the Sheriff Mr Hubbard stated for # 4 staff requests the Board to adopt a resolution donating this unit to Johnston Community College to be used in the Emergency Medical Services EMS Education Program Mr Hubbard stated this unit would be used to train EMS students in the driving portion of the program which benefits the County’s EMS division through the hiring of trained personnel Mr Hubbard stated # 6 was a Four Oaks EMS unit that was purchased by Four Oaks EMS He stated the title needs to be transferred back to Four Oaks EMS so they can surplus the vehicle Mr Hubbard stated staff requests the Board to adopt a resolution in order to transfer back to Four Oaks EMS 1 Fleet # 135 - Inherited from Selma EMS in July 2017 VIN 1FDXE4S0CDA11797 2012 Ford E450 with a V10 gasoline engine Mileage 109,110 2 Fleet # 136 - Inherited from Selma EMS in July 2017 VIN 1FDXE4FS2DDA22382 2013 Ford E450 with a V10 gasoline engine Mileage 76,552 3 Fleet # 137 - Inherited from Selma EMS in July 2017 VIN 1FDXE4F57BDA01959 2011 Ford E450 with a V10 gasoline engine Mileage 111,234 4 Fleet # 124 - Inherited from Princeton EMS in August 2012 VIN 1FDXE45P66DA19422 2006 Ford E450 with a 60 diesel engine Mileage 72,408Page2574 October 5 , 2020 – 10 00 am Continued 5 Fleet # 202 VIN 1FMZU72K64ZB27447 2002 Ford Explorer Mileage 181,200 6 Fleet 134 - Four Oaks EMS Ambulance VIN 1FDXE45PX9DA74301 2009 Ford E450 with a 60 diesel engine Mileage 143,514 Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board declared Vehicles # 1 , # 2 , # 3 , and # 5 surplus and approved for them to be sold at the next upcoming public auction on November 7 , 2020 by the Sheriff ; and further adopted the following two resolutions for Vehicles # 4 and # 6 Resolution Approving Conveyance of Personal Property to A Nonprofit Organization Pursuant to GS 160A - 280 WHEREAS , the County of Johnston “ County ” owns a 2006 Ford E450 Ambulance , VIN # 1FDXE45P66DA19422 , Fleet # 124 which was utilized by the County for the provision of emergency medical services within Johnston County ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to a nonprofit corporation if the governing board deems the property to be surplus , obsolete , or unused ; and WHEREAS , the County of Johnston has determined that the personal property described above is surplus , obsolete , or unused ; and WHEREAS , the County of Johnston finds that the public will benefit from the conveyance of the property described above by assisting the nonprofit with training in the driving portion of their Emergency Medical Services Program THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS RESOLVES THAT 1 The manager and or finance officer of Johnston County is authorized to execute all documents necessary to convey title to a 2006 Ford E450 Ambulance , VIN # 1FDXE45P66DA19422 , Fleet # 124 to Johnston Community College 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by assisting Johnston Community College with training in the driving portion of their Emergency Medical Services Program 3 In accordance with the notice requirements of NCGS § 160A - 280 , public notice of this resolution was given by posting on the county’s website on September 25 , 2020 th Adopted this the 5 day of October , 2020 Resolution Approving Conveyance of Personal Property to A Nonprofit Organization Pursuant to GS 160A - 280 WHEREAS , the County of Johnston “ County ” owns a 2009 Ford E450 Ambulance , VIN # 1FDXE45PX9DA74301 , Fleet # 134 which was utilized by Four Oaks Rescue Squad , Inc for the provision of emergency medical services within Johnston County ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to a nonprofit corporation if the governing board deems the property to be surplus , obsolete , or unused ; and WHEREAS , the County of Johnston has determined that the personal property described above is surplus , obsolete , or unused ; and WHEREAS , the County of Johnston finds that the public will benefit from the conveyance of the property described above by assisting the nonprofit with the replacement of equipment necessary to provide emergency services to Johnston County citizens THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS RESOLVES THAT 1 The manager and or finance officer of Johnston County is authorized to execute all documents necessary to convey title to a 2009 Ford E450 Ambulance , VIN # 1FDXE45PX9DA74301 , Fleet # 134 to Four Oaks Rescue Squad , Inc 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by assisting Four Oaks Rescue Squad , Inc with the replacement of equipment necessary to provide emergency services to Johnston County Page3575 October 5 , 2020 – 10 00 am Continued 3 In accordance with the notice requirements of NCGS § 160A - 280 , public notice of this resolution was given by posting on the county’s website on September 25 , 2020 th Adopted this the 5 day of October , 2020 9 Archer Lodge Fire Department and Thanksgiving Fire Department – Proposed Merger Archer Lodge Fire Chief Phillip Driver and Thanksgiving Fire Chief Paul Zais addressed the Board to provide information concerning a proposed merger of their departments Chief Driver stated the two departments began having conversations about a merger some time ago and felt it was a proposal worth exploring due to the considerable growth of their areas and the fact that the two departments were already training together and working as one department with no issues Chief Driver stated they held a joint meeting of their Boards who also favored the idea Chief Driver stated they would like to have the support of the Board of Commissioners before proceeding further with a merger He stated they believe it will improve service to the citizens , increase the efficiency of resources , improve response times , improve training , and offer a larger team to respond Chief Driver acknowledged that in a merger , the individual identities of the two departments can sometimes be lost ; however , he stated they have a plan to maintain their original individual identities for their communities as much as possible He stated in their opinion , the benefits of merging outweigh any risks and when someone needs their services , those people do not care about whose name is on the trucks Chief Driver stated the goal of the merger is to build an organization to better serve the communities with well - trained professionals that have many years of experience He submitted the following information and proposed organizational chart to the Board Page4576 October 5 , 2020 – 10 00 am ContinuedPage5577 October 5 , 2020 – 10 00 am ContinuedPage6578 October 5 , 2020 – 10 00 am Continued Chief Driver stated both departments held public hearings in their districts regarding the proposal with no objections and they can merge the two departments without a tax increase Commissioner Chad M Stewart asked how the merger would affect the two districts respective ISO ratings Chief Driver responded that the Archer Lodge District currently has a 3 ISO rating while the Thanksgiving District is a 4 He stated those ratings would remain the same for a year until such time as the Department of Insurance can complete a reinspection of the newly merged district He stated once the reinspection is completed , the Department of Insurance would assign a new rating to the merged district Chief Driver stated the goal is for the new district to be a 3 or better In response to questions from Commissioner Tony Braswell , Chief Driver stated one of the main differences the citizens would see is there would be staff at both stations 24 hours a day ; whereas , currently Thanksgiving cannot offer that service At the request of Commissioner Braswell , Johnston County Fire Marshal Adam Stanley stated staff has had many conversations with the two fire departments and they have provided the County with all the information requested Mr Stanley stated the Board of Commissioners would be responsible for approving the new map of the merged district , which would basically involve removing the line in between the two districts Commissioner Patrick E Harris stated that having experience in this field , he has reviewed the proposal and does not see a downside Commissioner Harris stated they are taking two sets of resources and strengthening their service to the people Commissioner Harris stated there would be an increase of services in one area , but no decrease in either district Upon a question by Commissioner Stewart , County Attorney Jennifer Slusser stated the Board’s responsibility involves the service district and choosing a contractor to provide service She noted that changing the service district to remove the dividing line would involve a public hearing At the inquiry of Commissioner Jeffrey P Carver , Chief Driver stated the current tax rate for both districts is 9 cents Chief Driver explained how mutual aid would work after the merge Commissioner Carver stated he had many questions involving the tax rate and if it could be lowered as well as how staffing would look after the merge Commissioner Carver stated for him when there is a merger of services , he would like to see the economy of scale Commissioner Carver commented that the merger should be about controlling rather than growing expenses Chief Driver stated they would like to know if the Board supports the merger because if the support is not there , then there is no need for them to go any further in the process Commissioner Butch Lawter stated what he is hearing today seems logical that the merger would lead to better services for the citizens in those districts Commissioner Lawter stated he also agrees with Commissioner Carver that at some point there may be some efficiencies that could lead to tax savings Commissioner Lawter stated considering the information today , he can support the two fire departments continuing with the merger process at this time Chairman Ted G Godwin stated based on what he is hearing , he thinks the economy of scale could be realized ; however , it could be used up by adding more paid staff but noted that also increases the availability of the service Commissioner Harris stated there would be an increase in service but not an increase in tax , and the value to the homeowner would be the increase in services Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to support the Archer Lodge and Thanksgiving Fire Departments moving forwarding with the merger process 10 Social Services – Purchase of New Software Program Social Services Director Scott Sabatino stated the Department of Social Services is requesting approval to purchase a new case management software program called Northwoods Traverse which is specificallyPage7579 October 5 , 2020 – 10 00 am Continued designed for Social Services Mr Sabatino stated the software would assist social workers in their investigations He explained that currently , social workers spend 40 of their time with fieldwork and 60 on case management ; however , with this system they hope to reverse that and spend more time in the field He stated more time in the field gives the social workers more time to investigate claims which are coming in on a regular basis Mr Sabatino reported the total cost to implement the new software is 345,000 initially and 154,000 a year for the annual subscription Mr Sabatino stated the purchase is eligible for partial reimbursement at approximately 60 by the State Mr Sabatino stated the Johnston County Department of Social Services Board supports the purchase and the funds for the purchase were budgeted Mr Sabatino reported the State currently does not have a case management software ; however , he is hearing that they may consider Northwoods in the future and if that happens , the reimbursement could be eliminated The purchase would be subject to contractual review and approval by the County Attorney and Director of Technology Services Commissioner Tony Braswell commented that this software has been in discussion for a few months and the DSS Board recommends it for approval Commissioner Braswell stated if the software will provide a better service to the employees as well as the citizens , then he thinks it should move forward At the inquiry of Commissioner Chad M Stewart , Director of Technology Services Jeff Howard stated Northwoods Traverse is a totally separate software from G - Suite and it would not interfere with that project Commissioner Braswell asked if the software would help with teleworking capabilities and Mr Sabatino responded it would help them work virtually as well as allow them to become paperless Upon a question by Chairman Ted G Godwin , Mr Sabatino stated Northwoods will provide eight to twelve weeks of training and other counties have spoken very highly of it Commissioner Tony Braswell moved the Board approve the purchase by DSS of the Northwoods Traverse case management software , subject to contractual review and approval by the County Attorney and Director of Technology Services Commissioner Chad M Stewart seconded the motion which carried by unanimous vote 11 Solid Waste Services – Request to Purchase New Roll - Off Truck Solid Waste Services Director Rick Proctor stated staff requests approval to purchase a new 2021 Mack Granite 64FR tandem axel roll - off truck from TranSource of Raleigh through North Carolina State Contract # 070E Mr Proctor stated the total cost of the truck is 165,068 and would be used by Solid Waste Services for the convenience sites He noted funding for the equipment was allocated in the Fiscal Year 2020 - 2021 budget Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Butch Lawter , and carried unanimously , the Board voted to approve the purchase of a new 2021 Mack Granite 64FR tandem axel roll - off truck from TranSource of Raleigh through North Carolina State Contract # 070E at a cost of 165,06800 12 Solid Waste Services – Request to Purchase New Crawler Dozer Solid Waste Services Director Rick Proctor stated staff requests approval to purchase a new John Deere 850L Crawler Dozer from James River Equipment of Garner through Sourcewell Contract # 032119 - JDC Mr Proctor stated the total cost of the equipment is 364,25876 and would be used by Solid Waste Services at the landfill Mr Proctor reported funding for the equipment was allocated in the Fiscal Year 2020 - 2021 budget Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board voted to approve the purchase of a new John Deere 850L Crawler Dozer from James River Equipment of Garner through Sourcewell Contract # 032119 - JDC at a cost of 364,25876 13 Public Utilities – White Memorial Church Road Water Main Improvements Utilities Director Chandra Farmer , PE , reported that in order to meet growing demands , the County’s Capital Improvements Plan includes approximately 17,000 LF of 16 ” water main improvements along White Memorial Church Road from NC 210 to Jackson King Road She stated to proceed with the proposed project design , a capital project budget is necessary and staff recommends the budget to include technical design services and potential easement acquisitions only Ms Farmer presented the following proposed project budget Page8580 October 5 , 2020 – 10 00 am Continued Technical Design Services 275,00000 Easements 50,00000 Total 325,00000 She stated funding for the project would be from the Water District System Development Fee Capital Reserve account and staff respectfully requests the Board’s approval of the proposed project budget and adoption of the associated budget revision Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board approved the project budget as requested by staff and approved the following budget revision REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 82 85595599 Easements 50,00000 82 85590406 Technical Services 275,00000 TOTAL NET EXPENDITURES 325,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 82 855936270 Transfer from SDF Reserve Fund for Capital 325,00000 Project Costs TOTAL NET REVENUE 325,00000 14 Public Utilities – East Clayton Industrial Area Transmission Improvements EDA Project Utilities Director Chandra Farmer , PE , explained the County has worked with the Town of Clayton to apply for an EDA Economic Development Administration grant for resiliency and redundancy for facilities to serve the East Clayton Industrial Area ECIA She stated The County’s portion of the project consists of a 16 ” force main along US 70 BUS from the existing ECIA wastewater pump station to the US 70 BUS US 70 interchange The Town’s portion of the project includes improvements to the ECIA wastewater pump station and a 24 ” force main to their Neuse River 2 wastewater pump station The combined project costs are approximately 107 million , and the County’s proposed improvements are estimated to cost 153 million Ms Farmer stated the Town of Clayton will be the lead grant recipient and will design , construct and administer the construction contract for the improvements to their system She stated the County will design , construct and administer the construction contract for the improvements to the County’s system Ms Farmer reported that EDA requires an interlocal agreement The proposed “ Interlocal Agreement ” between the Town of Clayton and Johnston County outlines the responsibilities of each entity and specified how the grant will be apportioned She presented the following proposed project budget for the County’s portion of the project Expenses Technical Design Services 227,10000 Legal Administration 52,00000 Construction 1,137,50000 Contingency 114,40000 Total 1,531,00000 Revenues Economic Development Administration 840,45400 Fund 68 Fund Balance 690,54600 Total 1,531,00000 Ms Farmer stated staff respectfully requests the Board’s approval of the proposed interlocal agreement , subject to final contractual review by the County Attorney and County Manager , project budget and capital project ordinance Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board voted to approve the interlocal agreement , subject to final contractual review byPage9581 October 5 , 2020 – 10 00 am Continued the County Attorney and County Manager , approve the project budget and adopt the associated capital project ordinance as follows INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT , entered into this the ____ day of ____________________ , 2020 , by and between the Town of Clayton , North Carolina , a municipal corporation , organized and existing under the laws of the State of North Carolina hereafter “ Town ” and Johnston County , a body politic organized and existing under the laws of the State of North Carolina hereafter “ County ” The Town and County are collectively the “ Parties ” WITNESSETH WHEREAS , under Article 20 of Chapter 160A of the North Carolina General Statutes , as amended the “ Interlocal Act ” , municipalities and counties are authorized to enter into interlocal cooperation undertakings with other local governments for the joint exercise of any power , function , public enterprise , right , privilege , or immunity of local governments in North Carolina ; and WHEREAS , the East Clayton Industrial Area the “ ECIA ” is served by sewer transmission mains that are owned , operated and maintained by the Town and County ; and WHEREAS , certain of the sewer transmission mains serving the ECIA must be improved to provide capacity , resiliency and redundancy to industries in the ECIA the “ ECIA Infrastructure Project ” ; and WHEREAS , the United States Economic Development Administration the “ EDA ” has awarded a 6,000,000 grant to the Town and County , co - recipients , to assist in the financing of the ECIA Infrastructure Project , US Department of Commerce award no 04 - 79 - 07480 the “ EDA Grant ” ; and WHEREAS , the Town and County desire to set out the terms of the administration of the EDA Grant NOW THEREFORE , in consideration of the mutual representations , covenants , benefits to be derived , and agreements contained herein , the Town and County agree as follows ARTICLE I GENERAL PROVISIONS Section 11 Purpose of the Interlocal Agreement The Town has agreed to be the Lead Recipient under the EDA Grant for the purpose of facilitating the administration of the award The County , as co - recipient , has agreed with and consented to the Town’s designation as Lead Recipient This Interlocal Agreement is being entered into to set forth the terms by which the Town and County will administer the EDA Grant as co - recipients Section 12 Duration of the Interlocal Agreement This Interlocal Agreement shall be in effect upon execution by all parties and shall remain in effect until the EDA Grant funds have been received and disbursed and the EDA Grant is closed out Section 13 Relationship to Other Documents The EDA Grant is governed by certain EDA documents , including but not limited to the grant award and special award conditions the “ EDA Documentation ” This Interlocal Agreement is intended to be interpreted consistently with the EDA Documentation and other documents and agreements referred to in the EDA Documentation Terms used in this Interlocal Agreement without other definition shall have the meaning provided in the EDA Documentation , unless other meaning is plainly intended Section 14 The EDA Grant Award The Preliminary Engineering Report project cost estimate , attached hereto as Exhibit A , reflects 10,722,780 as a total cost of the ECIA Infrastructure Project The total cost is divided as follows 9,220,780 for the Town portion and 1,502,000 for the County portion Based on a 5596 EDA grant participation , 5,159,54631 of the EDA grant will be used toward eligible Town costs and 840,45369 toward eligible County costs In the event of cost underruns or overruns , the amount of EDA grant received by either the Town or County may be increased or decreased subject to mutual agreement by the Town and County The Town and County will provide i the EDA required local matching funds of 4,061,32269 for the Town and 661,54631 for the County , and ii additional funds for any cost overruns on their portion of the ECIA Infrastructure Project ARTICLE II TOWN OBLIGATIONS Section 21 The Town shall be responsible for the construction of sewer force main and pump station upgrades consisting of 27,800 LF - 16 ” sewer force main , including a tie into the expanded ECIA pump station and futurePage0582 October 5 , 2020 –