November 2, 2020 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 616 Meeting of the Johnston County Board of Commissioners November 2 , 2020 10 00 am The Johnston County Board of Commissioners met in regular session Monday , November 2 , 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 , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 10 00 am Commissioner Butch Lawter opened the meeting with a prayer Commissioner Jeffrey P Carver led everyone in the Pledge of Allegiance to the American Flag 1 Presentation of Plaque – Commissioner Jeffrey P Carver Chairman Ted G Godwin stated today is Commissioner Jeffrey P Carver’s last meeting as he did not seek reelection this time Chairman Godwin stated Commissioner Carver has been a mentor to him and he presented a plaque of appreciation to him with the following inscription WITH SINCERE GRATITUDE AND APPRECIATION FOR DEDICATED SERVICE JOHNSTON COUNTY COMMISSIONER 2003 – 2020 Jeffrey P Carver AND IN RECOGNITION OF DEVOTED LEADERSHIP AS CHAIRMAN DECEMBER 2012 – DECEMBER 2014 AND DECEMBER 2016 – DECEMBER 2018 The audience applauded Commissioner Carver for his service Commissioner Tony Braswell stated he has served 14 years with Commissioner Carver and he would like to thank him for the hard work he has shown throughout all these years Commissioner Braswell stated it is an honor to call Commissioner Carver his friend Commissioner Chad M Stewart stated after his father passed away , Commissioner Carver was instrumental in his appointment to the Board of Commissioners Commissioner Stewart stated more importantly , he and Commissioner Carver have been friends more than colleagues and that relationship will continue Page617 November 2 , 2020 – 10 00 am Continued Commissioner Patrick E Harris stated being relatively new on the Board and completing his second year of service , it has been an honor and privilege to serve with Commissioner Carver Commissioner Harris stated Commissioner Carver brings a wealth of knowledge and information to the table and he will be missed Commissioner Butch Lawter also stated as a newer Commissioner , the thing he has learned the most from Commissioner Carver is to have a better respect for the office and for the people the Board serves Commissioner Lawter stated in everything Commissioner Carver does , he looks out for the citizens of Johnston County first County Manager Rick Hester stated Johnston County is a better place because of Commissioner Carver’s service and he is a better manager having been able to work with him Mr Hester stated the County has had seven bond rating increases since 2000 he has no doubt that the County will obtain the AAA rating soon Mr Hester stated when that happens , he would like Commissioner Carver to come back and celebrate that accomplishment because he was instrumental in making it a reality 2 Approval Discussion of Agenda Chairman Ted G Godwin reported the Greater Cleveland Community Council has requested to withdraw their request for a temporary closure of Cleveland School Road from the agenda Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Butch Lawter , and carried by unanimous vote , the Board approved the agenda as amended to delete Item 6 – Greater Cleveland Community Council Request for Temporary Closure of Cleveland School Road 3 Consent Agenda Items Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – October 5 , 2020 10 00 am and 6 00 pm ; October 15 , 2020 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 Cross Creek Lane SR 3368 Ext , Cedar Falls Way , Warriors Way , Plateau Circle , and Deep Clay Circle – Millstone Ridge Subdivision – Pleasant Grove Township C Proclamation for National Farm City Week – November 20 - 26 , 2020 adopted as follows NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 20 - 26 , 2020 WHEREAS , agriculture has always been a cornerstone of Johnston County’s way of life , we acknowledge that dedicated farmers improve our wellbeing by working to ensure a healthy and abundant agriculture supply To succeed in this important enterprise , our farmers rely on essential partnerships with non - rural communities to supply , sell , and deliver finished products across the country and around the world During National Farm - City Week , we recognize the importance of this cooperative network to the success of the agriculture industry ; and WHEREAS , farming was America’s first industry and continues today to provide us with many of the necessities of life such as food , clothing , and fuel for our energy needs Agriculture employs a substantial number of workers in Johnston County including farmers , shippers , processors , marketers , retailers , truck drivers , inspectors , and others who annually contribute more than 38 billion in value - added income in Johnston County ; and WHEREAS , we welcome new opportunities for trade , hard work , and successful cooperation between farmers and city workers to continue to play a vital role in our country’s success and be a critical resource for countless people here and around the nation ; and WHEREAS , Farm - City collaborations help maintain and improve our nation’s food and fiber supply and contribute to a better quality of life for countless citizens We commend the many Johnstonians whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all ; and WHEREAS , we gather with family and friends around the Thanksgiving table , it is fitting that we count among our blessings the vital farm - city partnerships that have done so much to improve the quality of our lives Rural and non - rural communities working together have made the most of our rich agricultural resources , and they continue to contribute to the health and well - being of our people and to the strength of our economy Page618 November 2 , 2020 – 10 00 am Continued NOW , THEREFORE , we the Commissioners of Johnston County do hereby proclaim November 20 - 26 , 2020 , 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 2nd day of November , 2020 D Town of Pine Level – Appointment to Pine Level Planning Board Per the request of the Town of Pine Level , the Board appointed the following individual to the Pine Level Planning Board representing the ETJ area of the Town Tonia Hill , 368 East Gordon Road , Selma term expiring 10 - 31 - 2023 E Adoption of Proposed Fraud and Reporting Policy The Board adopted the following Fraud and Reporting Policy Fraud and Reporting Policy Purpose Johnston County is committed to the highest standards of moral and ethical behavior by its employees , administrators , and elected officials The purpose of this policy is to prohibit dishonest acts and or fraudulent activity and to advise employees , administrators , and elected officials of their responsibility to report suspected fraudulent activity In addition , this policy assigns responsibility for the development of adequate internal controls and performance of investigations relating to fraud Scope of Policy The policy applies to any fraud , or suspected fraud , involving employees , administrators , and elected officials , as well as consultants , vendors , contractors , outside agencies , and or any other parties having a business relationship with Johnston County This policy also applies to employees of local boards , agencies and commissions over which the Johnston County Board of Commissioners has authority to require general policies to be followed Policy Johnston County Administration and all levels of management are responsible for the prevention and detection of fraud , misappropriations , and other inappropriate conduct Fraud is defined , in this policy , as 1 a willful or deliberate act , or failure to act , with the intention of obtaining an unauthorized benefit ; 2 an intentional deception put forth for the purpose of obtaining an unauthorized benefit ; and or , 3 a breach of confidence , perpetrated for profit and or to gain some unfair or dishonest advantage Actions Constituting Fraud ? Any purposely dishonest act ; ? Forgery or alteration of a check , bank draft , or any other financial document or account ; ? Misappropriation of funds , securities , supplies , or other assets ; ? Impropriety in the handling or reporting of money or financial transactions ; ? Accepting or seeking anything of material value from vendors , contractors , or other persons providing services materials to the County ; ? Using County funds to make unauthorized purchases ; ? Authorizing or receiving compensation for hours not worked ; ? Any similar or related inappropriate conduct Duties and Responsibilities Employees , supervisors , department heads and administrators at all levels are responsible for setting the appropriate tone of tolerance for fraudulent acts by complying with all laws , rules , regulations and policies Department heads , supervisors , and elected officials should be aware of the types of fraud that could occur within their area of responsibility and should be alert for any indication of fraud Department heads , supervisors ,Page619 November 2 , 2020 – 10 00 am Continued and elected officials are responsible for establishing and maintaining proper internal controls that will provide for the security and accountability of the resources entrusted to them Any fraud that is detected or suspected should be reported immediately to the Johnston County Internal Audit Department , which along with other applicable departments and or law enforcement agencies , as deemed necessary or appropriate , will conduct an objective and impartial investigation into the suspected fraudulent activity Employees and or management found to have knowledge of fraudulent activity and who knowingly failed to report the activity will be subject to disciplinary action , up to and including termination of employment To the extent permitted by law , the Johnston County Internal Audit Department will treat all information as confidential including the identity of persons coming forward to file reports , so long as they choose to be anonymous when reporting fraud If a caller identifies his - or herself , his or her identity could become public record Reporting Procedures A person suspecting fraud should promptly report the occurrence to the Johnston County Internal Audit Department either directly or through the Fraud Hotline Reports of suspected fraud should be as specific as possible ; a fraud form should be attached to assist in completing the report All reports will be promptly investigated and the appropriate action will be taken based upon the investigation Methods to report fraud include the following ; ? By Mail Johnston County Government Internal Audit Department PO Box 1049 Smithfield , NC 27577 ? By form on wwwjohnstonnccom ? By email FraudHotline @ johnstonnccom ? By Interoffice mail For employees , addressed to Internal Audit Department ? By telephone 919 XXX - XXXX Any individual found to have engaged in fraudulent activity as defined by this policy is subject to disciplinary action by Johnston County Disciplinary action may include dismissal , prosecution by appropriate law enforcement authorities or any other civil remedies allowed by law Other Inappropriate Conduct Inappropriate conduct by an employee which does not constitute fraud shall be reported to and addressed by management and Human Resources rather than the Internal Audit Department If there is a question as to whether an action constitutes fraud , contact the Internal Audit Department by way of the methods described above Whistleblower and Retaliation Retaliation against an individual , who made a complaint in good faith or participated in an investigation , is strictly prohibited , regardless of the outcome of the investigation Johnston County will not retaliate against a whistleblower Johnston County will not discharge , demote , suspend , threaten , harass , or in any manner discriminate against any employee based on any lawful actions of such employee with respect to good faith reporting of complaints Please note that it shall be a violation of this policy for any informant to make a baseless allegation of fraudulent activity that is made with reckless disregard for truth and that is intended to be disruptive or to cause harm to another individual Any violation of this section will result in disciplinary action , which may include dismissal Investigative Procedures The Internal Audit Department has the primary responsibility for investigating the reported fraudulent activity ; however , the Internal Audit Department may contact other individuals as deemed appropriate to establish a team to investigate the suspected fraudulent activity Members of the investigative team will have 1 Free and unrestricted access to all County records and premises , whether owned or rented , as permitted by law ; andPagePage pageNumber5620 November 2 , 2020 – 10 00 am Continued 2 The authority to examine , copy , and or remove all or any portion of the contents of files , desks , cabinets , and other storage facilities on the premises without prior knowledge or consent of any individual who may use or have custody of any such items or facilities when it is within the scope of their investigation In the instances where the investigation indicates possible criminal activity , the investigation will be turned over to the appropriate law enforcement agency The results of confirmed fraudulent activity will be communicated in writing to the County Manager and the Board of Commissioners , the audit firm engaged to perform Johnston County’s annual audit , and or other appropriate designated personnel Confidentiality All participants in a fraud investigation shall keep the details and results of the investigation confidential to the extent allowed by law In order to protect the reputations of persons suspected of fraudulent activity but subsequently found innocent of wrongdoing , and to protect the County from potential civil liability , except as required by law , investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know Media Issues Any person contacted by the Internal Audit Department with respect to an investigation into fraudulent activity shall refer the media to the County Manager , County Attorney or County Public Information Officers PIO The suspected fraud or audit investigation shall not be discussed with media by any person other than the County Manager , County Attorney or County PIO Sanctions Employees and Administration Employees , including management , suspected of participating in fraudulent activity may be suspended with or without pay during the course of the investigation , in accordance with Johnston County’s Personnel Policy Employees , including management , found to have participated in fraudulent activity will be subject to disciplinary action up to and including termination of employment , criminal prosecution , and or civil action Employees , including management , found to have knowledge of fraudulent activity and who knowingly failed to report the activity will be subject to disciplinary action up to and including termination of employment If disciplinary action is warranted , such action will be taken after consultation among the County Manager , the Human Resource Director , the County Attorney , and other offices deemed necessary and appropriate Consultants , Vendors , and Outside Parties The relationship of individuals or entities associated with the County of Johnston found to have participated in fraudulent activity as defined by this policy will be subject to review , with the possible consequence of modification or termination of the relationship If such action is warranted , the County Manager , the County Attorney , and other appropriate parties will be consulted prior to the action being taken Criminal and or civil action may be taken against such individuals or entities Conclusion The County of Johnston has in place a clear network of systems and procedures to prevent and detect fraud and corruption These policies should keep pace with any future developments in techniques for preventing and detecting fraudulent activity F HAPP – Approval of Annual Plan The Board approved the Fiscal Year 2020 - 2021 Streamlined Annual Plan as listed in the agenda packet G Tax Releases & Refunds – 09 16 2020 – 10 15 2020PagePage pageNumber6621 November 2 , 2020 – 10 00 am Continued Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2019 2009 - 649077 1909 - 671639 Mt Zion United Methodist Ch Overpayment 11558 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 16 2020 4 19 51 PM ALassiter 2020 - 115509 2000085516 WELLS FARGO FINANCIAL 10197 LEASING INC 9 16 2020 4 50 07 PM ALassiter 2020 - 110752 2000085516 WELLS FARGO FINANCIAL 12823 LEASING INC 9 16 2020 10 20 56 PM ALassiter 2020 - 113307 2000212495 AGENTS HELP INC 62957 9 17 2020 1 21 45 PM ALassiter 2020 - 90140 2000189932 SPEEDWAY LLC 48328 9 17 2020 1 28 47 PM ALassiter 2020 - 108554 2000189932 SPEEDWAY LLC 32361 9 17 2020 1 32 47 PM ALassiter 2020 - 90139 2000189932 SPEEDWAY LLC 58503 9 17 2020 1 34 30 PM ALassiter 2020 - 90135 2000189932 SPEEDWAY LLC 29665 9 17 2020 1 37 25 PM ALassiter 2020 - 90134 2000189932 SPEEDWAY LLC 14978 9 17 2020 4 36 56 PM ALassiter 2020 - 90132 2000189932 SPEEDWAY LLC 42095 9 17 2020 4 46 46 PM ALassiter 2020 - 90133 2000189932 SPEEDWAY LLC 45239 9 17 2020 4 56 48 PM ALassiter 2020 - 90136 2000189932 SPEEDWAY LLC 32323 9 17 2020 5 01 03 PM ALassiter 2020 - 90137 2000189932 SPEEDWAY LLC 32607 9 17 2020 5 02 40 PM ALassiter 2020 - 90138 2000189932 SPEEDWAY LLC 30146 9 17 2020 5 08 35 PM ALassiter 2020 - 12250 2000175482 BLANCHARD TERMINAL CO LLC 25072 9 17 2020 5 11 39 PM ALassiter 2020 - 12249 2000175481 BLANCHARD TERMINAL CO LLC 10,86098 9 17 2020 5 16 02 PM ALassiter 2020 - 68942 2000198472 MPLX TERMINALS LLC 4,79658 9 23 2020 2 53 43 PM ALassiter 2020 - 45655 2000182279 HOLT LAKE GAS & GRILL 1,43759 9 24 2020 3 36 00 PM ALassiter 2020 - 29576 974 DRESS BARN INC 81317 9 24 2020 3 45 24 PM ALassiter 2020 - 29575 2000032751 DRESS BARN INC 82827 9 28 2020 10 21 17 AM dwoodward2 2020 - 58552 2000208249 LEGACY TRACE , LLC 75,06665 9 28 2020 12 09 36 PM ALassiter 2020 - 22657 2000198294 COMPANY WRENCH LTD 1,10525 9 28 2020 3 59 32 PM dwoodward2 2020 - 85982 2000186077 SAULS , CHARLES T 13087 9 29 2020 3 09 35 PM cfutch 2019 - 85982 2000186077 SAULS , CHARLES T 18933 9 30 2020 4 08 24 PM ALassiter 2020 - 115423 2000219523 JMJ TRANSPORT LLC 70490 10 5 2020 9 15 05 AM ALassiter 2019 - 45655 2000182279 HOLT LAKE GAS & GRILL 1,43759 10 8 2020 9 57 03 AM ALassiter 2020 - 20422 2000150602 CHARKIM INC 13177 10 9 2020 1 44 28 PM ALassiter 2020 - 1277 915335 ADVANCE STORES CO INC 16432 10 9 2020 2 19 57 PM dwoodward2 2020 - 24693 2000141769 WHITLEY , STEVEN A 33713 10 9 2020 2 23 02 PM dwoodward2 2020 - 103736 2000062319 WHITLEY , STEVEN A 2,00727 10 12 2020 9 45 50 AM ALassiter 2020 - 109428 2000205221 UNDERWOOD , RYAN KEITH 14717 10 12 2020 9 56 21 AM ALassiter 2020 - 85009 2000056236 SAMSONITE CO STORES LLC 30737 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 16 2020 1 52 51 PM tcronan 2020 - 113619 2000220544 DOUGHERTY , AMANDA JONES 23678 9 21 2020 8 10 22 AM tcronan 2019 - 115443 2000219577 BRASWELL , LATRESS NICOLE 12168 9 22 2020 11 36 17 AM Jodee 2020 - 95442 2000198031 TAYROSE , GREGORY ABRAM 32376 Langdon 9 22 2020 12 53 00 PM jevans 2020 - 79448 2000036475 PULLEY , LINDA LOU 10000 9 22 2020 3 01 24 PM LOCKBOX 2020 - 26356 2000144861 DAVIS , ROBIN RAY 2,07609 9 23 2020 4 12 54 PM LOCKBOX 2019 - 46157 2000190226 HOWELL , EVELYN MILLER 85366 9 23 2020 4 12 54 PM LOCKBOX 2020 - 63294 2000206839 MC SQUARED PROPERTIES , 49410 LLC 9 23 2020 4 12 54 PM LOCKBOX 2020 - 109177 2000076628 ROBERTS , RONNIE C 77868 9 29 2020 3 20 11 PM cfutch 2019 - 85982 2000186077 SAULS , CHARLES T 18933 10 1 2020 4 57 41 PM LOCKBOX 2020 - 20296 2000078985 CLEVELAND ROAD 8969 LTD 1,12038 PTNRP 10 2 2020 11 00 31 AM tcronan 2019 - 115443 2000219577 BRASWELL , LATRESS NICOLE 12935PagePage pageNumber7622 November 2 , 2020 – 10 00 am Continued 10 2 2020 12 36 35 PM tcronan 2020 - 60237 2000043591 LOVIN , JERRY A 17363 10 8 2020 9 54 24 AM PHONE 2020 - 31442 2000167926 ERICKSON , ERIC 1,05742 10 8 2020 9 54 25 AM PHONE 2020 - 31442 2000167926 ERICKSON , ERIC 1,05742 10 12 2020 2 43 12 PM awestbrook 2020 - 40409 2000028957 HARDEE , BOBBY HINTON 17357 10 14 2020 12 42 28 PM ajsoutherland 2020 - 26997 2000216016 GARMAN , DAVID H JR 25154 10 15 2020 12 09 07 PM ajsoutherland 2020 - 87796 2000181059 SHIFFERT , JONATHAN K 10000 10 15 2020 3 00 29 PM LOCKBOX 2020 - 9396 2000136324 BENSON NC LP 10,75692 10 15 2020 3 00 29 PM LOCKBOX 2020 - 40393 35931960 HARDEE , BOBBY H 25053 North Carolina Vehicle Tax System - Pending Refund Report – September 2020 100 + Payee Name Bill # Transaction Refund Total Change # Reason ALLEN , THEL 0056446251 133145098 Adjustment 11856 EDWARD 1404 13260 DOAK , STEVEN 0053209694 132076828 Adjustment 10085 WAYNE 1062 11147 NASH CO TAX 0057226026 132818738 Change of 15483 OFFICE County 2037 17520 SHALP , TONYA 0056687687 266065208 Situs error 000 RENEE 10710 4134 3570 10146 ST PIERRE , 0053850061 131902356 Military 11564 ROCQUE DALE 1103 12667 WILSON , PAUL 0053898494 266065204 Situs error 000 JANSON 17089 6596 5696 16189 October 20 , 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 09 15 20 to 10 15 20 Tax refunds - Personal Real Property 57023 Tax releases - Personal Real Property 1,12105 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 4 Veterans Services Office – Proclamation for Veterans Day 2020 Veterans Services Officer Robert Boyette requested the Board to adopt the 2020 Veterans Day Proclamation Commissioner Tony Braswell moved the Board adopt the following proclamation for Veterans Day 2020 , seconded by Commissioner Larry Wood and carried unanimously PROCLAMATION VETERANS DAY - 2020 th WHEREAS , for decades America has paused on the 11 of November , the anniversary of the armistice that concluded World War I , to remember and to honor our veterans of military service in proud andPagePage pageNumber8623 November 2 , 2020 – 10 00 am Continued grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace ; and WHEREAS , the freedoms we enjoy have been purchased and maintained at a high price , as Americans have been willing , throughout our history , to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights ; and WHEREAS , Americans owe a great debt to all those who have served in defense of this nation throughout the generations ; for their sacrifices , often resulting in permanent injury or death , which have preserved our unique form of government dedicated to human rights and respect for the individual , and preserved our freedoms and promise of liberty as an example for oppressed persons of the world ; and WHEREAS , in honor of these dedicated men and women , we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 11 , 2020 , as “ Veterans ’ Day ” in Johnston County , and urge our citizens to commend its observance nd Proclaimed this the 2 day of November , 2020 Mr Boyette along with Johnston County Schools Public Information Officer Nathanial Shelton informed everyone that the Veterans Day Ceremony will be a virtual and drive - through event The Virtual Ceremony will be held on Wednesday , November 11 , 2020 from 11 00 am until Noon and can be viewed online at wwwjohnstonk12 ncus veteransday Mr Shelton also stated a drive - through celebration will be held for Veterans that same day from 12 00 Noon until 2 00 pm at Smithfield - Selma High School Mr Boyette thanked Johnston County Schools for always supporting the Veterans and offering the event 5 COVID - 19 Updates Health Director Dr Marilyn Pearson began by thanking Commissioner Jeffrey P Carver for his support to Public Health as a County Commissioner Dr Pearson updated the Board on the COVID - 19 Pandemic and stated the number of positive cases are increasing She reported in Johnston County the Health Department and their partners are testing at least 3,200 individuals a week Dr Pearson stated the County’s positive cases are at 5,908 as of yesterday with 66 deaths and 30 people in the hospital She noted the positivity rate as of last week was 83 ; however , the Department of Health & Human Services reported the rate at 78 as of this morning Dr Pearson thanked Johnston County Schools for working with the Health Department in offering testing sites and she spoke on the various locations and providers offering tests across the County Dr Pearson stated they continue working on plans for vaccination clinics once available She stated she anticipates vaccines will be a phased approach with targeted groups initially Dr Pearson spoke on the staffing levels at the Health Department as they continue working on the response to COVID - 19 and stated she believes efforts will be ongoing for the next year She thanked all the partners for their work and support to the Health Department Emergency Services Director Kevin Hubbard thanked Commissioner Carver for his years of dedicated service and guidance to the Emergency Services Department Mr Hubbard reported the supply chain for COVID - 19 remains stable ; however , they are beginning to see a few issues with Personal Protective Equipment PPE , which he believes may be the result of everyone getting ready for a vaccine Mr Hubbard stated EMS and the first responders continue to provide service and they are seeing an increase in the COVID related calls Mr Hubbard stated they continue to monitor the weather and he was glad that the County had minimal impacts from Hurricane Zeta last week Mr Hubbard stated there are currently no active weather systems that staff is monitoring and he hopes it will remain quiet for the month of November 6 Public Comments A Airport Authority Appointments – Comments from Pastor Ric Swaningson Pastor Ric Swaningson with Adventist World Aviation spoke to the Board regarding the Airport Authority Appointments item on the agenda Pastor Swaningson stated Adventist World Aviation is a multi - denominational ministry that offers medical evacuations and assists with aviation support to people living in remote areas of the world He stated they operate out of the Johnston Regional Airport and currently have sixPagePage pageNumber9624 November 2 , 2020 – 10 00 am Continued employees at that location Pastor Swaningson stated as the Commissioners consider the two new members for the Airport Authority , he would like to see a larger capacity of empathy in the community from the Authority membership He spoke on his concerns that the Authority is focused only on attracting jet traffic and he would like to see a focus on the smaller companies as well B Comments from Citizen David Johnson David Johnson , 39 Sassafras Lane , Clayton , recalled that he spoke to the Board in September regarding property he owns at 1621 S Brightleaf Boulevard in Smithfield Mr Johnson again spoke on flooding issues at the property due to a culvert underneath the CSX railroad Mr Johnson stated he is aware that the County sent a letter to CSX regarding the issue and that a meeting was held in October coordinated by Senator Brent Jackson’s office ; however , he has heard nothing on the matter to date Mr Johnson asked for an update on the issue The Board discussed the matter and Chairman Ted G Godwin stated he would follow up with Senator Jackson’s Office C E - mail Received from Citizen Brett McWhorter The Chairman reported the Board received an e - mail from Citizen Brett McWhorter expressing his concerns with regards to how the solid waste disposal program would be funded once the decals are eliminated in 2023 Mr McWhorter expressed his opposition to funding the program through general taxation and stated it should be a user pay system 7 JCATS – Request County Match for Community Transportation Program Grant Funds Neal Davis , Executive Director for Community & Senior Services JCATS , first thanked Commissioner Jeffrey P Carver for his support to Community & Senior Services JCATS over the years Mr Davis presented a request to the Board to approve a match in the amount of 185,228 for the North Carolina Department of Transportation Community Transportation Program grant for Fiscal Year 2021 - 2022 The total grant from the NC DOT is 926,141 and is the primary administrative and capital grant with which JCATS operates The grant consists of the following 1 Current services provided by JCATS 2 Federal State Certifications and Assurances that the system is meeting all regulatory requirements 3 469,737 Administrative expense request - 235,215 JCATS administrative staff - 234,522 other administrative expenses ie utilities , vehicle insurance , computer support , etc - Local match of 93,947 20 NOTE No State match projected for FY22 4 456,404 Capital budget request - 402,500 - 6 replacement vehicles - 14,904 - 6 Harris Phase II 2 - way radios - 39,000 for other capital expenses ie vehicle lettering , shop equipment , software , etc - Local match of 91,281 20 NOTE No State match projected for FY22 Mr Davis reported the match request is higher this year because the State has indicated that they may not be able to provide any State matching funds due to ongoing funding issues at the State level Mr Davis stated the match he is requesting from the Board today assumes that no funds will come from the State Commissioner Tony Braswell moved the Board approve a matching amount up to 185,228 for the NC DOT Community Transportation Program grant for FY 2021 - 2022 for JCATS Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote Commissioner Jeffrey P Carver commented that the Board will need to be prepared to fund the full match amount going forward because once the State matching amount goes away , it probably will not come back 8 Smithfield Parks & Recreation – Request for Assistance with Neuse River Bank Stabilization Parks , Greenways , and Open Space Coordinator Adrian O’Neal stated the County has received a request from the Smithfield Parks and Recreation Department for a Neuse River bank stabilization project currently affecting the Buffalo Creek Greenway Mr O’Neal introduced Smithfield Town Manager Michael Scott and Smithfield Parks & Recreation Director Gary Johnson for the request Page0625 November 2 , 2020 – 10 00 am Continued Mr Scott first thanked Commissioner Jeffrey P Carver for his dedication to the County and the Town st of Smithfield as a Commissioner Mr Scott explained that on the evening of August 31 , there was a 12 ” rain in Smithfield and a portion of the riverbank eroded as a result of that rainfall Mr Scott stated previous erosion occurred just south of this location approximately one year ago under similar circumstances ; however , they were able to repair that damage and that repair held during the recent rainfall event Mr Scott stated they would like to repair this damage in the same manner He stated the repair is estimated to cost somewhere between 95,000 to 100,000 and they will be bidding the project Mr Scott asked the County to consider providing assistance towards this unbudgeted expense He stated the Town does have some contingency funding they plan to match whatever the County can provide Mr Scott stated this portion of the greenway is heavily used by not only Smithfield residents , but also by County residents and it is a part of the overall Mountains to Sea Trail At the request of Chairman Ted G Godwin , Mr O’Neal addressed the Board and confirmed that this portion of the greenway is part of the overall Mountains to Sea Trail and will eventually also be a trail system in Johnston County Mr O’Neal stated he recommends the Board consider allocating an amount towards the repair just like a regular grant from the County’s Open Space Funds in an amount up to 20,000 after the Town has spent their funds first Mr O’Neal stated he would also recommend the Town look at their entire length of trail and determine if there are other portions that need preventive work Upon a question by Commissioner Chad M Stewart , Mr O’Neal stated there is 9,600 remaining in the Smithfield - Selma High School District portion of the Open Space Funds and 240,497 remaining in the countywide portion of the Open Space Funds Mr O’Neal stated the total amount remaining in the Open Space Funds is approximately 756,000 Mr O’Neal stated Smithfield did apply for and receive funds in the last round of Open Space Grant Fund allocations to rebuild a bridge along the trail that had become unusable Mr O’Neal stated normally the County requires a 5 match for an Open Space Fund grant ; however , because this is an out of cycle request , he recommends requiring a 100 match from Smithfield Commissioner Patrick E Harris asked if in the future , once the trail is established in Johnston County , is the Open Space Fund going to be looked at by the Towns as a source to maintain their portions of the trail and if so , where would funding come from to maintain the parks and recreation programs Mr O’Neal responded that if a town has a large unexpected expense like this request and it is a portion of the Mountains to Sea Trail then those towns may apply for Open Space Funds to assist with the repair and he would suggest the Board look at those requests on a case by case basis Mr O’Neal stated for normal maintenance issues within the towns , he would expect the towns to keep that up on their normal routine maintenance schedules At the inquiry of Commissioner Jeffrey P Carver , Mr Scott reviewed the type of repair that will be utilized for this portion of the trail and stated the method was proven effective in another previous repair Upon a question by Commissioner Butch Lawter , Mr Scott stated they are not aware of any other areas that are unstable at this time Mr Scott stated this area is a bend in the river where the water tends to hit hard and approximately three feet of the bank was washed away in the rainfall Commissioner Chad M Stewart moved the Board approve the out of cycle grant from the County’s Open Space Funds in an amount up to 20,000 to match the Town of Smithfield’s funding for the repair project Commissioner Butch Lawter seconded the motion which carried by unanimous vote Mr O’Neal noted that if this had been a FEMA covered event , then most likely , FEMA would have paid for this repair project 9 Public Utilities – Timothy G Broome Water Treatment Plant – Sole Source Request Utilities Director Chandra Farmer , PE , first thanked Commissioner Jeffrey P Carver for his support to the Public Utilities Department over the years Ms Farmer explained that design for the Timothy G Broome Water Treatment Plant Efficiency Project is nearly completed and the project includes complete SCADA upgrade and replacement , chemical feed improvements and metering improvements Ms Farmer reported the project engineer Hazen & Sawyer recommends sole sourcing several components of the proposed project , and County staff requests the sole sourcing of several items at the Timothy G Broome Water Treatment Plant in order to maintain standardization and efficiency for utility operations She reviewed the following items proposed for sole acquisition Page1626 November 2 , 2020 – 10 00 am Continued Item Manufacturer Reasoning Maintain standardization , compatibility and Caterpillar CAT Generator consistency for operation and maintenance Maintain standardization , compatibility and Chlorine & pH Sensors Hach consistency for operation and maintenance Maintain standardization , compatibility and Streaming Current Monitor Chemtrac consistency for operation and maintenance Cost - effective compared to other industrial automation software from other companies in SCADA Software Ignition developing an updated interconnected County - wide SCADA system ; Consistent with prior sole source approval for WWTP Ms Farmer stated the Department of Utilities respectfully requests approval to sole source the items referenced above for the proposed project and she offered to answer any questions Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the sole source acquisition of the above referenced items as requested by staff 10 Public Utilities – Timothy G Broome Water Treatment Plant Efficiency Project – Contractor Prequalification Utilities Director Chandra Farmer , PE , stated the Department of Utilities has routinely prequalified bidders for larger construction projects at the water treatment plant , wastewater treatment plant and other critical utility facilities Ms Farmer reported that in 2015 , the Board of Commissioners adopted a “ Prequalification Policy ” compliant with NCGS 143 - 1358 in order to establish a prequalification process for applicable construction or repair projects However , the statute also requires the governing board to “ adopt the assessment tool and criteria for the specific project , which must include the prequalification scoring values and minimum required score for prequalification on that project ” Ms Farmer stated the Department of Utilities would like to prequalify contractors for the upcoming Timothy G Broome Water Treatment Plant Efficiency project due to the critical nature of the construction , proximity to existing facilities and equipment , and necessity for continuous water treatment operations She stated the proposed prequalification package includes the necessary criteria in order to comply with the “ County of Johnston Prequalification Policy ” and the applicable statute Ms Farmer requested the Board to approve the prequalification package for the Timothy G Broome Water Treatment Plant Efficiency Project WIF # 1948 Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved the prequalification package for the Timothy G Broome Water Treatment Plant Efficiency Project WIF # 1948 as submitted by staff in the agenda packet 11 Register of Deeds – Refund of Excise Tax County Attorney Jennifer Slusser expressed her appreciation to Commissioner Jeffrey P Carver for his exemplary and honorable service to the citizens of Johnston County as well as for his support to the Administration team Ms Slusser reported that she reviewed a request for refund of overpayment of revenue stamps Pursuant to NCGS § 105 - 22837 , requests must be made within six 6 months after the date the tax was paid and must explain why the taxpayer believes a refund is due Ms Slusser stated Cameron D Sullivan with McCullers , Whitaker & Hamer , presented a request for refund of 1,15000 She reported that a General Warranty Deed mistakenly recorded in Johnston County was intended to be recorded in Wake County As a result , McCullers , Whitaker & Hamer’s recording account was charged 1,15000 for this property Ms Slusser stated this request meets the statutory requirements for refund and she recommends the Board of Commissioners approve the refund in the amount of 1,15000 Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved the refund request in the amount of 1,15000 to McCullers , Whitaker & Hamer Page2627 November 2 , 2020 – 10 00 am Continued 12 Budget Revisions Assistant County Manager and Finance Officer Chad McLamb also thanked Commissioner Jeffrey P Carver for his leadership and dedication over the years Mr McLamb requested the Board to approve the budget revisions listed in the agenda packet and offered to answer any questions Commissioner Larry Wood moved the Board approve the following budget amendments , seconded by Commissioner Chad M Stewart , and carried by unanimous vote Airport REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 60 65056207 Grant Expense 2,650,00000 TOTAL NET EXPENDITURES 2,650,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 60 650534155 State Grant 2,650,00000 TOTAL NET REVENUE 2,650,00000 Finance REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 16 63211046 Johnston Community College for engineering 5,000,00000 building TOTAL NET EXPENDITURES 5,000,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 16 632132507 Transfer from General Fund 5,000,00000 TOTAL NET REVENUE 5,000,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 63009019 Transfer to School Capital Project Fund 5,000,00000 TOTAL NET EXPENDITURES 5,000,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 5,000,00000 TOTAL NET REVENUE 5,000,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 82 85231800 Construction 21,10000 TOTAL NET EXPENDITURES 21,10000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 82 852336212 NCDOT Reimbursement 21,10000 TOTAL NET REVENUE 21,10000 Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59454618 Diaper Grant 8,00000 TOTAL NET EXPENDITURES 8,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 594534201 Diaper Grant Revenue 8,00000Page3628 November 2 , 2020 – 10 00 am Continued TOTAL NET REVENUE 8,00000 Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 18 44503308 Books – Bookmobile 1,30000 18 44503316 AV 1,50000 18 44503326 Books - YA 1,30000 18 44505810 Endowments 5,18000 TOTAL NET EXPENDITURES 9,28000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 18 445037900 Investment Income 9,28000 TOTAL NET REVENUE 9,28000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 9,34924 10 51004300 Special Services 2,67363 10 51007400 Capital Outlay 37,93638 10 51007414 Capital Outlay – Sheriff 57248 TOTAL NET EXPENDITURES 50,53173 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 57248 10 510032509 Insurance Recovery 44,36562 10 510033099 Miscellaneous Revenue 2,67363 10 510035104 Sheriff Fees 2,92000 TOTAL NET REVENUE 50,53173 Tourism REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 15 84006207 State Grant 10,00000 TOTAL NET EXPENDITURES 10,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 15 840034155 State Grant 10,00000 TOTAL NET REVENUE 10,00000 13 Appointments Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board made the following appointments and granted waivers in the length of service policy where needed A Fire Protection District Commissions – The following appointments were made as listed for two year terms to expire on October 31 , 2022 indicates a waiver in the length of service policy was granted Corinth Holder – Christopher C Perry was reappointed Nahunta – Franklin Dwight Boswell was reappointed Wynn – Jack McLamb was appointed Page4629 November 2 , 2020 – 10 00 am Continued B Firefighter’s Relief Fund Board of Trustees – The following appointments were made as listed for two year terms to expire on October 31 , 2022 indicates a waiver in the length of service policy was granted Blackman’s Crossroads – Charles E Wood was reappointed 50 - 210 – Andy Mack Penny was reappointed Pi - Le – Stephen Wayne Holloman was reappointed Wilson’s Mills – Danny L Harden , Jr was appointed Wynn – Travis Craig Byrd was reappointed Other Appointments C Airport Authority The Chairman announced that the Airport Authority vote would be done by written ballot Ballots were distributed to the Commissioners who voted for two applicants , signed the ballot , and submitted it to Deputy Clerk to the Board Dana Cuddington The Chairman stated the results would be tallied and certified upon adjournment and announced at the 6 00 pm meeting Note At the 6 00 pm meeting , the Chairman announced that Bentley Powell received the most votes ; however , there was a tie for the second position between Tim Stevens and Paul Forehand Chairman Godwin stated written ballots were prepared to decide the second position and Tim Stevens received the most votes Chairman Godwin stated Bentley Powell would be appointed for a term to expire on March 31 , 2024 and Tim Stevens would be appointed for a term to expire on April 30 , 2022 14 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of September She presented the following information Enforced Collections September 2020 YTD 20 21 Wage Garnishments 10 73 Bank Attachments 28 103 Levies 0 0 Foreclosures Complaints Filed September 2020 0 Pending 18 Dollars Collected September 2020 0 Sale Date Sale scheduled October 28 , 2020 Levy Amount and Collections to Date 2020 Real and Personal Levy 2019 Real and Personal Levy As of September 30 , 2020 As of September 30 , 2019 150,843,50694 Levy 139,235,70837 Levy 17,901,26635 Payments 16,479,57850 Payments 132,942,24059 Balance 122,756,12987 Balance 1187 Collected 1184 Collected + 003 RMV – NCVTS Collections September 2020 September 2019 1,562,45341 1,165,66941Page5630 November 2 , 2020 – 10 00 am Continued YTD 20 21 - 4,555,99893 YTD 19 20 - 4,221,706,39 Ms Andrews took a moment to express her appreciation to Commissioner Jeffrey P Carver for his service and support to the Tax Department 15 Manager Reports and Comments A Consulting for Broadband Services County Manager Rick Hester presented a proposal to the Board from ECC Technologies for broadband consulting services Mr Hester stated if there were no objections by the Board , he would like to proceed with entering into an agreement with ECC Technologies to assist the County in matters related to broadband Mr Hester stated Phase 1 of the agreement would assess the current broadband services in the County and determine the strengths and weaknesses Mr Hester stated ECC Technologies would then bring that information back to the Board of Commissioners He noted the Commissioners could then consider Phase 2 , which would involve ECC Technologies helping the County to determine how to facilitate broadband growth Mr Hester noted Phase 1 of the agreement would be for an amount not to exceed 32,700 plus some additional funds for mileage Mr Hester emphasized that if the Board approves moving forward with Phase 1 he has made it clear to ECC Technologies that the County wants an independent review with no ties to any of the current providers Mr Hester introduced Jeff Brooks from ECC Technologies who provided the Board with a background on the company and the types of services they offer Following discussion , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to enter into an agreement with ECC Technologies for Phase 1 at a cost not to exceed 32,700 plus travel expenses 16 Board Reports and Comments A PIO and 2021 Meeting Schedule At the inquiry of Commissioner Butch Lawter , County Manager Rick Hester stated he would have more information to share with the Board in December regarding a Public Information Officer position Mr Hester also stated that the 2021 Meeting Schedule would be on the December agenda for review and approval and staff has incorporated an additional meeting each month into the schedule as requested by Commissioner Lawter B December 2020 Meeting Location At the inquiry of Commissioner Tony Braswell , County Manager Rick Hester stated staff would be looking at locations for the December meeting since typically the Oath of Office Ceremony is held in the Old Superior Courtroom Courtroom No 4 Commissioner Chad M Stewart thanked the staff for all their work on alternate meeting locations during the COVID - 19 Pandemic Mr Hester also thanked Jim Earp and his company for their assistance with audio 17 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege ; NCGS 14331811 a 4 – Economic Development ; and NCGS 14331811 a 6 – Personnel Upon a motion by Commissioner Chad M Stewart , 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 , and for the purposes of personnel pursuant to North Carolina General Statute 143 - 31811 a 6 No action was taken Page6631 November 2 , 2020 – 10 00 am Continued Commissioner Chad M Stewart moved the Board adjourn closed session and resume regular session Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 12 30 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage