March 6, 2017 - 10:00 am - County Board of Commissioners Meeting Minutes

10 567 Meeting of the Johnston County Board of Commissioners March 6 , 2017 10 00 am The Johnston County Board of Commissioners met in regular session Monday , March 6 , 2017 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Keith Branch , and Larry Wood 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 Jeffrey P Carver called the meeting to order at 10 00 am Commissioner Ted G Godwin opened the meeting with a prayer American Legion Post 141 Selma led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – February 6 , 2017 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 Crape Myrtle Drive and Annette Drive – 319 Commercial Park – Pleasant Grove Township C Resolution – Support of State Funding – Alliance Behavioral Healthcare , adopted as follows Resolution in Support of Funding to Meet the Mental Health , Intellectual Developmental Disabilities , and Substance Use Disorder Service Needs of the Citizens of Johnston County WHEREAS , Johnston County recognizes that with appropriate services and supports , individuals and families dealing with mental illness and substance use disorders can achieve recovery and that those with intellectual developmental disabilities can live productive lives in our communities ; and WHEREAS , the resources needed for such services and supports is increasing due to North Carolina’s increasing population ; and WHEREAS , Johnston County is a member of Alliance Behavioral Healthcare , a public LME MCO responsible for approximately 471,000 Medicaid covered and uninsured North Carolinians in need of services across four counties ; and WHEREAS , consistent with the expectations of the North Carolina General Assembly and the North Carolina Department of Health and Human Services , Alliance’s Board of Directors has developed and is implementing a comprehensive reinvestment plan benefiting the citizens of Johnston County with service enhancements including housing initiatives and new evidenced - based and crisis services as part of a focused effort to reduce unnecessary emergency department admissions and to divert people from our criminal justice system ; andPage568 March 6 , 2017 – 10 00 am Continued WHEREAS , the North Carolina General Assembly has reduced State funding for behavioral health services by 252 million , including 26 million in funding to Alliance , over the past two years while requiring the LME MCOs to continue providing the same level of services ; and WHEREAS , despite these significant budget reductions Alliance has continued serving the uninsured and underinsured using the remaining State funds and its savings intended to be used for its reinvestment plan ; and WHEREAS , such budget reductions over the past two years have had a substantial impact on Alliance and further reductions will restrict Alliance from improving or expanding services , such as rate increases for providers , establishment of new crisis response facilities , and treatment for individuals with opioid use disorders , and will jeopardize services to uninsured and underinsured Johnston County citizens ; and WHEREAS , Johnston County has continued to fund Alliance with County dollars to supplement services to our residents , but we are concerned that additional reductions in behavioral health funding by the State may increase the need for the local allocation and place additional strain on other County services such as EMS , jails , and other social service resources NOW , THEREFORE BE IT RESOLVED that we , the Johnston County Board of Commissioners do hereby request that the North Carolina General Assembly • Restore Alliance Behavioral Healthcare’s State single stream funding to at least the 2015 level for mental health , developmental disabilities and substance abuse services , without further reductions ; and • Allow Alliance Behavioral Healthcare to continue to utilize its savings to reinvest in enhanced , innovative services in our communities rather than mandating that such funds be used to replace previously reduced State funding th Resolved this the 6 day of March , 2017 D Sheriff’s Office – Approval of Jail Health Plan Per the request of Sheriff Steve Bizzell the Board approved the Jail Health Plan as is required annually by the North Carolina Jail Inspector E Department of Social Services – Request to Surplus Vehicles The Board declared the following vehicles surplus and approved for them to be sold at an upcoming public auction to be scheduled by the Johnston County Sheriff’s Office 2001 Ford F150 Truck VIN # 3FTRF17W51MA65995 Mileage 185,961 2009 Ford Crown Vic VIN # 2FAHP71V19X121903 Mileage 116,480 F Public Utilities – Request to Surplus Vehicles The Board declared the following vehicles surplus and approved for them to be sold at an upcoming public auction to be scheduled by the Johnston County Sheriff’s Office 1997 Chevrolet 2500 Utility Body Pickup Truck VIN # 1GCGC24R6VZ134265 199,883 Miles 2000 Chevrolet 3500 Utility Body Pickup Truck VIN # 1GBGC34R2YR219800 139,494 Miles 2004 Chevrolet Silverado Pickup Truck VIN # 1GCEC14X84Z118891 Estimated 130,000 + Miles 2004 Chevrolet Colorado Pickup Truck VIN # 1GCCS148748155648 Estimated 175,000 + Miles G Order to Advertise Tax Liens Pursuant to NCGS § 105 - 369 a and b1 , the total amount of unpaid real estate taxes for 2016 is 4,262,52514 as of January 31 , 2017 To satisfy the requirement of NCGS § 105 - 369 b1 , notices of unpaid delinquent taxes were sent via US mail to the owners of record as of January 6 , 2017 At the request of Tax Administrator Sheila Garner , the Board adopted the order to authorize the Tax Department to advertise the liens for the delinquent 2016 tax bills H Town of Selma – Reappointment to Selma Planning Board Board of Adjustment Per the request of the Town of Selma , the Board reappointed the following individual to the Selma Planning Board Board of Adjustment representing the ETJ area of the Town Jim Phillips , 272 Hawkins Road , Selma , term expiring 11 30 2019 Page569 March 6 , 2017 – 10 00 am Continued I Tax Releases & Refunds – 01 15 2017 – 02 15 2017 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 18 2017 9 15 23 AM ashleyheath 2016 - 800020 30881575 FOOD LION STORE # 149 73263 1 18 2017 9 17 03 AM ashleyheath 2016 - 800021 30881575 FOOD LION STORE # 149 48616 1 18 2017 9 18 12 AM ashleyheath 2016 - 800022 30881575 FOOD LION STORE # 149 32411 1 18 2017 9 48 33 AM ashleyheath 2016 - 800023 30881575 FOOD LION STORE # 149 24308 1 18 2017 9 52 14 AM ashleyheath 2016 - 800024 30881575 FOOD LION STORE # 149 16205 1 18 2017 1 23 08 PM ashleyheath 2016 - 800004 2000058078 FOOD LION # 1279 25945 1 18 2017 1 25 17 PM ashleyheath 2016 - 800005 2000058078 FOOD LION # 1279 21621 1 18 2017 1 29 11 PM ashleyheath 2016 - 800006 2000058078 FOOD LION # 1279 17296 1 18 2017 1 48 59 PM ashleyheath 2016 - 800007 2000058078 FOOD LION # 1279 13088 1 18 2017 2 14 03 PM ashleyheath 2016 - 800028 2000083207 FOOD LION - LLC # 1685 14151 1 24 2017 2 29 27 PM cfutch 2016 - 99162 2000121349 WILKINS , JOHN CURRIN JR 13090 1 25 2017 2 06 06 PM ashleyheath 2016 - 69733 2000181589 PACCAR LEASING COMPANY 2,02781 1 26 2017 8 28 49 AM cfutch 2015 - 35412 2000139429 GOLDEN PROPERTIES AND 2,39955 1 26 2017 8 30 51 AM cfutch 2016 - 35984 2000139429 GOLDEN PROPERTIES AND 2,39955 DEVELOPMENT INC 1 31 2017 9 58 58 AM ashleyheath 2016 - 90351 2000066452 TART , BETTY H 63336 1 31 2017 10 20 37 AM ashleyheath 2016 - 104891 2000189502 KONYK , KIMBERLY ANN 33778 2 8 2017 9 44 29 AM ashleyheath 2016 - 74917 2000126281 POWELL , DENNIS S 15826 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 17 2017 9 10 06 AM jgreene 2016 - 103678 2000161022 EASTWOOD HOMES OF RALEIGH 34000 LLC 1 17 2017 9 16 50 AM jgreene 2016 - 38016 2000162112 H & H CONSTRUCTORS INC 2,19963 1 17 2017 9 20 12 AM jgreene 2016 - 38065 2000171918 H & H CONSTRUCTORS INC 38438 1 17 2017 2 43 16 PM LOCKBOX 2016 - 65820 2000079407 MOSLEY , KENNETH RAY 1,16102 1 18 2017 12 23 10 PM gcallahan 2016 - 36810 2000177323 GRAY WOLF DEVELOPMENT LLC 2,79488 1 20 2017 10 55 09 AM awestbrook 2016 - 24123 2000175037 CRUZ , GEORGINA 13399 1 23 2017 12 56 17 PM jmorrow 2016 - 14676 2000160184 BRYANT , WANDA 33022 1 23 2017 2 33 28 PM jmorrow 2016 - 38179 2000070446 HAGY , JAMES J 14634 1 25 2017 3 21 56 PM LOCKBOX 2016 - 3947 2000174892 DAN RYAN BUILDERS NC LLC 89751 1 25 2017 3 21 56 PM LOCKBOX 2016 - 48929 47021400 JOHNSON , TIM HALEY 22438 1 27 2017 4 20 10 PM LOCKBOX 2016 - 200063 1160 BROWN , CHARLES F 12515 1 27 2017 4 20 10 PM LOCKBOX 2016 - 200064 1160 BROWN , CHARLES F 16628 1 27 2017 4 20 10 PM LOCKBOX 2016 - 200065 1160 BROWN , CHARLES F 15222 1 27 2017 4 20 10 PM LOCKBOX 2016 - 54213 2000050324 LASKY ENTERPRISES INC 1,60384 1 30 2017 3 19 07 PM LOCKBOX 2016 - 34868 2000186098 GERMANO , CYNTHIA 17850 1 30 2017 4 43 30 PM awestbrook 2016 - 99670 2000149691 WILLIAMS , IVY 10968 2 9 2017 2 03 17 PM gcallahan 2016 - 104183 2000185265 AIRLIE CORPORATION INC 50446 2 10 2017 3 02 43 PM LOCKBOX 2016 - 63881 60581011 MILLER , JERRY A 47048 2 10 2017 3 02 44 PM LOCKBOX 2016 - 63882 2000105124 MILLER , JERRY ANDREW 11836 2 14 2017 2 28 01 PM LOCKBOX 2015 - 9547 2000014403 BENSON , BARBARA H 31735 North Carolina Vehicle Tax System - Pending Refund Report – January 2017 100 + Payee Name Bill # Transaction Refund Total Change # Reason AVERA , 0034951076 60501248 Adjustment 26208 SUSAN 19152 OLIVIA 45360 BYRD , 0034393247 61141888 Adjustment 9719 JACKSON 748 GARNER 10467Page570 March 6 , 2017 – 10 00 am Continued CREECH , 0035042680 60802176 Adjustment 21606 LETA 2493 JOHNSON 24099 PASSANT , 0034869917 91712859 Adjustment 10257 JOHN 7233 EDWARD IV 000 17490 97416 February 21 , 2017 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 , Sheila Garner A complete record of this information is on file in the County Finance Office Totals from 01 15 17 to 02 15 17 Tax refunds - Personal Real Property 35084 Tax releases - Personal Real Property 1,05114 Motor Vehicle releases refunds 54926 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A Town of Benson – Update to the Board Benson Town Manager Matt Zapp reported that in the last 24 months , the Town of Benson has experienced 70 million of commercial and industrial growth as well as 10 million of residential growth He stated in cooperation with the County and the local business partners , they have created in excess of 200 new jobs in the Town of Benson alone Mr Zapp continued that as Benson prepares itself for future growth , they are partially through a comprehensive Economic Development process which they feel will be beneficial to them Mr Zapp reported the Town will be holding public strategic planning team meetings with the next one being Thursday March 30 , 2017 at 7 00 pm at the Benson Town Hall – Conference Center and the public is encouraged to attend Mr Zapp stated the news in Benson continues to be positive and he thanked the County for working with them B New Executive Director for the Research Triangle Regional Partnership Economic Development Director Chris Johnson stated Economic Development is a team effort and it is a pleasure for him to represent the County , Benson , and all the communities in Johnston County Mr Johnson asked the Board to mark their calendars for the May 10 , 2017 Industry Appreciation Day “ Racing for Recruitment ” to be held at Galot Motor Sports Park in Benson Mr Johnson reported he also will be attending the Research Triangle Regional Partnership’s State of the Region on May 11 , 2017 Mr Johnson introduced Mr Ryan Combs as the new Executive Director for the Research Triangle Regional Partnership Mr Johnson stated through the Research Triangle Regional Partnership , Mr Combs represents eleven counties and everyone is excited about his extensive background in leadership Mr Combs stated he is a native of Raleigh and it is a pleasure for him to be in Johnston County Mr Combs provided the Board with a background of his career and what led him to his current position Mr Combs stated he appreciates all that Johnston County contributes to the Research Triangle Regional Partnership as they lobby the region and try to create jobs Mr Combs stated he looks forward to working with the Board and Mr Johnson The Board welcomed Mr Combs to his new position and congratulated him on the new opportunity 4 Sheriff’s Department – Request to Surplus and Auction Vehicles Sheriff Steve Bizzell requested the Board to declare the following vehicles surplus and approve for them to be sold at Public Auction on Saturday , April 8 , 2017 at 10 00 am by Randy Wester Auction Company of Benson The auction would take place at the Johnston County Sheriff’s Office Fleet Services building located at 60 Shelter Way in Smithfield Sheriff Bizzell spoke on the condition of the vehicles stating they try to get as much out of them as they can PagePage pageNumber5571 March 6 , 2017 – 10 00 am Continued Year Make Model VIN Mileage 1 2005 FORD CROWN VIC 2FAFP71W85X104543 156,478 2 2006 FORD 500 1FAFP24126G175585 120,785 3 2007 FORD CROWN VIC 2FAFP71W57X142637 147,151 4 2008 FORD CROWN VIC 2FAFP71V68X146253 155,615 5 2008 FORD CROWN VIC 2FAFP71V48X118113 150,705 6 2009 FORD CROWN VIC 2FAHP71V99X121891 146,201 7 2009 FORD CROWN VIC 2FAHP71V99X121907 160,545 8 2009 CHEVY TAHOE 1GNFK03059R167891 173,374 9 2010 FORD CROWN VIC 2FABP7BV6AX138706 151,020 10 2010 FORD CROWN VIC 2FABP7BV2AX133020 156,272 11 2010 FORD CROWN VIC 2FABP7BVXAX138711 145,608 12 2010 FORD CROWN VIC 2FABP7BV4AX138705 148,365 13 2010 FORD CROWN VIC 2FABP7BV8AX138710 152,303 14 2011 FORD CROWN VIC 2FABP7BV4BX161726 149,100 15 2011 FORD CROWN VIC 2FABP7BV3BX137742 144,648 NOTE Vehicles # 5 and # 8 were purchased with federal asset forfeiture funds drug money Federal guidelines require that the proceeds from the sale of these vehicles be credited back to the appropriate revenue line item in the Sheriff’s Office budget , for federal auditing purposes Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried unanimously , the Board declared the above listed vehicles surplus and approved for them to be sold at Public Auction on Saturday , April 8 , 2017 at 10 00 am by Randy Wester Auction Company of Benson at the Johnston County Sheriff’s Office Fleet Services building located at 60 Shelter Way in Smithfield 5 Nursing Home Adult Care Home Community Advisory Committee Update Jimmy Parker , Chairman of the Nursing Home Adult Care Home Community Advisory Committee , provided the Board with an annual update on the Committee’s work Mr Parker stated the mission of the Committee is to serve as grassroots volunteer advocates for residents in long term care in Johnston County He added their vision is that citizens of Johnston County and the residents of long term care facilities in Johnston County will recognize the Committee as a key advocate and resource for information about long term care issues Mr Parker stated the Committee’s responsibility is to visit all the long term care facilities in the County and apprise themselves of the general conditions , assure that the residents ’ Bill of Rights are being upheld , assist residents with any concerns , and educate and inform the community about long term care Mr Parker reported they currently have 15 active committee members and are allowed to have up to 25 Mr Parker praised the members on the Committee and spoke on their dedication and work He noted that three members on the Committee will have served 10 years at the completion of their current appointment Mr Parker stated recruitment efforts for new members are ongoing He introduced and thanked Carolyn Pennington as the Regional Ombudsman for Johnston County Mr Parker reported the following on the facilities in the County 25 total facilities with a capacity of approximately 1200 residents 5 Skilled Nursing Facilities SNF - total capacity 695 residents 9 Adult Care Homes ACH , Assisted Living - total capacity 475 residents - 172 beds for dementia care in ACHs 11 Family Care Homes FCH - FCH have 6 or fewer residents - total capacity 78 residents Dementia care special care capacity in all facilities are 172 beds or approximately 14 Facilities closed 1 Adult Care Home closed - Division of Health Service Regulation shut down Autumn Wind Assisted Living for multiple environmental infractions found during a survey PagePage pageNumber6572 March 6 , 2017 – 10 00 am Continued - Johnston County Department of Social Services Adult Services staff placed all residents in other facilities in Johnston and Wake Counties on the day the facility was closed New facilities opened during 2016 4 Family Care Facilities have opened in Johnston County over the past year Mr Parker reported on the strengths and weaknesses with the County’s long term care facilities He stated some of the weaknesses include older facilities closing resulting in the loss of affordable capacity , not enough activities or a lack of variety , a need for better dining experiences , high turnover staff rates , and staff to resident ratios could be improved Mr Parker spoke on the strengths stating for the most part the facilities have well trained and caring staff and administrators He noted that some facilities have upgraded and expanded rehabilitation capabilities Mr Parker reported activity calendars reveal there is good community involvement by churches and civic groups Mr Parker stated the majority of residents are expressing satisfaction with the care they are receiving He reported the “ Music and Memory ” Program is being utilized in several facilities thanks to the Johnston County Rotary Club Mr Parker stated facility visits are conducted by teams of three to five members grouped by geographic regions in the County He stated the teams rotate facility assignments every three months Mr Parker reported for 2016 the Committee teams conducted over 74 facility visits devoting more than 720 hours and logging more than 6,775 miles He explained the teams document the visits and file reports with the full Committee for review which are then sent to the Ombudsman and finally placed on the County’s website Mr Parker stated any issues or concerns that are encountered during the visits are discussed with the staff administration , with the resident’s permission He continued that members always encourage communication with staff and any unresolved issues are immediately referred to the Regional Ombudsman Mr Parker stated the Committee members continue to educate the public on the issues of long term care for the elderly by attending festivals and other community events to hand out literature and answering questions about long term care Mr Parker noted they have Committee Members serving on local , regional , and State level boards in an effort to stay informed of the issues facing the elderly Mr Parker stated Committee Members Nacy Washington and Barbara Thornton have been collecting 1950s and 1960s music and providing the music along with donated electronics for residents He stated Committee Member Pete Perrino has also donated old movies to several of the facilities Mr Parker informed the Board that the Centers for Medicare and Medicaid released a comprehensive revision of the nursing home regulations in September 2016 which had not been updated in 25 years Mr Parker listed and reviewed with the Board several of the revisions that are focused on resident protection , including - Greater focus on addressing a resident’s individual needs and preferences resident centered care ; - Prompt development of a care plan ; - More comprehensive care ; - Improved training ; - Improved protections against abuse , neglect , and exploitation ; - Better protection of resident property ; - Increased visitation rights ; - Protection against evictions ; - Limiting ability of nursing homes to “ dump ” a resident at the hospital ; and - Prohibiting force arbitration of claims of misconduct Mr Parker concluded the update by stating the Committee has developed good working relationships with facility staff and administrators He noted the administrators welcome the Committee’s perspective and suggestions and they are happy to see that many of the suggestions are put into practice Mr Parker thanked Commissioner Chad M Stewart for his active participation with the Committee and the entire Board for their support to the Committee members Commissioner Ted G Godwin stated Mr Parker is not only the Chair of this Committee , but he is also the Chair of the Community & Senior Services Board Commissioner Godwin commended Mr Parker for his dedication stating the County would do well to have more people like him PagePage pageNumber7573 March 6 , 2017 – 10 00 am Continued Commissioner Chad M Stewart thanked Mr Parker and the Committee Members for their service stating this is a true working committee and the Board sincerely appreciates their efforts 6 EMS – Approval of Ambulance Bid EMS Division Chief Josh Holloman explained that Johnston County EMS issued an Invitation for Bids to obtain pricing and subsequently contract for Type III , Class One , Configuration A ambulances Sealed bids were received on February 20 , 2017 and the following bids were received Northwestern Emergency Vehicles 155,99800 per ambulance West Jefferson , North Carolina Select Custom Apparatus 160,31468 per ambulance Falkland , North Carolina Atlantic Emergency Solutions 185,22500 per ambulance Colfax , North Carolina Mr Holloman reported staff respectfully requests the Board to approve the purchase contract with Northwestern Emergency Vehicles in the amount of 155,99800 per ambulance unit price contract good for two years He stated if approved , EMS plans to purchase three ambulances to replace current front line units and maintain the County’s ability to meet an increasing call volume and demand Mr Holloman noted funds were budgeted to pay for this purchase in the Fiscal Year 2016 - 2017 budget At the inquiry of Commissioner Cookie Pope , Mr Holloman stated EMS has purchased ambulances from Northwestern Emergency Vehicles in the past and were satisfied with the purchase Commissioner Cookie Pope moved the Board approve the purchase contract with Northwestern Emergency Vehicles in the amount of 155,99800 per ambulance which is a unit price contract good for two years Commissioner Ted G Godwin seconded the motion which carried by unanimous vote 7 Public Utilities – Bid Award – 2015 Sewer Rehabilitation Project Public Utilities Director Chandra Coats , PE , reported in December 2015 , the Board of Commissioners accepted the loan offer from the North Carolina Division of Water Quality and adopted the budget for the 2015 Sewer Rehabilitation Project Ms Coats stated bids were received on February 16 , 2017 for project construction and the bid advertisement and opening procedures were consistent with statutory requirements to the best of staff’s knowledge Three 3 bids were received , as follows Ms Coats stated the lowest responsive bid was submitted by Prism Contractors , Inc of Williamsburg , VA in the amount of 1,124,59350 She reported Prism Contractors , Inc is properly licensed and experienced in the type of construction involved and appears to have the financial , labor and equipment resources required to complete the construction within the stipulated contract completion time Ms Coats explained that since the total project bid exceeds the project budget , staff has discussed a “ Memorandum of Contract Negotiation ” with Prism Contractors , Inc , which would delete TV inspection cleaning on some of the 36 ” mains and allow for inspection via pole cameras in manholes The revised contract amount would be 773,39450 Ms Coats presented the previously approved and proposed project budget , as follows Existing Proposed Phase I – Infrastructure Assessment Technical Services 118,45000 90,52200 Contingency 6,05000 000PagePage pageNumber8574 March 6 , 2017 – 10 00 am Continued Phase II – Sewer Main Manhole Rehabilitation and Repair Construction 640,35000 773,39500 Contingency 47,23000 38,66900 Sewer Service Connection Work 000 26,00000 Loan Closing 16,24200 18,05200 Total Project Cost 828,32200 946,63800 Funding for the proposed project is as follows NCDEQ DWI Clean Water Loan 169 , 20 years 812,08000 902,58600 Fund 68 Appropriations 16,24200 44,05200 Total Project Funds 828,32200 946,63800 Ms Coats stated staff recommends award of the 2015 Sewer Rehabilitation Project to Prism Contractors , Inc in the negotiated amount of 773,39450 In addition , staff respectfully requests the Board’s approval of the revised project budget , revised capital project ordinance and the resolution accepting the revised loan offer Commissioner Allen L Mims , Jr asked if the County had worked with Prism Contractors in the past Ms Coats responded that to her knowledge , this would be the first time the County has worked with Prism Contractors ; however , she stated they have good references Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried unanimously , the Board awarded the 2015 Sewer Rehabilitation Project to Prism Contractors , Inc in the negotiated amount of 773,39450 ; approved the revised project budget as listed above ; and adopted the revised capital project ordinance and resolution accepting the revised loan offer , as follows CAPITAL PROJECT ORDINANCE FOR THE 2015 SEWER REHABILITATION PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is the 2015 Sewer Rehabilitation Project , which involves CCTV and inspection of approximately 34,500 linear feet of gravity sewer mains and flow isolation studies “ Phase I ” , and rehabilitation and repair of the identified necessary mains and manholes “ Phase II ” , including Wilson Street , Buffalo Road and Neuse River Interceptor areas the “ Project ” The Project is to be financed by a Clean Water State Revolving Fund Loan and an appropriation from the County Sewer Fund “ Fund 68 ” Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the State Clean Water Revolving Fund Loan offer and the budget contained herein Section 3 The following amounts are appropriated for the Project Phase I – Infrastructure Assessment Technical Services 90,522 Total Phase I 90,522 Phase II – Sewer Main Manhole Rehabilitation and Repair Construction 773,395 Contingency 38,669 Loan Closing Fee 18,052 Private Sewer Connection Work 26,000 Total Phase II 856,116 Section 4 The following revenues are anticipated to be available to complete this Project State Clean Water Revolving Fund Loan 902,586 Fund 68 Appropriation 44,052 Total 946,638PagePage pageNumber9575 March 6 , 2017 – 10 00 am Continued Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the North Carolina Department of Environmental Quality and the terms of the State Clean Water Revolving Fund Loan shall be met Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Reimbursement requests should be made to the North Carolina Department of Environmental Quality in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Amended this 6th day of March , 2017 RESOLUTION BY JOHNSTON COUNTY BOARD OF COMMISSIONERS WHEREAS , the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works , wastewater collections systems , and water supply systems , water conservation projects , and WHEREAS , the North Carolina Department of Environment and Natural Resources has offered a Clean Water State Revolving Loan in the revised amount of 902,586 for the construction of the 2015 Sewer Rehabilitation Project WHEREAS , Johnston County intends to construct said project in accordance with the approved plans and specifications , NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County does hereby accept the Clean Water State Revolving revised Loan offer of 902,586 That Johnston County does hereby give assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the loan offer , Section II – Assurances will be adhered to That Rick J Hester , County Manager , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto Adopted this March 6 , 2017 , at Smithfield , North Carolina 8 Public Utilities – Revisions to Johnston County Water and Sewer Policies Public Utilities Director Chandra Coats , PE , reviewed two proposed revisions to the “ Johnston County Water and Sewer Policies ” as follows and recommended their approval 1 In the Definitions section page 2 , “ Assessment Fee ” should be revised to be defined as “ A one - time charge for the purpose of reserving capacity in the County’s water or sewer systems , the payment of which will immediately reserve the requested capacity in the County’s systems ” 2 The fire hydrant escrow fee referenced on page 21 should be revised from 1,400 to 1,800 Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried unanimously , the Board approved the following two revisions to the Johnston County Water and Sewer Policies Page0576 March 6 , 2017 – 10 00 am Continued 1 In the Definitions section page 2 , “ Assessment Fee ” revised to be defined as “ A one - time charge for the purpose of reserving capacity in the County’s water or sewer systems , the payment of which will immediately reserve the requested capacity in the County’s systems ” 2 The fire hydrant escrow fee referenced on page 21 revised from 1,400 to 1,800 9 Public Utilities – Interlocal Agreement with Town of Wilson’s Mills Public Utilities Director Chandra Coats , PE , stated the Town of Wilson’s Mills has applied for CDBG grant and USDA grant and loan funding for a proposed sewer project to be located within the town limits Ms Coats explained the project will eliminate existing failed and the potential for future failed septic systems for customers connecting to the public sewer , in addition to expanding the sewer infrastructure within the town limits Ms Coats stated since the Town does not currently own , operate or maintain a wastewater collection facility , they have requested an interlocal agreement with the County Ms Coats stated staff requests the Board’s consideration of the proposed interlocal agreement At the request of Commissioner Keith Branch , new Wilson’s Mills Town Administrator Alecia Gregory introduced herself to the Board and stated she looks forward to working with the County The Board welcomed Ms Gregory Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Keith Branch , and carried unanimously , the Board approved the following interlocal agreement with the Town of Wilson’s Mills NORTH CAROLINA JOHNSTON COUNTY INTERLOCAL AGREEMENT THIS AGREEMENT , made and entered into this the ____ day of March , 2017 , by and between the Town of Wilson’s Mills and Johnston County for the purpose of project construction and administering any funding received by the Town of Wilson’s Mills from the United States Department of Agriculture for the Phase I Sewer System Improvements in the Town of Wilson’s Mills ; WITNESSETH WHEREAS , the Town of Wilson’s Mills herein TOWN is a body politic and corporate , organized pursuant to the laws of the State of North Carolina ; and WHEREAS , Johnston County herein COUNTY is a body politic and corporate , organized pursuant to the laws of the State of North Carolina ; and WHEREAS , it is the policy of the State of North Carolina to encourage the planning and development of regional wastewater collection and disposal systems GS Ch 162A , Art 3 ; and WHEREAS , the TOWN and the COUNTY are units of local government within the meaning of GS 160A - 460 and are authorized pursuant to Article 20 of GS Chapter 160A , to enter into agreements with one another for the undertaking of any function of local government ; and WHEREAS , the TOWN desires to eliminate existing malfunctioning on - site septic systems through the TOWN financing the construction of infrastructure to collect and transport the wastewater generated by the TOWN to the COUNTYs wastewater collection system and treatment plant , said infrastructure facilities titled Phase I Sewer System Improvements , hereinafter referred to as the PROJECT ; and WHEREAS , the TOWN has committed to full funding of the Project and has applied for funding from the United States Department of Agriculture - Rural Development USDA - RD and agency has obligated funds in the form of a grant and loan for the project ; and WHEREAS , the TOWN does not presently own , maintain and operate any public water and wastewater infrastructure ; and WHEREAS , the COUNTY has agreed to convey certain sewer utility assets within the Town of Wilson’s Mills to the Town and to own , operate and maintain the Project once construction is complete and in operation , as follows I COUNTY agrees to convey certain sewer utility collection mains , pump stations and other fixtures and appurtenances to TOWN as identified on Exhibit A attached hereto by a special warranty deed on or before ___________ , 201_ , for consideration in the amount of approximately , 228,700 , the figure to be trued up as of the Closing , that being the amount due for the financing of the facilities to be conveyed , to be paid out of USDA funds at closing II TOWN hereby grants a license to COUNTY to operate , maintain , inspect , repair and modify as necessary , the aforesaid sewer system as necessary to serve the customers and the mutual interests of the parties during the term set forth hereinafter III TOWN agrees to undertake the following relating to funding and implementation of the project 1 To secure 100 financing in the form of loans and loan forgiveness grant from the USDA Rural Development 2 To enter into any financial agreements relating to the USDA Rural Development funds as required by the USDA Rural Development , and to repay the principal and interest on the loan 3 To provide all financial information to USDA Rural Development to allow reimbursement of funds for all , eligible project costs 4 To pay the purchase price set forth above , upon obtaining USDA funding 5 To cause to have the Project designed by preparation of plans and specifications , permitted in its name and publicly bid by retaining and entering into a contract with an engineer to provide such services The design is to be in accordance with Johnston County Utilities Standards for sewer design and construction 6 To cause to have the Project constructed by awarding and entering into a construction contract with a properly licensed utility contractor Page1577 March 6 , 2017 – 10 00 am Continued 7 To retain the services of an engineer to provide construction contract administration and observation services for the Project 8 To cause sewer taps to be installed at all specified property locations no cost to COUNTY 9 To make connection to the Project’s sewer system mandatory to customers who receive a tap and impact fee pre - payment , to exercise its best efforts at getting all those property owners who have pre - paid for taps and not opted out by the date of the purchase because of having to pay for water taps and impact fees or for other reasons to make physical service connections and become retail sewer customers within sixty 60 days of the approval of the project to accept sewage from the particular property served , to pay the COUNTY’s current sewer assessment fee of 2,700 for each tap pre - purchased as of the date of this Agreement , to pay the County’s then existing sewer assessment fee for any taps added , permitted and approved in the future during the Project period acknowledging that the County’s assessment fees may be increased in the future , and to levy a sewer availability charge equal to the base rate to encourage connections 10 To advise affected property owners that the COUNTY requires a metered water service connection , a water tap and billing account as a condition of obtaining a sewer tap connection and to adopt all policies and procedures necessary and consistent with COUNTY policies to require property owners to submit a service application to COUNTY for metered water service connection as a condition of obtaining a sewer tap connection 11 To spend 90 of the monies received from COUNTY the 2000 per month sewer base rate on repaying the USDA loan 12 To assume responsibility for collecting for its own use the sewer availability charge from those customers who do not tap on to the sewer system after the aforesaid sixty 60 days IV COUNTY agrees as follows 1 To provide review of construction documents for proposed improvements for conformity to County’s standards 2 To provide capacity for transmission and treatment of all wastewater generated and collected by the proposed service area within the Phase I Sewer System Improvements Project , now and for the duration of the term of this Interlocal Agreement 3 To design , adopt and implement rates and changes for billing and to provide billing and collection services to all customers on the Project sewer system , except for the billing of availability fee as set forth in Paragraphs 4 and 5 below , and to assume all risks of non - payment and collection of retail sewer service billing 4 To facilitate the TOWN’s collection of monies in arrears for unpaid availability rates , if any , COUNTY agrees , that a service application to COUNTY for connection to metered water and sewer laterals to a property for which the Town paid an impact fee , must provide a paid receipt from TOWN indicating PAID IN FULL The procedure will be that such property owner must a notify TOWN in writing the intention to apply to COUNTY for water and sewer connection , b pay TOWN any accrued unpaid availability charges applicable to that property and any other properties owned by the same owner , and pay to COUNTY any other fees imposed by COUNTY at the time of application as a precondition for obtaining a plumbing permit for a water and sewer connection COUNTY agrees not to permit a property owner to apply for service unless it has prior thereto received a paid receipt from TOWN 5 To pay to TOWN the amount of 2000 per active and metered sewer customer per month within the town limits until the date described in paragraph V below , to assist in Town’s payment of the loan principal and interest 6 To operate , maintain , inspect , repair , and modify the system as needed to keep it in operating condition consistent with best management practices , to serve the customers adequately , at no additional charge to TOWN during the term of this Interlocal Agreement Nothing herein requires COUNTY to extend additional mains in TOWN except as may occur in accordance with COUNTY’s policies as they currently exist or as may exist in the future 7 COUNTY agrees not to enact any public utility policies which contravene the provisions hereof , or if it does enact such policies , the COUNTY agrees that the provisions of this Interlocal Agreement shall be exceptions to such policies The parties agree that County may establish or modify retail water and sewer billing rates , assessments and application fees as may be determined by the Johnston County Board of Commissioners from time to time and that such action by the Johnston County Board of Commissioners shall not be considered to contravene the provisions of this Interlocal Agreement V The term of the operating license pursuant to Interlocal Agreement shall be the lesser of forty 40 years , or b sixty 60 days after payment and satisfaction of the USDA loan by TOWN and written notice to COUNTY of such prepayment VI Upon the end of the term of the operating license , TOWN shall convey to COUNTY the sewer system , including any additions thereto , and assign all permanent sewer easements conveyed to TOWN relating thereto , for 100 , paid by COUNTY at closing VII Termination Following the reconveyance of the sewer system by TOWN and the settling up of any license payments due to TOWN by COUNTY , this Interlocal Agreement shall terminate VIII General 1 METHOD OF AMENDMENT This Agreement may be amended by the parties by Resolution adopted by each of their respective boards Amendments shall be made in writing and shall be deemed incorporated into this Agreement if attached to the original and executed with the formalities required by law as an amendment hereto 2 NOTICE Any notices provided for herein shall be in writing and shall be sent by certified mail , return receipt requested , or personally served upon the below named individuals or their designees or successors at the indicated addresses Town Administrator Town of Wilson’s Mills P O Box 448 100 Railroad Street Wilson’s Mills , NC 27593 County Manager Johnston County P O Box 1049 207 E Johnston Street Smithfield , NC 27577Page2578 March 6 , 2017 – 10 00 am Continued 3 GOVERNING LAW This Interlocal Agreement is made in Johnston County , shall be governed by and construed in accordance with the law of the State of North Carolina and the forum for any litigation shall be Johnston County 4 SURVIVAL AND BINDING EFFECT This Interlocal Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors or assigns , provided that the rights and obligations set forth herein may not be assigned without the written agreement of the other party to amend the Interlocal Agreement , which said agreement shall not be unreasonably withheld 5 UNENFORCEABILITY If any provision of this Interlocal Agreement is held to be illegal , invalid or unenforceable under any present or future laws , such provision shall be severable and the remainder of this Interlocal Agreement shall continue in full force and effect 6 ENTIRE AGREEMENT This Interlocal Agreement is the only agreement between the parties hereto with respect to the subject matter hereof and contains all of the terms agreed upon , supersedes and voids any pre - existing agreements relating to sewer system use , ownership , capacity allocation or otherwise , and there are no other agreements , oral or written , between the parties hereto with respect to the subject matter hereof 7 EXECUTION IN COUNTERPARTS This Interlocal Agreement may be executed in one or more counterparts , each of which shall be deemed an original , and all of which together shall constitute one and the same instrument 8 IN TESTIMONY WHEREOF , The BOARD OF COMMISSIONERS of JOHNSTON COUNTY has caused this Interlocal Agreement to be executed in its name by its Chairman , as attested by its Clerk as evidenced by the affixing of the office seal of the County by its Clerk all pursuant to authority of its Board of Commissioners duly given ; and the Town of Wilson’s Mills has caused this Interlocal Agreement to be executed in its name by its Mayor , attested by its Clerk and its corporate seal hereunto affixed , all by Resolution duly entered by the Town Council of the Town of Wilson’s Mills all on this the day and year first above written This Interlocal Agreement is executed in two 2 originals , one of which shall be retained by each of the parties hereto Page3579 March 6 , 2017 – 10 00 am Continued 10 Budget Revisions At the request of Finance Director and Assistant County Manager Chad McLamb , Commissioner Cookie Pope moved the Board approve the following budget revisions , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote Emergency Management REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53007400 Capital Outlay 18,14900 TOTAL NET EXPENDITURES 18,14900 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 530034155 State Grant 18,14900 TOTAL NET REVENUE 18,14900 Finance Public Utilities REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85231800 Construction 34,17400 TOTAL NET EXPENDITURES 34,17400 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 20 852336212 NCDOT Reimbursement 34,17400 TOTAL NET REVENUE 34,17400 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85231800 Construction 44,22500 TOTAL NET EXPENDITURES 44,22500 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 20 852336212 NCDOT Reimbursement 44,22500 TOTAL NET REVENUE 44,22500 Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 18 44500400 Legal & Professional Fees 2,07300 TOTAL NET EXPENDITURES 2,07300 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 18 445034104 State of NC Library 2,07300 TOTAL NET REVENUE 2,07300 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 7,29702 10 51003350 Supplies – Special 4,00000 10 51004300 Special Services 49984 10 51007414 Capital Outlay – Sheriff 12,73608 TOTAL NET EXPENDITURES 24,53294Page4580 March 6 , 2017 – 10 00 am Continued REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 1,04308 10 510032509 Insurance Recovery 4,50077 10 510033099 Miscellaneous Revenue 7,29609 10 510034163 Federal Grant - Equipment 11,69300 TOTAL NET REVENUE 24,53294 Visitors Bureau REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 15 84007050 Non - Major Capital Assets 25,00000 15 84003300 Departmental Supplies 15,00000 TOTAL NET EXPENDITURES 40,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 15 840032105 Tourism Authority 40,00000 TOTAL NET REVENUE 40,00000 11 Appointments Johnston County Economic Development Advisory Board – Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board reappointed Randy Jones representing Pine Level for a two year term to expire on February 28 , 2019 and granted Mr Jones a waiver in the length of service policy 12 Reappointment of County Tax Administrator Commissioner Ted G Godwin moved the Board reappoint Sheila Garner as the Johnston County Tax Administrator for another four year term Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote 13 Delinquent Tax Collection Report Tax Administrator Sheila Garner reported on the collection of delinquent taxes for the month of February 2017 She presented the following information Enforced Collections February 2017 YTD 16 17 Wage Garnishments 206 980 Bank Attachments 137 233 Levys 0 0 Foreclosures Complaints Filed February 2017 0 20 Pending Dollars Collected February 2017 1,06786 As of February 28 , 2017 , the Tax Department has collected 9765 of the real and personal levy for 2016 A foreclosure sale is not scheduled for March The registered motor vehicle collections for February 2017 are 1,069,79101 and YTD 16 - 17 is 8,800,29321 Ms Garner reported the delinquent 2016 tax liens will be advertised in March Ms Garner also took the opportunity to update the Board regarding the 2019 Revaluation She stated a press release was issued on February 28 , 2017 providing information to the citizens on what a revaluation is and notice that it has begun She noted the Tax Office will continue to issue press releases as the process goes along Mr Garner stated currently the revaluation teams are reviewing properties in the Bentonville and Beulah areas of the County She stated the teams are reviewing the properties from their vehicles for condition or any changes to structures and they are also taking a picture of the property Page5581 March 6 , 2017 – 10 00 am Continued 14 Manager Reports and Comments None 15 Board Reports and Comments Commissioner Ted G Godwin stated Johnston County’s Geographic Information System GIS Department is doing a great job , but he has had a few citizens mention to him that they wished all Geographic Information Systems across the counties in North Carolina could be more uniform Commissioner Godwin stated he personally does not know if that can ever be achieved because each county has their own systems and software programs , but he has had citizens express that wish County Manager Rick Hester stated he could speak with GIS and see if any background information could be obtained Commissioner Cookie Pope noted the Register of Deeds systems across North Carolina are not the same either Commissioner Pope spoke on the ease of using Johnston County’s system stating it is not as easy in other counties 16 Closed Session – NCGS 14331811 a 3 – Attorney Client Privilege and NCGS 14331811 a 5 – Acquisition of Property Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board recessed regular session to sit in closed session for the purposes of consulting with an attorney employed by the Board in order to preserve the attorney - client privilege , pursuant to North Carolina General Statute 143 - 31811 a 3 ; and to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property , pursuant to North Carolina General Statute 143 - 31811 a 5 No action was taken Commissioner Allen L Mims , Jr moved the Board adjourn closed session and resume regular session Commissioner Cookie Pope seconded the motion , which carried by unanimous vote There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 11 45 am ____________________________ Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage