March 7, 2016 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 87 Meeting of the Johnston County Board of Commissioners March 7 , 2016 10 00 am The Johnston County Board of Commissioners met in regular session Monday , March 7 , 2016 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart 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 Tony Braswell called the meeting to order at 10 00 am Commissioner Cookie Pope 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 DeVan Barbour , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – February 1 , 2016 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 Fontana Drive SR 2689 Ext and Lauderdale Trail – Timberlake Phase 3 – Wilders Township Buckeye Trail , Linden Court , and Cinnecord Place – Branch Woods – Cleveland Township Ralph Drive , N Fred Circle and Berneze Court – Millennium Pointe Phase 2 – Boon Hill Township C 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 D Order to Advertise Tax Liens Pursuant to NCGS § 105 - 369 a and b1 , the total amount of unpaid real estate taxes for 2015 is 4,503,16979 as of January 31 , 2016 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 , 2016 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 2015 tax bills Page88 March 7 , 2016 – 10 00 am Continued E Town of Benson – Appointment to Planning Board Per the Town of Benson’s request , the Board appointed Thomas C Halikman , 10644 US Hwy 301 , Benson to the Benson Planning Board representing the ETJ area of the Town with a term expiring 12 31 2018 F Tax Releases & Refunds – 01 15 2016 – 02 15 2016 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 21 2016 2 48 54 PM LOCKBOX 2015 - 70551 67318820 PARRISH , CHARLES E 2,21082 1 21 2016 3 12 24 PM jgreene 2015 - 70551 67318820 PARRISH , CHARLES E 2,19711 1 21 2016 4 24 41 PM cfutch 2015 - 4919 2000161022 EASTWOOD HOMES OF RALEIGH 18200 LLC 1 25 2016 2 39 54 PM LOCKBOX 2015 - 52867 2000168983 LAMM , WAYNE ADKINS 63738 1 25 2016 2 39 54 PM LOCKBOX 2015 - 81078 2000107789 SARDELLO , ROBERT J 17045 1 25 2016 3 01 28 PM jgreene 2015 - 52867 2000168983 LAMM , WAYNE ADKINS 62947 1 26 2016 2 48 04 PM cfutch 2015 - 73231 2000047235 PILKINGTON , MARCUS SHANE 74623 1 28 2016 8 22 11 AM ONLINE 2015 - 6188 2000136586 BARAJAS , MUNOZ FERMIN 81090 1 28 2016 8 22 11 AM ONLINE 2015 - 11508 2000160265 BORJA , CRUZ MENJIBAR 86987 1 28 2016 8 22 11 AM ONLINE 2015 - 11509 2000155421 BORJA , CRUZ MENJIBAR 88997 1 28 2016 8 22 11 AM ONLINE 2015 - 11510 2000174767 BORJA , CRUZ MENJIVAR 77317 1 28 2016 8 22 11 AM ONLINE 2015 - 17368 2000026784 CARTER , JOSEPH L 1,05658 1 28 2016 8 22 11 AM ONLINE 2015 - 18412 2000171988 CENTURY LEASING INC 42870 1 28 2016 8 22 11 AM ONLINE 2015 - 46244 2000082234 JERNIGAN , JIMMIE D 65858 1 28 2016 8 22 11 AM ONLINE 2015 - 62892 2000143537 MENJIVAR , CRUZ 69606 1 28 2016 8 22 11 AM ONLINE 2015 - 74250 2000054891 PORTER , DALLAS 29088 1 28 2016 8 22 11 AM ONLINE 2015 - 79029 2000130882 ROE , DANIEL 16346 1 28 2016 8 22 11 AM ONLINE 2015 - 87886 2000058787 STEWART , MARJORIE R 89604 1 28 2016 8 22 11 AM ONLINE 2015 - 94182 2000158697 VASQUEZ , MARIA 76946 1 28 2016 8 22 11 AM ONLINE 2015 - 96913 2000053130 WELLS , LOUISE 84343 1 28 2016 2 34 13 PM LOCKBOX 2015 - 43269 2000088963 HOOKS , GARY R 49862 1 28 2016 2 58 07 PM cfutch 2015 - 43269 2000088963 HOOKS , GARY R 49104 1 29 2016 2 28 55 PM LOCKBOX 2015 - 200335 97844980 WOOD , MARCUS 34919 2 2 2016 2 09 39 PM cfutch 2014 - 19145 2000164057 CII METHANE MGMT IV LLC 11,09699 2 2 2016 2 23 06 PM cfutch 2015 - 19227 2000164057 CII METHANE MGMT IV LLC 9,30318 2 3 2016 1 15 21 PM awestbrook 2015 - 56430 2000147221 LEWIS , JEFFREY L 1,69214 2 4 2016 2 39 41 PM LOCKBOX 2015 - 101690 2000178295 WOODRUFF , JEAN HOLT LIFE 13000 ESTATE 2 5 2016 11 39 59 AM jmorrow 2016 - 200055 2000173086 SHIRLEY FAYE PARKER REAL 16334 ESTATE TRUST 2 9 2016 3 08 12 PM LOCKBOX 2015 - 63818 2000146595 MITCHELL , CHARLENE 1,60144 2 9 2016 3 08 12 PM LOCKBOX 2015 - 74693 2000118747 PREMIER ATHLETICS 17069 2 12 2016 2 33 16 PM LOCKBOX 2015 - 85413 81364840 SPAIN , ASHLEY GENE 83042 February 22 , 2016 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 16 to 02 15 16 Tax refunds - Personal Real Property 90035 Tax releases - Personal Real Property 64989 Motor Vehicle releases refunds 62030 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A Commissioner Ted G Godwin – County Aging Plan Commissioner Ted G Godwin reported that the Board of Commissioners discussed the draft County Aging Plan that has been under development recently at their work session on Friday , March 4 , 2016 He statedPage89 March 7 , 2016 – 10 00 am Continued the Board is seeking input from all interested parties with respect to the plan and for anyone that would like to comment on the plan to contact either himself , Commissioner Cookie Pope , Commissioner Allen L Mims , Jr , or Community & Senior Services Director Neal Davis B Update from EMS Advisory Committee Chairman Rudy Baker EMS Advisory Committee Chairman Rudy Baker stated he along with Committee Vice Chairman Joe David Austin and EMS Division Chief Josh Holloman recently visited all fourteen EMS sites in the County and he is pleased to report that Johnston County has an excellent EMS system Mr Baker stated the County’s EMS system is something the Board can be proud of Mr Baker also asked the Board to consider a centralized storage location for EMS and spoke on the advantages of having such a location He thanked the Board for their support 4 911 - Communications – Approval of Equipment Purchase for 911 CAD System Upgrade Director of 911 - Communications Jason Barbour requested the Board to approve the purchase of equipment software needed for the 911 CAD system refresh upgrade project from Data Network Solutions under State contract Mr Barbour reported the total cost of the project is 200,97570 and if the Board approves the purchase , staff requests the Board to also adopt a budget revision to cover the expenses for this project Mr Barbour stated this project is 100 eligible to be funded with 911 revenues Commissioner Cookie Pope commented on the restrictions associated with 911 revenues and stated she is pleased the County finally has a project that can be paid for with 911 revenues At the inquiry of Commissioner DeVan Barbour , Mr Barbour reported this project would be for the main 911 center in Smithfield as well as the backup center in Clayton Upon a question by Commissioner Allen L Mims , Jr , Mr Barbour stated pursuant to General Statutes , under the existing 911 revenue funding formula , counties are only allowed to carry 20 of their 911 operating capital forward Mr Barbour stated this project will spend some of those funds in turn helping the County to avoid being penalized by having too much in reserves at the end of the fiscal year Upon a question by Chairman Tony Braswell , Mr Barbour stated there have been a lot of expansions as to what the 911 revenues can be used for and he hopes to see more types of projects approved in the future so more of the money can be spent At the inquiry of Commissioner Jeffrey P Carver , Mr Barbour reported the equipment would be purchased from Data Network Solutions under State Contract Commissioner Allen L Mims , Jr moved the Board approve the purchase of the equipment software needed for the 911 CAD system refresh upgrade project from Data Network Solutions under State Contract at a total cost of 200,97570 and adopt the associated budget revision Commissioner Cookie Pope seconded the motion which carried by unanimous vote REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 45 52087400 Capital Outlay 200,00000 TOTAL NET EXPENDITURES 200,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 45 520833990 Fund Balance Appropriated 200,00000 TOTAL NET REVENUE 200,00000 5 Nursing Home Adult Care Home Community Advisory Board 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 Mr Parker stated the Committee’s responsibility is to visit all the long term care facilities in the County and apprisePage90 March 7 , 2016 – 10 00 am Continued 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 and try to get the community involved in the long term care situation in the County Mr Parker reported they currently have 20 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 five members on the Committee will have served 10 years at the completion of their current appointment Mr Parker introduced Committee Members Nacy Washington and Barbara Thornton in the audience Mr Parker reported the following on the facilities in the County 22 total facilities with a capacity of approximately 1190 residents 5 Skilled Nursing Facilities SNF - total capacity 695 residents - 40 nursing home beds are devoted to dementia care in SNFs 10 Adult Care Homes ACH , Assisted Living - total capacity 495 residents - 172 beds for dementia care in ACHs 7 Family Care Homes FCH - FCH have 6 or fewer residents - total capacity 39 residents Dementia care total capacity in all facilities 212 beds or approximately 18 Mr Parker informed the Board that two family care homes closed this past year with one of those actually merging with another facility under the same ownership in Wake County He stated two adult care homes closed with one of those abruptly shutting down without notice and displacing 30 residents Mr Parker commended the efforts of the Department of Social Services Staff as well as Regional Ombudsman Carolyn Pennington for working around the clock to place these individuals in other facilities Mr Parker stated he is pleased to report that a new family care home opened as well as one new skilled nursing facility in Clayton Mr Parker stated the new skilled nursing facility in Clayton is a top notch facility utilizing the community concept model with the look of a luxury hotel He stated he wished all facilities could be as good as this new facility 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 in need of upgrades and repairs , 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 stated any issue that poses harm or a threat to the resident is reported immediately to the Ombudsman or to a regulatory agency He stated in terms of resolving issues they encounter , they encourage communication between the staff and residents , but if a resident does not want to talk to the staff , then with that resident’s permission , the Committee members can talk to the staff or administrator about the concern 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 by providing religious services and entertainment Mr Parker stated the majority of residents are expressing satisfaction with the care they are receiving 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 six months Mr Parker reported that for 2015 the Committee teams conducted over 75 facility visits devoting more than 625 hours and logging more than 5,100 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 the Committee members continue to educate the public on the issues of long term care for the elderly by attending festivals to hand out literature and answering questions about long term care He stated Committee members are always available to speak with community groups upon request 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 called to the Board’s attention the new program called “ Music in Memory ” which is a nationally recognized program of personalized music for dementia patients Mr Parker stated the project is nowPagePage pageNumber591 March 7 , 2016 – 10 00 am Continued being undertaken in the County by five Johnston County Rotary Clubs following a successful fundraising phase Mr Parker stated three facilities have implemented the program and benefits to residents include happier and more social residents , improved relationships with staff and families , reduced behavioral issues , and reduced reliance on anti - psychotic medications Mr Parker stated it is hoped to bring the program to all facilities Mr Parker also stated with the upcoming elections , there are residents in long term care that wish to vote and the Committee has been working with the Johnston County Board of Elections to make sure that can be accomplished He noted the Committee is in the second revision of their Strategic Plan and changes to the plan include more in - service training , renewed efforts on recruiting , and working more closely with the Department of Social Services Mr Parker stated he is pleased that the Committee has developed good working relationships with facility staff and administrators and are seeing many of their suggestions being put into practice Mr Parker thanked Commissioner Chad M Stewart for his participation with the Committee and the Board for their support to the Committee members Commissioner Chad M Stewart thanked Mr Parker for his kind words and thanked the Committee for their service stating he is constantly amazed by their dedication Chairman Tony Braswell commended Mr Parker for his dedication to the issues facing the elderly population Chairman Braswell stated the Board sincerely appreciates all the members of the Committee 6 Public Utilities – 2015 Sewer Rehabilitation Project – Approval of State Revolving Fund Loan Director of Utilities Chandra Coats , PE , explained that in order to begin necessary sewer main inspections , in December 2015 , the Board of Commissioners adopted the capital budget for the 2015 Sewer Rehabilitation Project with the expectation of a Clean Water State Revolving Fund loan offer She explained the project included CCTV and inspection of approximately 34,500 LF of gravity sewer mains , flow isolation studies and rehabilitation , and repair or replacement of the necessary mains and manholes including Wilson Street , Buffalo Road , and Neuse River Interceptor areas Ms Coats reported the North Carolina Department of Environment and Natural Resources NCDENR has approved the project and has offered a Clean Water State Revolving Loan in the amount of 828,764 This is a 20 year loan with 169 interest Ms Coats requested the Board to adopt a resolution accepting the loan Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution accepting the loan for the 2015 Sewer Rehabilitation Project 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 amount of 828,764 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 Loan offer of 828,764 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 7 , 2016 , at Smithfield , North Carolina PagePage pageNumber692 March 7 , 2016 – 10 00 am Continued 7 Budget Revisions At the request of Finance Director and Assistant County Manager Chad McLamb , Commissioner Jeffrey P Carver moved the Board approve the following budget revisions , seconded by Commissioner Cookie Pope , and carried by unanimous vote Jail REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 52003601 SCAAP Expenditures 16,63000 TOTAL NET EXPENDITURES 16,63000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 520035139 SCAAP Revenue 16,63000 TOTAL NET REVENUE 16,63000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 17,03798 10 51003100 Fuels 1955 10 51003350 Supplies – Special – Sheriff 4,00000 10 51004300 Special Services 90760 10 51007414 Capital Outlay – Sheriff 24,55978 10 51007418 Capital Outlay – Drug Seizure 24,50000 TOTAL NET EXPENDITURES 71,02491 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 14,49078 10 510032509 Insurance Recovery 16,84798 10 510033099 Miscellaneous Revenue 5,11715 10 510034163 Federal Grant – Equipment 10,06900 10 510036119 Sale of Assets 24,50000 TOTAL NET REVENUE 71,02491 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61354655 Work First Transportation 1,59000 TOTAL NET EXPENDITURES 1,59000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 1,59000 TOTAL NET REVENUE 1,59000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101914 Wake Electric Roundup 1,94836 TOTAL NET EXPENDITURES 1,94836 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Administration 1,94836 TOTAL NET REVENUE 1,94836PagePage pageNumber793 March 7 , 2016 – 10 00 am Continued 8 Appointments Johnston County Airport Authority – Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board reappointed Tim Stevens and Ray Hales for four year terms to expire on March 31 , 2020 and granted Mr Hales a waiver in the length of service policy 9 Delinquent Tax Collection Report Tax Administrator Sheila Garner reported on the collection of delinquent taxes for the month of February 2016 She presented the following information Enforced Collections February 2016 YTD 15 16 Wage Garnishments 193 338 Bank Attachments 53 84 Levys 0 0 Foreclosures Complaints Filed February 2016 0 18 Pending Dollars Collected February 2016 11,48644 North Carolina State Income Tax Debt Setoff As of February 29 , 2016 5 Accounts 32023 YTD 15 16 13 Accounts 1,12931 As of February 29 , 2016 , the Tax Department has collected 9734 of the real and personal levy for 2015 The next foreclosure sale date is scheduled for March 30 , 2016 The registered motor vehicle collections for February 2016 are 977,53197 and YTD 15 - 16 is 7,986,21228 Ms Garner reported the delinquent 2015 tax liens will be advertised in March 10 Manager Reports and Comments None 11 Board Reports and Comments A Commissioner DeVan Barbour – Department of Social Services Update Commissioner DeVan Barbour updated the Board on matters involving the Department of Social Services Commissioner Barbour particularly spoke on the fact that Social Services has been seeing an increase in the number of temporary guardianships over adults noting that normally they used to average approximately 8 adult guardianships whereas now that number has increased to approximately 40 at any given time Commissioner Barbour spoke on the challenges and costs associated with adult guardianships noting that the Department of Social Services is held accountable for the behavior and wellbeing of the individuals who in some cases have been abandoned by their own families B Commissioner Allen L Mims , Jr – Request from Citizen Regarding the Sale of Malt Beverages Commissioner Allen L Mims , Jr noted the Commissioners had received a request from Ardie Lupton , Property Manager for Blackmon Property Group , asking for the Board to put on the next ballot for the citizens to vote on making malt beverages legal for sale in the County and asked staff for more information Staff reported that Ms Lupton had indicated she would be attending the meeting during Public Comment to formally make the request ; however , she was not in attendance Following brief discussion , County Attorney Jennifer Slusser reported the Town of Archer Lodge may also be looking into a similar referendum PagePage pageNumber894 March 7 , 2016 – 10 00 am Continued Jeremy Norris from Broadslab Distillery and Jason Ashworth from Mac’s General Merchandise addressed the Board and expressed their support for Ms Lupton’s request The Commissioners discussed putting the matter on the April regular agenda for further discussion and possible action Mr Norris formally requested the Board of Commissioners to place the matter on their April agenda for discussion At the request of the Commissioners , Ms Slusser stated she would research the matter and any necessary requirements prior to the discussion at the April regular meeting C Lunch with Cooperative Extension Chairman Tony Braswell announced the Board would be having lunch with Johnston County Cooperative Extension at 12 00 pm at the Johnston County Agricultural Building D Remembering Former First Lady Nancy Reagan Commissioner Cookie Pope asked everyone to remember the family of former First Lady Nancy Reagan as she passed away over the weekend Commissioner Pope stated Ms Reagan was a great lady whose life should be saluted There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 10 55 am ____________________________ Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage