May 2, 2016 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 178 Meeting of the Johnston County Board of Commissioners May 2 , 2016 10 00 am The Johnston County Board of Commissioners met in regular session Monday , May 2 , 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 Ted G Godwin opened the meeting with a prayer American Legion Post 270 of Smithfield 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 Jeffrey P Carver , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Chairman Tony Braswell asked for the Board to consider adding a Proclamation to the Consent Agenda recognizing the Neuse Charter School in celebration of National Charter Schools Week which is May 1 – 7 , 2016 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the consent agenda items as follows with the addition of the Proclamation recognizing Neuse Charter School included as Item G A Approval of Minutes – April 4 , 2016 10 00 am and 6 00 pm ; April 12 , 2016 Special Meeting 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 Sunbury Court – Corinth Crossing – Wilders Township C Call for Public Hearing – Proposed County Budget for FY 2016 - 2017 The Board scheduled a public hearing for the June 6 , 2016 10 00 am meeting to allow public comment on the proposed budget for FY 2016 – 2017 D Proclamation – Children’s Mental Health Awareness Day – May 5 , 2016 The Board adopted the following proclamation proclaiming May 5 , 2016 to be Johnston County Children’s Mental Health Awareness Day PROCLAMATION National Children’s Mental Health Awareness Day WHEREAS , addressing the complex mental health needs of children , youth , and families today is fundamental to the future of Johnston County , North Carolina ; andPage179 May 2 , 2016 – 10 00 am Continued WHEREAS , the need for comprehensive coordinated mental health services for children , youth , and families places upon our community a critical responsibility ; and WHEREAS , it is appropriate that a day should be set apart each year for the direction of our thoughts toward our children’s mental health and well - being ; and WHEREAS , the Johnston County Collaborative for Families , Youth and Children , through its unique approach to serving children and adolescents , is effectively caring for the mental health needs of children , youth , and families in our community NOW , THEREFORE WE , the Johnston County Board of Commissioners , do hereby proclaim May 5 , 2016 to be Johnston County Children’s Mental Health Awareness Day and urges our citizens and all agencies and organizations interested in meeting every child’s mental health needs to unite on that day in the observance of such exercises as will acquaint the people of Johnston County with the fundamental necessity of a year - round program for children and youth with mental health needs and their families nd Proclaimed this the 2 day of May , 2016 E Proclamation – Emergency Medical Services Week – May 15 - 21 , 2016 The Board adopted the following proclamation declaring May 15 - 21 , 2016 as Emergency Medical Services Week in Johnston County Proclamation Emergency Medical Services Week May 15 – 21 , 2016 WHEREAS , emergency medical services is a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day , seven days a week ; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury ; and WHEREAS , the emergency medical services system consists of emergency physicians , emergency medical technicians , paramedics , firefighters , educators , administrators , telecommunicators and others ; and WHEREAS , the members of emergency medical services teams , whether career or volunteer , engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills ; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week NOW , THEREFORE BE IT RESOLVED , that the Board of Commissioners of Johnston County , does hereby proclaim May 15 - 21 , 2016 as Emergency Medical Services Week in Johnston County , in recognition of this event Adopted this the 2nd day of May , 2016 F Tax Releases & Refunds – 03 16 2016 – 04 15 2016 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2013 1308 - 598351 1305 - 612622 LEIX , HILARY JEAN Overpayment 21762 2013 1308 - 598351 1305 - 612622 LEIX , HILARY JEAN Overpayment 21762 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 22 2016 1 34 01 PM ashleyheath 2016 - 200269 2000188040 WORLEY , RONALD EUGENE II 19172 3 31 2016 10 48 55 AM dwoodward2 2015 - 202725 40063320 HOLLAND , GERTRUDE D L 41264 3 31 2016 10 49 31 AM dwoodward2 2015 - 202724 40063320 HOLLAND , GERTRUDE D L 41628 3 31 2016 10 50 08 AM dwoodward2 2015 - 202723 40063320 HOLLAND , GERTRUDE D L 41628 3 31 2016 10 50 40 AM dwoodward2 2015 - 202722 40063320 HOLLAND , GERTRUDE D L 41628 4 1 2016 3 49 27 PM dwoodward2 2016 - 200298 2000120011 ADAMS , GLADYS M LIFE ESTATE 26527 4 1 2016 3 50 08 PM dwoodward2 2016 - 200299 2000175720 ADAMS , BOBBY G 26527 4 1 2016 3 50 45 PM dwoodward2 2016 - 200300 2000175720 ADAMS , BOBBY G 26527 4 15 2016 10 34 33 AM dwoodward2 2015 - 102992 2000179146 COATS , DANNY WADE 14713 4 15 2016 10 35 11 AM dwoodward2 2014 - 200937 2000179146 COATS , DANNY WADE 14713 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 16 2016 11 23 25 AM jmorrow 2015 - 78619 2000034065 ROBERTS , ANTHONY L 20377 3 16 2016 11 57 13 AM jmorrow 2015 - 1425 2000157565 AKSAVRIN , BERRIN BOZOGLU 12500 3 17 2016 12 23 27 PM jmorrow 2015 - 26895 2000070224 DOBBIN , THELMA C 38215 3 23 2016 3 45 57 PM jmorrow 2015 - 104065 2000181542 TYRONE WILLIAMS TRUCKING 31848Page180 May 2 , 2016 – 10 00 am Continued 3 28 2016 1 44 34 PM jmorrow 2015 - 89019 2000166260 SULLIVAN , RUTH F 22156 3 30 2016 2 00 41 PM jmorrow 2015 - 59551 2000089826 MASSENGILL , JAMES EARL 29795 4 1 2016 2 22 22 PM LOCKBOX 2014 - 45841 2000019200 JENKINS , JOHN I 23158 4 1 2016 2 22 22 PM LOCKBOX 2014 - 45846 43587660 JENKINS , LENWOOD M 1,25137 4 4 2016 2 24 05 PM awestbrook 2015 - 14074 2000152077 BRUSE , KIMBERLY ANNE 37375 4 4 2016 2 37 24 PM tcronan 2015 - 5913 2000064152 BAKER , WILLIAM 1,50000 4 4 2016 2 44 16 PM tcronan 2015 - 5913 2000064152 BAKER , WILLIAM 1,20000 4 4 2016 2 47 47 PM tcronan 2015 - 49418 2000100156 JONES , JOSEPH 82200 4 4 2016 4 34 57 PM awestbrook 2015 - 200763 2000068280 PEACOCK , KIMBERLY LEE 21491 4 5 2016 2 38 25 PM LOCKBOX 2015 - 66034 2000090698 MUZAK LLC 12108 4 6 2016 8 41 31 AM ONLINE 2015 - 93425 2000175516 TYLER , CHARLES PHILLIP 3,91769 4 6 2016 8 43 20 AM jgreene 2015 - 93425 2000175516 TYLER , CHARLES PHILLIP 3,90186 4 7 2016 11 48 46 AM jmorrow 2015 - 74233 2000129174 POPPLE , AARON S 25304 4 8 2016 12 52 58 PM jmorrow 2015 - 34913 2000059250 GODWIN , ALVIN J 25351 4 11 2016 2 16 55 PM jmorrow 2015 - 95594 2000086399 WARD , JAMES 10180 4 13 2016 8 33 47 AM ONLINE 2015 - 63237 2000182824 PARRISH , GINGER SUE 57968 4 13 2016 9 29 36 AM ONLINE 2015 - 63237 2000182824 PARRISH , GINGER SUE 57968 4 13 2016 2 37 47 PM LOCKBOX 2015 - 26669 2000036161 DIXON , MICHAEL ANTHONY 87196 4 15 2016 11 06 15 AM jmorrow 2015 - 27528 2000026247 DUBLIN , MICHAEL DAVID 18866 4 15 2016 1 05 04 PM jmorrow 2015 - 41331 2000135024 HINNANT , GLORIA 21164 North Carolina Vehicle Tax System - Pending Refund Report – March 2016 100 + Payee Name Bill # Transaction Refund Total Change # Reason DILLO , DIANE 0030494058 89424944 Situs error 000 MICHAELSON 10705 1690 3568 12583 SMALL , 0030176283 65009439 Adjustment 6942 SAMUEL 4895 WADE 000 11837 WHITLEY , 0030549034 44806164 Processed 18718 JOSEPH In Error 1200 19918 WRAY , DAVID 0030306816 43764758 Military 6834 MICHAEL 4732 11566 April 21 , 2015 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 03 15 16 to 04 15 16 Tax refunds - Personal Real Property 1,19559 Tax releases - Personal Real Property 36240 Motor Vehicle releases refunds 25687 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb G Proclamation – Neuse Charter School – National Charter Schools Week adopted as follows Proclamation Neuse Charter School - National Charter Schools Week May 1 – 7 , 2016 WHEREAS , The North Carolina Office of Charter Schools provides quality public school options for North Carolina students , families , and communities through the application and lottery process ;Page181 May 2 , 2016 – 10 00 am Continued comprehensive performance oversight ; meaningful support of schools ; and active engagement of stakeholders ; and WHEREAS , Johnston County parents and families have a public charter school option from which to choose from Kindergarten through High School ; and WHEREAS , Neuse Charter School is successful in educating and graduating 87 of the Senior Class with 91 of those graduates being accepted to college ; and WHEREAS , The Class of 2016 is thus far awarded 29 million in college scholarships NOW , THEREFORE WE , the Johnston County Board of Commissioners do hereby recognize the Neuse Charter School in celebration of National Charter Schools Week from May 1 – 7 , 2016 nd Adopted this the 2 day of May 2016 3 Public Comments A Vietnam War Remembrance Ceremony Veterans Services Advisory Board Chairman Rudy Baker informed everyone of a Vietnam War Remembrance Ceremony that will be held on Saturday , May 7 , 2016 at 10 30 am at the Airborne & Special Operations Museum located in Fayetteville , North Carolina Mr Baker invited the Commissioners to attend and asked for them to let him know as soon as possible if they planned to B Neuse Charter School Neuse Charter School Executive Director Dr Julie Jailall thanked the Board of Commissioners for adding the proclamation to the Consent Agenda recognizing Neuse Charter School Dr Jailall introduced Parent Wendy Dunn , Curriculum Coach Amy Turnbaugh , and Board of Directors Member Chris Johnson accompanying her to the meeting Dr Jailall thanked the parents of the children from Neuse Charter for choosing the school to educate their children as well as the teachers , staff , and Board of Directors for their work She expressed her appreciation to the Board of Commissioners for adopting the proclamation stating it tells Neuse Charter that the Commissioners recognize their value and importance Dr Jailall provided the Board with statistics from Neuse Charter noting they currently have over 80 full time staff members educating over 850 students in grades K – 12 with over 400 families on the waiting list Dr Jailall stated they look forward to working with the Board of Commissioners in the future Board of Directors Member Chris Johnson thanked the Board of Commissioners for their support to Neuse Charter School Mr Johnson stated Neuse Charter School opened in 2007 and they are very excited to partner with two new charter schools that will be opening in the County in the future Mr Johnson stated unlike traditional schools , charter schools only receive approximately 70 cents for every 100 traditional schools receive and he feels the taxpayers of Johnston County are getting the most for their money with Neuse Charter Mr Johnson thanked Dr Jailall for her work noting that she will be retiring in the next couple of weeks In response to questions from Commissioners , Mr Johnson explained they accept new students via a lottery system pursuant to State Statutes and he explained how the lottery system works Mr Johnson stated it is his understanding from media reports that two new charter schools will be opening soon near the Clayton area C Upcoming Health Department Events and Recognition of Environmental Health Director Larry Sullivan Health Director Dr Marilyn Pearson announced that the Health Department will be holding a Human Services Expo on August 24 , 2016 from 1 00 pm until 5 00 pm at the Agricultural Building in Smithfield Dr Pearson stated the event is an effort to inform citizens of all the services that are available to them Dr Pearson also reported the Active Routes to School Program will be holding bike and walk to school day events soon and interested citizens can contact the Health Department for more information She encouraged citizens to participate Dr Pearson thanked the Board of Commissioners for their support to public health in Johnston County Dr Pearson recognized Environmental Health Director Larry Sullivan on recently being named Environmental Health Supervisor of the Year by the North Carolina Environmental Health Supervisors Association Dr Pearson stated Mr Sullivan began his service with the Health Department in 1971 as a Health Educator in the Preventive Health Division and moved up through the ranks to eventually become the Director of the Environmental Health Division PagePage pageNumber5182 May 2 , 2016 – 10 00 am Continued Mr Sullivan thanked everyone for the recognition stating it is an honor to be recognized by his peers Mr Sullivan stated he would not have been able to receive the honor were it not for the good staff and good administration in Johnston County Mr Sullivan stated this is his last year working with Johnston County but he hopes to continue to be supportive The Board congratulated Mr Sullivan on the honor and commended him for his longtime service to Johnston County and the citizens D Citizen Comments – Jennifer Liverman Jennifer Liverman , 428 Bennett Drive , Selma , asked Chairman Tony Braswell if he supported the use of eminent domain against private property owners in the Four Oaks area for a CSX Hub Ms Liverman also asked Chairman Braswell if he had received a letter from Four Oaks Mayor Linwood Parker regarding such a project Chairman Tony Braswell stated there has been no proposal put before the Board of Commissioners in regards to a project in the Four Oaks area ; therefore , he cannot speculate on something that may or may not happen Chairman Braswell stated he has not received a letter from Mayor Linwood Parker 4 JoCo Teen Drivers – Upcoming Activities and “ Drive to Live ” Event Alexis Thrash from North Johnston High School and Abigail Hartley from West Johnston High School addressed the Board regarding upcoming activities and this year’s “ Drive to Live ” event Miss Hartley stated JoCo Teen Drivers has allowed her to be a part of many things that have helped spread awareness about safe teen driving throughout the school and her community including multiple press conferences Miss Hartley stated last year , North Carolina reported the most roadway deaths in the State since 2008 which caused North Carolina to join the National Toward Zero Death Movement by creating a Vision Zero Program focusing on two concepts Those concepts are 1 that no death on the road is acceptable ; and 2 that the loss of human life is not an embeddable cost of mobility Miss Hartley provided the Board with an overview of the Vision Zero Program and how JoCo Teen Drivers became involved Miss Hartley also reported that JoCo Teen Drivers was involved with the North Carolina Highway Patrol when they kicked off their Annual Drive to Live campaign at West Johnston High School last month She explained the Drive to Live campaign is geared towards reducing teen collisions especially around prom season and the end of the school year Miss Hartley stated during the Drive to Live campaign , the Highway Patrol enforced all traffic laws around the State schools from 6 00 am until 5 00 pm every day and conducted traffic safety education programs during the week of the campaign She reported although the campaign was only scheduled to last one week , those efforts will continue throughout the year Miss Hartley also reported on a crash simulator which visited West Johnston High School giving students the opportunity to experience the effects of texting and driving , speeding , or dangerous weather while driving Miss Hartley thanked the Commissioners for their continued support with JoCo Teen Drivers Miss Thrash addressed the Board and announced that JoCo Teen Drivers will have a booth at this year’s th Ham & Yam Festival in Smithfield being held on May 7 and she invited everyone to visit the booth Miss Thrash stated games and giveaways are planned as well in an effort to promote awareness Miss Thrash spoke on a mock car crash recently held at North Johnston High School which was an eye - opener for many students She stated the event made everyone think about how their decisions while driving can affect their lives and the lives of others Miss Trash thanked everyone that had a part of the event including North Johnston High School Resource Officer Bailey , the Kenly Fire Department , Johnston County EMS , the Johnston County Sheriff’s Office , the North Carolina Highway Patrol , the Micro Fire Department , and Mike’s Body Shop Commissioner Chad M Stewart commented that teens are more effective at getting the message across to other teens The Board thanked Miss Hartley and Miss Thrash for updating them and thanked all those involved with JoCo Teen Drivers 5 Juvenile Crime Prevention Council – Proposed Budget for Fiscal Year 2016 - 2017 The Honorable Judge Addie Rawls , Juvenile Crime Prevention Council JCPC Chair , presented thePagePage pageNumber6183 May 2 , 2016 – 10 00 am Continued Council’s proposed budget for Fiscal Year 2016 – 2017 and requested its approval The State’s allocation for Fiscal Year 2016 – 2017 is anticipated to be 251,231 , and the JCPC is requesting 57,000 from the County for the upcoming year Judge Rawls introduced JCPC Member Scott Tart and Youth Services Director Deborah Bolin in the audience accompanying her Judge Rawls reviewed with the Board the proposed funding amounts for each of the programs that receive JCPC support , as follows We are mandated by statute to recommend to the Board of County Commissioners funding for dispositional alternatives for sentencing juveniles who have been adjudicated delinquent or undisciplined Currently , it costs each individual county 12200 per day for a juvenile that is held in detention and the State 126,401 per year for each juvenile that is committed to a Youth Development Center , formerly known as training school Currently Johnston County has at least 1 committed in training school There are three levels of sanctions Level 1 includes community service , restitution , emergency home shelter and community based programs that target changing the negative behavior of delinquent youth Level 2 sanctions include community service and restitution , structured day and other out of home placements Level 3 is commitment to training school We recommend funding for the following programs Johnston County Youth Services This program has several components The Structured Day Program is used for juveniles who have been short and long term suspended from school and are on juvenile probation This a Level 2 sanction and is frequently used by the Court to prevent further delinquent behavior of youth suspended from the school system The actual cash money requested from the County is used to pay for the instructor in this program The State funds will not pay for an instructor and this program cannot exist without an instructor The next component is New Directions , which is a Guided Growth Program with a male group that meets twice a week and a female group that meets twice a week This program will address the needs of juveniles by providing mentors and counselors to deal with anger management , conflict resolution and problem solving The third component is Restoration Alternatives , a program that provides community service and restitution It is one of our most used programs and it actually provides restitution to victims of crimes The juveniles perform contract work for the citizens of Johnston County and the money paid is applied towards that juvenile’s court obligations The program coordinator of this program actually works on site with the juveniles and has limited part - time help Recommended Funding 204,261 , plus anticipated 39,000 county funds for instructor Healthy Choices This program will provide an environment for at - risk juveniles to become receptive to exploring their dysfunctional behavior and initiate change The means through which services are provided include group intervention , group activities , case management , and coordination with families , schools , social service agencies , and the courts A Nationally recognized curriculum is presented in a group setting focusing on a variety of possible deficits , including but not limited to , conflict resolution , anger management , social skills training , assertiveness training , and substance abuse Healthy Choices currently accepts children from all youth serving agencies in the County Recommended Funding 25,970 Preparing To Soar Teen Court Teen Court provides an alternative to prosecution of youth between the ages of 11 - 17 Youth are sanctioned with constructive sentences by a jury of their peers This program trains volunteers as courtroom clerks , bailiffs , jurors , defense and prosecuting attorneys Recommended Funding 18,000 , plus anticipated 18,000 county funds Administrative Budget These are funds set aside to cover the expenses of the committee which includes salary of the administrative assistant , mail and other administrative costs As a committee we must advertise the availability of funds and meet at the very least on a monthly basis We currently have at least ten meetings per year and minutes are taken at these meetings Additionally , we provide for community awareness through conferences , yearly achievement recognitions of juveniles in our programs , training , and expenses of the board members The State allows us to set aside up toPagePage pageNumber7184 May 2 , 2016 – 10 00 am Continued 15,000 , but we only allocate a minimum amount Any overage is usually allocated back to our programs Recommended Funding 3,000 Please note We have not increased our request of county matching funds Most of the 20 match required by each program is through in - kind services Our programs have gone out of their way to find other sources to meet the 20 match with the exception of 39,000 which is used to pay for the following Instructor in Structured Day Program ; Community Service Restitution Assistant ; also to help pay for increased transportation expenses and utilities Total Anticipated Amount from State 251,231 Total Anticipated Requested from County 57,000 Judge Rawls recognized and thanked Commissioner Chad M Stewart for his representation and participation on the JCPC She stated the JCPC is in the process of reviewing their bylaws for possible amendments to be more consistent with other programs across North Carolina and those amendments would be sent to the Board of Commissioners for approval when ready Commissioner DeVan Barbour asked for an update on the Preparing to Soar Teen Court Program Judge Rawls stated the Preparing to Soar Teen Court Program is doing well , providing a very valuable service , and she feels very comfortable with funding being allocated towards its continuance Judge Rawls spoke on the success of the program as well as the volunteerism they have received At the inquiry of Commissioner Allen L Mims , Jr , Judge Rawls requested the Board to approve the JCPC’s budget with the match from the County being 57,000 understanding that this is an anticipated amount and is based on the final adoption of the County’s Fiscal Year 2016 - 2017 budget Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the Juvenile Crime Prevention Council’s proposed budget for Fiscal Year 2016 - 2017 ; and further approved the 57,000 County allocation request , pending final adoption of the County Budget for Fiscal Year 2016 - 2017 6 Department of Social Services – Proclamation for Elder Abuse Awareness Day Department of Social Services Adult Services Supervisors Wendy Whitfield and Angie Brinkley requested the Board to adopt a proclamation proclaiming June 13 , 2016 as Elder Abuse Awareness Day in Johnston County Ms Whitfield stated the issue of elder abuse is a growing epidemic across the country and they hope to bring awareness to the problem She recognized members from the Elder Abuse Committee who are also Adult Services Social Workers with DSS including Teresa Gardner , Ragan Ham , Melony Gupton , Charity Pate , and Kelly Freese Ms Brinkley read from a press release regarding the second annual Elder Abuse Awareness Walk to be held on June 13 , 2016 She stated every year an estimated 5 million , or 1 in 10 , older Americans are the victims of elder abuse , neglect or exploitation Locally , Johnston County received over 350 reports of abuse , neglect , or exploitation in 2015 Ms Brinkley stated June is World Elder Abuse Awareness Month which is a call to action for individuals , organizations , and communities to raise awareness about elder abuse Ms Brinkley invited th everyone to attend the second annual Elder Abuse Awareness Walk on June 13 with registration beginning at 5 00 pm at the Neuse River Amphitheatre Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following proclamation for Elder Abuse Awareness Day Proclamation Elder Abuse Awareness Day June 13 , 2016 Whereas , Johnston County includes over 17,000 citizens age 65 and older that deserve to live safely with dignity and as independently as possible , with the supports they need ; and Whereas , elder abuse is most often defined as any act that harms a senior or jeopardizes his or her health , safety or welfare ; andPagePage pageNumber8185 May 2 , 2016 – 10 00 am Continued Whereas , Johnston County’s older population is a vital , important part of the community that contributes to the social and cultural education of future generations ; and Whereas , identifying , reporting and eliminating abuse , neglect and exploitation to older persons is each community’s responsibility ; and Whereas , all residents should watch for signs of physical abuse , withdrawal , depression , anxiety , fear , and living without necessities such as food , heat , air and medicine and make it known to proper institutions Now Therefore We , the Johnston County Board of Commissioners do hereby proclaim June 13 , 2016 as Elder Abuse Awareness Day in Johnston County and encourages everyone to commit to protecting the safety and future of our older citizens nd Adopted this the 2 day of May , 2016 7 Public Library of Johnston County & Smithfield – Update on Recent Grant Awards Public Library of Johnston County and Smithfield Director Margaret Marshall informed the Board of two recent grant awards that were announced last spring She stated the Library received two Library Services and Technology Act Grants which are federally funded by the Institute of Museum and Library Services and locally administered by the State Library of North Carolina which is a Division of the Department of Natural and Cultural Resources Ms Marshall reported the first grant was a Literacy and Lifelong Learning Grant in the amount of 43,200 that allowed the Library to bring literacy services to Johnston County Ms Marshall explained that Johnston County does not have a Literacy Council ; however , they began partnering with the existing Literacy Council in Harnett County She stated the partnership has now formed a new Council called Triangle South Literacy Works which supports Johnston County , Harnett County , and Sampson County Ms Marshall stated through the grant , they were able to purchase 90 literacy books , two iPads along with a lockable file cabinet for storage for each of the partners , and five smart boards Ms Marshall stated she is pleased to report that the Learning Lab in Smithfield has been booked regularly by tutors ever since it opened last month Ms Marshall reported the second grant was a North Carolina Cardinal Migration Grant in the amount of 54,762 that will allow the Library to join the statewide North Carolina Cardinal Library Consortium , giving them access to over 55 million items statewide Ms Marshall reported this consortium will continue to grow each year , generally adding about three or four libraries annually , providing even more materials Ms Marshall th stated the “ go live ” date for joining the consortium will be May 19 , 2016 and they will be the 27 library to join th th She noted the Library will offer limited services from May 16 – 18 in preparation to join the consortium Ms Marshall stated the Library is excited to be offering these new services to the citizens and she offered to answer any questions The Board thanked Ms Marshall for the information and congratulated the Library on the grant awards 8 911 - Communications – Acquisition of Property at Repeater Sites Johnston County 911 - Communications Assistant Director Brett Renfrow requested the Board to approve two Bills of Sale between the County of Johnston and Alltel Communications , LLC d b a Verizon Wireless Mr Renfrow stated the personal property generators and temporary building structures are located at tower sites in Benson and Smithfield and Verizon no longer needs the property and is willing to transfer it to the County for the sum of 1000 per site Mr Renfrow stated the property will be used to support existing 800 MHZ repeater sites He offered to answer any questions Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried unanimously , the Board approved the following Bills of Sale for the equipment BILL OF SALE THAT , for and in consideration of the sum of Ten Dollars 1000 , and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , ALLTEL COMMUNICATIONS , LLC d b a Verizon Wireless , a Delaware limited liability company “ Seller ” , hereby sells , transfers , conveys , assigns and delivers to COUNTY OF JOHNSTON , a body politic organized and existing in the State of North Carolina “ Buyer ” , to have and to hold for its own use and benefit forever , and Buyer hereby purchases , accepts and acquires from Seller , all of Sellers right , title and interest in the furniture , fixtures , and equipment listed in Exhibit A together , the “ Personal Property ” which is , as of the date hereof , located at NC 50 , Benson , North Carolina 27504 the “ Premises ” The Premises was previously leased by Buyer pursuant to that certain Site Designation Supplement and Tower Lease Agreement dated July 2 , 2001 , as amended the Lease The Lease has been terminated or will be terminated by Buyer and Seller pursuant to a separate agreement Buyer acknowledges and agrees that notwithstanding anything in the Lease to the contrary , including , without limitation , any obligation on the part of Seller to remove the Personal Property from the Premises and restore the PremisesPagePage pageNumber9186 May 2 , 2016 – 10 00 am Continued to its original condition upon the expiration or termination of the Lease , Buyer and Seller have agreed that the Personal Property shall remain at the Premises Accordingly , Seller shall have no obligation to remove the Personal Property or otherwise restore the areas of the Premises within which the Personal Property is located Buyer hereby accepts the Sellers surrender of the Premises in the condition as it exists as of the date hereof As of the date hereof , Seller warrants to Buyer that i Seller is the owner of the full legal and beneficial title to the Personal Property , ii Seller has the good and lawful right to sell the Personal Property , and iii that good and marketable title to the Personal Property is hereby vested in Buyer To the extent allowed by law , this is the only warranty that Seller makes with respect to the Personal Property Buyer acknowledges that the Personal Property including associated supplies may be regulated under laws relating to the protection of human health and the environment Buyer further acknowledges that it is the Buyer’s responsibility to comply with all applicable government requirements and to take all steps necessary to protect its employees and others who may be exposed to the regulated components of the Personal Property Buyer acknowledges that the Personal Property may be regulated for many reasons including , but not limited to a The Personal Property may have associated registration , permit , license , certification , reporting , closure , notification and or other requirements in order to maintain , operate , service , remove , relocate , remove and or dispose of the Personal Property ; b The Personal Property may contain or operate with chemicals or components that contain materials or substances that are deemed toxic and or hazardous under a Federal , State or local law and which may have the potential to cause injury to employees and or the environment ; c The Personal Property may have the potential for causing harm if operated or maintained improperly or without taking appropriate safety precautions ; and or d The Personal Property may also be subject to other regulatory requirements Exhibit B lists some of the types of regulated Personal Property that may be transferred hereunder Buyer acknowledges that this list is provided for informational purposes only It is not intended to specifically list any or all of the regulated Personal Property located in the Premises , but is only a sample of the types of regulated Personal Property typically located in premises leased by Seller It is possible that other types of regulated Personal Property and materials are being transferred to Buyer , and it is Buyer’s responsibility to determine any and all regulatory requirements associated with the Personal Property and to comply with any and all such requirements If any of the regulated Personal Property requires permits , registrations or other notifications and or actions by or to the government collectively , Regulatory Requirements , then Buyer agrees that it shall , within the time period allowed by law but in any case not more than thirty 30 days , file any and all documentation and pay any fees necessary to meet the applicable Regulatory Requirements and this shall include all actions necessary to assure that Buyer , and not Seller , is named as the owner of and person responsible for such Personal Property Buyer hereby accepts the assignment of any Regulatory Requirements related to the Personal Property as of the date hereof or as soon after the date hereof as is permitted by the applicable governmental regulations and laws In the event that the assignment of the Regulatory Requirements to Buyer does not become effective as of the date hereof , and only to the extent allowable by North Carolina law , Buyer shall indemnify and hold harmless Seller and its parent , affiliate and subsidiary companies from any liability relating to the Regulatory Requirements from and after the date hereof , including , without limitation , any penalties for non - compliance with the Regulatory Requirements The Personal Property is not new , and Buyer acknowledges and agrees that Seller and Sellers employees , agents and representatives have not made any express or implied representations , statements , or inducements about the condition of the Personal Property or the uses or operation thereof Without limiting the foregoing , Seller shall not be liable for or be bound by any oral or written statements or representations pertaining to the condition or use of the Personal Property , or any other information respecting same furnished by Seller or any employee , agent or representative of Seller or other person purportedly representing Seller Buyer has had the opportunity to independently examine the Personal Property and to satisfy itself of the condition of the Personal Property Buyer hereby accepts the Personal Property “ AS IS ” and at its own risk From and after the date hereof , and only to the extent allowable by North Carolina law , Buyer agrees to indemnify and hold Seller and its parent , affiliate and subsidiary companies harmless from any and all liability in connection with the transfer , ownership , operation , maintenance and all use of the Personal Property , including , but not limited to , claims arising out of the compliance status of the Personal Property , exposures to hazardous substances and the ultimate disposal of the Personal Property Except as may be required by law and the above warranty with respect to title , SELLER DISCLAIMS ALL WARRANTIES FOR THE PERSONAL PROPERTY WHETHER EXPRESS OR IMPLIED , INCLUDING , BUT NOT LIMITED TO , ANY WARRANTIES THAT THE PERSONAL PROPERTY IS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE This Bill of Sale shall inure to the benefit of Buyer , its successors and assigns IN WITNESS WHEREOF , the parties have caused this Bill of Sale to be executed and delivered this ______ day of ________________ , 2016 SELLER BUYER ALLTEL COMMUNICATIONS , LLC COUNTY OF JOHNSTON d b a Verizon Wireless NORTH CAROLINA By _____________________________ By ______________________________ Name _____________________________ Name Title _____________________________ Title Page0187 May 2 , 2016 – 10 00 am Continued EXHIBIT A THE PERSONAL PROPERTY Building , 12 ’ x 28 ’ 9 ’ H , serial number RES01599 Generator , model # 50DGCA , serial number C920455723 EXHIBIT B LIST OF REGULATED EQUIPMENT TYPICALLY LOCATED IN SELLER PREMISES Potentially Regulated Equipment and Constituents The following list contains Personal Property that may be covered by the Bill of Sale that may contain toxic , hazardous or otherwise regulated substances The list is not intended to be all - inclusive ? Generators o Oils o Fuel o Glycols o Heavy Metal Electrical Components ? Above Ground Underground Storage Tanks o Fuel o Heavy Metal Electrical Components ? Batteries o Sulfuric Acid Electrolyte Solution o Lead Cadmium Plates ? Modular Stand - Alone Air Conditioning Units o Glycols o Heavy Metal Electrical Components o HCFC Refrigerants ? HVAC Systems o Glycols o Heavy Metal Electrical Components o HCFC Refrigerants o Scale Inhibitors Biocides ? Computers VDTs and Electrical Components o Heavy Metal Circuitry Solders o Leaded Glass Phosphorus Coated Glass ? Fire Suppression System o Halon Potential Registrations and or Permits The following is a list of Personal Property that may be covered by the Bill of Sale that may require a registration and or permit The list is not intended to be all - inclusive with respect to the type of actions required or the Personal Property that is subject to either the listed actions or other actions o Above Ground Underground Storage Tank Registration and Municipal Fire Marshal Permits ; o Generator Registration and or Air Emissions Operating Permits ; o Hazardous Materials Inventory Reporting , Permits and Emergency Response Plans ; and o Spill Control and Countermeasure Plans BILL OF SALE THAT , for and in consideration of the sum of Ten Dollars 1000 , and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , ALLTEL COMMUNICATIONS , LLC d b a Verizon Wireless , a Delaware limited liability company “ Seller ” , hereby sells , transfers , conveys , assigns and delivers to COUNTY OF JOHNSTON , a body politic organized and existing in the State of North Carolina “ Buyer ” , to have and to hold for its own use and benefit forever , and Buyer hereby purchases , accepts and acquires from Seller , all of Sellers right , title and interest in the furniture , fixtures , and equipment listed in Exhibit A together , the “ Personal Property ” which is , as of the date hereof , located at 70 Yelverton - Grove Road , Smithfield , North Carolina 27577 the “ Premises ” The Premises was previously leased by Buyer pursuant to that certain Site Designation Supplement and Tower Lease Agreement dated November 1 , 2001 , as amended the Lease The Lease has been terminated or will be terminated by Buyer and Seller pursuant to a separate agreement Buyer acknowledges and agrees that notwithstanding anything in the Lease to the contrary , including , without limitation , any obligation on the part of Seller to remove the Personal Property from the Premises and restore the Premises to its original condition upon the expiration or termination of the Lease , Buyer and Seller have agreed that the Personal Property shall remain at the Premises Accordingly , Seller shall have no obligation to remove the Personal Property or otherwise restore the areas of the Premises within which the Personal Property is located Buyer hereby accepts the Sellers surrender of the Premises in the condition as it exists as of the date hereof As of the date hereof , Seller warrants to Buyer that i Seller is the owner of the full legal and beneficial title to the Personal Property , ii Seller has the good and lawful right to sell the Personal Property , and iii that good and marketable title to the Personal Property is hereby vested in Buyer To the extent allowed by law , this is the only warranty that Seller makes with respect to the Personal Property Page1188 May 2 , 2016 – 10 00 am Continued Buyer acknowledges that the Personal Property including associated supplies may be regulated under laws relating to the protection of human health and the environment Buyer further acknowledges that it is the Buyer’s responsibility to comply with all applicable government requirements and to take all steps necessary to protect its employees and others who may be exposed to the regulated components of the Personal Property Buyer acknowledges that the Personal Property may be regulated for many reasons including , but not limited to a The Personal Property may have associated registration , permit , license , certification , reporting , closure , notification and or other requirements in order to maintain , operate , service , remove , relocate , remove and or dispose of the Personal Property ; b The Personal Property may contain or operate with chemicals or components that contain materials or substances that are deemed toxic and or hazardous under a Federal , State or local law and which may have the potential to cause injury to employees and or the environment ; c The Personal Property may have the potential for causing harm if operated or maintained improperly or without taking appropriate safety precautions ; and or d The Personal Property may also be subject to other regulatory requirements Exhibit B lists some of the types of regulated Personal Property that may be transferred hereunder Buyer acknowledges that this list is provided for informational purposes only It is not intended to specifically list any or all of the regulated Personal Property located in the Premises , but is only a sample of the types of regulated Personal Property typically located in premises leased by Seller It is possible that other types of regulated Personal Property and materials are being transferred to Buyer , and it is Buyer’s responsibility to determine any and all regulatory requirements associated with the Personal Property and to comply with any and all such requirements If any of the regulated Personal Property requires permits , registrations or other notifications and or actions by or to the government collectively , Regulatory Requirements , then Buyer agrees that it shall , within the time period allowed by law but in any case not more than thirty 30 days , file any and all documentation and pay any fees necessary to meet the applicable Regulatory Requirements and this shall include all actions necessary to assure that Buyer , and not Seller , is named as the owner of and person responsible for such Personal Property Buyer hereby accepts the assignment of any Regulatory Requirements related to the Personal Property as of the date hereof or as soon after the date hereof as is permitted by the applicable governmental regulations and laws In the event that the assignment of the Regulatory Requirements to Buyer does not become effective as of the date hereof , and only to the extent allowable by North Carolina law , Buyer shall indemnify and hold harmless Seller and its parent , affiliate and subsidiary companies from any liability relating to the Regulatory Requirements from and after the date hereof , including , without limitation , any penalties for non - compliance with the Regulatory Requirements The Personal Property is not new , and Buyer acknowledges and agrees that Seller and Sellers employees , agents and representatives have not made any express or implied representations , statements , or inducements about the condition of the Personal Property or the uses or operation thereof Without limiting the foregoing , Seller shall not be liable for or be bound by any oral or written statements or representations pertaining to the condition or use of the Personal Property , or any other information respecting same furnished by Seller or any employee , agent or representative of Seller or other person purportedly representing Seller Buyer has had the opportunity to independently examine the Personal Property and to satisfy itself of the condition of the Personal Property Buyer hereby accepts the Personal Property “ AS IS ” and at its own risk From and after the date hereof , and only to the extent allowable by North Carolina law , Buyer agrees to indemnify and hold Seller and its parent , affiliate and subsidiary companies harmless from any and all liability in connection with the transfer , ownership , operation , maintenance and all use of the Personal Property , including , but not limited to , claims arising out of the compliance status of the Personal Property , exposures to hazardous substances and the ultimate disposal of the Personal Property Except as may be required by law and the above warranty with respect to title , SELLER DISCLAIMS ALL WARRANTIES FOR THE PERSONAL PROPERTY WHETHER EXPRESS OR IMPLIED , INCLUDING , BUT NOT LIMITED TO , ANY WARRANTIES THAT THE PERSONAL PROPERTY IS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE This Bill of Sale shall inure to the benefit of Buyer , its successors and assigns IN WITNESS WHEREOF , the parties have caused this Bill of Sale to be executed and delivered this ______ day of ________________ , 2016 SELLER BUYER ALLTEL COMMUNICATIONS , LLC COUNTY OF JOHNSTON d b a Verizon Wireless NORTH CAROLINA By _____________________________ By ______________________________ Name _____________________________ Name Title _____________________________ Title EXHIBIT A THE PERSONAL PROPERTY Shelter Andrews Concrete Shelter Model FCS 1228 12 10 Serial No 20000 0117 Generator Cummins Onan GenSet Model No 50DGCA Gen S N H900338652Page2189 May 2 , 2016 – 10 00 am Continued Engine Model 4BT - 39 Engine S N 4497095 Date of Mfg 06 26 90 EXHIBIT B LIST OF REGULATED EQUIPMENT TYPICALLY LOCATED IN SELLER PREMISES Potentially Regulated Equipment and Constituents The following list contains Personal Property that may be covered by the Bill of Sale that may contain toxic , hazardous or otherwise regulated substances The list is not intended to be all - inclusive ? Generators o Oils o Fuel o Glycols o Heavy Metal Electrical Components ? Above Ground Underground Storage Tanks o Fuel o Heavy Metal Electrical Components ? Batteries o Sulfuric Acid Electrolyte Solution o Lead Cadmium Plates ? Modular Stand - Alone Air Conditioning Units o Glycols o Heavy Metal Electrical Components o HCFC Refrigerants ? HVAC Systems o Glycols o Heavy Metal Electrical Components o HCFC Refrigerants o Scale Inhibitors Biocides ? Computers VDTs and Electrical Components o Heavy Metal Circuitry Solders o Leaded Glass Phosphorus Coated Glass ? Fire Suppression System o Halon Potential Registrations and or Permits The following is a list of Personal Property that may be covered by the Bill of Sale that may require a registration and or permit The list is not intended to be all - inclusive with respect to the type of actions required or the Personal Property that is subject to either the listed actions or other actions o Above Ground Underground Storage Tank Registration and Municipal Fire Marshal Permits ; o Generator Registration and or Air Emissions Operating Permits ; o Hazardous Materials Inventory Reporting , Permits and Emergency Response Plans ; and o Spill Control and Countermeasure Plans 9 50 - 210 Fire Department – Request for Tax Exempt Loan Status Finance Director and Assistant County Manager Chad McLamb stated the 50 - 210 Fire Department is requesting the Board to grant them tax exempt loan status so they can borrow up to 1,200,000 to finance the construction of their new Fire Station # 3 He noted the loan is proposed with KS Bank and KS Bank has quoted financing based on a 10 year term at 235 and a 12 year term at 240 Mr McLamb reported he has reviewed the documentation which included three proposals for the financing and recommends the financing proposal from KS Bank based on the 10 year term at 235 to be paid monthly Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution approving tax exempt loan status for the 50 - 210 Fire Department NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the 50 - 210 Community Fire Department , Inc the “ VFD ” , from KS Bank in an amount up to 1,200,00000 for the construction of their new Fire Station # 3 to be located at 13954 NC 50 Highway , Willow Spring , NC RESOLVED , FURTHER , that the approval of the loan to the VFD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the VFD because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , asPage3190 May 2 , 2016 – 10 00 am Continued amended , and such approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt Duly certified by the execution hereof and the placement hereon of the seal of said county , nd this 2 day of May , 2016 10 Alcohol Referendum Discussion and Possible Adoption of Resolution Chairman Tony Braswell stated the Board has received information from staff with regards to a draft resolution calling for a referendum on the sale of malt beverages and unfortified wine if the Board intends to move forward with the matter Chairman Braswell stated the Board discussed the subject at the April meeting and tabled the matter until May to allow time for further study Chairman Braswell noted that Commissioner DeVan Barbour had volunteered to look into this matter Commissioner DeVan Barbour reported the County Attorney has received clarification from the North Carolina ABC Commission on some of the questions that were raised at the April meeting relating to the different options that could be placed on the ballot Commissioner Barbour noted there are also two towns in the County that were considering holding local referendums , one being Archer Lodge and the other Clayton Commissioner Barbour reported it has been determined that Archer Lodge will not need to hold their own referendum because they are completely enclosed within the Wilders Township which passed its own referendum some time ago Commissioner Barbour stated with all the towns and townships in the County , it seems as though everybody has something different and he realizes that the requests received so far have leaned more towards the sale of off premises ; however , he recommended putting both on and off premises on the ballot so everyone would be under the same rules Commissioner Barbour noted the County has already passed a mixed beverage referendum County Attorney Jennifer Slusser confirmed the County already passed a mixed beverage referendum which allows a business to currently sell malt beverages and unfortified wine if they have a mixed beverage license Commissioner Barbour commented with interest that if both the County and a Town each hold referendums and it passes within the Town but fails within the County then it would not affect the outcome of the Town’s vote However , if the vote fails within the Town but passes within the County then sales would be lawful within the Town Commissioner Barbour reiterated that he believes it would clean things up if the Board were to vote to put on the ballot both on and off premise sales Commissioner Barbour noted there was also the concern raised that if on premises passes then it could cause an increase in bar or club establishments in the County , but he noted those businesses would have to go through rezoning and special use approvals before being allowed to open Chairman Braswell stated he is not comfortable with putting both on and off premises on the ballot and he expressed concerns over using the rezoning special use process to control bar or club establishments Chairman Braswell stated he would prefer to just put off premises on the ballot Commissioner Barbour reminded everyone that an establishment can currently sell both on and off premises if they hold a mixed beverage license Commissioner Barbour stated the Board could choose not to approve such an establishment through the rezoning special use process if the Board determines the use is not appropriate for the surrounding area Commissioner Allen L Mims , Jr questioned if a referendum passed for both on and off sales and the Board denied a special use permit or placed conditions on a use restricting the sale of alcohol , would that decision hold up in court Ms Slusser stated the issue would be whether or not the Board’s determination is considered arbitrary and capricious She stated the Board would need to state all of the reasons why the use would be inappropriate based on the land use in the findings of fact and not necessarily because it is alcohol or no alcohol At the inquiry of Commissioner Barbour , Ms Slusser stated she had inquired about a hypothetical situation to the ABC Commission using a convenience store as an example She reported that ABC Commission Chief Counsel Renee Metz explained in an e - mail that although it would not be impossible , it would however be highly unlikely that someone would be allowed to purchase a malt beverage and consume it on premises at a convenience store unless that establishment has the proper amenities seating needed to obtain a mixed beverage license Page4191 May 2 , 2016 – 10 00 am Continued In response to a question from Commissioner Chad M Stewart , Ms Slusser explained that off premise permits would only allow a convenience store to sell malt beverages and unfortified wine for consumption off site only She continued that if venues such as a race track or concert facility wished to serve malt beverages or unfortified wine at their facilities for consumption onsite , then an on premise permit would be required Ms Slusser noted there are currently special occasion permits that can be obtained through the ABC Commission that would allow for the limited sale and consumption of such products on premises Ms Slusser stated if the Commissioners choose to move forward with calling for a referendum , then the Board would need to decide on which options to place on the ballot , as follows Malt Beverages 1 To permit the on - premises and off - premises sale of malt beverages [ ] FOR [ ] AGAINST 2 To permit the on - premises sale only of malt beverages [ ] FOR [ ] AGAINST 3 To permit the off - premises sale only of malt beverages [ ] FOR [ ] AGAINST Unfortified Wine 1 To permit the on - premises and off - premises sale of unfortified wine [ ] FOR [ ] AGAINST 2 To permit the on - premises sale only of unfortified wine [ ] FOR [ ] AGAINST 3 To permit the off - premises sale only of unfortified wine [ ] FOR [ ] AGAINST Ms Slusser stated the Board could choose to put all three options on the ballot ; however , both she and Commissioner Barbour had discussed that it could cause confusion for the voters Commissioner Stewart stated he wants to make sure that whatever is done , it would be fair to everyone Motion and Second Commissioner Ted G Godwin moved to adopt the resolution requesting the Board of Elections to place the following questions on the ballot in November in order to put the matter in the hands of the citizens Commissioner DeVan Barbour seconded the motion Malt Beverages 1 To permit the on - premises and off - premises sale of malt beverages [ ] FOR [ ] AGAINST Unfortified Wine 1 To permit the on - premises and off - premises sale of unfortified wine [ ] FOR [ ] AGAINST Discussion Chairman Tony Braswell stated he feels that putting both on and off premises on the ballot will create confusion Commissioner Jeffrey P Carver also expressed concerns with putting both options on the ballot Vote The motion to adopt the resolution carried by the following vote Page5192 May 2 , 2016 – 10 00 am Continued Ayes Commissioners DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Ted G Godwin , and Chad M Stewart Nays Commissioners Tony Braswell and Jeffrey P Carver RESOLUTION AUTHORIZING THE JOHNSTON COUNTY BOARD OF ELECTIONS TO HOLD A REFERENDUM ON THE SALE OF MALT BEVERAGES AND UNFORTIFIED WINE IN JOHNSTON COUNTY , NORTH CAROLINA WHEREAS , NCGS § 18B - 600 allows , among other things , a county to hold elections concerning permitting the countywide sale of malt beverages and unfortified wine ; and WHEREAS , NCGS § 18 - 601 provides that such elections described in NCGS § 18B - 600 shall be conducted by the county board of elections upon its receipt of a written request for such elections from the governing body of the county ; and WHEREAS , any such request for such elections shall state the propositions upon which the citizens of the county shall vote , as such propositions are set forth in NCGS § 18B - 602 ; and WHEREAS , Johnston County has not held any such elections within the past three years ; and WHEREAS , the Johnston County Board of Commissioners , the governing body of Johnston County , desires to give the citizens of Johnston County the opportunity to vote to determine whether the sale of malt beverages and the sale of unfortified wine should be permitted throughout Johnston County in accordance with Chapter 18B of the North Carolina General Statutes and the propositions set forth herein ; WHEREAS , pursuant to NCGS § 18B - 602 , the Board of Commissioners of Johnston County do hereby direct the Johnston County Board of Elections to conduct a referendum for the purposes of determining the sale of malt beverages and unfortified wine in Johnston County ; and WHEREAS , the Board of Commissioners requests the Johnston County Board of Elections to place the following questions on the election ballot for the general election date being November 8 , 2016 ; The questions on the ballot shall be Malt Beverages 1 To permit the on - premises and off - premises sale of malt beverages [ ] FOR [ ] AGAINST Unfortified Wine 1 To permit the on - premises and off - premises sale of unfortified wine [ ] FOR [ ] AGAINST THEREFORE BE IT RESOLVED that the Johnston County Board of Commissioners directs the Johnston County Board of Elections to hold a referendum on the next scheduled election date being November 8 , 2016 on the following propositions to determine whether certain alcohol sales shall be permitted throughout Johnston County Malt Beverages 1 To permit the on - premises and off - premises sale of malt beverages [ ] FOR [ ] AGAINST Unfortified Wine 1 To permit the on - premises and off - premises sale of unfortified wine [ ] FOR [ ] AGAINST nd This the 2 day of May , 2016Page6193 May 2 , 2016 – 10 00 am Continued 11 Public Utilities – East Clayton Industrial Area Water System Improvements Director of Utilities Chandra Coats , PE , stated the Utilities Department has identified water distribution system improvements to ensure reliability and meet projected water demands in the East Clayton Industrial Area She reported the proposed improvements will include upgrades to the County’s Clayton No 2 water booster station and the project may be eligible for grant funding through the North Carolina Rural Infrastructure Authority Ms Coats requested the Board’s consideration of a resolution authorizing the submission of an Economic Infrastructure Grant application through the North Carolina Rural Infrastructure Authority and designating signatory authority to Rick J Hester , County Manager She offered to answer any questions Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board adopted the following resolution AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT Economic Infrastructure Grants Program WHEREAS , the North Carolina Rural Infrastructure Authority RIA has authorized the awarding of grants from appropriated funds to aid eligible units of government in financing the cost of infrastructure activities needed to create jobs ; and WHEREAS , the County of Johnston needs assistance in financing an infrastructure project that may qualify for Rural Grants Programs funding ; and WHEREAS , the County of Johnston intends to request grant assistance for the East Clayton Industrial Area Novo Nordisk Diabetes Active Pharmaceutical Ingredients DAPI Production Water Improvements from the Economic Infrastructure Grants Program ; NOW THEREFORE BE IT RESOLVED , BY THE JOHNSTON COUNTY BOARD OF COUNTY COMMISSIONERS That the County