March 2, 2009 - 1:50 PM - County Board of Commissioners Meeting Minutes (Special)

10 March 2 , 2009 Special Meeting The Johnston County Board of Commissioners met in special session Monday , March 2 , 2009 in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Absent W Ray Woodall Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , J Chad McLamb , Finance Officer , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 1 50 pm and announced the purpose of the meeting was to discuss future jail and courthouse space needs with representatives from the Sheriff’s Department , the District Attorney’s Office , and the Court system Chairman Stewart acknowledged that office space , courtroom space as well as jail capacities are becoming crowded and will continue to do so in the future and he thanked those affected for their patience Chairman Stewart cautioned that the County is not prepared financially to begin any significant construction expansion projects ; however , he noted the importance of developing a plan for the future Sheriff Steve Bizzell addressed the Board and explained that the existing jail was constructed for a maximum capacity of 191 inmates ; the capacity is currently averaging 228 to 238 Sheriff Bizzell stated in the past , there have been as many as 68 inmates sleeping on mattresses on the floor , and he noted several inspection reports from the State of North Carolina have indicated overcrowding as a problem Sheriff Bizzell stated that he understands the financial constraints the County is under ; however , he reiterated that the planning of a new jail is a must for the future Sheriff Bizzell also asked the Board to be aware of safety issues associated with a multi - level facility , such as the one the County currently operates He asked the Board for clarity as to whether a new facility should be constructed on a remote site or adjacent to the existing courthouse in downtown Smithfield Sheriff Bizzell reported that other counties in North Carolina are constructing detention facilities as single - story structures which are capable of future expansions Sheriff Bizzell stated he is willing to work with the Board of Commissioners on finding a suitable solution as well as establishing a timeline Chairman Stewart stated he has always been reluctant to relocating on a remote site away from the courthouse ; however , after reviewing information received at the recent retreat as well as through individual discussions with staff , it is evident that a large area is needed for a 300 to 400 bed detention facility in a single - story structure Chairman Stewart reported he recently toured the existing detention facility in the courthouse and was concerned over the current layout and the associated safety issues which result from a multi - level setup Chairman Stewart acknowledged that there is little room for expansion at the courthouse He questioned the logistics of a remote site with regards to transporting inmates to court and asked how transportation would be addressed Sheriff Bizzell explained that most of the new jails being constructed in other counties on remote sites are utilizing videoconferencing for first appearances , bond hearings , as well as inmate visitation on the week - ends He noted there will be times where inmates will have to be transported to the courtrooms for trial ; however , he feels videoconferencing would minimize the need for excessive transportation Sheriff Bizzell suggested that the County keep the existing upstairs jail in the courthouse to be utilized as a holding area for those inmates awaiting trial as well as for week - end inmates and non - violent offenders Commissioner DeVan Barbour agreed that it would be good if the County could keep the existing upstairs jail as a holding area ; however , he reminded everyone that additional space will need to be renovated for courtrooms Commissioner Barbour asked how much space would be needed as a holding area for inmates awaiting court appearances , in the event the existing upstairs jail is renovated for other needs Sheriff Bizzell responded that he is of the opinion it would be too costly for the County to renovate the existing upstairs jail for any other courthouse needs , due to its design Sheriff Bizzell noted the basement jail which currently houses 91 inmates , would be easier and more practical to be retrofitted for other needs Commissioner Cookie Pope asked what would be the maximum capacity of a new jail PageSheriff Bizzell reported if the existing 100 bed upstairs jail were to be used as an inmate holding area and for non - violent offenders , taking into consideration losing the 91 bed basement jail facility , a new remote site jail facility should be constructed for at least 300 additional beds , bringing the total count to 400 Sheriff Bizzell stated the additional 300 beds coupled with the existing 100 beds in the upstairs jail , would be sufficient for the County until 2020 Commissioner Allen L Mims , Jr stated it is his understanding that the current kitchen located in the jail is also experiencing issues with space constraints and asked if the existing kitchen would remain in operation , if a new remote facility is constructed Sheriff Bizzell stated the existing kitchen was designed to feed only 100 inmates He suggested the Board consider constructing a new kitchen and product receiving area at the new remote site and transport meals to the upstairs jail in the courthouse At the inquiry of Chairman Stewart , Sheriff Bizzell stated he along with Moseley Architects looked at the basement jail facility to determine if the space could be converted into an area for the court facilities He noted Moseley Architects has indicated the basement jail space could be easily renovated for courtrooms or other court related needs Sheriff Bizzell also explained that in regards to the Sheriff’s Office he would prefer to remain in the courthouse ; however , he is willing to look at all options for the future Commissioner Tony Braswell asked for more information on the utilization of videoconferencing for first appearances Chief District Court Judge Andy Corbett agreed with Sheriff Bizzell that many other counties are successfully utilizing videoconferencing Judge Corbett suggested that if a new remote jail facility is constructed , to also build a courtroom along with the remote jail facility He noted if a courtroom was constructed along with the new jail , some inmates would never need to be transported to the courthouse Sheriff Bizzell informed the Board that the Criminal Magistrate’s Office could also be located with the new remote jail facility in order to create a “ one - stop shop ” for offenders that are arrested for drunk driving and other related non - violent offenses Senior Resident Superior Court Judge Tom Lock thanked the Board of Commissioners for allowing those present to speak on their space needs within the courthouse Judge Lock stated he supports the Sheriff’s request for additional jail space , and he asked the Board to be aware that there is also a need for additional courtroom facilities Judge Lock reported in Johnston County District 11B , there is a total this year of 56 week - long sessions of Superior Court , with some weeks in which two Superior Court sessions are being held He presented statistics to the Board which indicated an increase in the number of court cases for the last two fiscal years Judge Lock stated court is being held in every possible location in the courthouse including , from time to time , the Benson courtroom He agreed that other counties are successfully utilizing videoconferencing ; however , he noted that most of the proceedings held in Superior Court would require the inmate to be transported to the courthouse Judge Lock stated he did not believe transportation would be an issue , provided there is good communication between the District Attorney’s Office , Sheriff’s Department , and the court system Judge Lock explained that in Superior Court , there are week - long sessions scheduled for both criminal and civil Court begins on Monday and stays in session until the cases are settled He noted , on occasion , cases are settled early in the week which leaves the courtrooms vacant When this occurs , Judge Lock stated that he notifies Judge Corbett who utilizes the space for District Court , if needed Judge Lock reported Superior Court is usually in session the entire week At the inquiry of Commissioner Braswell , Judge Lock clarified that sometimes Superior Court does finish up early in the week , allowing additional courtrooms to be available for District Court use ; however , he noted that presently , Superior Court stays in session most of the week Judge Lock stated for planning purposes , he would suggest the Board of Commissioners account for two , possibly three , courtrooms with jury boxes to be designated for the operations of Superior Court Commissioner Pope asked if the basement jail facility was renovated for additional court facilities , would that address future courtroom needs PageJudge Lock stated the basement jail facility area would help to alleviate courtroom space issues for the next 10 or 15 years Judge Lock noted that converting the basement jail facility into courtrooms appears to be the least expensive alternative Chairman Stewart asked of the current seven courtrooms in the courthouse , how many are suitable for Superior Court proceedings Judge Lock responded that of the seven existing courtrooms , only two Courtroom # 2 and the Old Superior Courtroom are suitable , although Courtroom # 3 can be used , if needed , because it has a jury box Judge Lock stated he has also been able to hold criminal administrative court in Courtroom # 1 because that particular session of court does not require a jury Judge Lock stated Courtroom # 2 is reserved for Superior Court proceedings almost every week and the Old Superior Courtroom is used , if needed He noted that more often than not on a day to day basis , the Old Superior Courtroom is utilized for District Court proceedings Judge Corbett thanked the Board of Commissioners for working with the court system staff to provide the space they have needed to date Judge Corbett stated he supports the Sheriff’s view of constructing a jail on a remote site in order to build a single - story facility Judge Corbett stated that due to the expected increase in the volume of caseloads , the need for additional courtrooms to hold District Court proceedings may increase to as many as eight He acknowledged that there are times when courtrooms are vacant ; however , he reiterated Judge Lock’s comments that many times cases are settled early in the day or week , but such situations cannot be controlled or predicted Judge Corbett stressed that the volume of District Court is increasing and additional space will be needed Judge Corbett further asked the Board to keep in consideration the size of future courtrooms , noting that on many occasions there are as many as 500 people attending court proceedings , which can present security issues Chairman Stewart commented that there are issues coming up regarding the overall courthouse security Judge Corbett stated he would like to see security checks at each of the entrances to the courthouse so that all employees and citizens inside the courthouse are protected He reported that all the other courthouses he has visited in the State of North Carolina offer security at their entrances Judge Corbett recalled some of the past security instances involving those attending court Commissioner Braswell asked would a specific entrance be designated for those attending court , allowing a separate entrance for employees Judge Corbett responded that the Board would have to decide if employees would have a separate entrance Chairman Stewart pointed out that the courthouse security is the responsibility of Sheriff Bizzell Judge Lock stated courthouse security is a shared responsibility and he agreed with Judge Corbett that security measures are needed He reminded everyone that a homicide occurred outside of the Selma District Courtroom some years ago and that Domestic Court proceedings are often some of the most dangerous proceedings Judge Lock also noted that from time to time , security issues have arisen at Commissioner Meetings across the nation Sheriff Bizzell reported that he has ordered metal detectors to be placed at all the main entrances of the courthouse Johnston Street , Second Street , Market Street , and Third Street A Deputy Sheriff will staff each entrance and employees of the courthouse will be receiving new security badges in order to enter the building Sheriff Bizzell stated the new security measures will be in place within 60 to 90 days He stated he realizes that it will not be a popular measure at first , but one that is needed in order to protect those in the courthouse Clerk of Superior Court Will Crocker addressed the Board and stated he sincerely appreciated the security efforts that are being put into place Mr Crocker also thanked the Board for providing additional courtroom facilities for the increased caseload He specifically thanked the County Manager for his efforts on finding additional space Mr Crocker spoke on the need for additional office and storage space for his office He suggested that the County plan for two more courtrooms than what is anticipated as well as additional parking spaces around the courthouse Mr Crocker noted that in order to keep up with the increased caseloads and potential new courtrooms , he will need more office , filing and storage space to manage the administrative operations PageJudge Corbett stated he would like to thank Daniel Clifton , Jerry Burton , and all the Building Grounds staff that have assisted the judicial staff in locating and providing additional court facilities Judge Corbett pointed out that the Johnston - Harnett - Lee Court District is the third fastest growing judicial district in the State of North Carolina District Attorney Susan Doyle thanked the Board and the County Manager for working with her staff in creating more space within their existing office Ms Doyle informed the Board that her office , just as with all the other court related facilities , requires even more space to accommodate an ever - growing caseload She noted that when she took office in 2007 , two criminal District Courts were running simultaneously only two days per week and now at least two criminal District Courts are in session every day to the week , and on some days , three or four criminal District Courts are in session simultaneously Ms Doyle asked the Board to consider keeping the District Attorney’s office as close as possible to the courtrooms , when looking at future plans for expansion Chairman Stewart asked the Board members and the County Manager for their comments County Manager Rick Hester asked the Board to consider if the new detention center will be constructed adjacent to the existing courthouse or on a remote site He noted once a decision is made on where the facility is to be constructed then he can begin to work with the architect to formalize plans Commissioner Mims agreed that a decision needs to be made on where to locate the new jail facility He stated he would like to plan for the other Court related offices and where they should be located and how that will affect County departments located in the courthouse Commissioner Mims stated it may be that some of the County offices could be moved from the courthouse and those spaces renovated for Court related offices At the request of the Chairman , Captain Bonnie Strickland , Jail Administrator , addressed the Board Captain Strickland stated the jail is now operating over capacity and she reiterated earlier comments by the Sheriff that the Board needs to be aware of the safety issues associated with multi - level facilities Captain Strickland reported that the kitchen along with the laundry area is currently operating over capacity Mr Hester reminded everyone that the funds are not currently available ; however , a plan for the future must be put into place Commissioner Barbour agreed that a long - term comprehensive plan needs to be put into place and the Board should go ahead and instruct the County Manager to proceed with looking at a remote site for the new jail facility Commissioner Barbour stated the long - term plan needs to account for the future needs of the Clerk of Court’s Office , the District Attorney’s Office , and the Judges He commented that in anticipation of the Court related offices taking most of the space in the courthouse , a plan for County Departments and their locations must be determined Commissioner Barbour also reminded everyone of the need to address parking Commissioner Mims stated once a plan is formalized then it can be placed into the County’s financial model so specific phases can be constructed or renovated once funding becomes available Following further discussion , it was the consensus of the Board for the County Manager to work with the Court Officials , the District Attorney’s Office , and the Sheriff’s Department on a plan for the future to be brought back to the Board for approval Further , it was the consensus of the Board that once a plan is approved , to make it a part of the County’s financial model so that construction expansion projects can be completed in phases , as funding becomes available Chairman Stewart stated it would be helpful if all parties could develop their own plans for their required space looking ahead five , ten , fifteen , and twenty years and provide that information to the County Manager Sheriff Bizzell stated he supported the requests by the Clerk of Superior Court , Judge Lock , Judge Corbett , and the District Attorney for additional space Chris Johnson , Smithfield Downtown Development Director , addressed the Board and offered his assistance with the planning process He noted the courthouse is important to the local economy for downtown Smithfield Chairman Stewart mentioned the new courthouse security measures involving metal detectors and asked if any Commissioners had any objections PagePage pageNumber5281 March 2 , 2009 – Special Meeting Continued Commissioner Pope stated she comes to the courthouse many times during the day and she will feel much safer once the measures are put into place Commissioner Braswell commented on the need to make sure employees can enter and exit the building with ease Sheriff Bizzell pointed out that employee identification badges will be issued to every courthouse employee to enter and exit the building Sheriff Bizzell stated when someone leaves the employment of the County the badges would be taken at their time of departure Chairman Stewart asked the Sheriff to make sure the Deputies staffing the metal detectors will be patient and cordial to those citizens who may not be used to such security measures Sheriff Bizzell agreed with the Chairman and stated customer service relations will be a part of the training for the new security measures There being no further discussion on the matter , it was the consensus of the Board to adjourn the special meeting and reconvene discussions from the 10 00 am meeting The meeting adjourned at 2 55 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage