November 7, 2022 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 180 Meeting of the Johnston County Board of Commissioners November 7 , 2022 10 00 am The Johnston County Board of Commissioners met in regular session Monday , November 7 , 2022 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Deputy County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Executive Assistant Deputy Clerk to the Board Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 10 00 am Vice Chairman Patrick E Harris opened the meeting with a prayer American Legion Post 71 from Clayton led everyone in the Pledge of Allegiance to the American Flag 1 Veterans Services Office – Proclamation for Veterans Day 2022 Veterans Services Officer Robert Boyette requested the Board to adopt a Proclamation for Veterans Day 2022 Mr Boyette thanked the Board for adopting a proclamation at their previous meeting for Operation Green Light He spoke about events being held in the County to honor Veterans and he encouraged everyone to observe Veterans Day He invited everyone to attend the annual Veterans Day Celebration being held this Friday at Smithfield Selma High School at 11 00 am Commissioner Ted G Godwin read the Proclamation aloud and moved for its adoption Commissioner Fred J Smith , Jr seconded the motion , which carried unanimously PROCLAMATION VETERANS DAY - 2022 th WHEREAS , for decades America has paused on the 11 of November , the anniversary of the armistice that concluded World War I , to remember and to honor our veterans of military service in proud and grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace ; and WHEREAS , the freedoms we enjoy have been purchased and maintained at a high price , as Americans have been willing , throughout our history , to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights ; and WHEREAS , Americans owe a great debt to all those who have served in defense of this nation throughout the generations ; for their sacrifices , often resulting in permanent injury or death , which have preserved our unique form of government dedicated to human rights and respect for the individual , and preserved our freedoms and promise of liberty as an example for oppressed persons of the world ; and WHEREAS , in honor of these dedicated men and women , we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 11 , 2022 , as “ Veterans ’ Day ” in Johnston County , and urge our citizens to commend its observance th Proclaimed this the 7 day of November , 2022 2 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the agenda as presented Page181 November 7 , 2022 – 10 00 am Continued 3 Consent Agenda Items Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board approved the following consent agenda items A Bulk Wastewater Agreement with the Town of Four Oaks , approved as follows Page182 November 7 , 2022 – 10 00 am ContinuedPage183 November 7 , 2022 – 10 00 am ContinuedPagePage pageNumber5184 November 7 , 2022 – 10 00 am ContinuedPagePage pageNumber6185 November 7 , 2022 – 10 00 am ContinuedPagePage pageNumber7186 November 7 , 2022 – 10 00 am ContinuedPagePage pageNumber8187 November 7 , 2022 – 10 00 am ContinuedPagePage pageNumber9188 November 7 , 2022 – 10 00 am ContinuedPage0189 November 7 , 2022 – 10 00 am ContinuedPage1190 November 7 , 2022 – 10 00 am ContinuedPage2191 November 7 , 2022 – 10 00 am ContinuedPage3192 November 7 , 2022 – 10 00 am ContinuedPage4193 November 7 , 2022 – 10 00 am ContinuedPage5194 November 7 , 2022 – 10 00 am Continued B Town of Benson – Appointment to Benson Board of Adjustment Per a request by the Town of Benson , the Board made the following appointment to the Benson Board of Adjustment representing the ETJ area of the Town Charlie Harper , 2281 Tarheel Road , Benson term expiring 12 31 2025 C Appointments , approved as follows • O’Neals Firefighters Relief Fund Board – Thelbert Hocutt was appointed for a one year term to expire on October 31 , 2023 D Budget Revisions , approved as follows Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 18 44500200 Salaries & Wages 10,50300 18 44500250 Salaries Permanent 10,50300 18 44505700 Miscellaneous Expense 1,66100 18 44505810 Endowments to Audio Books 14200 18 44507100 Capital Improvement 22,92900 TOTAL NET EXPENDITURES 24,73200 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE Page6195 November 7 , 2022 – 10 00 am Continued 18 445033099 Miscellaneous Revenue 14200 18 445034103 Town of Smithfield 22,92900 18 445036138 Book Sales 1,66100 TOTAL NET REVENUE 24,73200 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 23,88763 10 51004300 Special Services 66000 10 51007414 Capital Outlay – Drug Seizure 3,09551 TOTAL NET EXPENDITURES 27,64314 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 3,09551 10 510032509 Insurance Recovery 23,64563 10 510033099 Miscellaneous Revenue 90200 TOTAL NET REVENUE 27,64314 E Tax Releases & Refunds – 09 15 2022 – 10 15 2022 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 22 2022 9 21 31 AM ALassiter 2022 - 11513 2000210416 BARNETT , BRAD D 25581 9 28 2022 9 06 05 AM dwoodward2 2022 - 19666 2000087491 CHOWAN HOLDINGS LLC 3,09185 9 28 2022 12 15 38 PM ALassiter 2022 - 126100 2000251087 WALDSCHMIDT , ROBERT CHARLES 33294 10 5 2022 8 14 00 AM dwoodward2 2022 - 122658 2000241106 STRICKLAND , MELINDA 43635 10 10 2022 11 48 52 AM ALassiter 2022 - 75035 2000171530 MEDINA , ALAN VICENTE 18682 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 16 2022 2 55 24 PM LOCKBOX 2022 - 95679 2000244125 LAUER , KEVIN JOINT TENANTS 41496 WROS 9 19 2022 12 35 50 PM tmeacomes 2022 - 11883 2000236783 REDDICK , ARTHUR L 32000 9 19 2022 3 00 21 PM LOCKBOX 2022 - 125216 2000232708 ELITE MUTUAL INVESTMENTS , 46200 INC 9 19 2022 3 00 21 PM LOCKBOX 2022 - 44287 2000221368 PHILRON , LLC 40000 9 19 2022 3 00 21 PM LOCKBOX 2022 - 102266 2000104435 WEEKS , META MICHELLE 69131 9 19 2022 3 00 21 PM LOCKBOX 2022 - 102267 2000127410 WEEKS , META MICHELLE 1,58810 9 20 2022 3 31 45 PM LOCKBOX 2021 - 35828 2000152898 GXI HOLDINGS LLC 24660 9 22 2022 2 08 45 PM ajsoutherland 2022 - 120310 2000201458 HADLEY HOMES INC 18360 9 22 2022 2 53 36 PM ajsoutherland 2022 - 201511 2000192897 CREWS , WILLIAM SKINNER III 11552 9 23 2022 10 44 08 AM tmeacomes 2022 - 83596 2000223385 HOLBROOK , CYRUS A III 4,21873 9 23 2022 3 08 07 PM tmeacomes 2022 - 11160 2000006906 BAREFOOT , LARRY HUGH 10100 9 27 2022 4 13 23 PM jevans 2022 - 88463 2000161063 PONCE , CONSTANTINO LUGO 1,17117 10 3 2022 3 50 54 PM LOCKBOX 2022 - 73561 2000033061 PARKER , RAY H 2,39375 10 5 2022 4 03 33 PM ajsoutherland 2022 - 43094 2000233499 GATES , SHANE LAMAR 24354 10 11 2022 3 06 56 PM LOCKBOX 2022 - 94559 2000239609 WARREN , LAURA ELIZABETH 18473 TART 10 12 2022 2 54 36 PM tmeacomes 2022 - 55716 50941360 LANE , IONA JOHNSON 37247 10 13 2022 3 08 08 PM tmeacomes 2022 - 90538 2000189939 CYPRESS CREEK RENEWABLES , 5,24365 LLC North Carolina Vehicle Tax System - Pending Refund Report – September 2022 100 + Payee Name Bill # Transaction Refund Total Change # ReasonPage7196 November 7 , 2022 – 10 00 am Continued APOLINAR , 0068546811 173015872 Military 5599 AMY 4602 10201 MORRISON , 0062694177 258127827 Military 14515 MARY MICHELE 11532 3000 29047 MORRISON , 0063363693 258127824 Adjustment 7066 MARY MICHELE 5808 3000 15874 ORR , DAWN 0068069422 345254368 Situs error 000 MARIE 8943 1726 2981 10198 ORR , DAWN 0068464240 345254372 Situs error 000 MARIE 9331 1801 3110 10640 ORR , EDWARD 0068069683 345254364 Situs error 000 JOHN JR 14108 2723 4703 16088 PEARCE , 0062504833 172012798 Adjustment 11855 TAQUORIS 1503 LAVON 13358 RODRIGUEZ , 0063768168 172626958 Military 24382 LUZ NEREIDA 3090 27472 TRUJILLO , 0066880522 259523805 Adjustment 20513 ERROL 16298 000 36811 4 Public Comments A Citizen Comments – Christine Livingston Christine Livingston , McGees Crossroads , stated even though she does not agree with the Board of Commissioners , she thanks them for their work She spoke on voting and thanked Commissioner Tony Braswell for a recent post of his on Facebook 5 North Carolina Department of Transportation – Easement Request Ms Denise Amato , with the North Carolina Department of Transportation , recalled that she presented a request to the Board at their October 17 , 2022 meeting for an easement on property identified as Tax ID 15I09033B at the bridge on NC Hwy 210 , just before the Johnston County Agricultural Center Ms Amato stated the easement is necessary because the Department of Transportation will be replacing the bridge at this location She noted the Board took no action on the request and instead asked the DOT to review an alternatePage8197 November 7 , 2022 – 10 00 am Continued plan versus closing the road during the bridge replacement project to avoid lengthy traffic detours in the area Ms Amato reported the Department of Transportation evaluated an on - site detour versus an off - site detour and due to the additional cost and footprint associated with an on - site detour , the off - site detour was selected Ms Amato stated the offsite detour would be 103 miles all the way around and this was the same detour that was used for two other bridge placements in the area previously She stated letters were mailed to adjacent property owners and no responses were received She also noted that contact was made with EMS , the Fire Departments , and Johnston County Schools for bus routes Ms Amato stated construction is expected to take eight months and a temporary bridge could not be built on site due to environmental impacts Commissioner Tony Braswell expressed his concerns for the citizens in the area and how the detour will affect them At the inquiry of Commissioner Ted G Godwin , Ms Amato stated she was unsure of the construction timeframe for the two previous bridge replacement projects Commissioner Richard D Braswell stated the detour option is not good for the citizens as well as the offices and staff of the nearby Agricultural Building He stated an alternative to the detour should be considered to accommodate those people Commissioner April Stephens stated she was concerned about traffic backups getting worse noting that just this morning there was a major backup due to a detour because of a downed power line on NC Hwy 210 Chairman RS “ Butch ” Lawter , Jr stated NC Highway 210 is a major road to downtown Smithfield and he is disappointed there was no advance planning or some kind of expansion and replacement of the highway with another two - lane bridge He noted traffic will also be impacted at the County Landfill and the schools in this area Commissioner R Braswell suggested setting up a meeting with the Department of Transportation Chairman Lawter agreed and suggested the meeting include the DOT design and planning staff Commissioner Fred J Smith , Jr also suggested inviting Board of Transportation Member and former Representative Leo Daughtry Commissioner Godwin suggested inviting DOT District Engineer Sam Lawhorn Ms Amato stated she would follow up with County Manager Rick Hester to arrange the meeting 6 Buildings & Grounds – Request for Additional Skilled Trades Position Buildings & Grounds Director Daniel Clifton requested the Board to approve one additional Skilled Trades Position due to the addition of the new Detention Center and Public Safety Center Mr Clifton stated this position will allow Buildings & Grounds to handle the preventive maintenance and other duties required with the addition of these buildings Mr Clifton explained that the new Detention Center and Public Safety Center would increase the space size by 27 He stated the industry standard is 50,000 square feet per employee and they are currently 63,000 square feet per employee Mr Clifton stated the additional employee would reduce the square feet to 58,000 He stated the Buildings & Grounds Department has sufficient funds within the current budget to cover the cost of the position , so no additional funding is requested Commissioner Tony Braswell asked if this request was budgeted in the past year’s budget Vice Chairman Patrick E Harris thanked Mr Clifton and his staff for their excellent work in maintaining the County’s facilities At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Clifton stated he will be evaluating his staffing levels during the next budget season and would request additional positions if needed Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board approved the additional Skilled Trades Position for the Buildings & Grounds Department Page9198 November 7 , 2022 – 10 00 am Continued 7 Public Utilities – 210 Wastewater Treatment Facility 40 MGD to 80 MGD Expansion Capital Project Budget Public Utilities Engineering Manager Kim Rineer explained that based on demand projections and in accordance with the approved Capital Improvements Plan , the County will continue to need additional near - term wastewater treatment capacity She stated staff recommends proceeding with the design of the first expansion of the 210 Wastewater Treatment Facility from 40 MGD to 80 MGD Ms Rineer stated a Request for Qualifications process was conducted and staff negotiated with a consultant for the project design She stated the scope includes all project coordination meetings , complete project design , sub - consultants , permitting and bidding award Ms Rineer presented the following proposed project budget Technical Services 2,003,00000 Total Project Cost 2,003,00000 Funding for the proposed project is as follows Wastewater Fund Balance Fund 68 2,003,00000 Total Project Funds 2,003,00000 Ms Rineer requested the Board’s approval of the proposed capital project budget and adoption of the associated capital project budget ordinance Commissioner Ted G Godwin asked if there was a previous Request for Qualifications RFQ He questioned the cost of 2 million in design fees Ms Rineer stated the process is very complicated and involved and includes consulting for permitting , equipment , and other processes She stated there are regular meetings with staff and Johnston County’s process is complicated because of the nitrogen and phosphorus removal Chairman RS “ Butch ” Lawter , Jr agreed with the challenges of the process and concurred that it is a complicated process in addition to the regulatory components At the inquiry of Commissioner Richard D Braswell , Ms Rineer stated staff is planning for the future and expansions can be added in 4 MGD trains Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the project budget for the design of the first expansion of the 210 Wastewater Treatment Facility from 40 MGD to 80 MGD as presented by staff and adopted the following capital project ordinance CAPITAL PROJECT ORDINANCE FOR THE JOHNSTON COUNTY 210 WASTEWATER TREATMENT FACILITY 4 - 8 MILLION GALLONS PER DAY EXPANSION PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted , as amended Section 1 The project authorized is the Johnston County 210 Wastewater Treatment Facility 4 - 8 MGD Expansion Project the “ Project ” The Project is initially to be financed by an appropriation from the County Sewer Fund “ Fund 68 ” Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of State and federal regulations and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 2,003,000 Section 4 The following revenues are anticipated to be available to complete this Project Fund 68 Appropriation 2,003,000 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy State and federal regulations Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Page0199 November 7 , 2022 – 10 00 am Continued Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Adopted this 7th day of November , 2022 8 Public Utilities – Timothy G Broome Water Treatment Plant Design - Build – 14 MGD to 18 MGD Expansion – Proposed Contract and Capital Project Budget Public Utilities Engineering Manager Kim Rineer stated on June 20 , 2022 , the Board of Commissioners authorized the design - build project delivery method for the proposed 14 MGD - 18 MGD expansion at the Timothy G Broome Water Treatment Plant Ms Rineer reported that staff worked with the project consultant HDR Engineering and legal consultant to complete the Request for Proposals and interview process She stated staff selected TA Loving Company as the Design - Builder for the project and the team includes Hazen & Sawyer and McKim & Creed for design services The project team negotiated a proposed Phase 1 project agreement Ms Rineer stated the scope of services for Phase 1 is on a lump sum basis and includes • Phase 1A 4,714,41749 - Overall project scoping design workshops development of an initial opinion of cost , design services through a 30 submittal package with cost opinion update ; and • Phase 1B 1,549,99930 - Design completion to 100 with the preparation and delivery of a Guaranteed Maximum Price GMP and schedule for Phase 2 Ms Rineer stated at the completion of Phase 1 , the County will consider the GMP , work breakdown structure , scope , schedule , performance guarantees , and any changes to the Design - Builder team members , in preparing and finalizing a Phase 2 contract She stated in order to proceed with Phase 1 staff recommends the following revised capital project budget Existing Proposed Expenses Technical Services 225,00000 765,00000 Construction Design Build Phase 1 000 6,264,41700 TOTAL 225,00000 7,029,41700 Revenues Water SDF Reserve Fund 225,00000 7,029,41700 TOTAL 225,00000 7,029,41700 Ms Rineer requested the Board’s approval to proceed with the Phase 1 contract , approval of the proposed revised capital project budget , and approval of the capital project ordinance Commissioner Richard D Braswell asked if the project is a joint venture between Hazen & Sawyer and McKim & Creed Ms Rineer stated in this case , the contractor is TA Loving Company and Hazen & Sawyer and McKim & Creed are part of the design - build team Chairman RS “ Butch ” Lawter , Jr asked about the timeframe until the completion of the project Ms Rineer stated the project timeline would be 385 days Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board approved for staff to proceed with the Phase 1 contract as outlined by staff , approved the project budget as presented , and adopted the following capital project Ordinance CAPITAL PROJECT ORDINANCE FOR THE TIMOTHY G BROOME WATER TREATMENT PLANT DESIGN BUILD 14 - 18 MILLION GALLONS PER DAY EXPANSION PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Page1200 November 7 , 2022 – 10 00 am Continued Section 1 The project authorized is the Timothy G Broom Water Treatment Plant Design Build 14 - 18 MGD Expansion Project the “ Project ” The Project initially consists of • Phase 1A - Design services of the 14 - 18 MGD plant expansion through a 30 submittal package with cost opinion update ; and • Phase 1B - Design completion to 100 with the preparation and delivery of a Guaranteed Maximum Price “ GMP ” and schedule for Phase 2 The Project is initially to be financed by an appropriation from the Water System Development Fees Reserve Fund the “ Water SDF Reserve Fund ” Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of applicable State and federal regulations and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 765,000 Construction 6,264,417 Total 7,029,417 Section 4 The following revenues are anticipated to be available to complete this Project Transfer from SDF Reserve Fund 7,029,417 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy State and federal regulations Section 6 Funds may be advanced from the Water SDF Reserve Fund and from the County’s Water Fund for the purpose of making payments as due Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Adopted this 7th day of November , 2022 9 Public Utilities – Effluent Force Main – 210 Wastewater Treatment Facility – Proposed Construction Contract Award and Budget Revision Public Utilities Engineering Manager Kim Rineer stated the County received bids on October 26 , 2022 for the construction of the Effluent Force Main associated with the 210 Wastewater Treatment Facility She stated the proposed project is included in the County’s previously approved Capital Improvements Plan and required for additional wastewater treatment capacity within the County’s system Ms Rineer stated the County received three 3 bids , as follows Ms Rineer reported Sanford Contractors of Sanford , North Carolina submitted the lowest responsive base bid in the amount of 17,271,43000 She stated Sanford Contractors is properly licensed and experienced in the type of construction involved and appears to have the financial , labor and equipment resources required to complete the construction within the stipulated contract completion time She presented the previously approved and proposed project budget , as follows Existing Proposed Construction 210 WWTF 69,071,38000 69,071,98000 BioSolids Facilities 25,097,00000 25,097,00000 Effluent Force Main 000 17,271,43000 Total Construction 94,168,38000 111,440,41000 Contingency 2,842,67000 3,706,67000 Tech Services Engineering Survey GeoTech Construct Admin 210 WWTF BioSolids Effluent Force Main 11,460,44800 11,960,44800 Easements 75,00000 75,00000 Loan Closing 1,833,73500 1,833,73500 Nitrogen Acquisition Phillips Plating 490,00000 490,00000 Total Project Cost 110,870,23300 129,506,26300Page2201 November 7 , 2022 – 10 00 am Continued Funding for the proposed project is as follows Fund 68 Sewer Appropriation 2,373,00000 2,373,00000 State Clean Water Loan 11 , 20 years 91,686,69500 91,686,69500 ARPA Funding 16,029,80300 34,665,83300 Wastewater SDF Reserve Funds 780,73500 780,73500 Total Project Funds 110,870,23300 129,506,26300 Applied for ARPA funding through State program in Fall 2022 If not selected for ARPA funding through State program , County ARPA funds to be appropriated Ms Rineer stated staff recommends award of the Effluent Force Main for the 210 Wastewater Treatment Facility project to Sanford Contractors in the amount of 17,271,430 , approval of the revised project budget , the amended Capital Project Ordinance and adoption of the award resolution , contingent upon funding agency approval She offered to answer any questions Commissioner Richard D Braswell asked about the route for the force main and whether there are sufficient easements for a second line Ms Rineer stated the County will have to acquire future easements for a second line Commissioner Tony Braswell asked if there would be any increased costs to the users Ms Rineer stated the cost for new capacity is passed along to the new developers She noted the cost of operations have been figured into the County’s fees Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board awarded the Effluent Force Main for the 210 Wastewater Treatment Facility project to Sanford Contractors in the amount of 17,271,430 , approved the revised project budget as presented , adopted the following amended Capital Project Ordinance , and adopted the following award resolution , contingent upon funding agency approval CAPITAL PROJECT ORDINANCE FOR THE JOHNSTON COUNTY 210 WASTEWATER TREATMENT FACILITY 40 MILLION GALLONS PER DAY EXPANSION PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted , as amended Section 1 The project authorized is the Johnston County 210 Wastewater Treatment Facility 40 MGD Expansion Project , including the new 40 MGD Wastewater Treatment Facility , the Biosolids Facilities Improvements , the Existing Wastewater Treatment Plant Improvements , and the Effluent Force Main the “ Project ” The Project is to be financed by a Clean Water State Revolving Fund Loan , an appropriation from the County Sewer Fund “ Fund 68 ” , an appropriation from the County’s Wastewater System Development Fees Capital Reserve Fund , and additional funding through the North Carolina Division of Water Infrastructure “ NCDWI ” If the County is not awarded additional funding through NCDWI , County American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds “ ARPA ” will be appropriated for the Project Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of State and federal regulations , all funding sources and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 11,960,448 Construction 210 WWTP 69,071,980 Biosolids Facilities 25,097,000 Effluent Force Main 17,271,430 Easements 75,000 Nitrogen Acquisition 490,000 Contingency 3,706,670 Loan Closing 1,833,735 Total 129,506,263 Section 4 The following revenues are anticipated to be available to complete this Project Page3202 November 7 , 2022 – 10 00 am Continued State Clean Water Revolving Fund Loan 91,686,695 Fund 68 Appropriation 2,373,000 Wastewater SDF Reserve Funds 780,735 Additional NCDWI Funding 34,665,833 Total 129,506,263 The County has applied for funding through NCDWI in the Fall of 2022 cycle If not awarded additional funding through NCDWI , County ARPA funds will be appropriated Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy State and federal regulations , the requirements of the North Carolina Department of Environmental Quality , and the terms of all funding sources shall be met Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Reimbursement requests should be made to the North Carolina Department of Environmental Quality in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Amended this 7th day of November , 2022 Johnston County Board of Commissioners RESOLUTION OF TENTATIVE AWARD WHEREAS , Johnston County , North Carolina has received bids , pursuant to duly advertisement notice therefore , for construction of the Effluent Force Main for the 210 Wastewater Treatment Facility , and WHEREAS , the Department of Public Utilities has reviewed the bids for the Effluent Force Main for the 210 Wastewater Treatment Facility project ; and WHEREAS , Sanford Contractors was the lowest bidder for the Effluent Force Main for the 210 Wastewater Treatment Facility Project , in the total base bid amount of 17,271,43000 WHEREAS , the Director of Utilities recommends TENTATIVE AWARD to the lowest bidder NOW , THEREFORE , BE IT RESOLVED that TENTATIVE AWARD is made to the lowest bidder in the Total Bid Amount of 17,271,43000 Name of Contractor Amount Sanford Contractors 17,271,43000 BE IT FURTHER RESOLVED that such TENTATIVE AWARD be contingent upon the approval of the North Carolina Department of Environmental Quality This is 7th day of November , 2022 10 Tax Administration – 2025 Real Property Revaluation Contract Tax Administrator Jocelyn Andrews explained that Johnston County is scheduled to conduct a countywide reappraisal of all real property no later than January 1 , 2025 She stated an appraisal vendor to assist with valuing the Countys approximately 111,000 parcels would be necessary Ms Andrews reported the County issued a Request for Qualifications RFQ and received four proposals She continued that after committee review and scoring of each proposal , Pearsons Appraisal Service , Inc was the firm selected with which to begin contract negotiations Ms Andrews stated Pearsons Appraisal Service , Inc , with offices in Wilson , NC and Richmond , VA , has a history of conducting reappraisal services throughout several states , but more importantly conducted the 2011 and 2019 Johnston County reappraisals She stated in preparation for the 2025 countywide reappraisal , the County has negotiated a per parcel price of 2290 which will include assistance with the review and updating of the Schedule of Values , street - level photography of all improved parcels , determination of values , and assistance throughout the appeal process Ms Andrews noted that included in the proposed contract is the contractors verification of large , mismatched sketches drawings of real property improvements whereas County staff performed this correction process in previous reappraisals She stated accuracy of values and addressing property owner questions and concerns are a priority for the County and prior work in Johnston County has shown that Pearsons Appraisal Service , Inc shares those same priorities Ms Andrews requested the Board to approve and award the 2025 Real Property Revaluation Contract to Pearsons Appraisal Service , Inc and offered to answer any questions Page4203 November 7 , 2022 – 10 00 am Continued Chairman RS “ Butch ” Lawter , Jr noted that after this next reappraisal , the schedule would go to every four years Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the contract and awarded the 2025 Real Property Revaluation Contract to Pearson’s Appraisal Service , Inc 11 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of September 2022 , as follows Enforced Collections September 2022 YTD 22 23 Wage Garnishments 4 15 Bank Attachments 4 11 Levies 0 0 Foreclosures Complaints Filed September 2022 0 Pending 4 Dollars Collected September 2022 0 Sale Date No sale scheduled at this time Levy Amount and Collections to Date 2022 Real and Personal Levy 2021 Real and Personal Levy As of September 30 , 2022 As of September 30 , 2021 169,080,91960 Levy 156,862,10990 Levy 21,513,33156 Payments 20,258,76416 Payments 147,567,58804 Balance 136,603,34574 Balance 1272 Collected 1292 Collected - 020 RMV – NCVTS Collections September 2022 September 2021 1,651,74796 1,563,27730 YTD 22 23 - 5,456,51851 YTD 21 22 - 5,081,87363 12 Voting Delegate for the 2022 NCACC Legislative Goals Conference Chairman RS “ Butch ” Lawter , Jr stated he plans to attend the Legislative Goals Conference and would be willing to serve as the voting delegate with Vice Chairman Patrick E Harris serving as the alternate Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board appointed Chairman RS “ Butch ” Lawter , Jr as the voting delegate and Vice Chairman Patrick E Harris as the alternate 13 Discussion – Draft Board Rules of Procedure County Attorney Jennifer Slusser stated at the direction of the Board of Commissioners , staff prepared a discussion draft of Rules of Procedure for the Board’s consideration She stated the intent of the draft rules is to formalize the Board’s current practices and is modeled after the suggested Rules of Procedure for the Boards of th County Commissioners , 4 Edition , by Trey Allen and published by the School of Government at the University of North Carolina at Chapel Hill Ms Slusser stated she would like the Board to discuss remote participation in Board meetings She explained that the Board adopted its remote participation policy , but it was in the middle of COVID before the legislature had clarified the rules She continued that at the time of the remote participation policy adoption , it was for open meetings only and did not allow for remote participation in quasi - judicial hearings or closed sessions She stated that quasi - judicial hearings require due process , and for closed sessions the technology was not available at that time and confidentiality was an issue Page5204 November 7 , 2022 – 10 00 am Continued She said after the current policy was adopted , the legislature clarified that during a State of Emergency remote meetings could be held and could include quasi - judicial and closed - session matters She stated the Board’s remote policy indicates that this applies when a member is not physically present , but a majority of the quorum of the Board is present Ms Slusser stated there had been questions regarding Rule 9 which covers how the Chairman and Vice Chairman are appointed Ms Slusser stated she looked at NCGS 150A - 39 which speaks about the appointment occurring every year She stated while it has been the practice of the Board that the Chairman and Vice Chairman area serve for two years , the Board does look at the appointment each year Ms Slusser noted one last item in which she had received questions had to do with the setting of the agenda and the timeframe in which materials were due to the Clerk to the Board She stated the Board’s policy indicates materials will be due 10 working days in advance , but the model from the School of Government is two days She stated in drafting the rules , staff took into account agenda review and Board members needing their materials in advance for those review meetings She stated departments are required to have their materials in early so that staff has time to prepare the draft agenda for the agenda review meetings Ms Slusser thanked the Board members for their feedback on the draft rules and offered to answer any questions Commissioner Fred J Smith , Jr thanked Ms Slusser for drafting rules in a red - lined format for easier review He stated the agenda will become more important when rules for the Board are established and oftentimes during the agenda review there are changes He recommended that the timeframe in which materials are due to the Clerk to the Board be amended to 5 business days Chairman RS “ Butch ” Lawter , Jr clarified that in the event of an emergency meeting the five business day rule would change Ms Slusser stated the five - day rule would be for regular agendas and staff could set an internal number of days for department heads to turn in their materials , so the agenda packages would be complete when they are received by the Board for review She stated there may need to be some flexibility during the agenda process particularly if there is a Board member that needs to add a regular or emergency item to provide the Board with the agenda package and publish items for the public Commissioner Fred J Smith , Jr suggested the Chairman serve for a two - year term to allow the leader to focus on their role for more time Commissioner Ted G Godwin stated the Board could vote to appoint officers consecutively if this the desire of the full Board He recommended the one - year term for officers Commissioner Tony Braswell agreed with the two - year option Ms Slusser asked the Board to consider the terms of elected officials if the rules change for officers Commissioner T Braswell stated that it has been a practice in the past to elect officers on a pattern of two years Commissioner April Stephens indicated that on every board she has served , the term for officers has been one year Chairman Lawter asked for a show of hands for the election of officers for one - year term The vote was as follows Ayes Commissioners RS “ Butch ” Lawter , Jr , Patrick E Harris , Ted G Godwin , and April Stephens Nays Commissioners Fred J Smith , Jr , Tony Braswell , and Richard D Braswell The majority of votes were in the affirmative to continue with one - year officer terms Vice Chairman Patrick E Harris stated the Board is still accomplishing the same thing but addressing the officer election each year Chairman Lawter asked about the language in Rule 5c as it relates to closed session participants He suggested that instead of Deputy County Manager Finance Officer , a comma be added in front of FinancePage6205 November 7 , 2022 – 10 00 am Continued Officer Chairman Lawter stated this would allow for flexibility with future hiring decisions Board members were in consensus with this language change Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board adopted the Rules of Procedure as amended Commissioner Fred J Smith , Jr requested that the Rules of Procedure be printed in a permanent booklet of some type to be distributed to the Commissioners Ms Slusser confirmed that staff would work on getting the document printed into a booklet format 14 Manager Reports and Comments A State Broadband Grant Update County Manager , Rick Hester updated the Board regarding the State Broadband Grant that has been awarded to Cloudwyze to expand services in Johnston County Mr Hester noted the State Broadband Office selected Cloudwyze for Johnston County and staff would like to set up a meeting with representatives from Cloudwyze to review the project in further detail Mr Hester stated staff would also request Cloudwyze to present their project to the Board of Commissioners in a future meeting Mr Hester stated although the State selected Cloudwyze and would have an agreement with them , because there is a match from the County associated with the project , he would like to better understand their plans B Utilities Regional Study County Manager , Rick Hester reported the Water and Wastewater Utilities Regional Study is in the final stages and he anticipates a presentation to the Board of Commissioners at their December meeting 15 Board Reports and Comments Commissioner Richard D Braswell spoke on a situation involving the Cleveland Fire Department and their efforts to get sewer service to their new station At the request of Commissioner R Braswell , Utilities Engineering Manager Kim Rineer discussed the matter with the Board and provided the Commissioners with information as it relates to options for the new station to receive service Ms Rineer informed the Board that unfortunately , the only method of wastewater service available to the new station’s location is the installation of an on - site septic system Commissioner Ted G Godwin spoke on the various events and services being held on Friday , November 11 , 2022 in honor of Veterans Day Commissioner Godwin stated he would be attending the event th being held at Smithfield - Selma High School on November 11 at 11 00 am and he encouraged everyone to show their support for veterans Commissioner Godwin also invited everyone to attend the Alzheimer’s Disease Awareness Candlelight Reflection Ceremony being held at the Johnston County Courthouse on November 10 , 2022 at 6 00 pm Chairman RS “ Butch ” Lawter , Jr spoke on the need to continually monitor and update the financial model as well as the capital plans At the inquiry of Chairman Lawter , County Manager Rick Hester stated staff runs the various scenarios in the financial model throughout the year ; however , he welcomes all feedback from the Commissioners so all proposals and ideas can be considered in the financial model Chairman Lawter reported that he along with Vice Chairman Patrick E Harris recently met with elected officials from the municipalities in the County and he was very pleased that it was well - represented by all the towns Chairman Lawter stated the discussions centered around areas of cooperation and he appreciates everyone that attended He stated the meeting was very productive and he hopes to continue with a quarterly rotation 16 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege ; NCGS 14331811 a 4 – Economic Development ; and NCGS 14331811 a 5 – Acquisition of Property Upon a motion by Commissioner Fred J Smith , Jr , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board recessed regular session to sit in closed session for the purposes of consulting with an attorney employed by the Board in order to preserve the attorney - client privilege pursuant toPage7206 November 7 , 2022 – 10 00 am Continued North Carolina General Statute 143 - 31811 a 3 , to discuss matters relating to the location or expansion of industries or other businesses in the area , pursuant to North Carolina General Statute 143 - 31811 a 4 , and to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property pursuant to North Carolina General Statute 143 - 31811 a 5 No action was taken by the Board Commissioner Ted G Godwin moved the Board to adjourn closed session and resume regular session Commissioner Richard D Braswell seconded the motion , which carried by unanimous vote Commissioner Fred J Smith , Jr moved the Board to amend the closed session motion to include North Carolina General Statute 143 - 31811 a 6 Personnel , seconded by Vice Chairman Patrick E Harris , and carried unanimously There being no further business , Commissioner Tony Braswell moved the Board to adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 12 50 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage