Board of Commissioners Meeting Highlights -June 20, 2022 - 6:00 pm

10 HIGHLIGHTS OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS MEETING JUNE 20 , 2022 - 6 00 PM Videos of the Johnston County Board of Commissioners meetings may be viewed at the following https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda – Agenda approved 2 Consent Agenda Items – Consent agenda items approved A Approval of Minutes – May 16 , 2022 B Department of Transportation – Additions to System NC DOT is requesting the Board to concur with their recommendation to add the following roads to the State Maintained System McPoole Lane – Bittle Creek – Wilders Township C Appointments ? Library Board of Trustees – 2 positions ; 3 year terms Jennifer Seagraves has applied for reappointment Emily Gail Scott has applied for appointment D Tax Releases and Refunds – 04 16 2022 - 05 15 2022 3 Public Comments The following individuals addressed the Board during Public Comment ? 911 Director Brett Renfrow ; ? Dot Ehlers , Reentry ; and ? Timothy Hodges Note Full comments can be viewed in the video from the meeting at the following link https wwwyoutubecom watch v 8xPvrMOyG9k 4 Fiscal Year 2022 - 2023 County Budget Discussion and Adoption The Board adopted the County Manager’s proposed budget with the following revisions ? Appropriate 85,573,000 in current expense for Johnston County Public Schools ? Appropriate 6,028,933 for current expense and 1,090,943 for capital outlay for Johnston Community College ? Maintain 8 cent tax rate for the Research Training Zone ? Approve a pay adjustment of 3 in July with a potential performance pay adjustment of up to 2 in October ? Approve the transfer of fire tax collection fees to a special fund to assist fire departments ? Appropriate 625,000 to Triangle Land Conservancy ? Appropriate an additional 50,000 for Johnston County Regional Airport grant matches Please note 200,000 was in the Manager’s proposed budget Page? Appropriate an additional 158,339 for the Johnston County Area Transportation System JCATS ? Appropriate a total of 722,000 for the Public Library ? Appropriate a total of 50,000 for the Partnership for Children of Johnston County ? Appropriate a total of 325,000 for Harbor There was 75,000 in the Manager’s proposed budget The 250,000 difference is proposed as a one - time amount ? Appropriate 15,000 for the Special Olympics ? Appropriate 28,000 for the Smithfield Rescue Mission ? Approve the recommendation from the Moccasin Creek Service District Board for the district property tax rate to increase from 15 cents to 3 cents per 100 value ? Approve the fire district tax rate increases as recommended by the Fire Tax Committee and Fire Departments , as follows West Johnston - 7 to 9 cents Bentonville - 8 to 12 cents Wynn Four Oaks - 8 to 105 cents Strickland’s Crossroads - 10 to 12 cents ? Increase ad valorem revenue by 3,000,000 , sales tax revenue by 2,000,000 and appropriate 2,806,215 from reserves Total of adopted budget amount - 309,059,934 5 Triangle Land Partners , LLC and Floyd Landing Holdings , LLC – Request Approval for Relocation of Graves The Board adopted a resolution approving the request Triangle Land Partners , LLC on behalf of Floyd Landing Holdings , LLC is requesting the Board to adopt a resolution approving the relocation of 16 graves from the abandoned Parrish - Holt Cemetery The graves are located in the proposed development of the Floyd Landing residential subdivision identified as Johnston County PIN 15077035H Triangle Land Partners , LLC has confirmed that in accordance with North Carolina General Statutes , notice of the proposed relocation has been published in The News & Observer on February 22 and March 1 , 8 , and 15 , 2022 and the next of kin has been notified The graves are proposed to be relocated to Sunset Memorial Park in Smithfield , North Carolina 6 Alliance – Update to the Board - Informational item Representatives from Alliance will update the Board 7 Public Utilities – Design - Build Project Delivery Timothy G Broome Water Treatment Plant - Request approved In accordance with NCGS 143 - 1281A b , a governmental entity shall establish in writing the criteria used for determining the circumstances under which the design - build method is appropriate for a project , and such criteria shall , at a minimum , address all of the following 1 The extent to which the governmental entity can adequately and thoroughly define the project requirements prior to the issuance of the request for qualifications for a design - builder 2 The time constraints for the delivery of the project 3 The ability to ensure that a quality project can be delivered 4 The capability of the governmental entity to manage and oversee the project , including the availability of experienced staff or outside consultants who are experienced with the design - build method of project delivery 5 A good - faith effort to comply with NCGS 143 - 1282 , NCGS 143 - 1284 , and to recruit and select small business entities The governmental entity shall not limit or otherwise preclude any respondent from submitting a response so long as the respondent , itself or through its proposed team , is properly licensed and qualified to perform the work defined by the public notice issued under NCGS 143 - 1281A c Page6 The criteria utilized by the governmental entity , including a comparison of the advantages and disadvantages of using the design - build delivery method for a given project in lieu of the delivery methods identified in subsections 1 , 2 , and 4 of NCGS 143 - 128 a1 Staff proposes establishment of the following criteria to determine the circumstances under which the design - build project delivery method is appropriate for the Timothy G Broome Water Treatment Plant 14 - 18 MGD Expansion 1 The County must define the project requirements prior to the issuance of the Request for Qualifications RFQ CRITERIA The County will thoroughly define the proposed project with the following information prior to the RFQ ? Project location ? Project objectives ? Project scope of work ? Project budget ? Project schedule APPLICATION OF CRITERIA The Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project has been sufficiently defined such that internal staff and outside consultants can adequately convey information related to the project location , objectives , scope of work , budget and schedule County staff and consultant developed and submitted a project definition to the North Carolina Department of Environmental Quality Drinking Water State Revolving Fund in support of a funding application for the project 2 Time constraints for delivery of the project CRITERIA Time constraints for delivery of the project shall be such that ? The traditional “ design - bid - build ” project delivery method is not capable of meeting schedule demands for the project ; or ? Delivery of the project using the traditional “ design - bid - build ” project delivery method cannot be accomplished within the time constraints of the project given the prescribed project funding APPLICATION OF CRITERIA This project is critical to the water supply needs of Johnston County This project is necessary In order to meet projected peak day demands for the summer of 2025 based on recent updated demand projections Updated demand projections include unprecedented growth for many of the County’s bulk customers The traditional “ design - bid - build ” project delivery method will not meet the County’s need for additional peak day supply in 2025 3 Ability to ensure that a quality project can be delivered CRITERIA Delivery of a quality project shall be ensured through one or more of the following ? Hiring of an owner’s representative to perform independent inspection and oversight of the project with experience in the design - build project delivery method ; ? Requiring the design - build team to furnish third - party inspection services ; and or ? Inspections performed by Johnston County staff APPLICATION OF CRITERIA The County will ensure quality delivery of the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project by the use of an outside consultant as an owner’s representative that has project management and delivery experience with the design - build project delivery method The County retained HDR Engineering Inc of the Carolinas HDR to serve as the owner’s representative , and HDR shall serve as an agent of the County The Phase 1 contract includes project administration , permitting management , delivery method selection , RFQ development , contract negotiations and funding application assistance The Phase 2 contract will include construction support services In addition , County staff experienced in contract and construction management will ensure a quality project delivery 4 The capability of the County to manage and oversee the project CRITERIA The capability of the County to manage and oversee the project shall be accomplished through both of the following ? Dedication of a project management team comprised of internal County staff ; andPage? Hiring of an owner’s representative to provide project oversight through the entire project delivery process , including design , construction and commissioning APPLICATION OF CRITERIA The County has retained the services of HDR to serve in the role of owner’s representative for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project HDR will be responsible for project management HDR has experience in the design - build project delivery method and will provide oversight for this project The County also has experienced staff to aid with project management The core project team has experience with water treatment plant projects and other utility water sewer projects throughout the County Internal staff will assist in reviewing the work of the design - builder and the outside consultant Such staff includes the Director of Utilities , Assistant Director of Utilities – Treatment ; Engineering Manager ; Capital Projects Manager ; Electrical Instrumentation SCADA Manager ; and supporting operational staff The combination of County staff and outside consultant HDR will ensure proper oversight and management of the project through the entire project delivery process , including design , construction , and commissioning 5 Good faith efforts to comply with NCGS 143 - 1282 , NCGS 143 - 1284 and recruit and select small business entities must be able to be accomplished in order to use the design - build method CRITERIA Good faith efforts must be used to solicit , recruit and select small business entities APPLICATION OF CRITERIA Good faith efforts to comply with the North Carolina General Statues related to minority participation and historically under - utilized businesses , as well as the ability to select small business entities using the design - build project delivery method , will be achieved for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project through ? Following applicable law ; ? Following Johnston County’s Minority and Small Business Participation Outreach Policy ; ? Meeting any funding source requirements ; ? Conducting a business outreach meeting specific to this project ; and ? Advertising the RFQ The RFQ for a design - builder will not preclude or limit any respondent from submitting a response so long as the respondent is properly licensed and qualified to perform the work The RFQ documents include provisions regarding self - performance of work , outreach of historically under - utilized businesses HUB and outreach of minority and women owned business entities MBE WBE 6 A comparison of the advantages and disadvantages of the use of the design - build project delivery method shall show an overall advantage to the County for using the design - build project delivery method in - lieu of the methods identified in NCGS 143 - 128 a1 1 , 2 and 4 CRITERIA The design - build project delivery method must show an overall advantage when compared with separate - prime bidding , single - prime bidding and construction management at risk project delivery methods APPLICATION OF CRITERIA Utilizing the deign - build project delivery method for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project presents clear advantages when compared with other project delivery methods , as follows ? The design - build project delivery method is a process in which the owner hires a design and construction team , or integrated team , based on a review of qualifications from various design – build teams The proposed design - builders are willing partners in the business venture and are incentivized through their contractual or organizational relationships to deliver the project to the owner within the prescribed budgetary and scheduling constraints The owner maintains a single contractual relationship with the design - build team Advantages of design - build include the following o Projects are delivered in a shorter timeframe as design and construction activities overlap rather than requiring the completion of design prior to beginning construction Likewise , the design - builders can begin to procure items with significant project schedule impacts , such as long - lead equipment , early in the project Similarly , the construction work can be divided into two or more phases , allowing early scopes of work , such as sitework and utility work , to proceed while design work on remaining scopes are being finalized PagePage pageNumber5o Price certainty , as design proceeds to a point where a guaranteed maximum price GMP is obtained from the design - builder to design completion o Ability to select the design - build team based on qualifications and experience o Focus on the constructability of a project’s design and how to maintain plant operations during construction , which is critical to avoid service disruptions ? Separate - prime bidding and single - prime bidding project delivery methods referred to design - bid - build project delivery are the processes the County has traditionally used to deliver most projects Under these processes , the owner hires a designer based on qualifications The designer prepares plans and specifications , which are then publicly advertised to obtain the lowest responsible , responsive bid from a licensed contractor or contractors in subdivisions or branches of work , in the case of multi - prime bidding who constructs the project The primary advantage of this method is that there is a clear indication of low price at the time of bid However , this bid assumes no owner or design modifications during construction The actual total project cost is not known until all change orders are identified near the completion of construction The owner maintains separate contractual relationships with the designer and contractor s under these methods The delivery time is generally longer for these methods than design - build due to the requirement that design be entirely complete prior to bidding the project for construction ? Construction Management at Risk is a delivery method in which the owner hires a design professional and a separate construction manager contractor using a qualifications - based selection process These two entities become an owner - created design construction team to deliver a completed project to the owner under terms and conditions in which the owner obtains a guaranteed project cost from the construction manager at risk The primary benefits of this process are that the owner retains flexibility in meeting contracting goals related to HUB MBE and local contractor participation The main disadvantage of this method is that the construction manager at risk and design professional are placed into a teaming arrangement by the owner , creating a higher potential for less cohesiveness and disagreement when compared to a market - driven partnering arrangement developed in the design - build delivery method Based on the delivery method comparison , the design - build project delivery gives a clear advantage to the County for this project , because the main advantages are shorter project completion time and greater cost certainty during the design phase of the project Given the near - term need of the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion and the inherent high - dollar cost of this project , the design - build project delivery method advantages best coincide with the core needs and risks of this project Staff recommends the Board of Commissioners approve the establishment of these criteria for determining circumstances under which the design - build method is appropriate for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion and authorize the use of the design - build project delivery method for the project 8 Public Utilities – Residential Septage Disposal Temporary Policy Procedural Modification Request approved The Johnston County Water and Sewer Policies allow authorized septage haulers to dispose of residential septage waste received in Johnston County to be disposed of and treated in the County’s wastewater system at 680 County Home Road Solid Waste staff weighs the septage waste delivered by haulers to the Johnston County Landfill , then haulers deliver and discharge the waste at the Public Utilities operated BioSolids Dewatering Facilities on County Home Road The County is upgrading the septage receiving facility as part of the 210 WWTF and BioSolids Improvements project Unfortunately , the County cannot safely accommodate septage hauler trucks and ensure continuous operations at this facility during the construction of upgrades Therefore , staff proposes toPagePage pageNumber6temporarily July 5 , 2022 – June 30 , 2023 require septage haulers deliver waste to the Central Johnston County Regional Wastewater Treatment Facility CJCRWWTF at 1000 E Huntley Street , Smithfield Staff proposes the following temporary procedure 1 Haulers continue to weigh septage at the Johnston County Landfill 680 County Home Road 2 Haulers deliver the septage for disposal to the CJCRWWTF at 1000 E Huntley Street Disposal hours shall be 8 00 am – 4 30 pm 3 Haulers must present their weigh ticket to staff at the CJCRWWTF for visual verification The weigh ticket must be dated the same day as disposal 4 Postpone the proposed FY 22 23 septage disposal rate increase until the County resumes normal septage receiving operations We acknowledge the inconvenience imposed to haulers during this period Unfortunately , this is the best solution to allow for continued disposal operations as we work to upgrade and improve our facilities We will encourage the contractors to expedite work to the extent possible Staff respectfully requests Board of Commissioners approval of the modified temporary operations and postponement of the FY 22 23 proposed rate adjustment for residential septage disposal 9 Manager Reports and Comments A Budget Revision Per a request by Sheriff Steve Bizzell , the Board approved the following budget revision REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51000210 Salaries – Overtime 2,18295 10 51001700 Vehicles 15,20528 10 51004300 Special Services 400 10 51007414 Capital Outlay – Sheriff 7617 TOTAL NET EXPENDITURES 17,46840 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 7617 10 510033099 Miscellaneous Revenue 17,19223 10 510035104 Sheriff Fees 20000 TOTAL NET REVENUE 17,46840 B Lease Agreement Per the request of staff , the Board approved entering into a lease agreement between the County and Patando II , LLC , for building space located at 721 N Brightleaf Boulevard Suite 6 – Pine Needle Square Shopping Center and authorized the County Manager and County Attorney to finalize the terms of the agreement 10 Board Reports and Comments Commissioner Ted G Godwin recognized and expressed his appreciation to former County Commissioner Lee Jackson who now serves as a representative for the County on the Alliance Health BoardPagePage pageNumber7of Directors Commissioner Godwin commented that Mr Jackson does an outstanding job for the County on this Board Chairman RS “ Butch ” Lawter , Jr stated he has four items that he would like for staff to look at in the new fiscal year 1 For the Fiscal Year 2023 - 2024 budget he would like to see that process begin earlier , perhaps in March ; 2 For the County Attorney to look at drafting a suggested set of rules and procedures for the Board to consider for future meetings ; 3 For the Public Utilities Director to begin including municipal information in the monthly water and wastewater reconciliation reports ; and 4 To look at updating the transportation plan for the County Commissioner Godwin noted that the Board of Commissioners has been recognized in the past by some of the local press as being “ citizen friendly ” as it relates to County Commissioners meetings and he hopes that as the Board develops rules for future meetings that does not get lost 11 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 5 – Acquisition of Property No action was taken Page