November 6, 2023 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 874 Meeting of the Johnston County Board of Commissioners November 6 , 2023 10 00 am The Johnston County Board of Commissioners met in regular session Monday , November 6 , 2023 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 via Zoom Absent None Also Present County Manager Rick J Hester , Finance Officer and Deputy County Manager J Chad McLamb , County Attorney Jennifer J Slusser , Clerk to the Board Dana G Cuddington , and Executive Assistant Deputy Clerk to the Board Susie Reeves Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 10 00 am Commissioner Ted G Godwin opened the meeting with a prayer American Legion Post 71 Clayton led everyone in the Pledge of Allegiance to the American Flag Chairman Lawter reminded everyone of the Board’s six priorities including Public Safety , Infrastructure , County Employees , Financial Stewardship , Educational Funding , and Land Use and the Board’s continuing efforts to keep these priorities in mind when working through the agenda He noted Commissioner April Stephens was participating virtually in today’s meeting 1 Veterans Services Office – Proclamation for Veterans Day 2023 Chairman RS “ Butch ” Lawter , Jr recognized members of the Board including Commissioner Ted G Godwin , Commissioner Tony Braswell , Commissioner Fred J Smith , Jr , and Commissioner April Stephens noting that they are all Veterans and he thanked them for their service Veterans Services Director Robert Boyette requested the Board to adopt the proclamation for Veteran’s Day 2023 Commissioner Tony Braswell read the following proclamation aloud and moved for its adoption , seconded by Commissioner Ted G Godwin , and carried by unanimous vote PROCLAMATION - VETERANS DAY - 2023 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 , 2023 , as “ Veterans Day ” in Johnston County , and urge our citizens to commend its observance th Proclaimed this the 6 day of November , 2023 Commissioner Ted G Godwin reminded everyone of several events coming up this week to honor and recognize Veterans He stated at 5 00 pm tonight Clayton will be holding a Green Light Ceremony at thePage875 November 6 , 2023 – 10 00 am Continued Clayton Center and the annual Veterans Day Ceremony hosted by Johnston County Schools will be at the Smithfield Selma High School on Friday at 11 00 am He also noted that Benson is planning an observance ceremony on Saturday at 2 00 pm 2 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board approved the agenda as presented tabling Agenda Item No 6 – Appointments until the December 4 , 2023 agenda 3 Consent Agenda Items Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – October 2 , 2023 - 10 00 am and 6 00 pm B Department of Transportation – Additions to the System The Board concurred with the North Carolina Department of Transportation’s recommendation to add the following roads to the State Maintained System Hunter Fox Trail – Morning Glory Acres – Elevation Township Colby Farm Drive and Arapahoe Drive – Colby Farm – Beulah Township Home Run Alley – Bruce Field – Elevation Township Jeans Way – Bruce Diamond – Elevation Township Hockey Puck Way and Hurricane Alley – Madison Landing – Elevation Township Verona Drive – Tuscany – Wilders Township C Celebrate Cleveland Committee – Request for Temporary Road Closure The Board approved the request by the Celebrate Cleveland Committee to temporarily close Cleveland Road on December 5 , 2023 from 7 00 pm until approximately 7 45 pm for the annual Cleveland Christmas Parade route , subject to the Celebrate Cleveland Committee working with the NC Department of Transportation , the Johnston County Sheriff’s Office , and the North Carolina Highway Patrol and obtaining all required permits and a liability insurance policy for the event D Sheriff’s Office – Request to Surplus Vehicle Per a request by Sheriff Steve Bizzell , the Board declared the following vehicle surplus that was involved in an accident and deemed a total loss 2019 Dodge Charger VIN 2C3CDXAT2KH568322 County Asset # 13884 E Approval of Department of Social Services Director Salary Per a request by the Department of Social Services Board , the Board approved an annual salary for the new DSS Director to be 160,00000 F Appointments , approved as follows with waivers in the length of service policy where needed i Johnston County Heritage Commission – The Board reappointed Vicky Temple - Rains for a two year term to expire on October 31 , 2025 with Ms Temple - Rains receiving a waiver in the length of service policy G Budget Revisions , approved as follows Page876 November 6 , 2023 – 10 00 am Continued Finance REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 83 85461800 Construction 60,00000 TOTAL NET EXPENDITURES 60,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 83 854636270 60,00000 Transfer from SDF Reserve Fund for Capital Project Costs TOTAL NET REVENUE 60,00000 Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59157050 Non - Major Capital Assets 30,89714 10 59207050 Non - Major Capital Assets 74,45871 10 59257050 Non - Major Capital Assets 27,12075 10 59457050 Non - Major Capital Assets 86,74439 10 59607050 Non - Major Capital Assets 39,37201 TOTAL NET EXPENDITURES 258,59300 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591534154 Medicaid 30,89714 10 592034154 Medicaid 74,45871 10 592534154 Medicaid 27,12075 10 594534154 Medicaid 86,74439 10 596034154 Medicaid 39,37201 TOTAL NET REVENUE 258,59300 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 4,07502 10 51003350 Supplies – Special - Sheriff 2,50000 10 51004300 Special Services 22000 10 51007400 Capital Outlay 27,04796 10 51007414 Capital Outlay - Sheriff 23398 TOTAL NET EXPENDITURES 34,07696 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 23398 10 510032509 Insurance Recovery 31,04298 10 510033099 Miscellaneous Revenue 2,72000 10 510035104 Sheriff Fees 8000 TOTAL NET REVENUE 34,07696 H Tax Releases & Refunds – 09 16 2023 – 10 15 2023 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 25 2023 3 13 13 PM ALassiter 2023 - 102200 2000221107 SCOTT , TRAVIS 12376 10 3 2023 2 11 23 PM ALassiter 2023 - 128984 2000139703 FIRST AMERICAN COMMERCIAL 35470 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNTPage877 November 6 , 2023 – 10 00 am Continued 9 18 2023 12 26 40 PM awestbrook 2023 - 400006 2000262720 CAMPOS , RUBEN HIEN JONG 12439 YEH 9 21 2023 8 20 59 AM ONLINE 2023 - 36722 2000238423 BARHAM , STEPHEN 17032 9 21 2023 8 20 59 AM ONLINE 2023 - 9829 2000005454 BERTEL GROUP INC 16942 9 21 2023 8 20 59 AM ONLINE 2023 - 9828 2000005454 BERTEL GROUP INC 50482 9 21 2023 8 20 59 AM ONLINE 2023 - 9831 2000005454 BERTEL GROUP INC 16942 9 21 2023 8 20 59 AM ONLINE 2023 - 9830 2000005454 BERTEL GROUP INC 46738 9 21 2023 8 20 59 AM ONLINE 2023 - 55111 2000255019 BLASK , ALAN JOINT TENANTS 1,69144 WROS 9 21 2023 8 20 59 AM ONLINE 2023 - 26754 2000141292 DEBNAM , DON HUBERT 80344 9 21 2023 8 20 59 AM ONLINE 2023 - 27907 2000144694 DELGADO , MARIA T 34053 9 21 2023 8 20 59 AM ONLINE 2023 - 38447 2000110027 GREGORY , HERBERT MICHAEL 39448 9 21 2023 8 20 59 AM ONLINE 2023 - 5321 2000222490 HUERTA , ARNOLDO 15648 9 21 2023 8 20 59 AM ONLINE 2023 - 48443 2000257811 JARMAN , DONNY H 27937 9 21 2023 8 20 59 AM ONLINE 2023 - 51073 2000033433 JOHNSON , MICKEY D 1,57528 9 21 2023 8 20 59 AM ONLINE 2023 - 52541 2000145364 JOYNER , BETTY E 33568 9 21 2023 8 20 59 AM ONLINE 2023 - 52547 2000157937 JOYNER , BETTY ELAINE 17820 9 21 2023 8 20 59 AM ONLINE 2023 - 52546 2000157937 JOYNER , BETTY ELAINE 15697 9 21 2023 8 20 59 AM ONLINE 2023 - 55164 2000187200 KUYKENDALL , WILLIAM G 3,05945 9 21 2023 8 20 59 AM ONLINE 2023 - 74978 2000028552 MATHIAS , K A INC 25318 9 21 2023 8 20 59 AM ONLINE 2023 - 100485 2000043349 WAITE , DEBRA J 2,10283 9 21 2023 8 20 59 AM ONLINE 2023 - 105006 2000123360 WILLIAMS , MATTHEW C 79737 9 21 2023 11 02 49 AM awstancil 2023 - 103088 2000132757 WHEELER , GARY L 30000 9 25 2023 2 37 34 PM LOCKBOX 2023 - 109179 2000186019 GODWIN , DAVID RICKY JR 21554 9 25 2023 2 37 34 PM LOCKBOX 2023 - 49654 2000246271 LW PROPERTIES , LLC 16948 9 25 2023 2 37 34 PM LOCKBOX 2023 - 49653 2000246271 LW PROPERTIES , LLC 18560 9 25 2023 2 37 34 PM LOCKBOX 2023 - 46158 2000236729 T & T BOYS , INC 19312 9 25 2023 2 37 34 PM LOCKBOX 2023 - 19308 2000236729 T & T BOYS , INC 19695 9 25 2023 2 37 34 PM LOCKBOX 2023 - 39707 2000236729 T & T BOYS , INC 25740 9 29 2023 2 30 16 PM LOCKBOX 2023 - 93383 2000023128 STOUT , SALLY JENNETTE LIFE 23993 ESTATE 9 29 2023 2 30 16 PM LOCKBOX 2023 - 121757 2000228081 TRUE HOMES , LLC 48600 10 2 2023 3 22 55 PM LOCKBOX 2023 - 7148 2000006377 BAREFOOT , MILDRED J 1,06344 10 3 2023 2 44 00 PM LOCKBOX 2023 - 12925 2000240692 BRISTOW , STEPHEN W 1,02736 10 5 2023 1 34 47 PM awstancil 2023 - 86925 2000170507 SECU RE INC 1,68827 10 5 2023 3 04 34 PM LOCKBOX 2023 - 128950 2000259134 ACTIVCARE PHYSICAL THERAPY 10014 LLC 10 6 2023 2 33 20 PM LOCKBOX 2023 - 74660 2000136574 PAUL , ANNIE ELIZABETH 1,66145 10 6 2023 2 33 20 PM LOCKBOX 2023 - 68163 2000236274 PRICE , KEVIN R 3,55800 10 11 2023 9 17 33 AM tmeacomes 2023 - 115316 2000213793 MATTAMY HOMES LLC 40500 North Carolina Vehicle Tax System - Pending Refund Report – September 2023 100 + Payee Name Bill # Transaction # Refund Total Reason Change MORTON , 0073503040 290365728 Military 25529 NOLAN 22199 RANDALL 3000 50728 TURNER , 0073778198 385444216 Situs error 000 CRYSTAL 25069 GUNTER 2639 8356 30786 4 Public CommentsPagePage pageNumber5878 November 6 , 2023 – 10 00 am Continued Chairman RS “ Butch ” Lawter , Jr announced the Neuse Charter School Superintendent and a few students have asked to provide comments A Comments from Neuse Charter School Dr Melissa Blackwell , Superintendent , Neuse Charter School , introduced herself and stated some of the Seniors from the Class of 2024 would like to address the Board Miss Clare Harris , Senior , Neuse Charter School , stated she has been attending the Neuse Charter School since kindergarten and there are many things she loves about the school and its community Miss Harris spoke on her favorite things about Neuse Charter School being a K - 12 campus and the athletics program She noted that on a K - 12 campus , the younger grades receive mentoring through the Cougar Buddies Program while the older students are held to a higher standard knowing that the younger children look up to them Miss Harris stated she is on the Varsity Volleyball Team and it is the reason she has remained at Neuse Charter ; however , for most students , athletics are often what causes them to transfer to other schools that have better facilities Miss Harris spoke on the difficulties of holding practices at Neuse Charter because they only have one gym for the K - 12 facility , but she believes that new facilities would attract more students to the campus and allow athletes to reach their full potential Miss Whitley Kate Moore , Senior , Neuse Charter School , stated she has attended Neuse Charter School since kindergarten and some of her favorite things about the school are the small class sizes and the partnership with Johnston Community College Miss Moore stated the smaller class sizes allow students to have better bonds with teachers and classmates and there is a strong sense of community within the school She stated the partnership with Johnston Community College allows the students to take more challenging courses without having to leave the campus Dr Blackwell readdressed the Board and stated the Class of 2023 had 57 graduates and were able to accumulate over 2 million in scholarships She stated they are excited because for the first time in Neuse Charter School history , after being in operation for 17 years , they have been approved for a 10 year charter renewal Dr Blackwell stated they are thankful they were able to meet all the requirements to receive the 10 year renewal Dr Blackwell stated all four of her children attend Neuse Charter School and the staff is very invested in the programs with most of them also having their own children at the school She stated a recent report indicates the academic growth is the highest it has been in seven years for the 2022 – 2023 school year Dr Blackwell continued that they are very proud of where the school is headed and she clarified that they are a nonprofit organization with a Board that is governed by volunteers She stated all funds received go back into the school and they do not receive any funding for capital improvements , capital expansion or teacher supplements Dr Blackwell stated she is very proud of their accomplishments She introduced Neuse Charter School Board Members Michelle Denning , Jason Gipe , Lindsey Spain and Jeremy Pearce B Citizen Comments – Billy Joe Wise Billy Joe Wise , Kenly Micro area near North Johnston High School , addressed the Board regarding loud and disturbing noises and music in their neighborhood on Saturdays and Sundays from 10 00 am until 11 00 pm Mr Wise stated the noise extends across eight properties on Watson Road and a Selma Town Council Member has also reported they hear the music but is unaware of its source Mr Wise stated he began recording the noise yesterday Mr Wise also reported hearing gunshots at which point he contacted the Johnston County Sheriff’s Office and the noise subsided Mr Wise stated this has been an ongoing nuisance for over two years and it is unnerving to all the surrounding neighbors Mr Wise referenced the County’s Code of Ordinance as it relates to the Noise Ordinance Chairman RS “ Butch ” Lawter , Jr asked County Manager Rick Hester to follow up with Mr Wise regarding these concerns 5 Public Utilities – Water Treatment Optimization for PFAS and DBP Reduction Study In an agenda item provided by Utilities Director Chandra Farmer , PE , it was explained that Per - and Polyfluoroalkyl Substances PFAS are man - made chemicals that have been manufactured and used in a wide variety of industrial and consumer products since the 1940s PFAS are commonly used in products like food packaging , dental floss , carpeting , waterproof clothing and cookware and many PFAS , including perfluoro octane sulfonic acid PFOS and perfluoro octanoic acid PFOA , are a concern because they do not break down in the environment , can contaminate drinking water ground and surface and build up in fish and wildlife InPagePage pageNumber6879 November 6 , 2023 – 10 00 am Continued 2016 , the EPA first issued an interim health advisory level for PFOA and PFOS at 70 parts per trillion ppt In March 2023 , the EPA announced the proposed National Primary Drinking Water Regulation for six PFAS Ms Farmer stated the proposed regulations will limit PFOA and PFOS to 40 ppt and based on quarterly sampling over the last year , staff anticipates additional water treatment measures will be required in order to ensure compliance with the proposed limits Ms Farmer stated the adopted budget for Fiscal Year 2023 – 2024 includes funding to further evaluate and identify the best treatment technology to ensure PFAS compliance and optimize disinfection by - product DBP reduction She noted in addition , the County applied to the State for funding assistance on October 2 , 2023 Ms Farmer reported that in order to proceed with a technical evaluation , staff recommends adoption of a capital project budget and the proposed budget includes Phase One only She noted staff will recommend future budget revisions prior to further advancing the study and or if the State offers the County any funding assistance She presented the following budget for consideration for Phase One Expenses Technical Services 130,00000 Total 130,00000 Revenues Fund 67 – FY 23 24 Budget Water Treatment , Contract Services 130,00000 Total 130,00000 Ms Farmer stated staff recommends approval of the proposed project budget and she offered to answer any questions Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board approved the project budget for Phase One as presented by staff and adopted the following associated budget revision REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 82 85810406 Technical Services 130,00000 TOTAL NET EXPENDITURES 130,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 82 858137925 Transfer from Other Funds 130,00000 TOTAL NET REVENUE 130,00000 6 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of September 2023 , as follows Enforced Collections September 2023 YTD 23 24 Wage Garnishments 0 43 Bank Attachments 1 24 Levies 0 0 Foreclosures Complaints Filed September 2023 0 Pending 4 Dollars Collected September 2023 0 Sale Date No sale scheduled at this time Levy Amount and Collections to Date 2023 Real and Personal Levy 2022 Real and Personal Levy As of September 30 , 2023 As of September 30 , 2022 169,428,04406 Levy 169,080,91960 Levy 21,571,20202 Payments 21,513,33156 Payments 147,856,84204 Balance 147,567,58804 BalancePagePage pageNumber7880 November 6 , 2023 – 10 00 am Continued 1273 Collected 1272 Collected + 001 RMV – NCVTS Collections September 2023 September 2022 1,741,23982 1,651,74796 YTD 23 24 - 5,644,29206 YTD 22 23 - 5,456,51851 Ms Andrews stated the year is progressing and two months remain from yesterday to finish out what is considered to be “ timely collection ” She noted taxpayers can pay taxes for another two months with no interest and without penalty 7 Manager Reports and Comments County Manager Rick Hester stated he is waiting on some information and plans to update the Board at the evening meeting 8 Board Reports and Comments Commissioner Richard D Braswell commended the Johnston County employees Commissioner Ted G Godwin reminded everyone of the Green Light for Veterans initiative and encouraged everyone to show their support to Veterans by displaying a green light Commissioner Godwin mentioned the Alzheimer’s Awareness Ceremony was held recently and although he was unable to attend this year’s ceremony , it is always a beautiful event Commissioner Godwin also mentioned a meeting with Alliance Mental Health last week and noted that the State is consolidating some of the mental health organizations and Harnett County will be joining in with Alliance Vice Chairman Patrick E Harris spoke on the work being done on the mental health crisis in Johnston County He noted this is an ongoing problem and he hopes to have more information for the Board after a meeting on Tuesday with the Department of Social Services , the Health Department , County Attorney , and other staff Chairman RS “ Butch ” Lawter , Jr announced there will be a Community Meeting on November 16 , 2023 from 5 00 pm to 7 00 pm at the Mount Zion Global Methodist Church , 15772 NC - 50 North , Garner Chairman Lawter stated this is a drop - in meeting to share information on the potential renaming of that portion of Hwy 42 from Hwy 50 to the Wake County line Chairman Lawter also reminded everyone of the municipal elections tomorrow and encouraged those that live in the municipalities to get out and exercise their right to vote 9 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 to 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 14331811 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 Commissioner Ted G Godwin moved the Board adjourn closed session and resume regular session Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote PagePage pageNumber8881 November 6 , 2023 – 10 00 am Continued There being no further business , Commissioner Ted G Godwin moved the Board adjourn Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote The meeting adjourned at 11 27 am RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage