September 18, 2023 - 6:00 PM - Board of Commissioners Minutes

10 767 Meeting of the Johnston County Board of Commissioners September 18 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , September 18 , 2023 at 6 00 pm 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 , 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 Susie Reeves Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm Vice Chairman Patrick E Harris opened the meeting with a prayer Commissioner Tony Braswell 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 1 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the agenda with an amendment to postpone the Solid Waste Convenience Sites Study Options Update until a future meeting in October 2 Consent Agenda Items Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the consent agenda items as follows A Authorization to Exercise Option to Purchase for Hughes Property The Board authorized staff to exercise the Option to Purchase for the Hughes Property as outlined in the Memorandum of Option Agreement and Option to Purchase for property identified as Parcel ID Number 15L11012 that was approved by the Board on April 3 , 2023 B Bulk Wastewater Agreement with the Town of Smithfield , approved as follows Page768 September 18 , 2023 – 6 00 pm ContinuedPage769 September 18 , 2023 – 6 00 pm ContinuedPage770 September 18 , 2023 – 6 00 pm ContinuedPagePage pageNumber5771 September 18 , 2023 – 6 00 pm ContinuedPagePage pageNumber6772 September 18 , 2023 – 6 00 pm ContinuedPagePage pageNumber7773 September 18 , 2023 – 6 00 pm ContinuedPagePage pageNumber8774 September 18 , 2023 – 6 00 pm ContinuedPagePage pageNumber9775 September 18 , 2023 – 6 00 pm Continued C Budget Revisions , approved as follows Finance REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 58006207 Grant Expenditures 7,38000 TOTAL NET EXPENDITURES 7,38000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 580034155 Grant Revenue 7,38000 TOTAL NET REVENUE 7,38000 Finance REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 46 59006219 Opioid Abatement Expenses 1,271,33167 TOTAL NET EXPENDITURES 1,271,33167 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 46 590034244 Opioid Settlement Funds 1,270,19491 46 590037900 Investment Income 1,13676 TOTAL NET REVENUE 1,271,33167Page0776 September 18 , 2023 – 6 00 pm Continued Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59157819 COVID 19 Expense 30,00000 TOTAL NET EXPENDITURES 30,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591534155 State Grant 30,00000 TOTAL NET REVENUE 30,00000 D Appointments , approved as follows Library Board of Trustees – Appointed Karen Hill Collins for a three year term to expire on September 30 , 2026 3 Public Comments A Citizen Comments – Timothy Hodges Timothy Hodges , Clayton , spoke on his concerns with what he stated is the unfairness of the way County Commissioners are elected in Johnston County and the difficulties of voting for County Commissioners in districts that are unfamiliar and not knowing some of those candidates Mr Hodges stated voters should be allowed to elect County Commissioners within their own district of residency instead of voting at - large He encouraged the Board to consider this issue B Citizen Comments – Seth Cobb Seth Cobb , Corinth Holders Community , stated he has a farm located in Johnston County and he has been fighting with the Planning Department regarding zoning issues Mr Cobb stated the Planning Department is making up its own rules and there are stipulations on things he cannot do on his own farm Mr Cobb spoke on his time serving in the military as well as the difficulties of dealing with zoning issues as it relates to farming in Johnston County 4 JCATS – Request County Match for Community Transportation Program Grant Funds Community and Senior Services of Johnston County Executive Director Josh Jensen requested the Board to approve a match in the amount of 219,297 for the Fiscal Year 2024 - 2025 North Carolina Department of Transportation Community Transportation Program Grant for the Johnston County Area Transit System JCATS The total grant from the Department of Transportation is 1,313,089 and is the primary administrative and capital grant with which JCATS operates Mr Jensen stated the County has supported a local match of up to 20 in the past Mr Jensen outlined how the funds would be spent and stated exciting things will be happening for JCATS that have not occurred in over a decade He stated they have been authorized to apply for funding for expansion vehicles and part of this request is for five expansion vehicles , four transit vehicles , and one 25 - foot light transit vehicle Mr Jensen stated the Department of Transportation is recognizing the explosion of population in Johnston County and how much the vehicles are needed and he reviewed with the Board the formula used by the Department of Transportation for funding Mr Jenson noted there may be another grant opportunity available later in the year to apply for funding for electric vehicles Commissioner Ted G Godwin indicated that he is not supportive of electric vehicles ; however , he is aware that the current administration in Raleigh is pushing those types of vehicles Mr Jensen stated the electric vehicles grant would be a separate program , and he is unsure if a local match will be required Chairman RS “ Butch ” Lawter , Jr asked for an update on the Quick Ride program Mr Jensen informed the Board that the Quick Ride program is going extremely well and he is hopeful they can use expansion vehicles to expand that service into Clayton in Fiscal Year 2025 Mr Jenson reported the State has recognized this is a need and it is something that is being seriously looked at for the next year He noted there is a possibility that a satellite property will be needed to house some of the vehicles and it is the hope to partner with the Towns of Clayton or Wilsons Mills to find a holding place for those vehicles so they do notPage1777 September 18 , 2023 – 6 00 pm Continued have to go from Selma all the way to Clayton He stated those discussions will be ongoing and he will provide updates in the coming months to the Board of Commissioners Chairman Lawter noted that for those that attended the Triangle East State of the Region , this seemed to be a topic of interest among the membership Chairman Lawter stated the Transportation Plan Update has also focused more on how to move people around Johnston County Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the match in the amount of 219,297 for the Fiscal Year 2024 - 2025 North Carolina Department of Transportation Community Transportation Program Grant for the Johnston County Area Transit System 5 Public Utilities – Proposed Funding Applications Public Utilities Director Chandra Farmer , PE , stated the deadline to apply for the Fall 2023 round of loan and grant assistance administered through the NCDEQ Division of Infrastructure is September 30 , 2023 She stated staff recommends the County submit funding applications for the following projects No Project Name Description 1 210 WWTF 4 MGD Expansion Wastewater Treatment Plant Expansion from 40 to 80 MGD Central Johnston County Regional Preliminary treatment and SCADA improvements at the 2 Wastewater Treatment Facility existing wastewater treatment facility CJCRWWTF Improvements Water Transmission SCADA & SCADA and security improvements for the water transmission 3 Security Improvements system Wastewater Collection SCADA & SCADA and security improvements for the wastewater 4 Security Improvements collection system Selma Equalization & Pumping Upgrades to the Selma Equalization & Pumping Facilities for 5 Facilities Upgrade additional storage and pumping capacity Upgrades to the existing Four Oaks WWPS Equalization Four Oaks , Holt Lake & Neuse Facility , Holt Lake WWPS Force Main and Neuse River 6 River WW Transmission WWPS Force Main in order to transmit future additional flows Improvements received from the Town of Four Oaks to the County’s Treatment Facility Timothy G Broome Water Upgrades to the TGB WTP to ensure compliance with future 7 Treatment Plant PFAS Treatment EPA regulations related to PFAS Upgrade Ms Farmer stated the previously approved Water and Sewer Capital Improvements Plan includes all of the proposed projects She requested the Board’s consideration of a resolution authorizing the submission of the applications and designating signatory authority to Rick J Hester , County Manager and or J Chad McLamb , Deputy County Manager Chairman RS “ Butch ” Lawter , Jr noted the past couple of cycles there has been a lot of money and applications approved He asked if staff is anticipating the awards will be down this time Ms Farmer stated it can be a challenge to secure funding because there is so much growth and many of these projects are for growth , which are the ones that generally are not seen as favorable for funding She stated there has been success on some projects that are efficiency improvement projects , and it is the hope there will be some funding available in those categories Ms Farmer stated she is not confident that there will be funding to expand the water and wastewater plant , but staff is going to submit applications Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board adopted the following resolution authorizing the submittal of funding applications for the projects outlined above and designating signature authority to Rick J Hester , County Manager and J Chad McLamb , Deputy County Manager as requested by staff RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , Johnston County has need for and intends to construct , plan for , or conduct a study in projects described as • 210 WWTF 4 - 8 MGD Expansion , • CJCRWWTF Upgrades ,Page2778 September 18 , 2023 – 6 00 pm Continued • Water Transmission SCADA & Security Improvements , • Wastewater Collection SCADA & Security Improvements , • Selma Equalization & Pumping Facilities Upgrade , • Four Oaks , Holt Lake & Neuse River WW Transmission Improvements , and • Timothy G Broome WTP PFAS Treatment Upgrade WHEREAS , Johnston County intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of Johnston County to make a scheduled repayment of the loan , to withhold from Johnston County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan If applying for a regional project , that the Applicant will partner and work with other units of local government or utilities in conducting the project – Town of Four Oaks That Rick J Hester , County Manager and J Chad McLamb , Deputy County Manager the Authorized Representatives and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above That the Authorized Representative , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , ordinances , and funding conditions applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 18 of September , 2023 at Smithfield , North Carolina 6 Johnston County Board of Commissioners Residency Redistricting Project County Attorney Jennifer Slusser presented to the Board for consideration proposed plans including maps for the Residency Redistricting Project She stated staff has worked extraordinarily hard to bring these plans to fruition Ms Slusser commended GIS Director Tish Jones who provided a mathematical perspective and map options for the Board to consider She further commended the Johnston County Administrative staff including Paralegal Danielle Fletcher , Clerk to the Board Dana Cuddington , and Executive Assistant Deputy Clerk Susie Reeves Ms Slusser also commended the Public Information team led by Adam Carroll , which has been instrumental in helping staff provide information to the public along with Webmaster Ellen Beck Ms Slusser finally thanked Attorney Caroline Mackey for her guidance and noted Ms Mackey assists local governments with redistricting projects Ms Slusser presented the following information to the Board Page3779 September 18 , 2023 – 6 00 pm Continued Ms Slusser stated residency districts are unique from electoral districts and in Johnston County , Commissioners must reside in a specific district , but they run for election county - wide She stated North Carolina law does not provide for the redrawing of residency district lines every ten years like for electoral districts so when there were conversations about whether to redraw and equalize the population , the County did not have the legal authority She stated Session Law 2023 - 24 now allows the County to revise the residency districts Ms Slusser indicated that only a handful of counties that have residency districts have this authority and it is pursuant to local bills from the General Assembly Ms Slusser stated the Board has discussed the following schedule before and today’s discussion will be about the proposed plans Ms Slusser shared the following census data with the Board Page4780 September 18 , 2023 – 6 00 pm Continued Ms Slusser shared census data about the population with the Board noting that every district is outside of the typically permissible range for population deviation Ms Slusser presented the following map options with the Board and noted the public comment period opens today She stated there is a public drop - in session th scheduled for September 20 from 5 00 pm until 7 00 pm and there will be interactive maps available for citizens to review Ms Slusser stated the County’s website will be updated with the interactive maps including a portal in which citizens can provide comments so that they do not have to travel to the drop - in session if they are unable to do so Ms Slusser stated if the Board decides to move forward with redistricting , October 2 , 2023 would be the official Public Hearing and the Board could consider adoption of a resolution to redefine the residency districts She stated if the Board decides to make those changes , staff would then transmit the information to the Board of Elections on October 3 , 2023 Ms Slusser noted that the deadline to complete this would be October 7 , 2023 if the Board wanted to implement the new districts for the 2024 election Proposed Commissioner Districts Map 1Page5781 September 18 , 2023 – 6 00 pm Continued Proposed Commissioner Districts Map 2Page6782 September 18 , 2023 – 6 00 pm Continued Proposed Commissioner Districts Map 3Page7783 September 18 , 2023 – 6 00 pm Continued Chairman RS “ Butch ” Lawter , Jr asked when would the public comment period close Ms Slusser stated the public comment period will close on October 2 , 2023 She referenced the 2020 census data and stated the information from the estimates served as a basis for the maps presented to the Board She noted this data is from April of 2020 She further stated Johnston County has experienced growth since that time , and the estimated population of Johnston County is now 251,609 , which would provide for an ideal district size of around 36,000 Ms Slusser stated the total population is used in the maps and not registered voters Ms Slusser stated the number one goal is to equalize the population and staff’s goal was to keep incumbents in separate districts and follow the natural boundaries and physical features such as roadways and waterways to the extent possible Chairman Lawter asked how staff developed the numbers from the actual 2020 census data to the estimated population in 2023 Ms Slusser responded it was a statistical calculation of 217 that was based upon actual parcel numbers She stated GIS has used this calculation for many years for determining estimated populations and based on historical data , this method has been accurate Ms Slusser stated this was a complicated mathematical analysis used by GIS Director Tish Jones and she is available for more specific questions At the inquiry of Commissioner Tony Braswell , Ms Slusser stated the interactive map can better show all the different roads , features , and boundaries within the districts on the GIS maps Commissioner Ted G Godwin spoke in favor of Map 1 stating he feels Map 2 violates the guiding principles Ms Slusser stated staff looked at the maps using population numbers , natural boundaries , and physical features while attempting to keep the incumbents in their separate districts Ms Slusser stated if the Board decides to move forward , it would need to find as fact that there is a substantial inequality of population in the current districts , using the 2020 census data and percentage deviations Ms Slusser reiterated that the maps are displayed in the courthouse , the public comment period is now open , and the web portal with the interactive maps are available with a comment submittal form Chairman Lawter thanked GIS Director Tish Jones and the GIS staff for the countless hours they spent looking at calculations , map lines and numerous adjustments Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Fred J Smith , Jr , and carried unanimously , the Board approved to find as fact , based on the 2020 census data and percentage deviation as presented , that there is a substantial inequality of population in the current districts Ms Slusser stated the next step in the process is the public drop - in session this week and she noted that GIS staff will be available at that meeting to assist the public with the maps She reiterated that the portal on the website also provides an opportunity for the public to send comments to the Clerk to the Board and the public can also call the Clerk to the Board to provide their comments 7 Manager Reports and Comments Letter of Support for NCDOT Reconnecting Communities and Neighborhood Program Grant Johnston County Parks , Greenways , and Open Space Coordinator Adrian O’Neal addressed the Board on a grant opportunity and requested a letter of support Mr O’Neal explained that staff was approached via email by the McAdams firm , which is currently working on the feasibility study for the Mountains to Sea East Coast Greenway trail from Smithfield to the County line He stated the grant is from the North Carolina Department of Transportation and is called Reconnecting Communities and Neighborhood Programs Mr O’Neal stated the grant is a required partnership challenge grant for neighborhood access and equity programs and it is a 100 design and construction grant with no County match for up to seven miles of trail Mr O’Neal stated a letter of support is required as part of the application Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved providing a letter of support for the grant as requested Page8784 September 18 , 2023 – 6 00 pm Continued 8 Board Reports and Comments Commissioner Richard D Braswell commented that in his dealings with the various County departments , he is able to get a feel for the quality employees and he has experienced nothing but extreme professionalism , immediate help and great attitudes Commissioner R Braswell commended all the great employees of the County Commissioner Ted G Godwin recalled comments from Mr Seth Cobb during the public comment portion of the meeting and stated he would like to know more information regarding his concerns Commissioner Godwin also recalled the comments of Mr Timothy Hodges speaking of unfairness , which he regrets and stated that one of the things that makes this County good is the fact that the Commissioners represent the entire County Commissioner Godwin stated when the process of electing people specifically by the people in that District begins , he feels it can create special interest , or being at odds with other parts of the County Commissioner Godwin stated he is glad Johnston County elects County officials by the whole because everyone in the County gets a say Commissioner Godwin encouraged any one that has an interest to run for office Commissioner Fred J Smith , Jr added to the comments by Commissioner R Braswell stating he has also had a lot of dealings with the various County departments , and he commended GIS Director Tish Jones for her level of work and confidence Commissioner Smith stated the knowledge and customer service displayed by Ms Jones is fantastic and he was glad to see that she was capable of preparing the redistricting maps rather than having to pay an outside consultant Commissioner Smith stated this has saved the County a lot of money and shows that Ms Jones is the best at what she does Chairman RS “ Butch ” Lawter , Jr stated as part of his regular job , he gets to look at GIS programs from counties all across North Carolina and he feels very comfortable in saying that Johnston County’s GIS application is at the top He stated the County is very fortunate to have GIS Director Tish Jones and her staff here in Johnston County Chairman Lawter reminded the Commissioners and the public of the Beyond Design - Bid - Build Seminar Alternative Project Delivery Methods for Public Building Projects being held on September 27 , 2023 at 9 00 am until 12 00 pm at the Johnston County Agricultural Center , 2736 NC Hwy 210 in Smithfield He stated the County has also reached out to the Towns and regional organizations about attending this seminar There being no further business , Vice Chairman Patrick E Harris moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 7 02 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage