January 17, 2023 - 6:00 PM - Board of Commissioners Minutes

10 317 Meeting of the Johnston County Board of Commissioners January 17 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , January 17 , 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 Commissioner Ted G Godwin opened the meeting with a prayer Commissioner Tony Braswell led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda as presented 2 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 consent agenda items as follows A Approval of Minutes – November 21 , 2022 6 00 pm B Town of Clayton – Appointment to Clayton Board of Adjustment Per a request by the Town of Clayton , the Board appointed the following individual to the Clayton Board of Adjustment representing the ETJ area of the Town Marty Bizzell , 1026 Brookhill Drive , Clayton term expiring 12 31 2025 C Town of Clayton – Appointment to Clayton Planning Board Per a request by the Town of Clayton , the Board appointed the following individual to the Clayton Planning Board representing the ETJ area of the Town Jodie Dupree , 380 Riverwood Drive , Clayton term expiring 12 31 2025 D Proclamation – ALL IN RED Month , adopted as follows PROCLAMATION Whereas , the well - being of our community is of paramount importance and maintaining excellent health among our citizens is a top priority , February marks the one month , county - wide heart health awareness campaign entitled “ ALL IN RED ” , presented by Johnston Health and Aramark , and organized by the Johnston Health Foundation ; and Whereas , in the United States , North Carolina , and Johnston County heart disease is the leading cause of death among men and women ; and Whereas , Heart Disease and Stroke ranks among the top five health priorities in Johnston County ; per the 2019 Johnston County Community Health Needs Assessment Implementation Plan ; andPage318 January 17 , 2023 – 6 00 pm Continued Whereas , per the Center for Disease Control and Prevention CDC , about 80 of deaths from premature heart disease and stroke could be prevented by changes in physical activity , diet , education and management of common medical conditions ; and Whereas , ALL IN RED is an opportunity to increase heart health awareness , while addressing the growing needs of local heart patients ; and Whereas , the ALL IN RED campaign invites all Johnston County residents , business owners and visitors to participate in this initiative by wearing RED on February 3 , 2023 , National Wear Red Day , and or running a RED promo or fundraiser in February ; and Whereas , the financial challenges of a heart patient are enormous ; all funds raised within this campaign period will benefit local heart patients through the Johnston Health Foundation’s Heart Fund ; and Whereas , on this day , we recognize heart disease and stroke survivors , those battling the disease , their families who are their source of love and encouragement and applaud the efforts of our medical professionals who provide quality care NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim February 2023 as “ ALL IN RED MONTH ” and encourages businesses , industries and citizens in the community to support and participate in this event th Duly proclaimed this 17 day of January 2023 , while in regular session 3 Public Comments A Citizen Comments – Trey Walters Trey Walters , business owner in Smithfield , addressed the Board stating he owns Blue Line Aviation , Blue Line Technical Services , Low and Slow Smokehouse Restaurant , and Spark Chasers Aircraft Services at the Johnston Regional Airport Mr Walters spoke on a recent “ State of Aviation ” event that was held at the Johnston Regional Airport , stating his company was not invited to this event Mr Walters reported there has been a decrease in private air travel from Raleigh , while Johnston County has experienced a huge increase and his companies are a part of those changes by them bringing in business Mr Walters stated Blue Line Aviation has fulfilled and exceeded their commitments under the Economic Development Incentive Grant agreement which included performance requirements He stated under the grant agreement , Blue Line was to invest 4 million in facilities ; however , they have invested over 10 million , have grown by 50 employees instead of 25 , and along with three companies , they recently acquired a fourth with staffing expected to double Mr Walters stated 29 aircraft have been based in Johnston County which is six times more than their original commitment Mr Walters provided the Board with statistics of their flights , flight hours , training certifications and licenses stating Blue Line has assisted with addressing the current airline pilot shortages Mr Walters announced that Blue Line Aviation will be offering the “ Fly Right Scholarship Program ” which will fund 100,000 for a student in Johnston County to become an airline pilot He stated the focus is for the recipient to be of high moral character and ethics that go above and beyond to make the world a better place Mr Walters stated Blue Line sales have increased over 50 with that trend expected to continue if they are not hindered Mr Walters stated despite all the good they are doing , they are in litigation with the Airport Authority and he would like for the Airport Authority to follow the law He encouraged the Board of Commissioners to make changes that will prevent this scenario from happening to another business B Introduction of New Johnston Community College President Chairman RS “ Butch ” Lawter , Jr introduced Dr Vern Lindquist as the new Johnston Community College President Dr Lindquist stated he is on his third day of the job and he is looking forward to working with the Board of Commissioners Page319 January 17 , 2023 – 6 00 pm Continued 4 CloudWyze – Update to the Board At the request of Chairman RS “ Butch ” Lawter , Jr , County Manager Rick Hester stated back in the spring , presentations were made to the Board of Commissioners by broadband companies as it relates to matching funding for the NC Great Grant Program that are to be used to expand broadband services across North Carolina Mr Hester reported the State selected the providers to receive the grants and Cloudwyze was selected by the State for Johnston County Mr Hester stated staff has met with representatives from Cloudwyze who would like to update the Board on their plans Mr Hester noted that the original plan was to provide broadband service to approximately 1,300 homes ; however , their revised plan would provide service to approximately 2,000 homes Shawn Olsen , President and CEO of Cloudwyze , updated the Board stating the focus of the company is to close the gap for broadband in counties , predominantly in eastern North Carolina He presented the following information Mr Olsen stated the NC Great Grant was awarded in 2022 and additional funds are anticipated before the summer He reported the Johnston County grant is 47 million and will serve a little over 2,000 households with high - speed fiber access Mr Olsen stated the match is 762,000 which they propose to be split between Cloudwyze and Johnston County He noted they are awaiting paperwork from the State , but it is anticipated the project will begin in the second quarter of 2023 Page320 January 17 , 2023 – 6 00 pm Continued Mr Olsen shared information with the Board on their other projects in Nash and Harnett Counties , as follows PagePage pageNumber5321 January 17 , 2023 – 6 00 pm Continued Commissioner Tony Braswell commented that the number one topic with his constituents is often broadband coverage He stated no matter the direction , there will still continue to be voids in service and the challenge now is how to close those voids Mr Olsen stated their mission from the beginning is that no one remain unserved in the County He stated the Nash and Harnett County initiatives came about through meetings with officials in those areas that understood where the needs are regardless of what the maps show Mr Olsen stated Cloudwyse would continue to pursue grants for Johnston County At the request of Commissioner Richard D Braswell , Mr Olsen stated a more detailed map of where service would be extended under this project could be provided to the Board County Manager Rick Hester recalled that when the broadband companies presented to the Board last year , the Board indicated the County would consider matching funds and staff will continue to examine if the 40 million in ARPA funds could be used as the source of the match Mr Hester suggested that any action taken by the Board include a requirement for monthly updates from Cloudwyze on the project Vice Chairman Patrick E Harris commented that while more work is needed , the County is moving in the right direction and this project would be making progress with the 2,073 households served with an additional 55 miles of high - speed fiber Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board voted to provide half the matching funds , not to exceed 381,000 for the project , subject to a performance agreement , budget amendments as necessary and that the reimbursement to Cloudwyze would come at the completion of the project pursuant to the terms of the performance agreement , and further that monthly progress reports shall be provided to the County 5 Public Utilities - Bulk Wastewater Agreement with the Town of Clayton NC 42 West Utilities Director Chandra Farmer stated the County has an existing 8 ” force main along NC 42 west of Clayton NC 42 Force Main Ms Farmer explained the NC 42 Force Main was constructed in 1992 to discharge wastewater into the Town’s system for treatment She stated a 1993 interlocal agreement between the County and Town outlined a “ pass through ” arrangement allowing for the exchange of up to 600,000 gpd of wastewater between the two entities for treatment She also stated that subsequent interlocal agreements have updated transmission and treatment operations between the Town and County over the last thirty years Ms Farmer stated in recent months , County and Town staff worked to propose an interlocal wastewater agreement to outline future operations of the NC 42 Force Main Ms Farmer also stated the proposed agreement allows the County to discharge up to 450,000 gpd through the NC 42 Force Main to the Town’s system for treatment and allows the Town to discharge up to 150,000 gpd into the NC 42 Force Main for up to eight years Ms Farmer stated after the Town ceases discharge into the NC 42 Force Main , the County can discharge up to 600,000 gpd through the NC 42 Force Main to the Town’s system for treatment Ms Farmer stated the agreement term is for 20 years with a renewal option for two additional ten - year terms Commissioner Richard D Braswell asked about the amounts to Clayton and whether the Town would have the right to discharge the same amount through the County’s plant Ms Farmer responded that would be through a separate interlocal agreement At the inquiry of Commissioner Fred J Smith , Jr , Ms Farmer confirmed this is all west of the Town of Clayton on Hwy 42 Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the Bulk Wastewater Agreement with the Town of Clayton , as follows BULK WASTEWATER AGREEMENT BETWEEN JOHNSTON COUNTY AND TOWN OF CLAYTON THIS AGREEMENT is made and entered into this the ___ day of ____________ , 2023 , by and between the Town of Clayton , North Carolina , a municipal corporation , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Town ” and Johnston County , a body politic organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” or “ County ” WITNESSETHPagePage pageNumber6322 January 17 , 2023 – 6 00 pm Continued WHEREAS , under Article 20 of Chapter 160A of the North Carolina General Statues , as amended the “ Interlocal Act ” , municipalities and counties are authorized to enter into Interlocal cooperation undertakings with other local governments for the joint exercise of any power , function , public enterprise , right , privilege , or immunity of local governments in North Carolina ; WHEREAS , the Town and County entered into an Interlocal Agreement dated August 2 , 1993 the “ 1993 Interlocal Agreement ” for the purposes of allowing for the transfer of wastewater between the Town and County ; WHEREAS , the Town and County also entered into a Memorandum of Understanding augmenting the 1993 Interlocal Agreement on March 20 , 2008 ; WHEREAS , the Town and County also entered into an Interlocal Agreement dated November 2 , 2009 the “ 2009 Interlocal Agreement ” ; WHEREAS , the Town and County also entered an Interlocal Agreement dated September 30 , 2014 the “ 2014 Interlocal Agreement ” ; WHEREAS , the Town and County also entered an Interlocal Agreement dated September 3 , 2019 the “ 2019 Interlocal Agreement ” ; WHEREAS , the Town currently holds the right to 144 million gallons per day MGD of capacity in the County’s wastewater transmission system and of treatment capacity at the County’s wastewater treatment plant ; WHEREAS , the County owns an 8 ” force main along NC 42 west of Clayton the “ NC 42 Force Main ” which may be used to discharge up to 600,000 gallons per day gpd of wastewater into the Town’s system for treatment ; WHEREAS , the County desires to discharge up to 450,000 gpd to the Town through the NC 42 Force Main and the Town desires to discharge up to 150,000 gpd into the NC 42 Force Main from their retail service area in the vicinity of the NC 42 US 70 Bypass Interchange ; WHEREAS , the Town and County desire to set forth their agreement for such services herein NOW , THEREFORE , in consideration of the mutual covenants , conditions and terms contained herein , as well as other mutual consideration that both the Town and County agree is sufficient , the parties hereto , intending to be legally bound hereby , agree as follows ARTICLE I PURPOSE The purpose of this agreement is to set forth the terms and conditions of agreement between the Town and the County regarding the Town’s and County’s wastewater collection and treatment services related to the County’s NC 42 Force Main ARTICLE II DISCHARGES The parties hereby agree to the following A County’s Discharges 1 The County may discharge into the NC 42 Force Main , and the Town shall treat such discharge , up to a maximum monthly average daily amount of 450,000 gallons of wastewater 2 The County’s discharge pursuant to this Agreement will be into the NC 42 Force Main , then into the Copper District development’s gravity sewer system that flows to the Copper District wastewater pump station and force main owned by the Town that discharges into the NC 42 Force Main 3 At such time as the Town discontinues discharging into the NC 42 Force Main , the County’s allowable discharge to the Town through the NC 42 Force Main shall be increased to , and the Town agrees to treat , up to a maximum monthly average daily amount of 600,000 gallons of wastewater The Town shall be responsible for making the necessary changes to the NC 42 Force Main to prevent the County’s wastewater from entering the Copper District development’s gravity sewer system B Town’s Discharges 1 The Town may discharge into the NC 42 Force Main up to a maximum monthly average daily amount of 150,000 gallons of wastewater 2 The Town’s right to discharge into the NC 42 Force Main shall terminate eight 8 years from the effective date of this Agreement C All wastewater discharged into the NC 42 Force Main for treatment by the Town pursuant to this Agreement shall comply with the Town’s Sewer Use Ordinance ARTICLE III SERVICE CHARGES A The County shall deduct wastewater flow discharged from the County to the Town at the NC 42 Force Main from the wastewater flow discharged to the County from the Town at East Clayton Industrial Area and shall bill the Town for the difference at the County bulk commodity rate adopted by the Johnston County Board of Commissioners and published as part of the “ Johnston County Water and Sewer Policies , ” as it may change from time to time Bulk commodity rates shall be reviewed annually by the County and may be adjusted to a new bulk rate by the Board of Commissioners In the event the County’s discharge to the NC 42 Force Main exceeds the discharge from the Town to the County at the East Clayton Industrial Area , the Town shall bill the County for the difference at the Town’s rate then in effect B Flow discharged from the County to the Town at the NC 42 Force Main shall be determined based on total flow measured by the County at the new magnetic flow meter located where the NC 42 Force Main discharges into the Copper District gravity sewer system C The County shall invoice the Town for the difference in flow calculated according to paragraphs A and B above The Town shall pay the County the invoice amount within 30 days from the date the Town receives the invoice In any event where the County’s flow to the Town exceeds the Town’s flow to the County , the County shall pay the Town the invoice amount within 30 days from the date the County receives the invoice ARTICLE IV INSTALLATION AND MAINTENANCE OF FACILITIESPagePage pageNumber7323 January 17 , 2023 – 6 00 pm Continued A The Town shall install one new master magnetic flow meter The new master magnetic flow meter shall be installed where the NC 42 Force Main discharges into the Copper District development’s gravity sewer system and shall be operated , maintained and repaired by the County B The County agrees to have a third party perform calibration services on a yearly or more frequent basis , as needed , and further agrees that the Town shall have access to the meter ARTICLE V MISCELLANEOUS A Effect on Other Agreements The provisions of this Agreement shall replace and or control over any inconsistent provisions of other agreements between the Town and County regarding treatment charges or other services applicable to wastewater flow from the Town to the County and from the County to the Town and any such inconsistent provisions are hereby amended or nullified ; provided however that the remainder of such agreements not inconsistent with the provisions of this Agreement shall remain in full force and effect B Regulations Both Town’s and County’s obligations hereunder shall be subject to such restrictions , limitations and prohibitions as may be applicable as a result of contracts or agreements with , or lawful rules and regulations promulgated by , any State or Federal Department or Agency having jurisdiction over the Town or County and their operation of their respective waste water systems C Limitation of Liability and No Third Party Rights This Agreement does not and is not intended to confer any rights or remedies upon any person other than the signatories , and no party hereto shall be liable under this Agreement to any third party Neither party shall be liable for failures of the facilities of the other party that are subject to this Agreement D Force Majeure It shall not be considered a breach of this contract and neither the Town nor the County shall be responsible for an inability to perform or for any delays , damages , costs , expenses , liabilities or other consequences that may arise as a result of force majeure A “ force majeure ” is defined as any event arising from causes beyond the reasonable control of the Town or County , including but not limited to fire , flood , acts of God , terrorism , war , natural disaster , tornado , hurricane , civil strikes or labor disputes , riots , system failure , broken pipes , or other actions causing an inability to perform beyond the reasonable control of the Town or County A failure to perform due to a force majeure shall be remedied with all possible dispatch but shall not constitute a breach so long as such remedy is diligently being pursued E Amendment This Agreement may be amended through a supplementary agreement approved in writing by the Town and the County F Severability If any section of this Agreement is deemed to be illegal or otherwise unenforceable , it is the intent of the parties hereto that all other provisions of this Agreement shall remain in full force and effect G Transfer or Assignment Neither the Town nor the County may assign its rights or obligations under this Agreement , or sub - contract any part of this Agreement , without prior written approval from the other party H Mediation Any claim , dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party The Parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions , and NGGS Sect 7A - 381 c except as specifically provided otherwise herein The parties shall share the mediator’s fee and any filing fees equally The mediation shall be held in Johnston County , unless another location is mutually agreed upon Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof I Governing Law This Agreement is to be governed by and interpreted in accordance with the laws of the State of North Carolina J Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the Parties and the successors and assigns of each K Counterparts This Agreement may be executed in any number of counterparts , each of which shall constitute an original , and all such counterparts shall together constitute one instrument L Term of Agreement The term of this Agreement shall be for a term of twenty 20 years , and thereafter may be renewed or extended for up to two additional terms of ten 10 years each by mutual agreement of the Town and County M Notices All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received a when hand delivered to the address stated below , b three 3 days after being mailed to the address stated below , postage prepaid by certified or registered mail of the United States , return receipt requested to the address set forth below TO Town of Clayton TO Johnston County Attn Town Manager Attn County Manager PO Box 879 PO Box 1049 Clayton , NC 27520 Smithfield , NC 27577 Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other IN WITNESS WHEREOF , the Mayor of the Town and the Chairman of the Board of Commissioners of the County have each executed this Interlocal Agreement to evidence the agreement of the parties hereto and the Town Clerk and the Clerk to the Board of Commissioners have affixed the seal of the Town and the County , as applicable to this Interlocal Agreement 6 Comprehensive Land Use Plan – Continued Discussion Chairman RS “ Butch ” Lawter , Jr reported there have been conversations with Planning Director Braston Newton and he reminded the Commissioners who have not offered their feedback yet to do so to staff Chairman Lawter stated this item should be on the next agenda of the Board PagePage pageNumber8324 January 17 , 2023 – 6 00 pm Continued 7 Manager Reports and Comments None 8 Board Reports and Comments Commissioner Richard D Braswell suggested the Board look at the towns that have not established water and sewer departments and offer regionalization participation from the County to operate those systems Commissioner R Braswell stated it is already being done and this would make it official so that the County will not be in a situation later on of having to negotiate the operation of those systems if it ever becomes necessary Commissioner Ted G Godwin stated the Land Use Plan is on the front burner and it drives so many things towards necessary regionalization Commissioner Godwin stated the Board really needs to get the plan completed Chairman RS “ Butch ” Lawter , Jr stated he is working on the assignments for Commissioners board and committee appointments and once he receives the meeting schedules for those Boards from staff , he would be making those assignments 9 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 4 Economic Development 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 include Johnston County vs Brower - 20 CVS 1827 and for the purposes of discussing 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 No action was taken Commissioner Ted G Godwin moved the Board adjourn closed session and resume regular session Commissioner Tony Braswell seconded the motion , which carried by unanimous vote There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 7 18 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage