January 18, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 546 Meeting of the Johnston County Board of Commissioners January 18 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , January 18 , 2022 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 , Larry Wood , Tony Braswell , Ted G Godwin , and Fred J Smith , Jr Absent Commissioner Richard D Braswell Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Finance Officer and Deputy County Manager J Chad McLamb , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk Dana Cuddington 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 Fred J Smith , Jr led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the consent agenda items as follows A 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 Thomas L Antoine , 174 Plaza De Luke Sq , Clayton term expiring 12 31 2024 B Minutes Transcription Services Contract Extension The Board approved an extension to the Minutes Transcription Services Contract through June 30 , 2023 that was previously approved on October 4 , 2021 There were no changes to the terms of the contract as approved in October C Triangle J Council of Governments – Request for Letter of Support Per a request from the Triangle J Council of Governments TJCOG , the Board authorized the Chairman to send a letter of support to the US Department of Transportation requesting federal funding to go towards the replacement of the RDU Airport’s primary runway 5L - 23R 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 ; andPage547 January 18 , 2022 – 6 00 pm Continued 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 ; and 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 4 , 2022 , 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 2022 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 18 day of January 2022 , while in regular session 3 Public Comments There were no public comments or e - mails for public comment 4 Town of Princeton – US 70 I42 Resolution of Support Princeton Mayor Don Rains requested the Board to adopt a Resolution in support of the Town’s request to the North Carolina Department of Transportation for the acceleration of the I42 construction He stated there are various reasons for the request but mostly it is because of the drainage and flood concerns that were presented to the Board back in October of 2021 Mayor Rains noted there were several resolutions in support from the Town of Princeton , Johnston County Schools , and the Hwy 70 Corridor Commission Mayor Rains informed the Board that the downtown drainage project is moving forward although there have been a few issues with the railroad He stated the southern project the Board allocated funding towards is close to going out for bid Mayor Rains stated the Town will be holding a public hearing for their stormwater ordinance that will mandate stormwater measures for future developments Mayor Rains presented the following in support of his request Page548 January 18 , 2022 – 6 00 pm Continued Mayor Rains stated the upgrades will complete the highway construction through a majority of the metropolitan areas and will be complete from Clayton , Wilson’s Mills , and Kinston and there should be no stoplights from Raleigh to Kinston He stated the project is on schedule for right - of - way acquisition in 2025 with construction from 2027 - 2029 Page549 January 18 , 2022 – 6 00 pm Continued Mayor Rains stated the estimated cost is 264,600,000 and there is a great amount of land acquisition and construction related to the project Mayor Rains stated a cloverleaf is planned at 70 and 70A where there is congestion and accidents He stated a diamond exit is planned at the Bojangles and Handimart area and that both connections lead into Wayne County Mayor Rains stated part of the reason for the request to accelerate construction is due to the 184 traffic accidents , 5 fatalities , and 89 non - fatal injuries He stated since December 2021 , there have been 5 wrecks and a fatality of a 10 - year - old student at Princeton Elementary School PagePage pageNumber5550 January 18 , 2022 – 6 00 pm Continued Mayor Rains continued the presentation by speaking on the flooding issues and how acceleration of construction would bring about much needed improvements to address flooding Mayor Rains stated there are 1,875,000 in estimated needs around 70 Hwy I42 He stated the General Assembly has allocated 750,000 for the school and the construction acceleration would help to eliminate much of the flooding He stated there is 72 billion in additional funding from the North Carolina Roads and Highways over the next five years through the infrastructure bill that passed congress He stated they are requesting for a portion of that funding to be designated for the Princeton and Kinston projects Mayor Rains stated there is a Resolution from the 70 Corridor Commission for the Princeton and Kinston Projects PagePage pageNumber6551 January 18 , 2022 – 6 00 pm Continued Mayor Rains concluded his presentation by requesting the Board to adopt a resolution supporting the acceleration of construction Mayor Rains stated he would also be presenting the request to the Wayne County Board of Commissioners and Wayne County Public Schools He introduced Princeton Councilmen Mike Rose and Michael Holmes along with Town Administrator Marla Ashworth Commissioner Ted G Godwin stated he is the representative for the Hwy 70 Corridor Commission and he supports the resolution Commissioner Godwin stated the terrain of the Princeton area is flat which results in continual flooding so he can see the need Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board adopted the following resolution in support RESOLUTION SUPPORTING THE TOWN OF PRINCETON’S REQUEST TO THE NC DEPARTMENT OF TRANSPORTATION TO ACCELERATE CONSTRUCTION FOR THE US 70 I42 GOLDSBORO BYPASS TO PRINCETON PROJECT WHEREAS , the NC Department of Transportation NCDOT proposes to upgrade US 70 to interstate standards ; and WHEREAS , the project will upgrade approximately 67 miles of US 70 from the US 70 Goldsboro bypass in Wayne County to west of Pondfield Road SR 2314 Princeton in Johnston County ; and WHEREAS , the Board of Commissioners of the Town of Princeton , accepted the NCDOT Preferred proposed options consisting of ; Option A involving raising US 70 over Rains Mill Road , Segment A Preferred interchange Pearl Edwards compressed Diamond interchange , and Segment B Preferred interchange at the intersection of US 70 and US 70 - A as published , on December 2 , 2019 ; and WHEREAS , the delay in the US 70 I42 improvement project has contributed to the drainage issue under US 70 ; and WHEREAS , the Town of Princeton has suffered severe flooding in the areas adjacent to the US 70 corridor ; and WHEREAS , it has been determined the severe flooding issues are caused by the inadequate culverts under US 70 ; andPagePage pageNumber7552 January 18 , 2022 – 6 00 pm Continued WHEREAS , it has been determined to mitigate the severe flooding the US 70 corridor culverts would need to be enhanced ; and WHEREAS , the NCDOT Traffic Engineering Accident Analysis System Strip Analysis Report shows there have been 184 accidents from October 1 , 2017 to September 30,2021 ; and WHEREAS , the Strip Analysis Report shows that of the 184 accidents recorded there were 5 fatalities and 89 nonfatal injuries ; and WHEREAS , Congress passed an infrastructure bill to improve highway transportation corridors ; and WHEREAS , part of the infrastructure bill funding is reserved for the US 70 I42 corridor ; and WHEREAS , the Board of Commissioners for the Town of Princeton has requested the NCDOT to consider accelerating construction for the US 70 I42 project ; and WHEREAS , the acceleration of improvements will assist the Town with infrastructure improvements and economic development along the US 70 I42 corridor NOW , THEREFORE , BE IT RESOLVED that the Board of Commissioners of Johnston County supports the Town of Princeton’s request to the NCDOT to accelerate construction for the US 70 I42 Goldsboro Bypass to Princeton Project , as Congress has provided funding for the highway transportation improvement and the Town of Princeton infrastructure improvements rely heavily on the culvert improvements under US 70 th Adopted this the 18 day of January 2022 Chairman Butch Lawter thanked Mayor Rains for the presentation and stated if there is a request from Kinston and or Lenoir County , then he feels confident the Board would consider adopting similar resolutions 5 Capital Area Workforce Development Board Update and Letter of Support Capital Area Workforce Development Board Executive Director Pat Sturdivant addressed the Board to provide an update Ms Sturdivant introduced Mr Bryan Holland , Capital Area Workforce Development Board Chair and General Counsel for Global Knowledge She also introduced Mr Tom White , Executive Committee and Director of Economic Development at North Carolina State University , and Ms Deborah Bolin , Capital Area Workforce Development Board member and Chair of the Johnston County Youth Advisory Council Ms Sturdivant stated there are 23 Workforce Development Boards in North Carolina and the Capital Area Workforce Development Board is responsible for Wake and Johnston Counties She stated Lee and Chatham Counties have requested to join the Capital Area Workforce Development Board , which they support , and see it as a win for all involved PagePage pageNumber8553 January 18 , 2022 – 6 00 pm Continued Ms Sturdivant explained that the Capital Area Workforce Development Board is funded by the Federal Workforce Innovation and Opportunity Act WIOA of 2014 and their primary responsibility is to provide oversight , management , and strategic direction for the NC Works Career Center She stated the Adult Career Center is located in Clayton and serves as a hub for the workforce services that are provided She stated the Youth Center is called the NC Works NextGen Center and is located in Smithfield and operated by Johnston County Industries that serves youth who have barriers to employment She stated it is critical that these programs are available and accessible for anyone who needs them Ms Sturdivant stated the Capital Area Workforce Development Board wears many hats , so it is important to be in constant contact with education , economic development , and community - based organizations to leverage resources to address the needs of customers Ms Sturdivant stated the Capital Area Workforce Development Board is business led with 25 members , of which 51 are private sector representatives She stated the Board is comprised of representation from education K - 12 , Community College , North Carolina State University members , apprenticeship , labor , community - based organizations , employment services , and vocational rehabilitation Commissioner Ted G Godwin asked if Lee and Chatham Counties join , would the makeup of the Board of Directors change Ms Sturdivant responded that there have been discussions about increasing the number of the seats on the Board She stated the number of board members is based on the funding allocation in each County She explained that Lee and Chatham Counties have a total of 3,000 people currently unemployed She stated three additional seats would need to be added to the Board for adequate representation if Lee and Chatham Counties joined the Board PagePage pageNumber9554 January 18 , 2022 – 6 00 pm Continued Ms Sturdivant shared the current Johnston County representation of the Capital Area Workforce Development Board , as follows Ms Sturdivant shared the five key components of their mission , as follows Mr Bryan Holland , Capital Area Workforce Development Board Chair and General Counsel at Global Knowledge , addressed the Board and stated he is a former Johnston County resident and Global Knowledge is an IT company located in Cary , North Carolina Mr Holland stated in the past three years the focus was on customer success , outreach , and sector initiatives He stated the customer success was focused on businesses , the outreach focus ensures the customers were aware of the services offered , and the sector initiatives focused on the areas of most growth and opportunities in Johnston County Page0555 January 18 , 2022 – 6 00 pm Continued Mr Holland stated there have been decreases in funding over the past 3 years ; however , with the pandemic , they have seen an increase in the need for services He stated the Capital Area Workforce Development Board is seeking funding outside of the normal resources such as grant funding and working with private employers in order to offer more programs Mr Holland stated that even with the decreased funding , more individuals received assistance He noted the capability of being able to provide services remotely has increased more services to individuals and businesses with less funding Page1556 January 18 , 2022 – 6 00 pm Continued Mr Holland shared the following highlights with the Board for Johnston County Page2557 January 18 , 2022 – 6 00 pm Continued Mr Holland stated for 2022 there is a strategic plan focus for upward mobility and tightening the labor market He stated in Wake and Johnston Counties unemployment is low and wages are rising He reported there are new people moving to the area ; however , the focus will also be on providing employment for the existing residents that need it He stated the second focus is to assist businesses in finding , attracting , and retaining talent and that work skills are key Commissioner Tony Braswell stated as a business owner there is difficulty in finding people that are willing and want to work Mr Holland agreed with Commissioner Braswell and stated while they do not have all the answers , their programs assist mature workers by providing them with the skills needed to make them comfortable with working Mr Holland stated they are trying to look at initiatives to get more people working and provide them with what they need to gain skills Commissioner Godwin said that he can see the rationale by reducing the 23 Workforce Development Boards across the state and why Lee and Chatham Counties want to join He asked if there were any concerns with their request Ms Sturdivant stated that Wake County is the Chief Elected Official for the local area and there is a Consortium Agreement in place She confirmed there is support for Lee and Chatham Counties to join Chairman Butch Lawter thanked the Capital Area Workforce Development Board for their work in assisting those that are looking for employment Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Larry Wood , and carried unanimously , the Board voted in support of Lee and Chatham Counties becoming a part of the Capital Area Workforce Development Board and authorized the Chairman to send a letter of support Page3558 January 18 , 2022 – 6 00 pm Continued 6 Register of Deeds – Refunds of Excise Tax County Attorney Jennifer Slusser submitted two requests for refund of overpayment of revenue stamps to the Board , as follows a Costner Law Office , PLLC , requested a refund in the amount of 74600 A General Warranty Deed was recorded twice in Johnston County As a result , Costner’s Law Office recording account was charged an additional 74600 for the duplicate recording b Dees , Smith , Powell , Jarrett , Dees & Jones , requested a refund in the amount of 42000 A General Warranty Deed was recorded in Wilson and Johnston County with the understanding that the excise tax would be collected in Wilson as the majority of the property is located in Wilson County When the filing was submitted to Johnston County an additional excise tax in the amount of 42000 was also collected As a result , Dees , Smith , Powell , Jarrett , Dees & Jones ’ recording account was charged an additional 42000 for the Johnston County recording Ms Slusser reported that both of the requests meet the statutory requirement for refund , and she recommended approval No one was present for the requests Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , and carried unanimously , the Board approved the two refunds as presented by the County Attorney 7 Manager Reports and Comments A Possible Inclement Weather County Manager Rick Hester noted that he along with the County’s Emergency Management team will be closely monitoring the potential for inclement weather later in the week B Water and Wastewater Regionalization Study Proposal At the request of County Manager Rick Hester , Consultant JD Solomon reviewed a proposal with the Board from Black & Veatch to complete a Water and Wastewater Regionalization Study Mr Solomon stated Black & Veatch was selected for negotiations after an RFQ process was completed He stated Black & Veatch had the highest qualifications of the firms that responded He noted there were some minor modifications to the contract just today and the process could begin upon the Board’s approval Mr Solomon stated the sensitivity of regionalization is realized and there are no preconceived notions at the beginning of the process County Manager Rick Hester stated there were minor modifications to the contract in the event all the towns did not agree to participate and the private utilities in the County were also added Commissioner Larry Wood asked if the timeline of four months was attainable Mr Solomon stated phase one of the proposal is just to complete the inventory and if the Board chooses to continue , the next phase would include the financial and legal components He stated phase one may be the driver of the future direction Commissioner Tony Braswell asked about the fee schedule Mr Hester stated the study would be funded out of the County’s General Fund and the cost would be lower if a town does not participate At the inquiry of Commissioner Wood , Mr Solomon stated the request to the towns right now is that they participate and provide their data Commissioner Fred J Smith , Jr stated that he has complete confidence in Mr Solomon ; however , he has concerns with approving the proposal when there has been no discussion or prior review Commissioner Smith stated water and wastewater in Johnston County is one of the most important issues and he would like more time to review the proposal thoroughly Page4559 January 18 , 2022 – 6 00 pm Continued Chairman Butch Lawter stated while the actual document was sent to the Board in the last few days , there has been discussion about the concept over the past several months Commissioner Smith acknowledged that the Board has discussed the idea of a regional approach , but more discussion and review of the actual proposal should take place Chairman Lawter stated the proposal is the first step in the process to gather information and there needs to be a plan to move forward and combine the study with the Comprehensive Land Use Plan update Chairman Lawter noted if the Board would like more time to review the proposal , he has no issue with that Commissioners Ted G Godwin and Tony Braswell indicated that they were ready to move forward with acting on the proposal Commissioner Smith expressed his concerns that the proposal was not part of the agenda packet and that he has not had adequate time to review the document before him today Upon questions by Commissioner Wood , Mr Solomon stated there will be two phases in the process with the first phase being an inventory of the systems and gathering of information Mr Solomon stated if Black & Veatch does not perform as expected in the first phase , then the County can contract with another firm for the second phase Commissioner Tony Braswell moved the Board approve the proposal by Black & Veatch , which includes the additions as stated by the County Manager regarding a fee credit for towns that choose not to participate and the inclusion of the private utilities in the County , seconded by Commissioner Ted G Godwin and carried by the following vote Ayes Commissioners Butch Lawter , Patrick E Harris , Tony Braswell , and Ted G Godwin Nays Commissioners Larry Wood and Fred J Smith , Jr Absent Commissioner Richard D Braswell C Benefits Consultant RFQ Update County Manager Rick Hester reported to the Board regarding a Request for Qualifications process recently completed for employee benefits consulting Mr Hester thanked Commissioner Patrick Harris for being a part of the RFQ and interview process with staff Mr Hester stated following the RFQ and interview process , staff recommends the Board approve for JRW to continue as the County’s Employee Benefits Consultant Mr Hester noted that although staff is recommending continuing with JRW , he believes the RFQ process was good and should be completed every few years Commissioner Patrick Harris spoke on the RFQ process and noted that for the firms interviewed , staff had very pointed and in - depth questions and he believes the process was well carried out Commissioner Harris stated there were many factors that went into this process and he agrees with the recommendation for JRW to continue services with the County In response to Commissioner Larry Wood , Human Resources Director Lu Hickey stated the fees with JRW have not changed since she has been with Johnston County She stated that JRW has kept staff on the forefront by assisting the County with improvements to processes such as electronic open enrollment , while there are other counties that continue the open enrollment process by hand Ms Hickey noted that the other two finalists in the RFQ process both included fee increases ; however , there was a commitment from JRW that there would be no increases for the next five years Mr Hester stated on behalf of the Committee , he would like to recommend the County remain with JRW Upon a motion by Commissioner Ted Godwin , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the recommendation to continue with JRW as the employee benefits consultant Page5560 January 18 , 2022 – 6 00 pm Continued 8 Board Reports and Comments A Update on Comprehensive Land Use Plan Commissioner Larry Wood asked for Planning Director Braston Newton to update the Board on the Comprehensive Land Use Plan at the next meeting B Fire Cadet Academy Commissioner Tony Braswell reported that he had the opportunity to visit the Johnston County College campus as part of the fire study work group as it relates to the Fire Cadet Academy Commissioner Braswell stated as part of the training in the academy , the EMT certification has been added to that curriculum Commissioner Braswell commented that the academy is growing and doing great things for Johnston County C Virtual Hospital Need Commissioner Patrick E Harris stated there is a real need for a virtual hospital in the County and he would possibly like to discuss this at the upcoming work session Commissioner Harris noted that especially with the ongoing pandemic , the challenge now is the Emergency Department is being inundated with patients and they no longer have time to bring in the students for training which is why a virtual hospital would be a tremendous asset for the County D Benefits Consultant RFQ Process and Compliments for HR Staff Commissioner Patrick E Harris stated during the Benefits Consultant RFQ process , as part of that research , the staff contacted and gathered information from other governments Commissioner Harris stated one thing that he learned after hearing from other governments as to their processes and procedures , is that Johnston County’s Human Resources staff does an outstanding and efficient job with much less staffing than other areas , some of which are larger than Johnston County Commissioner Harris spoke on how well the Human Resources functions are carried out and how advanced Johnston County is when compared to other larger governments Commissioner Harris commended the Human Resources team for their hard work E EMS Response Times Commissioner Ted G Godwin stated he realizes that there are some departments currently short - staffed and that the County has , in the past , borrowed and shared resources from other counties Commissioner Godwin continued that he has received feedback recently from citizens that the EMS response times have gotten longer and he asked if EMS is allowed to work overtime Commissioner Larry Wood commented that with the County assuming the operations of two EMS agencies this past year , there might be some delays until such time as the system can get back to where it needs to be Commissioner Patrick E Harris also noted that everyone has to remember EMS is a first come - first serve type of operation and there is not an ambulance available for each citizen Commissioner Harris stated Johnston County EMS is a growing system , and the staff continues to monitor peak times and trends as well as make adjustments in the system where needed Human Resources Director Lu Hickey indicated that there has been some staffing issues recently due to COVID She also noted that there are outside organizations that are actively recruiting the County’s EMS personnel Ms Hickey explained that while some overtime is allowed , with EMS employees there are time restraints in place to make sure the staff is well rested when they come on shift Ms Hickey stated the EMS Division is constantly looking at ways to improve the system F NCACC Report from Commissioner Ted Godwin Commissioner Ted G Godwin reported that the North Carolina Association of County Commissioners has asked him to participate in a panel discussion during an upcoming training event the Association will be offering for new chairs of governing boards Page6561 January 18 , 2022 – 6 00 pm Continued G Water and Wastewater Regionalization Study Proposal Chairman Butch Lawter stated that he would like for the public to know that the earlier discussion during the Water and Wastewater Regionalization Study Proposal item under Manager Comment was not a disagreement on the importance of the study , but was rather a difference of opinion on the process to get there Chairman Lawter spoke on his thoughts that he believes everyone can agree the issue itself is crucial as it relates to the growth of the County 9 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 5 – Acquisition of Property Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner , Larry Wood 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 West - 18 CVS 1847 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 Larry Wood 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 Larry Wood moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 8 05 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage