March 21, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 676 Meeting of the Johnston County Board of Commissioners March 21 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 21 , 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 , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , and Richard D Braswell 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 Paula Woodard , and Paralegal Deputy Clerk Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm Commissioner Richard D Braswell opened the meeting with a prayer Commissioner Ted G Godwin 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 Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – February 21 , 2022 B Budget Revisions , approved as follows Finance REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 57 66750413 Moccasin Creek Study 25,00000 TOTAL NET EXPENDITURES 25,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 57 667537956 NC DEQ Div of Water Resources Grant 25,00000 TOTAL NET REVENUE 25,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 57 66757326 State Emergency & Disaster Relief Fund Grant 500,00000 Expenses TOTAL NET EXPENDITURES 500,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 57 667537954 State Emergency & Disaster Relief Fund Grant 500,00000 TOTAL NET REVENUE 500,00000 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61106217 Low Inc Household Water Assistance Program 50,00000 TOTAL NET EXPENDITURES 50,00000 Page677 March 21 , 2022 – 6 00 pm Continued REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Service Administration 50,00000 TOTAL NET REVENUE 50,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61401919 APS Essential Services 26,20900 TOTAL NET EXPENDITURES 26,20900 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 614034211 APS Essential Services 26,20900 TOTAL NET REVENUE 26,20900 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101917 LIEAP 1,176,73500 TOTAL NET EXPENDITURES 1,176,73500 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Service Administration 1,176,73500 TOTAL NET REVENUE 1,176,73500 C Appointments , approved as follows Johnston County Board of Health – Appointed Dr William E Smith , DVM representing Veterinarian for a three - year term to expire on February 28 , 2025 D Davis Park Leasing – First Amendment to EDIG Agreement , approved as follows FIRST AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This FIRST AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT the “ Amendment ” , effective as of ___________ , 2022 the “ Effective Date ” between DAVIS PARK LEASING , LLC a North Carolina limited liability company “ DPL ” , and JOHNSTON COUNTY , NORTH CAROLINA , a legal subdivision of the State of North Carolina “ County ” , W I T N E S S E T H WHEREAS , DPL and County entered into that certain Economic Development Incentive Agreement dated October 18 , 2021 the “ EDIA ” , whereby DPL shall develop approximately 69 acres of real property located in Johnston County , North Carolina , as set forth therein and County shall provide incentive grants to DPL upon achievement of milestones set forth therein ; and WHEREAS , DPL and County now wish to ratify and amend the EDIA , as set forth below , NOW , THEREFORE , for One Dollar 100 and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the parties hereby agree as follows 1 First Milestone Section 1 s of the EDIA is hereby amended such that the First Milestone shall be September 30 , 2024 2 Full Force ; Ratification Except as modified by this Amendment , the EDIA remains unchanged and in full force and effect The parties hereby ratify and confirm the terms and conditions of the EDIA , as modified by this Amendment 3 Capitalized Terms All capitalized terms not otherwise defined in this Amendment shall have the meanings assigned in the EDIA 4 Counterparts This Amendment may be executed in any number of counterparts , each of which , when executed and delivered , shall be an original , and such counterparts together constitute one and the same instrument This Amendment may be executed by electronic signature which the parties agree shall bePage678 March 21 , 2022 – 6 00 pm Continued binding for all purposes Signature pages may be detached from the counterparts and attached to a single copy of this document to physically form one document IN WITNESS WHEREOF , DPL and County have executed this Amendment as of the Effective Date hereof E North Carolina Railroad Build Ready Site Grant Agreement , approved as follows Page679 March 21 , 2022 – 6 00 pm ContinuedPagePage pageNumber5680 March 21 , 2022 – 6 00 pm ContinuedPagePage pageNumber6681 March 21 , 2022 – 6 00 pm ContinuedPagePage pageNumber7682 March 21 , 2022 – 6 00 pm Continued F Public Utilities – Bulk Water Purchase Agreement Proposed Amendment No 2 – Wayne Sanitary Districts , approved as follows AMENDMENT NO 2 TO AGREEMENT DATED MAY 7 , 2007 BETWEEN SOUTHWESTERN WAYNE SANITARY DISTRICT AND JOHNSTON COUNTY THIS AMENDMENT NO 2 TO AGREEMENT dated May 7 , 2007 as amended by AMENDMENT NO 1 TO AGREEMENT dated May 21 , 2015 between Southwestern Wayne Sanitary District and Johnston County is made and entered into this the _____ day of ___________________ , 20__ , by and between Southwestern Wayne Sanitary District , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ SWWSD ” and Johnston County , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” WITNESSETH WHEREAS , SWWSD operates and manages water supply and water distribution facilities located within its boundaries ; and WHEREAS , Johnston County operates and manages water supply and water distribution facilities and systems located within its boundaries ; and WHEREAS , Johnston County and SWWSD entered into a Water Purchase Agreement dated May 7 , 2007 and executed Amendment No 1 on May 21 , 2015 hereinafter together referred to as “ Amended WPA ” ; and WHEREAS , the Amended WPA allows Johnston County to acquire a supplemental supply of potable water from SWWSD during the period May through October each year commencing with 2007 through 2022 ; and WHEREAS , Johnston County desires to extend the period for five additional years during which Johnston County may acquire a supplemental supply of potable water from SWWSD during the period May through October each year to 2027 ; and WHEREAS , the Amended WPA allows SWWSD to acquire a supplemental supply of potable water from Johnston County during the period November through April each year commencing with 2007 through 2023 ; and WHEREAS , SWWSD desires to extend the period for five additional years during which SWWSD may acquire a supplemental supply of potable water from Johnston County during the period November through April each year to 2028 ; and WHEREAS , the Amended WPA includes provisions which allow SWWSD to reserve a bulk water supply in Johnston County’s next new or expanded water treatment plant ; andPagePage pageNumber8683 March 21 , 2022 – 6 00 pm Continued WHEREAS , the Amended WPA includes specific dates by which actions are required associated with SWWSD’s acquisition of a reserve bulk water supply from Johnston County ; and WHEREAS , SWWSD and Johnston County desire those specific dates be extended by five additional years and that the Amended WPA be amended in order to reflect the same ; NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , Johnston County and Southwestern Wayne Sanitary District hereby agree that the terms of the Amended WPA are hereby amended as follows 1 Section II is amended as follows Strike “ Fifteen Years ” and replace with “ Twenty Years ” in the second line of Section II 2 Section VI is amended as follows Strike “ on or about 2022 , but not later than 2027 ” in the fifth line of the first paragraph of Section VI and replace with “ on or about 2027 , but not later than 2032 ” Strike “ or before 2022 ” in the seventh line of the first paragraph of Section VI and replace with “ or before 2027 ” Strike “ up to 2027 ” in the ninth line of the first paragraph of Section VI and replace with up to 2032 ” 3 Section XI is amended as follows Strike “ 2022 ” at the end of the seventh line of the first paragraph of Section XI and replace with “ 2027 ” Strike “ 2023 ” in the fifth line of the second paragraph of Section XI and replace with “ 2028 ” 4 Section XXIV is amended as follows Strike “ fifty - five 55 years ” in the first line of Section XXIV and replace with “ sixty 60 years ” Except as amended by this Amendment No 2 , the Amended WPA is hereby ratified and affirmed by the parties hereto and shall remain in full force and effect The Amended WPA as amended by this Amendment No 2 is in its entirety attached hereto and represents the entire and integrated Agreement between SWWSD and Johnston County and supersedes all prior negotiations , representations or agreements , whether written or oral , and may only by amended by written instrument signed by the parties In the event of any inconsistency between this Amendment No 2 and the Amended WPA , the provisions of Amendment No 2 shall control AMENDMENT NO 2 TO AGREEMENT DATED MARCH 27 , 2007 BETWEEN NORTHWESTERN WAYNE SANITARY DISTRICT AND JOHNSTON COUNTY THIS AMENDMENT NO 2 TO AGREEMENT dated March 27 , 2007 as amended by AMENDMENT NO 1 TO AGREEMENT dated May 26 , 2015 between Northwestern Wayne Sanitary District and Johnston County is made and entered into this the _____ day of ___________________ , 20__ , by and between Northwestern Wayne Sanitary District , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ NWWSD ” and Johnston County , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” WITNESSETH WHEREAS , NWWSD operates and manages water supply and water distribution facilities located within its boundaries ; and WHEREAS , Johnston County operates and manages water supply and water distribution facilities and systems located within its boundaries ; and WHEREAS , Johnston County and NWWSD entered into a Water Purchase Agreement dated March 27 , 2007 and executed Amendment No 1 on May 26 , 2015 hereinafter together referred to as “ Amended WPA ” ; and WHEREAS , the Amended WPA allows Johnston County to acquire a supplemental supply of potable water from NWWSD during the period May through October each year commencing with 2007 through 2022 ; and WHEREAS , Johnston County desires to extend the period for five additional years during which Johnston County may acquire a supplemental supply of potable water from NWWSD during the period May through October each year to 2027 ; and WHEREAS , the Amended WPA allows NWWSD to acquire a supplemental supply of potable water from Johnston County during the period November through April each year commencing with 2007 through 2023 ; and WHEREAS , NWWSD desires to extend the period for five additional years during which NWWSD may acquire a supplemental supply of potable water from Johnston County during the period November through April each year to 2028 ; and WHEREAS , the Amended WPA includes provisions which allow NWWSD to reserve a bulk water supply in Johnston County’s next new or expanded water treatment plant ; and WHEREAS , the Amended WPA includes specific dates by which actions are required associated with NWWSD’s acquisition of a reserve bulk water supply from Johnston County ; and WHEREAS , NWWSD and Johnston County desire those specific dates be extended by five additional years and that the Amended WPA be amended in order to reflect the same ; NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , Johnston County and Northwestern Wayne Sanitary District hereby agree that the terms of the Amended WPA are hereby amended as follows PagePage pageNumber9684 March 21 , 2022 – 6 00 pm Continued 1 Section II is amended as follows Strike “ Fifteen Years ” and replace with “ Twenty Years ” in the second line of Section II 2 Section VI is amended as follows Strike “ on or about 2022 , but not later than 2027 ” in the fourth line of the first paragraph of Section VI and replace with “ on or about 2027 , but not later than 2032 ” Strike “ or before 2022 ” in the sixth line of the first paragraph of Section VI and replace with “ or before 2027 ” Strike “ up to 2027 ” in the seventh line of the first paragraph of Section VI and replace with up to 2032 ” 3 Section XI is amended as follows Strike “ 2022 ” at the end of the sixth line of the first paragraph of Section XI and replace with “ 2027 ” Strike “ 2023 ” in the fourth line of the second paragraph of Section XI and replace with “ 2028 ” 4 Section XXIV is amended as follows Strike “ fifty - five 55 years ” in the first line of Section XXIV and replace with “ sixty 60 years ” Except as amended by this Amendment No 2 , the Amended WPA is hereby ratified and affirmed by the parties hereto and shall remain in full force and effect The Amended WPA as amended by this Amendment No 2 is in its entirety attached hereto as Attachment A and represents the entire and integrated Agreement between NWWSD and Johnston County and supersedes all prior negotiations , representations or agreements , whether written or oral , and may only by amended by written instrument signed by the parties In the event of any inconsistency between this Amendment No 2 and the Amended WPA , the provisions of Amendment No 2 shall control 3 Public Comments A NC Homebuilders Association Tim Minton , Executive Vice President , North Carolina Homebuilders Association , stated several weeks ago he began receiving calls from some of the builders in the County on how long it is taking for Environmental Health to approve septic permits as well as the process of obtaining permits Mr Minton stated there is a four month backlog for County septic permit inspections and the North Carolina Homebuilders Association would like to offer their assistance in finding solutions He stated Johnston County is doing a fabulous job with economic development and as part of that housing is needed , which requires septic permits Mr Minton stated they would like to help Johnston County get in front of the issues by having the needed resources Mr Minton clarified that he is not asking for additional funds He noted that Rowan County developed an aggressive recruitment plan as well as implemented salary adjustments to address staffing issues Chairman RS “ Butch ” Lawter , Jr , thanked Mr Minton for his remarks and instructed County Manager Rick Hester to speak with Mr Minton about his suggestions that he would like to offer B Citizen Comments – Timothy Hodges Timothy Hodges , Clayton , spoke on a recent article in The Johnstonian News that quoted a Commissioner as it relates to elections and stated that Commissioner did not seem to mind taking on the hard issues Mr Hodges also spoke on fairness and political philosophies and stated he would define himself as a healthy capitalist in that he wants to be rich , but he also wants to sleep good at night Mr Hodges reminded the Board of his petition calling for a change in the district boundaries as well as how commissioners are elected Mr Hodges stated he does not believe that a candidate who gets 100 of the votes in their district should still lose the election C Citizen Comments – Ken Taylor Ken Taylor , Clayton Wilson’s Mills , recalled that the County contracted with a broadband consultant for a study last year He noted that there are two items on the agenda for Brightspeed Century Link and Charter Spectrum to apply for grant money to extend broadband services Mr Taylor stated he hopes that the needs identified in the study have been compared with what these two companies propose to do Mr Taylor further stated he would like to see a commitment from Brightspeed Century Link that they will not abandon their existing customers and he would also like to see them upgrade services in areas and not just running new lines Mr Taylor stated just like when the County makes an Economic Development Incentive Grant to a company ; the County should monitor the providers to make sure they are meeting their commitments before County taxpayer dollars are spent Page0685 March 21 , 2022 – 6 00 pm Continued D Fire District Boundary Revisions Johnston County Fire Marshal Adam Stanley stated with the growth Johnston County is seeing , there are some adjustments needed to the boundaries of the fire districts , which requires a public hearing process He asked the Board to consider holding a public hearing on the matter soon Chairman RS “ Butch ” Lawter , Jr instructed County Manager Rick Hester to look into the matter and begin the process of scheduling a public hearing 4 BrightSpeed Request for Partnership – NC GREAT Grant Broadband Application Mr Steve Brewer , Director of Government Affairs for Lumen Century Link , addressed the Board He presented and reviewed the following information regarding an opportunity for a NC GREAT Grant to assist with extending broadband services Mr Brewer stated Brightspeed has a planned build to invest an additional 2 billion to add fiber based services across the states , one of which is North Carolina and this is separate and apart from any other broadband grant Mr Brewer also stated they will participate in the Affordable Connectivity Plan ACP which allows for a 30 credit from the federal government for low - income households for the service Mr Brewer stated the locations for the NC GREAT Grant are those areas that are less than 25 mbps download 3mbps upload He stated ineligible areas are those that would be funded through the Rural Digital Opportunity Fund RDOF established by the federal government He also noted that Tier 3 counties are not eligible Commissioner Ted G Godwin stated Johnston County is split between two different RDOF areas Mr Brewer stated if there are RDOF areas in the County that have been awarded , then they are ineligible for the GREAT Grant program , but services would be provided to those areas through RDOF He further stated if an area has been awarded USDA or NTIA grants , they are also ineligible for the GREAT Grant Mr Brewer stated the maximum funding per application is 4 million and there can be multiple applications within the County He noted each application is capped at 4 million for a total of 8 million per County Chairman RS “ Butch ” Lawter , Jr , stated Johnston County is a Tier 3 County and asked for clarification of eligibility Mr Brewer clarified that there will be certain census tracts that are eligible within the County Mr Brewer stated the Completing Access to Broadband CAB Program will be discussed in the third quarter of this year and if there are eligible areas , they will work to provide this access to extend universal service for the County Mr Brewer stated the NC GREAT Grant application is due April 4 , 2022 , followed by a challenge period where other providers can review the applications The final piece of the timeline is the construction and reporting lasting for a two year period according to statute Page1686 March 21 , 2022 – 6 00 pm Continued Mr Brewer shared options with the Board Option 1 Option 2 Commissioner Tony Braswell stated constituents will ask how the government can partner with a private business for an investment such as this Page2687 March 21 , 2022 – 6 00 pm Continued Mr Brewer stated in order to make the projects economical for a private provider it requires a partnership He reported the State of North Carolina has set aside 350 million for the GREAT Grant program and in the fall , there will be an additional 400 million for the CAB program Mr Brewer also reported the State was looking for a way to incentivize counties to use part of their ARPA funding for broadband and a point is received on the grant for a partnership with an additional two points if ARPA funds are used to fulfill the obligations of the partnership Commissioner Godwin asked if the Board agrees to the partnership , what assurances do the Commissioners have that the project will be completed Mr Brewer responded that the GREAT Grant program provides for a two year construction period He stated there would be a contract with North Carolina and Johnston County and payment for successful completion is worked into the contract terms Mr Brewer also stated the contract could be worded so that Johnston County does not expend any funds back to the provider until work is completed Mr Brewer noted there would be reporting obligations to the State of North Carolina so counties can rely on the State for verification that the projects are completed as agreed upon Commissioner Richard D Braswell expressed his concern as a Commissioner representing a less densely populated area He spoke on the problems that residents in his district encountered when the school system began virtual learning due to COVID and people did not have broadband service Commissioner RD Braswell commented that the options presented do not appear to offer much coverage in his area Mr Brewer responded that the NC GREAT grant is capped at 4 million per application and his team has proposed a project in order to apply for the largest grant possible under the eligibility requirements of the program He reiterated there will be additional funds in the amount of 400 million through the CAB program and each County will have access to those funds Mr Brewer committed that he will come back and discuss the areas that were not impacted by the GREAT Grant program to see if they can receive assistance through the CAB program He stated providing universal service is the goal for all areas At the inquiry of Chairman Lawter , Mr Brewer stated Johnston County’s broadband study was not evaluated when they were developing the options presented He stated they were mainly trying to build the largest application possible in accordance with the GREAT Grant program eligibility requirements Chairman Lawter introduced Emily Meeker of Poyner and Spruill , LLP and Jeff Brooks , County Broadband Consultant Chairman Lawter stated the Board would hear the request from Charter before considering any action 5 Charter Request for Partnership – NC GREAT Grant Broadband Application Mr Joe Prater , Director of Government Affairs , Charter Spectrum Communications , addressed the Board Mr Prater presented and reviewed the following information with the Board Page3688 March 21 , 2022 – 6 00 pm Continued Mr Prater reviewed the following map with the Board noting that it is helpful to identify addresses that would be eligible for the GREAT Grant program Chairman RS “ Butch ” Lawter , Jr asked if Johnston County’s broadband study was considered during this process Mr Prater responded that it was not evaluated , in that they looked at the best utilization of the eligible funds from the GREAT Grant program and then looked at using the additional CAB funding later on to fill in any gaps Commissioner Ted G Godwin noted that the area in which he lives is in the grey area on the map and he is unsure that the funding would assist in that area of the County Commissioner Godwin spoke on the deficiency of service in his area He also asked would Charter apply for the grant even if the County chooses not to participate Mr Prater reported it is possible to use the CAB funding for this area of the County as well as other areas where there is a gap in service He stated the goal is to use the GREAT Grant funding initially and the CAB funding to cover the areas not served later on He indicated that Charter would apply even if the County does not participate in the partnership Mr Prater stated they are committed to increasing service in their area as much as possible Commissioner Tony Braswell asked if Charter would be overlapping other providers that are located in the proposal area Mr Prater stated if there is an existing provider , then it is inadequate service He stated the light pink areas of the map indicate there is service in that area , but it may be inadequate and the red areas on the map are satellite areas that Charter plans to look at He stated Charter is here to be as flexible as possible to assist the County Page4689 March 21 , 2022 – 6 00 pm Continued Mr Prater shared a map of service speeds and options with the Board He noted that Charter will also participate in the ACP 30 subsidy program for low - income households He stated that he expects the federal funding to be available long term Page5690 March 21 , 2022 – 6 00 pm Continued Mr Prater shared the delivery method through the Ethernet Passive Optical Network EPON He stated the plan is to upgrade service and target the unserved areas Discussion by the Board with County Broadband Consultant Jeff Brooks and Attorney Emily Meeker At the request of the Commissioners , County Broadband Consultant Jeff Brooks addressed the Board Mr Brooks reported that he has reviewed the presentations and they both seem feasible He stated there have been meetings about the financial aspects of the partnership and discussions with both providers He stated the cost of materials , easements , permitting , and design of the project has been evaluated and both proposals presented to the Board are reasonable Mr Brooks stated he is encouraged that both companies would participate in the ACP program to offer a subsidy for those eligible households Mr Brooks explained that when these applications are submitted , the State has a strict grading algorithm and will decide on which providers receive the grants At the inquiry of Commissioner Ted G Godwin , Mr Brooks stated the County can commit to supporting both providers without establishing an amount He explained that once the State selects the provider to receive the grant funds , then discussions can take place between the provider and the County as to how much can be contributed At the request of Chairman Lawter , Mr Brooks spoke on the options presented by Brightspeed and Charter , and agreed that all of the areas identified are appropriate especially those areas in the southern portion of the County He stated any unserved areas remaining would have opportunities for other programs coming later Mr Brooks stated it is his opinion , that if there is an opportunity to leverage funding , then Johnston County should consider participating Chairman Lawter asked County Manager Rick Hester to clarify how much ARPA funding Johnston County has received Mr Hester stated Johnston County has received 40 million , and there has been discussion by the Board about the use of the funds He stated while water and wastewater were the two areas of focus , the Board also discussed using some of the funds for broadband At the request of Chairman Lawter , Attorney Emily Meeker with Poyner & Spruill , came forward Ms Meeker explained that there are three requirements for the use of the ARPA funds by counties as it relates to broadband She stated the federal rule is that there must be an identified need by the County , which Johnston County has She stated in this case the State is focused on increasing the speed , which would be met through both providers The second requirement , is the internet speed is 100 mbps , which both providers talked about meeting that requirement in both proposals The third requirement is affordability , and both providers havePage6691 March 21 , 2022 – 6 00 pm Continued committed to participate in the ACP Program Ms Meeker stated both providers meet the federal regulations with their proposals Action by the Board Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board voted to approve providing the NC GREAT Grant matching funds in an amount not to exceed 1 million from the County’s American Rescue Plan Act ARPA funds , for the provider that is selected by the State of North Carolina for the grant award 6 Triangle Land Conservancy – Update to the Board Parks , Open Space , and Greenways Coordinator Adrian O’Neal introduced Ms Leigh Ann Hammerbacher , Director of Land Protection and Stewardship East for the Triangle Land Conservancy Ms Hammerbacher updated and reviewed the following information with the Board She noted all the pictures in the presentation are from Johnston County natural areas and farms Ms Hammerbacher stated the Triangle Land Conservancy covers six County regions to protect open space She stated there are four main benefits of preserving open space , which include clean water , local farms , wildlife habitat , and places for the public to connect with nature She stated since 1983 , Triangle Land Conservancy has assisted with preservation of over 22,000 acres of land in the Triangle Triangle Land Conservancy owns 8,000 acres that includes eight nature preserves that are open to the public across the region Page7692 March 21 , 2022 – 6 00 pm Continued Ms Hammerbacher reported the Triangle Land Conservancy has helped preserve 5,000 acres in Johnston County and there are two public nature preserves , 16 miles of walking trails and multi - use trails , and over 20,000 visitors a year She stated the two focus areas are Marks Creek located on the Wake Johnston County line and river corridors and working lands across the County She stated there are efforts to support the Mountains to Sea Trail and the larger habitat along the Neuse that would connect the Williamson Preserve and low grounds area Page8693 March 21 , 2022 – 6 00 pm Continued She stated Triangle Land Conservancy has been working with the Neuse River connections to preserve the corridor between Clayton and Smithfield for a future trail She stated Triangle Land Conservancy has closed on five easements along the Neuse River 50 acres this past year Ms Hammerbacher shared the next steps that include continuing the work along the Little River Buffalo Creek area to support habitat , working lands , and farms She stated Triangle Land Conservancy will continue to leverage State , Federal , and private funds for projects Ms Hammerbacher stated there are citizens in Johnston County that want to donate land or easements , but this incurs costs such as surveys and legal fees that arePage9694 March 21 , 2022 – 6 00 pm Continued between 15,000 and 30,000 per project She asked if the Board could consider setting side funding in the future to help offset these costs Ms Hammerbacher offered to answer any questions At the inquiry of Commissioner Ted G Godwin , Ms Hammerbacher stated the Department of Agriculture does not hold easements , so they partner with groups like Triangle Land Conservancy or the Soil and Water Districts to hold or monitor those easements Commissioner Richard D Braswell stated that occasionally there is a need to encroach upon lands within conservation easements with County utility projects and he asked about the difficulty of obtaining easements to these properties Ms Hammerbacher stated it depends on where the easement is , but she noted that Triangle Land Conservancy has granted easements for utilities to Johnston County in the past , so it is possible Chairman RS “ Butch ” Lawter , Jr noted the County is working on updating the Comprehensive Land Use Plan and he stated that a high percentage of survey respondents identified preserving open space as a priority He commended the Triangle Land Conservancy for their work in preserving open space and natural areas 7 Emergency Services – Presentation of Fire Study Director of Emergency Services Kevin Hubbard introduced Cleveland Fire Chief Chris Ellington , Micro Fire Chief Johnny Dixon , Smithfield Fire Chief Mike Brown , Benson Fire Chief Alan Johnson , Princeton FirePage0695 March 21 , 2022 – 6 00 pm Continued Chief and Johnston County Fire Marshal Adam Stanley , Allen Jenkins with the Johnston Community College Fire Training Program and Emergency Services Deputy Director Josh Holloman Mr Hubbard stated staff has reviewed two drafts of the fire study , provided comments , and accepted the final version He stated the study was completed by Kramer and Associates Fire Service Consultants of Cincinnati , Ohio He thanked the Board for the opportunity and vision as well as their continued support for Johnston County Emergency Services and Fire Services Mr Hubbard also thanked County Manager Rick Hester for his guidance and support during the process Mr Hubbard expressed his appreciation to all the Fire Chiefs in the County for their input and support during the process and to Mr Stanley for his dedication and keeping the study moving forward Mr Hubbard stated the study will be useful and assist with navigating the evolving challenges facing fire services with the continued growth of the County Cleveland Fire Chief Chris Ellington thanked the Board for allowing the study to take place He stated in 2011 , the Fire Chiefs attempted a similar study ; however , the climate at that time was different than today Chief Ellington stated when the Fire Chiefs met and discussed this study , the anticipated outcome was about forming goals and a vision and shaping the future fire services in Johnston County He stated that transparency was key to the process and notes , e - mails with consultants , and meeting information was shared to get the buy - in from all 24 Fire Chiefs in the County Chief Ellington spoke on the various stages of the study and noted that the Commissioners have been provided with a final copy Chief Ellington stated the Fire Chiefs have also been sent the final study and he would like for everyone to review the document and provide feedback Once feedback has been received , future meetings could occur to look at a long - term plan for the departments and assistance for the citizens of Johnston County Vice Chairman Patrick E Harris stated the study includes a lot of information and he would like to hear the feedback once the Chiefs have met Vice Chairman Harris stated this is not a “ one size fits all ” because different departments have different needs He commended the Emergency Services Department for taking the initiative to move forward to have a clear roadmap He stated Johnston County is the fastest growing County in the State , which presents challenges in providing services to the citizens Vice Chairman Harris stated volunteerism is difficult nationwide and everyone has to work together to craft a plan to move forward into the future Vice Chairman Harris stated Fire Services and Emergency Services in Johnston County are second to none noting he has visited other places , and it does not always work that well in other places He stated Johnston County is blessed to have staff preparing for the future and answering the calls He commended everyone for their work Commissioner Tony Braswell thanked Chief Ellington for his leadership in this process and stated the Fire Chiefs have worked diligently conducting numerous meetings and communicating with numerous emails He stated he is looking forward to the next steps stating that he believes the Chiefs are ready to face tough questions and answers to continue providing great fire services from all 24 departments He commended all the fire departments in the County Commissioner Richard D Braswell commended Chief Ellington for his service and leadership on the Fire Study He stated Johnston County has great fire services noting that he often hears the sirens in the middle of the night from his home He commended all the volunteers , fire departments , and staff for their work and dedication Commissioner Ted G Godwin read an excerpt from the Executive Summary of the report regarding fire suppression activity as follows “ The Johnston County Fire Department network can usually meet national standards for volunteer response even though individual fire companies are deficient in staffing ” He stated this is a tribute to individual capabilities and dedication Chief Ellington stated that every department continues to do a lot with a little and even though they are stretched very thin , they put out quality work Commissioner RD Braswell stated he is amazed at all the young firefighters that are being trained Chief Ellington responded that the Junior Firefighter Program is important for volunteer service because that is the future Commissioner T Braswell commended the fire services training program at Johnston Community College for all they are doing to prepare firefighters for the future Vice Chairman Harris welcomed new Smithfield Fire Chief Mike Brown who is attending his first Johnston County Commissioners meeting Page1696 March 21 , 2022 – 6 00 pm Continued Chairman RS “ Butch ” Lawter , Jr thanked Chief Ellington , all the Fire Chiefs , and all the Emergency Services staff that have participated on this study He stated at the Board’s recent Strategic Planning Session , the Commissioners discussed proactive change and how it affects everyone in the County as it is growing He stated it is good to see that the Fire Chiefs and Emergency Services are willing to be proactive in looking at changes to better the lives of our citizens 8 Manager Reports and Comments A Request for New Position County Manager Rick Hester explained that the Board must approve any new positions created and he requested the Board to consider approving a new Executive Assistant position for the Legal and Administration Departments He stated this position would assist the Clerk to the Board , County Attorney , and County Manager Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board voted to approve the Executive Assistant position 9 Board Reports and Comments Commissioner Richard D Braswell reiterated the need to remember that the County only has one river that can be utilized for water and wastewater infrastructure ; and therefore , the County should be considering alternative options for the future Vice Chairman Patrick E Harris commented that he has recently had a couple of health issues that required a stay at the Johnston Health Clayton Hospital Vice Chairman Harris spoke on the excellent care he received at the Clayton Hospital and stated all the physicians , nurses , and all other personnel at the facility take pride in their jobs and it is evident through the services they provide Vice Chairman Harris stated the County is blessed to have such a wonderful facility Commissioner Tony Braswell congratulated Chairman RS “ Butch ” Lawter , Jr on putting together a successful strategic planning session last week for the Board Commissioner Braswell thanked Chairman Lawter for all the effort he put into the session as well as his fellow Commissioners for attending and providing input Chairman Lawter thanked Commissioner Braswell and noted that there were some issues with the livestreaming ; however , staff did record the sessions and will be uploading those videos to the County’s YouTube Channel soon Chairman Lawter also thanked the staff for helping to organize and coordinate the session Commissioner Fred J Smith , Jr thanked his fellow Commissioners for being willing to discuss the tough issues facing the County while maintaining respect for each other at the recent strategic planning session Commissioner Smith stated the Board wrestled through the issues with a lot of different opinions and the Chairman did a great job of leading the session Chairman RS “ Butch ” Lawter , Jr thanked the North Carolina Association of County Commissioners Executive Director Kevin Leonard and his staff for facilitating the strategic planning session for the Board Chairman Lawter noted the Association did a great job and was able to share valuable data with the Commissioners and he appreciates their work Commissioner Ted G Godwin stated he serves as the Commissioner representative on the Hospital Authority and in reference to the comments by Vice Chairman Harris , he believes that through the hospital’s affiliations with UNC and Rex , the County will continue to see an even better level of service and expertise for the citizens 10 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 6 – Personnel 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 and for the purposes of personnel , pursuant to North Carolina General Statute 143 - 31811 a 6 Page2697 March 21 , 2022 – 6 00 pm Continued No action was taken by the Board 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 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 8 00 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage