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

10 730 Meeting of the Johnston County Board of Commissioners April 18 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 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 , 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 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 April Stephens led everyone in the Pledge of Allegiance to the American Flag Chairman RS “ Butch ” Lawter , Jr recognized Mayor Vic Medlin and former Mayor Linwood Parker of Four Oaks 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 Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – March 17 - 18 , 2022 Strategic Planning Session ; and March 21 , 2022 B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Day Lily Street , Peduncle Street , and Sepal Street – Lily Farm – O’Neals Township C Budget Revisions , approved as follows Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001900 General Assistance 30000 10 61003211 Verifications 3400 10 61004515 Program Expense 1,64053 10 61101909 Crisis 32814 10 61101917 LIEAP Program 5,46096 10 61401902 State County General Assistance 12,80200 10 61401905 IV - E Foster Care 13571 10 61451905 IV - E Foster Care 69455 10 61401906 State Foster Care 1,53495 10 61451906 State Foster Care 1,53492 TOTAL NET EXPENDITURES 24,46576 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE Page731 April 18 , 2022 – 6 00 pm Continued 10 610034123 Social Security Administration 24,46576 TOTAL NET REVENUE 24,46576 D Appointments , approved as follows ? Bentonville Community Building Board of Trustees – Appointed Annette Massey Adams for a two year term to expire on April 30 , 2024 ? North Side Firefighters Relief Fund Board of Trustees – Appointed David T Pace for a one year term to expire on April 30 , 2023 ? O’Neals Fire Protection District Commission – Reappointed Billy Hodge for a two year term to expire on April 30 , 2024 ? Pleasant Grove Community Building Board of Trustees – Appointed Alysia J Stewart for a two year term to expire on April 30 , 2024 ? Research & Training Zone Advisory Committee – Appointed Brian Stoker Grifols to fill an unexpired term ending December 31 , 2024 E HAPP – Approval of the Fiscal Year 2022 - 2023 Annual Plan The Board approved the Fiscal Year 2022 - 2023 Streamlined Annual Plan as submitted in the agenda packet F Parks , Greenways , & Open Space Program - City of Raleigh Property Transfer The Board accepted a 19974 acre parcel Tax ID17K08040B of land from the City of Raleigh to be used for a potential park , trail and water plant buffer uses G Public Utilities – Water Treatment Plant Storage Buildings GMP Amendment The Board approved an amendment form to establish the guaranteed maximum price GMP at 803,68185 with Vortex Construction Company for two new buildings and one existing building modification at the Water Treatment Plant one at the plant and one at the Construction Collection Division Building H Public Utilities – Amendment to Professional Services Contract The Board approved an amendment to a Professional Services Contract with McKim & Creed Engineers to allow for a design contract amendment to include the replacement of asbestos cement AC water mains owned by the Town of Kenly and connect to the County’s existing AC main The Town of Kenly will reimburse the County and an interlocal agreement to formalize this process will be brought back to the Board when completed 3 Public Comments None 4 I - 95 I - 40 Crossroads of America Economic Development Alliance Update Harold Keen , Chairman of the I - 95 I - 40 Crossroads of America Economic Development Alliance , provided an update to the Board Mr Keen introduced Alliance President Reid Williams , Four Oaks Mayor Vic Medlin , and former Four Oaks Mayor Linwood Parker He stated the Alliance encompasses the southern end of Johnston County and northeastern portion of Harnett County and was created after the Mayors of these areas came together to discuss the quality of employment options Mr Keen stated commercial and industrial development creates the tax base that allows for a quality of life the citizens desire and deserve He continued that the Alliance was formed to promote economic development efforts and he sees this as a positive for Johnston County Mr Keen stated Mr Williams has been working with Chris Johnson in the Johnston County Economic Development Office and they are off to a great start Page732 April 18 , 2022 – 6 00 pm Continued Mr Keen explained that workforce training is necessary for citizens to want to come to an area He noted that former Mayor Parker was instrumental in the creation of the County’s first Workforce Development Center located in Clayton for the pharmaceutical industries and he thinks that Mr Parker would remind the Board that the small amount of money the County invested in that initiative has had a return on investment many times over Mr Keen stated they would like to pursue a similar training center at the intersection of Keen Road and Interstate 95 in Four Oaks for the manufacturing workforce He noted they have been working with Johnston Community College , which has a waiting list of students and no space available for this type of training and the College is excited about the opportunity Mr Keen stated funding is available to help make this a reality ; therefore , only a limited amount of funding would be needed from local sources He stated Harnett County has an existing space directed towards computer technology and they are hoping to upgrade and enhance that space for their programs Mr Keen spoke on the need to create better employment opportunities that offer higher wages for the citizens and reverse the numbers of those commuting out - of - county to work At the inquiry of Commissioner Ted G Godwin , Mr Keen stated the existing training center in Harnett County is located in Dunn in an older school building Chairman RS “ Butch ” Lawter , Jr stated he is aware that visits have been made to similar training facilities and he asked for an update on contracts that may already be underway for the design process of such a facility Mr Keen responded that funds in the amount of 12 million were allocated in the State’s budget for the Alliance to begin planning and engineering He confirmed they have a contract with LS3P Associates and they have visited other facilities in North Carolina along with one in South Carolina Mr Keen stated this center would not just be for college level students , but also for ongoing training and retraining opportunities in the community In response to Commissioner Richard D Braswell , Mr Keen stated the Alliance is thrilled to be working with Johnston Community College and they have been assured by State elected officials that there is support for this program Mr Keen stated they plan to submit another funding request to the State ; however , the State will want to see that there is a local commitment Chairman Lawter spoke on his experience in the Greenville Spartanburg area in the mid - 80s and how that area has grown , becoming an entirely different place now He stated this Board and previous Boards have made efforts to ensure development along the Interstate 95 corridor and the Board supports what the Alliance is trying to do 5 Conterra Networks Request for Partnership – NC GREAT Grant Broadband Application Polly Gifford , Business Development Director for Conterra , addressed the Board She presented and reviewed the following information regarding an opportunity for a NC GREAT Grant to assist with extending broadband services Page733 April 18 , 2022 – 6 00 pm Continued Ms Gifford stated since 2002 Conterra has built infrastructure in counties and provided services mainly for schools She stated Conterra has worked with federal programs to assist schools and libraries with fiber networks and they have a history of understanding wireless technologies Ms Gifford reported there are 163 miles of dense fiber in the County and there is an investment by Conterra to build capacity in those areas She stated Conterra is uniquely positioned to deliver broadband to the underserved areas of Johnston County Ms Gifford shared a map of the fiber network in Eastern NC PagePage pageNumber5734 April 18 , 2022 – 6 00 pm Continued Ms Gifford shared information with the Board as it relates to their proposal for a NC GREAT Grant PagePage pageNumber6735 April 18 , 2022 – 6 00 pm Continued Ms Gifford concluded her presentation and commended the County for using ARPA funding for broadband services in an effort to earn more points on the NC GREAT Grant program She stated no matter what the outcome is broadband will grow in the County Upon questions by Commissioner Tony Braswell , Ms Gifford stated they currently have no residential services in Johnston County She stated in the smaller communities , schools are probably the largest employers and have the most individuals using broadband service Ms Gifford stated it is now about expanding that service into homes She confirmed that Conterra would cross other providers She noted that when options and competitions are in the market , there is room for that competition She stated served , unserved , and underserved have all been considered and funding is available to extend to the underserved areas Ms Gifford stated Conterra is making presentations in five other counties in North Carolina Chairman RS “ Butch ” Lawter , Jr stated based on the presentation , there would be 3,300 new services and he asked about the final budget for the project PagePage pageNumber7736 April 18 , 2022 – 6 00 pm Continued Ms Gifford stated the budget has not been finalized , but it is estimated at 11 million She stated when the final numbers are known , she will bring that information to the County She stated Conterra is working off the 1 million allocation from County , but they may need to reevaluate options Chairman Lawter stated the Board would hear the next request from Lumos before considering any action 6 Lumos Request for Partnership – NC GREAT Grant Broadband Application Derek Kelly , Senior Director for Market Development with Lumos addressed the Board He introduced Joey Stephenson , Market Development Team , and Shane Ward , Chief Financial Officer Mr Kelly recalled that he came before the Board regarding a Century Link grant awarded approximately 18 months ago , but has since left Century Link and now works for NorthState Lumos Mr Kelly stated the company operates as NorthState in North Carolina and Lumos in Virginia He stated their services are strictly focused on residential and small business users and between North Carolina and Virginia there are 200,000 fiber customers He shared background information on the company with the Board Mr Kelly continued they are interested in rural areas and small towns and cities He noted there is currently an expansion of 15,000 homes underway in Goldsboro , North Carolina and they are looking at other unserved areas in Wayne County Mr Kelly presented and reviewed the following map with the Board Mr Kelly explained the green dots are identified by the State as unserved ; however , they do not rely strictly on information from the State , but rather conduct their own field visits and research He stated the NC GREAT Grant application will likely serve between 1,200 - 2,000 homes and the total project cost is just over 8 million He reported the State would contribute 4 million from the grant and they are asking Johnston County for a 50,000 contribution Upon questions by Commissioner Tony Braswell , Mr Kelly stated they currently have other partnerships lined up He stated a presentation was given in Wayne County and a partnership has been secured with them Discussion by the Board with County Broadband Consultant Jeff Brooks At the request of the Commissioners , County Broadband Consultant Jeff Brooks addressed the Board Mr Brooks stated he has reviewed the presentations , and they had a higher level of detail than the first two providers in March He stated the presentations had more of a focus on the eastern and southern parts of the County and both presenters shared how the data is evaluated Mr Brooks stated North Carolina has made significant headway to recognize where the unserved areas are and these providers have made an effort toPagePage pageNumber8737 April 18 , 2022 – 6 00 pm Continued recognize and consider these areas Mr Brooks also noted there have been discussions about the Continuing Access to Broadband Program CAB and the State is investing 92 million separate from the CAB program to help close the gaps Chairman RS “ Butch ” Lawter , Jr reminded everyone of the action taken by the Board on March 21 , 2022 , as follows 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 Commissioner Ted G Godwin commented that in hearing all the presentations , the County would benefit from partnering with any of these companies including the two from this meeting Mr Brooks informed the Board that he has discussed with County Attorney Jennifer Slusser the options of a Memorandum of Understanding and or a letter of support from the Board for the providers to use in their applications Mr Brooks stated it is his understanding that the Board does not desire to enter into a MOU at this time , but would consider such when a provider is selected by the State Mr Brooks stated the providers have expressed to him that a letter of support would be acceptable at this time Ms Slusser advised that since there is a general consensus of the Board to support the applications as they come forward , from a grant scoring criteria , as long as the providers are treated the same , it will not impact their applications She stated there have been several drafts of Memorandums of Understanding circulated ; however , she feels more comfortable with the Board issuing a letter of support for all the providers and then entering into a formal MOU with the provider ultimately selected by the State Action by the Board Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board voted to include Conterra and Lumos as part of the Board’s action from March 21 , 2022 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 7 Human Resources – Presentation of the 2022 Pay Range and Salary Study Summary Guide Human Resources Director Lu Hickey addressed the Board regarding the 2022 Pay Range and Salary Study Summary Guide Ms Hickey explained that the study is a hybrid review from data collected by The Mercer Group as well as the School of Government She stated the information provides staff with guidance for pay grades and salaries for positions and the information is timely and critical as the market is changing Ms Hickey stated many of the classifications reviewed were impacted ; however , not all , which means those are appropriately paid and in the appropriate pay grade She noted that some classifications are unique and will need to be reviewed with the department head Ms Hickey spoke on some classifications in which a basic position is impacted , which then impacts all others above it within that division She noted there are approximately 10 to 12 employees identified that would receive an increase the State may view as potential pension spiking Ms Hickey stated should the Board choose to approve this guide , the next step would be for her to meet with department heads , review impacts of this salary study , and then look at areas the study did not cover She reiterated there are some unique positions in Johnston County that will need further review in order to determine a proper grade and salary Ms Hickey stated staff estimates the preliminary approximate cost to implement the salary summary guide at 65 million with some State reimbursements in the amount of approximately 600,000 Vice Chairman Patrick E Harris stated he has spoken with Ms Hickey on several occasions and the salary summary guide is a moving target because of the market , but it is a great start Motion Vice Chairman Patrick E Harris moved the Board approve the 2022 Pay Range and Salary Study Summary Guide and authorize the County Human Resources Director and County Manager to implement the guide with the flexibility to make further adjustments as needed , and waiving Article III , Sections 1 and 2 in the Johnston County Personnel Policy as it applies to in - range adjustments for purposes of implementation of the 2022 Pay Range and Salary Study ; and further , that going forward half of Johnston County’s positions shall be reviewed each year on an alternating basis Commissioner Richard D Braswell seconded the motion PagePage pageNumber9738 April 18 , 2022 – 6 00 pm Continued Discussion Vice Chairman Harris stated there are other county governments in competition for the same employees He stated Johnston County has some fantastic employees doing great work and the County cannot sit back and lose those employees Commissioner Ted G Godwin agreed stating that Johnston County wants to retain good employees , but at some point , could negotiations be made to retain those employees Commissioner Richard D Braswell noted there are some disgruntled employees because they know that other counties are paying higher wages He stated at some point , this affects their work in that they do not feel appreciated He stated it is imperative that the County makes this a priority Commissioner Fred J Smith , Jr stated in any enterprise it is a matter of balancing revenue and expenses Commissioner Smith stated there has been tremendous revenue growth in Johnston County He added the employees are facing inflation and the market requires the County to be competitive He stated this would not be raising salaries without a corresponding revenue to pay for those salaries Commissioner Smith stated he supports the employees being competitive with the marketplace and to not treat them fairly would be unconscionable Commissioner Smith stated he feels this is an important thing for the Board to do Chairman RS “ Butch ” Lawter , Jr recalled that at the recent Strategic Planning Session , the Board discussed the value of the employees , what they do for the County and the citizens of the County Chairman Lawter stated it is important to him to keep the quality employees for Johnston County Commissioner Godwin echoed the comments of the Chairman and stated he does not want his previous comments to be misconstrued as non - supporting because he agrees that the County has great employees and they need to be appreciated Ms Hickey clarified that the preliminary estimated 65 million is for the General Fund and does not include the Enterprise Fund cost Vote The motion carried by unanimous vote 8 Public Utilities – 20 Year Capital Improvements Plan Utilities Director Chandra Farmer , PE , stated at the April 4 , 2022 meeting , the Board held a public hearing to allow staff to present the draft 20 Year Capital Improvements Plan CIP and receive public comment The CIP includes facility improvements and additions , new facilities , and major capital purchases for Fiscal Year 2022 - 2023 through Fiscal Year 2041 - 2042 Ms Farmer stated the complete proposed plan has been available for public inspection on the County’s website as well as in the Public Utilities Department and she has not received any public comments regarding the document Ms Farmer requested the Board to adopt the 2022 Capital Improvements Plan and offered to answer any questions Commissioner Richard D Braswell stated he spoke with Ms Farmer about the CIP and it is well thought out Chairman RS “ Butch ” Lawter , Jr agreed that this is a good plan , stating it has flexibility to be reviewed and updated when necessary Chairman Lawter stated the County is in the first phase of the water and wastewater regionalization study , which could necessitate changes to the CIP He thanked Ms Farmer and her staff for the hard work Commissioner Fred J Smith , Jr stated he has confidence in Chairman Lawter and Commissioner R Braswell’s expertise in this area , and it is comforting to know that they have studied the CIP Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board adopted the 2022 Twenty Year Capital Improvements Plan as submitted by staff Note A complete copy of the CIP is located on file in the Johnston County Department of Public Utilities Page0739 April 18 , 2022 – 6 00 pm Continued 9 Public Utilities – Resolutions for Loan and Grant Funding Applications Utilities Director Chandra Farmer , PE , reported the deadline to apply for the spring round of loan and grant assistance administered through the NCDEQ Division of Infrastructure is May 2 , 2022 She stated the Department of Utilities recommends the County submit funding applications for the following projects No Project Name Description Wastewater Treatment Plant Expansion New 40 MGD 1 210 WWTF 4 MGD Expansion Treatment Facility on County Home Road Central Johnston County Regional Preliminary treatment and SCADA improvements at the 2 Wastewater Treatment Facility existing wastewater treatment facility CJCRWWTF Improvements Timothy G Broome TGB Water 3 Treatment Plant 14 – 18 MGD Water Treatment Plant Expansion from 140 to 180 MGD Expansion Asset Management & Construction Initiation and implementation of asset manage and Maintenance Management System 4 construction maintenance management software at the CMMS Initiation at the CJCRWWTF existing wastewater and water treatment plants and TGB WTP Water Supply Improvements to the Upgrades to suction pipelines and the existing booster 5 Cleveland 1010 Booster Pump station to increase water supply capacity available to the Station station Ms Farmer stated all projects are identified in the County’s Water and Sewer Capital Improvements Plan She requested the Board’s consideration of resolutions authorizing the submission of the loan applications and designating signatory authority to Rick J Hester , County Manager At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Ms Farmer stated these projects total approximately 80 million Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board adopted the following resolutions for the above referenced projects RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction and studies of wastewater treatment works , and WHEREAS , The County of Johnston has need for and intends to construct a wastewater treatment works project described as the 210 40 MGD Wastewater Treatment Facility , and WHEREAS , The County of Johnston intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON That County of Johnston , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the County of Johnston to make scheduled repayment of the loan , to withhold from the County of Johnston any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester – County Manager the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above Page1740 April 18 , 2022 – 6 00 pm Continued That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 18 day of April , 2022 at Johnston County , North Carolina RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction and studies of wastewater treatment works , and WHEREAS , The County of Johnston has need for and intends to construct a wastewater treatment works project described as the Central Johnston County Regional Wastewater Treatment Facility Improvements , and WHEREAS , The County of Johnston intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON That County of Johnston , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the County of Johnston to make scheduled repayment of the loan , to withhold from the County of Johnston any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester – County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 18 day of April , 2022 at Johnston County , North Carolina RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction and studies of drinking water treatment works , and WHEREAS , The County of Johnston has need for and intends to construct a drinking water treatment works project described as the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion , and WHEREAS , The County of Johnston intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON That County of Johnston , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award Page2741 April 18 , 2022 – 6 00 pm Continued That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the County of Johnston to make scheduled repayment of the loan , to withhold from the County of Johnston any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester - County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 18 day of April , 2022 at Johnston County , North Carolina RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction and studies of wastewater treatment works and drinking water treatment works , and WHEREAS , The County of Johnston has need for and intends to conduct a study on a wastewater treatment works and drinking water treatment works project described as Asset Management and Construction Maintenance Management System CMMS initiation for the Timothy G Broome Water Treatment Plant and the Central Johnston County Regional Wastewater Treatment Facility , and WHEREAS , The County of Johnston intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON That County of Johnston , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the County of Johnston to make scheduled repayment of the loan , to withhold from the County of Johnston any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester – County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application Page3742 April 18 , 2022 – 6 00 pm Continued That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 18 day of April , 2022 at Johnston County , North Carolina RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction and studies of drinking water distribution system improvements , and WHEREAS , The County of Johnston has need for and intends to construct a drinking water distribution system project described as Water Supply Improvements to the Cleveland Booster Pump Station , and WHEREAS , The County of Johnston intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON That County of Johnston , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the County of Johnston to make scheduled repayment of the loan , to withhold from the County of Johnston any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester – County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 18 day of April , 2022 at Johnston County , North Carolina 10 Public Utilities – Online Customer Transaction Fees Utilities Director Chandra Farmer , PE , stated that when the COVID - 19 Pandemic began , the County was encouraging citizens to use online services as much as possible and the County covered the online customer transaction fees associated with water bill payments and decals She stated since the COVID - 19 numbers have improved and the office is now under normal operations , if there were no objections by the Board , the Public Utilities Department would like to change the process so that the customer is once again paying the online transaction fee , effective June 1 , 2022 Ms Farmer stated advanced notice would be posted so citizens will be aware of the change Commissioner Fred J Smith , Jr expressed concern that this item was not on the agenda and shared his thoughts that the Board needs to have adopted rules in place to address such matters Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board voted to approve charging the online transaction fee to the customer , effective June 1 , 2022 Page4743 April 18 , 2022 – 6 00 pm Continued 11 Finance – Resolution for Public Safety Center Financing Chairman RS “ Butch ” Lawter , Jr introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION RELATING TO LONG - TERM INSTALLMENT CONTRACT FINANCINGS OF PUBLIC SAFETY PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 17,500,000 ; AUTHORIZING INTERIM INSTALLMENT CONTRACT FINANCINGS FOR SUCH PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 17,500,000 ; AUTHORIZING THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF ONE OR MORE SERIES OF LIMITED OBLIGATION BONDS AND OR CERTIFICATES OF PARTICIPATION RELATED THERETO ; AND CALLING REQUIRED PUBLIC HEARING WHEREAS , the Board of Commissioners desires to undertake a proposed plan of financing in an aggregate principal amount of up to 17,500,000 , which plan would involve the entry by the County into one or more long - term installment financing contract s with the Johnston County Finance Corporation the “ Corporation ” or one or more other third parties pursuant to North Carolina General Statutes § 160A - 20 , as amended , the proceeds of which would be used to pay all or a portion of the costs of i acquisition , construction and equipping of one or more new buildings to be used as public safety facilities for Johnston County , including acquisition of necessary land and rights - of - way , ii any related improvements and iii any “ preliminary expenditures ” related to the foregoing architectural , engineering , surveying , soil testing , reimbursement bond issuance and similar costs that are incurred prior to commencement of acquisition or construction , but excluding land acquisition , site preparation and similar costs incident to commencement of construction collectively , the “ 2022 Projects ” , and under said one or more long - term installment financing contract s the County would secure the repayment by the County of the moneys advanced pursuant to such one or more long - term installment financing contract s by granting a security interest in and lien on all or some portion of the 2022 Projects and or all or some portion of the real property upon which the 2022 Projects are located ; WHEREAS , as part of said proposed plan of financing , the Corporation may also execute and deliver one or more series of Limited Obligation Bonds and or Certificates of Participation in said one or more long - term installment financing contract s in an aggregate principal amount not exceeding 17,500,000 to finance the advancement of moneys to the County pursuant to said one or more long - term installment financing contract s between the County and the Corporation or one or more other third parties ; WHEREAS , as part of the proposed plan of financing for the 2022 Projects , the Board of Commissioners further desires to authorize interim financing for all or some portion of the 2022 Projects in an aggregate principal amount of up to 17,500,000 , which would involve the entry by the County into one or more short - term installment financing contract s with one or more third parties pursuant to North Carolina General Statutes § 160A - 20 , as amended , the proceeds of which would be used to provide interim financing for all or some portion of the 2022 Projects pending execution and delivery of said one or more long - term financing contract s and the related Limited Obligation Bonds and or Certificates of Participation , if any , and under said one or more short - term installment financing contract s the County would secure the repayment by the County of the moneys advanced pursuant to such short - term installment financing contract s by granting a security interest in and lien on all or some portion of the 2022 Projects and or all or some portion of the real property upon which the Projects are located ; WHEREAS , as part of said proposed plan of financing , the Corporation may also execute and deliver one or more series of Limited Obligation Bonds and or Certificates of Participation in said one or more short - term installment financing contract s in an aggregate principal amount not exceeding 17,500,000 to finance the advancement of moneys to the County pursuant to said one or more short - term installment financing contract s between the County and the Corporation or one or more other third parties ; and WHEREAS , North Carolina General Statutes § 160A - 20 , as amended , requires that the Board of Commissioners must hold a public hearing concerning the one or more short - term installment financing contract s , the one or more long - term installment financing contract s and the transactions contemplated thereby and associated therewith , with notice of said public hearing to be published once at least 10 days before the date of the public hearing ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , as follows Section 1 The Board of Commissioners hereby finds and confirms that i the 2022 Projects and the financing thereof by said one or more short - term installment financing contract s and one or more long - term installment financing contract s is necessary and expedient for the County ; ii financing of the 2022 Projects by said one or more short - term installment financing contract s and one or more long - term installment financing contract s , under the circumstances , is preferable to a bond issue by the County ; iii the sums to fall due under said one or more short - term installment financing contract s and one or more long - term installment financingPage5744 April 18 , 2022 – 6 00 pm Continued contract s are adequate and not excessive for their proposed purpose ; iv the County’s debt management procedures and policies are good and its debt will continue to be managed in strict compliance with law ; v the increase in taxes , if any , necessary to meet the sums to fall due under said one or more short - term installment financing contract s and one or more long - term installment financing contract s will not be excessive ; and vi the County is not in default regarding any of its debt service obligations Section 2 As required by § 160A - 20 of the North Carolina General Statutes , as amended , a public hearing shall be held by the Board of Commissioners on May 16 , 2022 at 6 00 pm , or as soon thereafter as practicable , in the Commissioners ’ Meeting Room in the Johnston County Courthouse Annex in Smithfield , North Carolina , concerning the proposed execution of said one or more short - term installment financing contract s and related documents , the proposed execution of said one or more long - term installment financing contract s and related documents , the proposed financing of the 2022 Projects and any other transactions associated therewith The Clerk to the Board of Commissioners is directed to cause a notice of such public hearing , substantially in the form attached hereto as Exhibit A , to be published once in a qualified newspaper of general circulation within the County not less than 10 days prior to said public hearing Section 3 The appropriate officers of the County are hereby authorized and directed to do any and all things necessary , appropriate or convenient to effectuate the foregoing and the proposed plan of financing , including without limitation filing one or more applications with the North Carolina Local Government Commission seeking approval of the plan of financing or any component thereof , the publication of any required notices related thereto , consideration and negotiation of proposals from one or more third parties regarding said one or more short - term installment financing contract s included in the proposed plan of financing , consideration and negotiation of proposals from one or more underwriters or one or more other third parties regarding said one or more long - term installment financing contract s included in the proposed plan of financing , and consideration and negotiation of the terms of the proposed plan of financing or any component thereof and the relevant legal documentation Section 4 The appointment of Nexsen Pruet , PLLC , as bond counsel ; Davenport & Company , LLC as financial adviser ; and Robert W Baird & Co Sr and Wells Fargo Bank , National Association , as underwriters for any public offering of any obligations , is approved Section 5 This resolution shall take effect upon its passage Upon motion of Commissioner Fred J Smith , Jr , seconded by Vice Chairman Patrick E Harris , the foregoing resolution entitled “ RESOLUTION RELATING TO LONG - TERM INSTALLMENT CONTRACT FINANCINGS OF PUBLIC SAFETY PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 17,500,000 ; AUTHORIZING INTERIM INSTALLMENT CONTRACT FINANCINGS FOR SUCH PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 17,500,000 ; AUTHORIZING THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF ONE OR MORE SERIES OF LIMITED OBLIGATION BONDS AND OR CERTIFICATES OF PARTICIPATION RELATED THERETO ; AND CALLING REQUIRED PUBLIC HEARING ” was passed by the following vote Ayes Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , and Commissioners Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Noes None 12 Manager Reports and Comments A Friends of Johnston County Parks – Waiver of Solid Waste Disposal Fees County Manager Rick Hester stated Mr Scott Sides from The Friends of Johnston County Parks contacted him to request the Board to waive the Solid Waste Disposal fees for their annual county - wide cleanup day Mr Hester stated this year’s event is scheduled for April 23 , 2022 and the Board has typically approved this same request in the past Mr Hester stated he recommends the Board consider approving the request again this year Vice Chairman Patrick E Harris commented that this is a fantastic initiative and he moved to approve the waiver of solid waste disposal fees for the April 23 , 2022 cleanup event hosted by the Friends of Johnston County Parks Commissioner Ted G Godwin seconded the motion , which carried unanimously 13 Board Reports and Comments Commissioner Ted G Godwin referenced earlier comments by Commissioner Fred J Smith , Jr regarding the need for rules and stated while he does not disagree with Commissioner Smith , he attends the town council meetings in his district and has observed times when the strictness of some of their rules has interferedPage6745 April 18 , 2022 – 6 00 pm Continued with basic things that needed to be done Commissioner Godwin stated he could agree with a set of rules ; however , he does not want them to be so strict as to be a detriment from what is practical Commissioner Fred J Smith , Jr stated Roberts Rules as well as the rules in publications from the School of Government all allow items to be added to the agenda but it must be done by a super majority of the Board Commissioner Smith stated the material in the Board’s agenda packets is important enough that he studies it closely before the meetings so he is prepared Commissioner Smith stated if he cannot review something ahead of time , then it could be difficult for him to make the best decisions for the citizens of the County Chairman RS “ Butch ” Lawter , Jr noted the issue was also mentioned at the recent Strategic Planning Session and he will continue to work on the matter 14 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 and to discuss 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 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 Tony Braswell moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 8 30 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage