June 20, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes (Special)

10 844 Meeting of the Johnston County Board of Commissioners June 20 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 20 , 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 participating remotely 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 Executive Assistant Deputy Clerk Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm Commissioner Tony Braswell opened the meeting with a prayer Commissioner Richard D Braswell led everyone in the Pledge of Allegiance to the American Flag Chairman Lawter announced that Commissioner April Stephens was participating remotely and confirmed that she was able to see and communicate for the meeting 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 Richard D Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – May 16 , 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 McPoole Lane – Bittle Creek – Wilders Township C Appointments , approved as follows ? Library Board of Trustees – Reappointed Jennifer Seagraves and appointed Emily Gail Scott for three year terms to expire on June 30 , 2025 D Tax Releases and Refunds , as follows May 18 , 2022 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Jocelyn Andrews A complete record of this information is on file in the County Finance Office Totals from 4 16 22 to 05 15 22 Tax refunds - Personal Real Property 1,74565 Tax releases - Personal Real Property 1,27229 Motor vehicle release refund 42734 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 Public Comments A 911 - Communications 911 - Communications Director Brett Renfrow updated the Board from the recent storm that came through the County last Friday afternoon Mr Renfrow noted this event was one of the worst storms he has ever seen that came up so quickly and without warning Mr Renfrow praised the 911 - Communications staff , the Sheriff’sPage845 June 20 , 2022 – 6 00 pm Continued Office , the Emergency Services staff , Fire Departments , and EMS staff stating everyone performed admirably in their response to the weather event He reported that staff processed 1,240 calls through 911 and the Sheriff’s Office during this event and everyone did an outstanding job Commissioner Ted G Godwin asked if staff had enough equipment to handle the event Mr Renfrow confirmed they had enough equipment to handle the event He thanked the Board of Commissioners for their support Vice Chairman Patrick E Harris commended Mr Renfrow and his staff along with all those that respond to these events Vice Chairman Harris stated he is thankful for dedicated people that rise to the occasion no matter what happens Mr Renfrow spoke on the teamwork between all the departments and expressed his appreciation to Sheriff Steve Bizzell for his support and assistance Chairman RS “ Butch ” Lawter , Jr expressed his appreciation to all the departments as well and noted that the Public Utilities Department also plays a very important role during these events along with the municipalities B ReEntry ReEntry Executive Director Dot Ehlers addressed the Board and asked them to consider allocating 150,000 for Fiscal Year 2022 - 2023 Ms Ehlers spoke on the services provided by ReEntry and how they have made their existing funding stretch as much as possible She stated ReEntry is certified and mandated by the courts for those that are convicted of a violent offense , but she is unsure how much longer they can continue providing services without an increase in funding Ms Ehlers stated Johnston County will continue to grow along with an increased need for their services She submitted letters of support to the Board for their services and offered to answer any questions Chairman RS “ Butch ” Lawter , Jr thanked Ms Ehlers for her compassion and stated the Board would take the request under advisement C Citizen Comments – Timothy Hodges Timothy Hodges of Clayton spoke in support of the request by ReEntry for additional funding Mr Hodges stated he has had the opportunity to work with people that have found themselves in a domestic violence situation and he learned of the parenting classes offered by ReEntry for such situations Mr Hodges stated he learned that the classes are only offered to those that are mandated by the courts to take them and he believes that these classes should be made available to anyone that would like to take them Commissioner Ted G Godwin stated that he wished more citizens took the time to care about things like Mr Hodges 4 Fiscal Year 2022 - 2023 County Budget Discussion and Adoption Motion to adopt the Fiscal Year 2022 - 2023 County Budget Vice Chairman Patrick E Harris moved the Board adopt the County Manager’s proposed budget for Fiscal Year 2022 - 2023 with the following revisions ? Appropriate 85,573,000 in current expense for Johnston County Public Schools ? Appropriate 6,028,933 for current expense and 1,090,943 for capital outlay for Johnston Community College ? Maintain 8 cent tax rate for the Research Training Zone ? Approve a pay adjustment of 3 in July with a potential performance pay adjustment of up to 2 in October Page846 June 20 , 2022 – 6 00 pm Continued ? Approve the transfer of fire tax collection fees to a special fund to assist fire departments ? Appropriate 625,000 to Triangle Land Conservancy ? Appropriate an additional 50,000 for Johnston County Regional Airport grant matches Please note 200,000 was in the Manager’s proposed budget ? Appropriate an additional 158,339 for the Johnston County Area Transportation System JCATS ? Appropriate a total of 722,000 for the Public Library ? Appropriate a total of 50,000 for the Partnership for Children of Johnston County ? Appropriate a total of 325,000 for Harbor There was 75,000 in the Manager’s proposed budget The 250,000 difference is proposed as a one - time amount ? Appropriate 15,000 for the Special Olympics ? Appropriate 28,000 for the Smithfield Rescue Mission ? Approve the recommendation from the Moccasin Creek Service District Board for the district property tax rate to increase from 15 cents to 3 cents per 100 value ? Approve the fire district tax rate increases as recommended by the Fire Tax Committee and Fire Departments , as follows West Johnston - 7 to 9 cents Bentonville - 8 to 12 cents Wynn Four Oaks - 8 to 105 cents Strickland’s Crossroads - 10 to 12 cents ? Increase ad valorem revenue by 3,000,000 , sales tax revenue by 2,000,000 and appropriate 2,806,215 from reserves Total of adopted budget amount - 309,059,934 Commissioner Richard D Braswell seconded the motion Discussion Vice Chairman Patrick E Harris thanked all the Commissioners for their contribution to the budget process Commissioner Tony Braswell stated as always , it takes a good deal of compromising and hard work to adopt a budget He stated the Board has done a great job this year and he would appreciate the Commissioners voting in the affirmative for this budget Commissioner T Braswell commended Vice Chairman Harris for his work on the budget noting that all the Commissioners may have started with different numbers but they all came together on a final number Commissioner Ted G Godwin clarified that the bullet point regarding fire tax collection fees is the result of a group comprised of three Commissioners and some of the Fire Chiefs in the County in an effort to help those low wealth fire departments He commended Vice Chairman Harris for his work Commissioner Richard D Braswell stated that he appreciates the work of Vice Chairman Harris on the budget and this has been a learning experience for him He added that compromise is what it is all about Chairman RS “ Butch ” Lawter , Jr stated the first bullet is related to Johnston County Schools and based on conversations with Board of Education Chairman Todd Sutton , it appears that some of the scores have moved up , although he is waiting on that confirmation He stated the County is investing and getting results Chairman Lawter noted when the Board met a couple months ago for the Strategic Planning Session , the CommissionersPage847 June 20 , 2022 – 6 00 pm Continued talked about being good financial stewards of the taxpayers ’ money and he believes that was at the forefront of everyone’s mind while looking at the budget Chairman Lawter commended Vice Chairman Harris for his work Commissioner Godwin acknowledged e - mails received from Citizens Shannon Petersen and Jean Casanave regarding the budget Vote The motion to adopt the Fiscal Year 2022 - 2023 County Budget and the following budget ordinance carried by unanimous vote BUDGET ORDINANCE FY 2022 - 2023 JOHNSTON COUNTY , NORTH CAROLINA BE IT ORDAINED by the Board of Commissioners of Johnston County , North Carolina SECTION I BUDGET ADOPTION There is hereby adopted the following Operating Budget for the County of Johnston for the Fiscal Year beginning July 1 , 2022 and ending June 30 , 2023 ; the same being adopted by fund and activity within each fund as listed GENERAL FUND EXPENDITURES GENERAL GOVERNMENT 42,845,936 PUBLIC SAFETY 60,455,300 PHYSICAL DEVELOPMENT 16,725,551 HUMAN SERVICES 53,937,681 EDUCATION 92,692,876 DEBT SERVICE 42,402,590 TOTAL 309,059,934 REVENUES CURRENT YEAR AD VALOREM TAX 183,721,000 SALES TAX 63,497,891 OTHER TAX REVENUES 2,345,000 STATE & FEDERAL 31,379,079 LICENSE , FEES , ETC 10,846,550 INVESTMENT INCOME 200,000 FUND BALANCE APPROPRIATED 2,806,215 NC EDUCATION LOTTERY 2,300,000 SALES AND SERVICE 11,964,199 TRANSFER FROM OTHER FUNDS 0 TOTAL 309,059,934 TOURISM AUTHORITY EXPENDITURES 1,753,910 REVENUES OCCUPANCY TAX 1,678,290 INTEREST INCOME 400 MISCELLANEOUS INCOME 59,700 FUND BALANCE APPROPRIATED 12,520 REIMBURSEMENTS 3,000 TOTAL 1,753,910 REVALUATION FUND EXPENDITURES RESERVE FOR REVALUATION 1,500,000 REVENUES TRANSFER FROM GENERAL FUND 761,500 FUND BALANCE 738,500PagePage pageNumber5848 June 20 , 2022 – 6 00 pm Continued TOTAL 1,500,000 FINE AND FORFEITURES EXPENDITURES CIVIL PENALTY PAID TO SCHOOLS 200,000 REVENUES TAX PENALTIES 200,000 INDUSTRIAL INFRASTRUCTURE FUND EXPENDITURES INDUSTRIAL DEVELOPMENT 7,834,303 REVENUES TRANSFER FROM GENERAL FUND 6,000,000 FUND BALANCE 1,834,303 TOTAL 7,834,303 LEO SEPARATION FUND EXPENDITURES PROGRAM COST 335,000 REVENUES TRANSFER FROM GENERAL FUND 335,000 HERITAGE COMMISSION FUND EXPENDITURES OPERATING EXPENSE 371,407 REVENUES TRANSFER FROM GENERAL FUND 170,624 OTHER REVENUES 169,000 FUND BALANCE 31,783 TOTAL 371,407 SOCIAL SERVICE TRUST FUND EXPENDITURES PROGRAM COST 430,302 REVENUES TRUST RECEIPTS 430,302 DEED OF TRUST FUND EXPENDITURES DEED OF TRUST FEES PAYMENT 250,000 REVENUES DEED OF TRUST FEES REVENUE 250,000 EMERGENCY TELEPHONE SYSTEM FUND EXPENDITURES E - 911 OPERATIONS 1,105,486 REVENUES ENHANCED 9 - 1 - 1 1,105,486 OTHER COLLECTIONS EXPENDITURES SPECIAL DISTRICT TAX 10,671,000 MOTOR VEHICLE TAX 20,128,825 MOCCASIN CREEK DISTRICT TAX 35,000 TOTAL 30,834,825 REVENUES SPECIAL DISTRICT TAX 10,671,000PagePage pageNumber6849 June 20 , 2022 – 6 00 pm Continued MOTOR VEHICLE TAX 20,128,825 MOCCASIN CREEK DISTRICT TAX 35,000 TOTAL 30,834,825 RESEARCH TRAINING ZONE EXPENDITURES OPERATIONS 1,400,000 REVENUES SPECIAL DISTRICT TAX 1,115,000 TRANSFER FROM GENERAL FUND 285,000 TOTAL 1,400,000 AIRPORT AUTHORITY FUND EXPENDITURES OPERATIONS 2,251,500 CAPITAL COST 2,225,000 GRANT EXPENDITURES 18,132,500 TOTAL 22,609,000 REVENUES FEDERAL GRANTS 19,957,500 FEES AND SERVICES 2,351,000 INVESTMENT INCOME 500 TRANSFER FROM GENERAL FUND 250,000 FUND BALANCE 50,000 TOTAL 22,609,000 HOUSING ASSISTANCE PAYMENT PROGRAM FUND EXPENDITURES PROGRAM COST 4,557,252 REVENUES FEDERAL GOVERNMENT HUD 4,556,854 INVESTMENT INCOME 398 TOTAL 4,557,252 WATER DISTRICTS EXPENDITURES DEBT SERVICE 12,586,110 OPERATIONS 12,564,339 TRANSFER TO OTHER FUNDS 3,816,951 TOTAL 28,967,400 REVENUES RETAIL WATER 10,800,000 MONTHLY BASE FEE 9,557,400 OTHER REVENUE 8,610,000 FUND BALANCE APPROPRIATED 0 TOTAL 28,967,400 PUBLIC UTILITIES EXPENDITURES ADMINISTRATION 1,973,749 SOLID WASTE 11,725,227 WATER 18,939,074 WASTE WATER 13,743,125PagePage pageNumber7850 June 20 , 2022 – 6 00 pm Continued TRANSFER TO OTHER FUNDS 0 DEBT SERVICE - WATER 6,317,700 DEBT SERVICE - WASTEWATER 4,362,955 TOTAL 57,061,830 REVENUES ADMINISTRATION FEES 1,573,749 SOLID WASTE FEES 9,029,000 WATER FEES 20,438,740 WASTE WATER FEES 17,345,000 DISPOSAL TAX 136,000 FUND BALANCE - ADMINISTRATION 400,000 FUND BALANCE – SOLID WASTE 2,160,227 FUND BALANCE - WATER 2,631,083 FUND BALANCE - WASTEWATER 761,080 TRANSFER FROM GENERAL FUND – SOLID WASTE 400,000 TRANSFER - WATER 2,186,951 TOTAL 57,061,830 SECTION II There is hereby levied a Tax Rate of seventy - three 73 cents per one hundred dollars valuation of property listed for taxes as of January 1 , 2022 This rate shall be levied entirely in the General Fund The Tax Rate is based on an estimated total valuation of property for the purposes of taxation of 23,350,098,906 and an estimated collection rate of 9900 SECTION III The Board of Commissioners adopts the fees as are set forth herein and incorporates said fees into the Johnston County Fee Schedules maintained in the Clerk’s Office The Johnston County Fee Schedules , as amended , are hereby adopted and incorporated herein as by reference as if fully set forth herein The Johnston County Fee Schedules , as amended , shall be maintained in the Clerk’s Office and sets forth all fees authorized to be charged by the County for County goods , services or other functions provided by County personnel , equipment , including consultation and other such activities and is hereby approved GIS fees are approved to recognize cost and may be amended as needed The fees may be amended from time to time , as determined by the Board of Commissioners SECTION IV Landfill Tipping Fees shall be levied at a rate of 75 per ton including State surcharges for asbestos waste Landfill Tipping Fees shall be levied at a rate of 44 per ton for municipal solid waste generated in Johnston County The minimum fee for any vehicle shall be 8 A rate of four times the inside rate shall be levied for all solid waste generated outside of Johnston County Solid Waste assigned to the Sheriffs Department and Planning Department to enforce Solid Waste Laws , Rules and Regulations in Johnston County to ensure compliance with Senate Bill 111 The Landfill tipping fee for non - commercial yard wastes shall be 18 per ton or 8 per pickup size load An ineligible illegal tire disposal fee of 65 per ton shall be levied The corrugated cardboard disposal penalty shall be four times the tipping fee surcharge to a maximum amount of 300 SECTION V A fee of 100 per household shall be levied to all citizens in the county using the manned compaction sites and the landfill A vehicle identification sticker must be purchased prior to use of the sites in the County The vehicle identification sticker shall be valid for a twelve month period from the date of purchase SECTION VI The following fee adjustments for water and wastewater are adopted , effective as noted FY 22 23 - Approved Water and Sewer Rate Adjustments Table 1 Retail Water Fees – New Services Connections - Effective Date July 1 , 2022 RESIDENTAL NON - RESIDENTIAL Item FY 22 23 FY 22 23 Application Fee Water Only 3000 3000 Application Fee Water & Sewer 4500 4500 Deposit 7500 7500PagePage pageNumber8851 June 20 , 2022 – 6 00 pm Continued Tap Fee ¾ ” 80000 80000 1 ” 1,00000 1,00000 1 ½ ” 2,10000 2,10000 2 ” 2,40000 2,40000 System Development Fee SDF Existing Residential 97000 N A ¾ ” 2,75000 2,75000 1 ” 2,75000 6,87500 ^ 1 ½ ” 2,75000 13,75000 ^ 2 ” 2,75000 22,00000 ^ 3 ” N A 44,00000 ^ 4 ” N A 68,75000 ^ 6 ” N A 137,50000 ^ 8 ” N A 220,00000 ^ Meter Fee ¾ ” 26000 26000 1 ” 41000 41000 1 ½ ” 74000 74000 2 ” 2,72000 2,72000 Or County cost plus 10 where extenuating site conditions exist whichever is greater The Existing Residential fee applies only to an existing residential unit with an active well applying to connect ^ In situations where the application of the meter - based fees will result in the collection of fees significantly different than the potential requirement of a new customer requesting service , the Director of Public Utilities shall have the discretion to calculate system development fees based on 922 gpd , with a minimum SDF of 2,75000 Table 2 Retail Water Rates - Effective Date September 1 , 2022 Item FY 22 23 Retail Monthly Service Base Charge ¾ ” – 1 ” Meter 2100 month 1 ½ ” Meter 4200 month 2 ” Meter 5600 month 3 ” Meter 8400 month 4 ” Meter 14000 month 6 ” Meter 21000 month 8 ” Meter 26500 month 10 ” Meter 42000 month 12 ” Meter 56000 month Retail Commodity Charge Residential up to 4,000 gal month & Other 440 1,000 gallons Residential 5,000 – 9,000 gal month 540 1,000 gallons Residential 10,000 – 14,000 gal month 640 1,000 gallons Residential 15,000 gallons or more month 710 1,000 gallons Metered Irrigation Usage 565 1,000 gallons Hydrant Meter Base Charge 8000 month Commodity Charge per 1,000 gallons 880 1,000 gallons Monthly Fire Protection Charges Standby Fire Hydrant Private 1100 month 2 ” Sprinkler Connection 2700 month 4 ” Sprinkler Connection 3700 month 6 ” Sprinkler Connection 5300 month 8 ” Sprinkler Connection 10500 month 10 ” Sprinkler Connection 21500 month 12 ” Sprinkler Connection 32000 monthPagePage pageNumber9852 June 20 , 2022 – 6 00 pm Continued Table 3 Bulk Water Rates - Effective Date September 1 , 2022 Item FY 22 23 Bulk Capacity Fee 700 gpd of avg capacity Bulk Commodity Charge 320 1,000 gallons Contract Services Fee Water Districts 170 1,000 gallons Monthly Base Charge Systems Less than 1 of County’s Total Bulk Sales 15000 Town of Micro 15000 Town of Pine Level 15000 Systems 1 - 5 of County’s Total Bulk Sales 40000 Town of Selma 40000 Carolina Water Service Winston Pt White Oak 40000 Town of Princeton 40000 Town of Kenly 40000 Town of Four Oaks 40000 Systems 5 - 10 of County’s Total Bulk Sales 50000 Town of Fuquay - Varina 50000 Systems 11 - 25 of County’s Total Bulk Sales 80000 Aqua NC Flowers Plantation 80000 Systems 26 - 50 of County’s Total Bulk Sales 1,50000 Systems over 50 of County’s Total Bulk Sales 2,00000 Town of Clayton 2,00000 Table 4 Retail Sewer Fees – New Services Connections - Effective Date July 1 , 2022 RESIDENTAL NON - RESIDENTIAL Item FY 22 23 FY 22 23 Tap Fee County’s cost plus 10 County’s cost plus 10 System Development Fee SDF Based on water meter size ¾ ” 4,09000 1 ” 10,22500 ^ 1 ½ ” 20,45000 ^ 4,09000 2 ” 32,72000 ^ 3 ” 65,44000 ^ 4 ” 102,25000 ^ 6 ” 204,50000 ^ 8 ” 327,20000 ^ ^ In situations where the application of the meter - based fees will result in the collection of fees significantly different than the potential requirement of a new customer requesting service , the Director of Public Utilities shall have the discretion to calculate system development fees based on 1462 gpd , with a minimum SDF of 4,09000 Table 5 Retail Sewer Rates - Effective Date September 1 , 2022 Item FY 22 23 Retail Monthly Service Base Charge ¾ ” – 1 ” Meter 3100 month Devil’s Racetrack 3 4 ” - 1 ” 3600 month 1 ½ ” Meter 5100 month Devil’s Racetrack 1 ½ ” 5500 month 2 ” Meter 7300 month 3 ” Meter 11500 month 4 ” Meter 19500 month 6 ” Meter 30000 month 8 ” Meter 44500 month Retail Commodity Charge 725 1,000 gallonsPage0853 June 20 , 2022 – 6 00 pm Continued Table 6 Bulk Sewer Rates - Effective Date September 1 , 2022 Item FY 22 23 1100 gpd plus costs for any necessary transmission Bulk Capacity Fee infrastructure not included in the 2019 SDF CIP Bulk Commodity Charge Transmission Town of Smithfield 073 1,000 gallons Town of Selma 117 1,000 gallons Town of Pine Level Four Oaks Clayton Aqua 137 1,000 gallons Bulk Commodity Charge Treatment Smithfield Selma Pine Level Four Oaks 331 1,000 gallons Clayton Aqua 331 1,000 gallons Carolina Water Service 677 1,000 gallons High Strength Surcharge Town of Clayton 281 1,000 gallons Residential Septage Disposal 3400 ton ^ Biosolids Processing 1,14500 ton Landfill Leachate Treatment 615 1,000 gallons ^ Delayed until Septage Receiving returns to normal operations receipt of septage at BioSolids Facility on County Home Road Table 7 Plan Review , Permitting & Inspection Fees - Effective Date July 1 , 2022 Item FY 22 23 Water Plan Review Residential 8500 lot Non - Residential 13000 acre Sewer Plan Review Residential 8500 lot Non - Residential 13000 acre Fire Hydrant Escrow Fee 3,400 hydrant Stormwater Plan Review Residential 1,150 for up to 10 acres of total site ; 105 ac for each additional acre Non - Residential 1,150 for up to 5 acres of total site ; 105 ac for each additional acre Sedimentation Erosion Control Plan Review for Non - Residential and Residential development 38000 disturbed acre up to 10 acres ; 12500 for plans that include entire development disturbance each additional acre prior to lot recordation Sedimentation Erosion Control Plan Review for 10000 lot Residential Lot Plans after lot recordation 50000 1 – 2 calls on the site Buffer Determination 12500 for each additional call Re - Inspection Fee Applies when a re - inspection is required to 15000 Re - Inspection address a NOV , project permit close - out or utilities final inspection Sedimentation Erosion Control Financial Responsibility & Ownership Transfer Requiring 15000 Permit Transfer New PermitPage1854 June 20 , 2022 – 6 00 pm Continued SECTION VII Salaries The following shall govern salary and wage compensation for Fiscal Year 2022 - 2023 A Pay Plan There is hereby adopted a pay plan which includes a 3 cost - of - living adjustment in July 2022 and performance pay adjustments up to 2 in October 2022 for FY 2022 - 2023 SECTION VIII The Budget Officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions as specified in North Carolina General Statute 159 A The Budget Officer may transfer amounts between objects of expenditure within departments listed in this Ordinance without a report B The Budget Officer may transfer amounts up to 5,000 between departments of the same fund and reported as part of the monthly financial statements C The Budget Officer may not transfer amounts between funds nor from the Contingency Fund without prior Board Action SECTION IX Restricted Revenues The Finance Officer is hereby directed to fund appropriations which have specified revenues prior to funding with General Fund monies This is to include but not limited to Fines and Forfeitures , ABC profits , Sales Tax , State and Federal Grants , and Forestry Revenues That a non - profit corporation be continued to issue obligations to finance the purchase and or construction of fixed assets to include but not limited to utility lines and buildings SECTION X State designated Sales and Use Tax is hereby designated for the payment of debt for new and renovated schools School Debt Service is to be paid from the General Fund as directed by the independent auditors Fines and Forfeitures are deposited directly with the Board of Education by the Clerk of Court SECTION XI Encumbrances All outstanding encumbrances from Prior Fiscal Years are to be carried forward to Fiscal Year 2022 - 2023 All Project Ordinance appropriations are continued SECTION XII Budget Control The Board of Commissioners in approving the Budget , have utilized to the fullest extent possible its revenue sources Over collections of revenue or unanticipated revenue sources cannot be expected to materialize during the year It is therefore , of utmost importance , and the County Manager is hereby directed , to initiate steps to insure that the budget as fixed herein is complied with The County Manager is further directed where it appears that costs may possibly exceed budget appropriations , to first take steps to contain costs by any necessary methods including reductions in services , prior to requesting budget amendment action by the Board of Commissioners SECTION XIII The Board of Commissioners hereby authorizes the Johnston County Tax Administrator to collect taxes for the Towns of Clayton , Smithfield , Four Oaks , Pine Level , Micro , Princeton , Wilson’s Mills , Whitley Heights Sanitary District , Moccasin Creek Service District and Smithfield Downtown Development District in compliance with the contracts adopted by the various governing boards A charge of two percent 2 of all taxes collected for the governmental units will be payable to Johnston County for said billing and collection services Taxes for the Towns of Archer Lodge , Selma , Kenly , and Benson are collected by the Johnston County Tax Administrator also The charge of two and one half percent 2 ½ of all taxes collected will be payable to Johnston County for said billing and collection services SECTION XIV The Board of Commissioners hereby authorizes the Tax Administrator to bill and collect taxes for the Whitley Heights Sanitary District and for the Fire Departments listed below and to charge a uniform fee of two percent 2 of all taxes collected on their behalf Banner Fire District 12 cents Bentonville Fire District 12 cents Beulah Kenly Fire District 10 cents Boon Hill Princeton Fire District 10 cents Blackmans Crossroads Fire District 13 cents Brogden Fire District 10 cents Claytex 1175 cents Corinth Holder Fire District 11 cents Elevation Fire District 10 cents McLemore - Cleveland Fire District 925 cents Meadow Fire District 11 cents Micro Fire District 12 centsPage2855 June 20 , 2022 – 6 00 pm Continued Nahunta Fire District 6 cents Newton Grove Fire District 75 cents North Side Fire District 9 cents Oakland Fire District 7 cents ONeals - Antioch Fire District 8 cents PI - LE 10 cents Selma 12 cents Shoeheel 12 cents Smithfield 12 cents Strickland Crossroads Fire District 12 cents West Johnston Fire District 9 cents Wilsons Mills Fire District 6 cents Wynn Four Oaks Fire District 105 cents 50 - 210 Fire District 8 cents The above amounts are per one hundred dollar valuation of property listed for taxes as of January 1 , 2022 , located within these Special Fire Districts The Board of Commissioners hereby appropriates to the Special Fire Districts , sums collected for the use by the Special Fire Districts in such manner and for such expenditures as is permitted by law from the proceeds of the tax levy SECTION XV The Board of Commissioners hereby authorizes the Tax Administrator to bill and collect taxes for the Research Training Zone District at a rate of eight cents per one hundred dollar valuation of property listed for taxes as of January 1 , 2022 , located within the district SECTION XVI The Board of Commissioners hereby authorizes the Tax Administrator to bill and collect taxes for the Moccasin Creek Service District at a rate of three cents per one hundred dollar valuation of property listed for taxes as of January 1 , 2022 , located within the district SECTION XVII The County Manager or designee shall have the authority to obligate through the necessary agreements , contracts , agreements , or other such documents funds included in this budget ordinance and execute contracts in accordance with Article 8 of Chapter 143 of the North Carolina General Statutes and the Johnston County Purchasing Policy , as may be amended from time to time At the County Manager’s discretion , any lease , agreement , contract , contract amendment , or change order described in this section may nevertheless be submitted to the Board Contracts , amendments , or change orders duly approved by the Board may be executed by the Chairman , Vice - Chairman , or County Manager th The ORDINANCE being duly passed and adopted this 20 day of June , 2022 JOHNSTON COUNTY BOARD OF COMMISSIONERS ______________________________________________ RS “ Butch ” Lawter , Jr , Chairman ________________________________________________ Paula G Woodard , Clerk to the Board 5 Triangle Land Partners , LLC and Floyd Landing Holdings , LLC – Request Approval for Relocation of Graves County Attorney Jennifer Slusser explained that Triangle Land Partners , LLC on behalf of Floyd Landing Holdings , LLC is requesting the Board to adopt a resolution approving the relocation of 16 graves from the abandoned Parrish - Holt Cemetery She called to the Board’s attention , the report contained in the agenda packet which details the investigation to identify the next of kin Ms Slusser stated the property is located on a 41 acre parcel owned by Floyd Landing Holdings on the west side of US Hwy 70 , and is proposed for a residential development Ms Slusser outlined the Board’s legal responsibility pursuant to North Carolina General Statute 65 - 106 , which allows for the disinterment of the graves by the owner of the land of an abandoned cemetery after the Board’s consent Ms Slusser stated the Board must decide if the graves have been abandonedPage3856 June 20 , 2022 – 6 00 pm Continued before consenting to the removal Ms Slusser stated an abandoned cemetery is one that is ceased from maintenance or use by a person with a legal right to the property with the intent of not maintaining the real property in the foreseeable future Ms Slusser stated that she believes the abandonment issue is addressed in the report She stated a preliminary plat for the proposed subdivision has been approved by the Town Smithfield and although it is within the ETJ of Smithfield , the decision stands with the Board of Commissioners Ms Slusser noted the developer’s representative is available for questions Commissioner Ted G Godwin stated that he does not take this issue lightly , but in looking at this property closely , it appears the last person buried there was in 1940 Commissioner Godwin asked where the graves would be relocated Olivia Heckendorf , Architecture Historian , stated the graves would be relocated to Sunset Memorial Park in Smithfield Vice Chairman Patrick E Harris stated he was satisfied with the report and the graves would be moved to a cemetery where they would receive care Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried unanimously , the Board adopted the following resolution approving the request Johnston County Board of Commissioners RESOLUTION WHEREAS , Triangle Land Partners , LLC , with assistance of GreyRock Consulting , Inc , is currently engaged in a residential subdivision project on property owned by Floyd Landing Holdings , LLC designated as Floyd Landing in Johnston County and identified as PIN 15077035H ; and WHEREAS , Triangle Land Partners , LLC has certified to the Board that there are approximately 16 graves in the Parrish - Holt Cemetery that are located in the proposed residential subdivision project and that it is reasonably necessary to disinter , remove , and reinter the remains from the gravesites to Sunset Memorial Park in Smithfield , North Carolina in order to carry out the project ; and WHEREAS , North Carolina General Statute § 65 - 106 allows corporations who own land on which an abandoned cemetery is located , to effect the disinterment , removal , and reinterment of graves in compliance with said Section ; and WHEREAS , Floyd Landing Holdings , LLC , as owner of the land on which an abandoned cemetery is located seeks the consent of the Johnston County Board of Commissioners to effect the disinterment , removal , and reinterment of graves in compliance with North Carolina General Statutes § 65 - 106 NOW , THEREFORE , BE IT RESOLVED , that the request by Triangle Land Partners , LLC and Floyd Landing Holdings , LLC is approved and the owner of the property may effect the disinterment , removal , and reinterment of the graves in the Parrish - Holt Cemetery , provided the owner of the property follows the procedures required by NC Gen Stat § 65 - 106 , and so long as the owner of the property complies with the lawful and reasonable instructions of the Johnston County Health Director Duly resolved this the 20th day of June , 2022 6 Alliance – Update to the Board Alliance Chief Executive Officer Rob Robinson presented the following update to the Board of Commissioners He thanked Commissioner Ted G Godwin for his service on the Alliance Board of Directors Page4857 June 20 , 2022 – 6 00 pm Continued Mr Robinson stated Alliance is not a service provider but a Managed Care Organization contracting with over 7,000 providers that deliver mental health , substance use , and developmental disability services Mr Robinson stated around 40 states have transitioned to Managed Care Plans Page5858 June 20 , 2022 – 6 00 pm Continued Mr Robinson stated that serving children in the Foster Care System is a part of Alliance’s services and workforce and capacity issues continue to exist He reported the State has developed a Child and Family Specialty Plan , but Alliance believes the Local Management Entity LME MCO has an infrastructure in place and has been serving patients for years to better serve the Foster Care patients Commissioner Ted G Godwin stated Mr Robinson does an outstanding job along with his leadership at Alliance He asked from a pro - rata basis , population wise , how are the services in Johnston County versus other counties Mr Robinson stated Alliance has network adequacy standards ; however , they are always evaluating whether more services are needed He noted there is a group home for foster children and a child crisis facility opening soon Mr Robinson stated while everything can always be better , Johnston County is meeting the standard Commissioner Tony Braswell asked about adolescent care with regards to mental health stating he has been working with some Medicaid clients of adolescents and he has found that there seems to be a point where the only option they have is to go to the emergency room at the hospital , and hospitals are not prepared to deal with these issues Commissioner Braswell stated the emergency room places these children in a holding room often for as many as five or six days before placement can be found He asked about that gap in service in Johnston County Page6859 June 20 , 2022 – 6 00 pm Continued Mr Robinson responded that this gap is not specific to Johnston County and he acknowledged that there is a shortfall on services for adolescents with high needs He stated Alliance is finding there are too many kids that go to the emergency room and have to wait for services Mr Robinson stated he would look further into this and report back to the Commissioners Commissioner Tony Braswell stated there has been an increase in suicides with adolescents , particularly with social media bullying and he would like to find some resources to help with these issues 7 Public Utilities – Design - Build Project Delivery – Timothy G Broome Water Treatment Plant Utilities Director Chandra Farmer , PE , explained that in accordance with NCGS 143 - 1281A b , a governmental entity shall establish in writing the criteria used for determining the circumstances under which the design - build method is appropriate for a project , and such criteria shall , at a minimum , address all of the following 1 The extent to which the governmental entity can adequately and thoroughly define the project requirements prior to the issuance of the request for qualifications for a design - builder 2 The time constraints for the delivery of the project 3 The ability to ensure that a quality project can be delivered 4 The capability of the governmental entity to manage and oversee the project , including the availability of experienced staff or outside consultants who are experienced with the design - build method of project delivery 5 A good - faith effort to comply with NCGS 143 - 1282 , NCGS 143 - 1284 , and to recruit and select small business entities The governmental entity shall not limit or otherwise preclude any respondent from submitting a response so long as the respondent , itself or through its proposed team , is properly licensed and qualified to perform the work defined by the public notice issued under NCGS 143 - 1281A c 6 The criteria utilized by the governmental entity , including a comparison of the advantages and disadvantages of using the design - build delivery method for a given project in lieu of the delivery methods identified in subsections 1 , 2 , and 4 of NCGS 143 - 128 a1 Ms Farmer stated staff proposes establishment of the following criteria to determine the circumstances under which the design - build project delivery method is appropriate for the Timothy G Broome Water Treatment Plant 14 - 18 MGD Expansion 1 The County must define the project requirements prior to the issuance of the Request for Qualifications RFQ CRITERIA The County will thoroughly define the proposed project with the following information prior to the RFQ ? Project location ? Project objectives ? Project scope of work ? Project budget ? Project schedule APPLICATION OF CRITERIA The Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project has been sufficiently defined such that internal staff and outside consultants can adequately convey information related to the project location , objectives , scope of work , budget and schedule County staff and consultant developed and submitted a project definition to the North Carolina Department of Environmental Quality Drinking Water State Revolving Fund in support of a funding application for the project 2 Time constraints for delivery of the project CRITERIA Time constraints for delivery of the project shall be such that ? The traditional “ design - bid - build ” project delivery method is not capable of meeting schedule demands for the project ; or ? Delivery of the project using the traditional “ design - bid - build ” project delivery method cannot be accomplished within the time constraints of the project given the prescribed project funding APPLICATION OF CRITERIA This project is critical to the water supply needs of Johnston County This project is necessary In order to meet projected peak day demands for the summer of 2025 based on recent updated demand projections Updated demand projections include unprecedented growth for many of the County’s bulk customers The traditional “ design - bid - build ” project delivery method will not meet the County’s need for additional peak day supply in 2025 Page7860 June 20 , 2022 – 6 00 pm Continued 3 Ability to ensure that a quality project can be delivered CRITERIA Delivery of a quality project shall be ensured through one or more of the following ? Hiring of an owner’s representative to perform independent inspection and oversight of the project with experience in the design - build project delivery method ; ? Requiring the design - build team to furnish third - party inspection services ; and or ? Inspections performed by Johnston County staff APPLICATION OF CRITERIA The County will ensure quality delivery of the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project by the use of an outside consultant as an owner’s representative that has project management and delivery experience with the design - build project delivery method The County retained HDR Engineering Inc of the Carolinas HDR to serve as the owner’s representative , and HDR shall serve as an agent of the County The Phase 1 contract includes project administration , permitting management , delivery method selection , RFQ development , contract negotiations and funding application assistance The Phase 2 contract will include construction support services In addition , County staff experienced in contract and construction management will ensure a quality project delivery 4 The capability of the County to manage and oversee the project CRITERIA The capability of the County to manage and oversee the project shall be accomplished through both of the following ? Dedication of a project management team comprised of internal County staff ; and ? Hiring of an owner’s representative to provide project oversight through the entire project delivery process , including design , construction and commissioning APPLICATION OF CRITERIA The County has retained the services of HDR to serve in the role of owner’s representative for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project HDR will be responsible for project management HDR has experience in the design - build project delivery method and will provide oversight for this project The County also has experienced staff to aid with project management The core project team has experience with water treatment plant projects and other utility water sewer projects throughout the County Internal staff will assist in reviewing the work of the design - builder and the outside consultant Such staff includes the Director of Utilities , Assistant Director of Utilities – Treatment ; Engineering Manager ; Capital Projects Manager ; Electrical Instrumentation SCADA Manager ; and supporting operational staff The combination of County staff and outside consultant HDR will ensure proper oversight and management of the project through the entire project delivery process , including design , construction , and commissioning 5 Good faith efforts to comply with NCGS 143 - 1282 , NCGS 143 - 1284 and recruit and select small business entities must be able to be accomplished in order to use the design - build method CRITERIA Good faith efforts must be used to solicit , recruit and select small business entities APPLICATION OF CRITERIA Good faith efforts to comply with the North Carolina General Statues related to minority participation and historically under - utilized businesses , as well as the ability to select small business entities using the design - build project delivery method , will be achieved for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project through ? Following applicable law ; ? Following Johnston County’s Minority and Small Business Participation Outreach Policy ; ? Meeting any funding source requirements ; ? Conducting a business outreach meeting specific to this project ; and ? Advertising the RFQ The RFQ for a design - builder will not preclude or limit any respondent from submitting a response so long as the respondent is properly licensed and qualified to perform the work The RFQ documents include provisions regarding self - performance of work , outreach of historically under - utilized businesses HUB and outreach of minority and women owned business entities MBE WBE 6 A comparison of the advantages and disadvantages of the use of the design - build project delivery method shall show an overall advantage to the County for using the design - build project delivery method in - lieu of the methods identified in NCGS 143 - 128 a1 1 , 2 and 4 CRITERIA The design - build project delivery method must show an overall advantage when compared with separate - prime bidding , single - prime bidding and construction management at risk project delivery methods APPLICATION OF CRITERIA Utilizing the deign - build project delivery method for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion project presents clear advantages when compared with other project delivery methods , as follows Page8861 June 20 , 2022 – 6 00 pm Continued ? The design - build project delivery method is a process in which the owner hires a design and construction team , or integrated team , based on a review of qualifications from various design – build teams The proposed design - builders are willing partners in the business venture and are incentivized through their contractual or organizational relationships to deliver the project to the owner within the prescribed budgetary and scheduling constraints The owner maintains a single contractual relationship with the design - build team Advantages of design - build include the following o Projects are delivered in a shorter timeframe as design and construction activities overlap rather than requiring the completion of design prior to beginning construction Likewise , the design - builders can begin to procure items with significant project schedule impacts , such as long - lead equipment , early in the project Similarly , the construction work can be divided into two or more phases , allowing early scopes of work , such as sitework and utility work , to proceed while design work on remaining scopes are being finalized o Price certainty , as design proceeds to a point where a guaranteed maximum price GMP is obtained from the design - builder to design completion o Ability to select the design - build team based on qualifications and experience o Focus on the constructability of a project’s design and how to maintain plant operations during construction , which is critical to avoid service disruptions ? Separate - prime bidding and single - prime bidding project delivery methods referred to design - bid - build project delivery are the processes the County has traditionally used to deliver most projects Under these processes , the owner hires a designer based on qualifications The designer prepares plans and specifications , which are then publicly advertised to obtain the lowest responsible , responsive bid from a licensed contractor or contractors in subdivisions or branches of work , in the case of multi - prime bidding who constructs the project The primary advantage of this method is that there is a clear indication of low price at the time of bid However , this bid assumes no owner or design modifications during construction The actual total project cost is not known until all change orders are identified near the completion of construction The owner maintains separate contractual relationships with the designer and contractor s under these methods The delivery time is generally longer for these methods than design - build due to the requirement that design be entirely complete prior to bidding the project for construction ? Construction Management at Risk is a delivery method in which the owner hires a design professional and a separate construction manager contractor using a qualifications - based selection process These two entities become an owner - created design construction team to deliver a completed project to the owner under terms and conditions in which the owner obtains a guaranteed project cost from the construction manager at risk The primary benefits of this process are that the owner retains flexibility in meeting contracting goals related to HUB MBE and local contractor participation The main disadvantage of this method is that the construction manager at risk and design professional are placed into a teaming arrangement by the owner , creating a higher potential for less cohesiveness and disagreement when compared to a market - driven partnering arrangement developed in the design - build delivery method Ms Farmer stated based on the delivery method comparison , the design - build project delivery provides a clear advantage to the County for this project , because the main advantages are shorter project completion time and greater cost certainty during the design phase of the project She added that given the near - term need of the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion and the inherent high - dollar cost of this project , the design - build project delivery method advantages best coincide with the core needs and risks of this project Ms Farmer stated staff recommends the Board of Commissioners approve the establishment of these criteria for determining circumstances under which the design - build method is appropriate for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion and authorize the use of the design - build project delivery method for the project In response to Commissioner Ted G Godwin , Ms Farmer stated the criteria is based on normal construction activities ; however , staff is taking into consideration the current supply chain issues and delays Upon a question by Chairman RS “ Butch ” Lawter , Jr , Ms Farmer stated an interest meeting will be held at the end of June with the RFQ issued in July She stated the process requires a Statement of Qualifications SOQ to be delivered by August with something in place before the end of August Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board approved the establishment of criteria as submitted by staff for determiningPage9862 June 20 , 2022 – 6 00 pm Continued circumstances under which the design - build method is appropriate for the Timothy G Broome Water Treatment Plant 14 – 18 MGD Expansion and authorized the use of the design - build project delivery method for the project 8 Public Utilities – Residential Septage Disposal Temporary Policy Procedural Modification Utilities Director Chandra Farmer , PE , reported the Johnston County Water and Sewer Policies allow authorized septage haulers to dispose of residential septage waste received in Johnston County to be disposed of and treated in the County’s wastewater system at 680 County Home Road Ms Farmer explained that Solid Waste staff weighs the septage waste delivered by haulers to the Johnston County Landfill , then haulers deliver and discharge the waste at the Public Utilities operated BioSolids Dewatering Facilities on County Home Road Ms Farmer continued that the County is upgrading the septage receiving facility as part of the 210 WWTF and BioSolids Improvements project She noted that unfortunately , the County cannot safely accommodate septage hauler trucks and ensure continuous operations at this facility during the construction of upgrades Therefore , staff proposes to temporarily July 5 , 2022 – June 30 , 2023 require septage haulers to deliver waste to the Central Johnston County Regional Wastewater Treatment Facility CJCRWWTF at 1000 E Huntley Street in Smithfield Ms Farmer stated staff proposes the following temporary procedure 1 Haulers continue to weigh septage at the Johnston County Landfill 680 County Home Road 2 Haulers deliver the septage for disposal to the CJCRWWTF at 1000 E Huntley Street Disposal hours shall be 8 00 am – 4 30 pm 3 Haulers must present their weigh ticket to staff at the CJCRWWTF for visual verification The weigh ticket must be dated the same day as disposal 4 Postpone the proposed FY 22 23 septage disposal rate increase until the County resumes normal septage receiving operations Ms Farmer acknowledged the inconvenience imposed to haulers during this period and stated this is the best solution to allow for continued disposal operations as work to upgrade and improve facilities continues She stated staff will encourage the contractors to expedite work to the extent poss