January 4, 2021 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 710 Meeting of the Johnston County Board of Commissioners January 4 , 2021 10 00 am The Johnston County Board of Commissioners met in regular session Monday , January 4 , 2021 at 10 00 am in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , Finance Officer and Deputy County Manager J Chad McLamb , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 10 00 am Commissioner Patrick E Harris opened the meeting with a prayer Commissioner Tony Braswell led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Chairman Chad M Stewart stated staff is requesting the Board to table Item No 6 – Public Utilities BioSolids Dewatering Improvements Project – 210 Wastewater Treatment Facility Sole Source Request until the January 20 , 2021 6 00 pm meeting Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the agenda tabling the Public Utilities BioSolids Dewatering Improvements Project – 210 Wastewater Treatment Facility Sole Source Request item until the January 20 , 2021 6 00 pm meeting 2 Consent Agenda Items Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – December 7 , 2020 10 00 am and 6 00 pm 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 Colson Ridge Drive and Krosley Run Court – Colson Ridge – Cleveland Township Eagles Nest Drive , Soaring Eagle Trail , Golden Eagle Ridge , Eagle Swoop Street , and Nesting Place Trail – Eagles Nest – Phase 3 – O’Neals Township Rickenbacker Drive – Jamison Ridge – Phase 2 – O’Neals Township C Town of Benson – Appointments to Benson Planning Board Per the Town of Benson’s request , the Board made the following appointments to the Benson Planning Board representing the ETJ area of the Town Sherry Lockamy , 204 Banner Lane , Benson term expiring 12 31 2022 Joshua Hefner , 854 NC 242 South , Benson term expiring 12 31 2022 D Town of Wilson’s Mills – Appointment to Wilson’s Mills Planning Board Per the Town of Wilson’s Mills request , the Board made the following appointment to the Wilson’s Mills Planning Board representing the ETJ area of the Town Page711 January 4 , 2021 – 10 00 am Continued Anthony Jay Mouser , 1025 Powhatan Road , Clayton term expiring 06 30 2022 E Sheriff’s Office – Approval of Jail Health Plan Per the request of Sheriff Steve Bizzell , the Board approved the Jail Health Plan , as listed in the agenda packet F Tax Releases & Refunds – 11 16 2020 – 12 15 2020 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 11 17 2020 11 28 44 AM dwoodward2 2020 - 112526 2000211453 EDWARDS , GARY W 1,02791 11 17 2020 2 36 33 PM dwoodward2 2020 - 67208 2000043847 MOLINEAUX , LAWRENCE E 2,19664 11 18 2020 8 39 03 AM dwoodward2 2020 - 95879 2000179437 TH CLAYTON DEVELOPMENT 2,03627 COMPANY LLC 11 20 2020 9 15 12 AM dwoodward2 2020 - 103755 2000222963 WADE STANLEY WHITLEY 2,03229 REVOCABLE TRUST 11 20 2020 9 23 31 AM dwoodward2 2020 - 103753 2000222961 WHITLEY , HILDA WALTON 3,03307 11 20 2020 9 29 09 AM dwoodward2 2020 - 103752 2000222961 WHITLEY , HILDA WALTON 28157 11 23 2020 10 03 07 PM ALassiter 2020 - 16698 2000102204 BYRD , DOUGLAS Q 11539 11 25 2020 10 46 43 AM dwoodward2 2020 - 112681 2000187325 WELLS BROTHERS LLC 94348 12 1 2020 1 16 33 PM dwoodward2 2020 - 77926 2000162228 PORTOFINO DEVELOPMENT GROUP 89250 12 1 2020 3 36 56 PM dwoodward2 2020 - 36041 2000192308 GGJMD , LLC 21250 12 2 2020 11 51 50 AM dwoodward2 2020 - 116780 2000222377 ELGIA SCOTT FARRIOR REVOCABLE 24671 LIVING TRUST 12 2 2020 12 09 58 PM dwoodward2 2020 - 18077 2000020977 CATHOLIC DIOCESE OF RALEIGH 21,99675 12 2 2020 12 17 07 PM dwoodward2 2020 - 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17711 2000217365 CYPRESS CREEK RENEWABLES 1,19911 12 11 2020 11 15 42 AM dwoodward2 2020 - 119047 2000152330 GREEN , JOHN R 1,40801 12 11 2020 12 30 43 PM ALassiter 2020 - 3086 2000221467 ZIP CARWASH LLC 23960 12 15 2020 3 35 04 PM ALassiter 2020 - 3086 2000221467 ZIP CARWASH LLC - 23960 12 15 2020 3 45 18 PM ALassiter 2020 - 3086 2000221467 ZIP CARWASH LLC 1,19590 12 15 2020 3 47 58 PM ALassiter 2020 - 3086 2000221467 ZIP CARWASH LLC 13088 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 11 16 2020 2 43 53 PM WFHL 2020 - 14972 2000144458 BUSBY , BILLIE 1,66592 11 16 2020 3 15 06 PM LOCKBOX 2020 - 14634 2000129853 BUNN , CATHERINE N 38153 11 16 2020 3 15 06 PM LOCKBOX 2019 - 50693 2000109047 JOHNSON , RICHARD G 56760 11 16 2020 3 15 06 PM LOCKBOX 2019 - 50692 2000100978 JOHNSON , RICHARD G 4,41554 11 16 2020 3 15 06 PM LOCKBOX 2019 - 50691 2000100978 JOHNSON , RICHARD G 5,82371 11 17 2020 7 10 55 AM ONLINE 2020 - 39141 2000081199 GUPTON , PERRY G 33762 11 17 2020 10 11 53 AM CORE 2020 - 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80389 2000127862 RATLIFF , TROY 20000 12 15 2020 2 52 02 PM LOCKBOX 2020 - 49188 2000203342 JOHN P AUSTIN , JR REVOCABLE 49929 TRUST 12 15 2020 2 52 02 PM LOCKBOX 2020 - 58274 2000098983 LEE , JASPER P JR 1,04647 12 15 2020 2 52 02 PM LOCKBOX 2020 - 94929 2000137245 TART , CAROL DELANE CREECH 26901 12 15 2020 2 52 02 PM LOCKBOX 2020 - 97574 2000175343 TRIANGLE PREMIER WOMENS 2,82855 HEALTH North Carolina Vehicle Tax System - Pending Refund Report – November 2020 100 + Payee Bill # Transaction Refund Total Name # Reason Change HEALEY , 0053965869 135492514 Adjustment 20109 STEPHEN 1588 ROBERT 21697PagePage pageNumber6715 January 4 , 2021 – 10 00 am Continued December 18 , 2020 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 11 15 20 to 12 15 20 Tax refunds - Personal Real Property 1,57418 Tax releases - Personal Real Property 2,01039 Motor Vehicle release refund 28551 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 COVID - 19 Updates Health Director Dr Marilyn Pearson began by thanking all the partners that continue to assist the Health Department with the response to the COVID - 19 Pandemic as well as the staff in the Health Department Dr Pearson updated the Board and stated the number of positive cases continues to increase significantly with the number of positive cases now at 12,354 and the current positivity rate at 159 Dr Pearson stated as of yesterday the County has had 117 deaths and there are 60 total citizens in the hospital Dr Pearson stated they are responding to nine outbreaks and three clusters She also reported that the hospital is being significantly impacted by this event and there are a number of patients in the ICU Dr Pearson noted testing continues across the County Dr Pearson spoke on vaccines and stated in the first distribution , the County received 1,000 doses of the Moderna vaccine followed by 300 doses in the second distribution She stated the County has been told to expect 100 doses during the next distribution Dr Pearson spoke on the vaccination phases and stated they are currently providing vaccinations for those in Phase 1A which includes health care providers , first responders , long - term care facilities , and any others that fit within that category Dr Pearson noted that vaccinating for future phases would depend on what the County receives from the State Dr Pearson stated once future phases begin , the staff will be working hard to get the word out regarding clinics and how everyone can receive a vaccine Emergency Services Director Kevin Hubbard reported the Personal Protective Equipment PPE supply chain for COVID - 19 remains stable Mr Hubbard stated EMS and the first responders continue to provide service and they are seeing an increase in the COVID related calls Mr Hubbard stated they have begun working with the Health Department to assist with vaccines for the first responders that meet the Phase 1A category and to date everything has gone smoothly He stated they would continue working on plans for future vaccine clinics In response to questions from Commissioners , Mr Hubbard stated Emergency Services and Johnston Health have discussed the use of field hospitals in the future in the event they would become necessary ; however , the main issue is staffing Both Mr Hubbard and Dr Pearson spoke on staffing issues at the hospital and having enough staff to care for patients 4 Public Comments A Register of Deeds Update Register of Deeds Craig Olive updated the Board and stated his office had to close for a week prior to the holiday due to COVID - 19 ; however , they are now back open on a limited scale Mr Olive provided the Board with an update on recordings in his office from 2019 and 2020 and noted that the electronic recording services have increased and proved to be a great asset during the pandemic Mr Olive thanked the County’s Human Resources and Public Health Departments for their assistance to the Register of Deeds Office during the pandemic B Citizen Comments from John Shallcross John Shallcross of Smithfield stated he owns Smithfield Cinemas and that because of the Governor’s Executive Orders they had to close for 245 days in 2020 He stated they are still under limited capacity operations with the recent Executive Order Mr Shallcross spoke on the difficulties of staying in business during this time stating they have lost a lot of revenue and are unable to pay their ad valorem tax bill Mr Shallcross asked the Board if the County could provide any relief to the small businesses Mr Shallcross stated they were holding out hope for federal funds and are being told that those funds are on the way He also stated that they have applied for state funds but nothing has been received yet PagePage pageNumber7716 January 4 , 2021 – 10 00 am Continued At the request of Commissioner Tony Braswell , Tax Administrator Jocelyn Andrews addressed the Board Ms Andrews stated unfortunately the payment of taxes is governed under the North Carolina General Statutes and there is no authority for counties to provide any relief to the business owners Ms Andrews encouraged any taxpayers having trouble to reach out to the Tax Office staff in an effort to arrange for some type of payment plan that could perhaps save on interest charges Ms Andrews reported she understands that there are various groups reaching out to the General Assembly on some type of assistance ; however , she is unsure if anything will be done or what that would look like Ms Andrews again encouraged those having difficulties to contact the Tax Office to discuss their situations Mr Shallcross encouraged the Board of Commissioners to reach out to the State Legislative Delegation regarding the matter 5 District Attorney’s Office – Request for Temporary Funding for Additional Staff Positions Johnston County District Attorney Susan Doyle addressed the Board to request immediate temporary funding from the County to fund one Assistant District Attorney position and one Legal Assistant position to work in the Johnston County District Attorney’s Office until June 30 , 2021 Ms Doyle reported that the North Carolina Administrative Office of the Courts provided temporary positions to District Attorney Offices across the State to deal with the increased workloads and backlogs that the COVID - 19 pandemic has placed upon their offices She stated the funding for these temporary positions will expire December 31 , 2020 Ms Doyle stated even though the courts have resumed , they are operating under very different circumstances given the COVID - 19 Pandemic Ms Doyle spoke on the new protocols that must be followed as it relates to check - in procedures and how cases are scheduled and handled within the courtrooms to ensure proper social distancing Ms Doyle stated she was hopeful that the funding for the positions would continue ; however , she has been told that it will no longer be available after December Ms Doyle noted that she has looked for other funding sources that would allow her office to keep the positions but has been unsuccessful Ms Doyle stated they need all the help they can get to continue to move through the backlog of cases and serve the citizens Ms Doyle presented the following information to the Board PagePage pageNumber8717 January 4 , 2021 – 10 00 am Continued Ms Doyle also submitted sample contracts and stated if the request is approved , the County would enter into an agreement with the Administrative Office of the Courts AOC She stated the employees would remain State employees with the County providing reimbursement to the AOC for the cost of the positions Ms Doyle also stated that there are approximately 17 other districts across the State that have county funded positions Ms Doyle noted that the positions are necessary to help address the backlog due to COVID - 19 , but they are also necessary due to the growth that Johnston County has experienced and the increased workload that has come as the result of that growth Commissioner Fred J Smith , Jr thanked Ms Doyle for her service stating she has done a great job as District Attorney Commissioner Smith stated he can respect the request ; however , in a recent telephone conversation about this topic , Ms Doyle acknowledged that her office is a State agency that is funded by the State and is the responsibility of the State Commissioner Smith stated he knows that the State has excess money and has received millions of dollars from the federal government related to the COVID - 19 Pandemic Commissioner Smith stated the citizens who elected him as a County Commissioner have already paid once through their income taxes to fund State offices and he does not believe it is fair to ask them to fund something twice through their property tax , which is why he cannot support this request Commissioner Smith stated the issue for him is not if the funds are needed , but whose responsibility it is to provide those funds Commissioner Smith spoke on the fundamental responsibilities of the County Commissioners and stated he cannot take money from the citizens of the County to discharge a responsibility of the State , which has an abundance of money Motion to Deny Request motion failed Commissioner Smith moved the Board deny the request The motion failed for lack of a second Commissioner Tony Braswell stated Commissioner Smith has made some valid points Commissioner Braswell stated he has been a County Commissioner for 15 years and in that time he has watched what the State has funded and not funded Commissioner Braswell stated the counties have seen mandate after mandate come down from the State without funding and he questioned if the Board should stand by and let services suffer because the State will not provide the needed funding Commissioner Braswell also provided other examples of double taxation , stating counties many times are caught in a bind and there is often no good answer Commissioner Smith reiterated that it is not the counties ’ responsibility to do what others are supposed to do and the Board must do what the citizens elect them to do Commissioner Smith stated if the Board allows the State to put this responsibility on the County , then the County will not have the funds to meet the infrastructure needs that are the responsibility of this Board Commissioner Larry Wood asked Ms Doyle why other counties such as Randolph County , are allotted more staff by the State and how the funding formula works Ms Doyle responded that while she does not have a good answer , she believes in the case of Randolph County , it had been a part of a multi - county district that split Ms Doyle stated in those situations , sometimes more Assistant District Attorneys stay in the larger counties rather than the smaller counties Commissioner Wood stated he agrees with Commissioner Smith 100 ; however , he noted that there are approximately 170 school system employees that are funded with local money even though it is the counties ’ responsibility to just build schools Commissioner Wood stated while he agrees with Commissioner Smith , he also does not want the citizens to be in a quagmire from a backlog in the court system Commissioner Wood suggested providing temporary funding to allow time for the Board to reach out to the State and learn more information as to the funding formula and why Johnston is not allotted more staff to equate to other counties Commissioner Ted G Godwin stated he understands the comments by both Commissioners Smith and Wood ; however , these are unprecedented times and the County does have some additional funding , not from ad valorem taxes , but from the COVID - 19 funds Commissioner Godwin stated he could support temporary th emergency funding through June 30 and no more beyond that Commissioner Godwin stated this would allow time to lobby the State for a solution to the problem At the inquiry of Commissioner Braswell , Finance Director and Assistant County Manager Chad McLamb stated the County has received additional COVID funds that have been used to supplant other areas in the budget so there is some funding available PagePage pageNumber9718 January 4 , 2021 – 10 00 am Continued Commissioner Patrick E Harris stated he does not disagree with any of the points made , but he would like to have more information as to State’s funding formula and why Johnston County does not have more staffing Commissioner Harris stated he believes the Board should reach out to the State to learn more ; however , in the meantime Ms Doyle has an immediate need in which she has exhausted all other resources available to her Motion and Second to Approve Request Commissioner Harris moved the Board approve funding for the two positions on a temporary basis st through June 30 , 2021 to be reassessed July 1 , and to also make contact with the Legislative Delegation regarding the funding formula used by the State to staff the District Attorney Offices Commissioner Tony Braswell seconded the motion Discussion Commissioner Butch Lawter stated he is agreeable to providing temporary assistance since this is an immediate need Commissioner Lawter stated he is curious as to why Johnston County receives less staffing than other areas and agreed on the need to look at how the State funds staffing for the District Attorney Offices Chairman Chad M Stewart stated he feels the Board understands the need , but Commissioner Smith has made some good points to consider Chairman Stewart stated with past situations such as the locally funded school system employees , perhaps those positions should not have been funded ; however , the Boards at that time had a reason to do what they did and the Commissioners are elected to make these kinds of decisions Vote The motion carried by the following vote Ayes Commissioners Chad M Stewart , Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , and Butch Lawter Nays Commissioner Fred J Smith , Jr 6 Budget Revisions Assistant County Manager and Finance Officer Chad McLamb requested the Board to approve the budget revisions listed in the agenda packet and offered to answer any questions Commissioner Ted G Godwin moved the Board approve the following budget amendments , seconded by Commissioner Patrick E Harris , and carried by unanimous vote Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 18 44502111 Rent of Copy Machine 1,00000 18 44505810 Endowments 4,01000 TOTAL NET EXPENDITURES 5,01000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 18 445034104 State of NC Library 5,01000 TOTAL NET REVENUE 5,01000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE Page0719 January 4 , 2021 – 10 00 am Continued 10 51000300 Salaries Part - Time 15000 10 51000400 Legal & Professional Fees 18000 10 51001700 Vehicles 1,75500 10 51003350 Supplies – Sheriff 2500 10 51004300 Special Services 12000 10 51007418 Capital Outlay – Drug Seizure 10,12000 10 51009056 Proceeds of Unclaimed Property 16,50780 TOTAL NET EXPENDITURES 28,85780 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510033099 Miscellaneous Revenue 14500 10 510035104 Sheriff Fees 1,30000 10 510036119 Sale of Assets 10,12000 10 510036189 Sale of Unclaimed Property 17,29280 TOTAL NET REVENUE 28,85780 7 Appointments Upon a motion by Commissioner Larry Wood , seconded by Commissioner Tony Braswell , and carried unanimously , the Board made the following appointments and granted waivers in the length of service policy where needed A Livestock Arena Management Board – Reappointed Leslie Averill and Sammy Lee for two year terms to expire on December 31 , 2022 Ms Averill received a waiver in the length of service policy 8 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of November She presented the following information Enforced Collections November 2020 YTD 20 21 Wage Garnishments 5 98 Bank Attachments 5 132 Levies 0 0 Foreclosures Complaints Filed November 2020 0 Pending 17 Dollars Collected October 2020 3,04651 Sale Date January 27 , 2021 Levy Amount and Collections to Date 2020 Real and Personal Levy 2019 Real and Personal Levy As of November 30 , 2020 As of November 30 , 2019 151,057,27704 Levy 142,424,45730 Levy 82,238,93844 Payments 78,915,34316 Payments 68,818,33860 Balance 63,509,11414 Balance 5444 Collected 5541 Collected - 097 RMV – NCVTS Collections November 2020 November 2019 1,234,15943 1,145,51074 YTD 20 21 - 7,272,72422 YTD 19 20 - 6,684,34048Page1720 January 4 , 2021 – 10 00 am Continued 9 Manager Reports and Comments A Annual Work Session County Manager Rick Hester stated staff would be reaching out to Commissioners individually to get possible topics and dates to schedule an upcoming work session He encouraged the Commissioners to share any ideas they have for a future work session with staff B Solid Waste Disposal Funding Mechanisms Consultant County Manager Rick Hester thanked Commissioners Larry Wood , Tony Braswell , and Butch Lawter for working with staff on evaluating potential consultants to work with the County on solid waste disposal funding options Mr Hester stated if there were no objections , staff would like to begin discussions with Garrett & Moore regarding a contract for services , subject to a successful negotiation on a price for their services There were no objections by the Board C Update – Broadband Infrastructure Study County Manager Rick Hester updated the Board with regards to the ongoing broadband infrastructure study Mr Hester stated the County’s broadband consultant ECC Technologies has been out in the community in an effort to evaluate broadband internet connections throughout the County Mr Hester thanked all the media partners as well as the County staff for helping to get the word out to the public that ECC Technologies would be traveling across the County Mr Hester stated he hopes to have a report on the study in 60 days D Joint Meeting with Education Partners At the inquiry of Commissioner Tony Braswell , County Manager Rick Hester stated he has been speaking with Johnston County Schools regarding a future joint meeting to discuss their capital needs Mr Hester stated he plans to follow up with Superintendent Dr Eric Bracy to schedule the meeting during the February March timeframe 10 Board Reports and Comments None 11 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege ; NCGS 14331811 a 4 – Economic Development ; and NCGS 14331811 a 5 – Acquisition of Property Commissioner Fred J Smith , Jr moved the Board go into closed session for the purposes of consulting with an attorney employed by the Board in order to preserve the attorney - client privilege pursuant to North Carolina General Statute 143 - 31811 a 3 ; to 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 ; and to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property pursuant to North Carolina General Statute 143 - 31811 a 5 Commissioner Larry Wood seconded the motion which carried unanimously No action was taken Commissioner Ted G Godwin moved the Board adjourn closed session and resume regular session Commissioner Larry Wood seconded the motion , which carried by unanimous vote There being no further business , Commissioner Ted G Godwin moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 1 00 pm ____________________________ Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage