August 15, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 60 Meeting of the Johnston County Board of Commissioners August 15 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 15 , 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 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 Fred J Smith , Jr opened the meeting with a prayer Commissioner April Stephens led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , 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 Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the consent agenda items as follows A 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 Regal Pond Drive – Regal Pond – Pleasant Grove Township B Appointments , approved as follows ? Johnston County Board of Adjustments – Reappointed Ernest R Allsbrook , Jr for a three year term to expire on August 31 , 2025 C CDBG - CV – Adoption of Updated Exhibits , as follows Recipient’s Plan to Further Fair Housing Grantee Johnston County Recipient’s Address 207 East Johnston Street , Smithfield , North Carolina 27520 - 2459 Contact Person Randy Smale , Housing Assistance Program Manager Contact Phone Number 919 989 - 5070 Contact Email randysmale @ johnstonnccom TDD Number 800 - 735 - 2962 I Indicate if the Recipient will be affirmatively furthering fair housing for the first time or has implemented specific activities in the past First Time____ Past Activities X II Identify and analyze obstacles to affirmatively furthering fair housing in recipient’s community Use additional pages as necessary Need to disseminate information of fair housing Discussions with local public officials indicate that housing related industries contractors , lenders , realtors , appraisers are aware of the need for fair housing ; however , they lack information regarding Federal and State fair housing legislation Public - assisted housing providers appear to be more knowledgeable of legislation There also seems to be a lack of knowledge among citizens of fair housing laws and programs that support home ownership Need for public private awareness of housing opportunities There is a need for Johnston County lenders , realtors and citizens to be made aware of programs that can aid low moderate income families in obtaining affordable homeownership III Will the above activities apply to the total municipality , City or County Yes X No_____ If no , provide an explanation Use additional pages as necessary Page61 August 15 , 2022 – 6 00 pm Continued IV Briefly describe the quarterly activities that the recipient will undertake over the active period of the grant to affirmatively further fair housing in their community A time schedule and estimated cost for implementation of these activities must be included Activities must be scheduled for implementation at least on a quarterly basis Use attached table The County has adopted this Fair Housing Plan that establishes a Complaint Procedure that designates the County Housing Assistance Program Manager as the official to receive complaints regarding housing discrimination The County will work with Johnston - Lee - Community Action and or other housing agencies to promote community outreach on home ownership and fair housing A part of this outreach effort will be to identify realtors in the County whose housing market enables them to assist individuals and families of all income ranges to locate affordable housing Additional outreach efforts include placing Fair Housing Pamphlets in the County library and with County lending organizations and citizen organizations Grantee Name Johnston County Quarterly Fair Housing Activity Months Year Estimated Actual Cost Cost Example Establish FH policy , Complaint Procedure Jan - Mar 20xx xxxx xxxx Jan - March 2021 0 Advertise Fair Housing Complaint Procedure that includes State’s TDD Number April – June 2021 0 Assess Fair Housing plan to see how it is working July - Sept 2021 0 Public radio announcement of the grantee’s fair housing complaint procedure Oct – Dec 2021 0 Community outreach for fair housing in the form of a workshop or designaged housing fair Jan - March 2022 Place Fair Housing information in the County Library April – June 2022 Publish the grantee’s fair housing complaint procedure and TDD number in the local newspaper July - Sept 2022 Distribute Fair Housing Pamphlets to citizen organizations throughout the County Oct – Dec 2022 Distribute Fair Housing Pamphlets to lending institutions throughout the County Jan - March 2023 If necessary , replace Fair Housing brochures in County Courthouse and Library April – June 2023 Develop lender and realtor list to assist first time home - buyers July - Sept 2023 Assess Fair Housing Plan to see how it worked V Describe recipient’s method of receiving and resolving housing discrimination complaints This may be either a procedure currently being implemented or one to be implemented under this CDBG grant Include a description of how the recipient informs the public about the complaint procedures Use additional pages as necessary 1 Any person or persons wishing to file a complaint of housing discrimination in Johnston County may do so by informing the County Housing Assistance Program Manager of the facts and circumstance of the alleged discriminatory acts or practice 2 Upon receiving a housing discrimination complaint , the County Housing Assistance Program Manager shall acknowledge the complaint within 10 days in writing and inform the Division of Community Assistance and the North Carolina Human Relations Commission about the complaint 3 The County Housing Assistance Program Manager shall offer assistance to the Commission in the investigation and reconciliation of all housing discrimination complaints which are based on events occurring in the County 4 The County shall publicize in the local newspaper , with the TDD # 1 – 800 – 735 – 2962 who is the local agency to contact with housing discrimination complaints Adopted this the 15th of August , 2022 in Smithfield , North Carolina LANGUAGE ACCESS PLAN Providing Meaningful Communication with Persons with Limited English Proficiency Johnston County County December 17 , 2020 to September 17 , 2023 Time Period Page62 August 15 , 2022 – 6 00 pm Continued The purpose of this Policy and Plan is to ensure compliance with Title VI of the Civil Rights Act of 1964 , and other applicable federal and state laws and their implementing regulations with respect to persons with limited English proficiency LEP Title VI of the Civil Rights Act of 1964 prohibits discrimination based on the ground of race , color or national origin by any entity receiving federal financial assistance Administrative methods or procedures , which have the effect of subjecting individuals to discrimination or defeating the objectives of these regulations , are prohibited POLICY In order to avoid discrimination on the grounds of national origin , all programs or activities administered by Johnston County will take reasonable steps to ensure that persons with Limited English Proficiency LEP have meaningful access and an equal opportunity to participate in benefits and services for which such persons qualify This Policy defines the responsibilities the local unit of government has to ensure LEP individuals can communicate effectively DEFINITIONS Limited English Proficient LEP individual – Any prospective , potential , or actual recipient of benefits or services from the local unit of government who cannot speak , read , write or understand the English language at a level that permits them to interact effectively with health care providers and social service agencies Vital Documents – These forms include , but are not limited to , applications , consent forms , all compliance plans , bid documents , fair housing information , citizen participation plans , letters containing important information regarding participation in a program ; notices pertaining to the reduction , denial , or termination of services or benefits , the right to appeal such actions , or that require a response from beneficiary notices advising LEP persons of the availability of free language assistance , and other outreach materials Title VI Compliance Officer The person or persons responsible for administering compliance with the Title VI LEP policies Substantial number of LEP 5 or 1,000 people , whichever is smaller , are potential applicants or recipients of the local unit of government and speak a primary language other than English and have limited English proficiency PROCEDURES 1 IDENTIFYING LEP PERSONS AND THEIR LANGUAGE Johnston County will promptly identify the language and communication needs of the LEP person Staff will use a language identification card or “ I speak cards , ” http wwwlepgov resources ISpeakCards2004 pdf and LEP posters to determine the language In addition , when records are kept of past interactions with individuals or family members , the language used to communicate with the LEP person will be included as part of the record 2 OBTAINING A QUALIFIED INTEPRETER List the current name , office telephone number , office address and email address of the Title VI compliance officers Sandy Mills , Finance Operations Support Manager Johnston County Public Utilities Land Use Center 309 E Market Street PO Box 2263 Smithfield , NC 27577 919 - 989 - 5075 Sandymills @ johnstonnccom Check all methods that will be used Maintaining an accurate and current list showing the language , phone number and hours of availability of bilingual staff provide the list Laura Marquez – 989 - 5075 – Land Use Center – 8am - 5pm Monday through Friday , excluding holidays Stephanie Acosta – 989 - 5075 – Land Use Center – 8am - 5pm Monday through Friday , excluding holidays Contacting the appropriate bilingual staff member to interpret , in the event that an interpreter is needed , if an employee who speaks the needed language is available and is qualified to interpret ; Obtaining an outside interpreter if a bilingual staff or staff interpreter is not available or does not speak the needed language Identify the organization s name s with whom you have contracted or made arrangements Have has agreed to provide qualified interpreter services The organization’s or organizations ’ telephone number s is are insert number s , and the hours of availability are insert hours Other describe All staff will be provided notice of this policy and procedure , and staff that may have direct contact with LEP individuals will be trained in effective communication techniques , including the effective use of an interpreter Some LEP persons may prefer or request to use a family member or friend as an interpreter However , family members or friends of the LEP person will not be used as interpreters unless specifically requested by that individual and after the LEP person has understood that an offer of an interpreter at no charge to the person has been made by the facility Such an offer and the response will be documented in the person’s file If the LEP person chooses to use a family member or friend as an interpreter , issues of competency of interpretation , confidentiality , privacy , and conflict of interest should be considered If the family member or friend is not competent or appropriate for any of these reasons , competent interpreter services will be provided to the LEP person Children and other residents will not be used to interpret , in order to ensure confidentiality of information and accurate communication 3 PROVIDING WRITTEN TRANSLATIONS i Johnston County will set benchmarks for translation of vital documents into additional languages please ensure to keep records of those documents that apply to your local unit of government ii When translation of vital documents is needed , Johnston County will submit documents for translation into frequently - encountered languages iii Facilities will provide translation of other written materials , if needed , as well as written notice of the availability of translation , free of charge , for LEP individuals 4 PROVIDING NOTICE TO LEP PERSONS Johnston County will inform LEP persons of the availability of language assistance , free of charge , by providing written notice in languages LEP persons will understand Example The notification will include , in the primary language of thePage63 August 15 , 2022 – 6 00 pm Continued applicant recipient , the following language IMPORTANT IF YOU NEED HELP IN READING THIS , ASK Johnston County Public Utilities FOR AN INTERPRETER TO HELP AN INTERPRETER IS AVAILABLE FREE OF CHARGE All interpreters , translators and other aids needed to comply with this policy shall be provided without cost to the person being served , and individuals and their families will be informed of the availability of such assistance free of charge At a minimum , notices and signs will be posted and provided in intake areas and other points of entry including but not limited to the main lobbies , waiting rooms , etc ? County Courthouse , main lobby ? Johnston County Social Services , main lobby ? Johnston County Land Use Center , main lobby Notifications will also be provided through one or more of the following outreach documents , telephone voice mail menus , local newspapers , radio and television stations , and or community - based organizations Include those that apply to your agency 5 MONITORING LANGUAGE NEEDS AND IMPLEMENTATION On an ongoing basis , Johnston County will assess changes in demographics , types of services or other needs that may require reevaluation of this policy and its procedures In addition , Johnston County will regularly assess the efficacy of these procedures , including but not limited to mechanisms for securing interpreter services , complaints filed by LEP persons , feedback from residents and community organizations , etc I Compliance Procedures , Reporting and Monitoring A Reporting The agency will complete an annual compliance report and send this report to REDD Format will be supplied by REDD B Monitoring The agency will complete a self - monitoring report on a quarterly basis , using a standardized reporting system proposed by the local government These reports will be maintained and stored by the Title VI Compliance Officer and will be provided to the REDD upon request The agency will cooperate , when requested , with special review by the REDD II Applicant Recipient Complaints of Discriminatory Treatment A Complaints The agency will provide assistance to LEP individuals who do not speak or write in English if they indicate that they would like to file a complaint A complaint will be filed in writing , contain the name and address of the person filing it or his her designee and briefly describe the alleged violation of this policy The form can be found at http wwwnccommercecom cd community - investment forms - resources compliance - plans - and - templates The agency will maintain records of any complaints filed , the date of filing , actions taken and resolution The agency will notify the appropriate section within REDD of complaints filed , the date of filing , actions taken and resolution This information will be provided within 30 days of resolution B Resolution of Matter If the matter cannot be resolved by informal means , the individual will be informed of his or her right to appeal further to REDD This notice will be provided in the primary language of the individual with Limited English Proficiency The REDD Compliance Office will conduct an investigation of the allegations of the complaint The investigation will afford all interested persons and their representatives , if any , an opportunity to submit evidence relevant to the complaint The investigation will not exceed 30 days , absent a 15 - day extension for extenuating circumstances If the investigation indicates a failure to comply with the Act , the local unit of government , agency Director or his her designee will so inform the recipient and the matter will be resolved by informal means whenever possible within 60 days If the matter cannot be resolved by informal means , then the individual will be informed of his or her right to appeal further to the Department of Justice This notice will be provided in the primary language of the individual with Limited English Proficiency If not resolved by REDD , then complaint will be forwarded to Department of Justice DOJ , Department of Housing and Urban Development HUD Field Office Local Jobs Initiative Section 3 Plan Local Economic Benefit for Low - and Very Low - Income Persons County of Johnston NC Commerce and any of its sub - recipients December 17 , 2020 to September 17 , 2023 Time Period I APPLICATION AND COVERAGE OF POLICY NC Commerce and any of it sub - recipients are committed to the policy that , to the greatest extent possible , opportunities for training and employment be given to lower income residents of the community development project area and contracts for work in connection with federally assisted community development project be awarded to business concerns located or owned in substantial part by persons residing in the Section 3 covered area , as required by Section 3 of the Housing and Urban Development Act of 1968 , NC Commerce and any of its sub - recipients of the County of Johnston has developed and hereby adopts the following Plan NC Commerce and any of its sub - recipients will comply with all applicable provisions of Section 3 of the Housing and Urban Development Act of 1968 , as amended 24 CRF Part 135 , all regulations issued pursuant thereto by the Secretary of Housing and Urban Development , and all applicable rules and orders of the Department issued thereunder This Section 3 covered project area for the purposes of this grant program shall include NC Commerce and any of its sub - recipients and portions of the immediately adjacent area NC Commerce and any of its sub - recipients will be responsible for implementation and administration of the Section 3 plan In order to implement the NC Commerce and any of its sub - recipient’s policy of encouraging local residents and businesses participation in undertaking community development activities , the NC Commerce and any of its sub - recipients will follow this Section 3 plan which describes the steps to be taken to provide increased opportunities for local residents and businesses This Section 3 Plan shall apply to services needed in connection with the grant including , but not limited to , businesses in the fields of planning , consulting , design , building construction renovation , maintenance and repair , etc When in need of a service , NC Commerce and any of its sub - recipients will identify suppliers , contractors or subcontractors located in the Section 3 area Resources for this identification shall include the Minority Business Directory published throughPagePage pageNumber564 August 15 , 2022 – 6 00 pm Continued the State Department of Commerce , local directories and Small Business Administration local offices Word of mouth recommendation shall also be used as a source The State of North Carolina and any of its sub - recipients will include the Section 3 clause and this plan in all contracts executed under this Community Development Block Grant CDBG Program Where necessary , listings from any agency noted above deemed shall be included as well as sources of subcontractors and suppliers The Section 3 Plan shall be mentioned in the pre - bid meetings and preconstruction meetings The prime contractor selected for major public works facility or public construction work will be required to submit a Section 3 Plan which will outline his her work needs in connection with the project Should a need exist to hire any additional personnel , the Johnston County Employment Security Commission shall be notified and referred to the contractor Each contract for housing rehabilitation under the program , as applicable , for jobs having contracts in excess of 100,000 shall be required to submit a Section 3 Plan This Plan will be maintained on file in the grant office and shall be updated from time to time or as the grant staff may deem necessary Early in our project , prior to any contracting , major purchases or hiring , we will develop a listing of jobs , supplies and contracts likely to be utilized during the project We will then advertise the pertinent information regarding the project including all Section 3 required information Rural Economic Development Division REDD should be contacted with the Bid Materials to distribute the information throughout their list serve to reach out the communities II AFFIRMATIVE ACTIONS FOR RESIDENT AND BUSINESS PARTICIPATION NC Commerce and any of its sub - recipients will take the following steps to assure that low income residents and businesses within the community development project area and within the County City Town are used whenever possible Describe below 1 Develop solicitation lists of qualified residents and businesses for use in this project 2 Assure that residents and businesses are solicited whenever they are potential sources of contracts , services or supplies 3 Divide total requirements , when economically feasible , into smaller tasks or quantities to permit maximum participation by residents and businesses Example Place qualified residents and businesses on solicitation lists , assure that residents and businesses are solicited whenever they are potential sources of contracts , services or supplies ; divide total requirements , when economically feasible , into smaller tasks or quantities to permit maximum participation by residents and businesses ; establish delivery schedule , where the requirements permits , which encourages participation by area for residents and businesses Please check the methods to be used for the Section 3 program in your community NC Commerce and any of its sub - recipients will place a display advertisement in the local newspaper containing the following information i A brief description of the project ii A listing of jobs , contracts and supplies likely to be utilized in carrying out the project iii An acknowledgement that under Section 3 of Housing and Community Development Act , local residents and businesses will be utilized for jobs , contract and supplies in carrying out the project to the greatest extent feasible iv A location where individuals interested in jobs or contracts can register for consideration v A statement that all jobs will be listed through and hiring will be done through the local Johnston County NCWorks agency https wwwncworksgov vosnet Defaultaspx ; a statement that all contracts will be listed with the North Carolina Division of Purchase and Contracts ; and a statement that potential employees and businesses may seek development and training assistance through various state and local agencies , or which the County will maintain a list for individuals and business concerns inquiring information Training and technical assistance will be provided by the local community college for low income residents requiring skills to participate in community development project activities Referrals will be made to the community college , local Private Industry Councils , Job Training Partnership Act 29 USC 1579 a JTPA Programs , and job training programs provided by local community action agencies as appropriate Residents and businesses will be encouraged to participate in state and or federal job training programs that may be offered in the area Low income residents and businesses will be informed and educated regarding employment and procurement opportunities in the following ways i Advertisement in the local newspaper ii Posting of Section 3 Plan at the County Courthouse iii County Board meeting when project activities and schedules are discussed iv Open meetings of Project Advisory Committee when everyone in neighborhood is invited v Notification to other agencies that provide services to low - income people Other describe NC Commerce and any of its sub - recipients will , to the greatest extent feasible , utilize lower income area residents as trainees and employees 1 Encourage rehabilitation contractors to hire local area residents 2 Encourage public works contractors to hire local area residents NC Commerce and any of its sub - recipients will , to the greatest extent feasible , utilize businesses located in or owned in substantial part by persons residing in the area 1 Contract with local contractors to perform demolition activities , and housing rehabilitation activities 2 Encourage public improvement contractors to hire local residents for site clearance work , hauling materials , and performing other site improvements 3 Encourage all contractors to purchase supplies and materials from the local hardware and supply stores III RECORDS AND REPORTS NC Commerce and any of its sub - recipients will maintain such records and accounts and furnish such information and reports as are required under the Section 3 regulations , and permit authorized representatives of State CDBG , and federal agencies access to books , records , and premises for purposes of investigation in connection with a grievance or to ascertain compliance with this Section 3 Plan NC Commerce and any of its sub - recipients shall report annually the Section 3 numbers using the form HUD 60002 to State CDBG at the end of the calendar year as part of the Annual Performance Report APR IV MONITORING COMPLIANCE NC Commerce and any of its sub - recipients may require each applicable contractor to provide a copy of the Section 3 Plan and will monitor compliance during the performance of the contract Copies of all advertisements , notice , and published information will be kept to document the implementation of the plan PagePage pageNumber665 August 15 , 2022 – 6 00 pm Continued V COMPLAINTS CONTACT Please provide the main contact in case that any complaint is received from the general public on Section 3 compliance including name , phone number , address , and email Rick J Hester , County Manager 919 - 989 - 5100 207 E Johnston St , Smithfield , NC 27577 rickhester @ johnstonnccom th Adopted this 15 day of August , 2022 3 Public Comments A Citizen Comments – Joey Marie Joey Marie , Middlesex , spoke on previous comments received from other citizens regarding Commissioner Richard D Braswell and the presumptions of being guilty of a crime Ms Marie stated there is no personal vendetta against Commissioner R Braswell ; however , she is offended by the comments from other citizens labeling certain speakers as “ the mob ” Ms Marie spoke on general statutes that allow members to be suspended pending the outcome of charges and she is concerned that the Board has not published a statement regarding this matter Ms Marie stated the citizens would like a statement as to why Commissioner R Braswell is still serving on the Board and the lack of any response is a concern 4 Register of Deeds – Refund of Excise Tax County Attorney Jennifer Slusser presented a request for refund of overpayment of revenue stamps from Trinity M Henderson with Henderson Law in the amount of 69400 Ms Slusser explained that a General Warranty Deed mistakenly recorded in Johnston County was intended to be recorded in Wayne County , and as a result , Henderson Law’s recording account was charged 69400 for this property Ms Slusser stated this request meets the statutory requirements for refund , and she recommended the Board approve the refund in the amount of 69400 Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board approved the refund to Henderson Law in the amount of 69400 5 Legal Department – Resolution Authorizing the Finance Officer to Approve Refunds of Excise Tax County Attorney Jennifer Slusser reported that on July 7 , 2022 , North Carolina General Statute § 105 - 22837 was amended by Session Law 2022 - 50 to authorize either the County Manager or the County Finance Officer to grant timely filed requests for refunds of overpayment of excise taxes Ms Slusser presented a draft Resolution for the Board to consider that would authorize the Johnston County Finance Officer to approve such requests for Johnston County , upon review and recommendation by the Johnston County Register of Deeds Office She offered to answer any questions Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried unanimously , the Board adopted the following resolution RESOLUTION OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS AUTHORIZING COUNTY FINANCE OFFICER TO GRANT REFUND OF EXCISE TAX PURSUANT TO NORTH CAROLINA GENERAL STATUTE § 105 - 22837 a1 WHEREAS , pursuant to the provisions of North Carolina General Statute § 105 - 22837 , a taxpayer who pays more tax than is due for excise taxes on conveyances under Article 8E of Chapter 105 of the North Carolina General Statutes may request a refund of the overpayment by filing a written request for refund with the board of county commissioners of the county where the tax was paid ; WHEREAS , on July 7 , 2022 , North Carolina General Statute § 105 - 22837 was amended by Session Law 2022 - 50 to authorize either or both of the county manager or the county finance officer to grant a timely filed request for refund of overpayment of excise taxes ; and WHEREAS , the Johnston County Board of Commissioners desires to authorize the Johnston County Finance Officer to grant a timely filed request for a refund of overpayment of excise taxes pursuant to North Carolina General Statute § 105 - 22837 after review and recommendation of the Johnston County Register of Deeds NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Johnston County Board of Commissioners authorizes the Johnston County Finance Officer to grant timely filed requests for refund of overpayment of excise taxes in accordance with North Carolina General Statute § 105 - 22837 after review and recommendation of the Johnston County Register of Deeds th Adopted this the 15 day of August , 2022 PagePage pageNumber766 August 15 , 2022 – 6 00 pm Continued 6 Public Utilities – ECIA US 70 16 ” Force Main – Contract Award and Revised Budget Utilities Director Chandra Farmer , PE , reported the County received bids on July 28 , 2022 for the East Clayton Industrial Area ECIA US 70 16 ” Force Main project She stated the project includes a 16 ” force main from the existing ECIA wastewater pump station to the US 70 BUS US 70 interchange Ms Farmer explained this is the joint project with the Town of Clayton for which the County has a previously approved interlocal agreement and secured EDA Economic Development Administration grant funding on the basis of resiliency and redundancy for wastewater services to the ECIA Ms Farmer stated the Town is the lead applicant with EDA , and their portion of the project includes improvements to the ECIA wastewater pump station and a 24 ” force main to their Neuse River 2 wastewater pump station She stated the County received six 6 bids , as follows Ms Farmer reported TA Loving Company of Goldsboro , NC submitted the lowest responsive bid in the amount of 2,735,50000 and TA Loving is properly licensed and experienced in the type of construction involved She presented the previously approved and proposed project budget , as follows Existing Proposed Expense Technical Design Admin Services 435,00000 435,00000 Easements 124,37500 124,37500 Construction 971,62500 2,735,50000 Contingency 000 136,77500 Total 1,531,00000 3,431,65000 Revenue Economic Development Administration Grant 840,45400 840,45400 Fund 68 Fund Balance 690,54600 2,591,19600 Total 1,531,00000 3,431,65000 Ms Farmer stated funding proposed for the project is the EDA grant through the Town of Clayton and Fund 68 Balance She stated staff respectfully requests the Board to award the ECIA US 70 16 ” Force Main project to TA Loving Company of Goldsboro , NC in the amount of 2,735,50000 , approve the revised project budget , and approve the associated capital project budget ordinance , contingent upon EDA approval She offered to answer any questions Commissioner Ted G Godwin asked if all the necessary easements have been obtained Ms Farmer confirmed the easements have been obtained for this project Chairman RS “ Butch ” Lawter , Jr asked about the expected timeframe for the project Ms Farmer responded that EDA approval is anticipated within the next 60 days and the construction period should be nine to twelve months PagePage pageNumber867 August 15 , 2022 – 6 00 pm Continued Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board awarded the ECIA US 70 16 ” Force Main project to TA Loving Company of Goldsboro , NC in the amount of 2,735,50000 , approved the revised project budget as submitted by staff and adopted the following associated capital project budget ordinance , contingent upon EDA approval CAPITAL PROJECT ORDINANCE FOR THE EAST CLAYTON INDUSTRIAL AREA TRANSMISSION IMPROVEMENTS PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is the East Clayton Industrial Area “ ECIA ” Transmission Improvements Project the “ Project ” , a joint project with the Town of Clayton The County’s portion of the Project consists of a 16 - inch force main along US 70 Business Highway from the existing ECIA wastewater pump station to the US 70 Business US 70 interchange The Project will be financed by a US Department of Commerce Economic Development Administration Grant the “ EDA Grant ” and an appropriation from the County Sewer Fund “ Fund 68 ” Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the EDA grant and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 435,000 Easements 124,375 Construction 2,735,500 Contingency 136,775 Total 3,431,650 Section 4 The following revenues are anticipated to be available to complete this Project EDA Grant 840,454 Fund 68 Appropriation 2,591,196 Total 3,431,650 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the US Department of Commerce Economic Development Administration “ EDA ” and State and federal regulations and the terms of the EDA Grant shall be met Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Reimbursement requests should be made to EDA in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Amended this 15th day of August , 2022 7 Public Utilities – Infrastructure Discussion Chairman RS “ Butch ” Lawter , Jr recalled that at the August 1 , 2022 Board meeting , there was a lengthy discussion about infrastructure as it relates to water and wastewater Chairman Lawter noted he had shared the following points with the Board for discussion I Policy Making A Allocation of Sewer Board Decision 1 Short Term - Residential Sewer Service Area ; Towns 2 Long Term - Industrial Commercial Retail ; Residential - Towns County B Time Frame for Using Allocation II Regionalization – There is a study underway ; towns are working together ; need to add Cape Fear industry to the study III Expand the Wastewater Plant - How IV Buy Nitrogen Credits - How Chairman Lawter stated he also wants to discuss the 20 Year Capital Improvements Plan as well as the development of a Master Plan for Utilities He called on Utilities Director Chandra Farmer to share information with the Board PagePage pageNumber968 August 15 , 2022 – 6 00 pm Continued Utilities Director Chandra Farmer , PE , began by reviewing with the Board Exhibit 2 from the material in the agenda packet that shows the permitted flow at the Central Johnston County Regional Wastewater Treatment Facility CJCRWWTF , paper flow , and actual average daily flows , as follows In response to Chairman Lawter , Ms Farmer explained the “ Executed Contracts Requiring Allocation Reservation ” in Exhibit 2 is for Carolina Water Service for the Winston Point area and was executed approximately 20 years ago Ms Farmer stated the total actual flow , permitted flow , and executed contract commitments are 925 mgd She noted the next expansion of the wastewater system is the construction of the new 210 Wastewater Treatment Plant 210 WWTP which is scheduled for completion in late 2024 and would provide an additional 2 mgd She noted the County is allowed to allocate against that 2 mgd based on the State’s policy ; therefore , 225 mgd is currently available for permitting Ms Farmer reported the County has issued a Request for Qualifications RFQ for design of the next 4 mgd expansion at the new 210 WWTP that would begin in late 2024 once the initial plant construction is completed She noted for the County to expand by 4 mgd , an additional nitrogen allocation would be necessary She stated staff is working with an engineering firm to expand the existing NPDES permit and included in that are recommendations for acquisition of additional nitrogen allocations Ms Farmer stated the system is designed to add additional capacity in 4 mgd increments so as not to move too far ahead and create a situation where existing customers are paying for expansions Upon questions by Commissioner Richard D Braswell , Ms Farmer stated there are plans to begin design for improvements and upgrades to the existing CJCRWWTF ; however , those improvements would not create additional capacity , but rather would allow for operational efficiencies She stated the County would still have 75 mgd at the existing CJCRWWTF She explained the intent is to complete new expansions at the new 210 WWTP and maintain 75 mgd at the CJCRWWTF as long as it is needed , but she noted the adopted 20 Year Capital Improvements Plan CIP calls for the CJCRWWTF to eventually be an equalization and pumping station only Ms Farmer further explained that in selecting the 210 WWTP site at the County’s landfill , this new site is out of harm’s way She reminded the Board that the existing CJCRWWTF was flooded during Hurricane Matthew and even though the dike around the existing facility was raised , staff began to look at other options for the future Ms Farmer stated staff recommends the CJCRWWTF becoming an equalization and pumping station that would not have to be staffed around the clock She stated even with the dike raised , the road into the CJCRWWTF still floods Ms Farmer stated 2 mgd could be added back at the CJCRWWTF , but the intent as planned in the CIP is to invest in the new 210 WWTP site Commissioner Fred J Smith , Jr stated it was his understanding that the new 210 WWTP is being constructed for an initial 4 mgd but that once completed 2 mgd would be lost at the CJCRWWTF Commissioner Smith asked if the 2 mgd could be recouped at the CJCRWWTF to assist until the next expansion at the 210 WWTP is online Page069 August 15 , 2022 – 6 00 pm Continued Commissioner R Braswell asked if there is a point where there could potentially be no wastewater capacity available Ms Farmer responded that is not the intent and the CIP is projecting to stay ahead of demand She explained that capacity allocated in the last 18 - 24 months is different than it was 10 years ago She also noted that part of the CIP relies on projections from the towns to accommodate their needs Ms Farmer noted that 75 of the current capacity is for bulk customers and not retail customers Commissioner Smith asked about the cost to upgrade the existing CJCRWWTF to regain the 2 mgd it would lose once the new 210 WWTP comes online Ms Farmer stated the existing CJCRWWTF is rated at 95 mgd , and it could easily bring back online the 2 mgd ; however , the concern is transmission to the plant She stated additional expenditures would be necessary for transmission Commissioner Smith stated the Board should know that cost in order to determine whether it is advantageous to go this direction Ms Farmer stated based on the adopted CIP with the near term improvements , the County is diverting all of the flow received from the Towns of Pine Level and Selma as well as the western part of the County to the new 210 WWTP site She stated a portion of the flow can still come to the existing CJCRWWTF , but the intent is for all the flow to go to the 210 WWTP Ms Farmer stated in the future , the only flow coming into the CJCRWWTF would be from the Towns of Smithfield and Four Oaks and to continue to operate that plant at 95 mgd , there is no additional cost She clarified that the additional cost would be to obtain enough nitrogen for the additional capacity Commissioner Smith requested information on all the options along with estimated costs so the Board can then decide on which way to go in order to maximize infrastructure for the County At the inquiry of Commissioner Tony Braswell , Ms Farmer stated the goal is 155 mgd of capacity and the additional cost to get there involves purchasing additional nitrogen credits Commissioner Ted G Godwin asked about the cost to purchase nitrogen credits Ms Farmer explained that the cost depends on how the County chooses to purchase the nitrogen credits She stated they could be purchased through a private mitigation bank or from one of the County’s partners within the Neuse River Compliance Association Chairman Lawter stated the Board would like to see all options , including how to maximize the current CJCRWWTF Upon further questions by the Board , Ms Farmer reviewed the following information with the Commissioners Page170 August 15 , 2022 – 6 00 pm ContinuedPage271 August 15 , 2022 – 6 00 pm Continued Chairman Lawter noted that while 135 mgd is currently permitted , there is only enough nitrogen for 115 mgd at the present time written into the permit Ms Farmer stated the additional 2 mgd will be written into the permit in 2024 , but if 2 mgd is brought back online at the CJCRWWTF , then all the nitrogen would be used which is the reason for the current ongoing study to help identify additional sources Ms Farmer stated what she is hearing from the Commissioners is that the Board would like cost estimate information to keep the existing CJCRWWTF rated at 95 mgd and build the new 210 WWTP plant at 4 mgd Commissioner Smith stated the Board wants to have all available options with cost estimates in order to make decisions going forward Vice Chairman Patrick E Harris stated that he recalled the goal was to transition everything to the new 210 WWTP and eventually convert the existing CJCRWWTF to an equalization and pumping station because of flooding concerns He asked if it is faster to invest money in the existing CJCRWWTF , or should the focus be on the new 210 WWTP since that was the intent of the CIP Ms Farmer confirmed that in accordance with the adopted CIP , the intent was to focus on the new 210 WWTP Commissioner Smith reiterated the Board needs to review and discuss all available options Commissioner Smith also spoke on the importance of having a policy where everyone is treated the same regarding sewer permits whether it is for commercial or residential development Ms Farmer reported that when the State issues sewer permits the State has no associated expiration date on that permit ; however , the Board could establish a County policy that sets an expiration date At the inquiry of Commissioner T Braswell , Ms Farmer stated typically an allocation is not rescinded for a permit once the State has issued said permit Chairman Lawter referenced materials provided to the Board for discussion and spoke on the need to establish priorities as it relates to the long - term Chairman Lawter stated the County’s updated Comprehensive Land Use Plan will soon be ready for adoption , and the Board should have policies that match the Land Use Plan He stated the development community needs to know specifically what the rules are and there is a need to update the policies so everyone has a clear understanding Commissioner Smith read an excerpt from the Town of Clayton’s policy as follows “ An allocation will expire if a project has not progressed in construction plan approval , building permit approval or on site construction within twelve months of award of the allocation Upon request by the applicant and at the discretion of the Town Engineer , an allocation may be extended for one twelve month period ” Commissioner Smith stated the policy from Clayton is clear and easy to understand He stated the issue is that the County adopted rules 20 - 30 years ago and there have been many changes since that time The Commissioners agreed that the Board should look at updating or adopting a new policy sooner than later Ms Farmer stated based on the discussion as she understands , a policy is needed to be consistent with the zoning approval associated with the project Ms Farmer stated all of the current planning and projections are based on the Residential Sewer Service Policy RSSP , and if that is changed then the CIP will need to be changed as well She stated the allocation expiration could be handled as a separate issue County Attorney Jennifer Slusser stated pursuant to NCGS 160D , the vested rights section of the County’s ordinance was updated so it is current and consistent with the existing law She stated typically vested rights are two years , which is what is allowed in the County’s current ordinance for development permits Ms Slusser advised that from an ordinance perspective , the County is compliant with the law ; however , if she understands the discussion , staff needs to develop a policy piece to go with the ordinance for vested rights of allocations Ms Slusser further advised that the policy needs to be very specific with regards to the expiration of the permits and she suggested including that in the Residential Sewer Service Policy Vice Chairman Harris stated it appears to him that because the Residential Sewer Service Policy was put into place so many years ago , it has created issues and needs to be updated Page372 August 15 , 2022 – 6 00 pm Continued The Board continued to discuss information provided by Chairman Lawter from the Town of Clayton’s policies for residential and commercial projects as well as suggested red - lined policy information provided by Ms Farmer At the inquiry of Commissioner Smith , Planning Director Braston Newton stated the term “ mixed use ” development is in the current ordinance but not the draft Land Use Plan He noted the Land Use Plan could be amended to include this information Chairman Lawter referenced the priority list stating the short - term would include the current bulk customers , which the County currently does not have a policy in place for staff Chairman Lawter stated he wants to avoid a situation where all the 2 mgd capacity at the new 210 WWTP is allocated before construction is even completed He suggested establishing allocation milestones that could be re - evaluated periodically Chairman Lawter stated the idea is to allow for growth in the towns and development within the Residential Sewer Service Area to continue while making sure not to allocate all the new capacity Commissioner R Braswell spoke on the capacity allocation for the Town of Wilson’s Mills and the need to make sure everyone has a fair deal Chairman Lawter noted the Town of Wilson’s Mills customers are actually retail customers of the County Ms Farmer confirmed that Wilson’s Mills customers are retail customers of the County and the customers within the Town of Wilson’s Mills pay System Development Fees to Johnston County She reminded the Board about the satellite annexation of some parcels by Wilson’s Mills that are not contiguous to the Town limits and the County has stated it will not continue to provide residential sewer services to satellite annexed areas until a new agreement is in place Following discussion regarding allocations for the towns , Commissioner Smith stated there are two questions before the Board ; 1 how much of the new 210 WWTP capacity is the Board willing to allocate for anything ; and 2 how much the Towns receive and how they receive it Commissioner Smith stated regarding the new 210 WWTP , if 2 mgd will be available then he suggested setting aside 1 mgd to be held in reserve He referenced the following information provided by Chairman Lawter from the Town of Clayton’s policy as suggestions to consider ? No more than fifty percent 50 of the total available capacity may be allocated to projects that include solely residential development ? At least thirty percent 30 of the total available capacity shall be reserved for allocation to commercial industrial projects Commissioner R Braswell reiterated the need to look at all options to avoid a situation where the County has no capacity Ms Farmer noted staff will complete a reconciliation of the paper flow versus actual flow in January and more data will be available at that time Chairman Lawter stated in January , staff will have more information from the annual reconciliation which is timely since the Boards strategic planning session is in March He clarified that based on discussions 1 mgd could be set aside and then evaluated again in January Regarding percentages , Chairman Lawter suggested 75 for bulk customers with the question remaining of whether to divide the remaining 25 between industrial , commercial , or County residential He asked Ms Farmer for her thoughts on the 25 Ms Farmer asked how the 25 would be allocated and tracked She asked whether this would be internally or whether staff would come back to the Board for direction on those allocations Commissioner April Stephens spoke on the need to stay in line with the Comprehensive Land Use Plan She stated residential growth is going to occur regardless , but some of the capacity needs to be protected for industries in order to create more jobs At the inquiry of Commissioner Smith , Ms Farmer stated 75 of the actual daily flow is currently the bulk customers Page473 August 15 , 2022 – 6 00 pm Continued Commissioner Stephens asked what prevents the individual towns from creating their own wastewater systems Ms Farmer explained the issue for the towns would be obtaining a discharge permit from the State , which is extremely difficult especially since the State now desires a regional approach Commissioner T Braswell stated what he is hearing from the Towns is that they just want to be treated fairly At the inquiry of Vice Chairman Harris , Ms Farmer stated the County continues to plan and implement projects to stay ahead of future demands ; however , it is important to note that as new agreements are formed with the towns , they must provide their data and growth projections to the County so that information can be incorporated into the CIP Commissioner R Braswell stated the Towns of Smithfield and Selma are already informing developers that they cannot provide sewer service and are turning projects away Ms Farmer responded it is important to remember in these conversations that capacity limitations involve both treatment and transmission The Board continued to discuss capacity issues and the need to make sure that future boards are not discussing these same issues years from now Vice Chairman Harris stated the Board is doing what is needed by having conversations and focusing on this issue moving forward He stated to him , based on the plans that have been provided by Ms Farmer , he has confidence the County is on track to manage the wastewater issue Chairman Lawter stated there is a short - term policy suggested for 1 mgd 50 and leaving the remaining 1 mgd 50 in reserve He questioned whether that remaining 50 should be left for industrial and commercial or just left in reserve and to the Board’s discretion Commissioner Smith agreed with the suggestion by the Chairman , but stated the allocation requests should come to the Board The Commissioners discussed which requests should come before the Board and Ms Farmer asked for clarification Chairman Lawter stated because this is such a precious resource and because this is a transition period , all requests for sewer permits should come before the Board at least in the short - term Ms Slusser stated staff would want to discuss having a system in place that works for the Board and the customers the County serves Commissioner Stephens spoke on the need for the process to be collaborative and transparent At the request of Chairman Lawter , Ms Farmer stated Black & Veatch has been retained to complete the regionalization study and Consultant JD Solomon is managing that project for the County Ms Farmer stated Black & Veatch have met with all the Towns , County staff , and private utilities within the County to gather data and evaluate options She stated it is her understanding that Mr Solomon is reviewing their findings and the information should be provided to the County soon Chairman Lawter asked if 24 mgd is the ultimate build out plan or if staff is looking beyond that capacity Ms Farmer stated 24 mgd is what has been projected for the next 20 years She noted there is additional room on the new 210 WWTP site if the Board wanted to go beyond 24 mgd in the future She stated staff and the County’s consultant have been trying to begin discussions with DEQ regarding 24 mgd Chairman Lawter stated in the conversations with DEQ , if there is any hesitancy from the State regarding the 24 mgd goal , for staff to advise the Board as soon as possible Chairman Lawter also stated as it relates to regionalization for water and wastewater , he wants to make sure other opportunities beyond the County’s bordersPage574 August 15 , 2022 – 6 00 pm Continued are considered Chairman Lawter stated once the updated Comprehensive Land Use Plan is adopted , he would like to begin working on a corresponding Master Plan for Utilities Ms Farmer noted for water , there is a Long Term Water Supply Study ongoing , which includes options other than the Neuse River At the inquiry of Chairman Lawter , Ms Farmer stated the County has a RFQ out right now to expand the Timothy G Broome Water Treatment Plant from 14 to 18 mgd , which would max out that plant site in the short - term Commissioner R Braswell spoke on the importance of having conversations with other counties Chairman Lawter stated there has been some conversations with Harnett and Cumberland Counties as well as the Town of Dunn and thus far , he has seen a spirit of collaboration Chairman Lawter recapped the discussion stating staff has been tasked with providing information to the Board , as follows 1 Wastewater capacity options to include the new and existing plant as well as cost information ; and 2 Suggested revisions to existing policies , to include a potential two year time frame on sewer permit revocations as well as long - term policy adjustments for residential sewer and commercial Commissioner Godwin agreed with Chairman Lawter and noted that regionalization conversations as well as the updated Comprehensive Land Use Plan will have big impacts on the future Chairman Lawter stated as he understands , staff is close to finalizing the new interlocal agreements with the towns that receive bulk wastewater capacity He instructed staff to look towards September as a deadline for having those agreements in place At the inquiry of Commissioner T Braswell , Ms Slusser stated staff is making progress on the interlocal agreements and she has had conversations with the attorney for three of the towns Four Oaks , Pine Level , and Selma Ms Slusser stated there have been productive meetings with the Town of Smithfield and she is comfortable with a September timeframe , which she will communicate to the towns Vice Chairman Harris agreed with Ms Slusser that things appear to be moving at a faster pace on the agreement with the Town of Smithfield th Chairman Lawter stated he feels that September 19 the date of the Board’s mid - month September meeting should be the deadline on having the agreements in place Chairman Lawter thanked Ms Farmer and her staff for the information provided and his fellow Commissioners for the discussion 8 Manager Reports and Comments A Municipal Proposals for Infrastructure Funds Deputy County Manager and Finance Director Chad McLamb reported the County received proposals from seven municipalities for the infrastructure funds set aside by the Board of Commissioners Mr McLamb stated staff is currently reviewing the proposals to make sure they meet the standards set within the Request for Proposals and would provide the information to the Board after that review B Facilities Operations Building Warehouse Space Request for Qualifications Deputy County Manager and Finance Director Chad McLamb stated the County received four responses to the Request for Qualifications for architectural and engineering services for design and construction services for the siting and construction of a new Facilities Operations Building and or Warehouse Space s on property adjacent to the new Detention Center site former Cox Property Mr McLamb stated once staff completes their review of the proposals to ensure they meet the standards within the RFQ , an update will be provided to the Board At the inquiry of Commissioner Tony Braswell , County Attorney Jennifer Slusser stated a Request for Proposals has been issued for removal of the vacant mobile homes and the abandoned house remaining on the former Cox Property She stated following conversations with Sheriff Steve Bizzell and Emergency Services Director Kevin Hubbard , it was determined to be in the surrounding citizens ’ best interest not to have a controlled burn of the abandoned house Ms Slusser stated responses to the RFP are expected later this week Page675 August 15 , 2022 – 6 00 pm Continued 9 Board Reports and Comments Commissioner Fred J Smith , Jr spoke on a matter involving the Board of Education requesting to transfer 8 million in Johnston County Schools current expense funds to their capital outlay fund and expressed concerns that the request had not been formally presented to the Commissioners in a Board meeting Commissioner Smith shared information with the Board from the School of Government and North Carolina General Statutes as it relates to such transfers and he asked Deputy County Manager and Finance Director Chad McLamb to request additional financial information from Johnston County Schools regarding their current expense funds , capital outlay funds , state funds , and fund balance Commissioner Smith stressed that any requests from Johnston County Schools regarding the transfer of funds should come before the Board of Commissioners for discussion and consideration in a regular open session meeting Vice Chairman Patrick E Harris recalled that the Board of Commissioners did not allocate any capital outlay funding for Johnston County Schools in the Fiscal Year 2022 - 2023 budget , which is the reason Johnston County Schools is now requesting the 8 million transfer from current expense to capital outlay Vice Chairman Harris stated by approving the transfer it would allow Johnston County Schools to do some capital projects while decreasing their fund balance to a more reasonable level Vice Chairman Harris noted that Mr McLamb would be requesting a list of projects for which Johnston County Schools plans to use the funding The Board discussed the matter further and Mr McLamb stated he would be speaking with Johnston County Schools Superintendent Dr Eric Bracy this week and would request the information Chairman RS “ Butch ” Lawter , Jr commented that hopefully by starting the budget process earlier in the year , perhaps as early as March , it would help with some of these situations Commissioner April Stephens stated the North Carolina Association of County Commissioners Conference was a great experience and she learned many things she planned to share with the Board at future meetings Commissioner Tony Braswell stated he would be presenting the Order of the Long Leaf Pine to retired Fire Marshal Adam Stanley on Thursday of this week at 6 00 pm at Johnston Community College Commissioner Braswell also commented on the earlier discussion regarding a transfer of funds for Johnston County Schools and stated that Johnston County Schools Finance Officer Stephen Britt has been very transparent Commissioner Ted G Godwin stated he also attended the North Carolina Association of County Commissioners Conference and received some very good information from the sessions Commissioner Godwin noted that he will be out of town and unable to attend the Board’s September 6 , 2022 meetings He also spoke on an initiative called Operation Greenlight in support of Veterans and stated he would be working with the County Attorney and the Clerk to the Board to draft a resolution for the Board to consider for this initiative Commissioner Richard D Braswell expressed his appreciation to his fellow Commissioners for the discussion on water and wastewater during the meeting Chairman RS “ Butch ” Lawter , Jr reported in the recent monthly magazine from the North Carolina nd Association of County Commissioners , Johnston County ranks 42 in broadband access Chairman Lawter nd stated although 42 is not a good ranking to have on this issue , he looks forward to upcoming news from the State as it pertains to broadband expansion grant awards Chairman Lawter stated once the Board adopts the updated Comprehensive Land Use Plan he would like to begin looking at a master plan for Public Utilities Chairman