September 3, 2019 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 1 Meeting of the Johnston County Board of Commissioners September 3 , 2019 10 00 am The Johnston County Board of Commissioners met in regular session Tuesday , September 3 , 2019 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent Commissioner Larry Wood Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 10 00 am Commissioner Butch Lawter opened the meeting with a prayer VFW Post 5886 Smithfield led those in attendance in the Pledge of Allegiance to the American Flag Chairman Godwin noted that Commissioner Larry Wood was absent for work due the approaching Hurricane Dorian 1 Approval Discussion of Agenda Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Butch Lawter , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – August 5 , 2019 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 Ocracoke Island Way , Topsail Island Drive , Harkers Island Drive , Brunswick Island Court , Portsmouth Island Drive , and Bald Head Island Drive – Island Creek – Cleveland Township Scarlet Oak Run , Spanish Oak Way , Sawtooth Oak Trail , and Leather Oak Trail – Oakwood Subdivision – Cleveland Township C Proclamation for National Recovery Month adopted as follows PROCLAMATION National Recovery Month September 2019 WHEREAS , behavioral health is an essential part of health and one’s overall wellness ; and WHEREAS , prevention of mental and or substance use disorders works , treatment is effective , and people recover in our area and around the nation ; and WHEREAS , preventing and overcoming mental and or substance use disorders is essential to achieving healthy lifestyles , both physically and emotionally ; and WHEREAS , we must encourage relatives and friends of people with mental and or substance use disorders to implement preventive measures , recognize the signs of a problem , and guide those in need to appropriate treatment and recovery support services ; and WHEREAS , an estimated 36,000 people in Johnston County are affected by these conditions ; andPage2 September 3 , 2019 – 10 00 am Continued WHEREAS , to help more people achieve and sustain long - term recovery , the US Department of Health and Human Services HHS , the Substance Abuse and Mental Health Services Administration SAMHSA , the White House Office of National Drug Control Policy ONDCP , and Johnston County Substance Use Collaborative invite all residents of Johnston County to participate in National Recovery Month NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim September 2019 as National Recovery Month in Johnston County and calls upon the citizens of Johnston County to observe this month with appropriate programs , activities , and ceremonies to support this year’s Recovery Month rd Adopted this 3 day of September , 2019 D Proclamation – 2019 Fall Litter Sweep – September 14 - 28 , 2019 adopted as follows PROCLAMATION FALL LITTER SWEEP 2019 WHEREAS , the North Carolina Department of Transportation organizes an annual fall statewide roadside cleanup to ensure clean and beautiful roads in North Carolina ; and WHEREAS , the FALL LITTER SWEEP roadside cleanup encourages local governments and communities , civic and professional groups , businesses , churches , schools , families and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups ; and WHEREAS , Adopt - A - Highway volunteers , Department of Transportation employees , Department of Public Safety – Division of Adult Correction inmates , community service workers , local government agencies , community leaders , civic and community organizations , businesses , churches , schools , and environmentally concerned citizens conduct annual local cleanups during FALL LITTER SWEEP and may receive certificates of appreciation for their participation ; and WHEREAS , the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians , attracting tourists and aiding in recruiting new industries ; and WHEREAS , the cleanup will increase awareness of the need for cleaner roadsides , emphasize the importance of not littering , and encourage recycling of solid wastes ; and st WHEREAS , the 2019 FALL LITTER SWEEP will celebrate the 31 Anniversary of the North Carolina Adopt - A - Highway program and its many volunteer groups that donate their labor and time year round to keep our roadsides clean ; and WHEREAS , the FALL LITTER SWEEP cleanup will be a part of educating the children of this great State regarding the importance of a clean environment to the quality of life in Johnston County and North Carolina ; and NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim September 14 through September 28 , 2019 as FALL LITTER SWEEP time in Johnston County , and encourages all citizens to take an active role in making their communities cleaner rd Adopted this the 3 day of September , 2019 E Proclamation – Child Passenger Safety Week and National Seat Check Saturday adopted as follows CHILD PASSENGER SAFETY WEEK 2019 PROCLAMATION WHEREAS , Children are our country’s most precious resource As parents and caregivers it is our responsibility to keep America’s children safe Every year , thousands of children are tragically injured or killed in motor vehicle traffic crashes For children age 3 and older , it is the leading cause of death It is hard to overstate the toll this takes on families Together we can put an end to this WHEREAS , Today , all 50 States , the District of Columbia , and our Territories have laws requiring the use of child safety seats and seat belts for children traveling in motor vehicles These laws were enacted because of the tremendous safety benefits they provide We know that child safety seats help save lives and reduce injuries We also know that they are most effective when installed and used correctly Sadly , nearly 3 out of 4 child safety seats are not used properly Starting now , working together , we must join forces to prevent these deaths and injuries WHEREAS , Johnston County is committed to working closely with our partners and safety advocates to help reduce the number of young lives lost on our roadways Our goal is to educate parents and caregivers on how to properly install and use child safety seats During Child Passenger Safety Week , there will be hundreds of free child safety seat inspection stations set up across the country We encourage all parents and caregivers to take advantage of this service and ensure that their children are getting the very best protection To locate an inspection station or check up event in your area , please go to wwwbuckleupncorg NOW THEREFORE , We , the Johnston County Board of Commissioners , do hereby proclaim September 15 through September 21 , 2019 , as Child Passenger Safety Week and September 21 , 2019 , as National Seat CheckPage3 September 3 , 2019 – 10 00 am Continued Saturday We urge everyone to help reduce injuries and the tragic loss of life by buckling up themselves and every child on every trip , every time rd Adopted this the 3 day of September , 2019 F Animal Cruelty Officers Reappointment Request The Board reappointed Roger Davis and Chad Massengill as the Animal Cruelty Officers to serve Johnston County for one year terms G Approval of Amended County Audit Contract The Board approved an amended audit contract with Thompson , Price , Scott , Adams & Co , PA to account for additional testing requirements related to Medicaid H Tax Releases & Refunds – 07 15 2019 – 08 15 2019 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2018 1907 - 649048 1906 - 671605 CLINARD , JAMIE SUE Overpayment 13860 2018 1908 - 649050 1907 - 671607 ROSS , VICTOR EMANUEL Overpayment 17833 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 7 19 2019 4 49 24 PM ALassiter 2019 - 113814 2000213378 GOMEZ , JESUS MARTINEZ 35670 7 19 2019 4 59 17 PM ALassiter 2019 - 36701 2000065632 GENES BACKHOE SVC INC 35907 7 22 2019 9 02 53 AM cfutch 2018 - 36087 2000147230 GANIYU , ADE & KUBURAT 44933 7 30 2019 8 45 42 AM cfutch 2015 - 202381 2000181544 RYDER TRUCK RENTAL LTD 1,15692 7 30 2019 1 14 36 PM dwoodward2 2019 - 69453 2000204097 NARRON , AUDREY M 61875 7 30 2019 1 16 03 PM dwoodward2 2019 - 203976 2000204097 NARRON , AUDREY M 48694 7 30 2019 1 17 26 PM dwoodward2 2019 - 203975 2000112066 NARRON , RUBY BUNN LIFE ESTATE 48694 7 30 2019 1 18 41 PM dwoodward2 2019 - 203974 2000112066 NARRON , RUBY BUNN LIFE ESTATE 48694 7 31 2019 9 04 15 AM dwoodward2 2019 - 90724 2000209208 SPIVEY , RALPH 63649 7 31 2019 10 44 06 AM ALassiter 2019 - 113814 2000213378 GOMEZ , JESUS MARTINEZ - 35670 7 31 2019 10 49 49 AM ALassiter 2019 - 113814 2000213378 GOMEZ , JESUS MARTINEZ 35670 7 31 2019 4 34 03 PM dwoodward2 2019 - 49498 2000213426 JOHNSON , CLINTON DALE 76360 8 1 2019 8 10 28 AM ALassiter 2019 - 43041 2000084911 HERNANDEZ , LUIS 15506 8 1 2019 11 54 41 AM dwoodward2 2019 - 78411 2000217184 PRICE , AMARIS 94164 8 6 2019 8 29 58 AM ALassiter 2019 - 76170 2000177155 PERRY , DAVID W 10580 8 6 2019 8 33 36 AM ALassiter 2019 - 57739 2000215316 LEE , ANNIE LOU 1,35528 8 6 2019 1 17 08 PM ALassiter 2019 - 15901 646 BULLOCK BROS EQPT CO INC 19,83062 8 6 2019 2 56 20 PM ALassiter 2019 - 108821 2000203899 RAYNOR SHINE AUTO WORKS INC 17723 8 8 2019 10 12 03 AM ALassiter 2019 - 91017 2000170848 STANLEY , BRYAN 52117 8 8 2019 1 47 10 PM ALassiter 2019 - 32870 2000188426 EVENT MANAGEMENT GROUP LLC 41528 8 9 2019 11 15 27 AM cfutch 2019 - 58946 2000210492 LEWIS , ERMA W 11249 8 12 2019 9 26 11 AM ALassiter 2019 - 20639 2000091240 CHEP USA 1,23420 8 12 2019 9 41 12 AM dwoodward2 2019 - 29680 2000189736 DRIVER , STEPHEN VERNON 2,30385 8 12 2019 9 57 05 AM ALassiter 2019 - 20641 2000091240 CHEP USA 47062 8 12 2019 10 03 18 AM dwoodward2 2019 - 28776 2000189736 DRIVER , STEPHEN VERNON 25009 8 12 2019 1 23 32 PM dwoodward2 2019 - 28775 2000189736 DRIVER , STEPHEN VERNON 16366 8 12 2019 1 27 29 PM dwoodward2 2019 - 67709 2000217452 MOORE , JAMES STEVEN 36670 8 12 2019 1 34 33 PM dwoodward2 2019 - 107729 2000191945 WOZNIAK , JOHN III 43146 8 12 2019 3 20 38 PM ALassiter 2019 - 23265 2000193881 CORBETT , MICHAEL BRANDON 22120 8 12 2019 4 35 47 PM ALassiter 2019 - 26967 2000081679 DAVIS , BOBBY GLEN 22653 8 13 2019 8 49 24 AM ALassiter 2019 - 20418 2000173435 CHAR - GRILL CLAYTON LLC 2,91566 8 13 2019 11 49 44 AM ALassiter 2019 - 82306 2000192216 RIGGINS , RONALD W JR 54040 8 13 2019 11 57 28 AM ALassiter 2019 - 89512 2000146252 SODEXO OPERATIONS LLC 34838Page4 September 3 , 2019 – 10 00 am Continued 8 13 2019 12 05 58 PM ALassiter 2019 - 113849 2000213462 NEWHARD , SUSAN 10625 8 13 2019 12 23 03 PM ALassiter 2019 - 115018 2000130086 LINDER INDUSTRIAL 1,44554 8 13 2019 2 22 48 PM ALassiter 2019 - 59740 2000130086 LINDER INDUSTRIAL 60429 8 13 2019 3 26 14 PM ALassiter 2019 - 13366 2000148302 BROADWELL , AMBERLY GREY 23381 8 14 2019 8 29 48 AM ALassiter 2019 - 100778 2000154736 WATERS , MATTHEW 10359 8 14 2019 8 59 49 AM ALassiter 2019 - 74058 2000182824 PARRISH , GINGER SUE 1,50921 8 14 2019 9 33 20 AM ALassiter 2019 - 18880 2000044194 CARROLLS PLANT CTR INC 19969 8 14 2019 10 00 09 AM ALassiter 2019 - 34721 2000199720 FOREST BRUSH MANAGEMENT INC 60538 8 15 2019 9 15 25 AM dwoodward2 2019 - 58543 2000164542 LEGACY CUSTOM HOMES INC 24106 8 15 2019 9 34 19 AM ALassiter 2019 - 309 2000064947 95 & 95 INC 2,42830 8 15 2019 9 38 55 AM cfutch 2016 - 17637 2000044194 CARROLLS PLANT CTR INC 20450 8 15 2019 9 42 34 AM cfutch 2017 - 23457 2000044194 CARROLLS PLANT CTR INC 20450 8 15 2019 9 46 03 AM cfutch 2018 - 18880 2000044194 CARROLLS PLANT CTR INC 20450 8 15 2019 10 04 27 AM ALassiter 2019 - 115527 2000211008 PRAXAIR DISTRIBUTION INC 53581 8 15 2019 10 06 32 AM ALassiter 2019 - 115528 2000211008 PRAXAIR DISTRIBUTION INC 19269 8 15 2019 10 11 11 AM ALassiter 2019 - 114343 2000214440 LOPEZ , SANDRA GARCIA 28221 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 7 16 2019 10 48 58 AM jmorrow 2019 - 31521 2000199810 ESPINOZA , CARLOS R 14250 7 22 2019 9 04 59 AM cfutch 2018 - 36087 2000147230 GANIYU , ADE & KUBURAT 51679 7 22 2019 1 51 19 PM ajsoutherland 2019 - 44399 2000204624 GLOVER , SHAWN LEE 1,95160 7 26 2019 11 27 16 AM ajsoutherland 2019 - 20040 2000055939 CLARK , SHELBY 1,43631 7 26 2019 1 07 14 PM ajsoutherland 2018 - 93853 2000060504 SUTTERFIELD , GEORGE C 15624 7 29 2019 11 23 31 AM ajsoutherland 2019 - 20002 2000135122 CLARK , LARRY 17983 7 29 2019 2 05 36 PM ajsoutherland 2018 - 37353 2000153200 GLOBAL WIRELESS TECH LLC 42642 7 29 2019 2 11 35 PM ajsoutherland 2018 - 27711 2000093137 DEBNAM , BASIL C 88494 7 30 2019 8 46 04 AM cfutch 2015 - 202381 2000181544 RYDER TRUCK RENTAL INC 1,15692 7 30 2019 10 33 13 AM ajsoutherland 2019 - 104553 2000161674 WILLIAMS , BARRY L 31835 8 5 2019 11 34 02 AM jmorrow 2019 - 32585 2000059957 FELTY , KERRY W 48574 8 8 2019 2 17 12 PM LOCKBOX 2019 - 32870 2000188426 EVENT MANAGEMENT GROUP 41528 LLC 8 12 2019 12 11 40 PM jmorrow 2019 - 72937 2000160139 PALYS , VERONICA D 1,90869 8 12 2019 2 43 56 PM LOCKBOX 2019 - 19099 2000197098 WJH LLC 1,52448 8 12 2019 2 43 56 PM LOCKBOX 2019 - 19097 2000197098 WJH LLC 48400 8 12 2019 2 43 56 PM LOCKBOX 2019 - 19114 2000197098 WJH LLC 48400 8 12 2019 2 43 56 PM LOCKBOX 2019 - 58844 2000197098 WJH LLC 37520 8 12 2019 2 43 56 PM LOCKBOX 2019 - 58842 2000197098 WJH LLC 37520 8 15 2019 9 39 26 AM cfutch 2016 - 17637 2000044194 CARROLLS PLANT CTR INC 20450 8 15 2019 9 43 08 AM cfutch 2017 - 23457 2000044194 CARROLLS PLANT CTR INC 20450 8 15 2019 9 46 24 AM cfutch 2018 - 18880 2000044194 CARROLLS PLANT CTR INC 20450 8 15 2019 12 23 22 PM jmorrow 2019 - 38576 2000085212 GRACIA , JOSE M 1,32640 North Carolina Vehicle Tax System - Pending Refund Report – July 2019 100 + Payee Name Bill # Transaction Refund Total # Reason Change JACKSON , 0047159200 109514108 Military 24141 RAHSAAN 13928 HAMIL 38069 JOHNSON , 0048808616 218170912 Situs error 000 CHRISTIE 10444 ANNE 1283 3482 12643PagePage pageNumber55 September 3 , 2019 – 10 00 am Continued KEVIN 0045990636 219282740 Situs error 000 CREECH 21091 ROOFING 2960 LLC 7030 25161 MATTHEWS , 0048800553 109514274 Adjustment 10663 JAMES 842 DANIEL 11505 MATTHEWS , 0048741127 109241124 Adjustment 10943 JOHNNY 842 LEE 11785 ROBERTS , 0047995604 220685352 Situs error 000 BURTON 12702 SAULS 1337 4234 15599 August 22 , 2019 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 07 15 19 to 08 15 19 Tax refunds - Personal Real Property 72987 Tax releases - Personal Real Property 2,15810 Motor Vehicle Release Refunds 15793 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 Public Comments A Hurricane Dorian Update Emergency Services Director Kevin Hubbard and 911 - Communications Director Jason Barbour updated the Board with regards to preparation activities in advance of Hurricane Dorian Mr Hubbard stated staff has been monitoring the storm and will begin meeting later in the day to discuss the possibility of shelters He noted that North Johnston Middle School may be opened as a shelter for county citizens Mr Hubbard also reported the State has contacted the County about the possibility of opening a shelter for coastal evacuees Mr Barbour stated 911 is in preparation mode and stands ready to assist when needed The Board thanked Mr Hubbard and Mr Barbour for the update 4 Emergency Services – Resolution for Firefighters Week in Johnston County Johnston County Fire Marshal Adam Stanley presented a resolution to the Board and requested its adoption declaring the week of September 8 - 14 , 2019 as Firefighters Week in Johnston County Mr Stanley th stated next week will mark the 18 anniversary of 911 , and he spoke on the number of firefighters and first responders that lost their lives that day and noted many of them are still losing their lives battling health problems from the attack At the request of Mr Stanley , the firefighters and first responders in the audience stood to be recognized Commissioner Patrick E Harris moved the Board adopt the resolution declaring the week of September 8 - 14 , 2019 as Firefighters Week in Johnston County Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION PROCLAIMING FIREFIGHTERS WEEK IN JOHNSTON COUNTY Whereas , fighting fires is one of the most hazardous professions requiring physical strength , stamina , extensive training , courage , and selfless concern for the welfare of others ; andPagePage pageNumber66 September 3 , 2019 – 10 00 am Continued Whereas , firefighters provide valuable services to the citizens of Johnston County , their communities , and the County ; and Whereas , firefighters make sacrifices to protect the lives and financial interests of the citizens of Johnston County ; and Whereas , firefighters respond to emergencies without hesitation when the call of duty arises ; and Whereas , firefighters work with public safety officials and law enforcement officers to protect the integrity of crime scenes , which is necessary to resolve arson cases ; and Whereas , firefighters reside in the community in which they serve and have a great appreciation for protecting their communities ; and Whereas , it is appropriate to recognize the duties and services that firefighters perform by observing Firefighters Week in Johnston County Now Therefore Be It Resolved by the Johnston County Board of Commissioners that all firefighters deserve to be honored for the invaluable service they provide to the County , its citizens , and communities The Board of Commissioners encourages the citizens of Johnston County to observe the week of September 8 - 14 , 2019 as Firefighters Week in Johnston County rd Adopted this the 3 day of September 2019 5 Emergency Services – Surplus of Ambulances Emergency Services Deputy Director Josh Holloman reported the County owns the following two ambulances which are operated by contract service agencies and have been taken out of service 50 - 210 EMS Fleet # 130 Asset # 14191 2007 GMC Ambulance 190,044 miles ; no longer dependable and well past service life VIN # 1GDJG316371218888 Four Oaks EMS Fleet # 133 Asset # 14194 2009 Ford Ambulance 165,821 miles ; major oil leak and bad air conditioner compressor VIN # 1FDXE45P79DA24861 Mr Holloman stated staff recommends these ambulances be donated to 50 & 210 Emergency Medical Services , Inc and Four Oaks Rescue Squad , Inc , the respective contract service agencies Mr Holloman reported these ambulances were part of the fleet assigned to the contract service agencies and are no longer in service due to condition He stated by donating them to the contract service agencies , the agencies can then use them to replace equipment necessary to provide emergency services to Johnston County Mr Holloman requested the Board to adopt resolutions declaring the ambulances surplus and donating them to the respective contract agencies Commissioner Chad M Stewart moved the Board adopt the following two resolutions declaring the ambulances surplus and donating them to the respective contract agencies Commissioner Patrick E Harris seconded the motion which carried by unanimous vote Resolution Approving Conveyance of Personal Property to A Nonprofit Organization Pursuant to GS 160A - 278 WHEREAS , the County of Johnston “ County ” owns a 2007 GMC Ambulance , VIN # 1GDJG316371218888 , Fleet # 130 Asset # 14191 which was utilized by 50 & 210 Emergency Medical Services , Inc for the provision of emergency medical services within Johnston County ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to a nonprofit corporation if the governing board deems the property to be surplus , obsolete , or unused ; andPagePage pageNumber77 September 3 , 2019 – 10 00 am Continued WHEREAS , the County of Johnston has determined that the personal property described above is surplus , obsolete , or unused ; and WHEREAS , the County of Johnston finds that the public will benefit from the conveyance of the property described above by assisting the nonprofit with the replacement of equipment necessary to provide emergency services to Johnston County citizens THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS RESOLVES THAT 1 The manager and or finance officer of Johnston County is authorized to execute all documents necessary to convey title to a 2007 GMC Ambulance , VIN # 1GDJG316371218888 , Fleet # 130 Asset # 14191 to 50 & 210 Emergency Medical Services , Inc 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by assisting 50 & 210 Emergency Medical Services , Inc with the replacement of equipment necessary to provide emergency services to Johnston County 3 In accordance with the notice requirements of NCGS § 160A - 280 , public notice of this resolution was given by posting on the county’s website on August 12 , 2019 rd Adopted this the 3 day of September , 2019 Resolution Approving Conveyance of Personal Property to A Nonprofit Organization Pursuant to GS 160A - 278 WHEREAS , the County of Johnston “ County ” owns a 2009 Ford Ambulance , VIN # 1FDXE45P79DA24861 , Fleet # 133 Asset # 14194 which was utilized by Four Oaks Rescue Squad , Inc for the provision of emergency medical services within Johnston County ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to a nonprofit corporation if the governing board deems the property to be surplus , obsolete , or unused ; and WHEREAS , the County of Johnston has determined that the personal property described above is surplus , obsolete , or unused ; and WHEREAS , the County of Johnston finds that the public will benefit from the conveyance of the property described above by assisting the nonprofit with the replacement of equipment necessary to provide emergency services to Johnston County citizens THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS RESOLVES THAT 1 The manager and or finance officer of Johnston County is authorized to execute all documents necessary to convey title to a 2009 Ford Ambulance , VIN # 1FDXE45P79DA24861 , Fleet # 133 Asset # 14194 to Four Oaks Rescue Squad , Inc 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by assisting Four Oaks Rescue Squad , Inc with the replacement of equipment necessary to provide emergency services to Johnston County 3 In accordance with the notice requirements of NCGS § 160A - 280 , public notice of this resolution was given by posting on the county’s website on August 12 , 2019 rd Adopted this the 3 day of September , 2019 6 Archer Lodge Fire Department – Request for Tax Exempt Loan Status Archer Lodge Fire Chief Phillip Driver requested the Board to adopt a resolution approving tax exempt loan status so they can borrow up to 419,51500 from KS Bank for the purchase of a 2019 Pierce Pumper Fire Truck at an interest rate of 264 with a 10 year term Chief Driver offered to answer any questions Commissioner Patrick E Harris moved the Board adopt the following resolution approving tax exempt loan status for the Archer Lodge Fire Department Commissioner Butch Lawter seconded the motion which carried unanimously NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Archer Lodge Volunteer Fire Department , Inc the “ FD ” , from KS Bank in an amount up to 419,51500 for the purchase of a 2019 Pierce Pumper Fire Truck RESOLVED , FURTHER , that the approval of the loan to the FD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the FD because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , asPagePage pageNumber88 September 3 , 2019 – 10 00 am Continued amended , and such approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt Duly certified by the execution hereof and the placement hereon of the seal of said rd county , this 3 day of September , 2019 7 Moseley Architects – Detention Center Update and Next Phase Authorization Dan Mace with Moseley Architects presented the following update to the Board for the Detention Center Project Mr Mace stated the design development phase for the engineering and architectural details is complete and they would like to request the Board’s permission to proceed with the third phase of design , which involves the construction documents PagePage pageNumber99 September 3 , 2019 – 10 00 am ContinuedPage010 September 3 , 2019 – 10 00 am Continued Upon questions by Commissioners Tony Braswell and Butch Lawter , Mr Chad Simmons with McGill Associates , reviewed the required traffic improvements as well as footing foundation information Page111 September 3 , 2019 – 10 00 am Continued Mr Mace reviewed the following updated cost estimate with the Board He noted the estimate has increased and he explained that they felt the need to increase the construction contingency amount due to the current volatile nature of the construction market Mr Mace stated once the construction document phase is complete , a final cost estimate will be produced which should lower the contingencies given where the market is at that point in time At the inquiry of County Manager Rick Hester , Mr Mace stated they recommend the County bid the project out to prequalified bidders Mr Mace stated it is important to have contractors that are experienced in this type of complex construction Upon a question by Commissioner Braswell , Mr Hester stated the County has been paying for design services all along and to date , approximately 1 million has been spent Mr Hester stated once financing is obtained for the entire project , the County can choose to reimburse itself or borrow less money at that time if the Board prefers Mr Mace concluded his presentation by reviewing the design schedule with the Board and offered to answer any further questions Mr Hester recognized Mr Durwood Stephenson in the audience who was present on behalf of Jimmy Boykin , the County’s consultant for project management services Mr Stephenson stated the presentation by Mr Mace was good and based on Mr Boykin’s notes and instructions he thinks everything is going fine so far Page212 September 3 , 2019 – 10 00 am Continued Mr Hester recommended the Board authorize Moseley Architects to proceed with the next phase of the project Commissioner Butch Lawter moved the Board authorize Moseley Architects to proceed with the third phase of design for construction documents Commissioner Chad M Stewart seconded the motion , which carried unanimously 8 JCATS – Request County Match for Community Transportation Program Grant Funds Neal Davis , Executive Director for Community & Senior Services JCATS , addressed the Board and recognized the Community & Senior Services Board of Directors Vice Chair Steve Strickland and Secretary Treasurer Bill Wenzel in the audience Mr Davis presented a request to the Board to approve a match in the amount of 113,157 for the North Carolina Department of Transportation Community Transportation Program grant for Fiscal Year 2020 - 2021 The total grant from the NC DOT is 902,583 and is the primary administrative and capital grant with which JCATS operates The grant consists of the following 1 Current services provided by JCATS 2 Federal State Certifications and Assurances that the system is meeting all regulatory requirements 3 457,949 Administrative expense request - 229,321 JCATS administrative staff - 228,628 other administrative expenses ie utilities , vehicle insurance , computer support , etc - Local match of 68,693 15 included in above 4 444,634 Capital budget request - 423,000 - 6 replacement vehicles - 14,904 - 6 Harris Phase II 2 - way radios - 6,730 for other capital expenses ie vehicle lettering , software , etc - Local match of 44,464 10 included in above Mr Davis asked for the Board to approve the match in the amount of 113,157 for the Fiscal Year 2020 - 2021 Community Transportation Grant and offered to answer any questions Commissioner Tony Braswell moved the Board approve the matching requirement for the NC DOT Community Transportation Program grant for FY 2020 - 2021 for JCATS in the amount of 113,157 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote 9 JCATS – Request for Funds – Operations & Maintenance Facility Neal Davis , Executive Director for Community & Senior Services JCATS , provided the Board with a brief history and background of the services offered by JCATS He stated currently , JCATS operates a fleet of 31 vehicles and provides over 90,000 trips annually Mr Davis reported by 2046 , JCATS is projected to require 51 vehicles and employ 66 people at their current site Mr Davis also noted that JCATS will be expected to meet a growing demand for scheduled fix - route public transportation in the future Mr Davis stated JCATS has already outgrown their current facility ; however , thanks to the foresight of their Board of Directors , they own enough land at the current site to expand He stated the current site is ideally located near important traffic corridors Mr Davis shared with the Board their proposed plans for a new facility and stated they estimate the cost to construct the new facility is approximately 3 million Mr Davis noted the new facility would allow them to meet their 30 - year projected increase in annual trips , fleet vehicles , and employees He stated the new facility could also serve as an emergency evacuation shelter and staging area for emergency response and recovery teams Mr Davis spoke on how JCATS has been utilized during times of emergency by providing transportation for evacuees at a moment’s notice Mr Davis stated JCATS respectfully requests the Board of Commissioners to consider allocating 15 million for Fiscal Year 2021 which will be used as a 50 match towards the total project cost He noted the remaining 15 million would be provided by JCATS Mr Davis reported JCATS has been setting aside funds for the last several years as well as they have made some changes to their funding model , which has allowed them to accumulate funding to be used towards an expanded facility He noted once the facility construction is complete , they would then use those additional funds to cover operating expenses At the inquiry of Chairman Ted G Godwin , Mr Davis reported they have applied for grant funding through various sources ; however , they have been unable to secure any grant funds to date He outlined the various grants that they have applied for and noted they will continue to seek funding opportunities Page313 September 3 , 2019 – 10 00 am Continued Commissioner Tony Braswell suggested JCATS check with Homeland Security for possible grant funds since the facility could be utilized as a shelter during times of emergency Chairman Godwin thanked Mr Davis for the information and the service that JCATS provides Chairman Godwin stated the Board would take the request under advisement 10 Solid Waste Services – Purchase of Hydraulic Excavator Solid Waste Services Director Rick Proctor requested the Board’s approval to purchase a new hydraulic excavator to be used at the Landfill Mr Proctor stated staff proposes to purchase a Volvo EC300EL Hydraulic Excavator from Ascendum Machinery of Greenville , NC through Sourcewell Contract # 032515 - VCE The contract price for the excavator is 204,48500 and staff recommends the purchase Mr Proctor reported funding was included in the Fiscal Year 2019 - 2020 budget Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the purchase of a Volvo EC300EL Hydraulic Excavator from Ascendum Machinery of Greenville , NC through Sourcewell Contract # 032515 - VCE at the contract price of 204,48500 plus tax 11 Solid Waste Services – Purchase of Articulated Hauler Solid Waste Services Director Rick Proctor requested the Board’s approval to purchase a new articulated hauler to be used at the Landfill He stated staff proposes to purchase a Volvo A30G Articulated Hauler from Ascendum Machinery of Greenville , NC through Sourcewell Contract # 032515 - VCE The contract price for the hauler is 411,19200 and staff recommends the purchase Mr Proctor stated funding was included in the Fiscal Year 2019 - 2020 budget Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved the purchase of a Volvo A30G Articulated Hauler from Ascendum Machinery of Greenville , NC through Sourcewell Contract # 032515 - VCE at the contract price of 411,19200 plus tax 12 Public Utilities – America’s Water Infrastructure Act Risk and Resiliency Assessment and Emergency Response Plan Utilities Director Chandra Farmer , PE , explained that the America’s Water Infrastructure Act of 2018 was signed into law on October 23 , 2018 Ms Farmer reported this Federal Rule requires drinking water systems serving more than 3,300 people to develop or update risk assessments and emergency response plans For systems serving a population greater than 100,000 , the Risk Assessment is due by March 31 , 2020 , and the Emergency Response Plan is due six months later Ms Farmer stated the County issued a Request for Proposals and selected an engineer for the project She explained the assessment and plan will be completed in several phases and Phase 1 will include the assets threats characterization and consequences threat analysis Phase 2 will include site visits , vulnerability analysis and baseline and final reporting Phase 3 will update the emergency response plan Ms Farmer stated the consultant will utilize the seven step AWWA J - 100 Risk and Resilience standard process and the compliant version of the Vulnerability Self - Assessment Tool VSAT software to organize the decisions made through the process and develop the necessary reporting Ms Farmer presented the proposed project budget , as follows Technical Design Services 250,00000 Total 250,00000 Ms Farmer stated funding for the project will be from the water fund balance Fund 67 and staff respectfully requests the Board’s approval of the proposed project budget and adoption of the associated budget revision At the inquiry of Commissioner Butch Lawter , Ms Farmer stated the County’s consultant on this project is Dewberry of Raleigh She stated Dewberry has completed several of these types of assessments Upon a question by Commissioner Chad M Stewart , Ms Farmer noted this is a federal requirement and without it , the County may become ineligible for future grant and or loan funding for utilities projects Page414 September 3 , 2019 – 10 00 am Continued Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the project budget for the AWIA Risk and Resiliency Assessment and Emergency Response Plan in the amount of 250,000 and adopted the following budget revision REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 82 85490406 Technical Services 250,00000 TOTAL NET EXPENDITURES 250,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 82 854937925 Transfer from Other Funds 250,00000 TOTAL NET REVENUE 250,00000 13 Public Utilities – Wastewater Treatment Plant 40 MGD Expansion Equipment Pre - Selection Disk Filtration System & UV Disinfection System Utilities Director Chandra Farmer , PE , reported the County received proposals on August 8 , 2019 for the proposed Disk Filtration system and Ultraviolet UV Disinfection system to be designed and constructed as part of the 40 MGD WWTP Expansion project This evaluated bid pre - selection process is in accordance with NCGS 143 - 129 Ms Farmer stated the County will not enter into a contract with the selected manufacturer ; however , the pre - selected equipment will be used for the detailed project design , and the Contractor for the project will enter into a contract to purchase and install the pre - selected equipment She stated the County received three proposals for each system , as follows o Disk Filter System - AquaAerobic Systems , Inc , Veolia Water Technologies and Nuove Energie USA o UV Disinfection System – Suez Treatment Solutions , Trojan Technologies and Xylem Water Solutions Ms Farmer stated each Request for Proposals RFP stated that “ selection will be accomplished via an evaluation that takes all evaluation criteria into consideration , including purchase price and life cycle cost evaluation , to obtain the best value for the Owner ” She stated evaluation scoring was completed for each system using the following categories and weighted , as shown Disk Filter System Evaluation Category Max Points Equipment Features 35 Installed Equip Experience 20 Equipment Cost 25 O & M Life Cycle Cost 20 Maximum Total Points 100 Ultraviolet Disinfection System Evaluation Category Max Points Equipment Features 35 Installed Equip Experience 10 Preventive Maintenance & Service Parts Availability 15 Equipment Cost 20 O & M Life Cycle Cost 20 Maximum Total Points 100 Ms Farmer reported that Hazen and Sawyer the County’s engineering consultant for the 40 MGD WWTP Expansion project , along with County staff , reviewed and evaluated the proposals She stated staff respectfully requests the Board’s approval to pre - select Veolia Water for the Disk Filtration system and Trojan Technologies for the UV Disinfection system to be installed for the 40 MGD WWTP Expansion project Commissioner Tony Braswell moved the Board pre - select Veolia Water for the Disk Filtration system and Trojan Technologies for the UV Disinfection system to be installed for the 40 MGD WWTP Expansion project Commissioner Patrick E Harris seconded the motion which carried by unanimous vote Page515 September 3 , 2019 – 10 00 am Continued 14 Public Utilities – Hwy 70 Byp Bus 20 ” Force Main Contract Award Utilities Director Chandra Farmer , PE , reported the County received bids on August 15 , 2019 for the Hwy 70 BYP BUS 20 ” Force Main project She stated this project includes a 20 ” force main crossing under the US 70 By - Pass BUS interchange and five bids were received , as follows Ms Farmer reported the lowest responsive bid was submitted by Ralph Hodge Construction Company of Wilson , NC in the amount of 1,143,53750 She stated Ralph Hodge Construction Company is properly licensed and experienced in the type of construction involved and appears to have the financial , labor and equipment resources required to complete the construction within the stipulated contract completion time She presented the previously approved and proposed project budget below Original Proposed Technical Services Eng Surveying Permitting 150,00000 150,00000 Construction 1,500,00000 1,143,53750 Contingency 146,00000 57,18250 Total Project Cost 1,796,00000 1,350,72000 Funding for the proposed project is as follows Fund 68 Appropriation 1,796,00000 1,350,72000 Total Project Funds 1,796,00000 1,350,72000 Ms Farmer stated staff recommends award of the HWY 70 BYP BUS 20 ” Force Main to Ralph Hodge Construction Company in the amount of 1,143,53750 and she offered to answer any questions Commissioner Chad M Stewart moved the Board award the HWY 70 BYP BUS 20 ” Force Main project to Ralph Hodge Construction Company in the amount of 1,143,53750 and approve the revised project budget as presented by staff Commissioner Butch Lawter seconded the motion , which carried unanimously 15 Public Utilities – Bulk Wastewater Agreement Between the County and Town of Clayton Utilities Director Chandra Farmer , PE , reported the County staff has worked with staff from the Town of Clayton to prepare a proposed inter - local agreement for Johnston County to receive and treat wastewater effluent from the Town of Clayton She stated the agreement specifically addresses wastewater discharged from the newly constructed Wastewater Pre - treatment Facility WWPTF The proposed agreement includes the following provisions ? The County will receive and treat an average daily flow of up to 500,000 gpd from the WWPTF ? The Town is responsible for the necessary sampling and certain flow measurement facilities , including annual meter calibration by a third party ? The County is responsible for certain flow measurement facilities for billing purposes and annual meter calibration by a third party for these facilities ? Identifies limits for wastewater quality for various parameters ex BOD , TSS , TDS , TN , etc ? The County shall charge the Town the bulk rate commodity charge as set by the Board of Commissioners ? The agreement term is 20 years and may be renewed for two additional 10 - year terms Page616 September 3 , 2019 – 10 00 am Continued Ms Farmer stated the Department of Utilities recommends approval and respectfully requests the Board’s consideration of the proposed agreement At the inquiry of Chairman Ted G Godwin , Ms Farmer noted there are termination clauses within the agreement if needed Commissioner Chad M Stewart moved the Board approve the bulk wastewater agreement between the County and the Town of Clayton Commissioner Butch Lawter seconded the motion , which carried unanimously STATE OF NORTH CAROLINA JOHNSTON COUNTY BULK WASTEWATER AGREEMENT BETWEEN JOHNSTON COUNTY AND TOWN OF CLAYTON THIS AGREEMENT is made and entered into this the ___ day of ____________ , 2019 , by and between the Town of Clayton , North Carolina , a municipal corporation , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Town ” and Johnston County , a body politic organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” or “ County ” WITNESSETH WHEREAS , under Article 20 of Chapter 160A of the North Carolina General Statues , as amended the “ Interlocal Act ” , municipalities and counties are authorized to enter into Interlocal cooperation undertakings with other local governments for the joint exercise of any power , function , public enterprise , right , privilege , or immunity of local governments in North Carolina ; WHEREAS , the Town and County entered into an Interlocal Agreement dated August 2 , 1993 the “ 1993 Interlocal Agreement ” for the purposes of allowing for the transfer of wastewater between the Town and County ; WHEREAS , the Town and County also entered into a Memorandum of Understanding augmenting the 1993 Interlocal Agreement on March 20 , 2008 ; WHEREAS , the Town and County also entered an Interlocal Agreement dated September 30 , 2014 the “ 2014 Interlocal Agreement ” ; WHEREAS , the Town currently holds the right to 140 MGD of capacity as part of the County’s wastewater transmission system and at the County’s wastewater treatment plant ; WHEREAS , the Town is making improvements to discharge wastewater effluent from a newly constructed Wastewater Pre - treatment Facility the “ WWPTF ” into the County’s wastewater collection system for treatment at the County’s existing Central Johnston County Regional Wastewater Treatment Facility the “ CJCRWWTF ” and or the County’s proposed future NC 210 Wastewater Treatment Plant the “ 210 WWTP ” ; WHEREAS , the Town and County desire to set forth their agreement for such services herein NOW , THEREFORE , in consideration of the mutual covenants , conditions and terms contained herein , as well as other mutual consideration that both the Town and County agree is sufficient , the parties hereto , intending to be legally bound hereby , agree as follows ARTICLE I PURPOSE The Purpose of this agreement is to set forth the terms and conditions of agreement between the Town and the County regarding the County’s wastewater collection and treatment services to be provided to the Town for wastewater flow from the WWPTF and the fees for these services Pursuant to this purpose , the County and the Town hereby agree that the County shall accept and treat wastewater flow discharged by the WWPTF according to the terms and conditions of this Agreement ARTICLE II MEASURING , SAMPLING AND LIMITS OF FLOW A The Town hereby acknowledges and agrees that the County has performed an appropriate and acceptable headworks analysis and agrees that the Town shall 1 maintain a sampling station and flow measuring facility adjacent to the WWPTF effluent pump station within a utility easement located on Town of Clayton property as identified in Exhibit A 2 have the flow measuring facility calibrated annually , by a third party , at the Town’s expense 3 allow the County unlimited access with reasonable advance notice to the sampling station and to the flow measuring facility Page717 September 3 , 2019 – 10 00 am Continued 4 perform initial sampling for compliance with regulated industrial discharge standards from the NC Department of Environmental Quality and the US Environmental Protection Agency and issue an Industrial User Permit IUP to any user of the WWPTF in compliance with such standards 5 perform sampling and flow measurements for compliance with the County limits for wastewater from the WWPTF listed in Table 1 herein , and for process control Sampling results and flow measurements shall be provided to the County Sufficient portions of each sample will be provided to the County , if requested B The County hereby agrees that it shall 1 be responsible for any supplementary analyses beyond or in lieu of the analysis required herein to be performed by the Town 2 maintain a flow measuring facility located on the existing 12 ” force main , which receives flow from the WWPTF pump station as identified in Exhibit B 3 have the flow measuring facility calibrated annually , by a third party , at the County’s expense 4 allow the Town unlimited access with reasonable advance notice to the flow measuring facility C Limits for wastewater quality are as identified in Table 1 below Table 1 – Limits for Wastewater from the Pre - treatment Plant Parameter Local Limit mg L Biochemical Oxygen Demand BOD 250 Chemical Oxygen Demand COD 500 Total Suspended Solids TSS 250 Total Dissolved Solids TDS 2,100 Total Nitrogen TN 20 Ammonia 25 Total Phosphorus TP 8 Arsenic N A Cadmium N A Copper N A Cyanide N A Lead N A Mercury N A Nickel N A Silver N A Chromium total N A Zinc N A Compliance with limits shall be on a weekly average basis , with a minimum of three samples per week Monitoring shall be conducted quarterly for the first 12 months The County will re - evaluate potential limits if any sample exceeds the County’s “ Sewer Use Ordinance ” limits in the first 12 months D Wastewater flow from the WWPTF shall be limited to a weekly average daily amount of 500,000 gallons and a peak daily amount of 750,000 gallons Wastewater discharged from the Town into the County’s collection system at the East Clayton Industrial Area combined flow , including Grifols effluent and the WWPTF effluent shall be at a maximum hour rate of 1,800 gallons per minute ARTICLE III SERVICE CHARGES A The County shall assess charges to the Town at the bulk rate approved by the Johnston County Board of Commissioners and published as part of the “ Johnston County Water and Sewer Policies , ” as it may change from time to time The flow from the WWPTF shall be included in calculating the 140 gpd of capacity limit the Town currently holds for flow in the County transmission system and treatment plant B The County will invoice the Town monthly for the commodity charges associated with flow received from the WWPTF The Town shall pay the County the invoice amount within 30 days from the date the Town receives the invoice Bulk user commodity charges shall be reviewed annually by the County and adjusted to a new bulk rate , if necessary , by the Board of Commissioners C Flow received from the WWPTF shall be determined based on flow measured at the County’s flow metering facility see Exhibit B minus flow received from the existing Grifols wastewater pump station facility D The provisions of this Agreement shall replace and or control over any inconsistent provisions of other agreements between the Town and County regarding treatment charges applicable to wastewater flow from the Town to the County and any such inconsistent provisions are hereby amended or nullified ; providedPage818 September 3 , 2019 – 10 00 am Continued however that the remainder of such agreements not inconsistent with the provisions of this Agreement shall remain in full force and effect E It is the intent of the Town to send all wastewater effluent from the WWPTF to the County , up to an average of 500,000 gallons per day ; provided however that The Town shall have the right to divert part or all of the flow to the Town system for treatment upon providing to the County 18 months advance written notice as provided herein In the event the Town diverts part of its flow , this Agreement shall remain in effect In the event the Town diverts all its flow , this Agreement shall be terminated ARTICLE IV MAINTENANCE OF FACILITIES The Town agrees to operate and maintain the sampling station located as identified in Exhibit A , flow measuring station located as identified in Exhibit A and the WWPTF effluent wastewater pump station that discharges into the County’s collection system according to prevailing engineering and regulatory standards The County agrees to operate and maintain the existing flow meter located on the existing 12 ” force main as identified on Exhibit B , which will receive flow from the WWPTF effluent pump station ARTICLE V MISCELLANEOUS A Regulations Both Town’s and County’s obligations hereunder shall be subject to such restrictions , limitations and prohibitions , as may be applicable , as a result of contracts or agreements with or lawful rules and regulations promulgated by , any State or Federal Department or Agency having jurisdiction over the Town or County , and their operation of their respective waste water systems B Limitation of Liability and No Third Party Rights This Agreement does not and is not intended to confer any rights or remedies upon any person other than the signatories , and no party hereto shall be liable under this Agreement to any third party Neither party shall be liable for failures of the facilities of the other party that are subject to this Agreement C Force Majeure It shall not be considered a breach of this contract and neither the Town nor the County shall not be responsible for an inability to perform or any delays , damages , costs , expenses , liabilities or other consequences that may arise as a result of force majeure A “ force majeure ” is defined as any event arising from causes beyond the reasonable control of the Town or County , including but not limited to fire , flood , acts of God , terrorism , war , natural disaster , tornado , hurricane , civil strikes or labor disputes , riots , system failure , broken pipes , or other actions causing an inability to perform beyond the reasonable control of the Town or County A failure to perform due to a force majeure shall be remedied with all possible dispatch but shall not constitute a breach so long as such remedy is diligently being pursued D Amendment This Agreement may be amended through a supplementary agreement approved in writing by the Town and the County E Severability If any section of this Agreement is deemed to be illegal or otherwise unenforceable , it is the intent of the parties hereto that all other provisions of this Agreement shall remain in full force and effect F Transfer or Assignment Neither the Town nor the County may assign its rights or obligations under this Agreement , or sub - contract any part of this Agreement , without prior written approval from the other party G Mediation Any claim , dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party The Parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions , and NGGS Sect 7A - 381 c except as specifically provided otherwise herein The parties shall share the mediator’s fee and any filing fees equally The mediation shall be held in Johnston County , unless another location is mutually agreed upon Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof H Governing Law This Agreement is to be governed by and interpreted in accordance with the laws of the State of North Carolina I Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the Parties and the successors and assigns of each J Counterparts This Agreement may be executed in any number of counterparts , each of which shall constitute an original , and all such counterparts shall together constitute one instrument K Term of Agreement The term of this Agreement shall be for a term of twenty 20 years , and thereafter may be renewed or extended for up to two additional terms of ten 10 years each by mutual agreement of the Town and County ; provided however that this Agreement may be terminated by the Town as provided in Paragraph IIID herein L Notices All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received a when hand delivered to the address stated below , b three 3 days after being mailed to the address stated below , postage prepaid by certified or registered mail of the United States , return receipt requested to the address set forth below Page919 September 3 , 2019 – 10 00 am Continued TO Town of Clayton TO Johnston County Attn Town Manager Attn County Manager PO Box 879 PO Box 1049 Clayton , NC 27520 Smithfield , NC 27577 Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other IN WITNESS WHEREOF , the Mayor of the Town and the Chairman of the Board of Commissioners of the County have each executed this Interlocal Agreement to evidence the agreement of the parties hereto and the Town Clerk and the Clerk to the Board of Commissioners have affixed the seal of the Town and the County , as applicable to this Interlocal Agreement 16 Public Utilities - EDA Funding Opportunity Utilities Director Chandra Farmer , PE , took a moment to inform the Board regarding the possibility of grant funding through the Economic Development Administration EDA Ms Farmer reported EDA hasPage020 September 3 , 2019 – 10 00 am Continued released a “ Notice of Funding Opportunity ” for Disaster Supplemental Funding She explained the assistance is proposed to help communities and regions devise and implement long - term economic recovery strategies through a variety of non - construction and construction projects to address economic challenges in areas where a Presidential declaration of a major disaster was issued under the Stafford Act Ms Farmer stated to be competitive applications must clearly incorporate resilience principles , meaning the ability of a community or region to anticipate , withstand and bounce back from various disruptions to its economic base She noted the funding is typically up to 80 and staff plans to talk with EDA representatives in the next couple of weeks about a potential project Ms Farmer reported the County has the Reedy Branch Wastewater Improvements project under design , which will divert wastewater from the East Clayton Industrial Area ECIA to the new wastewater treatment plant site on County Home Road She stated these improvements will allow for redundancy in the event of future disasters and with these facilities in place and the new wastewater treatment plant , the County will be able to divert flow from the ECIA to either facility Ms Farmer explained that when the County’s existing wastewater treatment plant flooded in 2016 from Hurricane Matthew , staff worked with Grifols and the Town of Clayton to discharge the ECIA wastewater to the Town while the plant was off - line and until the County had a near - full plant recovery Ms Farmer stated due to the high - strength nature of the wastewater , this was critical in order to minimize the risk of public health and environmental impacts Ms Farmer stated the diversion to Clayton , had an economic impact to the industry and there could have been detrimental economic impacts , if the facility had been forced to shut down during this period She stated staff hopes EDA will see the proposed project as competitive and clearly meeting the intent of the program Ms Farmer stated the project will add redundancy and resilience to the area with a direct link to economic development for multiple industries Ms Farmer stated no action is required at this time and she will keep the Board updated The Board thanked Ms Farmer for the information Commissioner Butch Lawter noted at the last Triangle J Council of Governments meeting , this was a topic of discussion and while it would be nice to receive EDA funding for the new wastewater treatment plant , based on his conversations through Triangle J , it appears this funding may be more successfully obtained for smaller projects 17 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 Chad M Stewart moved the Board approve the following budget amendments , seconded by Commissioner Tony Braswell , and carried by unanimous vote Finance Public Utilities REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 83 85480406 Technical Services 100,00000 TOTAL NET EXPENDITURES 100,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 83 854836270 Transfer from SDF Reserve Fund for Capital 100,00000 Project Costs TOTAL NET REVENUE 100,00000 Jail REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 52000411 Professional Service Hospital 17815 10 52003601 SCAAP 5,70400 TOTAL NET EXPENDITURES 5,88215 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE Page121 September 3 , 2019 – 10 00 am Continued 10 520033099 Miscellaneous Revenue 17815 10 520036119 Sale of Assets 5,70400 TOTAL NET REVENUE 5,88215 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 52003601 SCAAP Expenditures 14,01400 TOTAL NET EXPENDITURES 14,01400 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 14,01400 TOTAL NET REVENUE 14,01400 Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 18 44500200 Salaries & Wages 18,60000 18 44500600 Health Insurance 13,00000 18 44501100 Telephone 1,75000 18 44501300 Utilities 13,00000 18 44501500 Building & Grounds 1,00000 18 44503200 Office Supplies 1,00000 18 44503300 Departmental Supplies 1,00000 18 44503309 Periodicals 1,40000 18 44503319 AV Supplies 1,00000 TOTAL NET EXPENDITURES 51,75000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 18 445033990 Fund Balance Appropriated 51,00300 18 445034103 Town of Smithfield 74700 TOTAL NET REVENUE 51,75000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 10,31851 10 51003100 Fuels 14703 10 51007418 Capital Outlay – Drug Seizure 5,52000 TOTAL NET EXPENDITURES 15,98554 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032509 Insurance Recovery 3,72221 10 510033099 Miscellaneous Revenue 17833 10 510035104 Sheriff Fees 6,56500 10 510036119 Sale of Assets 5,52000 TOTAL NET REVENUE 15,98554 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51003350 Supplies – Special 5,04078 10 51007414 Capital Outlay – Sheriff 241,18520 10 51007418 Capital Outlay – Drug Seizure 547,50005Page222 September 3 , 2019 – 10 00 am Continued TOTAL NET EXPENDITURES 793,72603 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 793,72603 TOTAL NET REVENUE 793,72603 18 Appointments Hospital Authority Board of Commissioners - Chairman Ted G Godwin appointed Brad Oakes for a three year term to expire on September 30 , 2022 19 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of July She presented the following information Enforced Collections July 2019 YTD Wage Garnishments 69 69 Bank Attachments 21 21 Levies 0 0 Foreclosures Complaints Filed July 2019 5 17 Pending Dollars Collected July 2019 0 As of July 31 , 2019 , the Tax Department has collected 049 of the real and personal levy for 2019 No foreclosure sale was he