April 3, 2017 - 10:00 am - County Board of Commissioners Meeting Minutes

10 594 Meeting of the Johnston County Board of Commissioners April 3 , 2017 10 00 am The Johnston County Board of Commissioners met in regular session Monday , April 3 , 2017 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Keith Branch , and Larry Wood Absent None 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 Jeffrey P Carver called the meeting to order at 10 00 am Commissioner Cookie Pope opened the meeting with a prayer and called for a Moment of Silence in memory of Mr William Odell Edwards who passed away recently Commissioner Pope recalled that Mr Edwards was a prominent farmer in Johnston County and served the County on both the Planning Board and the Board of Equalization & Review and he would be missed Vietnam Veterans of America 990 led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda , postponing the water and sewer rate study summary presentation by Public Utilities to the May 1 , 2017 10 00 am agenda 2 Consent Agenda Items Upon a motion by Commissioner Keith Branch , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – March 3 , 2017 ; and March 6 , 2017 - 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 Gardner Lake Drive , Long Ridge Court , and Mayfield Circle – Gardner Lake Subdivision – Pleasant Grove Township Crownside Road , Cherryhill Drive , and Haggerty Lane – Kings Mill Subdivision – Elevation Township Sunny Hollow Court – Holly Berry Farm – Selma Township His Way , Trusting Lane , and Abba Circle – Neighbors Walk – O’Neals Township C Proclamation – The Week of the Young Child – April 24 - 28 , 2017 , adopted as follows Proclamation The Week of the Young Child April 24 – 28 , 2017 WHEREAS , the Partnership for Children of Johnston County and other local organizations , in conjunction with the National Association for the Education of Young Children , are celebrating The Week of the Young Child , April 24 through April 28 , 2017 ; andPage595 April 3 , 2017 – 10 00 am Continued WHEREAS , these organizations are working to promote and inspire high quality early childhood experiences for our state’s youngest citizens , that can provide a foundation of learning and success for children throughout Johnston County , North Carolina ; and WHEREAS , teachers and others who work with or on behalf of young children birth through age eight , who make a difference in the lives of young children in Johnston County deserve thanks and recognition ; and WHEREAS , public policies that support early learning for all young children are crucial to young children’s futures and to the prosperity of our society NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners hereby proclaims April 24 – 28 , 2017 as The Week of the Young Child in Johnston County and encourages all citizens to work to support and invest in early childhood in Johnston County rd Adopted this the 3 day of April , 2017 D Proclamation – National Public Safety Telecommunicators Week – April 9 - 15 , 2017 , adopted as follows National Public Safety Telecommunicator’s Week April 9 - 15 , 2017 WHEREAS , emergencies can occur at anytime that require police , fire or emergency medical services ; the E - 911 Communications Center was created to provide a vital contribution to the quality of life enjoyed by citizens and visitors to Johnston County ; and WHEREAS , when an emergency occurs , the access to a 911 center dramatically improves the prompt response of police officers , firefighters and paramedics , is critical to the protection of life and preservation of property ; and WHEREAS , the Telecommunicators are trained , prepared and ready ; the safety of our police officers , firefighters and EMS personnel are dependent upon the quality and accuracy of information obtained from citizens who telephone the Johnston County E - 911 Communications Center ; and WHEREAS , Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services ; and WHEREAS , Public Safety Telecommunicators are the single vital link for our police officers , firefighters and EMS personnel by monitoring their activities by radio , providing them information and insuring their safety ; and WHEREAS , Public Safety Telecommunicators of the Johnston County E - 911 Communications Center have contributed substantially to the apprehension of criminals , suppression of fires and treatment of patients ; and WHEREAS , each Telecommunicator has exhibited compassion , understanding and professionalism during the performance of their job ; and WHEREAS , National Telecommunicator’s Week will serve to recognize the Telecommunicators of Johnston County who provide a vital public safety service NOW THEREFORE BE IT RESOLVED , that the Board of Commissioners of the County of Johnston , hereby proclaim and declares the week of April 9 - 15 , 2017 as National Telecommunicator’s Week in Johnston County , in honor of the men and women whose diligence and professionalism keep our County and citizens safe rd Adopted this the 3 day of April , 2017 E Proclamation – Older Americans Month – May 2017 , adopted as follows Older Americans Month 2017 A PROCLAMATION Whereas , Johnston County , North Carolina includes a thriving community of over 17,000 older Americans over age 65 who deserve recognition for their contributions and sacrifices to ensure a better life for future generations ; and Whereas , Community & Senior Services of Johnston County , Inc is committed to helping all individuals live longer , healthier lives in the communities of their choice for as long as possible ; and Whereas , since 1965 , the Older Americans Act has provided services that help older adults remain healthy and independent by complementing existing medical and health care systems , helping prevent hospital readmissions , and supporting some of life’s most basic functions , such as bathing or preparing meals ; and Whereas , Community & Senior Services of Johnston County , Inc is committed to supporting older adults as they take charge of their health , explore new opportunities and activities , and focus on independence ; and Whereas , Community & Senior Services of Johnston County , Inc is also committed to raising awareness about issues facing older Americans and helping all individuals to thrive in communities of their choice for as long as possible ; and Whereas , we appreciate the value of inclusion and support in helping older adults successfully contribute to and benefit from their communities ; and Whereas , our community can provide opportunities to enrich the lives of individuals of all ages by ? Promoting and engaging in activity , wellness , and social involvement ? Emphasizing home and community based services that support independent living ? Ensuring community members can benefit from the contributions and experience of older adults Now therefore , we , the Board of Commissioners of Johnston County do hereby proclaim May 2017 to be Older Americans Month We urge every resident to take time this month to celebrate older adults and the people who servePage596 April 3 , 2017 – 10 00 am Continued and support them as powerful and vital individuals who greatly contribute to the community Resolved this the 3rd day of April , 2017 F Proclamation – Litter Sweep Spring 2017 – April 15 - 29 , 2017 , adopted as follows PROCLAMATION SPRING LITTER SWEEP 2017 WHEREAS , the North Carolina Department of Transportation organizes an annual spring statewide roadside cleanup to ensure clean and beautiful roads in North Carolina ; and WHEREAS , the spring 2017 LITTER SWEEP roadside cleanup will take place April 15 - 29 , 2017 , and 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 , and interested citizens conduct annual local cleanups during 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 th WHEREAS , the 2017 SPRING LITTER SWEEP will celebrate the 29 Anniversary of the North Carolina Adopt - A - Highway program and its volunteer groups that donate their labor and time year round to keep our roadsides clean ; and WHEREAS , the 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 April 15 - 29 , 2017 as SPRING 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 April , 2017 G Town of Clayton – Appointment to Clayton Planning Board Per the request of the Town of Clayton , the Board made the following appointment to the Clayton Planning Board representing the ETJ area of the Town Ross Benson , 825 Glen Laurel Road , Clayton term expiring 12 31 2019 H Town of Wilson’s Mills – Interlocal Agreement The Board adopted the following interlocal agreement with the Town of Wilson’s Mills Page597 April 3 , 2017 – 10 00 am Continued I Tax Releases & Refunds – 02 15 2017 – 03 15 2017 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 2 16 2017 3 06 39 PM dwoodward2 2016 - 202203 2000164444 POLLY ONEAL JOHNSON 62435 REVOCABLE TRUST 2 16 2017 3 07 16 PM dwoodward2 2016 - 202202 2000164444 POLLY ONEAL JOHNSON 62435 REVOCABLE TRUST 2 16 2017 3 07 58 PM dwoodward2 2016 - 202201 2000164444 POLLY ONEAL JOHNSON 62435 REVOCABLE TRUST 2 16 2017 3 08 35 PM dwoodward2 2016 - 202200 2000164444 POLLY ONEAL JOHNSON 62435 REVOCABLE TRUST 2 16 2017 3 11 30 PM dwoodward2 2016 - 202197 2000164444 POLLY ONEAL JOHNSON 77441 REVOCABLE TRUST 2 16 2017 3 12 28 PM dwoodward2 2016 - 202196 2000164444 POLLY ONEAL JOHNSON 77441 REVOCABLE TRUST 2 16 2017 3 12 57 PM dwoodward2 2016 - 202195 2000164444 POLLY ONEAL JOHNSON 77441 REVOCABLE TRUSTPagePage pageNumber5598 April 3 , 2017 – 10 00 am Continued 2 16 2017 3 13 35 PM dwoodward2 2016 - 202194 2000164444 POLLY ONEAL JOHNSON 77441 REVOCABLE TRUST 2 16 2017 4 27 47 PM ashleyheath 2016 - 800186 2000166314 BIO MEDICAL APP OF NC 3,73035 2 16 2017 4 29 10 PM ashleyheath 2016 - 800187 2000166314 BIO MEDICAL APP OF NC 27278 2 16 2017 4 29 39 PM ashleyheath 2016 - 800188 2000166314 BIO MEDICAL APP OF NC 16744 2 16 2017 4 30 05 PM ashleyheath 2016 - 800189 2000166314 BIO MEDICAL APP OF NC 15465 2 16 2017 4 31 05 PM ashleyheath 2016 - 800190 2000166314 BIO MEDICAL APP OF NC 14219 2 16 2017 4 31 37 PM ashleyheath 2016 - 800191 2000166314 BIO MEDICAL APP OF NC 13034 2 16 2017 4 47 39 PM ashleyheath 2016 - 800179 2000166313 BIO MEDICAL APP OF NC 1,98185 2 16 2017 4 51 04 PM ashleyheath 2016 - 800180 2000166313 BIO MEDICAL APP OF NC 1,68537 2 16 2017 4 51 54 PM ashleyheath 2016 - 800181 2000166313 BIO MEDICAL APP OF NC 1,37894 2 16 2017 4 52 43 PM ashleyheath 2016 - 800182 2000166313 BIO MEDICAL APP OF NC 1,10072 2 16 2017 4 53 31 PM ashleyheath 2016 - 800183 2000166313 BIO MEDICAL APP OF NC 88374 2 16 2017 4 54 15 PM ashleyheath 2016 - 800184 2000166313 BIO MEDICAL APP OF NC 64979 3 3 2017 8 55 46 AM ashleyheath 2016 - 100976 2000176592 WIRELESS VENTURES LLC 12116 3 6 2017 8 50 56 AM ashleyheath 2013 - 200165 2000029406 BUNN , JOSEPH EDWARD 39606 3 6 2017 8 54 03 AM ashleyheath 2013 - 200162 2000029406 BUNN , JOSEPH EDWARD 18233 3 6 2017 9 03 24 AM ashleyheath 2013 - 200163 2000029406 BUNN , JOSEPH EDWARD 34656 3 6 2017 9 06 11 AM ashleyheath 2013 - 200164 2000029406 BUNN , JOSEPH EDWARD 37132 3 6 2017 9 33 08 AM ashleyheath 2013 - 200161 2000029406 BUNN , JOSEPH EDWARD 16830 3 7 2017 3 14 12 PM ashleyheath 2016 - 800264 2000170103 CARROLS LLC 21105 3 7 2017 3 14 48 PM ashleyheath 2016 - 800265 2000170103 CARROLS LLC 23421 3 7 2017 3 15 31 PM ashleyheath 2016 - 800266 2000170103 CARROLS LLC 23428 3 7 2017 3 16 08 PM ashleyheath 2016 - 800267 2000170103 CARROLS LLC 15516 3 13 2017 10 55 04 AM ashleyheath 2016 - 30567 2000149597 ERGONOMIC CONCEPTS LLC 2,03703 3 13 2017 10 55 45 AM ashleyheath 2016 - 75802 2000175632 PROXIMITY INC 71765 3 13 2017 4 48 06 PM ashleyheath 2016 - 104620 2000188686 BUTLER , AUSTEN J 47621 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 2 16 2017 2 54 07 PM LOCKBOX 2016 - 29821 2000101986 EDWARDS , RICHARD T 61567 2 17 2017 11 45 29 AM jmorrow 2016 - 51850 2000149058 KILPATRICK , COLONEL WILLIM W 2,07453 2 23 2017 11 48 29 AM jmorrow 2016 - 7543 2000166654 BAREFOOT , JOHNNY BLAND 4,18486 2 24 2017 10 59 53 AM jmorrow 2016 - 97729 2000078064 WEST , WILLIAM JOEY 42639 2 27 2017 10 04 46 AM jmorrow 2016 - 21851 20273260 CORBETT , DWIGHT DAVID 34299 2 27 2017 11 34 13 AM awestbrook 2016 - 800179 2000166313 BIO MEDICAL APP OF NC 17682 2 27 2017 4 08 56 PM jmorrow 2016 - 42775 2000120667 HOLDER , RUSSELL LEE JR 23000 3 1 2017 4 07 46 PM jmorrow 2016 - 66564 2000135738 MYERS , JENNIFER DIANE 12034 3 2 2017 11 56 19 AM jmorrow 2016 - 35129 2000068210 GILL , DEBORAH WORLEY 29508 3 3 2017 8 47 33 AM jgreene 2016 - 51678 2000057235 KENYON , TAMMY BAUGUS 51000 TRUSTEE 3 3 2017 12 49 10 PM jmorrow 2016 - 37463 2000009424 GRISSOM , SANDRA L 48500 3 3 2017 4 06 58 PM cfutch 2016 - 84656 2000044318 SMITH , HAL 37871 3 3 2017 4 11 13 PM cfutch 2016 - 84567 2000153081 SMITH , EVONIA 16629 3 6 2017 8 47 03 AM jmorrow 2016 - 22153 2000185356 COTTEN , LISA ANN 11327 3 6 2017 4 54 17 PM cfutch 2016 - 24720 2000166191 DAMBRA , ANTHONY M JR 1,48109 3 6 2017 4 56 40 PM cfutch 2016 - 24720 2000166191 DAMBRA , ANTHONY M JR 1,49117 3 7 2017 2 54 45 PM cfutch 2016 - 22153 2000185356 COTTEN , LISA ANN 15077 3 8 2017 2 42 20 PM jgreene 2016 - 84005 2000119644 SIMPSON , TERRY E 43600 3 8 2017 2 45 23 PM jgreene 2016 - 84005 2000119644 SIMPSON , TERRY E 1,00000 3 10 2017 11 28 33 AM jmorrow 2016 - 62238 2000072088 MCLAMB , KIMBERLY RENEE 22815 3 10 2017 2 30 24 PM cfutch 2016 - 7636 2000114919 BAREFOOT , MICHAEL ANDREW 28518 3 13 2017 2 36 38 PM astancil 2016 - 11188 2000072546 BLACKWELL , PENNY REBECCA 10159 3 13 2017 2 38 48 PM astancil 2016 - 11188 2000072546 BLACKWELL , PENNY REBECCA 10159 3 13 2017 2 58 16 PM LOCKBOX 2016 - 1532 2000114397 ALBA , ESPINO JUVENAL 70154PagePage pageNumber6599 April 3 , 2017 – 10 00 am Continued North Carolina Vehicle Tax System - Pending Refund Report – February 2017 100 + Payee Name Bill # Transaction Refund Total Change # Reason CAPPS , TONY 0004042022 62501206 Mileage 14124 JAY 7606 21730 GATTA - 0029458959 63176138 Change of 13030 BILISKI , County 1337 JUANITA 14367 ROBIN THAMES , TOD 0031024066 62560958 Military 23681 DALLAS 2125 25806 THAMES , TOD 0035472099 62560960 Military 20288 DALLAS 1821 22109 THE 0035615569 62815034 Exempt 15811 SALVATION Property 11554 ARMY 27365 ULLMER , 0035404962 62039862 Military 15124 JEFFREY 1406 JOSEPH 16530 127907 March 22 , 2017 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 , Sheila Garner A complete record of this information is on file in the County Finance Office Totals from 02 15 17 to 03 15 17 Tax refunds - Personal Real Property 91255 Tax releases - Personal Real Property 1,03898 Motor Vehicle releases refunds 48374 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A Recognition of Wellness Clinic Director Kevin Sullivan Health Director Dr Marilyn Pearson recognized Wellness Clinic Director Kevin Sullivan for going above and beyond the call of duty Dr Pearson reported that Mr Sullivan and his family were traveling on January 28 , 2017 and came upon an automobile accident where the individual was trapped in a burning car She stated Mr Sullivan risked his own life to pull the individual from the vehicle Dr Pearson stated the individual had a medical emergency which caused the accident , but because of Mr Sullivan’s actions , that person was saved Dr Pearson recognized Mr Sullivan for his courage and stated the County is lucky to have him The Board thanked Mr Sullivan for going above and beyond the call of duty 4 Public Hearing – Economic Development Incentive Grant Advertised The Smithfield Herald – March 22 , 2017 The Chairman opened the public hearing for the purposes of receiving public comment regarding the amendment of an existing economic development incentive grant agreement with Caterpillar , Inc Chairman Jeffrey P Carver called on staff for an explanation of the proposed amendment Economic Development Director Chris Johnson presented a draft resolution to the Board authorizing an amendment to the existing 2012 Economic Development Incentive Grant agreement between Caterpillar , Inc and Johnston County Mr Johnson explained the amendment is needed due to ongoing changes in the market place for Caterpillar Mr Johnson reported that since February 2012 , Caterpillar has substantially complied with its obligations under the original agreement for capital investment and will maintain a minimum of 551 jobs at their facility Mr Johnson stated the County appreciates Caterpillar’s continued commitment andPagePage pageNumber7600 April 3 , 2017 – 10 00 am Continued investment in Johnston County and he introduced Mr Vic Balius , Plant Manager for the Clayton Caterpillar facility Mr Balius thanked the Board for considering the amendment He also thanked Johnston County stating Caterpillar has been at the Clayton location for 25 years and it has been an outstanding partnership There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried unanimously , the Board adopted the following resolution RESOLUTION AUTHORIZING AMENDMENTS TO AN ECONOMIC DEVELOPMENT AGREEMENT TO AID AND ENCOURAGE CATERPILLAR INC TO MAINTAIN AND EXPAND ITS CURRENT OPERATION IN JOHNSTON COUNTY AND AUTHORIZING EXECUTION OF AN AMENDED ECONOMIC DEVELOPMENT AGREEMENT WHEREAS , North Carolina General Statute 15871 authorizes counties to make appropriations for economic development purposes to increase population , taxable property , agricultural industries , employment , industrial output , or business prospects of the county ; and WHEREAS , Johnston County entered into an Economic Development Agreement with Caterpillar Inc dated February 6 , 2012 to provide annual economic development incentive grant payments over a seven - year period from general county funds in exchange for Caterpillar Inc expanding production facilities in Johnston County and hiring a substantial number of new , permanent full - time employees to work there ; and WHEREAS , Caterpillar Inc has substantially complied with its obligations under the original agreement to make capital investments of at least 33,000,000 before December 31 , 2016 and has created 108 full - time or full - time equivalent jobs since January 1 , 2012 at or above the County’s median or average wage at the Johnston County facility ; and WHEREAS , due to changes in the market , Caterpillar Inc now requests amendments to the Economic Development Agreement between Johnston County and Caterpillar Inc to a redefine the increase in full - time jobs in Paragraph 9 “ Defaults ; Remedies ; Dispute Resolution and Cooperation ” in the Agreement to mean a minimum of 551 full - time employees at the Johnston County Facility at or above the County’s median or average wage rather than the original minimum of 690 jobs , and b reduce the amount of incentives to be paid for achieving such reduced minimum full - time employment count in 2017 , 2018 and 2019 ; and WHEREAS , Johnston County is considering entering into an amended economic development incentives agreement with Caterpillar Inc , which incorporates the amendments to the economic development agreement proposed herein ; and WHEREAS , the Johnston County Board of Commissioners has duly advertised and conducted a public hearing to consider whether to participate in and expend County General Funds for the proposed amended economic development incentives agreement with Caterpillar Inc as outlined herein ; and WHEREAS , the proposed amended agreement with Caterpillar Inc will stimulate the local economy , promote business , retain permanent jobs in the County , increase the property tax base and revenues therefrom , and increase business prospects of the County NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners , after duly advertised public hearing held , finds that the proposed amendments to the economic development incentives agreement with Caterpillar Inc as outlined in the Project Summary attached to this resolution “ the Summary ” will stimulate the local economy , promote business , retain permanent jobs in the County , increase the property tax base and revenues therefrom , and increase business prospects of the County BE IT FURTHER RESOLVED that the Johnston County Board of Commissioners hereby approves and authorizes an amendment to the Economic Development Agreement between Johnston County and Caterpillar Inc on terms not materially inconsistent with the Summary in exchange for the commitment by the Company to employ not less than 551 full - time employees at the Johnston County Facility at or above the County’s median or average wage through 2019 BE IT FURTHER RESOLVED by the Johnston County Board of Commissioners that the Chairman or County Manager and the Clerk to the Board are hereby authorized to execute , on behalf of Johnston County , the necessary documents for Johnston County to participate in an amended economic development incentives project andPagePage pageNumber8601 April 3 , 2017 – 10 00 am Continued agreement with Caterpillar Inc as further described herein , subject to a pre - audit certificate thereon by the County Finance Officer , if applicable , and approval as to form and legality by the County Attorney rd Adopted this the 3 day of April , 2017 PROJECT SUMMARY COMPANY - COUNTY Amendment of Economic Development Agreement dated February 6 , 2012 between Johnston County and Caterpillar Inc Objective Provide an economic development incentive to Caterpillar Inc to maintain its employment count above 491 , the employment count as of January 1 , 2012 , at or above the County’s median or average wage through 2019 Applicable Percentage of Increase in Taxable Property due to Expansion of Johnston County Based on Net New Taxable Value as of 1 1 Facilities since 2012 90 2013 90 2014 80 2015 60 2016 50 2017 40 2018 30 2019 ? At YE 2016 , Company employed 599 employees at its Johnston County Facilities Substantial Compliance is defined as a minimum of 551 full - time employees whether Company or Third - Party at the Johnston County Facilities The retention of full - time jobs whether Company or Third Party , at the Johnston County Facilities is a material condition of the Grant provided herein The Grant for any Grant Year will be paid in full only if the retention of full - time employment at the Johnston County Facilities is not lower than Substantial Compliance , the level of Substantial Compliance that is in effect on January of the applicable Grant Year The County may , in its sole discretion , waive de minimis breaches of conditions of this Agreement and instead of abating the Grants in their entirety for failure to achieve Substantial Compliance regarding retention of full time employment may reduce the amount of the Grants pro rata consistent with the ratio of 1 minus Actual Employment over 491 60 ? Refund of prior year’s grant to Company and non - payment of the then - current grant if employment falls below 491 as of January 1 of the then - current year ? Release from any current and prior defaults regarding additional employment 5 JoCo Teen Drivers – Update to the Board Sandy Wood with Johnston County Emergency Services addressed the Board and introduced Gavin Brundidge from West Johnston High School and Aaron Penny from Johnston County Early College to provide an update to the Board on the activities of JoCo Teen Drivers Mr Brundidge thanked the Commissioners for sending him and seven other JoCo Teen Driver students from West Johnston High School and Cleveland High School to the recent 2017 Lifesavers Conference in Charlotte , North Carolina Mr Brundidge stated the conference brought together a unique combination of public health and safety professionals , researchers , advocates , practitioners , and students all committed to sharing best practices , research , and policy initiatives that are proven to work Mr Brundidge continued that while at the conference they participated in eight workshops and two safety luncheons He stated in the workshops , they learned new and fun ways to promote safe teen driving in the schools as well as visited with vendors to test out products that will help promote their mission Mr Brundidge shared with the Board a “ cell slip ” which when a cell phone is placed in the slip , it will not allow a cell signal to pass through Mr Brundidge stated if teens were to utilize the cell slip it would hinder them from picking up the phone while driving because they would not receive calls or texts Mr Brundidge thanked the Board for allowing JoCo Teen Drivers to provide the update stating they plan to use what they learned at the conference to make JoCo Teen Drivers even better Mr Brundidge statedPagePage pageNumber9602 April 3 , 2017 – 10 00 am Continued April is Distracted Driving Awareness Month and JoCo Teen Drivers will have different activities planned in the high schools to mark the occasion He invited the Board to visit the JoCo Teen Drivers booth at the upcoming Strawberry Festival in the Cleveland Community on April 22 , 2017 Ms Wood reported that Mr Penny , in addition to being a student at Johnston County Early College , is an intern with Johnston County Emergency Services and she presented several examples of promotional items that Mr Penny has helped to create which can be handed out by JoCo Teen Drivers to promote their message Ms Wood thanked both Mr Penny and Mr Brundidge as well as all the students involved with JoCo Teen Drivers and complimented their work and commitment Ms Wood stated all the students represented Johnston County well as the Lifesavers Conference The Board thanked JoCo Teen Drivers for the update and for their dedication 6 Public Hearing – Resolution Authorizing Proposed Plan of Refinancing Advertised The Smithfield Herald – March 22 , 2017 The Chairman announced that this was the date , place and hour fixed by the Board of Commissioners for a public hearing concerning a proposed plan of refinancing in an aggregate principal amount of up to 22,400,000 which plan would involve the entry by the County into one or more installment financing contracts with the Johnston County Finance Corporation the “ Corporation ” or one or more other third parties pursuant to North Carolina General Statutes 160A - 20 , as amended , the proceeds of which would be used to refinance all or a portion of one or more installment financing contracts previously executed and delivered by the County the “ Prior Contracts ” , which Prior Contracts paid all or a portion of the costs of acquiring , constructing and equipping various public facilities and related improvements and costs collectively , the “ Projects Under said one or more installment financing contracts , the County would secure the repayment by the County of the moneys advanced pursuant to such one or more installment financing contracts by granting a lien on or a security interest in all or some portion of the Projects financed by the Prior Contracts and or in all or some portion of the real property on which such Projects are located The plan of refinancing was described in the notice of public hearing published in The Herald on March 22 , 2017 the “ Notice ” The Board of Commissioners first ratified and approved the designation of the meeting as a public hearing on the proposed plan of refinancing , the publication of the Notice and the call of the public hearing It was then announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on such matter No one appeared , either in person or by attorney , to be heard on such matter or the advisability of the plan of refinancing and the Clerk to the Board of Commissioners announced that no written statement relating to said matters had been received by the Clerk or the Director of Finance The Chairman then closed the public hearing The Chairman then introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION APPROVING REFINANCING OF PRIOR INSTALLMENT FINANCING CONTRACTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 22,400,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH ; AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS , the Board of Commissioners desires to approve a proposed plan of refinancing in an aggregate principal amount of up to 22,400,000 , which plan would involve the entry by the County into one or more installment financing contracts with the Johnston County Finance Corporation the “ Corporation ” or one or more other third parties pursuant to North Carolina General Statutes Section 160A - 20 , as amended , the proceeds of which would be used to refinance all or a portion of one or more installment financing contracts previously executed and delivered by the County the “ Prior Contracts ” , which Prior Contracts paid all or a portion of the costs of acquiring , constructing and equipping various public facilities and related improvements and costs collectively , the “ Projects , and under said one or more installment financing contracts , the County would secure the repayment by the County of the moneys advanced pursuant to such one or more installment financing contracts by granting a lien on or a security interest in all or some portion of the Projects financed by the Prior Contracts and or in all or some portion of the real property on which such Projects are located ;Page0603 April 3 , 2017 – 10 00 am Continued WHEREAS , as part of said proposed plan of refinancing , the Corporation will execute and deliver one or more series of Limited Obligation Bonds representing an undivided right to receive payments under said one or more installment financing contracts in an aggregate principal amount not exceeding 22,400,000 to finance the advancement of moneys to the County pursuant to said one or more installment financing contracts between the County and the Corporation ; WHEREAS , there have been submitted to this meeting draft forms of the following documents the “ Financing Documents ” with respect to the refinancing of the Prior Contracts and the Projects 1 an Amendment Number One , proposed to be dated as of April 1 , 2017 the “ First Contract Amendment ” , to the Installment Financing Contract dated as of November 1 , 2010 the “ Original Contract ” and , as amended by the First Contract Amendment , the “ Contract ” , each between the County and the Corporation as counterparty , pursuant to which the Corporation will advance moneys to the County to refinance all or a portion of the Prior Contracts as defined in the First Contract Amendment and the Projects financed thereby and the County agrees to make periodic installment payments the “ Installment Payments ” to repay the moneys so advanced , with interest ; and 2 a Supplemental Indenture , Number 1 , proposed to be dated on or about April 1 , 2017 the “ First Supplement ” , between the Corporation and the trustee named therein , as trustee the “ Trustee ” , which supplements and amends the Indenture of Trust , dated as of November 1 , 2010 the “ Original Trust Indenture ” , between the Corporation and the Trustee , and pursuant to which there are to be executed and delivered the Limited Obligation Refunding Bonds County of Johnston , North Carolina , Series 2017 the “ 2017 LOBs ” , the proceeds of which will be used to advance the moneys to the County under the First Contract Amendment ; WHEREAS , the obligations of the County to make Installment Payments and other payments pursuant to the Contract shall constitute limited obligations of the County payable solely from currently budgeted appropriations of the County and shall not constitute a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation ; WHEREAS , no deficiency judgment may be rendered against the County in any action for breach of a contractual obligation under the Contract , and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract ; and WHEREAS , the Board of Commissioners desires to approve the Financing Documents and to authorize other actions in connection therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , as follows Section 1 All actions taken by or on behalf of the County to date to effectuate the proposed plan of refinancing , including the selection of Nexsen Pruet , PLLC , as special counsel or bond counsel , are hereby ratified , approved and authorized pursuant to and in accordance with the transactions contemplated by the Financing Documents Section 2 The Board of Commissioners hereby finds and confirms that i the refinancing of the Prior Contracts and the Projects by one or more installment financing contracts with the Corporation is necessary and expedient for the County ; ii refinancing of the Prior Contracts and the Projects by one or more installment financing contracts with the Corporation , under the circumstances , is preferable to a bond issue by the County ; iii the sums to fall due under said one or more installment financing contracts with the Corporation are adequate and not excessive for their proposed purpose ; iv the County’s debt management procedures and policies are good and its debt will continue to be managed in strict compliance with law ; v the increase in taxes , if any , necessary to meet the sums to fall due under said one or more installment financing contracts with the Corporation will not be excessive ; and vi the County is not in default regarding any of its debt service obligations Section 3 The refinancing of the Prior Contracts and the Projects , and the granting of security interests therein , all as provided in the Financing Documents referenced in this Resolution , are hereby ratified and approved Section 4 The Contract is hereby approved in substantially the form submitted to this meeting , and each of the Chairman of the Board of Commissioners or the County Manager is hereby authorized to execute and deliver each of those documents in the name and on behalf of the County , with such changes , insertions or omissions as the persons executing such documents may approve , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2017 LOBs , their execution and delivery thereof to constitute conclusive evidence of such approval The County Clerk is hereby authorized to affix the seal of the County to each of said documents as may be appropriate and to attest to the same Section 5 The First Supplement including the form of 2017 LOB therein is hereby approved in substantially the form submitted to this meeting , with such changes , insertions or omissions as appropriate , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2017 LOBs , as the representative s of the County executing the Contract may approve , the execution and delivery of the Contract to constitute conclusive evidence of such approval The Board of Commissioners hereby approves the sale of the 2017 LOBs by the Corporation in an aggregatePage1604 April 3 , 2017 – 10 00 am Continued principal amount not in excess of the amount of moneys to be advanced to the County pursuant to the First Contract Amendment Section 6 Each of the Chairman of the Board of Commissioners , the County Manager and the Director of Finance are authorized to approve all details of the refinancing of the Prior Contracts and the Projects , including , without limitation , the amount advanced under the First Contract Amendment and the aggregate principal amount of the 2017 LOBs which shall not exceed 22,400,000 , the maturities , the principal payments amounts and the interest amounts of the Installment Payments and the 2017 LOBs , which interest amounts calculated with respect to the 2017 LOBs shall not exceed 50 per annum on an effective interest cost basis and the prepayment terms and prices which shall not exceed 103 of the principal amount being prepaid Execution of the Contract by the Chairman of the Board of Commissioners or the County Manager shall conclusively evidence such approval of all such details of said financing Section 7 The Chairman of the Board of Commissioners , the County Manager , the Director of Finance and the County Attorney are hereby authorized to take any and all such further action , including approval of modifications to the Financing Documents , and to execute and deliver for and on behalf of the County such other documents and certificates including , without limitation , agreements with securities depositories , purchase contracts , escrow deposit agreements , financing statements , appropriate tax certificates and agreements and other documents and agreements including repurchase agreements relating to the investment of the proceeds from the execution and delivery of the First Contract Amendment as they may deem necessary or advisable to carry out the intent of this resolution and to effect the refinancing pursuant to the Contract and the other Financing Documents The County Clerk is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attest to the same and to execute and deliver the same as may be needed Section 8 The Director of Finance shall prepare and file a sworn statement of debt with the LGC and the Clerk to the Board in accordance with North Carolina General Statutes Section 159 - 150 Section 9 The County covenants that , to the extent permitted by the Constitution and laws of the State of North Carolina , it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986 , as amended the “ Code ” , in order to assure that interest paid with respect to the 2017 LOBs will not be includable in the gross income of the owners thereof for purposes of federal income taxation , except to the extent that the County obtains an opinion of bond counsel to the effect that noncompliance would not result in interest with respect to the 2017 LOBs being includable in the gross income of the owners of the 2017 LOBs for purposes of federal income taxation Section 10 This Resolution shall become effective immediately upon its adoption Thereupon , upon motion of Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , the foregoing resolution entitled “ RESOLUTION APPROVING REFINANCING OF PRIOR INSTALLMENT FINANCING CONTRACTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 22,400,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH ; AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS ” was passed by the following vote Ayes Commissioners Jeffrey P Carver , Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Keith Branch , and Larry Wood Noes None 7 Juvenile Crime Prevention Council – Proposed Budget for Fiscal Year 2017 - 2018 The Honorable Judge Addie Rawls , Juvenile Crime Prevention Council JCPC Chair , presented the Council’s proposed budget for Fiscal Year 2017 – 2018 and requested its approval The State’s allocation for Fiscal Year 2017 – 2018 is anticipated to be 251,231 , and the JCPC is requesting 59,000 from the County for the upcoming year Judge Rawls introduced JCPC Vice Chairman Steve Strickland in the audience She thanked Commissioner Chad M Stewart for his representation on the Council as well as County Manager Rick Hester and Finance Director Chad McLamb for their assistance Judge Rawls reviewed with the Board the proposed funding amounts for each of the programs that receive JCPC support , as follows We are mandated by statute to recommend to the Board of County Commissioners funding for dispositional alternatives for sentencing juveniles who have been adjudicated delinquent or undisciplined Currently , it costs each individual county 12200 per day for a juvenile that is held in detention and the State 126,401 per year for each juvenile that is committed to a Youth Development Center , formerly known as training school Currently Johnston County has at least 1 committed in training school There are three levels of sanctions Level 1 includes communityPage2605 April 3 , 2017 – 10 00 am Continued service , restitution , emergency home shelter and community based programs that target changing the negative behavior of delinquent youth Level 2 sanctions include community service and restitution , structured day and other out of home placements Level 3 is commitment to training school We recommend funding for the following programs Johnston County Youth Services This program has several components The Structured Day Program is used for juveniles who have been short and long term suspended from school and are on juvenile probation This a Level 2 sanction and is frequently used by the Court to prevent further delinquent behavior of youth suspended from the school system The actual cash money requested from the County is used to pay for the instructor in this program The State funds will not pay for an instructor and this program cannot exist without an instructor The next component is New Directions , which is a Guided Growth Program with a male group that meets twice a week and a female group that meets twice a week This program will address the needs of juveniles by providing mentors and counselors to deal with anger management , conflict resolution and problem solving The third component is Restoration Alternatives , a program that provides community service and restitution It is one of our most used programs and it actually provides restitution to victims of crimes The juveniles perform contract work for the citizens of Johnston County and the money paid is applied towards that juvenile’s court obligations The program coordinator of this program actually works on site with the juveniles and has limited part - time help Recommended Funding 201,661 , plus anticipated 39,000 county funds for instructor Healthy Choices This program will provide an environment for at - risk juveniles to become receptive to exploring their dysfunctional behavior and initiate change The means through which services are provided include group intervention , group activities , case management , and coordination with families , schools , social service agencies , and the courts A Nationally recognized curriculum is presented in a group setting focusing on a variety of possible deficits , including but not limited to , conflict resolution , anger management , social skills training , assertiveness training , and substance abuse Healthy Choices currently accepts children from all youth serving agencies in the County Recommended Funding 25,970 Preparing To Soar Teen Court Teen Court provides an alternative to prosecution of youth between the ages of 11 - 17 Youth are sanctioned with constructive sentences by a jury of their peers This program trains volunteers as courtroom clerks , bailiffs , jurors , defense and prosecuting attorneys Recommended Funding 20,000 , plus anticipated 20,000 county funds Administrative Budget These are funds set aside to cover the expenses of the committee which includes salary of the administrative assistant , mail and other administrative costs As a committee , we must advertise the availability of funds and meet at the very least on a monthly basis We currently have at least ten meetings per year and minutes are taken at these meetings Additionally , we provide for community awareness through conferences , yearly achievement recognitions of juveniles in our programs , training , and expenses of the board members The State allows us to set aside up to 15,000 , but we only allocate a minimum amount Any overage is usually allocated back to our programs Recommended Funding 3,600 Please note We have not increased our request of county matching funds Most of the 20 match required by each program is through in - kind services Our programs have gone out of their way to find other sources to meet the 20 match with the exception of 39,000 which is used to pay for the following Instructor in Structured Day Program ; Community Service Restitution Assistant ; also , to help pay for increased transportation expenses and utilities Total Anticipated Amount from State 251,231 Total Anticipated Requested from County 59,000Page3606 April 3 , 2017 – 10 00 am Continued Judge Rawls reported on the Preparing to Soar Teen Court program noting it has served 47 participants this calendar year so far and averages five hearings per teen court session She stated they have 25 volunteers that serve every third Tuesday each month and the total amount of community service hours both participants and volunteers from January through the present is 25750 hours Judge Rawls stated the juvenile delinquency numbers are down in Johnston County and they have seen significant improvement Judge Rawls offered to answer any questions Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the Juvenile Crime Prevention Council’s proposed budget for Fiscal Year 2017 - 2018 ; and further approved the 59,000 County allocation request , pending final adoption of the County Budget for Fiscal Year 2017 - 2018 8 Department of Social Services – Proclamation – Child Abuse Prevention Month April 2017 Department of Social Services Director Tina Corbett introduced DSS staff members Robert Tarpey , Amy Keith , and Jennifer Gaddis to talk about activities that will be going on this month as part of Child Abuse Prevention Month Mr Tarpey requested the Board to adopt the proclamation proclaiming April 2017 as Child Abuse th Prevention Month in Johnston County Mr Tarpey invited everyone to attend the Friday , April 7 kick - off event from 1 00 pm until 2 00 pm at the DSS Campus Building 3 to promote awareness for Child Abuse Prevention Month He stated the event will be in coordination with the Health Department’s Walk to Work Day that begins at 12 00 Noon Mr Tarpey stated child abuse has been on the up - rise and DSS teams work long hours every day to serve the children in Johnston County Mr Tarpey thanked the Board for considering the proclamation and offered to answer any questions At the inquiry of Commissioner Keith Branch , Mr Tarpey spoke on the amount of cases they have noting that approximately 30 of those cases are referred on for more investigation Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board adopted the following proclamation Child Abuse Prevention Month Proclamation Whereas , children are vital to our County and State’s future success , prosperity , and quality of life as well as being our most vulnerable assets ; and Whereas , all children deserve to have safe , stable , nurturing , and healthy homes and communities that foster their well - being ; and Whereas , child abuse and neglect is a public responsibility affecting both the current and future quality of life ; and Whereas , parents need support and resources to cope with stress and nurture their children to grow to their full potential ; and Whereas , effective child abuse prevention strategies succeed because of partnerships created among citizens , human service agencies , schools , faith communities , health care providers , civic organizations , law enforcement agencies , and the business community Now , Therefore , the Johnston County Board of Commissioners does hereby proclaim April 2017 as Child Abuse Prevention Month and calls upon all citizens , community agencies , faith groups , medical facilities , elected officials and businesses to increase their participation in our efforts to support families , thereby preventing child abuse and strengthening the communities in which we live Adopted this the 3rd day of April , 2017 9 CAMPO – Presentation of Southeast Area Study Capital Area Metropolitan Planning Organization CAMPO Deputy Director Alex Rickard , addressed the Board to present findings from the Southeast Area Study He stated the Southeast Area Study is the third land use transportation study and has been going on for almost two years Mr Rickard explained that Metropolitan Planning Organizations as well as Rural Planning Organizations are responsible for regional long range transportation planning and work with local governments and the Department of Transportation Mr Rickard stated Johnston County is covered by two different planning organizations with a little over a third of the County being covered by CAMPO Mr Rickard presented the following information to the Board Page4607 April 3 , 2017 – 10 00 am ContinuedPage5608 April 3 , 2017 – 10 00 am ContinuedPage6609 April 3 , 2017 – 10 00 am ContinuedPage7610 April 3 , 2017 – 10 00 am ContinuedPage8611 April 3 , 2017 – 10 00 am ContinuedPage9612 April 3 , 2017 – 10 00 am ContinuedPage0613 April 3 , 2017 – 10 00 am ContinuedPage1614 April 3 , 2017 – 10 00 am Continued Mr Rickard stated they are in the final stages of the study and while they are not requesting the Board to take any kind of action today , they would appreciate feedback that can be shared with the Executive Board Commissioner Allen L Mims , Jr asked if CAMPO takes into consideration legislation by the General Assembly noting that there is proposed legislation , House Bill 436 , that pertains impact fees which could affect future development in the County Mr Rickard stated he is not familiar with House Bill 436 , but CAMPO’s analyses looks at current available transportation funding and what is available for each type of road The Board thanked Mr Rickard for the information Page2615 April 3 , 2017 – 10 00 am Continued 10 Building & Grounds – Approval of Sole Source Purchase Contract Building & Grounds Director Daniel Clifton requested approval of a sole source purchase contract with Sumner Communications in the amount of 141,000 for replacement of the County - wide card access system Mr Clifton explained the current system is approximately 19 years old and is in need of replacement upgrading He noted funding for this project was included in the Fiscal Year 2016 - 2017 budget and the cost will be shared between the Building & Grounds Department , the Department of Social Services , and the Health Department Mr Clifton stated the sole source purchase will enable a transfer of the existing database and use of existing support hardware which will save on costs At the inquiry of Chairman Jeffrey P Carver , County Manager Rick Hester reported there could be an opportunity for reimbursement of some of the costs that DSS would fund and staff will be looking into those opportunities Commissioner Ted G Godwin moved the Board approve the sole source purchase contract with Sumner Communications in the amount of 141,000 for replacement of the County - wide card access system Commissioner Chad M Stewart seconded the motion which carried by unanimous vote 11 Public Utilities – Biosolids Facilities Improvements – Approval of Proposed Budget Public Utilities Director Chandra Coats , PE , reported the Fiscal Year 2016 2017 Public Utilities budget included 260,000 for capital expenditures at the County’s biosolids facilities Ms Coats explained the proposed project will include a new septic receiving station screen and a shelter to park filled trucks She stated in order to proceed with the proposed project , a capital project budget should be adopted The proposed project budget is as follows Biosolids Facilities Improvements Construction 260,00000 Total Phase I Cost 260,00000 Ms Coats stated funding for the project would be from 6879107400 , as is currently appropriated in the Fiscal Year 2016 2017 budget and she requested approval of the proposed capital project budget Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried unanimously , the Board adopted the capital project budget for the Biosolids Facilities Improvements , as presented by staff 12 Public Utilities – Wastewater Pump Station Upgrades Improvements – Approval of Proposed Budgets Public Utilities Director Chandra Coats , PE , reported the County’s Buffalo Creek Wastewater Pump Station receives wastewater flow from the Town of Selma , the Town of Pine Level and a portion of the Town of Smithfield She stated the pump station is currently at capacity and requires upgrades Ms Coats further explained that the County’s Pine Level Wastewater Pump Station receives flow from a portion of the Town of Pine Level and is nearing capacity , as well Ms Coats stated based on staff’s most recent flow projections and discussions with the towns related to proposed flows , staff recommends proceeding with the projects In order to proceed with the required upgrades , a capital project budget would need to be adopted for each project Ms Coats presented the following project budgets and requested their approval Buffalo WWPS Upgrade and Force Main – Phase I Design Design & Survey 150,00000 Total Phase I Project Cost 150,00000 Funding for the Buffalo WWPS Upgrade and Force Main – Phase I will be from 6879207400 150,000 was appropriated in the Fiscal Year 2016 2017 budget for Developer Sewer Line Upsizing No Developer Sewer Line Upsizing is expected to occur for FY 16 17 Pine Level WWPS Improvements Technical Services 30,00000 Survey & Land Acquisition 20,00000 Construction 400,00000 Total Project Cost 450,00000Page3616 April 3 , 2017 – 10 00 am Continued Funding for the Pine Level WWPS Improvements will be from 6879207400 as appropriated in the FY 16 17 budget Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board adopted the capital project budgets for the Buffalo Wastewater Pump Station Upgrade and Force Main Phase I – Design and the Pine Level Wastewater Pump Station Improvements , as presented by staff 13 Public Utilities – Resolutions for Proposed Water and Wastewater Loan Applications Public Utilities Director Chandra Coats , PE , explained the deadline to apply for the Spring round of loan and grant assistance administered through the NCDEQ Division of Infrastructure is April 30 , 2017 Ms Coats stated similar to the Fall 2016 round , this round of funding will include funds appropriated as part of the NC Connect Bonds , in addition to the traditional State Revolving Fund Loan program Ms Coats stated staff recommends submittal of funding applications for the following projects No Project Name Description Johnston County Water Treatment Plant Intake and plant improvements to increase total 1 20 MGD Expansion plant treatment capacity to 140 MGD Buffalo Wastewater Pump Station Upgrade Upgrades to the existing Buffalo Creek 2 and Force Main wastewater pump station and a new force main Ms Coats requested the Board’s consideration of two resolutions authorizing the submission of loan and grant applications and designating signatory authority to Rick J Hester , County Manager Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Larry Wood , and carried unanimously , the Board adopted the following two resolutions RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of drinking water treatment works projects , and WHEREAS , The County of Johnston has need for and intends to construct a drinking water treatment works project , Johnston County WTP 20 MGD Expansion , and WHEREAS , The County of Johnston intends to request state loan assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISIONERS OF THE COUTY OF JOHNSTON That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the County of Johnston to make scheduled repayment of the loan , to withhold from the County of Johnston any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan to aid in the construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application Page4617 April 3 , 2017 – 10 00 am Continued That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto rd Adopted this the 3 of April , 2017 at Smithfield , North Carolina RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater collection system projects , and WHEREAS , The County of Johnston has need for and intends to construct a wastewater collection system project , Buffalo WWPS Upgrade & Force Main , and WHEREAS , The County of Johnston intends to request state loan assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISIONERS OF THE COUTY OF JOHNSTON That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the County of Johnston to make scheduled repayment of the loan , to withhold from the County of Johnston any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan to aid in the construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable