May 3, 2021 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 113 Meeting of the Johnston County Board of Commissioners May 3 , 2021 10 00 am The Johnston County Board of Commissioners met in regular session Monday , May 3 , 2021 at 10 00 am in the Auditorium of the Johnston County Agricultural Center located at 2736 NC Highway 210 in Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , Finance Officer and Deputy County Manager J Chad McLamb , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 10 00 am Commissioner Patrick E Harris opened the meeting with a prayer Commissioner Ted G Godwin led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Butch Lawter , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – April 5 , 2021 10 00 am and 6 00 pm ; April 12 , 2021 ; and April 19 , 2021 B Call for Public Hearing – Proposed County Budget for FY 2021 - 2022 The Board scheduled a public hearing for the June 7 , 2021 10 00 am meeting on the proposed budget for FY 2021 – 2022 C Proclamation – EMS Week – May 16 - 22 , 2021 , adopted as follows Proclamation Emergency Medical Services Week May 16 – 22 , 2021 WHEREAS , emergency medical services is a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day , seven days a week ; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury ; and WHEREAS , the emergency medical services system consists of emergency physicians , emergency medical technicians , paramedics , firefighters , educators , administrators , telecommunicators and others ; and WHEREAS , the members of emergency medical services teams , whether career or volunteer , engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills ; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week NOW , THEREFORE BE IT RESOLVED , that the Board of Commissioners of Johnston County , does hereby proclaim May 16 – 22 , 2021 as Emergency Medical Services Week in Johnston County , in recognition of this event rd Adopted this the 3 day of May , 2021 D Request to Surplus Vehicle Per the request of the Buildings & Grounds Department , the Board declared the following vehicle surplus and approved for it to be sold at the next public auction to be scheduled by the Sheriff’s Office 2005 Chevrolet Silverado 4 x 4 VIN # 1GCEK19Z85Z218410 Mileage 165,265Page114 May 3 , 2021 – 10 00 am Continued E Tax Releases & Refunds – 03 16 2021 – 04 15 2021 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 19 2021 12 31 19 PM ALassiter 2019 - 115426 2000185330 WARD , WILLIAM E 67972 3 29 2021 11 10 48 AM dwoodward2 2021 - 201538 2000037078 SMITH , WILLIAM W JR 76543 3 29 2021 11 12 45 AM dwoodward2 2021 - 201540 2000210973 OLD BROGDEN FARMS , LLC 93126 3 29 2021 11 14 18 AM dwoodward2 2021 - 201541 2000087508 D & P LAND LLC 93126 3 29 2021 11 24 07 AM dwoodward2 2021 - 201559 2000087508 D & P LAND LLC 1,36129 3 29 2021 11 25 31 AM dwoodward2 2021 - 201558 2000087508 D & P LAND LLC 1,36129 3 29 2021 11 27 19 AM dwoodward2 2021 - 201555 2000087508 D & P LAND LLC 79093 3 29 2021 11 33 25 AM dwoodward2 2021 - 201554 2000087508 D & P LAND LLC 45468 3 29 2021 11 34 39 AM dwoodward2 2021 - 201553 2000087508 D & P LAND LLC 45468 3 29 2021 11 36 20 AM dwoodward2 2021 - 201552 2000087508 D & P LAND LLC 31850 3 29 2021 11 45 20 AM dwoodward2 2021 - 201550 2000087508 D & P LAND LLC 65545 3 29 2021 11 47 07 AM dwoodward2 2021 - 201549 2000087508 D & P LAND LLC 65545 3 29 2021 11 48 26 AM dwoodward2 2021 - 201543 2000087508 D & P LAND LLC 52836 4 9 2021 8 49 35 AM ALassiter 2020 - 200988 2000199827 ADVENTIST WORLD AVIATION 87494 4 12 2021 2 58 29 PM ALassiter 2020 - 98548 2000199729 US TOBACCO COOPERATIVE INC 1,83869 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 16 2021 3 28 06 PM LOCKBOX 2020 - 34474 2000215933 FREDA , ANTHONY 69578 3 16 2021 3 28 06 PM LOCKBOX 2020 - 36867 2000189870 GFORCE FOODS LLC 26409 3 16 2021 3 28 06 PM LOCKBOX 2020 - 102586 2000206640 WENDT , EDWARD JR 1,07165 3 17 2021 11 13 38 AM tcronan 2020 - 81178 2000188404 REID , CURTIS 1,01500 3 17 2021 1 47 50 PM Jodee Langdon 2020 - 117701 2000212244 VGG HOLDINGS , LLC 37655 3 19 2021 2 50 06 PM LOCKBOX 2020 - 92706 2000006043 STEVENS , LYNDWOOD RAY 53544 ESTATE 3 25 2021 2 57 27 PM LOCKBOX 2018 - 59010 2000158502 LEES AUTO PARTS SALES & SVC 11487 3 26 2021 3 00 25 PM jmorrow 2020 - 30420 26835722 DURHAM , JERRY D 60094 3 26 2021 3 24 07 PM LOCKBOX 2020 - 95138 2000195638 TEMPLE , ROGER PATTON 19709 4 1 2021 3 35 40 PM LOCKBOX 2020 - 27957 2000155813 DIXON , LORRAINE HALL 87528 4 1 2021 3 35 40 PM LOCKBOX 2020 - 101532 92985801 WEEKS , KENNETH RAY 26527 4 12 2021 9 08 56 AM tcronan 2020 - 3911 2000217058 ARMWOOD , BOBBY CHARLES 63552 4 12 2021 12 04 14 PM tcronan 2020 - 20385 2000098080 CHAPPELL , MICHAEL ANTONIO 10000 4 12 2021 4 08 36 PM LOCKBOX 2020 - 63292 2000028552 MATHIAS , K A INC 12083 4 15 2021 3 14 30 PM LOCKBOX 2020 - 53937 2000148304 KHRAIM , FATIMA 1,33416 4 15 2021 3 14 30 PM LOCKBOX 2020 - 53938 2000148304 KHRAIM , FATIMA 53942 North Carolina Vehicle Tax System - Pending Refund Report – March 2021 100 + Payee Name Bill # Transaction Refund Total Change # Reason ANDREWS , 0058182448 281918564 Situs error 000 TONY ALTON 12050 2114 4017 13953 BATEMAN , 0015508589 141214636 Adjustment 6327 JANICE 4745 FLOWERS 11072 CREASY , SEAN 0015497896 142917600 Adjustment 10488 Page115 May 3 , 2021 – 10 00 am Continued CHRISTOPHER 1001 11489 HANSEN , 0058565651 213292539 Adjustment 12570 CHARLES ROY 6947 992 20509 HARVEY , 0059474648 282572984 Situs error 000 JAMES BARRY 11297 1586 3766 13477 HITCHENS , 0059484420 141469330 Adjustment 9519 DAVID 908 LEGRANDE 10427 MCPEAK , 0059536637 141542254 Military 19448 ALYSSA 14330 KRISTIN 33778 VARELA , 0051015959 141683856 Military 12537 VICTOR 1938 MANUEL JR 14475 April 20 , 2021 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 3 15 21 to 4 15 21 Tax refunds - Personal Real Property 36886 Motor Vehicle Release Refund 21965 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 COVID - 19 Updates Health Director Dr Marilyn Pearson began by thanking all the partners , volunteers , and staff that continue to assist the Health Department with the response to the COVID - 19 Pandemic Dr Pearson stated the number of positive cases Johnston County has had now totals over 20,000 and the current positivity rate is 7 Dr Pearson stated there has been 220 deaths and they are currently responding to one outbreak She stated hospitalizations are improving which is a good thing Dr Pearson stated testing continues as well as the vaccination clinics and they are now offering appointments and walk - in vaccines at the Health Department Dr Pearson reported that even though the Governor is beginning to relax some of the Executive Orders , citizens must continue to take steps to help decrease the spread of the virus 4 Public Comments A Celebrate Cleveland Committee – Request for Temporary Road Closure Cleveland Fire Chief Chris Ellington reported the Celebrate Cleveland Committee will be holding their th July 4 event at the old Cleveland School campus JCC Cleveland campus area which is located at 9046 Cleveland Road on July 5 , 2021 Chief Ellington stated they have requested permission from the North Carolina Department of Transportation to temporarily close a portion of Cleveland Road for approximately an hour to hold the parade He stated part of the permit process by the Department of Transportation requires written acknowledgment and approval from the local government of jurisdiction where the event is being held Chief Ellington requested the Board’s approval to temporarily close the road for the parade on July 5 , 2021 from 10 00 am until approximately 10 45 am Chief Ellington stated they will work with the Johnston County Sheriff’s Office as well as the Highway Patrol on the closure Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Fred J Smith , Jr , and carried unanimously , the Board approved the request by the Celebrate Cleveland Committee to temporarilyPage116 May 3 , 2021 – 10 00 am Continued close a portion of Cleveland Road on July 5 , 2021 from 10 00 am until approximately 10 45 am , subject to them obtaining the proper permits and working with the Johnston County Sheriff’s Office and the Highway Patrol B Comments from Citizen David Johnson David Johnson , 39 Sassafras Lane , Clayton , recalled that he has spoken to the Board at a number of meetings regarding property he owns at 1621 S Brightleaf Boulevard in Smithfield Mr Johnson reiterated that flooding issues continue at the property due to a culvert underneath the CSX railroad Mr Johnson stated he plans to continue appearing before the Commissioners during Public Comment until someone can either help him facilitate a resolution to the problem , or he is told that nothing can be done The Board discussed the issue with Mr Johnson Commissioner Patrick E Harris stated he has had conversations with officials at the Town of Smithfield who informed him the issue is that while CSX is willing to help fix the problem , they have requested the Town to assume any future liability of the culvert Commissioner Harris stated the real issue is not about fixing the problem but about who is willing to assume that future liability County Manager Rick Hester agreed with Commissioner Harris noting that in his recent conversations with the Smithfield Town Manager and Mr John Dillard of CSX Railroad , the issue concerns future liability Mr Hester stated he believes there may be litigation involved ; however , he is willing to try to set up a future meeting with all parties 5 Keep America Beautiful – Presentation to the Board County Manager Rick Hester stated the Board has been discussing litter for some time and he noted it is a problem for everyone Mr Hester stated in an effort to look at ways to alleviate the litter problem , he contacted representatives from Keep America Beautiful and asked them to speak to the Board Mr Hester introduced Angela Kite of the Raleigh Keep America Beautiful office Ms Kite provided the Board with an overview of the Keep America Beautiful organization and the benefits of a membership She stated their mission is “ to inspire and educate people to take action every day to improve and beautify their community environment ” Ms Kite presented the following information to the Board PagePage pageNumber5117 May 3 , 2021 – 10 00 am ContinuedPagePage pageNumber6118 May 3 , 2021 – 10 00 am ContinuedPagePage pageNumber7119 May 3 , 2021 – 10 00 am ContinuedPagePage pageNumber8120 May 3 , 2021 – 10 00 am ContinuedPagePage pageNumber9121 May 3 , 2021 – 10 00 am Continued Ms Kite concluded her presentation and offered to answer any questions The Board thanked Ms Kite and took the information under advisement 6 Health Department – Approval of Fiscal Year 2021 - 2022 Fee Schedules Assistant Health Director Steve Strickland reviewed the proposed Fiscal Year 2021 - 2022 fee schedules for the Behavioral , Preventive , and Environmental Health Divisions with the Board Mr Strickland stated there are minor changes recommended for the Environmental Health schedule to ensure rates are comparable to otherPage0122 May 3 , 2021 – 10 00 am Continued counties and to help offset the cost of those various services He noted changes in the Preventive Health and Behavioral Health schedules represent adjustments from payers such as Medicaid and Medicare to ensure the rates are above what they pay , which allows the Health Department to receive full reimbursement Mr Strickland offered to answer any questions Commissioner Patrick E Harris stated the Board of Health reviewed the proposed fee schedules at their April 13 , 2021 meeting and voted unanimously to recommend their approval Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the fee schedules as follows for Fiscal Year 2021 - 2022 for the Behavioral , Preventive , and Environmental Health Divisions Page1123 May 3 , 2021 – 10 00 am ContinuedPage2124 May 3 , 2021 – 10 00 am ContinuedPage3125 May 3 , 2021 – 10 00 am ContinuedPage4126 May 3 , 2021 – 10 00 am Continued 7 Parks , Greenways , and Open Space Coordinator – Draft Recreation Master Plan Parks , Greenways , and Open Space Coordinator Adrian O’Neal reported that in 2015 the Johnston County Sports Council attempted a Recreation Master Plan ; however , the Board of Commissioners did not formally adopt it at that time Mr O’Neal continued that when he began his position with Johnston County , having an updated and adopted Recreation Master Plan was one of the first things he hoped to see completed Mr O’Neal noted that by having an adopted plan , it allows the County to be eligible for more grant funding opportunities as well as offers a set of goals to follow moving forward Mr O’Neal stated the Board of Commissioners allocated funds towards a master plan and the County contracted with Sage Design of Wilmington , North Carolina Mr O’Neal introduced Sara Burroughs of Sage Design Ms Burroughs thanked the Board for allowing her the opportunity to work on the master plan She presented the following information to the Board Page5127 May 3 , 2021 – 10 00 am ContinuedPage6128 May 3 , 2021 – 10 00 am ContinuedPage7129 May 3 , 2021 – 10 00 am Continued Commissioner Butch Lawter commented that as the County continues to grow , the quality of life issue is very important and the plan helps with guidance on how to move forward as it relates to trails , greenways , and other recreational opportunities At the inquiry of Chairman Chad M Stewart , Ms Burroughs stated overall they are seeing an increase in the desire for access to open space in general She stated a demand is still there for athletic fields , but open space in general is important Upon a question by Commissioner Lawter , Ms Burroughs stated access to trails and greenways is in high demand and she would like to see the individual greenway plans in Johnston County bridged together in a countywide initiative Mr O’Neal asked the Board to take the draft plan under advisement and if there are no objections , he plans to ask the Board to adopt it at the May 17 , 2021 meeting 8 Tax Appeal – WLT Matthews , Inc Request for Refund Tax Administrator Jocelyn Andrews stated the Board is being asked to consider a request for refund of 2016 , 2017 and 2018 Johnston County and Town of Kenly property taxes from Thomas R Matthews and Lisa W Matthews regarding WLT Matthews , Inc in the amount of 4,21920 Ms Andrews explained that George W Ballance , Jr , recorded a subdivision plat Plat Book 81 , Page 275 on May 28 , 2015 and a deed Deed Book 4607 , Page 299 on June 04 , 2015 The deed conveyed Lot 2 of newly recorded plat to WLT Matthews , Inc She stated the Tax Office processed the deed on June 09 , 2015 at 11 21 am and the plat on the same day , at 03 40 pm and processing the deed prior to the plat caused the transfer of all of Mr Ballances parcel to WLT Matthews , Inc in the tax records Ms Andrews stated as a result , both of the subject parcels were listed and billed to WLT Matthews , Inc Ms Andrews continued that Johnston County tax assessments and listing forms were sent to WLT Matthews , Inc in each subsequent year with listing forms for the years 2016 , 2017 and 2019 signed and returned to the Tax Administration office by the taxpayer with no changes and taxes were timely remittedPage8130 May 3 , 2021 – 10 00 am Continued through tax year 2018 Ms Andrews stated Lisa Matthews contacted the Tax Office on or about December 13 , 2019 questioning the tax record related to this parcel at which time the 2019 tax bill was released and rebilled Ms Andrews stated upon staff’s research of the matter it was determined that there was an error by the Tax Office She stated the error was fixed for 2019 because it was within the timeframe that the Tax Office could fix the error Ms Andrews stated pursuant to General Statutes , the Tax Office does not have the authority to offer a refund for the prior years and it must be considered by the Board of Commissioners Upon a motion by Commissioner Larry Wood , seconded by Commissioner Fred J Smith , Jr , and carried unanimously , the Board approved the refund request in the amount of 4,21920 9 Register of Deeds – Request for Refund of Excise Tax County Attorney Jennifer Slusser submitted and recommended approval of a refund of excise tax to Hankin & Pack , PLLC , in the amount of 3600 A General Warranty Deed was recorded with the wrong amount of excise tax in the amount of 55100 in Johnston County A Corrective Affidavit was submitted reflecting the corrected amount of excise tax in the amount of 51500 As a result , Hankin & Pack , PLLC’s recording account was charged an additional 3600 for the first recording Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved the request for refund of excise taxes in the amount of 3600 to Hankin & Pack , PLLC 10 Budget Revisions At the request of Finance Director and Deputy County Manager Chad McLamb , Commissioner Tony Braswell moved the Board approve the following budget revisions , seconded by Commissioner Larry Wood , and carried by unanimous vote Emergency Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53557400 Capital Outlay 210,00000 10 53553600 Uniforms 20,01401 10 535535155 CARES Act Provider Relief Funds 230,01401 TOTAL NET EXPENDITURES 000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE TOTAL NET REVENUE Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51000201 Salaries – Overtime 3,90704 10 51000300 Salaries – Part - time 29,99792 10 51001700 Vehicles 52000 10 51004300 Special Services 60681 10 51007400 Capital Outlay 25,78515 10 51007414 Capital Outlay – Sheriff 69613 10 51007418 Capital Outlay – Drug Seizure 8,44772 TOTAL NET EXPENDITURES 69,96077 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE Page9131 May 3 , 2021 – 10 00 am Continued 10 510032106 Controlled Substance Tax 69613 10 510032509 Insurance Recovery 25,78515 10 510033099 Miscellaneous Revenue 34,51177 10 510035104 Sheriff Fees 52000 10 510035160 Federal Equitable Sharing 8,44772 TOTAL NET REVENUE 69,96077 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001900 General Assistance 2,01273 10 61003200 Office Supplies 520 10 61004515 Program Expense 1,96607 10 61006380 Links 010 10 61101909 Crisis 138 10 61101917 LIEAP Program 1,30000 10 61354523 Contract and Program Expense 5,32500 10 61401902 State County General Assistance 18,39600 10 61401905 IV - E Foster Care 13642 10 61401906 State Foster Care 2,96987 10 61451905 IV - E Foster Care 69818 TOTAL NET EXPENDITURES 32,81095 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 32,81095 TOTAL NET REVENUE 32,81095 11 Appointments Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Larry Wood , and carried unanimously , the Board made the following appointments and granted waivers in the length of service policy where needed A Fire Protection District Commissions The following appointments reappointments are for two year terms to expire on April 30 , 2023 Claytex – Reappointed Robert Brian Maynard and Mark Morris Selma – Reappointed John Talton and granted a waiver in the length of service policy Shoeheel – Reappointed James L Hodge and granted a waiver in the length of service policy ; and appointed Stephen Pittman Smithfield – Reappointed Mark Lane and granted a waiver in the length of service policy B Firefighters Relief Fund Board of Trustees The following appointments reappointments are for two year terms to expire on April 30 , 2023 Bentonville – Reappointed Porter Jones Shoeheel – Appointed Matthew Ryan Blackman C Pleasant Grove Community Building Board of Trustees – Appointed Natalie Rouse for a two year term to expire on April 30 , 2023 Page0132 May 3 , 2021 – 10 00 am Continued 12 Delinquent Tax Collection Report Tax Administrator Jocelyn Andrews reported on the collection of delinquent taxes for the month of March She presented the following information Enforced Collections March 2021 YTD 20 21 Wage Garnishments 33 132 Bank Attachments 55 187 Levies 0 0 Foreclosures Complaints Filed March 2021 0 Pending 15 Dollars Collected March 2021 3,75479 Sale Date May 6 , 2021 Levy Amount and Collections to Date 2020 Real and Personal Levy 2019 Real and Personal Levy As of March 31 , 2021 As of March 31 , 2020 151,026,49283 Levy 142,430,77903 Levy 149,192,65699 Payments 140,799,55152 Payments 1,833,83584 Balance 1,631,22751 Balance 9879 Collected 9885 Collected - 006 RMV – NCVTS Collections March 2021 March 2020 1,889,93099 1,335,67348 YTD 20 21 - 13,595,08678 YTD 19 20 - 11,965,34547 13 Manager Reports and Comments A Approval of Agreement with Davenport Per the request of staff , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the following agreement between the County and Davenport & Company LLC for financial advisory services AGREEMENT BETWEEN JOHNSTON COUNTY , NORTH CAROLINA AND DAVENPORT & COMPANY LLC FOR PROFESSIONAL FINANCIAL ADVISORY SERVICES THIS AGREEMENT the “ Agreement ” , made in duplicate in Johnston County , North Carolina , as of April 1 , 2021 by and between the County of Johnston , a political subdivision organized and existing under the laws of the State of North Carolina , herein - referred to as the “ County , ” the current address of which is 207 E Johnston Street , Smithfield , North Carolina 27577 , and Davenport & Company , LLC , organized and existing under the laws of the Commonwealth of Virginia , herein referred to as the “ Financial Advisor ” and or “ Davenport , ” the business address of which is 901 East Cary Street , Richmond , Virginia 23219 WHEREAS , the County desires to enter into an Agreement with Davenport & Company , LLC for professional assistance related to financial advice , counsel and other associated services deemed appropriate by the County ; and , WHEREAS , the Financial Advisor represents that it is duly authorized and qualified to provide the aforesaid services NOW , THEREFORE , in consideration of the mutual covenants , promises and representations contained herein , the parties hereto agree as follows ARTICLE I PROGRAM ADMINISTRATOR The County Manager or Deputy Manager of the County hereinafter referred to , as the “ County Manager ” is the administrator in charge of all activities associated with this Agreement Page1133 May 3 , 2021 – 10 00 am Continued ARTICLE II SCOPE OF SERVICES A Advisory & Consulting Services The Financial Advisor shall , using its professional staff members , provide financial advice , counsel and other associated services deemed appropriate to the County B Non - Transaction Related Services For non - transaction related activities , the services to be provided shall include , but not be limited to the following 1 Provide pertinent advice and counsel for the duration of this Agreement to the County concerning developments in the financial community in general and municipal finance in particular , to enable the County to remain in the best possible financial posture 2 Develop financial analysis programs and computer models to be used in conjunction with the County’s financing program s using mutually agreed upon software and hardware compatible with the County’s computer system 3 Review and advise on special projects as requested by the County Manager 4 Provide such other financial advisory services deemed appropriate by the County 5 Present , on an annual basis , a Report to the Board of County Commissioners on the status of the County’s financial standing 6 Meet with County Staff and members of the County Board , as requested by County Staff , to discuss , review , revise any Capital Plans 7 Monitor the County’s portfolio of outstanding debt obligations on an on - going basis for refunding refinancing opportunities 8 Review capital projects contemplated by the County and work with the County Manager and other officials in developing options , plans and strategies for financing planned capital improvements , taking into consideration costs and the effects that various alternatives have on the County’s financial position 9 Provide such other financial advisory services deemed appropriate by the County C Transaction Related Services For each financial transaction the services to be provided shall include , but not be limited to , the following 1 The Financial Advisor shall develop a time schedule to assure that all work is begun and accomplished in a timely manner including all work associated with any financings 2 Assist County officials in developing information to be presented to bond rating services , banking institutions , or other financial institutions in order to achieve the highest bond rating realistically achievable Accompany officials in all presentations to the rating services or other banking financial institutions 3 The Financial Advisor shall analyze and make recommendations with respect to whether the sale of bonds should be a competitive sale , a negotiated sale , a direct bank placement , or other financing mechanism 4 The Financial Advisor shall assist the County’s staff in the selection of a single or a group of bond underwriting firms the “ Underwriters ” for the negotiated sale of bonds The Financial Advisor shall assist in the selection of a Banking Institution in the event of a direct bank placement The Financial Advisor’s functions in this regard shall include the following basic actions as required requested for each bond issue a Developing requests for proposals ; b Conducting a pre - interview conference with County staff to facilitate preparedness in evaluating the Underwriter proposals and to better enable the County staff to conduct oral interviews ; c Assisting and participating in the oral interview and selection process ; and , d Upon selection of the Underwriting team , the Financial Advisor shall assist the County staff and Bond Counsel in bringing the Underwriters and related parties up - to - date in as timely a fashion as possible , providing a smooth transition in order that the County’s ongoing process of issuing bonds will experience no delay or inconvenience 5 Assist and advise in the development of debt service coverage ratios , reserve funds or other structural components as requested 6 Assist in the procurement and negotiation of credit support mechanisms as needed 7 The Financial Advisor shall assist in the preparation and development of the financing documents , any credit presentations to the rating agencies and the printing of the Official Statement or other offering document It is understood by the parties hereto that primary responsibilities for the above - mentioned legal functions will rest with the Bond Counsel and , as such , the Financial Advisor will not assume primary responsibility for initiating any legal documents a However , the Financial Advisor shall be responsible for reviewing all documents and attending all sessions and presentations , as well as reviewing and providing financial comments upon all documents as to form and content in order to best protect the County’s interests in any and all such documents and presentations ; and b The Financial Advisor shall assist , as necessary , together with the County and the Local Government Commission “ LGC ” , assist in the preparation of the Official Statement used in conjunction with the sale of bonds Page2134 May 3 , 2021 – 10 00 am Continued 8 In the event of a competitive or negotiated sale of bonds , the Financial Advisor shall assist the County in the sale of bonds to the Underwriters Relative to this process , the Financial Advisor shall recommend to the County the general timing for the competitive or negotiated sale of said bonds , specific bond purchase contract requirements , good faith deposit checks , as necessary , bond maturities , interest rates and the discount or premiums being offered by the Underwriters 9 The Financial Advisor shall be responsible for working with the County’s staff to insure that the coupons , yields , and discount or premiums being offered by the Underwriter are reasonable ARTICLE III COMPENSATION A Advisory & Consulting Services The Financial Advisor will be compensated for Advisory & Consulting services and Non - Transaction Related services at the rates of two hundred eighty five dollars 285 per hour for Senior Vice Presidents , two hundred sixty dollars 260 per hour for First Vice Presidents and Vice Presidents , two hundred thirty five dollars 235 per hour for Associate Vice Presidents , and , two - hundred ten dollars 210 per hour for Analysts After an initial three - year period , hourly rates can be adjusted to mutually agreed upon levels All such compensation shall be paid only for hours actually spent by Davenport in performing work for the County as authorized by the County Manager and or the Director of Finance Payment shall not be due until the work has been performed to the County’s satisfaction In the event of an early termination of this Agreement , Davenport shall receive compensation only for work that has been performed but not yet paid B Transaction Related Services The County of Johnston and the Financial Advisor agree that the Financial Advisor shall be compensated based on an agreed upon completion fee Such fee shall be calculated based on a per thousand dollars of principal amount of bonds or notes issued The agreed upon per bond compensation to Davenport is 120 per bond per 1,000 of debt issued as calculated on a transaction - by - transaction basis The compensation for Transaction Related Services shall be subject to a 60,000 maximum per individual transaction and a 25,000 minimum per individual transaction unless mutually agreed upon in writing by the Financial Advisor and the County prior to the onset of the financing After an initial three year period , per bond rates can be adjusted to mutually agreed upon levels C Special Projects The County , in its sole discretion , may deem certain activities of the Financial Advisor to constitute a Special Project A Special Project is one that either , in the sole opinion of the County , involves the professional resources of the Financial Advisor to a degree above and beyond that already provided for the Agreement , or , that involves a Project Project s not contemplated under this Agreement In either of these events , the County and the Financial Advisor shall negotiate prior to the beginning of the Project on a fair and equitable basis for compensation This determination will allow the County to negotiate with the Financial Advisor D Reimbursement for Fee and Out - of - Pocket Expenses While performing work contemplated under all sections and subsections of ARTICLE II , the Financial Advisor shall be entitled to reimbursement of reasonable and necessary out - of - pocket expenses Automobile travel will be reimbursed at the maximum rate allowed by the Federal government Incidental expenses such as telephone , fax , computer time and other direct costs that are not easily allocable to a certain project s will be billed at a rate of up to four percent 4 of the earned fee Other expenses including but not limited to lodging , meals , postal shipping charges , will be billed at cost ARTICLE IV DIRECT PERSONNEL EXPENSE The Financial Advisor represents that it has , or will secure at its own expense all personnel required in performing the services under this Agreement Such personnel shall not be employees of , nor have any contractual relationship with , the County Further , all services required hereunder will be performed by the Financial Advisor or under its supervision , and all personnel engaged in the work shall be fully qualified to perform such services ARTICLE V TERM OF AGREEMENT The initial term of this Agreement shall be three years from April 1 , 2021 to December 31 , 2023 The County has the option to extend the term of this Agreement for two additional two 2 year terms The County may exercise the option for additional two year periods by notifying Davenport of its election All other contracts by the parties hereto that have not been completed prior to the execution of this Agreement shall continue in effect to the extent they do not conflict with this Agreement ARTICLE VI GENERAL CONDITION A Cancellation of Agreement 1 This agreement is subject to cancellation by either party on thirty 30 days advance written notice to the other at its address as hereinabove specified However , in the event bonds are sold , the Financial Advisor shall continue to render services relating to the issuance of bonds or notes by the County until successful completion of the bond issue or until a transition of the Financial Advisor’s duties can be made to other parties 2 In the event of such a cancellation and if the Financial Advisor claims it is entitled to compensation for any reimbursement expenses necessarily incurred in the satisfactory performance of the provisions of this Agreement to date of cancellation , it shall comply with Article III , D hereof B Compliance with Local , State and Federal Rules , Regulations and Laws The Financial Advisor shall comply with all applicable laws , order and codes of the Federal , State , and local Governments as they pertain to this Agreement Page3135 May 3 , 2021 – 10 00 am Continued C Equal Employment Opportunity It is the policy of the Financial Advisor to provide equal employment opportunity to all persons without regard to their age , race , color , religion , sex , national origin , physical disability or handicap Personnel , which include recruiting and hiring , selection for training , compensation , transfer , working conditions , benefits and privileges , promotion and termination will be administered to all employees without discrimination In pursuing this policy , it is the Financial Advisor’s intention to further the principles of equal employment opportunity by the employment of minority groups and women , within the constraints of availability and appropriate qualifications Promotion decisions will continue to be made in accord with the principles of equal employment opportunity in all personnel actions aimed at assuring true equality of employment and a work environment without discrimination D Interest of Members of the County No members of the governing body of the County and no other official , employee or agent of the County who exercises any functions or responsibility in connection with the carrying out of the services to which this Agreement pertains , shall have any personal interest , direct or indirect , in this Agreement E Findings Confidential Unless otherwise required by law , all of the reports , information , data , etc , prepared or assembled by the Financial Advisor under the Agreement are confidential ; and the Financial Advisor agrees that the same shall not be made available to any individual or organization without prior approval of the County F Ownership of Documents All documents prepared or obtained by the Financial Advisor are , and shall remain , the property of the County G Prohibition Against Contingent Fees The Financial Advisor warrants that it has not employed or retained any company or person , other than a bona fide employee working solely for the Financial Advisor , to solicit or secure this Agreement , and that it has not paid or agreed to pay any person , company , corporation , individual or firm , other than a bona fide employee working solely for the Financial Advisor , any fee , commission , percentage , gift , or any other consideration , contingent upon or resulting from the award or making of this Contract H No Agency Relationship The Financial Advisor is not the agent , subagent or representative of the County ; and this Agreement shall not make the County liable to any person , firm , corporation or other who contracts with or provides goods or services to the Financial Advisor in connection with the services it has agreed to perform hereunder or otherwise for debts or claims accruing to such parties against the Financial Advisor ; and there is no contractual relationship , either express or implied , between the County and any other person , firm , corporation or other supplying any work , labor services , goods or materials to the Financial Advisor as a result of its services to the County or otherwise I Non - assignability The Financial Advisor may not assign , delegate , sublet or otherwise dispose of the Agreement , or the services to be performed hereunder , or the rights accruing thereto without the prior written consent of the County Manager or his designee , as authorized by the County’s Board of Commissioners J Assurance of County The County agrees to cooperate fully with the Financial Advisor in its fulfillment of the duties specified in the Agreement Without limiting the foregoing , the County shall make available to the Financial Advisor any information the County possesses relevant to the services to be undertaken by the Financial Advisor , and appropriate members of the County’s staff for assistance to and or consultation with the Financial Advisor K Liability The Financial Advisor’s liability with respect to services rendered under this Agreement shall be limited to the amount of compensation previously received by the Financial Advisor related to such services L Headings All headings and descriptive headings of paragraphs are inserted for convenience only and shall not affect the construction or interpretation thereof IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed at the place and on the day hereinabove first mentioned B Consultant for Solid Waste Disposal Funding County Manager Rick Hester updated the Board regarding consulting services for solid waste disposal Mr Hester stated a contract with Garrett & Moore has been executed at a cost not to exceed 33,920 and they will perform a full analysis of the solid waste convenience sites system Mr Hester stated he plans to invite representatives from Garrett & Moore to a future meeting to introduce themselves to the Board C Settlement with The Wooten Company Per the request of County Attorney Jennifer Slusser , upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the following settlement agreement with The Wooten Company for the Swift Creek Interceptor & Pump Station Project Page4136 May 3 , 2021 – 10 00 am Continued SETTLEMENT AGREEMENT This Settlement Agreement “ Agreement ” is made and entered into by and between the following parties effective as of April 19 , 2021 “ Effective Date ” A County of Johnston , North Carolina “ County ” ; and B L E Wooten & Company d b a The Wooten Company “ Wooten ” In this Agreement , the County and Wooten are sometimes collectively referred to as the “ Parties ” , and sometimes singularly referred to as a “ Party ” WITNESSETH WHEREAS , County is a body politic and corporate organized and existing under the laws of the State of North Carolina ; and WHEREAS , Wooten is a business corporation organized and existing under the laws of the State of North Carolina and engaged in the practice of engineering ; and WHEREAS , County is the owner of a project known as the Swift Creek Interceptor & Pump Station Project the “ Project ” ; and WHEREAS , the Project generally involved the design and construction of approximately 3,845 linear feet of twelve - inch gravity sewer pipe , 4,080 linear feet of sixteen - inch gravity sewer pipe , and a new regional pump station near NC 42 and Cornwallis Road in County ; and WHEREAS , in or about 2016 , County and Wooten entered into a contract pursuant to which Wooten performed certain professional services in connection with the Project , including designing the Project ; and WHEREAS , construction of the Project was advertised for bids in 2018 , as a result of which County entered into contract with T A Loving Company “ Loving ” pursuant to which Loving was the General Contractor for the construction of the Project ; and WHEREAS , the new sewer line to be installed as part of the Project crossed Swift Creek in certain locations collectively , the “ Crossings ” ; and WHEREAS , with the exception of two locations , all Crossings were designed as open cut crossings ; and WHEREAS , two Crossings , Crossing Number 4 Sta 51 + 45 and Crossing Number 6 Sta 60 + 02 collectively “ Crossings 4 and 6 ” , were designed as jack and bore crossings ; and WHEREAS , in or about early January 2019 , it was determined that the existing elevations of the steam bottom at Crossings 4 and 6 were lower than the elevations of the stream bottom at those locations when surveyed for the design of the Project in 2016 ; and WHEREAS , the aforesaid change in elevations between 2016 and 2019 created concern as to the feasibility of utilizing jack and bore crossings at Crossings 4 and 6 ; and WHEREAS , Wooten thereafter re - designed Crossings 4 and 6 as open cut crossings and the same were permitted by applicable authorities ; and WHEREAS , following permitting , Loving constructed Crossings 4 and 6 as open cut crossings ; and WHEREAS , Loving requested additional compensation from County pertaining to the change of Crossings 4 and 6 from jack and bore crossings to open cut crossings the “ Loving Change Request ” ; and WHEREAS , County advised Wooten of certain concerns with respect to additional costs associated or potentially associated with the change of Crossings 4 and 6 from jack and bore crossings to open cut crossings , including but not limited to the Loving Change Request collectively , the “ County Crossings 4 and 6 Additional Cost Claims ” , and requested that Wooten consider providing financial assistance to County with respect to the County Crossings 4 and 6 Additional Cost Claims ; and WHEREAS , Wooten advised County that Wooten believes that its services pertaining to Crossings 4 and 6 were proper and that it has no liability for the County Crossings 4 and 6 Additional Cost Claims ; and WHEREAS , Wooten advised County that Wooten had a claim for payment of additional services and expenses associated with the change of Crossings 4 and 6 from jack and bore crossings to open cut crossings the “ Wooten Crossings 4 and 6 Additional Cost Claims ” ; and WHEREAS , County advised Wooten that County has no liability for the Wooten Crossings 4 and 6 Additional Cost Claims ; and WHEREAS , County and Loving have reached a resolution of the Loving Change Request ; and WHEREAS , the Parties have considered and discussed their respective contentions , claims , and or defenses pertaining to the County Crossings 4 and 6 Additional Cost Claims and the Wooten Crossings 4 and 6 Additional Cost Claims , have reached a mutually agreeable resolution of the same , and now desire to reduce the terms of the resolution to writing NOW , THEREFORE , in consideration of the mutual undertakings set forth herein , the legal sufficiency of which is hereby acknowledged , the Parties hereby agree as follows 1 The recitals set forth above are incorporated herein by reference as a substantive part of this Agreement 2 On or before May 19 , 2021 , Wooten shall pay or cause to be paid to County the sum of One Hundred Twenty - Five Thousand and no 100 Dollars 125,00000 the “ Settlement Monies ” 3 Except for claims arising out of the breach of this Agreement , County , on its own behalf and on behalf of its predecessors , successors , assigns , insurers , and current and former Commissioners , employees , and agents does hereby release and forever discharge Wooten and its predecessors , successors , assigns , insurers , and current and former shareholders , directors , officers , employees , subconsultants , and agents , of and from any and all claims pertaining to the County Crossings 4 and 6 Additional Cost Claims , known and unknown , suspected and unsuspected , including consequences thereof now existing or which may develop in the future , whether or not such consequences are known or anticipated No other claims are released Page5137 May 3 , 2021 – 10 00 am Continued 4 Except for claims arising out of the breach of this Agreement , Wooten , on its own behalf and on behalf of its predecessors , successors , assigns , insurers , and current and former shareholders , directors , officers , employees , subconsultants , and agents does hereby release and forever discharge County and its predecessors , successors , assigns , insurers , and current and former Commissioners , employees , and agents , of and from any and all claims pertaining to the Wooten Crossings 4 and 6 Additional Cost Claims , known and unknown , suspected and unsuspected , including consequences thereof now existing or which may develop in the future , whether or not such consequences are known or anticipated No other claims are released For avoidance of doubt , the Parties expressly acknowledge and agree that nothing herein waives or releases Wooten’s right to the compensation owed to Wooten a pursuant to the Project contract between Wooten and County through Amendment No 1 , County representing and warranting that , on or before May 19 , 2021 , it shall make payment to Wooten of the unpaid balance of said contract through Amendment No 1 ; and b pursuant to previously issued but not yet - fully executed Amendment No 2 to the Project contract between Wooten and County , County representing and warranting that it is executing Amendment No 2 contemporaneously with the execution of this Agreement and that , on or before May 19 , 2021 , County shall pay Wooten the compensation set forth in said Amendment No 2 5 County and Wooten represent and warrant to one another that at no time prior to the Effective Date of this Agreement has either commenced any legal proceeding including but not limited to a lawsuit or an arbitration proceeding against the other with respect to the matters released by this Agreement and that , from and after the effective Date of this Agreement , neither shall commence any legal proceeding against the other with respect to the matters released by this Agreement 6 The Parties mutually acknowledge , represent , and warrant that A No additional promise or agreement has been made as consideration for this Agreement and that the signing hereof by each Party has not been induced by any representation of the other Party , or by anyone in the other Party’s behalf , concerning any matter , including but not limited to the nature , extent , amount or duration of any injury or damage sustained This Agreement constitutes and contains the entire agreement between the Parties relating to the subject matter hereof B The Parties deny any and all liability to one another , and payment of the Settlement Monies is made without admission of liability C No Party has assigned any claim it may have against the other Party , and the Party receiving the Settlement Monies represents and warrants that such Party is the proper Party to receive the same D Each Party has the capacity and authority to enter into this Agreement and the person signing this Agreement on behalf of each Party has been duly authorized by that Party to execute the same E This Agreement shall bind the Parties , their successors , assigns , and any person or entity claiming by or through any Party , and shall inure to the benefit of the Parties , their successors and assigns F Prior to signing this Agreement , each Party to this Agreement i fully read and understood the Agreement ; and ii had adequate time and opportunity to obtain legal and tax advice concerning the Agreement and its operation and consequences from legal counsel and tax advisers of its choice G This Agreement has been negotiated between the Parties In the event of any dispute over the interpretation of this Agreement , there shall be no rule of construction in favor of or against any Party H This Agreement shall be construed and interpreted in accordance with the laws of the State of North Carolina , notwithstanding any choice of law considerations which might require application of the law of some other jurisdiction I The Parties shall bear their respective costs and expenses , including but not limited to attorneys ’ fees , associated with investigating , pursuing , defending , and resolving all matters resolved by way of this Agreement , including but not limited to those pertaining to the preparation of this Agreement J This Agreement may be executed in one or more counterparts , each of which shall be deemed an original , but all of which together shall be deemed one and the same instrument , and the Parties agree that a copy of each Party’s original signature to this Agreement , including but not limited to a scanned , pdf , e - mail , or fax copy of the original signature , shall be deemed the same as the original signature IN WITNESS WHEREOF , County of Johnston , North Carolina has caused this Agreement to be signed as an instrument under seal County of Johnston , North Carolina adopting the word “ SEAL ” as and for its seal as of the Effective date 14 Board Reports and Comments A EMS Advisory Committee Commissioner Patrick E Harris Commissioner representative on the EMS Advisory Committee reported the Committee voted unanimously at their last meeting for the EMS Advisory Committee to be officially dissolved by the Board of County Commissioners upon the final merger of Four Oaks EMS and 50 - 210 EMS under the County’s EMS operations Commissioner Harris noted that this Committee has been in existence for many years with its main purpose being to review budgets , purchases , and other matters pertaining to the contracted EMS agencies , which were many in number several years ago He noted that with the last two contracted agencies merging their operations with the County effective July 1 , 2021 , the Committee will havePage6138 May 3 , 2021 – 10 00 am Continued served its purpose Commissioner Harris expressed his appreciation to the current members of the Committee as well as all those that served in the past stating it was a vital Committee and a lot of hard work was accomplished over the years At the inquiry of Chairman Chad M Stewart , County Attorney Jennifer Slusser requested the Board to wait to dissolve the Committee until the merger of the last two remaining contract agencies is complete in case there are any final actions needed by the Committee B Remembering Dr Dicky Parrish Commissioner Ted G Godwin noted the recent passing of Dr Dicky Parrish , a long - time Johnston County resident , Dentist , and former Chairman of the Johnston County Board of Education Commissioner Godwin spoke on Dr Parrish’s work and dedication to his community , education , family , and youth in the County and stated he will be missed C Appreciation for Friends of Johnston County Parks Commissioner Butch Lawter expressed his appreciation to the Friends of Johnston County Parks for th recently organizing a cleanup event throughout Johnston County on April 24 Commissioner Lawter stated it was good to see everyone out making a difference and he appreciated everyone’s time and effort during the event 15 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege ; NCGS 14331811 a 4 – Economic Development ; and NCGS 14331811 a 5 – Acquisition of Property Commissioner Fred J Smith , Jr moved the Board go into closed session for the purposes of consulting with an attorney employed by the Board in order to preserve the attorney - client privilege pursuant to North Carolina General Statute 143 - 31811 a 3 , to discuss matters relating to the location or expansion of industries or other businesses in the area , pursuant to North Carolina General Statute 143 - 31811 a 4 , and to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property pursuant to North Carolina General Statute 143 - 31811 a 5 Commissioner Patrick E Harris seconded the motion which carried unanimously No action was taken Commissioner Patrick E Harris moved the Board adjourn closed session and resume regular session Commissioner Butch Lawter seconded the motion , which carried by unanimous vote There being no further business , Commissioner Ted G Godwin moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 12 10 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage