May 17, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes

10 158 Meeting of the Johnston County Board of Commissioners May 17 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 17 , 2021 at 6 00 pm in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Finance Officer and Deputy County Manager J Chad McLamb , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm Commissioner Fred J Smith , Jr opened the meeting with a prayer Commissioner Larry Wood led everyone in the Pledge of Allegiance to the American Flag Chairman Stewart noted that Commissioner Ted G Godwin would be arriving later due to a school event for one of his grandchildren 1 Approval Discussion of Agenda Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the consent agenda items as follows A Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Coopers Meadow Drive and Shrewbury Court – Coopers Meadow – Clayton Township Stratocaster Drive – Chandley Farm – O’Neals Township B Resolution Designating Agents for FEMA – COVID - 19 , adopted as follows Page159 May 17 , 2021 – 6 00 pm Continued 3 Public Comment None 4 Public Hearing – Proposed Consolidation of the Archer Lodge and Thanksgiving Fire Service Districts – Advertised – The News & Observer and The Johnstonian News May 5 , 2021 Notices were mailed to the affected property owners on April 14 , 2021 The Chairman opened the public hearing County Attorney Jennifer Slusser stated the purpose of the hearing is to hear the views of the citizens on a proposal to consolidate the Archer Lodge Fire Service District and the Thanksgiving Fire Service District and to rename the consolidated fire service district the North Side Fire Service District Ms Slusser informed the Board that a report for the districts including the following has been prepared and on file in the Clerk to the Board’s Office , the Emergency Services Department , and on the County’s website 1 A map of the service districts and the adjacent territory showing the current and proposed consolidated boundaries of the districts ; 2 A statement indicating that the proposed consolidation meets the standards and requirements of General Statute 153A - 3043 a ; 3 A plan for providing service to the areas affected by the consolidation of district boundaries ; and 4 The effect that changes in the amount of taxable property will have on the ability of the fire service districts to provide services or to service any debt Ms Slusser stated per the Archer Lodge and Thanksgiving Fire Departments , the Board of Commissioners is being asked to consider the adoption of two resolutions , one for the consolidation and renaming of the fire service districts ; and the other to consolidate and rename the insurance districts Ms Slusser stated the proposed tax rate for the consolidated district area would not change as a result of the merger She stated the proposed plan , as studied by staff , indicates that the consolidation of the two districts will provide enhanced services to the citizens Chairman Chad M Stewart asked for anyone in the audience that wished to comment on the proposal to come forward No one present wished to speak Ms Slusser referenced communications letters and emails received by staff from the following Archer Lodge Mayor Matt Mullholem , Archer Lodge Town Councilman Jim Purvis , Pete Barnes , Norwood Thompson , and Rebecca Flowers The Chairman closed the public hearing Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried unanimously , the Board adopted the following resolution RESOLUTION OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS CONSOLIDATING THE ARCHER LODGE FIRE SERVICE DISTRICT AND THE THANKSGIVING FIRE SERVICE DISTRICT WHEREAS , upon request of the fire departments servicing the Archer Lodge Fire Service District and the Thanksgiving Fire Service District , the Johnston County Board of Commissioners decided , by general consensus to proceed with a proposal to consolidate the Archer Lodge Fire Service District and the Thanksgiving Fire Service District ; and WHEREAS , the Johnston County Manager , Johnston County Emergency Services Director , Johnston County Fire Marshal , Johnston County Clerk to the Board of Commissioners , Johnston County Attorney , and other appropriate representatives and employees of the County of Johnston were authorized to take such steps as might be required or necessary to pursue the statutory and administrative processes relative to the proposal to consolidate the Archer Lodge Fire Service District and the Thanksgiving Fire Service District into one fire service district known as the North Side Fire Service District ; andPage160 May 17 , 2021 – 6 00 pm Continued WHEREAS , North Carolina General Statute § 153A - 304 b provides the standards and process to be utilized in consolidating fire protection service districts ; and WHEREAS , pursuant to the direction of the Johnston County Board of Commissioners and in accordance with the North Carolina General Statutes relating to consolidation of fire protection service districts , a thorough inquiry was conducted in connection with the proposed consolidation of the Archer Lodge Fire Service District and the Thanksgiving Fire Service District Such inquiry included input from citizens in the areas which would be included in the consolidated service district , fire departments which would service such district , and comments of citizens received by the Board of Commissioners and County staff ; and WHEREAS , the Johnston County Board of Commissioners caused to be prepared a report containing a map of the districts to be consolidated , a statement showing the proposed consolidation meets the standards as required by law , and plans for providing fire protection to the proposed consolidated district ; and WHEREAS , the Johnston County Board of Commissioners conducted a duly noticed public hearing on May 17 , 2021 providing an opportunity for citizens to appear and be heard concerning the subject proposal ; and WHEREAS , it has been represented to the Johnston County Board of Commissioners that such proposal enjoys support within the respective communities involved , with the fire departments currently providing services within the districts , and through community support within the subject districts ; and WHEREAS , the fire protection service districts proposed to be consolidated are as follows a Archer Lodge Fire Service District ; and b Thanksgiving Fire Service District The proposed consolidated North Side Fire Service District is attached hereto as Exhibit A1 , as if fully set forth herein ; and WHEREAS , the Johnston County Board of Commissioners has carefully considered the report dated April 12 , 2021 containing maps of the current and proposed consolidated district , statements showing the proposed district meets the standards as required by law , and plans for providing fire protection services to the proposed district , along with the input and comments of citizens and fire departments which would service such districts ; and WHEREAS , the Johnston County Board of Commissioners finds as follows 1 The Archer Lodge Fire Service District and the Thanksgiving Fire Service District are contiguous each to the other ; and 2 The Archer Lodge Fire Service District and the Thanksgiving Fire Service District each provide substantially the same type of service The Archer Lodge Fire Service District provides fire protection services The Thanksgiving Fire Service District provides fire protection and rescue services ; and 3 The proposed consolidated district is able to sustain the tax which would be imposed based on the appraised value of property subject to taxation in the proposed consolidated district It should be noted in that regard that the County is well under its 150 authorized maximum ; and 4 By consolidation , the Archer Lodge and Thanksgiving areas will be served by paid full - time staff in addition to volunteers , will have access to better equipment and training , and will be in a position to affect homeowners ’ insurance rates in a favorable manner ; and 5 County of Johnston currently contracts with Archer Lodge Fire Department and Thanksgiving Fire Department to provide fire protection services in the respective service areas The two departments have proposed a merger in which they will consolidate operations as North Side Fire Department , Inc The new fire department desires to provide fire protection and services to residents residing in the Archer Lodge and Thanksgiving Fire Service Districts and has specifically requested that County of Johnston consolidate the respective fire service districts and contract with the new department in order to serve a greater number of people at a higher level of service and allow for the cost burden to be carried equitably by all service district property owners through the service district tax ; and 6 It is economically feasible to provide the proposed fire protection service herein set forth for the proposed consolidated district without unreasonable or burdensome annual tax levies ; and 7 There are numerous calls each month within the area encompassed by the proposed consolidated district and the proposed district would provide fire protection in a quick and efficient manner , while making sure that the fire protection organization responding to the calls is paid for the services provided The proposed district is an effective solution to address both immediate and long term fire protection needs , providing flexibility and funding to support population shifts and growth ; and 8 There is a demonstrable demand for the proposed services by persons residing in the proposed consolidated district NOW , THEREFORE BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS that the Archer Lodge Fire Service District and the Thanksgiving Fire Service District are hereby consolidated into the North Side Fire Service District as shown on the map attached hereto and incorporated herein as Exhibit A1 effective July 1 , 2021 at 12 00 am ; that the services provided in the North Side Fire Service District shall be fire protection , rescue , and first responder services ; and that the County of Johnston may contract with North Side Fire Department , Inc and orPage161 May 17 , 2021 – 6 00 pm Continued some other qualified provider of fire protection services provided that said provider agrees to enter into a contract with Johnston County , to provide the required services in return for that portion of taxes levied pursuant to Chapter 153A , Article 16 , of the North Carolina General Statutes , and complies with all existing laws and regulations relating to such service , including those set forth in North Carolina General Statute § 153A - 250 and § 160A - 487 , provided also that such entity shall maintain an adequate number of personnel , amount of equipment , and amount of insurance as determined by said corporation and the Johnston County Board of Commissioners from time to time th Duly adopted this the 17 day of May , 2021 Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried unanimously , the Board adopted the following resolution RESOLUTION FOR APPROVAL OF INSURANCE DISTRICT BOUNDARIESPagePage pageNumber5162 May 17 , 2021 – 6 00 pm Continued STATE OF NORTH CAROLINA COUNTY OF JOHNSTON WHEREAS , the laws of the State of North Carolina , and in particular North Carolina General Statute 153A - 233 , authorize the County of Johnston to designate the boundaries of fire insurance districts for the purpose of insurance grading ; and WHEREAS , the Board of Commissioners of the County of Johnston has determined that protection of the health , safety and welfare of the citizens of the County of Johnston would be enhanced and promoted by changes in the boundary lines of fire insurance districts within the County of Johnston ; and WHEREAS , the map attached hereto as Exhibit A1 which includes the areas to be incorporated into such rated fire insurance district has been prepared and is made a part of this resolution by reference NOW THEREFORE , BE IT RESOLVED that the Board of Commissioners of the County of Johnston approve the boundary lines of the North Side Fire Service District in the County of Johnston , in accordance with the map attached hereto as Exhibit A1 as if set forth fully herein , filed this date with the Board of County Commissioners and recorded in the minutes of said meeting , and that said rated insurance district from and after the adoption of this resolution shall be as set forth in Exhibit A1 which is attached hereto and incorporated by reference as if set forth fully herein th ADOPTED this the 17 day of May , 2021 PagePage pageNumber6163 May 17 , 2021 – 6 00 pm Continued 5 Regional Water and Sewer Discussion with Onslow Water and Sewer Authority Chief Executive Officer Jeff Hudson County Manager Rick Hester introduced Jeff Hudson , Chief Executive Officer with the Onslow Water and Sewer Authority ONWASA Mr Hester stated Mr Hudson was invited by Commissioner Butch Lawter to share information with the Board about the creation , challenges , and successes of ONWASA Mr Hester noted that Mr Hudson is a former County Manager of Onslow County and he previously served on the Onslow County Board of Education Mr Hudson shared materials with the Board on the original formation of ONWASA and reviewed their contents Mr Hudson stated the idea to form the authority began in 1998 when they started evaluating their water and wastewater systems and exploring the concept of regionalization He explained the authority was formed in 2000 from Onslow County and three of its municipalities , which all conveyed their assets and liabilities to ONWASA He noted there are two other municipalities represented on the authority board of directors , one of which did not have any assets or liabilities to convey to the authority while the City of Jacksonville initially explored the idea but ultimately chose not to convey their assets and liabilities Mr Hudson shared with the Board the different options they considered at the beginning of their evaluation stating that they ultimately decided to implement a balanced merger system governed by an eight member board of directors with each unit of government having representation Mr Hudson also spoke on the military base in Onslow County and how the wastewater treatment plant from the base spurred the regionalization concept Mr Hudson continued his remarks by sharing the advantages of having an authority and noted it operates much like a business in that its revenue must be able to cover the cost of the expenses Mr Hudson also noted that wastewater is not self - supporting ; therefore , the water funds are used to support the wastewater operations He stated ONWASA does not have a mandatory connection policy for wastewater and while they do have rate increases , they try to keep them as low as possible Mr Hudson stated currently they have approximately 54,000 th water accounts serving 146,000 people and they are the 10 largest public water supplier in the State He noted on the wastewater side they only have about 7,000 customers Mr Hudson stated the main thing to consider for an authority is can it make a profit , because authorities cannot use fund balances and must bring in enough revenue to cover all expenses Chairman Chad M Stewart thanked Mr Hudson for sharing the information with the Board Upon questions by Commissioner Butch Lawter , Mr Hudson clarified that it took them two years to form the authority once they began looking into the future of the water and wastewater systems He stated there was much to consider in the early days of evaluation and he encouraged the Board to refer to information assembled by the UNC School of Government for guidance Mr Hudson noted one big issue that had to be addressed was the staff that were employed by Onslow County and the participating municipalities ’ water and wastewater departments He explained once the authority was created ONWASA guaranteed every employee a position within the authority Mr Hudson stated other things to consider is how to account for all the assets and liabilities of all the systems , governance of the authority , and setting a rate schedule Commissioner Lawter thanked Mr Hudson for taking the time to share the information and talk through the process with the Board Motion Commissioner Butch Lawter spoke on the need to look at the County’s future water and sewer needs while the Comprehensive Land Use Plan Update is underway Commissioner Lawter moved the Board 1 direct staff to develop a Request for Qualifications RFQ to evaluate the most optimal system for the County’s future water and sewer needs ; and 2 direct staff to look at funding mechanisms to assist the municipalities with completing a needs assessment of their own so that information can be provided to the County in an effort for everyone to plan for the future together Commissioner Fred J Smith , Jr seconded the motion Discussion Commissioner Fred J Smith , Jr stated he seconded the motion ; however , he would prefer to complete the first part of the motion before looking at funding mechanisms for the towns PagePage pageNumber7164 May 17 , 2021 – 6 00 pm Continued Commissioner Larry Wood stated he supports the need to look at the County’s future water and wastewater concurrently with the Land Use Plan update ; however , he agreed with Commissioner Smith and stated he is unsure how many towns would be willing to participate Amended Motion Commissioner Butch Lawter amended his motion by withdrawing the second part Commissioner Fred J Smith , Jr agreed to the amended motion Clarification and Further Discussion At the request of Commissioner Tony Braswell , the Chairman clarified the amended motion is for the Board to direct staff to develop a Request for Qualifications RFQ to evaluate the most optimal system for the County’s future water and wastewater needs Commissioner Braswell commented that he is unsure if all the municipalities would even be interested in a regional concept Commissioner Lawter stated while he does not know how many towns would be willing to participate in a regional concept , he feels the Board at least needs to start the process to explore what is best for the County going into the future Commissioner Smith stated it is the Board’s responsibility to build infrastructure to prepare the County for the future , and he supports the amended motion in order to begin an exploration as to the best way for the County to go forward At the request of Commissioner Wood , Utilities Director Chandra Farmer came forward and stated the County currently provides bulk wastewater service for Smithfield , Selma , Four Oaks , Pine Level , and a portion of Clayton She stated the County provides bulk water service to the entire towns of Clayton , Kenly , Princeton , Four Oaks , and partial service to the remaining towns and Fuquay - Varina Ms Farmer reported the County purchases water from Smithfield , Harnett County , the City of Wilson , Wayne Water Districts , and there is an emergency connection in place with the City of Raleigh with plans for a permanent connection Ms Farmer continued that staff has been working on a long - term water supply plan for Johnston County over the past 18 months She stated detailed projections are available for long - term water needs ; however , those projections can change over time based on growth and any changes to the County’s Land Development Code She also stated that while they have projections for some of the towns , some of their estimates are assumptions so they would need to request updated information She also noted that some of the towns have their own systems like Pine Level and Smithfield Ms Farmer stated in looking at the issue comprehensively , staff would need water and sewer projections from all of the entities in order to look at the available supplies , identify the shortfalls , and determine how to meet supply gaps At the inquiry of Chairman Chad M Stewart , Ms Farmer stated she understands the motion to be for staff to develop a Request for Qualifications to have a firm evaluate the County’s long - term water and sewer needs and identify the best solutions for the future , regional or otherwise Ms Farmer stated one thing to consider regarding wastewater is the County’s current policy has very limited restrictions for residential wastewater service and if that policy were to change , it could make a big difference in future wastewater service At the inquiry of County Manager Rick Hester , Commissioner Lawter stated the point of his motion is that he wants to know if there is a better way to operate in the future through a regional system Vote The motion as amended , carried by unanimous vote 6 Piedmont Natural Gas Update Economic Development Director Chris Johnson stated the Economic Development Office has a great relationship with Piedmont Natural Gas who supplies their product to many of the existing industries in the County Mr Johnson noted that there are areas in Johnston County , in particular the Four Oaks Business Park area , which is lacking in that service Mr Johnson stated over the past couple of months , discussions have taken place as to how natural gas could be extended to the Four Oaks area Mr Johnson explained that thePagePage pageNumber8165 May 17 , 2021 – 6 00 pm Continued manufacturing and higher paying jobs typically come from companies that utilize natural gas He stated too often , the Economic Development Office has submitted the Four Oaks Business Park to a prospective industry only to have the lack of natural gas be a deterrent Mr Johnson continued that there is a need to have natural gas extended to the Four Oaks area ; however , an end user must be identified for the extension to take place Mr Johnson reported that he along with County Manager Rick Hester and Commissioner Tony Braswell met with Johnston County Schools who has agreed for the Four Oaks Elementary School to be a destination for the extension of natural gas He noted that they are also studying the possibility of extending natural gas across Interstate 95 if Ashley Furniture could utilize the service He stated in order for Piedmont Natural Gas to extend a line to the Four Oaks School , it will require a partnership with the County Mr Johnson noted that Piedmont Natural Gas is willing to upsize the line for future industrial users and he introduced Mr Phillip Ribando from Piedmont Natural Gas to the Board Commissioner Ted G Godwin arrived to the meeting at 6 50 pm Mr Ribando addressed the Board and stated this would be a long - term project that would enhance the marketability of the Four Oaks Business Park He stated the plan was originally for a 4 ” line ; however , Piedmont Natural Gas will pay for an 8 ” line to serve future industrial users He stated the project would enhance not only the Four Oaks area , but the entire Interstate 95 corridor Mr Johnson requested the Board to consider a partnership with Piedmont Natural Gas for the extension Chairman Chad M Stewart commented that in a recent update by Mr Johnson it was expressed to the Board how important it is to have the right tools to attract businesses and industries to Johnston County , with natural gas being one of the more important tools Chairman Stewart stated the Board is supportive of what Mr Johnson’s office is trying to do for the County Motion Commissioner Tony Braswell stated he has always been supportive of economic development for the Interstate 95 corridor and he moved the Board approve the extension of natural gas to the Four Oaks Elementary School and allocate the amount of 13 million for the project Commissioner Patrick E Harris seconded the motion which carried by the following vote Ayes Commissioners Chad M Stewart , Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , and Fred J Smith , Jr Nays Commissioner Butch Lawter Commissioner Lawter stated he would have liked to have had more details on the actual project and felt that he did not have enough information to vote for the project at this point 7 Triangle Trails Initiative Update Parks , Greenways , and Open - Space Coordinator Adrian O’Neal introduced Mr Chuck Flink with Greenways Incorporated to present an update on the Triangle Trails Initiative Mr O’Neal recalled that the Board adopted a resolution in March of 2020 to support the initiative Mr Flink stated the Triangle Trails Initiative began approximately 18 months ago and it is a collaboration between government , business , and civic institutions to promote the region as a national leader in greenways and trails Mr Flink stated the region is fortunate to have over 400 miles of trails , which makes the initiative a leader in North Carolina Mr Flink presented the following to the Board PagePage pageNumber9166 May 17 , 2021 – 6 00 pm ContinuedPage0167 May 17 , 2021 – 6 00 pm ContinuedPage1168 May 17 , 2021 – 6 00 pm ContinuedPage2169 May 17 , 2021 – 6 00 pm Continued Mr Flink offered to answer any questions by the Board Chairman Chad M Stewart thanked Mr Flink for attending the meeting and providing the update to the Board 8 Parks , Greenways , and Open Space Coordinator – Adoption of Parks and Recreation Master Plan Parks , Greenways , and Open - Space Coordinator Adrian O’Neal recalled that he presented the draft Johnston County Parks and Recreation Master Plan to the Board at the May 3 , 2020 meeting Mr O’Neal asked if there were any questions or feedback from the Commissioners and he requested the Board to consider adopting the plan Commissioner Butch Lawter stated after his review , he found the document to be very complete and he moved the Board adopt the Johnston County Parks and Recreation Master Plan as presented by Mr O’Neal Commissioner Larry Wood seconded the motion which carried by unanimous vote Note A complete copy of the adopted plan is on file in the Clerk to the Board’s Office as well as the Parks , Greenways , and Open Space Office 9 Board of Elections – Approval to Purchase Voting Equipment Board of Elections Director Leigh Anne Price presented a resolution from the Johnston County Board of Elections requesting the Board of County Commissioners to approve the purchase of voting equipment , which has been certified by the State Board of Elections She noted the funds to purchase the equipment would be from CARES Act Funds Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board adopted the following resolution approving the purchase of the voting equipment and the associated budget revision A RESOLUTION FOR THE ADOPTION AND ACQUISITION OF VOTING EQUIPMENT BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS WHEREAS , the Johnston County Board of Commissioners , with the approval of the Johnston County Board of Elections , may adopt and acquire only a voting system of a type , make , and model certified by the State Board for use in some or all voting places in the County at some or all elections in accordance with GS 163 - 1658 ; and WHEREAS , the Johnston County Board of Elections has recommended to the Johnston County Board of Commissioners which type of voting system should be acquired by the County , pursuant to GS 163 - 1659 a 1 ; and WHEREAS , the Johnston County Board of Elections has witnessed a virtual demonstration , in the County on March 11 , 2021 of the type of voting system being recommended , and has also witnessed a demonstration of at least one other type of voting system certified by the State Board of Elections as required by GS 163 - 1659 a 2 ; and WHEREAS , the Johnston County Board of Elections has successfully tested during a simulated election on March 31 , 2021 , coordinated with the State Board of Elections , that was opened to the public , the proposed voting system , to satisfy the requirements of GS 163 - 1659 a 3 ; and WHEREAS , the Johnston County Board of Elections must seek and receive approval from the State Board of Elections to replace the current voting system pursuant to GS 163A - 1659 b 3 ; and WHEREAS , the Johnston County Board of Elections has received HAVA funds 124,300 that was placed in the 2020 - 2021 election budget to fund part of the recommended purchase of new voting equipment ; and WHEREAS , the Johnston County Board of Elections has received COVID - 19 funds that were placed in the elections budget to fund the remaining part of the recommended purchase of new voting equipment ; and WHEREAS , the Johnston County Board of Elections plans to trade in their current voting equipment assets of 50 ADA AutoMarks for the total value of 10,80000 NOW , THEREFORE BE IT RESOLVED that the Johnston County Board of Commissioners approves the adoption and acquisition of the following certified voting equipment pursuant to GS 163 - 1659 a 1 and to forward a copy of the resolution to the Johnston County Board of Elections Voting Type ES & S Voting System 5240 Vendor Election Systems and Software Number of Units 40 ADA Complaint ExpressVote Ballot Marking Devices with carrying casesPage3170 May 17 , 2021 – 6 00 pm Continued Estimated Total Cost to County 0 th Duly adopted this the 17 day of May , 2021 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 43007819 COVID - 19 124,30000 TOTAL NET EXPENDITURES 124,30000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 430035155 CARES Act Provider Relief Funds 124,30000 TOTAL NET REVENUE 124,30000 10 Public Safety Center Phase II – Approval of Bid Prequalification Package County Manager Rick Hester recalled that before construction began on the new Detention Center , the Board used the prequalification process for bidders prior to receiving bids for the project Mr Hester stated staff respectfully requests the Board to use the same prequalification process for Phase II of the Public Safety Center which would house the Sheriff’s Office , 911 - Communications , and Emergency Services He stated if the Board chooses to move forward , staff anticipates receiving bids over the summer Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the prequalification process for Phase II of the Public Safety Center Project and the following prequalification package PART A - INVITATION TO PREQUALIFY TO BID for JOHNSTON COUNTY PUBLIC SAFETY CENTER Smithfield , North Carolina Contractors interested in submitting construction bids on the Johnston County Public Safety Center , Smithfield , North Carolina , are invited to Prequalify To Bid in accordance with the Prequalification Procedure established by Johnston County , hereinafter referred to as the “ Owner ” Contractors Contractors required to Prequalify to Bid are Building Contractors Unlimited Only those Contractors who Prequalify to Bid in accordance with the Prequalification procedure will be eligible to submit a construction bid for the Project indicated herein Prequalify to Bid Package Contractors wishing to Prequalify to Bid may obtain a Prequalify to Bid package from wwwmoseleyarchitectscom bidding - scroll to Johnston County Public Safety Center to view all the documents Deadline for Submittals Submit two 2 fully completed applications no later than 3 00 PM EST , on May 28 , 2021 Applications shall be addressed or delivered to Johnston County Finance Department Attention Pam Radford , Purchasing Agent PO Box 1049 Smithfield , North Carolina 27577 OR hand deliver to 207 East Johnston Street , B - 207 Smithfield , North Carolina 27577 The outside of the envelope shall be clearly marked “ Prequalification to Bid Package ” Timely delivery is the responsibility of the submitting contractors The Project This Project , the Johnston County Public Safety Center , is generally comprised of , but not limited to , the following work Page4171 May 17 , 2021 – 6 00 pm Continued The Project generally consists of a new Public Safety center totaling approximately 50,000 SF Construction includes concrete and brick veneer masonry construction with steel framing , interior CFSF partitions , TPO roofing , architectural casework , and security electronics The project includes an E - 911 , EOC , and Sheriff’s Offices Sitework includes stormwater management , sidewalks , parking lots , grading , and fencing gates Mechanical work includes ductwork , plumbing , sprinkler system , controls , and roof top units Electrical work includes panelboards , lighting fixtures , fire alarm , emergency generator , power , technology wiring and infrastructure ; and security systems Also included is a pre - engineered Evidence Storage building 1 Construction is anticipated to begin by July 2021 2 Substantial Completion is anticipated to be no later than December 2023 Contractors shall be prequalified without regard to race , religion , color , sex , or national origin , or disability END OF INVITATION TO PREQUALIFY TO BID PART B - PREQUALIFICATION PROCEDURE for CONSTRUCTION of JOHNSTON COUNTY PUBLIC SAFETY CENTER Smithfield , North Carolina A Purpose 1 The Prequalification Procedure has been established pursuant to the General Statutes of North Carolina 143 - 1358 and the Johnston County Prequalification Procedure 2 The contractor must meet the requirements of Chapter 87 of the General Statutes of North Carolina North Carolina Licensing Requirements applicable for the contract for which it is seeking prequalification 3 Prospective Building Contractors Unlimited are required to comply with the Prequalification Procedure herein referred to as “ Contractor ” 4 The purpose of the Prequalification Procedure is to provide the Owner with a mechanism to objectively evaluate and determine which Contractors are qualified to participate in the construction of the Project 5 Only those Contractors who have duly complied with the Prequalification Procedure and been determined to be qualified will be Prequalified to Bid Only those Contractors who have been Prequalified to Bid will be eligible to submit construction bids on the Project and be considered for bids 6 The Project is summarized in the Invitation to Prequalify to Bid B Application 1 Contractors wishing to Prequalify to Bid must submit their “ Application ” in the following form a Application to Prequalify to Bid Part C b Contractor’s Qualification Statement and Questionnaire Part D c Optional Contractor’s informational or marketing brochure 2 Submit two 2 copies of the Application and all supporting data 3 Each copy of the Contractor’s Qualification Statement and the Questionnaire shall have original signatures and seals if a corporation and original notarization and seal by a Notary Public 4 Prequalify to Bid packages are available in accordance with the Invitation to Prequalify to Bid 5 Applications must be submitted prior to the Deadline for Submittals as described in the Invitation to Prequalify to Bid 6 Applications , which are non - responsive , incomplete , misleading , incorrect , and or illegible , may be rejected at the discretion of the Owner Determination of the completeness of the application will be at the sole discretion of the Owner 7 The Owner reserves the right to waive any informality and or to request additional information , at its discretion , from the Contractor 8 By submitting an Application , the Contractor agrees that the Owner and or its representative s may research the information provided and contact entities associated with such information , at its discretion C Addenda 1 Any clarifications , alterations , or changes made to this package shall not be valid unless included in an Addendum 2 Addenda will be posted to the project website 3 No addenda modifying the Prequalify to Bid package will be issued within a period of twenty - four 24 hours prior to the deadline for submittals , excluding Saturdays , Sundays , and legal holidays If it is necessary to issue an addendum within the twenty - four 24 hour period , the date will bePage5172 May 17 , 2021 – 6 00 pm Continued extended without the requirement of re - advertising 4 Each Contractor shall determine from Moseleyarchitectscom bidding prior to submitting its Application that it has received all addenda issued and shall acknowledge receipt of same in the Application D Evaluation 1 The objective of the evaluation is to objectively determine which Contractor [ s ] , in the opinion of the Owner and its representative s , are qualified to perform the Work required for the Project Each Contractor retains sole responsibility for adequately demonstrating its own abilities so that it is perceived to be qualified for the Project 2 The Owner and or its representative s will objectively evaluate the information contained in the Application The Architect Moseley Architects will be a representative of the Owner If questions arise concerning the Prequalification Procedure or the Project , contact the Architect Jason Hopkins , AIA at jhopkins @ moseleyarchitectscom for information and clarifications 3 Perception of the Contractor’s qualification to perform will be based in addition to the other criteria contained herein of the Prequalification Package on the objective evaluation of the following “ experience ” criteria including the experience criteria indicated in Part D of this Prequalification Package a Construction Experience Public Safety construction 1 Successful completion of a minimum of two 2 Public Safety projects in excess of 10,000,000 , total construction value for each project , since January 1 , 2010 2 Successful completion of Public Safety projects of similar size 3 Successful completion of Public Safety projects of similar complexity 4 Level of complexity that is typically associated with a Public Safety shall be defined as , including , but may not be limited to , the following elements automatic building systems fire alarm , security , technology wiring and infrastructure , and intercommunications ; automatic sprinkler system ; masonry construction ; and mechanically attached roofing ; Public Safety equipment ; security electronics ; and sitework commonly associated with Public Safety facilities b Project Management Team Experience do not include Owners , Principals , Partners , or other executive position [ s ] unless that person was serving as the Project Manager and or Site Superintendent at that time 1 Experience of Project Manager and Site Superintendent of Contractor’s staff assigned to the Project c Past Performance Construction Experience 1 Actual Substantial Completion date of all projects since January 1 , 2010 , compared to original Substantial Completion date Provide additional information offering reasons for not meeting the “ original ” date , if occurred 2 Claims suits history of projects d Other Experience Information 1 Available from the Application 2 Available from research and verification of the information contained in the Application may be performed at the sole discretion of the Owner 3 Available from sources outside the scope of the Application 4 Current workload 5 Financial capabilities 4 Additional information or clarification may be requested after the Application has been submitted Contractor shall respond to such requests within three 3 calendar days after receipt of such requests 5 The information contained in the Application may be researched and verified 6 Information found to be incorrect , misleading , or non - responsive will be sufficient cause to reject the Application at the discretion of the Owner 7 All applications submitted will be evaluated in accordance with the criteria and scoring values shown in the Prequalification Scoring Matrix below The maximum possible score is 100 points The minimum score for prequalification is 80 points PREQUALIFICATION SCORING MATRIXPage6173 May 17 , 2021 – 6 00 pm Continued Reference Information Requested Max Points Score Part D – Basic Overview of Firm Name of Company and all company information 5 - Prerequisite Part D – Organization , History , and Relevant Experience 11 Number of years in business 7 12 Years in business under current name and former 2 names 13 – 16 Type of company and information corporation , 2 partnership , solely owned , other 17 Breach of Contracts , convictions , debarments 8 21 Licensing Jurisdictions , Trade categories , and license 3 numbers 31 Claims and Suits 15 41 Experience – All projects in Progress 15 42 – 43 Experience – All applicable relevant projects 20 completed 44 Project Management System 10 51 Surety - Statement of Financial Ability Capacity 0 – Prerequisite 52 Surety Company Information 0 - Prerequisite 61 Financing – Bankruptcy Disclosure 6 62 Financing - Loan Financing Default Disclosure 7 Totals 100 possible E Notification of Eligibility for Bidding 1 All Contractors submitting an Application will be notified of the Owner’s determination , at least thirty 30 days from the deadline for submittals 2 Only those Contractor [ s ] determined to be qualified will be Prequalified to Bid 3 Evaluations will be confidential , pursuant to any laws , statutes , or regulations governing otherwise 4 The Owner may deny prequalification if the minimum score of 80 is not achieved or if it is determined that the Contractor has provided false information 5 In the event that a Contractor is denied prequalification , a written notification will state the reason s for such denial of prequalification and the factual basis of such reason s 6 Protest Procedure A written protest must be received by the project manager within three 3 business days excluding County holidays of notice of decision that the firm has been denied prequalification The written protest shall clearly articulate the reasons why the firm is contesting the denial and attach all documents and additional information supporting the firm’s position The prequalification committee may contact the firm regarding the information provided prior to its determination of the appeal If the prequalification committee is satisfied that the firm should be prequalified , the firm shall be notified that it is prequalified to bid on the project and allowed to participate in the bid process If the prequalification committee upholds its denial , the firm shall be promptly notified in writing via email and first - class mail by the County’s project manager within five business days of receipt of the written protest The decision shall be final END OF PREQUALIFICATION PROCEDUREPage7174 May 17 , 2021 – 6 00 pm Continued PART C - CONTRACTOR’S APPLICATION TO PREQUALIFY TO BID • REPRODUCE “ THE APPLICATION ” ON CONTRACTOR’S LETTERHEAD • RE Application to Pre - Qualify to Bid Johnston County Public Safety Center Smithfield , North Carolina Johnston County Finance Department Attention Pam Radford , Purchasing Agent PO Box 1049 Smithfield , North Carolina 27577 OR hand deliver to 207 East Johnston Street , B - 207 Smithfield , North Carolina 27577 All The undersigned Contractor , being familiar with the Prequalify to Bid procedures , all requirements , and project summary outlined herein , hereby submits to Prequalify to Bid for Johnston County Public Safety Center , Smithfield , North Carolina , in accordance with the Prequalify to Bid Package The undersigned acknowledges that if the Owner finds this Contractor to be prequalified , it would be based in large part upon satisfying the experience criteria , both for the construction and the Project Management Team The undersigned certifies that the Project Management Team identified herein , consisting of the Project Manager and Site Superintendent , will be assigned to this project during construction should this Contractor be the successful bidder The undersigned agrees that if any members of the Project Management Team are changed from those identified herein , the Owner has the right to perform additional evaluations to determine the qualifications of the proposed replacements ; and the Owner has the further right to reject our construction bid if a qualified Project Management Team cannot be agreed upon The undersigned further certifies that additional research into this Contractor’s history and past work may be performed by Johnston County and or its representative [ s ] ; this Contractor releases from liability any persons contacted in connection with this prequalify to bid procedure for statements and or information supplied concerning this Contractor ; and that financial , insurance and bonding requirements for the Project can be met Following is an enumeration of the documents and information comprising this Application 1 The Application this letter 2 The Contractor’s Qualification Statement and Questionnaire Part D , signed , notarized , and sealed 3 Attachments as necessary to provide the information required by the Contractor’s Qualification Statement and Questionnaire Sincerely , Authorized Signature of Contractor’s Representative END OF CONTRACTOR’S APPLICATION TO PREQUALIFY TO BID PART D - CONTRACTOR’S QUALIFICATION STATEMENT AND QUESTIONNAIRE Submitted to Johnston County Finance Department Attention Pam Radford , Purchasing Agent PO Box 1049 Smithfield , North Carolina 27577 OR hand deliver to 207 East Johnston Street , B - 207 Smithfield , North Carolina 27577Page8175 May 17 , 2021 – 6 00 pm Continued Office to Perform Work If other than parent organization Parent Organization Name Mailing Address Street Address If other than mailing address Telephone Number Email and or Website Address Name and telephone number of Contractor’s point of contact concerning this questionnaire Current number of Contractor’s permanent employees of the office to perform the work Check one of the following , as applicable Corporation Partnership Individual Joint Venture Affiliate list all subsidiaries ; parent organization ; and affiliates Other 1 ORGANIZATION 11 How many years has the office to perform the work been in business as a Contractor 12 How many years has the office to perform the work been in business under its present business name 121 Under what other or former names has the office to perform the work operated 13 If the office to perform the work is a corporation , answer the following 131 Date of incorporation 132 State of incorporation 133 President’s name , telephone number , and length of time in this position 134 Vice President’s name , telephone number , and length of time in this position 135 Treasurer’s name , telephone number , and length of time in this position 14 If the office to perform the work is a partnership , answer the following 141 Date of organization 142 Type of partnership if applicable 143 Name s of general partner s , telephone number , and length of time in this position 15 If the office to perform the work is individually owned , answer the following 151 Date of organization 152 Name of owner , telephone number , and length of time in this position 16 If the form of the office to perform the work is other than those listed above , describe it and name the principals 17 If you answer “ yes ” to any of the following , provide the name , address , phone number , persons to contact , and circumstances related to the question on a separate attachment 171 Has the Contractor or any officer , director , or owner thereof , had judgments entered against him within the past ten years for the breach of contracts for governmental or non - governmental construction Yes No 172 Has the Contractor or any officer , director , owner , project manager , procurement manager or chief financial officer thereof , been convicted within the past ten years of a crime related to governmental or non - governmental construction Yes No 173 Is the Contractor or any officer , director , or owner thereof , currently debarred pursuant to an established debarment procedure from bidding or contracting by any public body , agency of another state or agency of the federal government Page9176 May 17 , 2021 – 6 00 pm Continued Yes No 2 LICENSING local , state , and or nationwide 21 List jurisdictions and trade categories in which the office to perform the work is legally qualified to do business , and indicate registration or license numbers , if applicable 3 CLAIMS 31 Claims and Suits If the answer to any of the questions below is yes , please attach details 311 Has the office to perform the work ever failed to complete any work awarded to it 312 Have there been any judgments , claims , arbitration proceedings or suits pending or outstanding against the office to perform the work or its officers within the last six years 313 Has the office to perform the work filed any lawsuits or requested arbitration with regard to construction contracts within the last six years 314 If the answer to any of the questions under Paragraph 31 is yes , provide the name of the Project , Owner , and Architect Engineer , including Company name , address and phone number , associated with the event 315 List any federal , state , or local government agencies , which have excluded or barred the office to perform the work or any of its members , from bidding on construction projects Attach documents as necessary Explain briefly the events leading to such exclusion Attach documents as necessary Attach copies of any letters , etc which rescind exclusions 316 Has the Contractor ever been denied Prequalification by any Public body in North Carolina in the last six years If so , provide the date , the name and address of the entity , the reason for denial , and attach a copy of the notice of denial [ NOTE Please provide accurate and complete information when responding to this question The Owner and Architect have prequalified numerous projects in the past , and maintain a database of those Contractors who have been disqualified on those projects ; as well as other projects Incorrect and or misleading information are grounds for possible rejection ] 317 Has the Contractor ever been alleged to have been in substantial noncompliance with the terms and conditions of a prior construction contract with a public body If so , provide the name of the Project , Owner and Architect Engineer , including Company name , address and phone number , associated with the contract , and an explanation of the allegations and any resolution or current status of such allegations 4 EXPERIENCE 41 List all construction projects that the specific office which will perform this work has in progress Do not include projects being performed by a home office or branch office other than the specific office that will perform this work Include for each project listed , the following 411 Owner’s name , address , project location , and contact person with phone number of each project This is critical information and will expedite the evaluation process , should the Owner and or Architect contact the reference 412 Total construction Contract Amount 413 Architect’s firm name , telephone number , and appropriate contact person This is critical information and will expedite the evaluation process , should the Owner and or Architect contact the reference 414 Name of the Project Manager and Site Superintendent who had direct responsibility for said project [ s ] 415 Clearly indicate those projects which will receive involvement of the Project Management Team for this project as indicated under Subparagraph 441 42 Attach a list of all projects Public Safety , or otherwise in excess of 10,000,000 , total construction value , that the office to perform the work has successfully completed since January 1 , 2010 ; and that had involvement of one or more of those identified as the Project Management Team For paragraph 42 , limit the list to projects performed by the Project Management Team or any member of the Project Management Team Do not include projects being performed by a home office , branch office other than the specific office that will perform this work , or projects that did not involve one or both of those identified as the Project Management Team Include for each project listed , the following 421 Owner’s name , address , project location , and contact person with phone number of each project This is critical information and will expedite the evaluation process , should the Owner and or Architect contact the reference 422 Total construction Contract Amount 423 Architect’s firm name , telephone number , and appropriate contact person This is critical information and will expedite the evaluation process , should the Owner and or Architect contact the reference 424 Name of the Project Manager and Site Superintendent who had direct responsibility for said project [ s ] Page0177 May 17 , 2021 – 6 00 pm Continued 425 Original construction contract substantial completion date and the actual substantial completion date of each project If project was not substantially completed on time , please explain why 43 If the office to perform the work has few or no completed projects responsive to paragraph 42 , provide the same information indicated above on other projects you contend are relevant for the Owner to consider regarding the scope , project complexity , and nature of your experience 44 Describe the management system and scheduling techniques which would be employed to assure that this Project is maintained on schedule and with sufficient quality control and safety management systems 441 Attach a listing of the personnel that are to comprise the Project Management Team ie , Project Manager and Site Superintendent for this project Include the following information for each team member 4411 Name , general qualifications , and résumé 4412 Position and duties within proposed Team 4413 Length of time with the office to perform the work 4414 Experience , limited to those projects that comply with Part B , Item D3 ; and Part D , Item 42 4415 Experience for all projects 5 SURETY 51 Certify below that the Contractor will have sufficient financial ability to perform the contract that would result from such procurement ; and if a bond is required to ensure performance of a contract , that the Contractor can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type 100 Performance and Payment Bond required by the public body ; and shall be sufficient to establish the financial ability of such Contractor to perform the contract resulting from such procurement Yes No 52 Surety 521 Name of surety bonding company 5211 Rating of surety bonding company according to Bests Key Rating Guide ; list other recognized rating company if not from above 522 Name , address , and phone number of agent 523 Current bonding capacity with a contract surety bonding company 5231 For any single project 5232 For all projects 5233 Current line of bonding credit that company has extended to the Contractor ie , current outstanding bonds 524 Have Performance or Payment Bond claims been made to a surety for this Contractor on any project , past or present , within the last six years If the answer is yes , please describe the claim , provide the name and address of the company or person making the claim , and state the resolution of the claim 525 Has any company refused to bond the Contractor on any project in the last six years If the answer is yes , provide the name and address of the surety company and specify the reasons given for the refusal 6 FINANCING Financial information will be kept confidential 61 Has the Contractor ever had a Bankruptcy Petition filed in its name , voluntarily or involuntarily Yes No 611 If the answer is yes , specify the date , circumstances , and resolution 62 Is the Contractor currently in default on any loan agreement or financing agreement with any bank , financial institution , surety , or other entity Yes No 621 If the answer is yes , specify details , circumstances , and prospects for resolution 7 OTHER 71 List and or attach any additional information that the Contractor believes will assist the Owner in evaluating its qualifications for this Project The undersigned hereby acknowledges receipt of Addenda if any Addendum No , dated The undersigned Contractor is will be a Building Contractor Unlimited under the North Carolina Code of Laws The undersigned Contractor agrees to comply with and be bound by this Prequalification Procedure The undersigned hereby agrees that the Prequalification Procedure does not constitute or give rise to any contract with Johnston County The undersigned certifies under oath that the information contained in the Application , Qualification Statement , and Questionnaire and attachments thereto , and any other information submitted with this Application is complete , true , and correct so as not to be misleading or untruthful Page1178 May 17 , 2021 – 6 00 pm Continued Firm Name Seal if Corporation Address City , State , Zip Code Signature Title Date NOTARY STATE of , County of Subscribed and sworn to before me this day of , 2021 Notary Public Signature My Commission expires Notary Seal END OF CONTRACTOR’S QUALIFICATION STATEMENT AND QUESTIONNAIRE 11 Public Utilities – Landfill Sewer Pumping Station & Force Main Project – Construction Bid Rejection Request Utilities Director Chandra Farmer , PE , requested the Board to reject all bids received for the Landfill Sewer Pumping Station & Force Main Project on May 5 , 2021 Per Ms Farmer , after the bid opening , a bidder identified concerns related to the apparent low bidder’s bid package and threatened a formal bid protest related to an ambiguity in the bid package After further evaluation , County staff acknowledged the bid form did not include a specific location for the bidders to identify the proposed electrical and HVAC contractors for the proposed project Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , and carried unanimously , the Board rejected all bids received on May 5 , 2021 for the Johnston County Landfill Sewer Pumping Station & Force Main Project 12 Public Utilities – Island Creek Subdivision Wastewater Collection Facilities Agreement Utilities Director Chandra Farmer , PE , explained that the Island Creek Subdivision is located on Josephine Road in the Cleveland Township and the portion of the subdivision originally approved by the Department of Utilities as Phase III includes 71 lots Ms Farmer stated the Department of Utilities approved the water and sewer construction drawings in 2006 and the topography of the property required the design to include two wastewater pump stations , with the smaller station serving only 18 lots Due to the very low flow received by the station and the developer’s intent to acquire surrounding properties for further development , which would allow for abandonment of the station , the County agreed to allow the developer to construct the smallest wastewater pump station as a private station Ms Farmer stated the developer assumed responsibility for ownership , operation and maintenance of the small station and once the station was operational , the developer transferred the responsibility to the Island Creek Property Owners Association , Inc Ms Farmer stated in 2020 , the Island Creek Property Owners Association requested the County assume ownership , operation and maintenance of this facility , since there are no near - term plans for adjacent parcel development allowing for abandonment of this station She reported that staff evaluated the existing pump station site conditions and identified necessary improvements to upgrade the station to meet Johnston County’s Standards Ms Farmer stated staff Utilities and Legal worked with the Property Owners Association to draft an agreement outlining items required to modify the Brunswick Island Court Wastewater Pump Station to meet County Standards The agreement further states that the County will take over ownership , operation and maintenance of the facilities , if the Island Creek Property Owners Association completes the identified improvements within the next three years Ms Farmer requested the Board to consider approval of the “ Island Creek Subdivision Wastewater Collection Facilities Brunswick Island Court Wastewater Pump Station ” agreement Page2179 May 17 , 2021 – 6 00 pm Continued At the inquiry of Commissioners Ted G Godwin and Butch Lawter , Ms Farmer stated it is the Homeowners Association’s intent to fund the upgrades and bring the station up to the County standards Upon a motion by Commissioner Larry Wood , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the following agreement for the Island Creek Subdivision Wastewater Collection Facilities Brunswick Island Court Wastewater Pump Station Island Creek Subdivision Wastewater Collection Facilities Brunswick Island Court Wastewater Pump Station STATE of NORTH CAROLINA COUNTY of JOHNSTON THIS AGREEMENT made this ___ day of ___________________ , 20___ between Island Creek Property Owners Association , Inc “ ICPOA ” hereafter , and Johnston County “ County ” hereafter is for the ownership , operation and maintenance of the existing wastewater pump station located at 71 Brunswick Island Court , Garner , NC ; WITNESSETH WHEREAS , ICPOA currently owns the pump station lot , and owns , operates and maintains the existing wastewater pump station located at 71 Brunswick Island Court , Garner , NC , more specifically described as Pump Station Lot as described in the plat titled “ Island Creek Phase Six of Capital Properties of Raleigh , as shown in Plat Book 83 , Page 196 , Johnston County Registry “ Station ” hereafter ; and WHEREAS , the County owns , operates and maintains a wastewater collection system in accordance with the Waster Collection System Permit # WQCS00060 ; and WHEREAS , ICPOA desires for Johnston County to own , operate and maintain the Station NOW , THERFORE , for and consideration of the mutual benefits to the parties and the rights , powers and duties hereinafter set forth to be performed by each party , the sufficiency of which is her