June 7, 2021 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 183 Meeting of the Johnston County Board of Commissioners June 7 , 2021 10 00 am The Johnston County Board of Commissioners met in regular session Monday , June 7 , 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 Ted G Godwin opened the meeting with a prayer American Legion Post 132 Smithfield 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 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 Ted G Godwin , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – May 3 , 2021 10 00 am and 6 00 pm ; May 10 , 2021 ; and May 17 , 2021 ; and Approval of Statement and decision approving the Rezoning Request for Case 21 - 05 – Owner Daniel - Lan Development Inc and Applicant The Turner Group Inc B Social Services – Elder Abuse Awareness Day – June 15 , 2021 , adopted as follows Proclamation Elder Abuse Awareness Day June 15 , 2021 Whereas , Johnston County includes over 21,000 citizens age 65 and older or 136 that deserve to live safely with dignity and as independently as possible , with the supports they need ; and Whereas , elder abuse is most often defined as any act that harms a senior or jeopardizes his or her health , safety or welfare ; and Whereas , Johnston County’s older population is a vital , important part of the community that contributes to the social and cultural education of future generations ; and Whereas , identifying , reporting and eliminating abuse , neglect and exploitation to older persons is each community’s responsibility ; and Whereas , all residents should watch for signs of physical abuse , withdrawal , depression , anxiety , fear , and living without necessities such as food , heat , air and medicine and make it known to proper institutions Now Therefore We , the Johnston County Board of Commissioners does hereby proclaim June 15 , 2021 as Elder Abuse Awareness Day in Johnston County and encourages everyone to commit to protecting the safety and future of our older citizens th Adopted this the 7 day of June , 2021 C Planning Department – Appointment of Map and Plat Review Officers Resolution , adopted as follows Johnston County Board of Commissioners RESOLUTION OF APPOINTMENT th WHEREAS , NC Senate Bill 875 , ratified the 8 day of July , 1997 , revised Article 2 of Chapter 47 of the NC General Statutes by adding section 47 - 302 to require the Board of Commissioners of each county to designate by name one or more persons as a Review Officer to review each map and plat required to be submitted for review before recordation by the Register of Deeds ; andPage184 June 7 , 2021 – 10 00 am Continued WHEREAS , the Johnston County Board of Commissioners has reviewed the requirements for this position and discussed the qualifications needed to perform this duty ; and WHEREAS , changes in the staff of the Johnston County Planning Department require that the Johnston County Board of Commissioners update , revise , and restate the persons named as Review Officers NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners does hereby appoint Stephanie Richter of the Johnston County Planning Department as the Chief Johnston County Map and Plat Review Officer ; and further appoints Carolyn Allen of the Johnston County Planning Department as a Johnston County Map and Plat Review Officer ; and That this Resolution shall be recorded in the Office of the Register of Deeds for Johnston County as soon as practicable after its adoption ; and BE IT FURTHER RESOLVED , that any prior named Map and Plat Review Officers of Johnston County are hereby removed from that appointment th Adopted this the 7 day of June , 2021 D Tax Office - Request to Surplus Vehicle Per a request by the Tax Office , 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 2007 Chevrolet Malibu VIN # 1G1ZS58N67F195150 E Sheriff’s Office - Request to Surplus Vehicle Per a request by the Sheriff’s Office , the Board declared the following vehicle surplus which was involved in an accident and deemed a total loss 2020 Dodge Charger VIN # 2C3CDXKT2LH173508 F Tax Releases & Refunds – 04 15 2021 – 05 15 2021 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2020 2105 - 649091 2009 - 671658 David Lee Batchelor Overpayment 24507 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 4 16 2021 2 49 18 PM dwoodward2 2020 - 32793 2000189222 FFAH JOHNSON COURT , LLC 62,32287 4 19 2021 9 45 23 AM cfutch 2020 - 86842 2000119673 SEAGROVES , LINDA M 99750 4 19 2021 9 51 32 AM cfutch 2020 - 82122 2000194022 RICHARDSON , LAVERNE A 2,35399 4 19 2021 9 58 26 AM cfutch 2020 - 78055 2000080530 PORTER , DALLAS D 54040 5 4 2021 8 50 01 AM dwoodward2 2021 - 201809 2000169347 WESTBROOK , NELLIE GRACE LIFE 22222 ESTATE 5 4 2021 9 00 29 AM dwoodward2 2021 - 201811 2000169347 WESTBROOK , NELLIE GRACE LIFE 23839 ESTATE 5 4 2021 9 01 50 AM dwoodward2 2021 - 201812 2000169347 WESTBROOK , NELLIE GRACE LIFE 23839 ESTATE 5 4 2021 1 26 15 PM dwoodward2 2020 - 53613 2000082928 KENLY MISSIONARY BAPTIST 6,46772 CHRCH 5 4 2021 1 27 36 PM dwoodward2 2020 - 53615 2000118745 KENLY MISSIONARY BAPTIST 18818 CHRCH 5 5 2021 3 14 10 PM ALassiter 2020 - 79624 2000200178 QUICKSHIRTS 16084 5 6 2021 12 32 49 PM cfutch 2016 - 4689 2000185277 WLT MATTHEWS INC 1,40640 5 6 2021 12 38 28 PM cfutch 2017 - 26085 2000185277 WLT MATTHEWS INC 1,40640 5 6 2021 12 40 40 PM cfutch 2018 - 105495 2000185277 WLT MATTHEWS INC 1,40640 5 7 2021 4 40 08 PM cfutch 2020 - 200689 2000221480 COX , LLOYD JEHU JR 98646 5 10 2021 8 55 54 AM dwoodward2 2021 - 201813 2000167951 WESTBROOK , NELLIE GRACE LIFE 21982 ESTATE 5 10 2021 8 57 53 AM dwoodward2 2021 - 201814 2000167951 WESTBROOK , NELLIE GRACE LIFE 22537 ESTATE 5 10 2021 8 59 03 AM dwoodward2 2021 - 201816 2000167951 WESTBROOK , NELLIE GRACE LIFE 22537 ESTATEPage185 June 7 , 2021 – 10 00 am Continued Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 4 19 2021 9 49 38 AM cfutch 2021 - 201867 2000119673 SEAGROVES , LINDA M 49875 4 19 2021 9 52 53 AM cfutch 2021 - 201866 2000194022 RICHARDSON , LAVERNE A 1,17700 4 19 2021 9 59 44 AM cfutch 2021 - 201865 2000080530 PORTER , DALLAS D 38378 4 19 2021 3 07 47 PM ajsoutherland 2020 - 20651 2000044541 COATS , FRANCIS CHARLES 1,28347 4 19 2021 3 12 36 PM LOCKBOX 2020 - 21256 19623960 COLLIER , JOHN ROLAND 10000 4 19 2021 3 12 36 PM LOCKBOX 2020 - 101531 92985800 WEEKS , KENNETH RAY 28303 4 19 2021 3 26 06 PM ajsoutherland 2020 - 5537 2000047813 AUTON , DAVID 12151 4 21 2021 12 14 00 PM ajsoutherland 2020 - 95742 87443345 TERRY , CAROLYN 1,34209 4 22 2021 8 31 27 AM ajsoutherland 2020 - 112941 2000220457 PIERCE , RONALD 19572 4 27 2021 12 32 40 PM Jodee 2020 - 112941 2000220457 PIERCE , RONALD 16010 Langdon 4 30 2021 1 38 25 PM tcronan 2020 - 76431 2000061024 PETTIFORD , GEORGE E 25159 5 3 2021 3 19 55 PM LOCKBOX 2020 - 57841 2000198388 LEE , JOHN M 13110 5 5 2021 3 46 46 PM ajsoutherland 2020 - 68297 2000146047 MORALES , GUILLERMO MATEO 14285 5 6 2021 12 37 20 PM cfutch 2016 - 4689 2000185277 WLT MATTHEWS INC 1,40640 5 6 2021 12 39 36 PM cfutch 2017 - 26085 2000185277 WLT MATTHEWS INC 1,40640 5 6 2021 12 41 43 PM cfutch 2018 - 105495 2000185277 WLT MATTHEWS INC 1,40640 5 6 2021 3 23 23 PM ajsoutherland 2020 - 78077 2000183840 POWELL , ANITA B 2,91003 5 7 2021 3 22 50 PM ajsoutherland 2020 - 112941 2000220457 PIERCE , RONALD 18191 5 7 2021 4 43 58 PM cfutch 2020 - 200689 2000221480 COX , LLOYD JEHU JR 98646 5 11 2021 6 11 42 AM ONLINE 2020 - 44984 2000058433 HOLDER , BOYD JR 1,44969 5 12 2021 11 07 20 AM tcronan 2020 - 20940 2000143861 CIDER HOUSE STUDIO 10528 North Carolina Vehicle Tax System - Pending Refund Report – April 2021 100 + Payee Name Bill # Transaction Refund Total Change # Reason HALL , 0059582655 144284106 Adjustment 14174 STEPHEN 1492 EARL JR 15666 JONES , 0059704414 143265860 Adjustment 11841 MARK 1130 HOWARD 12971 LEE , LINDA 0060682091 289128860 Situs error 000 LEE 11087 1410 3696 13373 May 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 4 15 21 to 5 15 21 Tax refunds - Personal Real Property 41047 Tax releases - Personal Real Property 12947 Motor Vehicle Release Refund 12729 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 also thanked the citizens of Johnston County for doing their part to help slow the spread of the virus Dr Pearson stated the number of positive cases for Johnston County now totals over 21,000 and the current positivity rate isPage186 June 7 , 2021 – 10 00 am Continued 41 , noting that the positivity rate has improved which is good news Dr Pearson stated the Health Department is currently responding to five outbreaks and one cluster Dr Pearson stated testing continues as well as vaccinations at the Health Department She noted they are providing outreach vaccination clinics and that JCATS is available to assist citizens with transportation if needed 4 Public Comments A Johnston County Schools – Reallocation of Funds Johnston County Board of Education Chairman Todd Sutton presented a resolution adopted by the Board of Education at their most recent meeting requesting the Commissioners to approve the reallocation of 2018 bond funds to cover proposed facility upgrades at Clayton High School Mr Sutton explained that they are requesting approval to utilize alternative funds Cares ESSER funds to cover a chiller replacement project at West Clayton Elementary School He stated 750,000 of the bond funds could then be used to upgrade the playing surfaces of the football and soccer fields at Clayton High School Mr Sutton stated the Department of Public Instruction has already approved the improvements Mr Sutton also stated that the Town of Clayton has committed over 700,000 towards the improvements and they have agreed to assume the routine maintenance of the athletic fields at Clayton High School Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved the reallocation of 2018 bond funds as requested by Johnston County Schools Commissioner Butch Lawter stated this is a good project that has gained momentum through a partnership between the Town of Clayton and Johnston County Schools and he feels it demonstrates good cooperation efforts by everyone Chairman Chad M Stewart noted that all the projects originally part of the voter approved 2018 bond referendum will still be completed and this is just a reallocation of funds due to CARES Act monies received which were not anticipated in 2018 Mr Sutton agreed and stated there may be further opportunities like this in the future B Citizen Comments – Ken Taylor Ken Taylor , 1755 Gordon Road , Clayton addressed the Board and thanked the Commissioners for recently appointing him to the Local Emergency Planning Committee Mr Taylor stated he has been studying the Emergency Operations Plan EOP of the County in advance of attending upcoming meetings Mr Taylor shared some of his observations with the Board regarding the EOP C Comments from April Lee for the Johnston County Association of Educators April Lee , President of the Johnston County Association of Educators , addressed the Board and spoke regarding funding for education She requested the Board to consider adopting a resolution urging legislators to vote for legislation that does the following 1 Ensures equitable resources for all school districts a Increases North Carolina’s per - student spending in order to more equitably support student learning throughout our state , including in rural and less wealthy districts , by enacting the reforms listed below , and b Approves a statewide K - 12 school construction and renovation bond that provides Local Education Agencies with much needed funds , and c Reduces barriers to student learning by expanding funding for broadband , high speed internet access in North Carolina , with an emphasis on rural , lower - wealth , and communities of color that lack access , and d Freezes funding for the NC private school voucher program at current levels until the policy objectives named above have been achieved , and requires any private school accepting vouchers to meet the same academic , financial , and transparency standards as are other institutions receiving public funds 2 Supports the mental health and physical health of students and communities PagePage pageNumber5187 June 7 , 2021 – 10 00 am Continued a Expands funding for districts to hire more school nurses , counselors , social workers , psychologists , and instructional assistants , to support the academic , social , and emotional well - being of students , and b Restores state health care benefits for school workers who retire after a lifetime of service to our students , including individuals hired during and after January of 2021 , and 3 Provides sustainable wages and addresses pay inequity by a Provides education support professionals with a living wage by guaranteeing a 15 minimum base pay for all NC school workers , and adjusts the relevant pay scale accordingly to avoid wage compression , and b Reforms the salary scale to provide a 5 salary increase and subsequent cost of living adjustments for active and retired educators , and to restore longevity and masters pay to improve educator recruitment and retention of experienced educators The Board thanked Ms Lee for the information 5 Public Hearing – Proposed Fiscal Year 2021 - 2022 County Budget Advertised – The News & Observer , The Johnstonian News , and The News in Review – May 26 , 2021 The Chairman opened the public hearing for the purposes of allowing public comment on the proposed Fiscal Year 2021 - 2022 County budget The proposed budget and budget message have been completed and copies made available for distribution as well as posted on the County’s website County Manager’s Budget Message County Manager Rick Hester requested the budget message be inserted into the minutes , as follows Johnston County Fiscal Year 2021 - 2022 Budget Summary Dear Board Members , The proposed Fiscal Year 2021 - 2022 General Fund budget is presented with a one cent reduction in the property tax rate to 75 cents per 100 valuation The budget is shown at 282 million ; however , 14 million of that is due to anticipated revenues exceeding expenses , the difference of which must be placed in an expense account Staff has proposed for those funds to be placed in a General Fund capital outlay account With that said , the actual anticipated expenses for this proposed budget is 268 million Based on the April 30 , 2021 financial analysis , the June 30 , 2021 fund balance percentage is expected to be comparable to other North Carolina counties of similar size and credit ratings Please note the County’s current financial position should allow us to plan and pay for large capital projects , as well as future bond referendums A special thanks to Finance Director Deputy County Manager Chad McLamb and the outstanding county - wide team for their work on this budget It has truly been a team effort NEW DEBT SERVICE INCLUDED In the General Fund , a new debt service payment is included for the final 36 million 2018 bond referendum for Johnston County Public Schools and Johnston Community College A sincere thank you goes to the voters that have passed six bond referendum packages in the last 20 years Please note the County was originally planning to sell the last 36 million in two separate installments ; however , given the current low interest rates , it was in the County’s best financial interest to sell now in one installment The interest rate for the recent 36 million sale is 158 Also , subject to Board approval , debt service is included in this proposed budget for the first installment of the proposed Public Safety Center Phase II project If the Board chooses to move forward , Phase II would be located on the same site as the new detention center and would house the Sheriff’s Office , 911 - Communications and Emergency Services We anticipate having bids for Phase II for the Board to consider this summer PagePage pageNumber6188 June 7 , 2021 – 10 00 am Continued PLANNING FOR FUTURE CAPITAL NEEDS Per the Board’s request from this year’s work session , staff issued a Request for Qualifications RFQ for firms interested in completing a county office space needs analysis In addition to new ideas , the analysis will include several options and phases that were presented and discussed at the work session We anticipate selecting a firm to begin the analysis this summer Staff sincerely thanks the Board for making future office space needs a priority The County will also be collaborating with Johnston County Public Schools and Johnston Community College on their capital needs planning , likely through future bond referendums FUNDING FOR EDUCATION PARTNERS We are fortunate to enjoy a great working relationship with our education partners , Johnston County Public Schools and Johnston Community College , and we appreciate their communication and transparency For everyone involved , this has been an unusual year and there are still many uncertainties beyond anyone’s control I believe that in a year from now , as we begin preparing for the Fiscal Year 2022 - 2023 budget , we will all have a better baseline of information to work with With that said , recommended allocations are shown below with anticipated further discussions in June and throughout the upcoming year regarding reserves , projected actual enrollment figures , and impacts of state funding FY 21 - 22 Current Expense FY 21 - 22 Capital Outlay JCPS 72,500,000 1,200,000 JCC 4,545,000 454,756 Regarding current expense funding for JCPS , in the current FY 2020 - 2021 budget , the County appropriated 72 million while JCPS contributed 4 million for a total of 76 million Capital outlay appropriations were , and are , separate from current expense allocations EMPLOYEE COMPENSATION We have an outstanding team of employees , and we are in a highly competitive region when it comes to compensation With that said , funds are included for a July across - the - board pay adjustment of 21 , and for performance pay merit adjustments of up to 15 in September In the past , performance pay began in October ; however , this year I am proposing to move that up to September A sincere thank you goes to the Board for approving delayed pay adjustments in the current fiscal year budget Secondly and separately , we will continue to internally monitor and evaluate regional pay market conditions throughout the year , and make necessary adjustments up to allowable amounts per the Personnel Policy PROPOSED NEW POSITIONS - GENERAL FUND There are 39 new positions proposed in the General Fund budget for next fiscal year with 28 of those requested for the last two remaining contracted EMS agencies Four Oaks EMS and 50 - 210 EMS who will be transitioning their operations to the County effective July 1 , 2021 A significant portion of the associated expenses for those 28 positions will be offset by additional billing revenue to the County as well as funds that would normally go to the contracted agencies as stipends The Department of Social Services DSS initially requested 14 positions My recommendation is to approve 10 DSS positions now , retain the funds in the budget for the remaining 4 positions , and then evaluate those for possible consideration later in the fiscal year Partial federal reimbursement is provided for some of these positions The other position requested in the General Fund is for Human Resources PROPOSED NEW POSITIONS - ENTERPRISE FUNDS There are 5 new positions being requested in the Public Utilities Enterprise Fund and 7 in the Solid Waste Enterprise Fund PagePage pageNumber7189 June 7 , 2021 – 10 00 am Continued PROPOSED FEE INCREASES The Department of Public Utilities is proposing a comprehensive list of fee adjustments This information is included in the memo from Utilities Director Chandra Farmer in the supporting documentation section of the budget The Department of Solid Waste Services is requesting a 3 tipping fee increase at the Landfill and a 3 increase in the minimum weigh ticket transaction No adjustment is proposed for the convenience sites decals , which are slated to be eliminated in the summer of 2023 I look forward to discussing the proposed budget at the upcoming budget meetings Please let me know if you have any questions Sincerely , Rick J Hester County Manager The Chairman called for any others that wished to speak on the budget to come forward Veterans Memorial Park in Benson , North Carolina Mr George Murphy , Commander of the American Legion Post 109 in Benson , stated several years ago he met with Benson Mayor Jerry Medlin to establish a Veterans Memorial Park in Benson Mr Murphy stated that although COVID has delayed their efforts , they have been working hard on the project He stated they are in the process of raising funds for the memorial park and have approximately 30,000 in pledges along with 10,000 from American Legion Post 109 Mr Murphy requested the Board to consider allocating funds in the Fiscal Year 2021 - 2022 budget in the amount of 75,000 towards the project He stated the total cost of the project is approximately 125,000 At the inquiry of Chairman Chad M Stewart , Mr Murphy stated Mayor Medlin has stated the Town will contribute funding ; however , he does not know the actual amount Mr Murphy stated if Benson builds the sidewalks , removes the trees , and completes all the required landscaping for the park , then that would be a sufficient donation to the project He stated the Town would also assume the maintenance for the park Mr Murphy stated if funds are raised in excess of the cost of the park , those funds would go into a trust towards the maintenance ReEntry ReEntry Executive Director Dot Ehlers addressed the Board and requested funding for the Fiscal Year 2021 - 2022 budget year Ms Ehlers stated ReEntry is a small non - profit that has served Johnston County for the past 25 years She stated the County has allocated 5,000 a year for the past two years which was appreciated Ms Ehlers asked the Board to consider appropriating 15,000 for Fiscal Year 2021 - 2022 She stated they serve 60 people each week and because of the COVID - 19 Pandemic , they have had to move some of their programs to an online platform Ms Ehlers spoke on her staff and the cuts they have made in expenses in order to serve as many as they can She stated the increased allocation would allow her to hire a part - time case manager At the request of Commissioner Larry Wood , Ms Ehlers provided the Board with a brief overview of all their services Beaver Management Assistance Program BMAP BMAP Western District Supervisor Chris Willis reported Johnston County has participated in the program for over 20 years Mr Willis stated the County has contributed 6,000 a year to participate in the program , which helps to offset the costs to landowners 25 per visit and 125 per large beaver dam removed Mr Willis explained that in October of 2020 , the BMAP Advisory Board set an estimated 100 visits could be completed for the 6,000 participation fee He stated from July 1 , 2020 to date , 23 jobs have been completed in Johnston County for private landowners , the Department of Transportation , and some County land , which equaled 150 visits Mr Willis stated no services have been cut , but he would like to request an additional 5,000 above and beyond the participation fee of 6,000 in order to maintain the current level of service Mr PagePage pageNumber8190 June 7 , 2021 – 10 00 am Continued Willis stated if the County chooses not to contribute the additional funds , services would still be offered in Johnston County ; however , the landowners would be charged the full price of the job Moccasin Creek Service District Board Johnston County Soil & Water Conservation District Supervisor Gregory Walker addressed the Board on behalf of the Moccasin Creek Service District Board Mr Walker stated the District is requesting the Board to consider allocating 25,000 as matching funds for a grant to be used to fund a preliminary engineering study to determine how best to stabilize the district due to severe damage from Hurricanes Matthew and Florence as well as several flash flood events Mr Walker shared the following presentation with the Board PagePage pageNumber9191 June 7 , 2021 – 10 00 am Continued Mr Walker shared images of the Moccasin Creek Service District with the Board showing some of the damage that needs to be repaired Commissioner Tony Braswell noted that the property owners within the District pay taxes to support the District and he asked if the Towns of Selma and Pine Level contribute anything from their budgets Mr Walker stated he is unsure of the amounts that the towns contribute , but would research that information At the inquiry of Commissioner Ted G Godwin , Commissioner Braswell stated the Moccasin Creek Service District Advisory Board oversees how the tax monies are spent within the District Upon a question by Commissioner Butch Lawter , Mr Walker stated the study would look at the problem from the standpoint of finding ways to maintain the District now as well as in the future Page0192 June 7 , 2021 – 10 00 am Continued Citizen Ken Taylor Ken Taylor , 1755 Gordon Road , Clayton , addressed the Board and complimented County Manager Rick Hester and his staff on the preparation of the proposed budget Mr Taylor reported he had a few questions regarding the purchase of standard items such as copy machines and Finance Director Deputy County Manager Chad McLamb was able to answer those questions Mr Taylor encouraged the Board to look at Technology Services to see if there are any economies of scale or standardization that could be achieved Mr Taylor spoke on the importance of security as it relates to Information Technology for the County Mr Taylor also spoke on the budget for Industrial Development as it relates to the Eastfield Development Project Mr Taylor questioned when that development would be able to stand on its own and grow without taxpayers ’ assistance County Manager Rick Hester stated the County budgets funds for economic development incentive grants ; however , he clarified that the timing of those funds are directly related to the jobs created and the investments made before incentive payments are released Commissioner Tony Braswell further clarified that the economic development incentive grants are based on tax money paid by the company and not citizen taxpayer dollars Johnston Community College Johnston Community College President Dr David Johnson addressed the Board Dr Johnson stated last year’s allocation from the County for current expense was 4,500,000 which was 228,000 less than the previous year He stated the College is requesting 4,853,910 for Fiscal year 2021 - 2022 and the proposed budget currently appropriates 4,545,000 Dr Johnson stated while they appreciate the proposed increase from last year’s allocation , it is still 309,000 less than their current request Dr Johnson stated they currently have 1,636,000 in their fund balance ; however , that entire amount is committed for projects into next fiscal year and he reviewed those projects with the Board At the inquiry of Commissioner Patrick E Harris , Dr Johnson confirmed that they are requesting 4,853,910 for current expense and 1,178,776 plus and additional 912,400 for capital outlay for a total request amount of 6,945,086 Dr Johnson clarified that they would be depleting their fund balance of 1,636,000 for facilities improvements and not operations The Board thanked Dr Johnson for the information There being no further comments , the Chairman closed the public hearing The Chairman announced that the Board would hold additional special meetings to discuss the budget as follows ? Monday , June 14 , 2021 at 6 00 pm Special Meeting for budget discussions ? Monday , June 21 , 2021 at 6 00 pm Regular mid - month meeting to include anticipated budget adoption as part of the agenda Meetings to be held in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse in Smithfield 6 Public Hearing CDBG Closeout – Selma Equalization & Wastewater Pump Station Flood Resiliency Improvements Project Advertised – The News & Observer ; The Johnstonian News ; and the Four Oaks - Benson News In Review – May 26 , 2021 The Chairman opened the public hearing for the purposes of reviewing and assessing the performance of the Fiscal Year 2017 Community Development Block Grant CDBG for the Selma Equalization & Wastewater Pump Station Facilities Flood Resiliency Improvements Utilities Director Chandra Farmer , PE , read from the following prepared statement This is the required public hearing for the Johnston County Community Development Block Grant – Infrastructure Project 17 - I - 2965 , Selma Equalization and Wastewater Pump Station Facilities Flood Resiliency Improvements Project The Johnston County CDBG - I Project 17 - I - 2965 Project consisted of the construction of 4,088 LF of 16 ” force main and proposed flood resiliency improvements at the SelmaPage1193 June 7 , 2021 – 10 00 am Continued Equalization and Wastewater Pump Station Facility The improvements included the relocation of the existing electrical building approximately 100 feet to the southeast and the installation of concrete risers in the existing pump and equipment vaults in Selma , Johnston County , North Carolina The final as - built construction included • Total of 4,130 LF of 16 ” force main installed ; • 270 LF 16 ” HDPE installed by Horizontal Directional Drill ; and • 250 linear feet of 16 ” PVC by Bore - and - Jack This project benefited approximately 6,070 low - moderate income homes totaling 8460 LMI The project was bid on March 3 , 2020 Moffat Pipe , Inc was the low bidder at 1,289,15000 The Johnston County Board of Commissioners officially awarded the project on April 6 , 2020 There were two change orders issued for the project The first was to add Utility Location via Vacuum Excavation to the project to locate unmarked lines on the pump station site The County and Contractor agreed to share cost for the expense to avoid damages to existing facilities Change Order No 1 was issued August 18 , 2020 and resulted in an increase of 2,50000 to the contract price The second change order was issued on April 30 , 2021 and included the following modifications ? Installation of a NEMA 1 Panel and NEMA 3R Transformer , to assist with transfer of power from the existing to new building ; ? Changing the wetwell level measurement from the specified bubbler to a level transducer ; ? Installation of a 14 - foot - wide double gate , for access to the force main route ; ? Labor and equipment for pipe and valve reconfiguration at the pump station to provide additional flexibility for the flow equalization tanks ; ? Removal of wetwell floor and wetwell and valve vault pipe coating from the contract ; and ? Increasing the bypass connection from an 8 - inch to 12 - inch The final contract quantities were also adjusted as part of Change Order 2 These modifications increased the contract price by a net total of 5,44996 The final Contract Price was 1,297,99596 870,13090 was funded by the CDBG - I Project No 17 - I - 2965 , and 426,96906 in County funds from the Sewer Fund Fund 68 We are glad to report this project has been completed The Chairman called for anyone present that wished to speak to come forward The Clerk to the Board reported that no emails or correspondence had been received from citizens for the hearing There being no further comments , the Chairman closed the public hearing 7 Sheriff’s Office – Request to Surplus Vehicles and Approve Public Auction Sheriff Steve Bizzell requested the Board to declare the following vehicles surplus and approve for them to be sold at a public auction by Randy Wester Auction Company on Saturday , August 7 , 2021 at 10 00 am Sheriff Bizzell stated if approved , the public auction would be held at the Johnston County Sheriff’s Office Fleet Services building located at 60 Shelter Way in Smithfield He offered to answer any questions Year Make Model VIN Mileage 1 2016 DODGE CHARGER 2C3CDXAT0GH303664 133,671 2 2015 DODGE CHARGER 2C3CDXAT9FH880806 138,305 3 2015 DODGE CHARGER 2C3CDXAT3FH876766 142,941 4 2015 DODGE CHARGER 2C3CDXAT8FH880800 143,930 5 2015 DODGE CHARGER 2C3CDXAT5FH880804 145,153 6 2014 DODGE CHARGER 2C3CDXAT8EH145829 130,147 7 2014 DODGE CHARGER 2C3CDXAT4EH362309 136,932 8 2014 DODGE CHARGER 2C3CDXAT9EH366873 137,704 9 2014 DODGE CHARGER 2C3CDXAT1EH362316 137,811 10 2014 DODGE CHARGER 2C3CDXAT6EH358584 137,956 11 2014 DODGE CHARGER 2C3CDXAT6EH145828 139,918 12 2014 DODGE CHARGER 2C3CDXAT9EH145838 142,221 13 2014 DODGE CHARGER 2C3CDXAT2EH362311 142,812 14 2014 DODGE CHARGER 2C3CDXAT6EH362313 144,627 15 2014 DODGE CHARGER 2C3CDXAT0EH145842 152,125 16 2014 DODGE CHARGER 2C3CDXAT7EH366872 153,121 17 2014 DODGE CHARGER 2C3CDXAT8EH362314 125,350Page2194 June 7 , 2021 – 10 00 am Continued 18 2013 CHEVROLET IMPALA 2G1WB5E35D1187257 127,048 19 2013 CHEVROLET CAPRICE 6G1MK5U26DL811306 144,744 20 2013 SEA ARK 20 ’ BOAT SOM36273H213 21 2013 LOAD RITE BOAT TRLR 5A4RS3T26D2003028 NOTE Items # 20 & # 21 were purchased with funds received from the NC Department of Revenue , and proceeds from the sale of this equipment must be credited back to the appropriate revenue line item in the Sheriff’s Office budget Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Tony Braswell , and carried unanimously , the Board declared the vehicles as listed surplus and approved for them to be sold at a public auction by Randy Wester Auction Company on Saturday , August 7 , 2021 at 10 00 am at the Johnston County Sheriff’s Office Fleet Services building located at 60 Shelter Way in Smithfield 8 Archer Lodge Fire Department – Request for Tax Exempt Loan Status Finance Director and Deputy County Manager Chad McLamb reported the Archer Lodge Volunteer Fire Department is requesting the Board to adopt a resolution approving tax exempt loan status so they can borrow up to 200,00000 from KS Bank Mr McLamb stated the loan is for the purchase of a 2021 Kenworth Tanker at an interest rate of 157 with a 7 year term He noted financing proposals were requested with three received by the fire department Mr McLamb stated he has reviewed the proposals and recommends financing with KS Bank Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , and carried unanimously , the Board adopted the following resolution approving tax exempt loan status for the Archer Lodge Fire Department NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Archer Lodge Volunteer Fire Department , Inc the “ FD ” , from KS Bank in an amount up to 200,00000 for the purchase of a 2021 Kenworth Tanker RESOLVED , FURTHER , that the approval of the loan to the FD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the FD because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , as amended , and such approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt Duly certified by the execution hereof and the placement hereon of the seal of said th county , this 7 day of June , 2021 9 Emergency Services – Approval of Fire Department Contracts Fire Marshal Adam Stanley requested the Board to approve the 2021 - 2023 fire department contracts , which are revised and renewed every two years Mr Stanley reported that no changes are being requested within the contracts this time He stated the current contracts expire on June 30 , 2021 and the new contracts would be effective on July 1 , 2021 Mr Stanley offered to answer any questions Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the following fire department contracts for 2021 - 2023 NORTH CAROLINA JOHNSTON COUNTY INTERLOCAL AGREEMENT FOR PROVISION OF FIRE PROTECTION SERVICES This Agreement sometimes referred to as “ Contract ” , made and entered into this the first day of July , 2021 , by and between County of Johnston , a political subdivision of the State of North Carolina , hereinafter referred to as the “ County , ” and the Town of __________ , a body politic and corporate of the State of North Carolina , hereinafter referred to as the “ Town ” or “ Contractor ” ; WHEREAS , the Town and the County are authorized pursuant to NC General Statute § 160A - 460 , et seq , to enter into an interlocal agreement ; and WHEREAS , the Town and the County wish to enter into such an agreement by which the County will assess and collect a special fire tax and the Town will provide certain fire protection services as described herein Now therefore , in consideration of the mutual promises contained herein and other good and valuable consideration , the parties hereto contract and agree as follows Page3195 June 7 , 2021 – 10 00 am Continued 1 The County agrees that it will cause to be assessed or levied a special fire tax within statutory limits after consultation with the Town ; and will collect said fire tax on an ad valorem basis on property within the __________ Fire Protection Service District hereinafter the “ District ” 2 The Town , after consultation with the Fire District Tax Commission for the District , shall submit in writing to the Johnston County Fire Marshal a proposed budget and the requested rate of fire tax to be levied by the established deadline each year This request shall be forwarded to the Johnston County Manager and the Johnston County Board of Commissioners for consideration by the Johnston County Board of Commissioners The Johnston County Board of Commissioners will determine and approve , in its discretion , the amount to be assessed or levied , taking into consideration the needs of the citizens of the District and the budget projections submitted by the Town and the recommendations of the Fire District Tax Commission 3 “ Fire Department ” as used herein refers to the Town , acting by and through its Fire Department 4 Funds collected by the County as a result of said special fire tax shall be distributed in accordance with the rate of fire tax levied per hundred dollars valuation of all real property and personal property in the District and the provisions established by the Johnston County Finance Office 5 Fire Protection Service District NC General Statute 153A - 301 funds levied and collected by the County and paid to the Fire Department by the County shall be used exclusively for fire department operations to provide fire protection and emergency services in the District , whether within or outside the Town’s corporate boundaries , and other areas of response as dispatched and to meet the standards established by this Agreement 6 The Fire Department will furnish fire protection and related emergency services pursuant to the standards set forth by the North Carolina Department of Insurance , County , and all other pertinent federal , state , and local laws and regulations within the Fire District sometimes referred to herein as “ primary service area ” and shall provide the necessary equipment , personnel , and those things necessary for furnishing such protection in the District The District is defined in the map of the Fire Protection Service District on record with the Clerk to the Johnston County Board of Commissioners and in the GIS Land Records Management of Johnston County The services shall be in accordance with minimum standards set forth in this Agreement and all future amendments adopted in accordance with paragraph 18 of this Agreement The Fire Department shall furnish said fire protection without charge to all persons and property located in the District in an efficient and competent manner This provision shall not prohibit the Fire Department from recouping costs and expenses from incidents or from entering into contracts with the Federal , State , or local governments or utility companies for the provision of emergency protection services for a fee , or from applying for and or receiving any donations , grants , or contributions of any kind , whether governmental or private 7 Fire Department agrees that County has the right to inspect all books and accounts of Fire Department at any time Said inspection shall be conducted by the Johnston County Board of Commissioners through the Johnston County Fire Marshal , the Johnston County Finance Officer , or other designees of the Johnston County Board of Commissioners The Fire Department shall furnish all applicable materials and financial statements for the purpose of the annual audit conducted by the Town in conformity with General Accepted Accounting Principles or other comprehensive basis of accounting The Town shall follow the applicable statutory procedures for letting of public contracts for fire apparatus , equipment , and construction as may be amended by the North Carolina Legislature from time to time Fire Department shall maintain an accurate inventory of any property with a purchase price of 5,00000 or greater purchased in whole or in part with County Fire District funds for the purpose of providing and furnishing fire protection services to the Fire District pursuant to this Agreement 8 If any condition of this Agreement is not being fulfilled by Fire Department to the satisfaction of County , in County’s sole discretion , the Johnston County Finance Officer has the right to withhold any and all funds to be paid to Fire Department under this Agreement at any time and until such time as the Fire Department complies with the terms of this Agreement If Fire Department refuses or fails to provide fire protection services , facilities , or functions as contemplated under this Agreement and to the sole satisfaction of County , the Johnston County Fire Marshal shall investigate the cause of said refusal or failure During the investigation by the Johnston County Fire Marshal , County may withhold any and all funds due and payable to Fire Department If the investigation by the Johnston County Fire Marshal determines that Fire Department has refused or failed to perform the duties and obligations of it as required herein , and certifies the results of the investigation to the County Manager , the County Manager may instruct the Finance Officer to withhold any and all funds to be aid to Fire Department under this Agreement until a resolution regarding the refusal or failure to perform is reached by the parties If a resolution is unable to be reached by the parties , County , in its sole discretion , may withhold any and all funds to be paid to Fire Department under this Agreement , terminate this Agreement for cause , or take any other such action as County deems necessary to protect the citizens of the District Fire Department’s failure to file reports required of it to any Federal , State , or local authority shall be grounds for County to terminate this Agreement with Fire Department for cause If this Agreement is terminated by County for cause , Fire Department shall be liable to County for any and all funds appropriated and paid to Fire Department during the fiscal year in which the termination occurs Additionally , FirePage4196 June 7 , 2021 – 10 00 am Continued Department shall not be relieved of its obligations to County under paragraph 7 of this Agreement Nothing herein shall affect Fire Department’s ultimate rights to payments , or County’s responsibility for payments , as outlined herein for services actually rendered by Fire Department prior to the effective date of any termination Nothing herein shall prevent County and Fire Department , in the event of a termination of this Agreement for any reason , from entering into an agreement to provide services beyond the effective date of any such termination 9 The Fire Department shall obtain and keep in force during the term of this contract the following minimum insurance coverage a Worker’s Compensation Coverage for all paid and volunteer workers meeting the statutory requirements of the State of North Carolina ; b Comprehensive General Liability , Malpractice , and Errors and Omissions Coverage with minimum limits of 1,000,00000 per occurrence , 1,000,00000 aggregate combined single minimum for bodily injury liability and property damage liability ; c Business Auto Policy Coverage with minimum limits of 1,000,00000 per occurrence combined single limit for bodily injury liability and property damage liability This shall include owned vehicles , hired , and non - owned vehicles and employee non - ownership d Management or Directors and Officers Liability Coverage with minimum limits of 1,000,00000 per claim and 2,000,00000 aggregate e Umbrella Liability Coverage with a minimum limit of 1,000,00000 with underlying coverage of auto liability , general liability , employer’s liability , and 1,000,00000 aggregate f County as an Additional Insured County of Johnston shall be named as an additional insured on all policies of insurance required hereunder Fire Department shall furnish County a certificate of insurance annually g Indemnity Agreement Fire Department shall and hereby agrees to indemnify and save harmless County , from any and all liability and expenses , including attorney’s fees , court costs , and other costs incurred by County caused by the negligent acts or omissions of Fire Department , its volunteers , agents and employees h Nothing contained herein shall be construed as a waiver of immunity by the County 10 The Fire Department shall provide services within the District NC General Statute 153A - 233 and maintain a minimum of a 9S E rating or better with the North Carolina Department of Insurance , Office of State Fire Marshal The Fire Department , shall continuously comply with all applicable laws , ordinances , and State regulations Fire Department shall submit to the Johnston County Fire Marshal a written plan outlining how it will maintain or upgrade its current insurance rating when requested by the Johnston County Fire Marshal 11 The Fire Department shall use reporting software supplied by Johnston County The following information is required to be reported in the reporting software to be used for compiling reports 1 Incident ; 2 Staff ; 3 Hydrants Testing and Maintenance ; 4 Training Fire Incident Reports shall be th completed , utilizing the software provided by County , by the 10 day of the month showing completion of the reports for the previous month The Fire Department shall keep all reports and records on site at Contractor’s principal place of business for at least five years from the creation date All mandatory State and County reports and rosters shall be submitted to the appropriate authority by the requested deadline 12 The Fire Department shall provide annually to the Johnston County Fire Marshal’s Office a current and complete roster of members of the Fire Department to include contact numbers for the Chief and Assistant Chief s 13 The Fire Department agrees to provide automatic and mutual aid services to other emergency services providers in Johnston County The Fire Department understands that other agencies will maintain their own liability policies and be responsible for their own expenses The Fire Department further agrees that it will be responsible for its own expenses while responding to a request for mutual aid to another agency within the county The current automatic aid agreement is included in Appendix A of this contract In areas where the fire district has been extended to six miles , the Fire Department agrees to maintain agreements with adjoining districts to respond with a minimum of one apparatus capable of transporting a minimum of 1,000 gallons of water to all alarms involving reported structure fires This apparatus will be dispatched simultaneously with the department within whose district the incident occurs 14 The following minimal performance standards are agreed upon by the County , Town , and the Fire Department and are part of this contract a The Fire Department shall comply with the procedures for radio communications and established protocols for the dispatch of emergencies as defined by the Johnston County Communications Center Protocols b The Fire Department officer in charge at all fire scenes shall attempt to determine the origin and cause of every fire When the officer in charge cannot determine the origin and cause of the fire , or if the cause is suspected to be of an incendiary nature , the officer in charge shall request assistance from the Johnston County Fire Marshal’s Division c The Fire Department shall keep all records on site for minimum period of five 5 years These records include all those “ Records and Documents ” required to be maintained inPage5197 June 7 , 2021 – 10 00 am Continued order to meet and or retain 9S classification , as published in that memo entitled “ Requirements to Meet the 9S Rating for Initial Certification Re - Inspection of Fire Departments in North Carolina , ” or any superseding memorandum or directive , published by the Office of the State Fire Marshal All State and County required reports and rosters shall be submitted by the requested deadlines d The Fire Department shall adopt a standard operating guideline that addresses the number of firefighters required on all types of fire calls A current , valid copy of the Contractor’s guideline shall be kept on file with the Johnston County Fire Marshal The Fire Department shall place at least four 4 personnel on the scene to operate at least one 1 pumper on all structure fire calls e The Fire Department shall have the minimum standard training requirements , as established by the State of North Carolina , for providing fire , rescue , and emergency management services The Fire Department shall maintain training levels in accordance with National Incident Management System NIMS directives f The Fire Department shall participate in at least two 2 or more county wide mutual aid trainings each year g The Fire Department shall develop a pre - fire incident survey and update it annually for all commercial buildings within the Fire Protection Service District Facilities that should be given priority are those buildings displaying NFPA 704 placards , as well as hazardous , institutional , and assembly occupancies The Fire Department agrees to cooperate with local fire code enforcement officials to determine hazards and occupancies Upon request , the Johnston County Fire Marshal or his designee shall assist the Fire Department in developing pre - fire incident surveys for buildings within the Johnston County Fire Marshal’s fire code enforcement service area h If pressurized fire hydrants are located within the fire district , the Fire Department shall adhere to the guidelines established by the Johnston County Public Utilities Department for the flowing of hydrants The Fire Department shall immediately report any malfunctions or damage to hydrants to the entity owning the water system The Fire Department shall conduct fire hydrant testing and maintenance on not less than an annual basis Testing shall ensure that every wet and dry fire hydrant in the Fire Protection Service District is flushed and checked for accessibility , functionality , visibility , and operation Records of fire hydrant tests and maintenance conducted by the Fire Department shall be completed and maintained in compliance with the North Carolina Rating System i The Fire Department shall follow the Johnston County Emergency Operations Plan when responding to an emergency or disaster j During a declared State of Emergency affecting the County , the Fire Department shall assist , within the limits of its personnel and equipment and capabilities and with deference to its primary service area , to the extent possible with the following services 1 Debris removal from roadways ; 2 Traffic Control ; 3 Alert and notification ; 4 Search and rescue ; 5 Evacuation ; and 6 other life saving and property protection measures as necessary Request for additional assistance outside the primary service area shall be directed to the Fire Chief or designee All operations shall be in accordance with the Johnston County Emergency Operations Plan k The Fire Department should have a public fire life safety education program or similar activities for , at a minimum , educating persons regarding life safety from fire l When determining the need and location of additional facilities fire stations , etc , the Fire Department shall participate in a planning process involving the County Fire Marshal which evaluates , at a minimum , the needs of the department , the effects on property owners , the effects on insurance grading , and the impacts on adjoining fire districts m Each Fire Department may elect to voluntarily participate in certain services Each department that provides these services shall be contracted or franchised for the operation of such service , pursuant to the rules set forth by the Johnston County Board of Commissioners If the Fire Department has chosen to participate in any of these programs , the agreements can be found as Appendices of this contract SERVICE APPENDIX # Aid Agreement for Fire Protection A Medical Services B Rescue Services C Cardiac Arrest Assistance Agreement 15 This agreement shall become effective the first day of July 2021 , and remain in effect for a period not to exceed two years , subject to the continued legal existence of the District and the Fire Department , and further subject to the termination provisions of paragraph 8 and 17 hereof 16 This agreement may not be transferred or assigned by the Town , nor may the services contracted for herein be sub - contracted to other parties unless approved by the Johnston County Board of Commissioners 17 This contract may be terminated by either party upon advance notification to the other party by certified mail at least sixty 60 days prior to termination Page6198 June 7 , 2021 – 10 00 am Continued 18 Either party may propose an amendment to this agreement by submitting the amendment in writing at least sixty 60 days in advance of the amendment’s proposed effective date Amendments to this agreement must be approved by both the County and the Town prior to becoming effective 19 If any part of this Contract is for any reason held invalid or unconstitutional by any court of competent jurisdiction , that part shall be deemed a separate , distinct and independent provision , and the holding shall not affect the validity of the remaining portions of this Contract 20 This contract is not intended to serve for the benefit of any third party The rights and obligations contained herein belong exclusively to the entities that are parties hereto and no third party shall rely upon anything contained herein as a benefit to that third party 21 The terms and provisions herein contained constitute the entire agreement by and between the County and the Town and shall supersede all previous communications , representations , or agreements , either oral or written between the parties hereto with respect to the subject matter hereof 22 RELATIONSHIP OF THE PARTIES The relationship of the parties established by this Agreement is solely that of independent contractors , and nothing contained in this contract shall be construed to i give any party the power to direct or control the day - to - day activities of the other ; ii constitute such parties as partners , joint ventures , co - owners or otherwise as participants in a joint or common undertaking ; iii make either party an agent of the other for any purpose whatsoever ; or iv give either party the authority to act for , bind , or otherwise create or assume any obligation on behalf of the other Nothing herein shall be deemed to eliminate any fiduciary duty on the party of the Fire Department to the County that may arise under the law or under the terms of this Agreement 23 IRAN DIVESTMENT AND DIVESTMENT FROM COMPANIES BOYCOTTING ISRAEL By signing this agreement Contractor certifies that as of the date of execution they are not listed on the Final Divestment List created by the NC Office of State Treasurer pursuant to NCGS 147 Article 6E , Iran Divestment Act , Iran Divestment Act Certification Contractor shall not utilize any subcontractor that is identified on the Final Divestment List Any organization defined under NCGS 147 - 8680 2 , Divestment from Companies Boycotting Israel , shall not engage in business totaling more than 1,000 with any company or business that boycotts Israel A list of companies that boycott Israel is maintained by the NC Office of State Treasurer , pursuant to NCGS 147 - 8681 a 1 Any company listed as boycotting Israel is not eligible to do business with any State agency or political subdivision of the State 24 E - VERIFY Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes Further , if Contractor utilizes a subcontractor , Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes 25 NOTICES All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received a when hand delivered to the address stated below , b three 3 days after being mailed to the address stated below , postage prepaid by certified or registered mail of the United States , return receipt requested to the address set forth below TO FIRE DEPARTMENT Town of __________Fire Department , NC Attn Fire Chief TO COUNTY Johnston County Emergency Services Post Office Box 530 mail 120 S Third Street physical Smithfield , North Carolina 27577 Attn Johnston County Fire Marshal With copy to County of Johnston Post Office Box 1049 mail Courthouse 206 - B 207 E Johnston Street physical Smithfield , North Carolina 27577 Attn County Attorney 26 Either party to this Contract may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above IN TESTIMONY WHEREOF , the County has caused this instrument to be executed by the Chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners , and Town of Benson has caused this instrument to be signed in its name by its Mayor , attested by its Clerk , all by the authorization of their respective Boards duly given Page7199 June 7 , 2021 – 10 00 am Continued NORTH CAROLINA JOHNSTON COUNTY This Agreement , made and entered into this first day of July , 2021 , by and between County of Johnston , a political subdivision of the State of North Carolina , hereinafter referred to as the County , and the ____________________________________ , a non - profit corporation existing under the laws of the State of North Carolina , hereinafter referred to as the Fire Department or Contractor ; Now therefore , in consideration of the mutual promises contained herein and other good and valuable consideration , the parties hereto contract and agree as follows 1 The County agrees that it will cause to be assessed or levied a special fire tax within statutory limits after consultation with the Fire Department ; and will collect said fire tax on an ad valorem basis 2 The Fire District Tax Commission for the _______Fire District shall submit in writing to the Johnston County Fire Marshal a proposed budget and the requested rate of fire tax to be levied by the established deadline each year This request shall be forwarded to the Johnston County Manager and the Johnston County Board of Commissioners for consideration by the Johnston County Board of Commissioners The Johnston County Board of Commissioners will determine and approve , in its discretion , the amount to be assessed or levied , taking into consideration the needs of the citizens of the Fire Protection Services District and the budget projections submitted by the Fire District Tax Commission 3 Funds collected by the County as a result of said special fire tax shall be distributed in accordance with the rate of fire tax levied per hundred dollars valuation of all real property and personal property in the _________ Fire District and the provisions established by the Johnston County Finance Office 4 Fire Protection Service District NC General Statute 153A - 301 funds levied and collected by the County and paid to the Fire Department by the County shall be used exclusively for fire department operations to provide fire protection and emergency services in the Fire District and other areas of response as dispatched and to meet the standards established by this Agreement 5 The Fire Department will furnish fire protection and related emergency services pursuant to the standards set forth by the North Carolina Department of Insurance , County , and all other pertinent federal , state , and local laws and regulations within the Fire District sometimes referred to herein as “ primary service area ” and shall provide the necessary equipment , personnel , and those things necessary for furnishi