July 19, 2021 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 264 Meeting of the Johnston County Board of Commissioners July 19 , 2021 10 00 am The Johnston County Board of Commissioners met in regular session Monday , July 19 , 2021 at 10 00 am 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 , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 10 00 am Commissioner Patrick E Harris opened the meeting with a prayer American Legion Post 109 Benson led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes - June 7 , 2021 10 00 am and 6 00 pm ; June 14 and 21 , 2021 B Department of Transportation - Additions to System The Board concurred with the Department of Transportation's recommendation to add the following roads to the State Maintained System Preserve Drive , Pal Court , Bobwhite Court , Longo Lane , Big Oak Court , and Drake Drive - The Preserve - Elevation Township C 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 2C3CDXKT8LH175327 County Asset # 13910 D Sheriff's Office - Resolution to Surplus and Donate Vehicle , adopted as follows Resolution Approving Conveyance of Personal Property to Another Governmental Unit Pursuant to GS 160A - 280 WHEREAS , the County of Johnston " County " owns a 2019 Dodge Charger VIN # 2C3CDXAT1KH568313 which was utilized by Johnston County Sheriff's Office for the provision of law enforcement operations within Johnston County ; and WHEREAS , North Carolina General Statute § 160A - 280 authorizes a county to convey personal property for nonmonetary consideration to another governmental unit within the United States if the governing board deems the property to be surplus , obsolete , or unused ; and WHEREAS , the County of Johnston has determined that the personal property described above is surplus , obsolete , or unused ; and WHEREAS , the County of Johnston finds that the public will benefit from the conveyance of the property described above by assisting the governmental unit with equipment necessary to provide law enforcement services to Johnston County citizens Page265 July 19 , 2021 - 10 00 am Continued THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS RESOLVES THAT 1 The manager and or finance officer of Johnston County is authorized to execute all documents necessary to convey title to a 2019 Dodge Charger VIN # 2C3CDXAT1KH568313 to the Town of Micro 2 The consideration for the conveyance is the public benefit from the conveyance of the property described above by assisting the Town of Micro with equipment necessary to provide law enforcement operations within Johnston County 3 In accordance with the notice requirements of NCGS § 160A - 280 , public notice of this resolution was given by posting on the county's website on July 12 , 2021 th Adopted this the 19 day of July , 2021 E Settlement of Claim , approved as follows Settlement of claim for wrongful death in the Estate of Shirley James Settlement includes full release and discharge of all claims for 125MM paid by insurance F Tax Releases & Refunds - 05 15 2021 - 06 15 2021 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 5 18 2021 7 16 20 AM dwoodward2 2020 - 77982 2000197202 DEPARTMENT OF 48063 TRANSPORTATION 6 2 2021 11 12 43 AM cfutch 2020 - 58135 2000098115 LEE , HAROLD W 16303 6 7 2021 11 30 45 AM cfutch 2019 - 94637 2000112555 SYSCO FOOD SERVICES OF RAL LLC 53,44820 6 7 2021 11 37 17 AM cfutch 2020 - 94637 2000112555 SYSCO FOOD SERVICES OF RAL LLC 54,68162 6 11 2021 3 08 48 PM dwoodward2 2020 - 201048 2000161934 CREECH , GARY MARSHALL 22838 6 11 2021 3 09 48 PM dwoodward2 2020 - 201049 2000161934 CREECH , GARY MARSHALL 32866 6 11 2021 3 10 43 PM dwoodward2 2020 - 201050 2000161934 CREECH , GARY MARSHALL 32866 6 15 2021 10 14 15 AM cfutch 2020 - 201047 2000161934 CREECH , GARY MARSHALL 22838 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 5 17 2021 2 59 33 PM ajsoutherland 2020 - 78187 2000110831 POWELL , WILLIAM JR 1,45166 5 19 2021 1 52 57 PM ajsoutherland 2020 - 6216 2000177713 BARBOSA , JOSE ALFREDO 21948 RODRIGUEZ 5 20 2021 1 38 58 PM ajsoutherland 2020 - 101210 2000214170 NUZUM , GREGG 31416 5 21 2021 12 48 11 PM ajsoutherland 2020 - 114674 2000220198 JARMAN , STEVEN W 16042 5 21 2021 2 26 58 PM ajsoutherland 2020 - 80463 2000130210 RAY , DEBORAH MCLAMB 1,29477 5 24 2021 1 38 07 PM Jodee 2020 - 100665 2000068045 WARREN , WILLIAM T JR 21874 Langdon 5 24 2021 3 01 42 PM LOCKBOX 2020 - 16324 16323100 CANADAY , CLAUDE C III 1,64213 5 24 2021 3 01 42 PM LOCKBOX 2020 - 16327 2000152036 CANADAY , CLAUDE CARL III 2,27001 5 24 2021 3 08 50 PM Jodee 2020 - 41536 2000039984 HAYES , DEBRA ALLEN 90511 Langdon 5 26 2021 11 52 08 AM tcronan 2020 - 99761 2000035028 VAZQUEZ , BEVERLY ANN WOODARD 1,19244 5 26 2021 12 32 36 PM Jodee 2020 - 114517 2000114128 CARROLL CONSTRUCTION HOMES , 14115 Langdon INC 5 26 2021 12 55 45 PM Jodee 2020 - 70320 63891120 NEWSOME , WILLIAM HAYWOOD 50000 Langdon 5 26 2021 4 17 09 PM tcronan 2020 - 59849 2000005255 LOCKLEAR , HARVEY D 54055 6 2 2021 8 31 28 AM ajsoutherland 2020 - 89345 2000036637 SMITH , MORRIS TYRONE 20357 6 2 2021 10 34 53 AM ajsoutherland 2020 - 56103 2000101842 LANDEN , JASON ALLEN 2,58453 6 2 2021 11 13 49 AM cfutch 2020 - 58135 2000098115 LEE , HAROLD W 16303 6 2 2021 3 39 16 PM ajsoutherland 2021 - 950246 9900001777 ALLEY 10362 6 3 2021 2 52 30 PM ajsoutherland 2020 - 86669 2000205426 SCOTT , LAUREN L 13100 6 7 2021 11 33 45 AM cfutch 2019 - 94637 2000112555 SYSCO FOOD SERVICES OF RAL LLC 53,44820 6 7 2021 11 39 10 AM cfutch 2020 - 94637 2000112555 SYSCO FOOD SERVICES OF RAL LLC 54,68162 6 10 2021 12 07 52 PM tcronan 2020 - 48146 2000186784 JAEN , EZEQUREL 1,50958Page266 July 19 , 2021 - 10 00 am Continued 6 10 2021 3 31 00 PM LOCKBOX 2020 - 37631 2000143751 GORDON , SAMUEL CURTIS 66713 6 11 2021 10 40 36 AM Jodee 2020 - 114517 2000114128 CARROLL CONSTRUCTION HOMES , 13616 Langdon INC 6 15 2021 10 15 48 AM cfutch 2020 - 201047 2000161934 CREECH , GARY MARSHALL 11351 6 15 2021 10 55 33 AM ajsoutherland 2020 - 89345 2000036637 SMITH , MORRIS TYRONE 20532 6 15 2021 11 01 13 AM ajsoutherland 2020 - 4269 2000215445 PRAJAPATI , RUPESH K 1,84707 North Carolina Vehicle Tax System - Pending Refund Report - May 2021 100 + Payee Name Bill # Transaction Refund Total Change # Reason BOWEN , 0060911570 291785984 Situs error 000 WILLIAM 26043 RALPH JR 4112 8681 30612 COHEN , 0060405150 291238340 Situs error 001 TRAVIS 10051 GRANT 1410 3351 11991 FITZGERALD , 0040460883 290375840 Situs error 000 EDWARD 15002 CHARLES 2106 5001 17897 GREEN , 0060857352 290687744 Situs error 000 MARIE 12021 JONES 1687 4007 14341 June 30 , 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 5 15 21 to 6 15 21 Tax refunds - Personal Real Property 50873 Tax releases - Personal Real Property 31000 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 COVID - 19 Update Health Director Dr Marilyn Pearson thanked the Board of Commissioners for their continued support as the COVID - 19 Pandemic continues She also thanked all the partners , volunteers , and staff that continue to assist the Health Department with the response Dr Pearson stated the pandemic is not over and they are seeing an increase in the number of positive cases She noted the Delta Variant of the virus is causing significant spread across the County and the State of North Carolina Dr Pearson stated the number of positive cases for Johnston County now totals over 22,000 and the current positivity rate is 7 , which is up from last month She stated there have been 241 total deaths and 13 people are currently hospitalized Dr Pearson stated testing continues and vaccinations are ongoing She encouraged eligible citizens to get vaccinated stating the vaccines are effective Dr Pearson stated 38 of Johnston County's total population has been fully vaccinated and 50 of the total population over the age of 18 has been vaccinated Dr Pearson stated the Health Department will continue to hold outreach vaccination clinics and citizens can always come to the Health Department to receive their vaccine She encouraged everyone to continue social distancing , practice frequent handwashing , and for unvaccinated individuals to wear a mask Page267 July 19 , 2021 - 10 00 am Continued 4 Public Comments A Petition from Timothy Hodges - Method of Electing County Commissioners Timothy Hodges , Clayton , read from and submitted the following petition to the Board Chairman Chad M Stewart thanked Mr Hodges for the information Mr Hodges also took a moment to thank Commissioner Fred J Smith , Jr stating when Commissioner Smith was serving as a Senator in the North Carolina General Assembly , Commissioner Smith would always take time to meet with him whenever he had a matter to discuss Mr Hodges stated Commissioner Smith was always helpful to him B Consultant for Solid Waste Convenience Sites Decal Program Study Solid Waste Services Director Rick Proctor introduced Vance Moore of Garrett & Moore who will be working with the County on the Convenience Sites Decal Program Study in advance of the decal elimination scheduled for 2023 Mr Moore addressed the Board stating his firm specializes in solid waste engineering services and they are pleased to be working with Johnston County The Board welcomed Mr Moore C Citizen Comments - Ken Taylor Ken Taylor , 1755 Gordon Road , Clayton addressed the Board and reported on a recent article concerning the Henderson County Board of Commissioners Mr Taylor stated the Henderson County Board of Commissioners streams their meetings through YouTube and recently , YouTube removed one of their meetings saying the content violated their rules based on something that was said by a citizen during Public Comment Mr Taylor also informed the Board of his continued difficulties trying to view the livestream of the Johnston County Board of Commissioners meetings through Facebook due to VPN issues He asked the Commissioners to consider other options instead of Facebook for streaming Board of Commissioners meetings Mr Taylor continued his comments and asked if the Board of Commissioners has taken a stance on the vaccine ambassador programs he is hearing about in other States where ambassadors knock on the doors of residents to inquire about the COVID - 19 vaccine Mr Taylor stated he is against tax dollars being used in this manner and he also expressed concerns regarding HIPAA privacy laws and legal implications Mr Taylor noted the final Broadband Study is on today's agenda and he requested the County to make that complete report available online for citizens to review PagePage pageNumber5268 July 19 , 2021 - 10 00 am Continued D Citizen Comments - John Saluppo John Saluppo , 117 Hansen Run , Clayton , stated although there is nothing on today's agenda regarding Johnston County Schools , he would like to request the Board to continue withholding the increased funding amount of 79 million in current expense funding until such time as a policy against the teachings of the Critical Race Theory CRT is adopted Mr Saluppo stated he believes that no policy is in place and he spoke on the most recent meeting of the Board of Education and their discussions regarding the issue Mr Saluppo also spoke on the performance of Johnston County Schools and how they would like to see Superintendent Dr Eric Bracy's policy on how he plans to improve the performance of failing schools , but to date they have not received that information Mr Saluppo thanked Commissioners who have met with his group and listened to their concerns Mr Saluppo further informed the Board of his concerns regarding facilities improvements , the condition of athletic fields in the County compared to other counties , and preparing children to be successful in the workplace E Citizen Comments - James Gathers James Gathers , 4710 Devil's Racetrack Road , Four Oaks , spoke on his concerns with the Board of Commissioners withholding the increased current expense funding in the amount of 79 million until such time as the Board of Education adopts a policy regarding the Critical Race Theory Mr Gathers equated the action of the Board of Commissioners to bullying and stated everyone should be teaching against bullying Mr Gathers shared his experience with the Board of being in the first integrated class in 1969 and the teachings he did and did not receive during that time Mr Gathers reiterated the need to teach against bullying and stated while he does not know all the issues surrounding the CRT , he does know that those speaking against it do not speak for the entire County Mr Gathers encouraged the Board to let the Board of Education do their job and further , to give Superintendent Dr Eric Bracy a chance to do some of the things he would like to do because he has not been in the job very long Mr Gathers asked the Board to consider diverse viewpoints and stated the way he sees things through his eyes are not always the same as the way they may see things through their eyes Mr Gathers asked the Board to respect people for who they are and to make sure the children do not suffer F E - mails Received Chairman Chad M Stewart acknowledged two emails received from Martha Stovall and Jim Wiesner expressing their opposition to Agenda Item No 16 - Public Utilities - Nitrogen Nutrient Credit Acquisition Proposed Project Budget 5 Child Fatality Prevention Team 2020 Annual Report Child Fatality Prevention Team Review Coordinator Kathleen Lanc presented the following annual report to the Board of Commissioners Background Why We Do What We Do In Article 14 of North Carolina's General Statute 7B , the General Assembly finds it in the public policy to prevent the abuse , neglect and death of juveniles Child fatality prevention is designated as a community responsibility Multidisciplinary reviews of the abuse , neglect and deaths of children can lead to a greater understanding of the causes and methods of preventing these deaths Established in 1991 , the General Assembly mandated statewide multidisciplinary , multi - agency child fatality prevention teams , comprised of the State team GS 7B - 1404 and local teams GS 7B 1406 The Johnston County CFPT was established in the early 1990 ' s under the auspices of the Johnston County Public Health Department and Johnston County Social Services Present What We Do As directed by the GS 7B - 1400 , the CFPT assesses the records of all deaths of Johnston County's children , aged birth to 18 years , in order to 1 develop a community - wide approach to the problems of child abuse and neglect , 2 understand the causes of childhood deaths , 3 identify any gaps or deficiencies that may exist in the delivery of services to children and their families by public agencies that are designed to prevent child abuse , neglect or death , and 4 make and implement recommendations to change laws , rules and policies that willPagePage pageNumber6269 July 19 , 2021 - 10 00 am Continued support the safe and healthy development of our children and prevent future abuse , neglect and death NC GS 7B - 1400 Our Team is made up of members of the Department of Social Services , members of the legal community , the public health director , a county medical examiner , members of community programs for children , county EMS and firefighter , representatives from the Guardian Ad Litem program , mental health , public school system , as well as members of the general public Review Information The Johnston County local CFPT meets quarterly and reviews all child deaths that occurred in that quarter of the previous year 2019 The review process includes a delay of approximately 1 year after the date of death before review in order to secure the necessary and complete information Furthermore , in certain circumstances , if there is an open investigation , information cannot be obtained until the case is closed A total of 23 child deaths were reviewed Causes 13 perinatal conditions - live births of children who were born prematurely with no chance of survival 4 generalized illness - three infants under the age of 3 months , related to birth defects ; one 17yo male who was born with several birth defects and died undergoing a medical procedure 2 motor vehicle accidents - 15 yo van passenger and 17 yo driver ATV 1 homicide - 15 yo male 1 drowning in a pool - occurred out of state vacationing but child family were residents of Johnston County 2 undetermined - infants who died at home ; possibly related to sleeping concerns 2020 was a challenging year for Child Fatality Due to COVID - 19 precautions , we had to make the transition to virtual meetings , rather than the in - person interactions as in the past We were unable to promote and provide safety information and available resources to families via our normal methods used , as many of the community activities which gave opportunities to disseminate educational materials were cancelled Prior to the school year beginning in September 2020 , a printed packet of information was included for parents in the Backpack Buddies program , funded by monies from the JCPHD , JCDSS and Partnership for Children of Johnston County Information included CPR choking , Home Safety Checklist , Cooking safety , Swimming Safety and other drowning dangers for kids , Pool Safety Checklist , Escape Planning and Fire Safety , and Safe Sleep As always , the Public Health Department , other medical providers and community organizations involved with children and families were encouraged to share these child safety measures with their patients and clients In light of the above difficulties and increased reliance on social media , the goal of the team , beginning this year , will be adapting our manner of distributing educational material through the use of public service announcements , local community newspapers and sharing resources and information on social media platforms In August 2020 , the Johnston County CFPT received a letter from Michelle Aurelius , MD , Chief Medical Examiner and Chair of the NC CFPT She wrote , " the expertise and assessment provided by your team is impressive and was reviewed in detail by the State CFPT We appreciate the opportunity to learn from the innovative strategies you're implementing locally Although not all recommendations will be forwarded by the State CFPT , as we prioritize focusing on trends and the collective information from all of our local CFPT teams , we will continue to consider these recommendations in the future and are working to find ways for other teams to learn from the innovative work being done at local levels " The Johnston County CFPT remains vigilant in looking to identify system problems , seeking out recommendations to avoid future incidents and then developing an action plan to distribute those recommendations to the general public and community at large The Board thanked Ms Lanc for the report PagePage pageNumber7270 July 19 , 2021 - 10 00 am Continued 6 Broadband Study - Final Report from ECC Technologies ECC Technologies Representative Jeff Brooks submitted the final Broadband Study and reviewed the general findings , conclusions , and recommendations with the Board Mr Brooks spoke on the importance of having access to broadband and noted that many other counties and states have enlisted his company's help for a study of their own Mr Brooks stated counties have the same issues ; however , every county is unique and they strive to keep the individual needs in mind during a study Mr Brooks stated they work to identify the areas that need help with broadband and make sure that whenever the County meets with potential providers the most updated information is available Mr Brooks continued that Johnston County contracted with ECC Technologies to conduct an inventory of fiber optic cable as well as vertical assets within the County He stated the purpose was to accurately identify areas of the County that are underserved so that information could be shared with providers in the development of solutions to expand and provide better service for the citizens Mr Brooks shared with the Board the steps involved with completing the study and how best to work with the providers in an effort to deliver broadband to homes , businesses , and other organizations Mr Brooks also spoke on grant opportunities that the County could utilize or work with providers to utilize and help expand services Mr Brooks concluded his remarks by speaking on the following next steps he recommends the County take 1 Development of key objectives relative to broadband a Identify who b Identify where c Identify why d Define the benefits which accrue to the County and to households business identified in this step 2 Develop a Request for Information for distribution to service providers , including incumbents and other providers known to the County , trusted County contacts , and the County's partners a Determine what respondents can tell the County of value that will assist in decision making This process should result in a tailored response - not boilerplate 3 Combine the results of this report , updated state survey information , County's defined goals and realized benefits and responses to the RFI a Interview respondents b Include a focus on interviews with the incumbent provider especially focusing on grants recently awarded at the Federal and State level 4 Outreach to the North Carolina Broadband Infrastructure Office for updated copies of their playbook and recommendations for broadband expansion 5 Confirm with community leaders in education , healthcare , economic development , small business , and industry requirements identified to maintain existing services and look at steps required to reach and maintain parity 6 Assess political issues related to options under consideration a Consider grants , subsidies and taxes for projects or end users in light of overall County needs 7 Ensure Johnston County is in tune with its legislative delegation with respect to current laws statutes which can impact certain options 8 Utilizing the preceding as inputs , develop a strategy document with timeline Attach resources which could be provided by the County to the timeline to determine if the value add from such resources a ensures projects are completed and or b accelerates projects Mr Brooks offered to answer any questions and stated he hopes the study will be helpful to the County as it considers its options Chairman Chad M Stewart thanked Mr Brooks for the report and stated the Board would need time to go through the information 7 Tax Department - George Ballance , Jr Request for Waiver of Interest Tax Administrator Jocelyn Andrews explained that the Tax Department received a request for waiver of interest applied to Johnston County and the Town of Kenly 2016 , 2017 and 2018 property taxes billed to George W Ballance , Jr on May 6 , 2021 Ms Andrews reported that George W Ballance , Jr recorded a subdivision platPagePage pageNumber8271 July 19 , 2021 - 10 00 am Continued Plat Book 81 , Page 275 on May 28 , 2015 and a deed Deed Book 4607 , Page 299 on June 04 , 2015 The deed conveyed Lot 2 of newly recorded plat to WLT Matthews , Inc She stated Johnston County Tax Administration billed WLT Matthews , Inc for the associated taxes Ms Andrews recalled that the Board of Commissioners determined at its May 3 , 2021 meeting that the billing of the taxes to WLT Matthews , Inc was a clerical error and voted to refund the taxes paid for 2016 , 2017 and 2018 She stated Johnston County Tax Administration refunded the taxes paid and billed the property owner , George W Ballance , Jr , for the Johnston County and Town of Kenly taxes and applicable interest Ms Andrews stated the Board is being asked to make a determination on Mr Ballance's request for waiver of interest associated with May 6 , 2021 billing of property taxes of 2016 , 2017 and 2018 She noted should the Board choose to waive the interest , it is requested that interest be waived upon full payment of the Johnston County and Town of Kenly taxes Upon a motion by Commissioner Larry Wood , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the request for the waiver of interest , upon full payment of the Johnston County and Town of Kenly taxes 8 Parks , Greenways , and Open Space Coordinator - Cleveland Park Request for Qualifications for Parking Lot Engineering Parks , Greenways , and Open Space Coordinator Adrian O'Neal requested the Board's permission to pursue Requests for Qualifications RFQ for the engineering of the temporary development of the Cleveland Site to include a gravel parking lot , drainage , irrigation system , driveway connections , and associated permits Mr O'Neal stated because of the size of the area , items such as drainage and runoff must be addressed ; therefore , staff recommends contracting with an engineering firm for assistance Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved for staff to pursue Requests for Qualifications for the project as presented The Board discussed options that would allow for on - call engineering services for such projects in the future County Attorney Jennifer Slusser stated the Public Utilities Department has on - call contracts for certain types of engineering services ; however , the Planning Department does not She stated staff could look into such a contract for the Planning Department and Mr O'Neal Upon comments by Commissioner Ted G Godwin , Mr O'Neal confirmed that Cycle NC will be coming through Johnston County sometime in October of this year Mr O'Neal stated he has been talking with Smithfield and Clayton regarding the event and noted it will be a big deal for the County 9 Finance - Bond Order Authorizing the Issuance of Water and Sewer Revenue Bonds of the County Debt Manager Martha Lasater presented and requested the Board to adopt the following Bond Order authorizing the issuance of water and sewer revenue bonds of the County ; pledging the Net Revenues of the County water and sewer system as security for the revenue bonds ; approving the execution and delivery of a Master Trust Indenture MTI related to the revenue bonds ; and authorizing the execution of other documents related to the revenue bonds Ms Lasater noted that the bonds are associated with the majority of the items on today's agenda from the Public Utilities Department BOND ORDER AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE COUNTY OF JOHNSTON ; APPROVING THE EXECUTION AND DELIVERY OF A MASTER TRUST INDENTURE RELATED TO SUCH REVENUE BONDS ; AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS WHEREAS , the County of Johnston , North Carolina the " County " , a political subdivision of the State of North Carolina , owns and or operates a Water and Sewer System as defined in the Master Trust Indenture described below ; WHEREAS , the County is empowered , under the Constitution and laws of the State of North Carolina , particularly The State and Local Government Revenue Bond Act , Article 5 of Chapter 159 of the General StatutesPagePage pageNumber9272 July 19 , 2021 - 10 00 am Continued of North Carolina , as amended herein called the " Act " , to issue revenue bonds for the purposes set forth in the Act ; WHEREAS , the County now desires to adopt this bond order in accordance with the provisions of the Act to provide for a master trust indenture structure for such revenue bonds ; NOW , THEREFORE , BE IT RESOLVED by the County as follows Section 1 Approval of Master Trust Indenture Structure The County hereby approves the adoption of a master trust indenture structure for all bonds issued hereafter pursuant to this Bond Order and the Master Trust Indenture described below Section 2 Pledge of Net Revenues The revenue bonds shall be special obligations of the County , secured by and payable solely from Net Revenues as defined in the Master Trust Indenture the " Net Revenues " , which Net Revenues are hereby pledged to the payment thereof as provided in the Master Trust Indenture , and other amounts on deposit in certain funds and accounts established under the Master Trust Indenture or a supplemental indenture to the extent provided in the Master Trust Indenture or a supplemental indenture The principal and purchase price of and interest on the revenue bonds shall not be payable from the general funds of the County , nor shall they constitute a legal or equitable pledge , charge , lien or encumbrance upon any of the County's property or upon any of its income , receipts or revenues , except the Net Revenues or such other amounts , if any Neither the credit nor the taxing power of the County are pledged for the payment of the principal of or the interest on the revenue bonds , and no holder of the revenue bonds shall have the right to compel the exercise of the taxing power by the County or the forfeiture of any of its property in connection with any default thereon Section 3 Approval of Master Trust Indenture The form of the Master Trust Indenture attached hereto as Appendix A is hereby approved in all respects , and the issuance of revenue bonds from time to time pursuant to the terms and provisions of the Master Trust Indenture is hereby approved The Chairman , the Vice - Chairman and the County Manager are each hereby authorized to execute and deliver the Master Trust Indenture , in any number of signed counterparts , for and on behalf of the County , in substantially the form attached hereto as Appendix A , together with such changes , modifications , insertions and deletions thereto as the Chairman , the Vice - Chairman or the County Manager , with the advice of counsel , may deem necessary and appropriate ; and the execution and delivery of the Master Trust Indenture by the Chairman , the Vice - Chairman or the County Manager shall constitute conclusive evidence of the approval and authorization thereof by the County Section 4 General Authority The Chairman , the Vice - Chairman , the County Manager , the Director of Finance and the Clerk to the Board of Commissioners are each hereby authorized to do any and all such acts and things and to execute any and all such documents as may be necessary or appropriate to carry out and comply with the provisions of this resolution Section 5 Effective Date This bond order shall take effect upon its adoption Thereupon , upon motion of Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , the foregoing Order entitled " BOND ORDER AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE COUNTY OF JOHNSTON ; APPROVING THE EXECUTION AND DELIVERY OF A MASTER TRUST INDENTURE RELATED TO SUCH REVENUE BONDS ; AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS , " was adopted and passed by the following vote AYES Commissioners Chad M Stewart , Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS " Butch " Lawter , Jr , and Fred J Smith , Jr NOES None 10 Finance - Resolution Approving the Execution and Delivery of Up to 52,500,000 Water and Sewer Revenue Bonds of the County and Authorizing the Execution and Delivery of Interlocal Agreements Between the County and Each County Water District The Chairman introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title Page0273 July 19 , 2021 - 10 00 am Continued RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF WATER AND SEWER REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 52,500,000 ; AUTHORIZING THE EXECUTION AND DELIVERY OF INTERLOCAL AGREEMENTS BETWEEN WATER DISTRICTS CREATED BY THE COUNTY AND THE COUNTY ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH ; AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS , the County of Johnston , North Carolina the " County " , owns and or operates a water and sewer system , which currently provides water and sanitary sewer services to the residents , businesses and other users located within the jurisdiction of the County and its surrounding areas ; WHEREAS , the County is empowered , under the Constitution and laws of the State of North Carolina , particularly The State and Local Government Revenue Bond Act , Article 5 of Chapter 159 of the General Statutes of North Carolina , as amended herein called the " Act " , to issue revenue bonds for the purposes set forth in the Act ; WHEREAS , the County has determined to provide for the issuance from time to time of revenue bonds under the Act for the purpose of i financing or refinancing the costs of extensions , additions and capital improvements to , or the acquisition , renewal or replacement of capital assets of , or purchasing and installing new equipment for the water and sewer system and ii paying the costs of issuance for any revenue bonds ; WHEREAS , the County has adopted a bond order , dated July 19 , 2021 the " Bond Order " , which authorizes the use of a master trust indenture structure for the revenue bonds , approves the form of a master trust indenture the " Master Trust Indenture " and provides for the issuance from time to time of water and sewer revenue bonds by the County in accordance with the terms and provisions of the Bond Order and the Master Trust Indenture ; WHEREAS , all such revenue bonds will be special obligations of the County , secured by and payable solely from the Net Revenues of the County's Water and Sewer System each as defined in the Master Trust Indenture , which Net Revenues are pledged to the payment thereof pursuant to the terms and provisions of the Master Trust Indenture ; WHEREAS , as part of said proposed revenue bond program , each of the existing water districts created by the County collectively , the " Districts " will execute and deliver an Interlocal Agreement the " Interlocal Agreement " between the County and such District , pursuant to which such District will contractually agree to provide financial support , if requested by the County and subject to the terms and limitations of said Interlocal Agreement , to the County for the repayment of the revenue bonds issued by the County from time to time ; WHEREAS , the Interlocal Agreement entered into by a District will constitute only a contractual obligation of such District , and will not constitute indebtedness of , or a guarantee by , such District ; WHEREAS , the Board desires to approve the implementation of a water and sewer revenue bond program by the County , the contractual support thereof by said Districts and to authorize other actions in connection therewith ; WHEREAS , there have been submitted to this meeting draft forms of the following documents the " Financing Documents " with respect to the proposed plan of financing for the 2021 Project as defined in the First Supplement described herein 1 a First Supplemental Trust Agreement , proposed to be dated on or about August 1 , 2021 the " First Supplement " , between the County and the bond trustee named therein , as bond trustee the " Bond Trustee " , relating to the County of Johnston , North Carolina Water and Sewer System Revenue Bonds , Series 2021 the " Bonds " ; 2 a form of District Interlocal Agreement between the County and each District , proposed to be dated on or about August 1 , 2021 collectively , the " District Interlocal Agreements " , to be executed and delivered by the County and each District ;Page1274 July 19 , 2021 - 10 00 am Continued WHEREAS , the Board is agreeable to the terms and conditions to be imposed upon it in connection with the issuance of the Bonds and the execution and delivery of the several documents necessary to the implementation thereof ; and WHEREAS , the Board desires to approve the Financing Documents and to authorize other actions in connection therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , as follows Section 1 All actions taken by or on behalf of the County or any of the Districts to date to effectuate the proposed issuance of the Bonds , including the appointment of Nexsen Pruet , PLLC , as bond counsel ; Davenport & Company , LLC as financial adviser ; and Wells Fargo Bank , National Association Sr and Robert W Baird & Co , as underwriters , are hereby ratified and approved Section 2 The Board of Commissioners hereby finds and confirms that i the proposed issue of Bonds by the County is necessary and expedient ; ii the amount of the proposed issue of Bonds by the County is adequate and not excessive for the proposed purposes of the Bonds ; iii the projects proposed to be financed by the Bonds are feasible ; iv the County's debt management procedures and policies are good ; v the proposed issue of Bonds can be marketed at reasonable interest costs to the County ; vi that the probable Net Revenues will be sufficient to meet the sums to fall due under the Bonds and such Bonds will not constitute or give rise to any charge against the County's general credit or taxing power ; and vii the County is not in default under any of its debt service obligations Section 3 The 2021 Project and the financing thereof as provided in the Financing Documents referenced in this Resolution are hereby ratified and approved Section 4 Each of the Financing Documents including the form of the Bonds in the First Supplement is hereby approved in substantially the form submitted to this meeting , and each of the Chairman or Vice - Chairman of the Board or the County Manager is hereby authorized to execute and deliver each of those documents in the name and on behalf of the County , with such changes , insertions or omissions as the persons executing such documents may approve , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the Bonds , their execution and delivery thereof to constitute conclusive evidence of such approval The Clerk to the Board is hereby authorized to affix the seal of the County to each of said documents as may be appropriate and to attest to the same Section 5 Each of the Chairman or Vice - Chairman of the Board , the County Manager and the Director of Finance are authorized to approve all details of the financing of the 2021 Project including , without limitation , the aggregate principal amount of the Bonds which shall not exceed 52,500,000 , the maturities , the principal amounts and the interest rate s and amounts on the Bonds , which interest rate s and amounts shall not exceed 50 per annum on an true interest cost basis , the prepayment terms and prices which shall not exceed 102 of the principal amount being prepaid and the Underwriters ' discount exclusive of any original issue discount which shall not exceed 20 of the principal amount of the Bonds Execution of the Bonds by the Chairman or Vice - Chairman of the Board of Commissioners or the County Manager shall conclusively evidence such approval of all such details of said financing Section 6 The Chairman or Vice - Chairman of the Board , the County Manager , the Director of Finance and the County Attorney are hereby authorized to take any and all such further action , including approval of modifications to the Financing Documents , and to execute and deliver for and on behalf of the County such other documents and certificates including , without limitation , agreements with securities depositories , purchase contract s , placement agreement s , private placement agreement s or other offering documents or memoranda , financing statements , appropriate tax certificates and agreements , and such other documents and agreements including repurchase agreements relating to the investment of the proceeds of the Bonds as they may deem necessary or advisable to carry out the intent of this resolution and to effect the financing pursuant to the Financing Documents The Clerk to the Board is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attest to the same and to execute and deliver the same as may be needed Section 7 The Board hereby requests the LGC to sell the Bonds at private sale and without advertisement in accordance with the provisions of Section 159 - 123 of the General Statutes of North Carolina Page2275 July 19 , 2021 - 10 00 am Continued Section 8 The County covenants that , to the extent permitted by the Constitution and laws of the State of North Carolina , it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986 , as amended the " Code " , in order to assure that the interest on the Bonds will not be includable in the gross income of the owners thereof for purposes of federal income taxation , except to the extent that the County obtains an opinion of bond counsel to the effect that noncompliance would not result in the interest on the Bonds being includable in the gross income of the owners of the Bonds for purposes of federal income taxation Section 9 This resolution shall take effect upon its passage Upon motion of Commissioner Fred J Smith , Jr , seconded by Commissioner Ted G Godwin , the foregoing resolution entitled " APPROVING THE EXECUTION AND DELIVERY OF WATER AND SEWER REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 52,500,000 ; AUTHORIZING THE EXECUTION AND DELIVERY OF INTERLOCAL AGREEMENTS BETWEEN WATER DISTRICTS CREATED BY THE COUNTY AND THE COUNTY ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH ; AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS " was passed by the following vote AYES Commissioners Chad M Stewart , Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS " Butch " Lawter , Jr , and Fred J Smith , Jr NOES None 11 Finance - Resolution Approving the Execution and Delivery of Interlocal Agreements Between the County and Each County Water District Upon a motion by Commissioner Larry Wood , seconded by Commissioner Butch Lawter , and carried unanimously , the Board voted to sit simultaneously as the Archer Lodge , Brogden , Buffalo , Clayton , Cleveland , Elevation , Hopewell - Pisgah , Ingrams Township , Little Creek , Little River , McGee's Crossroads , Meadow , O'Neals , Princeton - Kenly and Wilson's Mills Water Districts The Chairman introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF INTERLOCAL AGREEMENTS BETWEEN WATER DISTRICTS CREATED BY THE COUNTY AND THE COUNTY ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS , the County of Johnston , North Carolina the " County " , owns and or operates a water and sewer system , which currently provides water and sanitary sewer services to the residents , businesses and other users located within the jurisdiction of the County and its surrounding areas ; WHEREAS , the County is empowered , under the Constitution and laws of the State of North Carolina , particularly The State and Local Government Revenue Bond Act , Article 5 of Chapter 159 of the General Statutes of North Carolina , as amended herein called the " Act " , to issue revenue bonds for the purposes set forth in the Act ; WHEREAS , the County has determined to provide for the issuance from time to time of revenue bonds under the Act for the purpose of i financing or refinancing the costs of extensions , additions and capital improvements to , or the acquisition , renewal or replacement of capital assets of , or purchasing and installing new equipment for the water and sewer system and ii paying the costs of issuance for any revenue bonds ; WHEREAS , the County has adopted a bond order , dated July 19 , 2021 the " Bond Order " , which authorizes the use of a master trust indenture structure for the revenue bonds , approves the form of a master trust indenture the " Master Trust Indenture " and provides for the issuance from time to time of water and sewer revenue bonds by the County in accordance with the terms and provisions of the Bond Order and the Master Trust Indenture ;Page3276 July 19 , 2021 - 10 00 am Continued WHEREAS , all such revenue bonds will be special obligations of the County , secured by and payable solely from the Net Revenues of the County's Water and Sewer System each as defined in the Master Trust Indenture , which Net Revenues are pledged to the payment thereof pursuant to the terms and provisions of the Master Trust Indenture ; WHEREAS , as part of said proposed revenue bond program , the Districts created by the County will each execute and deliver an Interlocal Agreement the " Interlocal Agreement " between the County and such District , pursuant to which such District will contractually agree to provide financial support , if requested by the County and subject to the terms and limitations of said Interlocal Agreement , to the County for the repayment of the revenue bonds issued by the County from time to time and satisfaction of the County's other obligations under the Master Trust Indenture as defined in each Interlocal Agreement ; WHEREAS , the Interlocal Agreement entered into by a District will constitute only a contractual obligation of such District , and will not constitute indebtedness of , or a guarantee by , such District ; WHEREAS , there have been submitted to this meeting draft forms of a separate Interlocal Agreement collectively the " District Interlocal Agreements " , each proposed to be dated on or about August 1 , 2021 , between each of the respective Districts and the County as counterparty ; and WHEREAS , the Board of Commissioners , acting as the governing body of each of the Districts , desires to approve the District Interlocal Agreements and to authorize other actions in connection therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , acting as the governing body of each of the Districts , as follows Section 1 All actions taken by or on behalf of the County or any of the Districts to date to effectuate the proposed plan of refinancing , including the selection of Nexsen Pruet , PLLC , as special counsel or bond counsel , are hereby ratified , approved and authorized pursuant to and in accordance with the transactions contemplated by the District Interlocal Agreements Section 2 The terms and provisions of the respective District Interlocal Agreements referenced in this Resolution are hereby ratified and approved Section 3 Each of the District Interlocal Agreements is hereby approved in substantially the form submitted to this meeting , and each of the Chairman of the Board of Commissioners , the County Manager or the Director of Finance is hereby authorized to execute and deliver each of those documents in the name and on behalf of the respective Districts , with such changes , insertions or omissions as the persons executing such documents may approve , their execution and delivery thereof to constitute conclusive evidence of such approval The Clerk to the Board is hereby authorized to affix the seal of the County to each of said documents as may be appropriate and to attest to the same Section 4 Each of the Chairman of the Board of Commissioners , the County Manager and the Director of Finance are authorized to approve all details of the District Interlocal Agreements Execution of a District Interlocal Agreement by the Chairman of the Board of Commissioners , the County Manager or the Director of Finance shall conclusively evidence such approval of all such details of said District Interlocal Agreement Section 5 The Chairman of the Board of Commissioners , the County Manager , the Director of Finance and the County Attorney are hereby authorized to take any and all such further action , including approval of modifications to any or all of the District Interlocal Agreements , and to execute and deliver for and on behalf of any or each District such other documents , certificates and or agreements as they may deem necessary or advisable to carry out the intent of this resolution The Clerk to the Board is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attest to the same and to execute and deliver the same as may be needed Section 6 This Resolution shall become effective immediately upon its adoption Thereupon , upon motion of Commissioner Larry Wood , seconded by Commissioner Tony Braswell , the foregoing resolution entitled " RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF INTERLOCAL AGREEMENTS BETWEEN WATER DISTRICTS CREATED BY THE COUNTY AND THE COUNTY ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS INPage4277 July 19 , 2021 - 10 00 am Continued CONNECTION THEREWITH AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS " was passed by the Board of Commissioners of the County , acting as the governing body of each of the Districts , by the following vote AYES Commissioners Chad M Stewart , Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS " Butch " Lawter , Jr , and Fred J Smith , Jr NOES None Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board voted to adjourn as the Archer Lodge , Brogden , Buffalo , Clayton , Cleveland , Elevation , Hopewell - Pisgah , Ingrams Township , Little Creek , Little River , McGee's Crossroads , Meadow , O'Neals , Princeton - Kenly and Wilson's Mills Water Districts and resume regular session as the Johnston County Board of Commissioners 12 Public Utilities - Pine Level Sewer Force Main and Wastewater Pump Station Improvements Proposed Construction Contract Award and Budget Revision Utilities Director Chandra Farmer , PE , reported the County's previously approved Capital Improvements Plan includes an upsized force main and upsized wastewater pump station to upgrade pumping capacity at the Pine Level Wastewater Pump Station She stated the County received bids on June 29 , 2021 for the Pine Level Sewer Force Main Replacement portion of the project The wastewater pump station improvements are under design and will be bid at a future date under a separate construction contract Ms Farmer stated the County received five 5 bids She reported that Herring - Rivenbark of Kinston , NC submitted the lowest responsive bid in the amount of 2,170,05000 and they are properly licensed and experienced in the type of construction involved and appear to have the financial , labor and equipment resources required to complete the construction within the stipulated contract completion time Ms Farmer presented the previously approved and proposed project budget Existing Proposed Construction FM Replacement Herring - Rivenbark , Inc Contract 26,97700 2,170,05000 WWPS Upsizing Under Design - Construction Contract to be Bid 000 600,00000 Contingency 000 138,55000 Technical Services Engineering Survey Construct Admin 392,34400 425,00000 Easements 30,67900 210,00000 Cost of Revenue Bond Issuance 000 46,46400 Total Project Cost 450,00000 3,590,06400 Funding for the proposed project is as follows Reimbursement from Developer - 16 " Upsize Design & Construct 000 350,06400 Sewer Fund 450,00000 450,00000 Water Sewer Revenue Bonds 000 2,790,00000 Total Project Funds 450,00000 3,590,06400 Ms Farmer stated staff recommends award of the Pine Level Sewer Force Main Replacement project to Herring - Rivenbark , Inc in the amount of 2,170,05000 , approval of the revised project budget and approval of the Capital Project Ordinance contingent upon revenue bond sales approval from LGC Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Tony Braswell , and carried unanimously , the Board awarded the Pine Level Sewer Force Main Replacement project to Herring - Rivenbark , Inc in the amount of 2,170,05000 ; approved the revised project budget as submitted ; and adopted the following Capital Project Ordinance , contingent upon revenue bond sales approval from LGC CAPITAL PROJECT ORDINANCE FOR THE PINE LEVEL FORCE MAIN AND WASTEWATER PUMP STATION IMPROVEMENTS PROJECT BE IT RESOLVED by the Board of Commissioners the " Board " of the County of Johnston , North Carolina the " County " , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Page5278 July 19 , 2021 - 10 00 am Continued Section 1 The project authorized is the County's Pine Level Force Main and Wastewater Pump Station Improvements Project the " Project " , including upgrades to the Pine Level Wastewater Pump Station and construction installation of approximately 20,000 linear feet of 12 - inch and 16 - inch force main from the pump station to the Town of Selma The Project is to be financed by a portion of the County's Water and Sewer System Revenue Bonds , Series 2021 the " 2021 Revenue Bonds " and an appropriation from the County Sewer Fund " Fund 68 " Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the Bond Order , the Master Trust Indenture and the First Supplemental Trust Agreement authorizing and securing the 2021 Revenue Bonds collectively the " 2021 Revenue Bond Documents " and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 425,000 Construction 2,770,050 Contingency 138,550 Easements 210,000 Costs of Issuance 46,464 Total 3,590,064 Section 4 The following revenues are anticipated to be available to complete this Project Water and Sewer System Revenue Bonds 2,790,000 Fund 68 Appropriation 450,000 Developer Contribution Reimbursement 350,064 Total 3,590,064 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy state and federal regulations and the terms of the 2021 Revenue Bond Documents shall be met Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Reimbursement requests from the 2021 Revenue Bonds trustee and invested 2021 Revenue Bonds proceeds will be requested in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Adopted this 19th day of July , 2021 13 Public Utilities - 16 " Force Main to Buffalo Wastewater Pump Station Proposed Project Budget Utilities Director Chandra Farmer , PE , explained that in order to provide additional bulk wastewater capacity to the Towns of Smithfield , Selma and Pine Level , a force main downstream of the Selma Equalization Wastewater Pump Station is necessary She reported the previously approved Johnston County Water and Sewer Capital Improvements Plan includes a 16 " force main from the end of the existing 16 " force main on Buffalo Road to the discharge of the County's existing Buffalo Wastewater Pump Station Ms Farmer stated the project will allow the County to divert bulk wastewater flow from the Towns of Selma and Pine Level away from the existing facilities that provide bulk transmission service to the Town of Smithfield and flow to the new 210 Wastewater Treatment Facility She stated in order to include this project in the upcoming revenue bond funding , staff recommends adoption of a capital project budget , as follows Construction 2,289,10000 Technical Services Design Survey GeoTech Const Admin 458,00000 Easements 210,90000 Cost of Revenue Bond Issuance 51,00000 Total Project Cost 3,009,00000 Funding for the proposed project is as follows Water Sewer Revenue Bonds 3,009,00000 Total Project Funds 3,009,00000 Ms Farmer stated staff recommends approval of the project budget and adoption of the Capital Project Ordinance contingent upon revenue bond sale approval from LGC Page6279 July 19 , 2021 - 10 00 am Continued Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the project budget as submitted for the 16 " Force Main to Buffalo Wastewater Pump Station and adopted the following Capital Project Ordinance , contingent upon revenue bond sale approval from LGC CAPITAL PROJECT ORDINANCE FOR THE NEW 16 - INCH FORCE MAIN TO THE BUFFALO WASTEWATER PUMP STATION PROJECT BE IT RESOLVED by the Board of Commissioners the " Board " of the County of Johnston , North Carolina the " County " , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is the County's New 16 - Inch Force Main to the Buffalo Wastewater Pump Station Project the " Project " , including construction installation of approximately 10,000 linear feet of 16 - inch force main from the existing point of 16 - inch force main connection into the gravity main on Buffalo Road to the County's existing Buffalo Wastewater Pump Station The Project is to be financed by a portion of the County's Water and Sewer System Revenue Bonds , Series 2021 the " 2021 Revenue Bonds " Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the Bond Order , the Master Trust Indenture and the First Supplemental Trust Agreement authorizing and securing the 2021 Revenue Bonds collectively the " 2021 Revenue Bond Documents " and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 458,000 Construction 2,289,100 Easements 210,900 Costs of Issuance 51,000 Total 3,009,000 Section 4 The following revenues are anticipated to be available to complete this Project Water and Sewer System Revenue Bonds 3,009,000 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy state and federal regulations and the terms of the 2021 Revenue Bond Documents shall be met Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Reimbursement requests from the 2021 Revenue Bonds trustee and invested 2021 Revenue Bonds proceeds will be requested in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Adopted this 19th day of July , 2021 14 Public Utilities - Landfill Sewage Pumping Station and Force Main Proposed Construction Contract Award and Budget Revision Utilities Director Chandra Farmer , PE , reported the County received bids on June 24 , 2021 for the Landfill Sewage Pumping Station and Force Main project She stated the project is included in the County's previously approved Capital Improvements Plan and includes upgrades to the County's existing Landfill Wastewater Pump Station & Equalization Facility to allow for increased capacity and dual pumping to the County's existing wastewater treatment facility and proposed 210 Wastewater Treatment Facility Ms Farmer reported the County received three 3 bids with Dellinger , Inc of Monroe , NC submitting the lowest responsive bid in the amount of 10,315,00000 Ms Farmer stated Dellinger , Inc is properly licensed and experienced in the type of construction involved and appears to have the financial , labor and equipment resources required to complete the construction within the stipulated contract completion time She presented the previously approved and proposed project budget as follows Existing Proposed Construction Dellinger , Inc 000 10,315,00000 Equalization Basin Sludge Removal 000 500,00000 Electrical Service Upgrade 000 200,00000 Contingency 000 515,75000Page7280 July 19 , 2021 - 10 00 am Continued Technical Services Engineering Survey Construct Admin 505,00000 575,00000 Cost of Revenue Bond Issuance 000 196,25000 Total Project Cost 505,00000 12,302,00000 Funding for the proposed project is as follows Sewer System Development Fee Reserve 505,00000 505,00000 Water Sewer Revenue Bonds 000 11,797,00000 Total Project Funds 505,10000 12,302,00000 Ms Farmer stated staff recommends award of the Landfill Sewage Pumping Station and Force Main Project to Dellinger , Inc in the amount of 10,315,00000 , approval of the revised project budget and approval of the Capital Project Ordinance contingent upon revenue bond sales approval from LGC Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried unanimously , the Board awarded the Landfill Sewage Pumping Station and Force Main Project to Dellinger , Inc in the amount of 10,315,00000 ; approved the revised project budget as submitted ; and adopted the following Capital Project Ordinance , contingent upon revenue bond sales approval from LGC CAPITAL PROJECT ORDINANCE FOR THE LANDFILL EQUALIZATION AND PUMPING FACILITY UPGRADES AND FORCE MAIN PROJECT BE IT RESOLVED by th