October 4, 2021 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 393 Meeting of the Johnston County Board of Commissioners October 4 , 2021 10 00 am The Johnston County Board of Commissioners met in regular session Monday , October 4 , 2021 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , 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 , Finance Officer and Deputy County Manager J Chad McLamb , and County Attorney Jennifer J Slusser Chairman Chad M Stewart called the meeting to order at 10 00 am Commissioner Butch Lawter opened the meeting with a prayer VFW Post 5955 Selma led everyone in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Tony Braswell , 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 Larry Wood , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – September 7 , 2021 10 00 am and 6 00 pm ; September 20 , 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 Largo Drive , Carbone Lane , Brunello Court , N Bottego Way , S Bottego Way , E Lunata Court , W Lunata Court , and E Ravano Lane – San Marino – Phase 1 & 2 – Wilders Township Stromness Path , Stonehaven Way SR 2855 ext , and Saturnia Court – Tuscany The Vinyards – Phase 3B & 3C – Wilders Township C Proclamation - Employee Appreciation Week – October 25 - 29 , 2021 , adopted as follows JOHNSTON COUNTY EMPLOYEE APPRECIATION WEEK October 25 – October 29 , 2021 WHEREAS , Johnston County employees represent over 1,000 men and women , working in 31 different service departments and agencies , devoted to making Johnston County a better place to work and live ; and WHEREAS , Johnston County employees provide a multitude of services for all the citizens of the County ; and WHEREAS , Johnston County employees are both skilled and efficient in their jobs , making every effort to expend County tax dollars in the most effective way for the betterment of the County and its citizens ; and WHEREAS , Johnston County Government runs smoothly on a day to day basis primarily because of the dedicated employees in each of its departments and agencies NOW , THEREFORE , in appreciation for their dedication to the welfare of the citizens of our County , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the week of October 25 - 29 , 2021 as COUNTY EMPLOYEE APPRECIATION WEEK th Adopted this the 4 day of October , 2021 Page394 October 4 , 2021 – 10 00 am Continued D Town of Clayton – Appointment to Clayton Planning Board Per a request by the Town of Clayton , the Board made the following appointment to the Clayton Planning Board representing the ETJ area of the Town Jeffrey R Spence , 1500 N O’Neil Street Ext , Clayton term expiring December 31 , 2023 E Town of Pine Level – Appointment to Pine Level Planning Board Per a request by the Town of Pine Level , the Board made the following appointment to the Pine Level Planning Board representing the ETJ area of the Town Tammy Register , 112 Pine South Drive , Selma term expiring October 31 , 2024 F Tax Releases & Refunds – 08 15 2021 – 09 15 2021 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 8 16 2021 4 12 23 PM ALassiter 2021 - 71556 2000083956 NUTT , JAMES E 20279 8 17 2021 9 08 32 AM ALassiter 2021 - 121756 2000236108 WLLIAMS UTILITY LLC 52666 8 17 2021 9 36 27 AM ALassiter 2021 - 202214 2000224718 TRIANGLE AVIATION SOLUTIONS 5,00457 CORPORATION 8 17 2021 3 56 34 PM ALassiter 2021 - 83655 2000199861 ALC AVIATION SERVICES LLC 2,52800 8 17 2021 5 23 36 PM ALassiter 2021 - 85683 2000009399 SATTERFIELD , ROBERT NEIL 11135 8 18 2021 9 59 09 AM dwoodward2 2021 - 120599 2000091280 MORGAN , ADAM DALE 3,07225 8 18 2021 10 58 23 AM dwoodward2 2021 - 96472 2000180606 TIMOTHY GERARD SULLIVAN 2,80654 REVOCABLE TRUST 8 18 2021 11 46 49 AM ALassiter 2021 - 202444 2000199668 BLIZZARD , JOHN D III 16236 8 18 2021 12 30 40 PM ALassiter 2021 - 34604 2000158455 FOOD LION 2197 13253 8 18 2021 4 39 40 PM ALassiter 2021 - 39865 2000138823 GUNTER , JERRY LEE 27589 8 25 2021 12 49 08 PM cfutch 2021 - 59543 2000067542 LEWIS , SCOTTY LEE 15272 9 1 2021 4 47 36 PM dwoodward2 2021 - 202402 2000065682 ATKINSON , ROSE B 64143 9 1 2021 4 48 24 PM dwoodward2 2021 - 202401 2000065682 ATKINSON , ROSE B 65670 9 1 2021 4 49 07 PM dwoodward2 2021 - 202400 2000065682 ATKINSON , ROSE B 65670 9 1 2021 4 49 57 PM dwoodward2 2021 - 202399 2000065682 ATKINSON , ROSE B 60500 9 3 2021 2 50 23 PM ALassiter 2021 - 105151 2000068815 WILSON , SHANNON 14863 9 3 2021 2 58 09 PM ALassiter 2021 - 109207 2000175672 CHASE , BEVERLY P 57161 9 3 2021 3 00 30 PM ALassiter 2021 - 82413 2000146596 RIOS , REYNA MORALES 39676 9 9 2021 9 00 35 AM dwoodward2 2021 - 54389 2000219746 SLUIK , ROBERT JOHN 41492 9 13 2021 8 17 38 AM dwoodward2 2021 - 58095 2000122908 LEE , PERCY Y 2,25320 9 13 2021 8 20 12 AM dwoodward2 2021 - 58095 2000122908 LEE , PERCY Y - 2,25320 9 13 2021 8 21 10 AM dwoodward2 2021 - 58095 2000122908 LEE , PERCY Y 2,76738 9 13 2021 11 13 24 AM ALassiter 2021 - 202359 2000187723 BECHTOLD , RICHARD R 25073 9 13 2021 3 34 06 PM ALassiter 2021 - 39468 2000164034 GRIFOLS THERAPEUTICS LLC 29309 9 15 2021 2 17 09 PM ALassiter 2021 - 81373 2000066596 RENT - A - CENTER INC 2,58896 9 15 2021 3 39 33 PM ALassiter 2021 - 202977 2000242433 BRITTON , JOSHUA E 82555 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 8 16 2021 2 41 10 PM Jodee 2021 - 58628 2000176461 LENNON , DAVID D SR 13710 Langdon 8 17 2021 2 56 34 PM LOCKBOX 2021 - 34744 2000159359 FORMOSA DELLWOOD LLC 9,98836 8 20 2021 10 53 29 AM Jodee 2021 - 90167 81407120 SPELLS , HARVEY JR 28671 Langdon 8 20 2021 2 31 59 PM Jodee 2021 - 74897 2000200959 PATTERSON , RYLY 13418 Langdon 8 23 2021 3 11 18 PM LOCKBOX 2021 - 25107 2000208060 DAISY OF NC , LLC 52650 8 23 2021 3 11 18 PM LOCKBOX 2021 - 82523 2000174998 RITTENHOUSE , LORETTA S 12705Page395 October 4 , 2021 – 10 00 am Continued 8 23 2021 3 11 18 PM LOCKBOX 2021 - 93599 2000225303 VELASQUEZ , MARVIN OMAR 23634 BANEGAS 8 24 2021 3 04 54 PM LOCKBOX 2020 - 59010 2000158502 LEES AUTO PARTS SALES & SVC 11345 8 25 2021 2 29 25 PM cfutch 2021 - 112079 2000212105 DEWITT , CHRISTOPHER 40734 8 25 2021 3 38 24 PM LOCKBOX 2021 - 105297 2000225592 JOHNSON BUILDING COMPANY , 29607 INC 8 26 2021 3 52 41 PM LOCKBOX 2021 - 21806 2000149687 COOLEY , STANLEY L 38371 8 26 2021 3 52 41 PM LOCKBOX 2020 - 24825 2000036634 CURRIE , ROGER LEE JR 5,38359 8 26 2021 3 52 41 PM LOCKBOX 2021 - 43913 2000219337 MACAULAY , LANCE 32383 8 26 2021 4 21 33 PM jevans 2021 - 24825 2000036634 CURRIE , ROGER LEE JR 12053 8 27 2021 1 46 27 PM awestbrook 2021 - 112161 2000224558 STOUDT , TERESA L 42259 8 27 2021 3 23 25 PM LOCKBOX 2021 - 93987 2000213139 J & B REAL ESTATE 23580 CONSULTANTS , LLC 8 27 2021 3 23 25 PM LOCKBOX 2021 - 120980 2000233735 ROSADO , YASMIN 37800 8 30 2021 2 46 13 PM LOCKBOX 2021 - 19313 2000178552 CHARLES ROBERT NIELSEN 17285 TRUST 8 30 2021 2 46 13 PM LOCKBOX 2021 - 102251 2000182288 WEEKS , JOHN A 1,73969 9 2 2021 11 33 39 AM tcronan 2021 - 8878 2000234188 GATES , JESSE TYLER 10592 9 7 2021 11 44 50 AM jmorrow 2021 - 111871 2000192308 GGJMD , LLC 13940 9 7 2021 1 50 20 PM awestbrook 2021 - 57724 2000189531 LEE , JAMES H SR 37013 9 7 2021 2 44 20 PM LOCKBOX 2021 - 90353 81321805 SOUTHERN EQUIPMENT CO 1,93392 9 7 2021 2 44 21 PM LOCKBOX 2021 - 28050 24908962 DENNING , DUDLEY T 1,91469 9 13 2021 10 01 35 AM Jodee 2021 - 95067 2000026094 TART , MARGILEEN P 1,51160 Langdon 9 13 2021 2 28 20 PM Jodee 2021 - 20626 2000144223 CHEMSTATION 45000 Langdon 9 13 2021 3 38 07 PM LOCKBOX 2021 - 4641 2000100312 AUSTINS POND OWNERS 50995 ASSOCIATION INC 9 13 2021 3 38 07 PM LOCKBOX 2021 - 4642 2000185994 AUSTINS POND OWNERS 22651 ASSOCIATION INC 9 14 2021 11 15 54 AM tcronan 2020 - 29399 2000044431 DUPREE , JAMES MACK 18718 9 14 2021 11 45 19 AM tcronan 2021 - 29753 2000221808 EARLY , STEPHEN J 37503 North Carolina Vehicle Tax System - Pending Refund Report – August 2021 100 + Payee Name Bill # Transaction Refund Total Change # Reason EAST COAST 0062156242 302016148 Situs error 000 TOWING INC 26465 3366 8822 31921 JONES , NEWITT 0047643010 150942470 Adjustment 24244 WENTZ JR 3190 27434 LMN SERVICES 0057885383 226607940 Change of 62098 INC County 46574 15525 124197 MANGUM , ERIC 0042958806 151732160 Adjustment 13072 QUINN 1247 14319 MANTALVANOS , 0062348826 150430014 Adjustment 32148 ARIS GEORGE 9306 41454 MOUNT CALVARY 0053077678 226885305 Exempt 16720 BAPTIST Property 12760 CHURCHPage396 October 4 , 2021 – 10 00 am Continued 3000 32480 POUNDS , 0062496248 302358076 Situs error 000 WILLIAM RUSTIN 22110 3491 7370 25989 August 23 , 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 8 15 21 to 9 15 21 Tax refunds - Personal Real Property 1,04099 Tax releases - Personal Real Property 1,09105 Motor vehicle release refund 4900 Recommended by Tax Administrator Jocelyn Andrews Approved by Finance Director J Chad McLamb 3 COVID - 19 & Emergency Rental Assistance Program Updates COVID - 19 Health Director Dr Marilyn Pearson thanked all the partners , volunteers , and staff that continue to assist the Health Department with the response to the COVID - 19 Pandemic She shared a handout with the Board highlighting the cases as of the end of last week Dr Pearson stated the number of positive cases for Johnston County now totals over 30,000 She stated there are currently 46 hospitalizations down from 72 in early September , and 319 deaths up from 280 at the beginning of September Dr Pearson indicated that there have been 204 reinfections 066 of total cases and breakthroughs of 650 21 of total cases She stated the positivity rate has decreased to 85 over a two - week span and that continues to improve Dr Pearson stated testing continues across the County and 52 of the eligible population have been fully vaccinated Dr Pearson stated the hospital has suspended non - emergent surgical cases at this time because of the number of COVID patients they are admitting and evaluations of the hospital system is ongoing Dr Pearson reported the Health Department continues to administer vaccines five days a week as well as provide vaccine clinics She stated the FDA Advisory Committee will be meeting in mid - October to discuss the Moderna and Janssen booster vaccines as staff continues to administer the Pfizer vaccine booster that is now available She stated the next clinic is scheduled for October 18 , 2021 at North Johnston High School and more information will become available soon She encouraged eligible citizens to get vaccinated as well as continue wearing masks , practicing social distancing , and frequent handwashing Commissioner Ted G Godwin asked if there has been any difficulty in obtaining vaccines Dr Pearson responded that there had been no difficulty obtaining doses and there are more doses now available from the State than before She noted the Health Department also receives transfers from other Health Departments ERA Program Finance Director and Deputy County Manager Chad McLamb provided an update to the Board on the Emergency Rental Assistance ERA Program as well as the Community Development Block Grant CDBG mortgage assistance program Mr McLamb stated on the CDBG grant amount , 406,896 has been spent to date and there is approximately 493,000 available through June 2022 Mr McLamb stated with regards to the ERA Program , the County began contracting with Yardi on September 7 , 2021 He noted that prior to September , the County processed 17 million in ERA assistance Mr McLamb stated currently there is 35,000 in assistance ready for supervisor approval , 455,000 in progress , and 319,000 in applications to be reviewed Mr McLamb stated there are 638,000 in new applications received Mr McLamb also reported that 58,110 has been disbursed , and although the process can be lengthy due to the various eligibility requirements that must be reviewed , he is hopeful the timeframe will significantly improve now that Yardi is assisting the County Mr McLamb stated to date , the County has paid Yardi 70,000 for five case managers and two supervisors , a 25,000 one - time setup fee , and one quarter of the software payment of 34,000 PagePage pageNumber5397 October 4 , 2021 – 10 00 am Continued Commissioner Patrick E Harris thanked Mr McLamb and the Finance staff along with the Department of Social Services staff for their work on getting the assistance out to the people that need it 4 Public Comments th A The Baptist Center Church – Proclamation Recognizing 150 Anniversary Baptist Center Church Pastor Dr Ray Carr requested the Board to adopt a proclamation recognizing the th Church’s 150 Anniversary Pastor Carr said he has been in Johnston County for nine years and it is a joy to pastor the church Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Butch Lawter , and carried unanimously , the Board adopted the following proclamation Proclamation th Baptist Center Church 150 Anniversary th WHEREAS , the Baptist Center Church is commemorating its 150 Church Anniversary with several events planned from July 2021 to July 2022 ; and WHEREAS , the Baptist Center Church will hold its Homecoming Anniversary service on October 17 , 2021 , and revival services on October 18 - 21 , 2021 ; and th WHEREAS , the 150 anniversary theme for the Baptist Center Church is Remember , Rejoice and Renew ; and WHEREAS , the mission statement of the Baptist Center Church is “ We seek to glorify the Lord by becoming transformed disciples through loving God , connecting to the body , serving with our gifts , and engaging the lost ” ; and WHEREAS , the Baptist Center Church was constituted on Sunday , July 30,1871 after three days of worship services conducted underneath a brush arbor by members of Johnston Liberty First Baptist Clayton , Mt Moriah , Shiloh and Bethesda Baptist churches ; and WHEREAS , the name of Baptist Center was chosen due its location of the four surrounding Baptist churches ; and WHEREAS , under the leadership of the church’s first pastor of record , Elder Amos Weaver , a vision to help establish a permanent place of worship had begun ; and WHEREAS , the Baptist Center Church has supported many groups and organizations within the community and honors our service men and women , decorated veterans , and loved ones who paid the supreme price for our freedom ; and WHEREAS , the Baptist Center Church has remained a place to nourish its members spiritually and improve the life of the community Now , Therefore , Be It Proclaimed , that the Johnston County Board of Commissioners wishes to recognize and th commemorate the 150 Anniversary of the Baptist Center Church on this joyous and memorable anniversary th Adopted this the 4 day of October , 2021 B Citizen Comments – Rick Mercier Rick Mercier , 193 Fireweed Place , Clayton , addressed the Board and shared his concerns regarding funding for Johnston County Schools as well as Policy Code 5100 recently adopted by the Johnston County Board of Education Mr Mercier expressed his disappointment stating the Board of Commissioners forced the Board of Education to adopt a policy regarding an issue that does not exist Mr Mercier stated he believes this is a fake controversy that was an attempt to silence voices of the past and suppress ideas Mr Mercier spoke on the history of slavery , stating silence is unacceptable and everyone must do their part to make Johnston County better and to make a real effort to come together and heal PagePage pageNumber6398 October 4 , 2021 – 10 00 am Continued 5 Proclamation – National 4 - H Week Johnston County Cooperative Extension Agent Courtney Stanley requested the Board to adopt a proclamation for October 3 – 9 , 2021 as 4 - H Week in Johnston County She introduced Ms Meredith Wood , new Program Associate , with Cooperative Extension Ms Stanley thanked the Board for their ongoing support of Johnston County 4 - H Ms Stanley stated the experiences with 4 - H are life changing and impactful and National 4 - H week is a time to recognize the youth for their achievements Commissioner Butch Lawter recognized the 4 - H members and alumni present at the Board meeting Commissioner Ted G Godwin stated he has always been impressed with the 4 - H youth livestock program Commissioner Patrick E Harris read the proclamation aloud and moved for its adoption , seconded by Commissioner Larry Wood , and carried unanimously NATIONAL 4 - H WEEK PROCLAMATION WHEREAS , 4 - H youth across the nation are leading efforts to solve problems in their communities and make a difference for their futures ; and WHEREAS , 4 - H is the largest youth development organization in North Carolina and the largest in the nation with over six million participants ; and WHEREAS , 4 - H in North Carolina claims 260,000 youth members and 13,000 volunteers , while Johnston County’s 4 - H program numbers more than 5,528 members and more than 40 volunteers ; and WHEREAS , 4 - H as part of the NC Cooperative Extension System of NC State University and NCA & T State University is a program where youth learn through opportunities that provide them hands - on experiences in 4 - H’s mission mandates of science , engineering and technology ; healthy living ; and citizenship ; and WHEREAS , 4 - H has connected youth and their communities with the innovative research and resources from our nation’s 112 land - grant universities and colleges for more than 118 years NOW , THEREFORE , the Johnston County Board of Commissioners , do hereby proclaim October 3 - 9 , 2021 , as National 4 - H Week in Johnston County We urge the people of this County to take advantage of the opportunity to become more aware of this special program that enhances our young people’s interests in their futures as part of Johnston County 4 - H Youth Development and to join us in recognizing the unique partnership between our County and our State University System 6 Proclamation – Domestic Violence Awareness Month Harbor Executive Director Kay Johnson requested the Board to adopt a proclamation for October 2021 as Domestic Violence Awareness Month She introduced Ms Ruth Anderson , Chair of the Harbor Board of Directors Ms Johnson thanked the Board for their continued support and collaboration between Harbor and County agencies She acknowledged the support of the Johnston County Public Health Department , the Department of Social Services , the Johnston County Sheriff’s Office , the magistrate’s office , local law enforcement , the Clerk of Superior Court’s Office , and the District Attorney’s Office Ms Johnson provided an overview of the services offered by Harbor and stated it is because of the support of the Johnston County Board of Commissioners and all the partners that Harbor can assist those impacted by domestic violence Commissioner Butch Lawter read the proclamation aloud and moved for its adoption , seconded by Commissioner Ted G Godwin , and carried unanimously PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2021PagePage pageNumber7399 October 4 , 2021 – 10 00 am Continued WHEREAS , home should be a place of warmth , unconditional love , safety , and peace ; however , tragically for many Americans , these are blessings that are tarnished by violence and fear ; and WHEREAS , domestic violence touches the lives of Americans of all ages , leaving a devastating impact on women , men , and children of every background and circumstance with a family’s home becoming a place of fear , hopelessness , and desperation when a woman is battered by her partner , a child witnesses the abuse of a loved one , or a senior is victimized by family members ; and WHEREAS , domestic violence remains a major public health , social justice , and human rights issue requiring particular attention , and its interventions must be with the inclusion of both women and men at all levels ; and WHEREAS , there is an urgent need , more than ever , to get involved ; and WHEREAS , the wide prevalence of domestic violence and sexual assault , along with the shocking silence and inaction around these issues , compels all of us to come together and get involved to end the abusive violence in our relationships , in our families , and in our communities ; and WHEREAS , since 1984 , HARBOR , INCORPORATED has been actively involved in addressing domestic violence in our community and has collaborated with numerous people and groups to respond , educate , and bring awareness to all people about domestic violence ; and WHEREAS , HARBOR , INCORPORATED serves approximately 3,000 direct victims and others annually and would like to invite everyone to support October 2021 as Domestic Violence Awareness Month , as it will be dedicated to the “ Every1KnowsSomeone1 Campaign ; and WHEREAS , this campaign underscores the urgent need for involvement by taking action , speaking out , breaking our silence , and seeking help when we see this problem in our life , in our family , and in our community NOW THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners does hereby proclaim the month of October 2021 as Domestic Violence Awareness Month and urges all citizens to observe this month by becoming aware of the tragedy of domestic violence , support those who are working toward its end , and make a personal commitment to get involved in the Campaign “ Every1KnowsSomeone1 ” th Proclaimed this the 4 day of October 2021 Ms Anderson thanked Ms Johnson for her work , stating the County is fortunate to have her leading the efforts of Harbor She also thanked the Board for their support 7 Town of Princeton – Request for Funding – Drainage Project Tyrus Clayton , Draper Ayden Associates , on behalf of the Town of Princeton , stated at the Board’s September 20 , 2021 meeting the Commissioners asked for more technical details on the requests by the Town of Princeton Mr Clayton shared the following brief presentation with the Board PagePage pageNumber8400 October 4 , 2021 – 10 00 am ContinuedPagePage pageNumber9401 October 4 , 2021 – 10 00 am Continued At the inquiry of Commissioner Butch Lawter , Mr Clayton stated the entire amount of 222,000 in American Rescue Plan Act ARPA funding was allocated for the Southern Princeton portion of the drainage project Princeton Town Administrator Maria Ashworth reported the second half of the Town’s ARPA funding has not been officially allocated ; however , the Council’s focus is on drainage projects At the request of the Board , County Attorney Jennifer Slusser presented staff’s recommendations as it relates to a proposed framework for considering municipal funding requests Ms Slusser stated as staff understands , infrastructure projects for water , wastewater , and stormwater are priorities of the Board of Commissioners when considering funding requests She stated broadband was not chosen for this framework because the County is currently working with a broadband consultant and believes there will be state funding opportunities for broadband Ms Slusser shared information relative to State appropriations the towns have received and discussed the following proposed framework , project requirements , and evaluation criteria to be considered for County funding Proposed Framework for Municipal Funding Requests Purpose of Framework is to provide a decision matrix that addresses ? public purpose ; ? impact ; and ? budget Propose a pool of 55MM appropriated from General Fund for infrastructure requests using a Request for Proposal process for Johnston County municipalities with proposal deadline of 6 30 2022 Proposals will be evaluated with established criteria and projects will be selected based on project requirements and best fits the needs of Johnston County Project requirements ? Be ARPA qualified water , wastewater , or stormwater project per US Treasury Guidelines ; ? Municipality must have accepted ARPA funding appropriation ; ? Meet a public purpose and fall within County authority to fund per NCGS ; ? Identify and directly address a need related to health or economic harm ; ? Support equitable outcomes for impacted populations ; ? Leverage and align with other funding sources ; ? Make best use of this one - time infusion of resources ; ? Have a lasting impact ; ? Provide performance reporting regarding use of funds and project impact ; ? Comply with all provisions of funding contract ; and ? Complete all work and fully expend all funds by December 31 , 2026 Evaluation Criteria ? Amount of funds requested ; ? ARPA qualified project ; ? Project Plan ; ? Statement of Need ; ? Health or Economic Harm ; ? Population Served ; ? Results ; ? Evaluation ; ? Equity Impact ; ? Project Partners ; ? Organizational Capacity ; ? Budget ; ? Special Considerations Ms Slusser thanked County Manager Rick Hester , Finance Director Deputy County Manager Chad McLamb , Debt Manager Martha Lassiter , Utilities Director Chandra Farmer , and Clerk to the Board Paula Woodard for their work and input on the proposed framework She stated staff proposes this one - time funding opportunity for the towns to come from the County’s General Fund rather than the County’s portion of the ARPA funds Ms Slusser explained that in staff’s opinion , the entire 405 million ARPA allocation the County received , could be utilized by the County for its own water and sewer projects She continued that byPage0402 October 4 , 2021 – 10 00 am Continued allowing the entire County ARPA allocation to remain with the County , it would help to reduce the amount of funding that the County would have to borrow to complete necessary infrastructure projects Commissioner Ted G Godwin asked whether a tiering system would be appropriate when considering the municipal requests Ms Slusser stated that staff considered a tier system but felt that the limited scope of projects could make it difficult to administer within a tier system versus looking at the proposed projects based on the level of funding available At the inquiry of Commissioner Tony Braswell , Ms Slusser clarified that this one - time funding opportunity would be completely separate from any ARPA funding the municipalities have been appropriated from the State Ms Slusser stated staff felt that by using money from the General Fund for this opportunity , the administration would be easier at a staff level Commissioner Lawter stated at the last meeting there were seven different opinions on how to address municipal funding requests ; however , the proposed framework helps to clarify a process needed to move forward Commissioner Lawter stated he feels the framework and evaluation criteria is fair and equitable and provides opportunities for all eleven towns to bring projects forward Upon a question by Commissioner Braswell , Commissioner Lawter stated should the Board choose to fund a request by Princeton today , he would consider that to be a part of the framework presented by staff and should be part of the 55 million pool Motion to Approve Framework for Municipal Funding Requests Commissioner Fred J Smith , Jr , moved the Board approve the Framework for Municipal Funding Requests as prepared and submitted by staff , seconded by Commissioner Ted G Godwin Discussion Upon a question by Commissioner Larry Wood , County Manager Rick Hester explained that the 55 million in the framework is a guide only and the Board could certainly tweak that number Mr Hester stated staff’s thought was that 55 million allowed approximately 500,000 for each of the eleven municipalities , but he stated staff also recognizes that some towns may have infrastructure needs larger or smaller than others He stated for whatever is decided , the funds would need to be included in the Fiscal Year 2022 - 2023 budget Commissioner Braswell asked if Phase 1 of the Town of Princeton’s request is approved today , would they be allowed to submit a request for funding for Phase 2 of their project to be funded from this same pool of money Mr Hester responded that Princeton could submit a request for Phase 2 or part of Phase 2 of their project under this program Mr Hester stated all the applications could be analyzed together when they are received and the Board could decide then whether to fully fund or partially fund Phase 2 for Princeton at that time Ms Slusser clarified that the thought was to have a pool of 55 million and the Board could then decide how that pool of funding should be disbursed and not necessarily limit themselves to 500,000 per town because some towns may have needs in excess of 500,000 while others could have needs less than that amount Commissioner Smith commended the staff for the framework , stating it is good to have a simplified plan when spending taxpayers ’ money Vote The motion carried unanimously Motion to Fund Phase 1 Southern Princeton of the Princeton Drainage Project Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Fred J Smith , Jr , and unanimously approved , the Board voted to approve Phase 1 Southern Princeton of the Princeton StormwaterPage1403 October 4 , 2021 – 10 00 am Continued Funding Request , based on actual project bid award , in an amount not to exceed 395,000 and that any available state or federal grant funding for the project serve as the primary source of funding with the County contribution being the secondary source ; and further that if the project comes in over 395,000 that the Town come back to the Board of Commissioners for further consideration Princeton Mayor Don Rains thanked the Board for their assistance to the Town so the project can move forward 8 Alliance – Update to the Board Alliance Executive Director and CEO Rob Robinson presented an update to the Board He recognized Alliance Board Members Lee Jackson and Commissioner Ted G Godwin He also acknowledged Commissioner Tony Braswell as a former member and thanked him for his past service Mr Robinson stated Alliance is a Local Management Entity LME and Managed Care Organization MCO for the citizens of Wake , Durham , Cumberland , and Johnston Counties with mental health , substance use , and intellectual and development disabilities He stated the LME functions to assist with the uninsured and underinsured while the MCO functions to assist individuals with Medicaid Mr Robinson stated the State is in transition with assistance with Medicaid and that standard plans and tailored plans are the two options for individuals Mr Robinson stated the standard plans went live on July 1 , 2021 and there are five plans for Johnston County that will serve the majority of individuals 80 with Medicaid He explained the standard plan assists with the physical health , mental health , and pharmacy benefits for Medicaid eligible individuals Mr Robinson reported the tailored plan will go live July 1 , 2022 and will cover those with severe mental health , substance use disorders , and intellectual and developmental disability that are on the Innovations Program or waitlist Mr Robinson shared the following update with the Board Page2404 October 4 , 2021 – 10 00 am ContinuedPage3405 October 4 , 2021 – 10 00 am Continued Commissioner Ted G Godwin complimented Mr Robinson on his leadership with Alliance Mr Lee Jackson thanked the Board for their support of Alliance stating mental health is a huge issue and the work of Alliance is very important to counties Chairman Chad M Stewart commended Alliance for their work and stated the Board is thankful for the partnership 9 911 - Communications – Approval of Public Safety Paging Project 911 - Communications Director Brett Renfrow requested the Board to approve moving forward with a Public Safety Paging Project to improve paging capabilities in the north and northeastern portion of Johnston County Mr Renfrow stated the project would be located at the Kenly Fire Department in that they currently have infrastructure in place necessary to complete the project and further , have agreed to provide access to their facility at no cost to Johnston County Johnston County 911 will add transmitting repeaters to an existing tower on their site He noted this project will improve paging coverage to a vastly larger area than just the Kenly Fire Department to include Antioch , Bethany , Micro , Pine Level , and Princeton Fire Departments respectively Mr Renfrow explained the cost of the project to include all aspects related to the purchase of equipment and installation will total 64,79385 He stated Communications International would complete this project under the 725G State Contract pricing for 2 - Way Radio Communications Equipment and funding for the project was included in the Fiscal Year 2021 - 2022 budget Mr Renfrow requested the Board’s approval to proceed with the project at a total cost of 64,79385 with Communications International under the 725G State Contract pricing for 2 - Way Radio Communications Equipment Mr Renfrow stated that the Kenly Fire Department has backup generator power if the main power fails Commissioner Patrick E Harris stated he has reviewed the item and thanked Kenly Fire Chief Paul Whitehurst for providing a location for the project Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Fred J Smith Jr , and carried unanimously , the Board approved for staff to proceed with the project at a total cost of 64,79385 with Communications International under the 725G State Contract pricing for 2 - Way Radio Communications Equipment 10 JCATS – Request County Match for Community Transportation Program Grant Funds Mr Neal Davis , Executive Director for Community & Senior Services JCATS , presented a request to the Board to approve a match in the amount of 123,981 for the North Carolina Department of Transportation Community Transportation Program grant for Fiscal Year 2022 - 2023 The total grant from the NC DOT is 1,007,235 and is the primary administrative and capital grant with which JCATS operates Mr Davis also requested the Board to adopt a resolution authorizing him to execute and file the application Mr Davis stated the grant consists of the following 1 Current services provided by JCATS 2 Federal State Certifications and Assurances that the system is meeting all regulatory requirements 3 465,140 Administrative expense request - 247,406 JCATS administrative staff - 217,734 other administrative expenses ie , utilities , vehicle insurance , computer support , etc Page4406 October 4 , 2021 – 10 00 am Continued - Local match of 69,771 15 4 542,095 Capital budget request - 362,195 - 5 replacement vehicles - 179,900 for other capital expenses ie vehicle lettering , shop equipment , software , etc - Local match of 54,210 10 Mr Davis stated the agreement will be presented to the Community Senior Services Board of Directors on October 7 , 2021 , and a public hearing will be conducted at that meeting He stated following the public hearing , the application will be presented to the DOT on October 8 , 2021 Mr Davis thanked the Board for their past support of the Johnston County Area Transit System and requested the local match of 123,981 be included in the Fiscal Year 2022 - 2023 budget Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the match in the amount of 123,981 for Fiscal Year 2022 - 2023 and adopted the following resolution RESOLUTION Authorizing the filing of applications with the North Carolina Department of Transportation – Integrated Mobility Division for grant years FY2023 – FY2027 , for federal transportation assistance authorized by 49 USC 5311 , United States Code , other federal statutes administered by the Federal Transit Administration or state statutes administered by the State of North Carolina WHEREAS , the North Carolina Department of Transportation has been delegated authority to award federal financial assistance for transit projects as allocated throughout North Carolina by County NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners , 1 That Neal Davis , Executive Director of Community and Senior Services of Johnston County , Inc d b a Johnston County Area Transit System JCATS , is authorized to execute and file an application for federal assistance on behalf of the County of Johnston with the State of North Carolina for federal assistance authorized by 49 USC Chapter 5311 United States Code , other federal statutes or state statutes authorizing a project administered by the Federal Transit Administration 2 That Neal Davis , Executive Director of Community and Senior Services of Johnston County , Inc d b a Johnston County Area Transit System JCATS , is authorized to execute and file with its applications the annual certifications and assurances and other documents the State of North Carolina requires before awarding a federal assistance grant or cooperative agreement 3 That Neal Davis , Executive Director of Community and Senior Services of Johnston County , Inc d b a Johnston County Area Transit System JCATS , is authorized to execute grant and cooperative agreements with the State of North Carolina on behalf of the County of Johnston 11 Parks , Greenways , & Open Space - Cleveland Park Contract for Parking Lot Design Parks , Greenways , & Open Space Coordinator Adrian O’Neal requested the Board to approve a contract with McGill Associates in the amount of 36,700 for the Cleveland Park temporary parking lot design Mr O’Neal stated the contract with McGill and Associates originated through a request for qualifications advertisement He further requested the Board to reallocate funds previously granted to the Cleveland Community Parks & Recreation Association for the development of this park to fund the cost of the design contract , which will meet the original intent of the funding Mr O’Neal stated the total remaining in the allocation for the Cleveland Community Parks & Recreation Association is currently 56,21512 Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the contract with McGill Associates as follows ; and further approved the reallocation of funds previously granted to the Cleveland Community Parks & Recreation Association in the amount of 36,700 , for the development of this park AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN JOHNSTON COUNTY AND _McGill Associates , PA Engineering for Temporary Parking and Irrigation Water Supply at Booker Tract Park Site This Professional Services Agreement “ Agreement ” , made as of the 13th day of September , 2021 09 13 2021 “ Effective Date ” , by and between the County of Johnston hereinafter , the County and McGill Associates , PA a civilPage5407 October 4 , 2021 – 10 00 am Continued engineering services company with a partner or principal registered in North Carolina as a licensed Professional Engineer and with offices in North Carolina hereinafter , the Consultant WITNESSETH That the County and Consultant , for the consideration herein named , do hereby agree as follows ARTICLE 1 11 General 111 This Agreement governs professional consulting services “ Consulting Services ” to be rendered by Consultant to County with respect to engineering services pursuant to project specific scopes of service agreed to by County and Consultant under Article 3 hereof 112 By its execution of this Agreement , the Consultant represents and agrees that it is qualified and fully capable to perform and provide the Consulting Services required or necessary under this Agreement in a fully competent , professional and timely manner ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 21 Services to be Provided 212 The Consultant shall provide the County with all Consulting Services required to satisfactorily complete project specific scopes of service agreed to by County and Consultant under Article 3 in accordance with generally accepted professional standards of care 22 Standard of Care 221 The Consultant shall perform all Consulting Services under this Agreement in accordance with that level of care and skill ordinarily exercised by members of Consultant’s profession actively practicing under similar circumstances in the State of North Carolina and the professions of any and all professional sub - consultants retained by Consultant and in accordance with federal , state and local laws and regulations applicable to the performance of these services Consultant is solely responsible to the County for the professional quality , accuracy and timely completion and submission of all reports , drawings , specifications , plans , documents and services related to the Consulting Services , whether prepared by Consultant or by its sub - consultants hereinafter “ Deliverables ” 222 The Consultant shall be responsible to the County for all errors or omissions in the Deliverables 223 The Consultant shall correct at no additional cost to the County any and all errors , omissions , discrepancies , ambiguities , mistakes or conflicts in any Deliverable 224 The Consultant shall assure that all Deliverables hereunder are in accordance with applicable laws , statutes , codes and regulations and that all necessary or appropriate applications for approvals are submitted to federal , state and local governments or agencies in a timely manner so as not to delay the Project 225 The Consultant shall not , except as otherwise provided for in this Agreement and or pursuant to project specific scopes of service agreed to by County and Consultant under Article 3 hereof , subcontract the performance of any Consulting Services under this Agreement to any sub - consultants , without prior written permission of the County No permission for subcontracting shall create , between the County and the subcontractor , any contract or any other relationship 226 Any and all employees of the Consultant engaged by the Consultant in the performance of any Consulting Services required of the Consultant under this Agreement , shall be considered employees or agents of the Consultant only and not of the County , and any and all claims that may or might arise under any workers compensation law on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant 227 Consultant shall perform all Consulting Services in a timely manner in accordance with all schedules for project specific scopes of service agreed to by County and Consultant under Article 3 hereof 228 If activities related to the performance of this Agreement require specific licenses , certifications , or related credentials Consultant represents that it and or its employees , agents and sub - consultants engaged in such activities possess such licenses , certifications , or credentials and that such licenses certifications , or credentials are current , active , and not in a state of suspension or revocation ARTICLE 3 SERVICES 31 Scope of Consulting Services – See attached Exhibit A ARTICLE 4 DURATION OF CONSULTANT’S SERVICES 41 Scheduling of Services 411 The Consultant shall schedule and perform Consultant’s activities in a timely manner so as to meet the delivery requirements as indicated on the project schedule ARTICLE 5 CONSULTANT’S COMPENSATION 51 Compensation for Consulting Services 511 Compensation for Consulting Services authorized by the Scope of Service pursuant to Article 3 shall be as outlined in attached Exhibit A In no case shall the total compensation exceed 36,70000 without a written amendment to this agreement 52 PaymentsPage6408 October 4 , 2021 – 10 00 am Continued 521 The Consultant shall submit regular invoices for Consulting Services performed during that period under the terms of this Agreement County shall make payment within thirty 30 days of receipt of an accurate invoice ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 61 Cooperation and Coordination 611 The County has designated James O’Neal , Parks , Greenways and Open Space Coordinator , to act as the County’s representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information 612 In the event the amount of an invoice is disputed , County may withhold payment on the disputed portion of the invoice until the dispute is resolved by the parties , but shall pay the undisputed portion of the invoice ARTICLE 7 INSURANCE 71 General Requirements 711 The Consultant shall purchase and maintain and shall cause each of its sub - consultants to purchase and maintain during the term of this Agreement and for a period of three years after termination of this Agreement , the following insurance policies with the limits set forth herein Workers Compensation ; Commercial General Liability ; Automobile Liability ; and Professional Liability Insurance 712 All Insurance Companies must be authorized to do business in North Carolina The minimum insurance ratings for any company insuring the Consultant shall be AM Best “ A - VII ” or better ; or have reasonable equivalent financial strength to the satisfaction of the County’s Finance Officer Should the ratings of any insurance carrier insuring the Consultant fall below the minimum rating , the County may , at its option , require the Consultant to purchase insurance from a company whose rating meets the minimum standard Proof of rating shall be provided to the County upon request 72 Limits of Coverage 721 Minimum limits of insurance coverage shall be as follows a Workers Compensation - Limits for Coverage A - Statutory State of NC ; Coverage B - Employers Liability limits shall not be less than 1,000,00000 b Commercial General Liability – Bodily injury and property damage liability as will protect the Consultant from claims of bodily injury or property damages which may arise from the operations of this Agreement The amounts of such insurance shall not be less than 1,000,00000 bodily injury and property damage – combined single limit per occurrence and 2,000,00000 aggregate This insurance shall include coverage for products completed operations , personal injury liability and contractual liability c Automobile Liability – Automobile bodily injury and property damage liability insurance when the services to be performed require the use of motor vehicles Auto liability limits shall not be less than 1,000,00000 combined per accident d Professional Liability – errors and omissions with minimum limits of 1,000,00000 per claim 722 All insurance policies with the exception of Workers Compensation and Professional Liability required under this Agreement shall name the County as an additional insured party for the insurance 73 Proof of Coverage 731 Evidence of such insurance shall be furnished to the County , together with evidence that each policy provides that the County shall receive not less than thirty 30 days prior written notice of any cancellation of coverage of any of the policies Upon notice of such cancellation , the Consultant shall procure substitute insurance so as to assure the County that the minimum limits of coverage are maintained continuously throughout the periods specified herein 74 Indemnity 741 The Consultant agrees to indemnify , defend , and hold harmless the County , its officers , agents , and employees from and against all loss , cost , damages , liability , claims or expense , including attorneys fees , for bodily injury including death or property damage to any person or persons to the extent caused by the negligence of the Consultant or any person or entity for whose acts or omissions the Consultant is legally liable It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law This indemnity shall survive the termination of this Agreement ARTICLE 8 AMENDMENTS TO THE AGREEMENT 81 Changes to the Consulting Services Agreement 811 This Agreement may be amended only by mutual written agreement of the County and the Consultant ARTICLE 9 TERMINATION AND SUSPENSION 91 Termination for Convenience 911 Either the County or the Consultant may terminate this Agreement , or any Scope of Service hereunder , at any time with or without cause upon giving the other party twenty - one 21 calendar days priorPage7409 October 4 , 2021 – 10 00 am Continued written notice A termination of the Agreement shall constitute a termination of any Scopes of Service which is current at the time of such termination 92 Compensation After Termination 921 In the event of termination , the County shall pay Consultant for all Consulting Services performed through the effective date of termination 922 Should this Agreement be terminated by either party , the Consultant shall deliver to the County within seven 7 days , at no additional cost , all Deliverables as they exist on the effective date of termination , including any electronic data or files relating to the Project 93 Waiver 931 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement by the Consultant ARTICLE 10 ADDITIONAL PROVISIONS 101 Confidentiality 1011 The Consultant and its sub - consultants shall use their best efforts not to disclose or permit the disclosure of any confidential information relating to the Project , except to its agents , employees and other consultants who need such confidential information in order to properly perform their duties relative to this Agreement 1012 Notwithstanding any other provision of this Agreement , this Agreement and all materials submitted to the County by the Consultant are subject to the public records laws of the State of North Carolina 102 Relationship of Parties 1021 Consultant is an independent contractor of the County Neither Consultant nor any employee of the Consultant shall be deemed an officer , employee or agent of the County Consultant’s personnel shall not be employees or , or have any contractual relationship with County 103 Limitation and Assignment 1031 The County and the Consultant each bind themselves , their successors , assigns and legal representatives to the terms of this Agreement Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other 104 Governing Law 1041 This Agreement and the duties , responsibilities , obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina 105 Dispute Resolution 1051 Any and all suits or actions to enforce , interpret or seek damages with respect to any provision of , or the performance or non - performance of , this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Johnston County , North Carolina , and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions The Parties may agree to mediation of any dispute prior to the bringing of such suit or action 106 Extent of Agreement 1061 This Agreement , together with the Attachments attached hereto , represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations , representations or agreements , either written or oral This Agreement may be amended only by written instrument signed by both the County and the Consultant 107 Severability 1071 If any provision of this Agreement is held as a matter of law to be unenforceable , the remainder of this Agreement shall be enforceable without such provision 108 Ownership of Deliverables 1081 All Deliverables , together with all supporting materials , source documentation , data collected , field notes , and working drafts , developed in the performance of this Agreement shall become the property of the County , provided , however , that a Consultant retains all intellectual property rights , including the copyright , in and to its pre - existing standard details , designs , and specifications , but grants a license to the County to use the same in connection with a project ; and b Consultant shall have the right to retain a reference copy of all such materials for its own use The use of the Deliverables by the County for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County This provision shall survive the termination of this Agreement 109 Non - Appropriation 1091 Consultant acknowledges that County is a governmental entity , and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate In the event that public funds are unavailable and not appropriated for the performance of the County’s obligations under this Agreement , then this Agreement shall automatically expire without penalty to County immediately upon written notice to Consultant of the unavailability and non - appropriation of public funds In the event of a change in the County’s statutory authority , mandate and or mandated functions , by state and or federal legislative or regulatory action , which adversely affects County’s authority to continue its obligations under this Agreement , then this Agreement shall automatically terminatePage8410 October 4 , 2021 – 10 00 am Continued without penalty to County upon written notice to Consultant of such limitation or change in County’s legal authority 1010 E - Verify 10101 Consultant shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes Further , if Consultant utilizes a sub - contractor , Consultant shall require the sub - contractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes 1010 Notices 10101 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail , return receipt requested to the following County of Johnston McGill Associates Attn James O’Neal Attn Bill Roark , PE , CPSWQ PO Box 1049 723 - B South Third Street Smithfield , NC 27577 Smithfield , NC 27577 1011 Iran Divestment and Divestment from Companies Boycotting Israel 10111 By signing this agreement Consultant 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 Consultant 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 1012 Term of Agreement The term of this Agreement is two years from the date of this Agreement In the event any Scope of Service executed pursuant to this Agreement has not been completed at the end of the term of this Agreement , this Agreement shall continue to govern such Scope of Service 1013 No Waiver of Governmental Immunity County and Consultant agree that nothing in this Agreement shall be construed to mandate purchase of insurance by County pursuant to NCGS § 153A - 435 ; or to in any other way waive County’s defense of sovereign or governmental immunity from any cause of action alleged or brought against County for any reason if otherwise available as a matter of law IN WITNESS WHEREOF , the parties , by and through their authorized agents , have hereunder set their hands and seal , all as of the day and year first above written EXHIBIT A Scope of Engineering Services The scope of work includes ? Topographic Survey of approximately 2 acers of land for ? Temporary parking lot ? Associated stormwater management features ? Adjacent roadway as required for driveway and water service line ? Right - of - way location sufficient for driveway permitting and water line encroachment ? Provide a sketch plan of parking and play field to aid in determining the preferred location of the parking lot ? Parking Lot Schematic Design 60 Design Drawings and Specifications ? Parking Lot Design Development 90 Design Drawings and Specifications ? Parking Lot Final Design Drawings and Specifications ? Permit Submittals ? NCDEQ - Erosion Control ? NCDOT - Driveway Permit and Water Line Encroachment ? Johnston County – Site Plan and Stormwater Permits ? Review Meetings at milestone points ? Bidding and Award Assistance At this time , it is not anticipated that a Traffic Impact Analysis will be required Should one become necessary , a fee will be provided at that time Fees Max Not to Exceed Survey 5,700 Design 24,400 Permitting 4,500 Bidding and Award Assistance 2,100 Total 36,700 Understanding and Assumptions 1 This project will be in the first phase of developing a new park facility on what is known as the Booker Tract The current work will include developing a temporary parking lot approximately 150 spaces to serve approximately 240,000 SF of universal playfield to include a driveway connection to the adjacent NCDOT roadway Matthews Road or Polenta Road ; code compliant landscaping for parking lot ; stormwater control measures for the parkingPage9411 October 4 , 2021 – 10 00 am Continued lot ; and a water connection for playfield irrigation The playfield and irrigation will be by others and is not part of this scope 2 Prepare and submit Erosion Control , Driveway Permit , and Water Encroachment permit applications on behalf of the County The County shall be responsible for paying all associated fees either directly or as a reimbursable item 3 Services for tasks other than those specifically detailed above are not included in the above fee 4 Alternate designs , after schematic approval , shall be billed as additional services 5 Costs for sub - consultants for underground private utility location , if required to establish positions of critical existing underground utilities , and geotechnical investigation for design or structural engineering are considered to be additional services Mr O’Neal took a moment to update the Board on upcoming activities from Cycle North Carolina as well as the East Coast Greenway 12 Solid Waste Services – Solid Waste Disposal Convenience Sites Study Update Solid Waste Services Director Rick Proctor introduced Mr Vance Moore , consultant for the solid waste disposal convenience sites study to provide an update to the Board Mr Moore addressed the Board and stated the questions typically asked during this type of study include “ what , where , when , how , and why ” He stated the “ why ” in this instance pertains to the Board’s elimination of the decal program Mr Moore stated the services are for the users of the facilities and the convenience center sites while the “ what ” is the actual services , materials , and hours Mr Moore stated the “ where ” relates to the current sites or additional sites and the “ when ” relates to when the changes will be effective He stated finally , the “ how ” relates to how the costs for services will be paid under a new system Mr Moore stated feedback is needed for the study to be effective He stated they have gathered information from Mr Proctor and his staff but the Board’s input is also needed Chairman Chad M Stewart suggested Mr Moore meet individually with some of the Commissioners to get feedback Commissioner Tony Braswell also noted there is a working group of the Commissioners that could also meet with Mr Moore 13 Public Utilities – Four Oaks Wastewater Pump Station & Force Main Evaluation Utilities Director Chandra Farmer explained that the County provides bulk wastewater transmission and treatment services for the Town of Four Oaks She reported the County receives the majority of the flow at the County’s Four Oaks Equalization and Wastewater Pump Station located at 400 Fawnbrook Drive Ms Farmer stated under normal operation , the existing facility pumps flow through an 8 ” force main to the Town of Benson WWTF However , existing piping at the site allows for flow diversion to the County’s existing WWTF , in the event of an emergency Ms Farmer stated in order to accommodate additional future flow from the Town of Four Oaks , system improvements are necessary for the station to pump simultaneously in both directions She stated staff recommends consulting with a professional engineering firm to evaluate the maximum flow capacity that can be conveyed through the existing force mains in both directions and evaluate infrastructure improvements to achieve maximum capacity at the WWPS Ms Farmer presented the following proposed project budget for the evaluation and preliminary design Technical Design Services 80,00000 Total 80,00000 Ms Farmer requested the Board to appropriate funding for the project from the Fund 68 Sewer Balance , approve the proposed project budget , and adopt the associated budget revision Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Butch Lawter and carried unanimously , the Board approved the proposed project budget as presented by staff for the Four Oaks Wastewater Pump Station & Force Main Evaluation and adopted the following budget revision REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 83 85680406 Technical Services 80,00000Page0412 October 4 , 2021 – 10 00 am Continued TOTAL NET EXPENDITURES 80,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATIO