December 6, 2021 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 502 Meeting of the Johnston County Board of Commissioners December 6 , 2021 10 00 am The Johnston County Board of Commissioners met in regular session Monday , December 6 , 2021 , at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Commissioners Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , Fred J Smith , Jr , and Richard D Braswell 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 , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk Dana Cuddington Vice Chairman Larry Wood called the meeting to order at 10 00 am Commissioner Patrick E Harris opened the meeting with a prayer Marine Corps League Detachment 1236 of Johnston County led everyone in the Pledge of Allegiance to the American Flag and asked everyone to remember the anniversary of Pearl Harbor tomorrow Vice Chairman Wood took a moment to welcome new Commissioner Richard D Braswell to the Board Commissioner Richard D Braswell thanked Vice Chairman Wood and spoke on some of the things he hopes to accomplish while serving , in particular water and wastewater infrastructure and capacities He asked if he could obtain more information from staff in advance to have a better understanding of the water and sewer issues Vice Chairman Wood commented that the staff is outstanding and could provide assistance with any information needed 1 Organization of the Board Vice Chairman Larry Wood called on County Manager Rick Hester to conduct the nominations for Chairman of the Board Chairman of the Board County Manager Rick Hester called for nominations for Chairman of the Board Commissioner Patrick E Harris nominated Commissioner RS “ Butch ” Lawter , Jr seconded by Commissioner Larry Wood , to serve as Chairman There being no further nominations , the County Manager closed the nominations , and Commissioner Lawter was elected by acclamation to serve as Chairman for a one - year term Chairman Lawter thanked the citizens and the Board for trusting him to serve as a Commissioner and Chairman He stated the job comes with great responsibility , and there are decisions and plans that the Board has for the future of Johnston County Chairman Lawter thanked his wife , Kimberly , and Pastor for attending the meeting today Chairman Lawter stated he looks forward to serving as Chairman Vice Chairman of the Board Commissioner Ted G Godwin stated that 2022 is an even numbered year and Johnston County will likely be facing another bond issue that will require the Board to go before the Local Government Commission LGC Commissioner Godwin stated one thing the LGC looks at is the makeup , leadership and experience of the Board members and he nominated Commissioner Tony Braswell to serve as Vice Chairman Commissioner Larry Wood noted that the bonds , interest rates , and credit rating sometimes hinge on circumstances out of the Board’s control and he nominated Commissioner Patrick E Harris for Vice Chairman There being no further nominations , the Chairman closed the nominations and called for a vote Page503 December 6 , 2021 – 10 00 am Continued Commissioner Patrick E Harris was elected as Vice Chairman of the Board for a one - year term with Chairman Butch Lawter , and Commissioners Patrick E Harris , Larry Wood , Fred J Smith , Jr , and Richard D Braswell voting for Commissioner Harris Commissioner Tony Braswell congratulated Commissioner Harris and asked the public not to read anything into the election of Vice Chairman He thanked Commissioner Godwin for the nomination and offered his assistance to Commissioner Harris in the future Commissioner Harris stated he appreciates the vote of confidence by the Board to serve as Vice Chairman and he is humbled by the opportunity and will do the best to carry out the duties of Vice Chairman 2 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the agenda as presented 3 Consent Agenda Items Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – November 1 , 2021 - 10 00 am and 6 00 pm 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 Denning Farms Lane and Marshfield Drive – Denning Farms – Banner Township C Adoption of Regular Board Meetings for 2022 , as follows JOHNSTON COUNTY BOARD OF COMMISSIONERS 2022 REGULAR BOARD MEETINGS Meeting Place - Johnston County Courthouse Commissioners Meeting Room 207 E Johnston Street , Smithfield , North Carolina January Monday , January 3 , 2022 – 10 00 am & 6 00 pm Tuesday , January 18 , 2022 – 6 00 pm February Monday , February 7 , 2022 – 10 00 am & 6 00 pm Monday , February 21 , 2022 – 6 00 pm March Monday , March 7 , 2022 – 10 00 am & 6 00 pm Monday , March 21 , 2022 – 6 00 pm April Monday , April 4 , 2022 – 10 00 am & 6 00 pm Monday , April 18 , 2022 – 6 00 pm May Monday , May 2 , 2022 – 10 00 am & 6 00 pm Monday , May 16 , 2022 – 6 00 pm June Monday , June 6 , 2022 – 10 00 am & 6 00 pm Monday , June 20 , 2022 – 6 00 pm July Monday , July 18 , 2022 – 10 00 am & 6 00 pm Page504 December 6 , 2021 – 10 00 am Continued August Monday , August 1 , 2022 – 10 00 am & 6 00 pm Monday , August 15 , 2022 – 6 00 pm September Tuesday , September 6 , 2022 – 10 00 am & 6 00 pm Monday , September 19 , 2022 – 6 00 pm October Monday , October 3 , 2022 – 10 00 am & 6 00 pm Monday , October 17 , 2022 – 6 00 pm November Monday , November 7 , 2022 – 10 00 am & 6 00 pm Monday , November 21 , 2022 – 6 00 pm December Monday , December 5 , 2022 – 10 00 am & 6 00 pm D Approval of Public Officials Bonds for the County , as follows Amount of Policy Position Official Name Bond Number Effective Dates 11 20 2018 - Tax Administrator Jocelyn Andrews 50,00000 107011815 Indefinite Social Services Director Scott Sabatino 55,00000 106950126 7 2 21 - 7 2 22 Sheriff Steve Bizzell 60,00000 3548642 12 07 18 - 12 07 22 Register of Deeds Craig Olive 60,00000 LSF220061 12 02 21 - 12 02 22 Blanket Bond All employees 50,00000 105806221 7 01 21 - 7 01 22 County Manager Rick J Hester 500,00000 105806221 7 01 21 - 7 01 22 Clerk to the Board Paula Woodard 500,00000 105806221 7 01 21 - 7 01 22 Finance Officer J Chad McLamb 500,00000 105806221 7 01 21 - 7 01 22 Asst Finance Officer Tyson Radford 500,00000 105806221 7 01 21 - 7 01 22 Economic Dev Director Chris Johnson 100,00000 105806221 7 01 21 - 7 01 22 E Tax Releases & Refunds – 10 15 2021 – 11 15 2021 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 10 29 2021 8 45 38 AM ALassiter 2021 - 19412 2000022619 CATERPILLAR INC 12,99953 10 29 2021 2 08 45 PM ALassiter 2020 - 116758 2000222345 WHITLEY , JIMMY JR 39843 10 29 2021 2 10 39 PM ALassiter 2021 - 116758 2000222345 WHITLEY , JIMMY JR 37761 10 29 2021 2 13 17 PM ALassiter 2021 - 103626 2000082588 WHITLEY , JIMMY RAY JR 30374 11 1 2021 2 59 42 PM cfutch 2019 - 22093 2000175538 CORBITT PARTNERS LLC 37,05767 11 1 2021 3 04 20 PM cfutch 2020 - 22093 2000175538 CORBITT PARTNERS LLC 37,05767 11 1 2021 3 09 01 PM cfutch 2021 - 22093 2000175538 CORBITT PARTNERS LLC 36,78718 11 3 2021 3 13 30 PM dwoodward2 2019 - 63419 2000063368 MCCALVIN , WILLIAM 47100 11 3 2021 3 14 56 PM dwoodward2 2020 - 63419 2000063368 MCCALVIN , WILLIAM 47100 11 3 2021 3 15 49 PM dwoodward2 2021 - 63419 2000063368 MCCALVIN , WILLIAM 45850 11 8 2021 9 18 25 AM ALassiter 2021 - 33371 2000113143 FASTENAL COMPANY NCSMT 62429 11 8 2021 9 20 32 AM ALassiter 2021 - 33370 2000113591 FASTENAL COMPANY NCRA2 50403 11 8 2021 12 48 46 PM ALassiter 2021 - 65744 59898680 MEDLIN & DORMAN INC 41707 11 8 2021 1 00 52 PM ALassiter 2021 - 104158 16708528 WILLIAMS , JOEL L 10288 11 9 2021 9 53 48 AM cfutch 2021 - 11417 2000090999 BIG LOTS STORES INC 28002 11 10 2021 4 46 09 PM dwoodward2 2021 - 204186 2000175779 HENDERSON , KIMBERLY DAUGHTRY 68782 11 10 2021 4 46 59 PM dwoodward2 2021 - 204187 2000175779 HENDERSON , KIMBERLY DAUGHTRY 73475 11 10 2021 4 47 29 PM dwoodward2 2021 - 204188 2000175779 HENDERSON , KIMBERLY DAUGHTRY 69435Page505 December 6 , 2021 – 10 00 am Continued 11 10 2021 4 48 02 PM dwoodward2 2021 - 204190 2000175779 HENDERSON , KIMBERLY DAUGHTRY 60664 11 10 2021 4 49 04 PM dwoodward2 2021 - 204191 2000175779 HENDERSON , KIMBERLY DAUGHTRY 64848 11 10 2021 4 49 48 PM dwoodward2 2021 - 204192 2000175779 HENDERSON , KIMBERLY DAUGHTRY 64848 11 10 2021 4 50 29 PM dwoodward2 2021 - 204193 2000240559 HENDERSON , KIMBERLY DAUGHTRY 64076 11 10 2021 4 51 22 PM dwoodward2 2021 - 204189 2000240559 HENDERSON , KIMBERLY DAUGHTRY 68608 11 12 2021 10 55 58 AM ALassiter 2021 - 203563 2000094777 KEENE , JOHN C 35825 11 15 2021 11 12 23 AM cfutch 2021 - 4548 2000199446 ARGOS USA LLC 43892 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 10 18 2021 2 49 29 PM LOCKBOX 2021 - 35149 2000053739 GALLIMORE , VICKIE SUE 67130 10 21 2021 11 02 14 AM jmorrow 2021 - 108509 2000142728 YOUNGNER , HARRY J 37554 10 21 2021 2 52 03 PM LOCKBOX 2021 - 49342 2000159410 JOHNSON , AUDREY F 77276 10 21 2021 4 34 57 PM SECU 2021 - 3216 2000136906 ANDERSON , KATINA ANNETTE 1,45980 10 21 2021 4 34 57 PM SECU 2021 - 10067 2000208435 BIDWELL , TEDDY D III 52058 10 21 2021 4 34 57 PM SECU 2021 - 26144 2000179937 DAVIS , ERIC 1,81999 10 21 2021 4 34 57 PM SECU 2021 - 14192 2000223850 GIBBS , CAROLINE 30000 10 21 2021 4 34 57 PM SECU 2021 - 44768 2000109780 HOLLEY , REGINALD R 1,34272 10 21 2021 4 34 57 PM SECU 2021 - 44767 2000109780 HOLLEY , REGINALD R 1,21741 10 21 2021 4 34 57 PM SECU 2021 - 110267 2000231012 HUDSON , KERRI LYNN 2,50945 10 21 2021 4 34 57 PM SECU 2021 - 6987 2000227755 PARRISH , HUNTER BROOKE 1,67623 10 21 2021 4 34 57 PM SECU 2021 - 74580 2000101974 PARRISH , TIMOTHY 1,60145 10 21 2021 4 34 57 PM SECU 2021 - 14508 2000234660 STEWART , EDWARD L 95375 10 26 2021 4 01 20 PM LOCKBOX 2021 - 121350 2000234227 GARCIA , WILLIAM 1,39915 10 29 2021 2 30 22 PM Jodee Langdon 2021 - 36657 2000134040 GLOVER , SAMUEL WATSON 45309 11 1 2021 8 03 03 AM PHONE 2021 - 62317 56676341 MASSENGILL , JAMES D 37832 11 1 2021 3 02 13 PM cfutch 2019 - 22093 2000175538 CORBITT PARTNERS LLC 37,05767 11 1 2021 3 05 59 PM cfutch 2020 - 22093 2000175538 CORBITT PARTNERS LLC 37,05767 11 1 2021 3 11 04 PM cfutch 2021 - 22093 2000175538 CORBITT PARTNERS LLC 36,78718 11 1 2021 3 13 54 PM LOCKBOX 2021 - 92887 2000226303 HEAVNER FARMS , LLC 38308 11 1 2021 3 13 54 PM LOCKBOX 2020 - 54780 2000197535 KOMAR , ROBERT 1,74403 11 3 2021 11 48 44 AM jmorrow 2021 - 50418 2000209161 JOHNSON , ANNA MEREDITH 3,94995 11 4 2021 2 49 08 PM LOCKBOX 2021 - 12863 2000005500 BREWER , DONNIE V 12025 11 4 2021 2 49 08 PM LOCKBOX 2021 - 64502 2000179597 MCLAMB , DICKY JAN 12359 11 8 2021 11 58 40 AM Jodee Langdon 2021 - 34624 2000220592 KACKLEY , JOHN B 2,32281 11 8 2021 1 08 36 PM Jodee Langdon 2021 - 68497 2000231545 BRIDGES , DAVID J 2,12163 11 9 2021 9 56 37 AM cfutch 2021 - 11417 2000090999 BIG LOTS STORES INC 28002 11 9 2021 11 57 35 AM ajsoutherland 2021 - 37353 2000153200 GLOBAL WIRELESS TECH LLC 24584 11 9 2021 12 35 22 PM Jodee Langdon 2021 - 41156 2000093258 HART , MELANIE A 50354 11 9 2021 12 39 05 PM Jodee Langdon 2021 - 96800 2000201877 TOO CONSTRUCTION CO INC 11370 11 12 2021 10 21 49 AM PHONE 2021 - 31018 27518240 EATMON , JAMES EVERETTE JR 18891 11 12 2021 12 30 13 PM WFHL 2021 - 110242 2000229282 ACHAIBAR , RONDELL RISHI 2,24119 11 12 2021 12 30 13 PM WFHL 2021 - 5410 2000208318 BAILEY , PATRICIA C 1,24267 11 12 2021 12 30 13 PM WFHL 2021 - 17154 2000042944 CARPENTER , WAYNE E 5,13441 11 12 2021 12 30 13 PM WFHL 2021 - 28535 2000122271 DOWNS , STEPHEN C 91556 11 12 2021 12 30 13 PM WFHL 2021 - 58610 2000220317 LEMAK , LOUIS C 2,63365 11 12 2021 12 30 13 PM WFHL 2021 - 95681 2000212967 NESSELRODE , SANDRA KAY 1,72881 11 12 2021 12 30 13 PM WFHL 2021 - 118258 2000232264 OWENS , JOHN C 2,16547 11 12 2021 12 30 13 PM WFHL 2021 - 73149 66141020 PARKER , BLANCO B 1,90867 11 12 2021 12 30 13 PM WFHL 2021 - 76898 2000196802 PINTER , DONALD J 2,12848 11 12 2021 12 30 13 PM WFHL 2021 - 109890 2000205981 ROBINSON , JOHNNY JR 1,82637 11 12 2021 2 14 47 PM CORE 2021 - 16424 2000214000 ALVAREZ , MICHAEL 2,10307PagePage pageNumber5506 December 6 , 2021 – 10 00 am Continued 11 12 2021 2 14 47 PM CORE 2021 - 117695 2000229266 BOKIS , JASON W 2,20096 11 12 2021 2 14 47 PM CORE 2021 - 11465 11671343 BOONE , BONNIE WILDER 1,20869 11 12 2021 2 14 47 PM CORE 2021 - 17231 2000043062 CAGLE , JOSEPH GRAHAM III 2,91429 11 12 2021 2 14 47 PM CORE 2021 - 55649 2000215274 CHEVALIER , ELTON A 2,53255 11 12 2021 2 14 47 PM CORE 2021 - 22756 2000191973 CONNOR , BRENT O 1,06373 11 12 2021 2 14 47 PM CORE 2021 - 28185 2000152010 DODSON , ANTHONY J 1,89323 11 12 2021 2 14 47 PM CORE 2021 - 114091 2000226087 DURSO , CHRISTOPHER LEE 2,28042 11 12 2021 2 14 47 PM CORE 2021 - 34084 2000175510 FISHER , DEREK A 2,44181 11 12 2021 2 14 47 PM CORE 2021 - 38287 2000190243 GREEN , MARK C 1,33371 11 12 2021 2 14 47 PM CORE 2021 - 4161 2000224415 GRISSOM , JESSE L 2,91514 11 12 2021 2 14 47 PM CORE 2021 - 122420 2000240590 JONES , LISA KAY 1,50955 11 12 2021 2 14 47 PM CORE 2021 - 8853 2000216422 JONES , RICHARD ALLEN III 1,22124 11 12 2021 2 14 47 PM CORE 2021 - 61006 2000227377 MCDONALD , DUSTIN RAY 1,66567 11 12 2021 2 14 47 PM CORE 2021 - 69582 2000235035 RUSSELL , MICHAEL PATRICK 1,17481 11 12 2021 2 14 47 PM CORE 2021 - 80264 2000225201 SENNERT , DANIELLE RENEE 1,91552 11 12 2021 2 14 47 PM CORE 2021 - 116078 2000234889 TIAN , KAI 1,94364 11 12 2021 2 14 47 PM CORE 2021 - 96486 2000116579 TINGLER , TODD EVANS 2,23597 11 12 2021 3 27 31 PM LOCKBOX 2021 - 1622 2000158710 ALIOTO , JULIANA R 2,02604 11 12 2021 3 27 31 PM LOCKBOX 2021 - 44395 2000199087 HOLCOMB , LEE 2,53457 11 12 2021 3 27 31 PM LOCKBOX 2021 - 117787 2000232519 MARTELL , JACK THOMAS 2,04968 11 12 2021 3 27 31 PM LOCKBOX 2021 - 67763 2000181591 MOORE , KIMBERLY 1,01907 11 12 2021 3 40 15 PM Jodee Langdon 2021 - 28149 2000177102 DOCKERY , DAMON F 34609 11 12 2021 3 47 20 PM LRTA 2021 - 65882 2000224180 BAMV , INC 1,57318 11 12 2021 3 47 20 PM LRTA 2021 - 34762 2000217619 LAURENCE , ROBERT 50600 11 12 2021 3 47 20 PM LRTA 2021 - 115801 2000232790 NIXON , LORENZO EDWARD 1,80567 11 15 2021 9 14 50 AM ONLINE 2021 - 44969 2000102076 HOLMAN , ROGER LEE 2,31247 11 15 2021 9 14 50 AM ONLINE 2021 - 44970 2000102076 HOLMAN , ROGER LEE 53217 11 15 2021 11 14 47 AM cfutch 2021 - 4548 2000199446 ARGOS USA LLC 43892 North Carolina Vehicle Tax System - Pending Refund Report – October 2021 100 + Payee Name Bill # Transaction Refund Total Change # Reason BROWN , 0063236466 154340708 Adjustment 47085 KELVIN SCOTT 35475 82560 OCONNOR , 0058035178 231088389 Adjustment 10614 RACHEL 6107 PATRICIA 872 17593 PHELAN 0062856472 154058944 Military 37960 GABRIEL , 4160 TOBIAS JAMES 42120 TANT , DONNA 0061146736 154341866 Adjustment 14896 MCLEAN 1421 16317 4 COVID - 19 & Emergency Rental Assistance Program Updates COVID - 19 Health Director Dr Marilyn Pearson shared a handout with the Board highlighting the COVID cases as of the end of last week She stated COVID cases have increased to 33,681 in the past 30 days ; however ,PagePage pageNumber6507 December 6 , 2021 – 10 00 am Continued hospitalizations have decreased to 21 Dr Pearson stated there have been 355 total deaths in Johnston County , reinfections have increased to 262 078 , and breakthrough infections are 1,351 4 Dr Pearson stated the seven - day positivity rate is 68 and the vaccination rate is currently 56 of the total population Dr Pearson stated the Health Department is now mainly seeing people for vaccinations that are seeking their booster vaccines Dr Pearson continued that the hospital is full , but there are not as many COVID patients as before She stated the Health Department is currently working with three clusters , but there are no current outbreaks Dr Pearson stated testing continues and vaccines are still offered at the Health Department as well as through the local partners She reported on the monoclonal antibody treatments , stating 549 people were provided with the treatment over an eleven - week period Dr Pearson spoke on the vaccination efforts of the Health Department and encouraged everyone eligible to get vaccinated She also spoke on the new Omicron variant of the virus and stated currently there are no known cases in North Carolina She cautioned that while there are no known cases , the variant could very well be in North Carolina and she encouraged vaccines as well as frequent handwashing and social distancing Upon questions by Commissioners , Dr Pearson discussed the upcoming flu season and stated while she has not seen many cases of the flu so far , because restrictions have been eased , she anticipates more exposure to the flu virus this year Dr Pearson stated it is expected that the COVID - 19 virus will continue to mutate similar to the flu each year Dr Pearson stated from a total of approximately 1,200 monoclonal antibody treatments given at the hospital , less than five of those individuals had to be hospitalized She stated the treatment must be administered within ten days of a positive test and the individual must be 12 years of age or older Dr Pearson noted that people with pre - existing conditions are put in a higher risk category for eligibility Commissioner Patrick E Harris commended Dr Pearson and her staff for all their work throughout the pandemic ERA Program Finance Director and Deputy County Manager Chad McLamb provided an update to the Board on the Emergency Rental Assistance ERA Program Funds Mr McLamb reported to date , approximately 42 million in assistance has been provided to the citizens in need He stated in November alone , there were 13 payout days with over 13 million going out Mr McLamb stated an average of 100,000 a day is going out to the citizens in need and there are currently 616 cases new or in review Mr McLamb stated the County’s consultant , Yardi , currently has seven staff members devoted to Johnston County and they have requested an additional nine in order to process the claims as quickly as possible Mr McLamb stated unless there were objections , beginning at the end of December , Yardi will increase staff to 16 to review Johnston County’s cases Mr McLamb reported the staffing level is something that will be monitored and can be changed as needed in accordance with the caseload He stated the County is allowed to cover the staffing cost through a certain percentage of the federal funding , and any amount above the allowed percentage would come from the County’s General Fund Mr McLamb stated there is a significant need for this assistance and the goal is to get the funds out to the people as quickly as possible Commissioner Tony Braswell asked about the accountability aspect of the program and what happens if the landlord does not participate but the tenant does He asked if documentation is required as proof that the rent has been paid by the tenant Mr McLamb responded that the rules require the landlord to be contacted and if the landlord chooses not to participate or respond , then the tenant receives the assistance directly Mr McLamb stated after the tenant receives the money , the County has no recourse if the tenant chooses not to pay their rent He stated the goal of the program is for the tenant not to be evicted and because that is a concern , staff tries to work with the landlord as much as possible 5 Public Comments A Citizen Comments – Ken Taylor Ken Taylor of Clayton , thanked Health Director Dr Marilyn Pearson and the Health Department staff noting he and his spouse visited the Health Department to receive their booster shots and everyone was polite , friendly , and helpful with a minimal wait time Mr Taylor continued his comments by speaking on his concernsPagePage pageNumber7508 December 6 , 2021 – 10 00 am Continued with the proposed ordinance revisions on today’s agenda Mr Taylor in particular expressed concerns with the language involving the numbering of houses and stated he feels there is confusion regarding this requirement Mr Taylor asked the Board to consider whether or not this needs to be a criminal offense and to further get the stakeholders together to review the language for clarity Mr Taylor suggested that rather than it being a criminal offense , that a notice of violation be given allowing time for the resident to make corrections The Board thanked Mr Taylor for his comments 6 JCATS – Update to the Board Community & Senior Services JCATS Executive Director Neal Davis provided the Board with a history of how the Johnston County Area Transit System JCATS came into existence He noted that because many different agencies were having to provide their own transportation , the North Carolina Department of Transportation made a decision to form a coordinated model in North Carolina for all transportation to be administered by one provider to simplify operations Mr Davis stated since that time , JCATS has operated as a paratransit service for Johnston County to primarily serve the agencies that had been providing their own transportation Mr Davis continued that as the County becomes more urbanized , the question then becomes how does the program adapt to the changing environment Mr Davis reviewed the following information with the Board PagePage pageNumber8509 December 6 , 2021 – 10 00 am Continued Mr Davis shared a pie chart of the funding sources for the community transportation system Mr Davis explained that most funding sources use a formula based on demographics and income and JCATS is responsible for the allocations to operate on a regular basis Mr Davis stated Medicaid accounts for roughly 55 of the operations revenue PagePage pageNumber9510 December 6 , 2021 – 10 00 am Continued Mr Davis noted the map indicates the 2010 census numbers since the 2020 census numbers have not been fully resolved yet He stated he is hopeful by next spring the 2020 numbers can help to look at the urbanized numbers and impacts At the inquiry of Chairman Butch Lawter , Mr Davis stated the Capital Area Metropolitan Planning Organization CAMPO is responsible for looking at the entire urbanized service area UZA and they are currently updating their Wake County Human Services plan Mr Davis stated JCATS is a part of the Mobility Coordination Committee that is working towards the update of that plan He noted a study is currently being conducted now to look at all the railway and highway plans that exist and the impacts within the urbanized service area He stated a consulting firm has been hired and funded by CAMPO to look at recommendations going forward Mr Davis stated commuter rail is factored into discussions and how to handle the ground and public service transportation park and ride , fixed route network in Johnston County He stated for now , the unknowns include what the urbanized service boundaries will look like from the 2020 Census , and how to fund a fixed route transportation system Mr Davis stated JCATS is also looking at possible collaborations with GoTriangle and GoRaleigh Page0511 December 6 , 2021 – 10 00 am Continued Commissioner Ted G Godwin commented that the Commissioners receive feedback from the citizens that public transportation is needed in the non - urbanized areas for rides to grocery stores , doctors and other areas Commissioner Godwin recalled that the County had provided some funding in recent years to help citizens with rides that Medicaid and other sources would not cover He asked if any of the other municipalities in the County had contributed their own funds for citizens within their boundaries Mr Davis stated to date , the towns have not participated in the local funding He agreed that there is an increasing number of requests for a public transportation system Mr Davis noted that for any municipalities or other entity that wish to provide funding to assist with local rides , JCATS can track those funds and provide reports to show that the funds are being spent on the targeted ridership Commissioner Patrick E Harris noted in addition to things like the doctor and the grocery store , the Board is getting more requests for public transportation for people to get to their jobs He stated there is a real need to have a conversation about a public transportation system Mr Davis stated public demand will certainly drive the priorities and the growing population of the County is the motivation for these discussions Chairman Lawter agreed and stated in looking at commuter rail , the County must also consider the dilemma of citizens needing to get to places within the County He stated funding will be the challenge but there needs to be a comprehensive system that serves everyone Commissioner Tony Braswell agreed that there is only so much funding available and JCATS is stretched thin as it is He commended Mr Davis and his staff for their hard work Mr Davis thanked the Board for their support Commissioner Godwin asked about the status of the new JCATS building Mr Davis responded that the hope is to break ground in the early part of 2022 7 Parks , Greenways , & Open Space – Master Plan for Booker Tract and Old Cleveland School Site Parks , Greenways , and Open Space Coordinator Adrian O’Neal requested the Board’s approval to advertise a Request for Qualifications RFQ to design companies for the master planning of the Booker Tract corner of Matthews and Polenta Roads and the Old Cleveland School Parcel gym and ballfields Mr O’Neal explained that the proposals would be used to select a design firm to gather public input , plan , and create documents and cost estimates for the development of the sites into County park facilities He stated staff wouldPage1512 December 6 , 2021 – 10 00 am Continued like to begin advertising in January with proposals to be due in March , and if a proposal and firm is recommended , staff will further request the funding to be allocated from the Open Space Fund Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board authorized staff to advertise and receive Requests for Qualifications for the master planning of the Booker Tract and the Old Cleveland School Parcel 8 Public Utilities – Contract Award & Budget Revision – 210 Wastewater Treatment Facility Biosolids Facilities Utilities Director Chandra Farmer reported the County received bids on November 4 , 2021 for construction of the Biosolids Facilities associated with the 210 Wastewater Treatment Facility She stated the third component of the overall project is the effluent line , which will be bid later in 2022 Ms Farmer explained the proposed project is included in the County’s previously approved Water and Sewer Capital Improvements Plan and is required for additional wastewater treatment capacity within the County’s system Ms Farmer recalled that the Board of Commissioners accepted a loan offer in June for the project in the amount of 83,351,54200 Ms Farmer stated the County received three 3 bids , as follows Ms Farmer reported Wharton - Smith , Inc of Charlotte , NC submitted the lowest responsive base bid in the amount of 25,097,000 , 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 Ms Farmer presented the previously approved and proposed project budget , as follows Existing Proposed Construction 210 WWTF 68,754,00000 68,754,00000 Biosolids Facilities 000 25,097,00000 Contingency 3,437,77000 4,692,55000 Tech Services Engineering Survey GeoTech Construct Admin 9,097,94800 9,097,94800 Easements 75,00000 75,00000 Loan Closing 1,667,03000 1,833,73500 Nitrogen Acquisition Phillips Plating 490,00000 490,00000 Total Project Cost 83,521,74800 110,040,23300 Funding for the proposed project is as follows Transfer from Other Sewer Funds proposed from SDF Reserve 2,157,03000 2,323,73500 State Clean Water Loan 11 , 20 years 83,351,54200 91,686,69500 ARPA Funding 000 16,029,80300 Total Project Funds 85,508,57200 110,040,23300 Assumes additional 10 SRF funding available Apply for ARPA funding through State program in Spring 2022 If not selected for ARPA funding through State program , County ARPA funds to be appropriated Ms Farmer stated the budget included all the funding for technical services for the 210 project and the biosolids project She stated the loan for 83 million has been accepted for terms of 11 for 20 years Ms Farmer stated if the Board approves the item , a request will be made to the State to increase the loan amount by 10 She stated the proposed revised budget includes an assumption the County will receive the increased loan amount and includes an appropriation for the ARPA funding Ms Farmer noted the State will have additional ARPA funding in April and the County will apply for those funds ; however , in the meantime , the County will use the existing ARPA funds Ms Farmer stated there will be an additional budget revision once any additional ARPA funding from the State is determined Page2513 December 6 , 2021 – 10 00 am Continued Ms Farmer stated staff recommends award of the Biosolids Facilities for the 210 Wastewater Treatment Facility project to Wharton - Smith , Inc in the amount of 25,097,00000 , approval of the revised project budget , adoption of the Capital Project Ordinance , and adoption of the award resolution , contingent upon funding agency approval At the inquiry of Chairman Butch Lawter , Ms Farmer stated the transmission lines would be built in late spring early summer She stated the design is 90 complete and easement acquisition is ongoing Commissioner Fred J Smith , Jr , moved the Board award the Biosolids Facilities for the 210 Wastewater Treatment Facility project to Wharton - Smith , Inc in the amount of 25,097,00000 ; adopt the award resolution contingent upon funding agency approval ; approve the revised project budget ; and adopt the Capital Project Ordinance Commissioner Tony Braswell seconded the motion , which carried unanimously RESOLUTION OF TENTATIVE AWARD WHEREAS , Johnston County , North Carolina has received bids , pursuant to a duly advertised notice therefore , for construction of the Biosolids Facilities for the 210 Wastewater Treatment Facility ; and WHEREAS , the Department of Public Utilities has reviewed the bids for the Biosolids Facilities for the 210 Wastewater Treatment Facility project ; and WHEREAS , Wharton - Smith , Inc was the lowest bidder for the Biosolids Facilities for the 210 Wastewater Treatment Facility Project , in the total base bid amount of 25,097,00000 ; and WHEREAS , the Director of Utilities recommends TENTATIVE AWARD to the lowest bidder NOW , THEREFORE , BE IT RESOLVED that TENTATIVE AWARD is made to the lowest bidder in the Total Bid Amount of 25,097,00000 Name of Contractor Amount Wharton - Smith , Inc 25,097,00000 BE IT FURTHER RESOLVED that such TENTATIVE AWARD be contingent upon the approval of the North Carolina Department of Environmental Quality th Adopted this the 6 day of December , 2021 CAPITAL PROJECT ORDINANCE FOR THE JOHNSTON COUNTY 210 WASTEWATER TREATMENT FACILILTY 40 MILLION GALLONS PER DAY EXPANSION 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 , as amended Section 1 The project authorized is the Johnston County 210 Wastewater Treatment Facility 40 MGD Expansion Project , including the Biosolids Facilities Improvements and Facility Expansion the “ Project ” The Project is to be financed by a Clean Water State Revolving Fund Loan , an appropriation from the County Sewer Fund “ Fund 68 ” , an appropriation from the County’s Wastewater System Development Fees Capital Reserve Fund , and American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds “ ARPA ” funding through the State of NC’s program If the County is not awarded ARPA funding through the State of NC’s program , County ARPA funds will be appropriated for the Project Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the State Clean Water Revolving Fund Loan offer , the ARPA funding and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 9,097,948 Construction 210 WWTP 68,754,000 Biosolids Facilities 25,097,000 Easements 75,000 Nitrogen Acquisition 490,000 Contingency 4,692,550 Loan Closing 1,833,735 Total 110,040,233 Section 4 The following revenues are anticipated to be available to complete this Project State Clean Water Revolving Fund Loan 91,686,695 Fund 68 Appropriation 1,543,000 Wastewater SDF Reserve Funds 780,735Page3514 December 6 , 2021 – 10 00 am Continued ARPA Funding State of NC 16,029,803 Total 110,040,233 Assumes an additional 8,335,153 in State Clean Water Revolving Fund Loan funding 83,351,542 currently approved The County will apply for ARPA funding through the State of NC’s program in the Spring of 2022 If not awarded ARPA funds through the State’s program , County ARPA funds will be appropriated Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the North Carolina Department of Environmental Quality , and the terms of the State Clean Water Revolving Fund Loan and the ARPA funding shall be met Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Reimbursement requests should be made to the North Carolina Department of Environmental Quality 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 Amended this 6th day of December , 2021 9 Public Utilities – Agreement Approval – NC Hwy 96 Four Oaks Economic Development Project Utilities Director Chandra Farmer stated on September 8 , 2020 , the County and Town of Four Oaks executed the Broad River Retail , LLC Water and Sewer Infrastructure interlocal agreement for water and sewer facilities to serve the NC Hwy 96 Four Oaks Economic Development area Ms Farmer explained that the Town is responsible for the sewer portion of the project and adopted a budget for the sewer project ; and the County is responsible for the water portion and adopted a budget for the water portion Ms Farmer stated project funding includes 30 million in grants CDBG - ED , GoldenLEAF and EDA She stated since the Town and County are dividing the grant funds , the contracts utilizing grant funds must be executed by both the Town and County Ms Farmer reported the Town received six 6 bids for the sewer construction contract on October 1 , 2021 and awarded the project to JF Wilkerson Contracting Company , Inc The construction contract identifies the Town as “ OWNER ” The contract identifies the County as a CO - SIGNER only The County will structure the construction contract for the water project in the same manner , requiring the Town to sign as “ CO - SIGNER ” and County as “ OWNER ” anticipated to bid in the next 60 days Ms Farmer stated staff recommends approval of the agreement between the Town of Four Oaks Owner Co - Signer 1 , JF Wilkerson Contracting Company , Inc Contractor and Johnston County Co - Signer 2 Upon a question by Commissioner Richard D Braswell , Ms Farmer stated this project includes the gravity line and pump station and the Town will own and operate those facilities Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved the agreement between the Town of Four Oaks Owner Co - Signer 1 , JF Wilkerson Contracting Company , Inc Contractor and Johnston County Co - Signer 2 Note The agreement is on file in the Public Utilities Department 10 Public Utilities – Bulk Water Agreement Between City of Raleigh and Johnston County Utilities Director Chandra Farmer stated County staff worked with staff from the City of Raleigh on a proposed agreement allowing Johnston County to purchase water from the City of Raleigh Ms Farmer explained the County has two existing emergency interconnections with the City , and the proposed agreement allows for routine purchase of up to 25 million gallons a day MGD She stated the water will serve as an additional supply source in the Johnston West distribution system for the next ten years Ms Farmer presented the following proposed agreement provisions ? Johnston County can purchase up to 250 MGD 20 MGD at the US 70 interconnect and 05 MGD at the Hollybrook Road interconnect ? The County will have a minimum daily purchase requirement of 01 MGD at US 70 and 02 MGD at Hollybrook in order to maintain water quality at the interconnects ? The County will pay the capacity fees “ Capital Charge – General Facilities ” on a monthly basis currently 27,895 per MGD at the full contract volume 25 MGD for the duration of the contract Page4515 December 6 , 2021 – 10 00 am Continued ? The initial monthly commodity charge will be 152 per CCF 203 1,000 gallons of water purchased ? The agreement term is ten 10 years and allows for three 3 one - year renewals at increased rates Ms Farmer stated the City of Raleigh and Johnston County realizes this is not intended for long - term She noted staff is working on the long - term , but this will assist in between Ms Farmer stated this purchase is included in the County’s Capital Improvements Plan and staff recommends approval and respectfully requests the Board’s consideration of the proposed agreement Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board approved the Bulk Water Agreement between the City of Raleigh and Johnston County , as follows SUPPLEMENTAL WATER SUPPLY AGREEMENT BETWEEN THE CITY OF RALEIGH AND THE COUNTY OF JOHNSTON THIS AGREEMENT , made by and between the CITY OF RALEIGH , hereinafter referred to as the “ City ” and the COUNTY OF JOHNSTON hereinafter referred to as the “ County ” is for a time - limited supply of water from the City to the County , as described hereinafter “ the Agreement ” This Agreement is effective upon the day fully executed by both Parties The City or the County may be referred to hereinafter as a “ Party ” and collectively , the “ Parties ” This Agreement is supplemental to the Interlocal Agreement entered between the County and the City on November 17 , 2008 The earlier Interlocal Agreement is hereinafter referred to as the “ Emergency Agreement ” WITNESSETH WHEREAS , the County is the owner and operator of a public water supply system serving customers in Johnston County ; WHEREAS , the City is the owner and operator of a public water supply system in and around Wake County that services customers in the Raleigh , Garner , Knightdale , Rolesville , Wake Forest , and Zebulon service areas the “ City’s Water System ” ; WHEREAS , the County is expanding its public water supply system and requires additional capacity ; WHEREAS , the City is expanding its public water supply system and has capacity that it will not need in the near term ; WHEREAS , the County is desirous of obtaining public water supply by contract from the City ; WHEREAS , the City and the County previously entered into an Interlocal Agreement for two emergency connections with one on US Highway 70 and one at the intersection of NC Highway 231 and Hollybrook Road , which Interlocal Agreement was made effective November 17 , 2008 for a term of twenty 20 years and it is identified as the Emergency Agreement ; WHEREAS , the Emergency Agreement for the US Highway 70 connection is for 14 million gallons per day MGD , not to exceed 1,300 gallons per minute GPM in the event of an emergency condition ; WHEREAS , the Emergency Agreement for the NC Highway 231 Hollybrook Road intersection is for 750,000 gallons per day GPD , not to exceed 700 GPM in the event of an emergency condition ; WHEREAS , the City is willing to enter into this Agreement to provide up to 20 MGD at the US 70 interconnection and 05 MGD at the NC Highway 231 Hollybrook Road interconnection and this Agreement provides the entire amount of water available to the County as it supplements and includes the amount of water previously available to the County by the Emergency Agreement ; WHEREAS , the County is willing to make all improvements to the existing pumping systems and related lines needed to accept additional flow from the City up to 20 MGD at the US Highway 70 connection and 05 MGD at the NC Highway 231 Hollybrook Road interconnection ; WHEREAS , the City and the County have agreed upon the terms and conditions upon which water service will be provided to the County after the effective date of this Agreement ; WHEREAS , the County has agreed to buy and the City has agreed to sell water to the County for ten 10 years under the terms and conditions of this Agreement , unless the County requests a Renewal for no more than three separate and consecutive one year terms ; NOW , THEREFORE , in consideration of the respective rights , powers , conditions , duties and obligations hereinafter set forth , the Parties mutually agree as follows 1 City will provide water to the County in an amount up a maximum daily flow of 20 MGD and a rate not to exceed 1500 gallons per minute through the existing connection between the two water systems in the 16 inch main located along the right - of - way of US Highway 70 The waterline and connections shall be referred to hereinafter as the “ Hwy 70 Pipeline ” 2 City will provide water to the County in an amount up a maximum daily flow of 05MGD and a rate not to exceed 350 gallons per minute through the existing connection between the two water systems located on Hollybrook Road near the intersection with NC Highway 231 The waterline and connections shall be referred to hereinafter as the “ Hollybrook Pipeline ” 3 Ownership and responsibility for the operation and maintenance of the Hwy 70 Pipeline shall be divided between the City and the County at the meter vault Raleigh shall own and be responsible for the operation and maintenance of the meter , the meter vault , and all distribution system facilities located on the City side of the meter vault The County shall own and be responsible for the operation and maintenance of all distribution system facilities located on the County side of the meter vault The meter and pumping facilities shall be owned and maintained by the City If replacement of a meter is determined to be necessary by the County , no action will be taken until the City is consulted on the requirement for a meter replacement The County will provide replacement of the meter at no cost to the City , as deemed necessary The City and the County shall have access at all times to such meters for the purpose of takingPage5516 December 6 , 2021 – 10 00 am Continued readings therefrom for checking the same for accuracy , performing maintenance , or any other lawful purpose whatsoever The replacement meters now and in the future shall be designed to measure the volume of water in cubic feet In the event that said meters are found inoperable or malfunctioning , so as to render inaccurate readings by the Public Utilities Department of the City for any reason , the consumption shall be estimated Estimated readings will be based on historical consumption computed as the average of the three previous months or the same month in the prior year , whichever is greater The County shall use at least 100,000 gallons per day from the Hwy 70 Pipeline to help maintain the quality of water delivered through the Pipeline 4 The City owns the pumps and meter for the Hollybrook Pipeline The City owns the Hollybrook pipeline that is located in Wake County and that connects to the Hollybrook pumps and meter vault which are located in the County The City licenses the use of the existing pumping station and meter to the County for the purpose of supplying water from the City to the County consistent with the terms of this Agreement The County shall be responsible for all upgrades , modifications , and maintenance to the pumping station and meter necessary for delivery of the contracted water supply without added cost to the City If replacement of a meter is determined to be necessary by the County , no action will be taken until the City is consulted on the requirement for a meter replacement The City and the County shall have access at all times to such meters for the purpose of taking readings therefrom for checking the same for accuracy , performing maintenance , or any other lawful purpose whatsoever The replacement meters now and in the future shall be designed to measure the volume of water in cubic feet In the event that said meters are found inoperable or malfunctioning , so as to render inaccurate readings , by the Public Utilities Department of the City for any reason , the consumption shall be estimated Estimated readings will be based on historical consumption computed as the average of the three previous months or the same month in the prior year , whichever is greater The County shall use at least 200,000 gallons per day from the Hollybrook Pipeline to help maintain the quality of water delivered through the Pipeline 5 The County grants its consent for the City - owned meter , meter vault and 16 ” main , which are part of the Hwy 70 Pipeline , and the City owned meter , pipeline , pumps and meter vault which are part of the Hollybrook Pipeline , to be located in the County pursuant to NC Gen Stat § 153A - 15 6 Maintenance of the Pipelines between the City and the County shall be divided as described in Paragraphs # 3 and 4 of this Agreement The City reserves the right to make emergency repairs on the County portion of the Pipelines in order to conserve water and return the Pipelines to service in a timely manner , if the County fails to do so and to charge the County for its direct cost for such repair The County will be notified in advance of the City proceeding with emergency repairs 7 The County shall purchase water from the City up to the amount stated in Paragraphs 1 and 2 and shall pay all contract water service rates and charges established by the City , which as of the date of this Agreement , includes an Operations and Maintenance Charge for the amount of water used each month and a monthly Capital Charge General Facilities for the amount of water treatment capacity allocated to the County during the term of this Agreement As of the date of this Agreement , the FY22 rates are 152 per CCF of water consumption per month Operation and Maintenance and 27,895 per MGD per month Capital Charges General Facilities These charges are typically reviewed and adjusted annually at the beginning of each fiscal year as part of the water and sanitary sewer enterprise fund budget adoption process These rates and charges may be adjusted , and new rates and charges may be added at the City’s sole discretion , which shall become incorporated into this Agreement upon approval by the Raleigh City Council In the event that the County’s use of the City’s water supply at the Hwy 70 Pipeline exceeds 20 MGD during any monthly billing cycle or the County’s use of the City’s water supply at the Hollybrook Pipeline exceeds 05 MGD during any month billing cycle , the County shall pay 15 times the amount of the rates and charges in effect during such month for the Pipeline where the exceedance occurred 8 The County shall charge each customer connecting to its water system a system development fee , as the same may be amended from time to time by the County , pursuant to North Carolina General Statutes Section 162A , Article 8 9 The City shall bill the County monthly starting on the date the City authorizes water to flow from the City’s water system to the County’s which will be prorated for the first billing cycle If the County fails to pay the City thirty 30 days after receipt of the billing statement , upon complying with Paragraph 15 of this Agreement , the City shall have the right to immediately terminate water service at the Site and may institute an action , legal or otherwise , to enforce payment of amounts due 10 The City and the County acknowledge and agree that both water systems will normally be using chloramines as their residual disinfectant and each party agrees to notify the other in writing , in advance of any temporary or permanent switch to use other disinfection residuals or other significant water treatment process or system wide operation change 11 The City and County agree that the County will not activate the connection on Hollybrook Road until the County completes conversion of that portion of the County’s service area to chlorinated water The anticipated completion date of the service area conversion is the first quarter of 2023 The County shall not be required to accept the minimum daily purchase until the County completes the conversion ; notwithstanding the foregoing , the County shall pay the monthly Capital Charges for the Hollybrook connection beginning July 1 , 2023 12 Upon complying with Paragraph 15 of this Agreement , the City reserves the right to deny water service at either the Highway 70 connection or the Hollybrook connection , or both , for failure to comply with the conditions of this Agreement The City reserves the right to deny water service in the event that water cannot be practicably furnished without negatively impacting the operation of the City’s Water System , as determined in the reasonable opinion of the City’s Designated Representative Such circumstances include but are not limited to periods of water shortage , periods when insufficient water exists to meet the requests of customers of the City’s Water System , damage to infrastructure that impedes water delivery , implementation of any water restrictions by the City , or any other periods when depletion of the City’s water reserves could endanger the City’s ability to provide for the needs of customers of the City’s Water System Page6517 December 6 , 2021 – 10 00 am Continued 13 No later than seven 7 days following any City Council action to implement water conservation measures , the County shall implement water conservation measures at least as restrictive as the City’s for the County’s retail customers supplied with water from the City’s Water System pursuant to this Agreement 14 The term of the Agreement is for ten 10 years following the date of execution by the City the “ Term ” While the Parties do not anticipate extending the Term , the Agreement may be extended for three successive one 1 year terms a “ Renewal Term ” by a written amendment to this Agreement signed by the Parties , executed prior to the expiration of the Term or any Renewal Term as follows a First Renewal Term The County shall pay 15 times the Contract Rates and Charges b Second Renewal Term The County shall pay 20 times the Contract Rates and Charges c Third Renewal Term The County shall pay 30 times the Contract Rates and Charges 15 Any substantial breach of the terms of this Agreement , including billing disputes , equipment problems , or failure to resolve other issues necessary for the continued effective function of the water systems of each Party that are not cured within thirty days of receipt of written notice from the other Party specifying such breach or failure are grounds for termination by either Party The City may immediately terminate the transfer of water to the County when the transfer of the water is in violation of State law , rules , or permits issued to the City or any breach of this Agreement by the County causes the City to be in violation of any permit the City holds 16 The City and the County agree that no future water service will be provided to any property along the Pipelines not within the jurisdiction of the County or the City water service area unless a declared emergency exists , as mutually agreed 17 All matters relating to this Agreement shall be governed by the laws of the State of North Carolina , without regard to its choice of law provisions , and venue for any action relating to this agreement shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina , Western Division 18 The City shall not be liable to the County , to any person , firm , corporation , municipality , or other water consumer for failure to supply a sufficient quantity or quality of water under this Agreement or from failure to comply with any State or Federal standards relating to drinking water ; however , if the County notifies the City that the water quality at the Highway 70 Pipeline or the Hollybrook Pipeline between the back flow prevention and the master meter is not in compliance with State or Federal drinking water standards , the City agrees to undertake reasonable measures to achieve such compliance as soon as is practicable Notwithstanding the references to third Parties in this agreement , the City shall not be liable to those Parties for any obligations within this Agreement and shall not be obligated to enforce any requirements imposed by this Agreement or by any independent agreement with third Parties To the extent not prohibited by law , the County shall indemnify the City and its officials , agents , and employees from and against all claims , judgments , costs , damages , fines , penalties , interest , and expenses including but not limited to attorneys fees imposed against the City that arise from or are in connection with the County’s receipt or nonreceipt of water pursuant to this Agreement 19 It is specifically agreed by both parties hereto , as part of the consideration of the signing of this document , that they , their agents , officials , employees , or servants will not discriminate in any manner on the basis of race , color , creed , sexual orientation , or national origin with reference to the subject matter of this agreement , no matter how remote 20 No Party may transfer or assign its rights under this Agreement without prior written approval from the other Party 21 Notwithstanding any other provisions of this Agreement , this Agreement and all materials submitted to the City by the County are subject to the public records laws of the State of North Carolina and it is the responsibility of the County to properly designate materials that may be protected from disclosure under North Carolina law as such and in the form required by law prior to the submission of such materials to the City The County understands and agrees that the City may take any and all actions necessary to comply with federal , state , and local laws and or judicial orders and such actions will not constitute a breach of the terms of this Agreement To the extent that any other provisions of this Agreement conflict with this paragraph , the provisions of this section shall control 22 The County in its activities related to this Agreement shall comply with E - Verify , the federal E - Verify program operated by the United States Department of Homeland Security and other federal agencies , or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with NCGS § 64 - 25 et seq In addition , to the best of the Town’s knowledge , any subcontractor employed by the Town as a part of this Agreement shall be in compliance with the requirements of E - Verify and NCGS § 64 - 25 et seq 23 The County certifies that it has not been designated by the North Carolina State Treasurer as an entity engaged in the boycott of Israel pursuant to NCGS § 147 - 8681 24 This Agreement may be amended by the parties by Resolution approving the amendment adopted by each of their respective boards governing bodies Amendments shall be made in writing and shall be deemed incorporated into this Agreement and executed with the formalities required by law as an amendment hereto 25 If any provision of this Agreement is held to be illegal , invalid or unenforceable under any present or future laws , such provision shall be severable and the remainder of this Agreement shall continue in full force an effect 26 The failure of either party to enforce at any time any of the provisions of this Agreement , or to require performance of any of the provisions hereof , shall not be construed as a waiver of such provisions , nor affect the validity of this Agreement or any party hereof , or affect the right of such party thereafter to enforce each and every such provision 27 This Agreement , the Emergency Agreement , and the Interlocal Agreement for Joint Water Supply Planning Between Johnston County and the City of Raleigh made effective on October 6 , 2014 , as amended , contain the entire agreement and understanding of the Parties hereto with respect to the subject matter contained herein and all other prior agreements or understandings of the Parties regarding water supply hereto are hereby revoked There are no agreements , restrictions , promises , warranties , covenants or other undertakings other than those expressly set forthPage7518 December 6 , 2021 – 10 00 am Continued herein In the event of a conflict between any provision of this Agreement and a provision of the Emergency Agreement or the Interlocal Agreement , the provision of this Agreement shall control IN WITNESS WHEREOF , the parties hereto have executed this Agreement by digital signature , under seal , on the respective dates below , and this Agreement shall be effective upon the date of the City’s signature 11 Ordinance Update Pursuant to Session Law 2021 - 138 County Attorney Jennifer Slusser recalled that she introduced and presented proposed revisions to the Johnston County Code of Ordinances regarding Session Law 2021 - 138 as it pertains to the decriminalization of certain local government ordinances at the November 15 , 2021 meeting Ms Slusser stated the proposed revisions basically maintain the status quo and this was not a complete review or rewrite of the Code of Ordinances Ms Slusser stated with regards to the concerns received related to the placement of house numbers , she did meet with stakeholders that are involved in enforcing these ordinances , including 911 Director Brett Renfrow , Emergency Services Director Kevin Hubbard , and Sheriff Steve Bizzell Ms Slusser explained that the basis for keeping the criminal remedy language in the Addresses division of the Ordinance is because of the continued development in Johnston County She stated the intent is to make sure emergency services can respond in a timely manner to the correct house when an emergency arises Commissioner Ted G Godwin questioned if he understands the language to mean that if he does not place numbers on his house that he will be criminally responsible Ms Slusser stated that could occur and how the ordinance is written ; however , as Sheriff Bizzell has publically stated , he practices a common sense approach to law enforcement and there is a process one would need to go through to get compliance before someone is criminally charged She stated the County rarely resorts to criminal remedies in ordinance enforcement , but it is a good option to have if needed Commissioner Fred J Smith , Jr noted that one cannot always assume there will be common sense applied and it is a serious thing to charge someone with a criminal offense just because they do not have their address posted on their porch Commissioner Smith suggested a civil fine would be more appropriate Commissioner Richard D Braswell stated the problem with this part of the ordinance is not so much with new construction since part of the certificate of occupancy is the requirement to have the address displayed on the structure He stated the problem would be with existing older homes that have fallen through the cracks or have been there for years Commissioner Tony Braswell stated one issue he sees is when there is a situation of multiple mailboxes at the road , it is difficult to correspond the correct number with the correct home He stated he could see where this could lead to confusion for emergency services Ms Slusser stated if the Board chooses not to have this enforced as a criminal penalty , there are other options for enforcement available Ms Slusser stated if the Board desires to remove the criminal penalty language for this section of the ordinance , the Board can reflect that in the motion Upon a question by Commissioner Larry Wood , Ms Slusser stated in checking with staff , they cannot recall an instance where criminal penalties were used against someone because house numbers were not on the home Motion Commissioner Fred J Smith , Jr motioned , seconded by Commissioner Ted G Godwin , to approve the revisions with the exception of the section regarding the placement of numbers on homes and for staff to further review the language and come back with recommendations for alternate penalties Discussion Commissioner Patrick E Harris stated he will vote for the motion ; however , this is an important safety issue and by not having numbers on residences , it endangers the family inside Commissioner Harris continued that many years ago when there were only a few hundred calls a year , everyone knew where everyone lived ; however , with the growth the County has had , he feels the issue is very important and needs to be reviewed Page8519 December 6 , 2021 – 10 00 am Continued Commissioner Smith stated that he thinks everyone can agree that this is an important issue for fire and EMS to be able to identify addresses ; however , he fee