September 4, 2018 - 10:00 am - County Board of Commissioners Meeting Minutes

10 445 Meeting of the Johnston County Board of Commissioners September 4 , 2018 10 00 am The Johnston County Board of Commissioners met in regular session Tuesday , September 4 , 2018 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Larry Wood , and Lee Jackson Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 10 00 am Commissioner Cookie Pope opened the meeting with a prayer VFW Post 5886 Smithfield led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the agenda with the deletion of Item No 5 – Alliance Behavioral Healthcare Letter of Support for Grant Funding and Item No 6 – Boys & Girls Club Grant Opportunity 2 Consent Agenda Items Commissioner Ted G Godwin requested the removal of the consent agenda item related to the Town of Selma Planning Board appointment representing their ETJ area , stating he would like to discuss the item in more detail with the Town Commissioner Cookie Pope asked to let the record show that even though the proclamations and resolutions are on the Consent Agenda , this does not take away from their value and they should be considered in the utmost of importance Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – August 6 , 2018 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 Meherrin Court – Powhatan Village – Clayton Township Ewing Drive – Buena Vista Estates – Phase 1 – Micro Township Hillgrove Drive , Elmhurst Drive , and Dalry Lane – Fieldstone Manor – Pleasant Grove Township Demilt Drive – Pine Ridge – Wilders Township C Proclamation for National Recovery Month adopted as follows PROCLAMATION National Recovery Month September 2018 WHEREAS , behavioral health is an essential part of health and one’s overall wellness ; andPage446 September 4 , 2018 – 10 00 am Continued WHEREAS , prevention of mental and or substance use disorders works , treatment is effective , and people recover in our area and around the nation ; and WHEREAS , preventing and overcoming mental and or substance use disorders is essential to achieving healthy lifestyles , both physically and emotionally ; and WHEREAS , we must encourage relatives and friends of people with mental and or substance use disorders to implement preventive measures , recognize the signs of a problem , and guide those in need to appropriate treatment and recovery support services ; and WHEREAS , an estimated 36,000 people in Johnston County are affected by these conditions ; and WHEREAS , to help more people achieve and sustain long - term recovery , the US Department of Health and Human Services HHS , the Substance Abuse and Mental Health Services Administration SAMHSA , the White House Office of National Drug Control Policy ONDCP , and Johnston County Substance Use Collaborative invite all residents of Johnston County to participate in National Recovery Month NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim September 2018 as National Recovery Month in Johnston County and calls upon the citizens of Johnston County to observe this month with appropriate programs , activities , and ceremonies to support this year’s Recovery Month th Adopted this 4 day of September , 2018 D Proclamation – 2018 Fall Litter Sweep – September 15 - 29 , 2018 adopted as follows PROCLAMATION FALL LITTER SWEEP 2018 WHEREAS , the North Carolina Department of Transportation organizes an annual fall statewide roadside cleanup to ensure clean and beautiful roads in North Carolina ; and WHEREAS , the FALL LITTER SWEEP roadside cleanup encourages local governments and communities , civic and professional groups , businesses , churches , schools , families and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups ; and WHEREAS , Adopt - A - Highway volunteers , Department of Transportation employees , Department of Public Safety – Division of Adult Correction inmates , community service workers , local government agencies , community leaders , civic and community organizations , businesses , churches , schools , and environmentally concerned citizens conduct annual local cleanups during FALL LITTER SWEEP and may receive certificates of appreciation for their participation ; and WHEREAS , the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians , attracting tourists and aiding in recruiting new industries ; and WHEREAS , the cleanup will increase awareness of the need for cleaner roadsides , emphasize the importance of not littering , and encourage recycling of solid wastes ; and th WHEREAS , the 2018 FALL LITTER SWEEP will celebrate the 30 Anniversary of the North Carolina Adopt - A - Highway program and its many volunteer groups that donate their labor and time year round to keep our roadsides clean ; and WHEREAS , the FALL LITTER SWEEP cleanup will be a part of educating the children of this great State regarding the importance of a clean environment to the quality of life in Johnston County and North Carolina ; and NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim September 15 through September 29 , 2018 as FALL LITTER SWEEP time in Johnston County , and encourages all citizens to take an active role in making their communities cleaner th Adopted this the 4 day of September , 2018 E Proclamation – Child Passenger Safety Week and National Seat Check Saturday adopted as follows CHILD PASSENGER SAFETY WEEK 2018 PROCLAMATION WHEREAS , Children are our country’s most precious resource As parents and caregivers it is our responsibility to keep America’s children safe Every year , thousands of children are tragically injured or killed in motor vehicle traffic crashes For children age 3 and older , it is the leading cause of death It is hard to overstate the toll this takes on families Together we can put an end to this WHEREAS , Today , all 50 States , the District of Columbia , and our Territories have laws requiring the use of child safety seats and seat belts for children traveling in motor vehicles These laws were enacted because of the tremendous safety benefits they provide We know that child safety seats help save lives and reduce injuries We also know that they are most effective when installed and used correctly Sadly , nearly 3 out of 4 child safety seats are not used properly Starting now , working together , we must join forces to prevent these deaths and injuries WHEREAS , Johnston County is committed to working closely with our partners and safety advocates to help reduce the number of young lives lost on our roadways Our goal is to educate parents and caregivers on how to properly install and use child safety seats During Child Passenger Safety Week , there will be hundreds of free child safety seat inspection stations set up across the country Page447 September 4 , 2018 – 10 00 am Continued We encourage all parents and caregivers to take advantage of this service and ensure that their children are getting the very best protection To locate an inspection station in your area , please go to wwwnhtsagov NOW THEREFORE , We , the Johnston County Board of Commissioners , do hereby proclaim September 23 through September 29 , 2018 , as Child Passenger Safety Week and September 29 , 2018 , as National Seat Check Saturday We urge everyone to help reduce injuries and the tragic loss of life by buckling up themselves and every child on every trip , every time th Adopted this the 4 day of September , 2018 F Resolution – Firefighters Week in Johnston County – September 9 – 15 , 2018 adopted as follows RESOLUTION PROCLAIMING FIREFIGHTERS WEEK IN JOHNSTON COUNTY Whereas , fighting fires is one of the most hazardous professions requiring physical strength , stamina , extensive training , courage , and selfless concern for the welfare of others ; and Whereas , firefighters provide valuable services to the citizens of Johnston County , their communities , and the County ; and Whereas , firefighters make sacrifices to protect the lives and financial interests of the citizens of Johnston County ; and Whereas , firefighters respond to emergencies without hesitation when the call of duty arises ; and Whereas , firefighters work with public safety officials and law enforcement officers to protect the integrity of crime scenes , which is necessary to resolve arson cases ; and Whereas , firefighters reside in the community in which they serve and have a great appreciation for protecting their communities ; and Whereas , it is appropriate to recognize the duties and services that firefighters perform by observing Firefighters Week in Johnston County Now Therefore Be It Resolved by the Johnston County Board of Commissioners that all firefighters deserve to be honored for the invaluable service they provide to the County , its citizens , and communities The Board of Commissioners encourages the citizens of Johnston County to observe the week of September 9 - 15 , 2018 as Firefighters Week in Johnston County th Adopted this the 4 day of September 2018 G Animal Cruelty Officers Reappointment Request The Board reappointed Roger Davis and Chad Massengill as the Animal Cruelty Officers to serve Johnston County for one year terms H Sheriff’s Office - Request to Surplus Wrecked Vehicle Per the request of Sheriff Steve Bizzell , the Board declared the following vehicle surplus that was involved in an accident and has been declared a total loss by the insurance carrier 2018 Dodge Charger , VIN 2C3CDXAT5JH210744 , County Asset # 013592 I Sheriff’s Office – Request to Surplus and Donate Laptops Per the request of Sheriff Steve Bizzell , the Board declared the following laptops surplus and approved for them to be donated to Johnston County Schools 100 Dell Latitude E6430 Laptop Computers 93 Good Condition 7 Parts Only J Tax Releases & Refunds – 07 15 2018 – 08 15 2018 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 7 20 2018 8 05 54 AM dwoodward2 2018 - 44582 2000155935 HOCUTT BAPTIST CHURCH 1,29024 7 20 2018 8 06 32 AM dwoodward2 2018 - 44581 2000155935 HOCUTT BAPTIST CHURCH 15272 7 30 2018 11 09 59 AM ALassiter 2018 - 67761 2000207780 JOHNSTON COUNTY AIRPORT 57843 AUTHORITY 7 30 2018 1 11 54 PM dwoodward2 2018 - 201335 2000201780 JAC FARM , LLC 32166Page448 September 4 , 2018 – 10 00 am Continued 7 30 2018 1 12 41 PM dwoodward2 2018 - 201334 2000189908 KATHLEEN M BATTEN TRUST FBO 37749 CINDY B PEELE 7 30 2018 1 13 22 PM dwoodward2 2018 - 201333 2000166885 KATHLEEN M BATTEN REVOCABLE 36908 TRUST 7 30 2018 1 14 11 PM dwoodward2 2018 - 201332 2000166885 KATHLEEN M BATTEN REVOCABLE 36908 TRUST 7 30 2018 2 57 48 PM dwoodward2 2018 - 1701 2000157219 GENESIS LIVING INC 23058 7 31 2018 10 22 23 AM dwoodward2 2018 - 25235 2000173210 CROCKER , STEVE LEON 78639 7 31 2018 10 26 09 AM dwoodward2 2018 - 95333 2000164489 THAMES , TOD D 1,66605 8 1 2018 10 53 02 AM dwoodward2 2018 - 46738 2000200307 HOWELL , MARY WILLIAMS 84591 8 1 2018 3 28 42 PM dwoodward2 2018 - 65798 2000104454 MEDLIN , HELEN M 49875 8 2 2018 2 40 13 PM dwoodward2 2018 - 21515 2000190234 CLEVELAND GREEN PHASE III 32,25397 ASSOCIATES LP 8 6 2018 9 53 33 AM ALassiter 2018 - 201043 2000035036 JOHNSON , WAYNE ROBIN 29031 8 6 2018 9 56 04 AM ALassiter 2018 - 200395 2000208241 THOMAS , RACHAEL AMBER 12590 8 6 2018 12 50 37 PM ALassiter 2018 - 35027 2000140584 FOX BRIAR CONSTRUCTION LLC 67470 8 6 2018 1 01 00 PM ALassiter 2018 - 108234 2000202834 JONES , RUSSELL DEAN II 23646 8 6 2018 2 53 00 PM ALassiter 2018 - 26238 2000193315 DALE , JUANITA JILL 49550 8 7 2018 7 55 16 AM dwoodward2 2018 - 99613 2000200492 W ODELL EDWARDS IRREVOCABLE 42134 TRUST 8 7 2018 7 57 55 AM dwoodward2 2018 - 4011 2000163619 ANNIE LAURA G JOHNSON 30067 REVOCABLE TRUST 8 7 2018 8 08 22 AM dwoodward2 2018 - 31244 2000181255 EDWARDS LAND LLC 13302 8 7 2018 8 23 45 AM dwoodward2 2018 - 22643 2000034420 COMFORT HOMES INC 64099 8 7 2018 12 37 44 PM ALassiter 2018 - 15535 2000194566 BRYAN , WILLIAM J 14067 8 7 2018 1 01 28 PM ALassiter 2018 - 18104 2000156735 CAPSTONE PHYSICAL THERAPY 13720 8 7 2018 2 35 09 PM ALassiter 2018 - 110604 2000207870 GS BAILEY CUSTOM BUILDERS 10451 8 8 2018 8 47 17 AM ALassiter 2018 - 110424 2000206671 FORD MOTOR COMPANY - TOOLING 5,68075 8 8 2018 9 00 21 AM ALassiter 2018 - 5102 2000152257 ATKINS , AMANDA M 20613 8 8 2018 9 59 53 AM ALassiter 2018 - 29157 2000097012 DOLGENCORP # 08536 1,27093 8 8 2018 10 06 05 AM ALassiter 2018 - 88687 2000192155 SMITH , JAMES CURTIS II 15079 8 8 2018 10 22 10 AM ALassiter 2018 - 12489 2000200130 BMC EAST , LLC 51718 8 8 2018 11 32 01 AM ALassiter 2018 - 58772 2000202443 LEE , GEORGE S 22154 8 8 2018 1 39 12 PM dwoodward2 2018 - 90729 2000098339 STANCIL , CARL THOMAS 1,18557 8 8 2018 1 54 19 PM dwoodward2 2018 - 16219 2000148232 BURNETT FAMILY TRUST 5,35392 8 8 2018 4 52 35 PM ALassiter 2018 - 99768 2000190376 WAGNER , MARIA 24475 8 9 2018 1 04 55 PM ALassiter 2018 - 110780 2000197885 TCF EQUIPMENT FINANCE 4,38131 8 9 2018 2 59 52 PM ALassiter 2018 - 110424 2000206671 FORD MOTOR COMPANY - TOOLING - 5,68075 8 13 2018 11 07 05 AM ALassiter 2018 - 52488 746 JONES , KENNETH RAY 17010 8 13 2018 11 18 26 AM ALassiter 2018 - 70901 2000151443 NISSAN MOTOR ACCEPTANCE CORP 16334 8 13 2018 11 20 18 AM ALassiter 2018 - 70902 2000151443 NISSAN MOTOR ACCEPTANCE CORP 22020 8 13 2018 11 40 57 AM ALassiter 2018 - 61901 2000096159 MARKLE , HOWARD DAVID 29178 8 13 2018 4 38 39 PM ALassiter 2018 - 40966 35878733 HANDY ANDY OF SMFD INC 12103 8 13 2018 4 47 19 PM ALassiter 2018 - 201166 746 JONES , KENNETH RAY 15503 8 13 2018 5 01 15 PM ALassiter 2018 - 93317 2000004400 STROTHER , KIRK WILLIAM 28863 8 14 2018 10 12 23 AM ALassiter 2018 - 110780 2000197885 TCF EQUIPMENT FINANCE - 4,38131 8 14 2018 10 22 54 AM ALassiter 2018 - 110780 2000197885 TCF EQUIPMENT FINANCE 3,94318 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 7 9 2018 11 31 38 AM jmorrow 2017 - 97080 2000174897 WILLIAMS , MICHAEL 22331 7 9 2018 11 52 25 AM jmorrow 2017 - 8490 2000097936 ROGERS , ANTHONY RAY 18056 7 11 2018 12 00 00 AM awestbrook 2018 - 109523 2000049605 PACE , JERRY G SR LIFE ESTATE 49742 7 11 2018 12 01 00 AM gcallahan 2018 - 30922 2000022537 EAST , ALBERT MAC 38000 7 11 2018 12 01 00 AM jmorrow 2018 - 75247 2000198340 PEARCE , SHIRLEY JEAN LIFE 20000 ESTATEPagePage pageNumber5449 September 4 , 2018 – 10 00 am Continued 7 11 2018 12 04 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 28981 7 11 2018 12 05 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 50000 7 11 2018 12 06 00 AM tcronan 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 50000 7 11 2018 12 07 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 12 08 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 12 09 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 12 10 00 AM jmorrow 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 2 38 20 PM awestbrook 2018 - 32019 2000053031 ELLIS , JIMMY GRAY 13134 7 17 2018 2 25 27 PM LOCKBOX 2017 - 68376 2000023109 KOLKMAN , DONALD W 40567 7 23 2018 9 33 01 AM awestbrook 2018 - 18461 2000135009 CROSSWIND CUSTOM HOMES 26061 INC 7 25 2018 12 48 29 PM jmorrow 2017 - 100 2000140492 HOCKADAY , TINA MICHELLE 13538 7 30 2018 11 57 28 AM awestbrook 2018 - 29040 2000187613 DOBBERTHEIN , JOHN J 13159 7 30 2018 4 29 45 PM LOCKBOX 2017 - 52125 31179445 FOWLER , TIMOTHY G 61468 8 6 2018 11 50 20 AM awestbrook 2018 - 53420 49179568 KABAT , DONNA BARNES 20777 8 8 2018 2 59 59 PM LOCKBOX 2018 - 66507 2000181748 MILAND , INC 1,99689 8 8 2018 2 59 59 PM LOCKBOX 2018 - 108389 2000181748 MILAND , INC 30264 8 14 2018 2 11 48 PM awestbrook 2018 - 43581 2000175851 HIGGINS , MANI , WATSON IV 16441 North Carolina Vehicle Tax System - Pending Refund Report – July 2018 100 + Transaction Payee Bill # Refund Total # Name Reason Change CRAVEN , 0031926088 90192586 Adjustment 21950 ALEX 3306 CONTINA 25256 SR MESSER , 0029270128 135523707 Military 9360 CHARLES 6840 TIMOTHY 2280 18480 MESSER , 0038401422 135523719 Military 5897 CHARLES 4309 TIMOTHY 1436 11642 MESSER , 0042630548 135523713 Military 10592 CHARLES 7741 TIMOTHY 2580 20913 MITCHELL , 0037808105 89918996 Adjustment 10046 DANIEL 773 JAMES 10819 August 21 , 2018 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 , Sheila Garner A complete record of this information is on file in the County Finance Office Totals from 7 15 18 to 8 15 18 Tax refunds - Personal Real Property 72055 Tax releases - Personal Real Property 1,22839 Motor Vehicle releases refunds 8927 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb Commissioner Ted G Godwin moved the Board table the item related to an appointment to the Town of Selma Planning Board representing the ETJ area of the Town Commissioner Cookie Pope seconded the motion which carried unanimously PagePage pageNumber6450 September 4 , 2018 – 10 00 am Continued 3 Public Comments A Presentation of Telly Award to Economic Development Director Chris Johnson Ken Best , with Best Video Productions , informed the Board that his company had produced a recruiting video for the Johnston County Economic Development Office last year Mr Best announced that the video th received a Telly Award for General Direct Marketing for Non - Broadcast in the 39 Telly Awards Competition Mr Best presented the award to Economic Development Director Chris Johnson and thanked him for working with Best Video Productions on the project B The Johnstonian News Steve Reed , Reporter with The Johnstonian News , announced that The Johnstonian News released its first issue this week covering all of Johnston County and he would be attending the meetings more often to cover the news in Johnston County 4 Sheriff’s Office – 2018 Edward Byrne Memorial Justice Grant Funds Sheriff Steve Bizzell submitted the following Memorandum and informed the Board of Commissioners that the Johnston County Sheriff’s Office has applied for 2018 Edward Byrne Memorial Justice Grant Funds in the amount of 13,65100 Sheriff Bizzell stated the grant funds will be used to purchase 40 Avon Protection brand gas masks with cartridges to replace the old and outdated models for the Patrol Division Sheriff Bizzell requested the Board’s approval and to enter the memorandum of official notification of the grant funding into the minutes as part of the rules set forth in obtaining the federal grant funds by the US Department of Justice , Bureau of Justice Assistance and he offered to answer any questions Chairman Jeffrey P Carver accepted the memorandum of official notification below as part of the minutes Commissioner Larry Wood moved the Board approve the 2018 Edward Byrne Memorial Justice Grant application in the amount of 13,65100 to be used to purchase 40 Avon Protection brand gas masks with cartridges to replace the old and outdated models for the Patrol Division Commissioner Cookie Pope seconded the motion which carried unanimously 5 McGill Associates – Proposed Public Safety Center Site Due Diligence Final Report Bill Roark , PE , with McGill Associates , provided an update to the Board regarding the due diligence final report for the proposed public safety center site Mr McGill reported during the last update , they were missing the soil analysis ; however , that has now been completed with the results being what they expected andPagePage pageNumber7451 September 4 , 2018 – 10 00 am Continued indicative to the County He stated the building construction can be done with conventional spread footings , but noted the upper soils layer is material that will likely have to be undercut and replaced due to its sandy and wet nature Mr Roark stated it is possible that the material could be reused on site after it has dried , but he reiterated that the soils are indicative to Johnston County Mr Roark stated in round numbers they estimate the undercutting would cost 2500 per cubic yard which equates to approximately 650,000 Mr Roark continued that a Phase I Environmental Assessment has been performed with no recognized environmental conditions found on the subject site or adjacent properties He noted it is likely that wetlands can be found in the wooded areas on all three portions of the overall tract , and a jurisdictional determination by the US Army Corps of Engineers would be needed before development Mr Roark stated a boundary survey has been completed and no encroachments were noted from adjacent properties He stated after conversations with the Town of Smithfield , they believe satellite annexation is not preferred by the Town , but the Town may provide water and sewer at out - of - town rates Mr Roark stated a rezoning of the property to Office and Institutional for a public safety center will require neighborhood meetings , a public hearing , and Smithfield Town Council action Mr Roark reported the North Carolina Department of Transportation agrees with the addition of left and right turn lanes east of Yelverton Grove Road with access drives both on US 70 Business and Yelverton Grove Road Mr Roark reviewed conceptual layouts with the Board Mr Roark concluded his presentation with the following recommendations and challenges Recommendations ? To meet the County’s and landowner’s timetables for closing , proceed immediately with the following items o Subdivide the parcel to remove the undevelopable third tract from consideration o Rezone the two larger parcels to Office and Institutional o Delineate wetlands and secure a Jurisdictional Determination from the US Army Corps of Engineers Challenges ? Cost to undercut and replace soils Mr Roark stated there had originally been some concerns with costs associated with water booster pumps needed for fire flow ; however , they learned just this morning that there should not be a problem delivering the needed fire flow to meet the demands Commissioner Ted G Godwin asked if an alternative type of building construction could be considered in an effort to avoid having to undercut and replace the soils Mr Roark responded there are different types of foundation options that could be considered ; however , those types of foundations would be more expensive and probably outweigh undercutting and replacing the soils for conventional building Upon questions by Commissioners Larry Wood and Chad M Stewart , Mr Roark reiterated the soil at the proposed site is typical in approximately 90 of Johnston County so if another site were examined the soils would likely be the same and require the same site work The Board thanked Mr Roark for the report 6 Department of Social Services Update DSS Director Scott Sabatino updated the Board regarding Medicaid Transformation and explained that the Office of the State Auditor will be conducting audits for all 100 counties in North Carolina to examine whether county departments of Social Services are accurately and timely determining Medicaid eligibility Mr Sabatino noted that the counties will be held responsible for reimbursing the federal government for any costs associated with errors found in the audits Mr Sabatino explained that pursuant to Senate Bill 14 , Session Law 2015 - 7 , the Medicaid audit , ten counties were chosen for an audit based on a telephone interview conducted by the State Office and County DSS Administrators Directors He noted Johnston County was not selected for this audit ; however , because of the error rate found in the ten other counties , an administrative letter was released to all 100 counties on February 26 , 2018 regarding an overpayment recoupment plan He stated it was at the recommendation of the State Auditor to make counties responsible for reimbursing the federal government for any costs associated with errors whereas those costs have previously come out of the State’s budget PagePage pageNumber8452 September 4 , 2018 – 10 00 am Continued Mr Sabatino stated in an effort to decrease the County’s risk of an exponential rate of overpayments , he has researched previous caseload statistics to come up with a plan of action Mr Sabatino stated based on the current caseload he is requesting 15 additional Medicaid case workers which would be paid with 75 federal dollars and a 25 County match He also requested two additional Medicaid Supervisors , two additional Medicaid Lead Workers , one staff development specialist , and five positions to form an in - house quality assurance team Mr Sabatino also requested the Board to consider approving the purchase of Medicaid Eligibility Miscellaneous Errors and Omissions Liability Insurance which is a new option for counties due to the overpayment and recoupment plan Mr Sabatino reported the insurance is through Snowden Company , LLC and five counties have already purchased the insurance He stated the estimated cost of the premium for Johnston County is between 126,000 and 158,000 Mr Sabatino stated Johnston County is due for its audit before the end of 2018 and he would like to request approval to purchase the insurance as soon as possible Upon a question by Commissioner Cookie Pope , Mr Sabatino stated if the positions are approved , they would look at space options for where to put them Mr Sabatino stated he does not know if the audit will find any errors , but the employees are human and mistakes are made Mr Sabatino reiterated that the audit process is affecting all counties in North Carolina At the inquiry of Commissioner Chad M Stewart , Mr Sabatino and his staff discussed the various types of errors that could be made and how the extra workers could help relieve the caseload which they hope would decrease the potential number of errors that could be made Mr Sabatino stated he is requesting both the new positions as well as the liability insurance He spoke on how other counties have already had claims paid because of errors discovered in their audits He noted that if errors are made as a result of client fraud , then the County would not be responsible Mr Sabatino stated one problem is that the NC Fast system is so unreliable it only adds to the issues At the inquiry of Commissioner Lee Jackson , DSS Staff Member Allison Smith reported with previous audits , staff was not privy to that information because any costs that were to be reimbursed for errors was paid by the State Ms Smith stated for an audit completed three years ago , Johnston County’s error rate was 2 Upon a question by Commissioner Allen L Mims , Jr , Ms Smith stated it is up to the County to provide proof that an error has been made as a result of client fraud Chairman Jeffrey P Carver commented it is a lot of information to consider and he has a lot of questions ; therefore , the Board would take the request under advisement 7 Public Utilities – 20 ” Force Main Crossing US Hwy 70 Business Hwy 70 Bypass Proposed Budget Utilities Director Chandra Farmer , PE , explained the County currently has parallel 12 ” and 16 ” force mains for wastewater transmission from the East Clayton Industrial area Powhatan Road to Smithfield , with the exception of a single 16 ” force main under the US Hwy 70 BUS Hwy 70 Bypass Interchange She stated capital project planning for future needs indicates an additional parallel force main from the Powhatan Road area to the wastewater treatment plant may be needed Ms Farmer continued that in order to meet near - term demands from the County’s bulk customers and retail customers NC 42 East area , a parallel force main should be installed at the interchange to alleviate the existing “ bottleneck ” Ms Farmer stated staff proposes a 20 ” force main be installed parallel to the existing 16 ” force main under the interchange She presented the following Following is the proposed project budget Technical Services Engineering Surveying Permitting 150,00000 Construction 1,500,00000 Contingency 146,00000 Total Project Cost 1,796,00000 Funding for the proposed project is as follows Fund 68 Appropriation 1,796,00000 Total Project Funds 1,796,00000 Ms Farmer stated staff respectfully requests approval of the proposed project budget and associated budget revisions in order to proceed with the project design PagePage pageNumber9453 September 4 , 2018 – 10 00 am Continued Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board approved the project budget as presented by staff and adopted the following associated budget revisions REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 68 79009023 Transfer to Other Funds 1,796,00000 TOTAL NET EXPENDITURES 1,796,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 68 790033990 Fund Balance Appropriated 1,796,00000 TOTAL NET REVENUE 1,796,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 83 85440406 Technical Services 150,00000 83 85441800 Construction 1,500,00000 83 85447406 Construction Contingency 146,00000 TOTAL NET EXPENDITURES 1,796,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 83 854437925 Transfer from Other Funds 1,796,00000 TOTAL NET REVENUE 1,796,00000 8 Public Utilities – 2017 Local Water Supply Plan Approval Utilities Director Chandra Farmer , PE , stated in accordance with NCGS 143 - 355 l , Johnston County is required to prepare a Local Water Supply Plan LWSP for the water supply system at least once every five years She reported the NCDENR Division of Water Resources DWR further requires the County to submit yearly updates to the plan Ms Farmer stated the Local Water Supply Plan includes water usage and supply information for the calendar year and future planning for up to fifty years Ms Farmer stated DWR has completed their review of Johnston County’s 2017 LWSP , deemed that it meets the minimum criteria , and has requested approval by the Board of Commissioners Ms Farmer requested the adoption of a resolution for approval of Johnston County’s 2017 LWSP Upon a motion by Commissioner Lee Jackson , seconded by Commissioner Cookie Pope , and carried unanimously , the Board adopted the following resolution approving the 2017 Local Water Supply Plan RESOLUTION LOCAL WATER SUPPLY PLAN APPROVAL WHEREAS , North Carolina General Statute 143 - 355 l requires that each unit of local government that provides public water service or that plans to provide public water service and each large community water system shall , either individually or together with other units of local government and large community water systems , prepare and submit a Local Water Supply Plan ; and WHEREAS , as required by the statute and in the interests of sound local planning , a Local Water Supply Plan for Johnston County , has been developed and submitted to the Johnston County Board of Commissioners for approval ; and WHEREAS , the Johnston County Board of Commissioners finds that the Local Water Supply Plan is in accordance with the provisions of North Carolina General Statute 143 - 355 l and that it will provide appropriate guidance for the future management of water supplies for Johnston County , as well as useful information to the Department of Environmental Quality for the development of a state water supply plan as required by statute NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners of Johnston County that the Local Water Supply Plan entitled , 2017 Johnston County Local Water Supply Plan 03 - 51 - 070 dated 2017 , is hereby approved and shall be submitted to the Department of Environmental Quality , Division of Water Resources ; and BE IT FURTHER RESOLVED that the Johnston County Board of Commissioners intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department , in accordance with the statute and sound planning practice th This the 4 day of September , 2018 Page0454 September 4 , 2018 – 10 00 am Continued 9 Public Utilities – Water Treatment Plant Efficiency Project Proposed Budget Utilities Director Chandra Farmer , PE , reported Johnston County received a Notice of Intent to Fund from the NCDEQ Division of Water Infrastructure DWI for the proposed Water Treatment Plant Efficiency project She explained the proposed project consists of multiple operational and efficiency projects at the Water Treatment Plant and some of the proposed improvements include a new SCADA system , generator replacement , chemical feed improvements , new and replacement process monitoring equipment , mechanical sludge removal system for byproduct basin , clearwell headspace ventilation and clearwell mixing Ms Farmer presented the following information Following is the proposed project budget Technical Services Engineering Surveying Permitting 363,00000 Construction 3,770,00000 Contingency 377,00000 Loan Closing 90,20000 Total Project Cost 4,600,20000 Funding for the proposed project is as follows Drinking Water State Reserve Fund Loan max int rate of 193 , 20 yr 4,510,00000 Fund 67 Appropriations 90,20000 Total Project Funds 4,600,20000 Ms Farmer stated the County has not received the formal loan offer from NCDEQ DWI ; however , the offer should be sent after the engineering report is approved She stated engineering expenses have been identified by DWI as eligible for reimbursement as part of the proposed loan and if , by unforeseen circumstances , the loan offer is not received or approved , funds would be appropriated from Fund 67 for any design services completed Ms Farmer stated staff respectfully requests approval of the proposed project budget and capital project ordinance in order to proceed with the project design Upon a motion by Commissioner Lee Jackson , seconded by Commissioner Cookie Pope , and carried unanimously , the Board approved the project budget as presented by staff and adopted the following capital project ordinance CAPITAL PROJECT ORDINANCE FOR THE JOHNSTON COUNTY WATER TREATMENT PLANT EFFICIENCY PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is the Johnston County Water Treatment Plant Efficiency Project the “ Project ” The proposed project consists of multiple operational and efficiency projects at the Water Treatment Plant including new SCADA system , generator replacement , chemical feed improvements , new and replacement process monitoring equipment , mechanical sludge removal system for byproduct basin , clearwell headspace ventilation and clearwell mixing The Project is to be financed by a Drinking Water State Revolving Fund Loan and an appropriation from the County Water Fund “ Fund 67 ” Section 2 The officers of the County are hereby directed to proceed with the capital Project within the terms of the Drinking Water State Revolving Fund Loan offer and the budget contained herein Section 3 The following amounts are appropriated for the Project Technical Services 363,000 Construction 3,770,000 Contingency 377,000 Loan Closing 90,200 Total 4,600,200 Section 4 The following revenues are anticipated to be available to complete this Project Drinking Water State Revolving Fund Loan 4,510,000 Fund 67 Appropriation 90,200 Total 4,600,200 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 Drinking Water State Revolving Fund Loan shall be met Section 6 Funds may be advanced from Fund 67 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 Page1455 September 4 , 2018 – 10 00 am Continued Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners , the Budget Officer and the Director of Finance for direction in carrying out this Project Adopted this 4th day of September , 2018 10 Public Utilities – Johnston County Utilities Proposed Funding Applications Utilities Director Chandra Farmer , PE , reported the deadline to apply for the fall round of loan and grant assistance administered through the NCDEQ Division of Infrastructure is September 30 , 2018 She stated the Department of Utilities recommends the County submit funding applications for the following projects No Project Name Description Johnston County 40 MGD 40 MGD Wastewater Treatment Plant Facility to include 1 Wastewater Treatment Facility expansion of the biosolids facility on County Home Road Modifications to the existing equalization facility located at 2019 Landfill Equalization and 2 the Johnston County Landfill , including basin lining , piping Pumping Facility Rehabilitation and pumping Funding was previously approved for the proposed plant expansion However , a separate application project was submitted for the Biosolids facility improvements The NCDEQ requested the projects be combined Ms Farmer stated staff respectfully requests the Board’s consideration of resolutions authorizing the submission of the loan applications and designating signatory authority to Rick J Hester , County Manager Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried unanimously , the Board adopted the following two resolutions RESOLUTION BY JOHNSTON COUNTY BOARD OF COMMISSIONERS WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of a wastewater treatment works project , and WHEREAS , The Johnston County has need for and intends to construct a wastewater treatment works project described as 4 MGD WWTF and WHEREAS , The Johnston County intends to request additional state loan assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the Johnston County to make scheduled repayment of the loan , to withhold from the Johnston County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof Rick J Hester , County Manager the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan to aid in the construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto Adopted this the September 4 , 2018 at Smithfield , North Carolina RESOLUTION BY JOHNSTON COUNTY BOARD OF COMMISSIONERS WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of a wastewater collection system project , andPage2456 September 4 , 2018 – 10 00 am Continued WHEREAS , The Johnston County has need for and intends to construct a wastewater collection system project described as 2019 Landfill Equalization & Pumping Facility Rehabilitation Project and WHEREAS , The Johnston County intends to request additional state loan assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY , That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the Johnston County to make scheduled repayment of the loan , to withhold from the Johnston County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof Rick J Hester , County Manager the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan to aid in the construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto Adopted this the September 4 , 2018 at Smithfield , North Carolina 11 Public Utilities – Memorandum of Agreement with Triangle Water Supply Partnership Utilities Director Chandra Farmer , PE , stated the Triangle Water Supply Partnership TWSP has invited Johnston County to participate in the partnership Ms Farmer reported the TWSP , formerly the Jordan Lake Regional Water Supply Partnership , has expanded its planning area with the continued goal of providing for secure and sustainable water supplies for the region She stated regional planning and development of sustainable water supply is critical to the County’s future and as a member of the TWSP , the County will have the opportunity to participate in water supply planning projects with regional partners , some of which the County already has direct inter - connections Ms Farmer stated the proposed projects for the next five years include ? Regional Water Shortage Response Planning – This will aid the County in updating our Local Water Shortage Response Plan required by NCDEQ ? Interconnection Model Maintenance Update – Johnston County’s hydraulic model will be added to the regional model , which was developed by the same engineering firm that completed the County’s modeling ? Triangle Regional Water Supply Plan – This will aid the County in updating our yearly Local Water Supply Plan and facilitate direct communication with other water suppliers ? Emergency Spill Response and Mitigation Plan Coordination – Planning for and implementing available resources in the event of an emergency is critical to utility operation Ms Farmer stated the expected annual dues for the partnership are included in the Memorandum of Agreement and Johnston County’s dues for year one FY 19 would be 20,800 She noted the dues may vary from year to year , depending on the proposed projects and their associated costs , but are expected to be 18,000 - 25,000 for the first five years Ms Farmer stated dues would be paid from the water enterprise fund Fund 67 She stated staff respectfully requests the Board’s consideration of the “ Memorandum of Agreement Creating and Defining Operations of the Triangle Water Supply Partnership ” Upon a question by Commissioner Ted G Godwin , Ms Farmer stated staff sees this partnership as a very important resource Ms Farmer stated the dues paid by the members would be used to hire consultants to perform the work Page3457 September 4 , 2018 – 10 00 am Continued Chairman Jeffrey P Carver stated he does not mind participating in the partnership ; however , he would like to see follow up reports and a return on the investment for the County Commissioner Ted G Godwin moved the Board approve the memorandum of agreement as follows , seconded by Commissioner Chad M Stewart , and carried unanimously MEMORANDUM OF AGREEMENT CREATING AND DEFINING OPERATIONS OF THE TRIANGLE WATER SUPPLY PARTNERSHIP WHEREAS , for the purposes of this Memorandum of Agreement “ Agreement ” , the Triangle Water Supply Planning Region “ Triangle Region ” is defined as the geographic area encompassing Chatham , Durham , Harnett , Johnston , Orange , and Wake Counties ; and WHEREAS , the Triangle Region of North Carolina continues to grow and serve as the premier economic engine for North Carolina ; and WHEREAS , the local government jurisdictions in the Triangle Region have responsible and thoughtful land use plans to accommodate projected growth ; and WHEREAS , water resources are a regional asset , and the sustained availability of water supply for the Triangle Region will benefit from a comprehensive and collaborative approach ; and WHEREAS , the Triangle Region of North Carolina has experienced multiple significant droughts in recent decades ; and WHEREAS , the local government jurisdictions and their constituent water supply authorities are responsible for providing for the publicly owned water supply that has been a critical ingredient in the economic development of the Triangle Region ; and WHEREAS , the local government jurisdictions and their constituent water supply authorities support the conservation and stewardship of water resources ; and WHEREAS , the Jordan Lake Partnership was established in 2009 to plan for secure and sustainable water supply for the Triangle Region , with participation by most of the parties to this Agreement , and has ? developed a 50 - year regional water supply plan that was endorsed by the elected Boards of all of its members ; ? developed a comprehensive hydraulic model of the regional water system , now being used to improve cooperation among local water utilities ; ? been recognized at the state and national level as a model for effective local government collaboration ; ? expanded its membership and focus to include water supply planning for the entire Triangle Region ; and WHEREAS , the parties to this Agreement desire to continue and build upon the valuable water supply planning work and collaborative efforts begun by the Jordan Lake Partnership ; and WHEREAS , the benefits of such planning and collaborative efforts include ? Improved cooperation between local water utilities and ease of regulatory oversight ; ? Reduced unit costs for projects through economies of scale ; ? Increased flexibility and reliability of local water supplies , especially during droughts and other dynamic events ; ? Enhanced ability to comply with federal and state drinking water standards ; ? Sustainable use of regional drinking water resources ; and WHEREAS , the parties to this Agreement will maintain local ownership and control of their water resources , but are committing in this document to collaborate about water supply planning , cooperation , sustainability , and helping each other through drought or other emergency events and moving toward a more sustainable future ; and WHEREAS , this Agreement is authorized by North Carolina General Statute NCGS 143 - 3558 and or 160A - 201 THEREFORE , BE IT RESOLVED , that the signatories to this Agreement “ Participants ” or “ Parties ” pledge to work together as part of a Triangle Water Supply Partnership “ Partnership ” , as a regional water supply planning organization as authorized by NCGS 143 - 3558 ; and , BE IT FURTHER RESOLVED , that the individual units named as Participants will collaborate through the Partnership for regional water supply planning , to plan , maintain , implement and otherwise cooperate in providing long - term , sustainable , safe and secure regional water supplies for the Triangle Region ; and , BE IT FURTHER RESOLVED , that the Partnership will be guided by the principles of collaboration , sustainable water supply , environmental stewardship , mutual and collective benefit , shared responsibility , equal representation , and financial stability , but such collaboration is not intended and shall not be deemed to constitute a “ partnership ” as defined in NCGS Chapter 59 NOW , THEREFORE , for and in consideration of the recitals and the mutual promises and covenants contained in this Agreement , the parties agree as follows 1 Purpose ; Recitals The purpose of this Agreement is to collaborate in various activities related to a regional partnership for water supply The Recitals are true and are incorporated into this Agreement and further explain the Purpose 2 Definitions In addition to the following defined terms , additional terms are defined elsewhere in this Agreement a Annual Budget – means the Annual Budget adopted with the 5 - Year Project and Funding Plan b Consensus – means a Partnership decision made by unanimous vote in favor of a proposed action by all the Representatives or Alternate Representatives present and voting at a meeting c Dues – means Initial Dues , Annual Dues , and Special Projects Dues d Fiscal Year – means July 1 through June 30 e Large Project – means a Project that is funded as a separate line item in the Annual Budget Page4458 September 4 , 2018 – 10 00 am Continued f Partnership Operating Fund “ Fund ” – means the Fund managed by the Fiscal Agent , consisting of revenue from Annual Dues and Special Project Dues , and interest thereon , and from which funds are disbursed to satisfy contractual obligations related to the Partnership’s activities g Project – means a Project included in the Annual Budget Includes Small Projects , Large Projects , and Special Projects h Project Lead Agency – means the Participant responsible for contracting and managing each Project i Quorum – means more than one half of Participants have a Representative or Alternate Representative in attendance at a meeting j Partnership Management – means management of the Partnership by the Administrative Agency including but not limited to meeting notices , arrangements , facilitation , and summaries ; other communications ; records retention k Simple Majority Vote – means a Partnership decision made by vote of more than one - half of the total number of Representatives or Alternate Representatives For example , if there are 15 Members and therefore 15 Representatives , 8 must affirmatively vote for a proposed action to pass by Simple Majority vote , regardless of how many Members may have a Representative in attendance at a meeting l Small Project – means a Project that is funded from the single Small Projects line item in the Annual Budget m Special Project – means a Project approved and funded with additional dues by a subset of Participants this can also be a single Participant ; eg when a task is added to a Project contract for work specific to that Participant n Special Project Consensus – means a Partnership decision regarding a Special Project made by unanimous vote in favor of a proposed action by all the Representatives or Alternate Representatives of those Participants participating in the Special Project , present at a meeting at which a Special Project Quorum is present For example , if 6 members are participating in a Special Project , at least 4 must be present for a quorum , and all those present must vote affirmatively for a proposed action to pass o Special Project Quorum – means more than one half of the Participants in that Special Project have a Representative or Alternate Representative in attendance at a meeting p Super Majority Vote – means a Partnership decision made by vote of at least three quarters of the total number of Representatives or Alternate Representatives For example , if there are 15 Members and therefore 15 Representatives , 12 must vote affirmatively for a proposed action to pass by Super Majority Vote 3 Participants a All parties to this Agreement are Participants in the Partnership The original parties to this Agreement are i Town of Apex , ii Town of Cary , iii Chatham County , iv City of Durham , v Harnett County , vi Town of Hillsborough , vii Town of Holly Springs , viii Johnston County , ix Town of Morrisville , x Orange County , xi Orange Water and Sewer Authority , xii Town of Pittsboro , and xiii City of Raleigh b Eligibility Governmental entities , water and or sewer authorities , public water utilities , regulated utilities which own and operate water supply reservoirs , reservoir operators providing water supply - related service within the Triangle Region , and any other entities authorized to participate by NCGS 143 - 3558 , and in the Neuse or Cape Fear River Basins , are eligible to become Participants “ Eligible Participants ” Notwithstanding this general definition , the Participants shall determine eligibility for any specific entity c Addition of Participants Eligible Participants may request to join the Partnership by submitting a request in writing to the Chair “ New Participant Request ” The New Participant Request must include acknowledgement and agreement that the Eligible Participant will be bound by the terms of this Agreement A Super Majority Vote of the Partnership is required to add an Eligible Participant as a party The Chair will notify existing Participants of a New Participant Request pursuant to paragraph 17 n herein The Chair will notify the Eligible Participant within 30 days following the Partnership’s decision on the New Participant Request and of the amount of Initial Dues , if applicable Addition of an Eligible Participant as a party becomes effective upon the Eligible Participant’s execution of this Agreement and payment of Initial Dues d Withdrawal of Participants Participants may withdraw from this Agreement with 30 days written notice to all Participants , provided that any residual financial obligations pursuant to paragraph 14 herein shall survive such withdrawal until satisfied Residual financial obligations will include any outstanding invoices for Dues as well as the withdrawing Participant’s share of any Special Project contractual obligations existing at the time of withdrawal To the extent possible , the scope and cost associated with any such Special Project contractual obligations will be reduced to address the withdrawal of the Participant , with a proportional reduction in the withdrawing Participant’s financial obligation related to such Special Projects No Dues refunds will be made e Withdrawal Due to Nonpayment Any Participant that fails to pay its Dues pursuant to paragraph 14 herein by October 31 is automatically deemed to have withdrawn from the Partnership on November 1 unless 1 the Chair receives a written request from the Participant prior to October 31 explaining the extenuating circumstances that justify the extension of time , and 2 the Partnership decides in a vote occurring before the automatic withdrawal date , to permit an additional 90 - day grace period but not extending beyond January 29 4 Representatives Page5459 September 4 , 2018 – 10 00 am Continued a Each Participant’s Manager , or designee , shall act for the Participant on matters related to the Partnership Participants are encouraged to have three professional staff Representatives - the Representative , and First and Second Alternate Representatives - with said Alternate Representatives designated by the Manager , and eligible to vote only when the Representative is not present b Representatives and Alternates are expected to stay informed about and to represent their Participant’s interests Each Representative or , when applicable , Alternate Representative , is expected to attend and fully participate in Partnership meetings and calls Materials presented for discussion should be distributed at least 5 business days in advance of a meeting or earlier , as practical 5 Officers At the first official meeting of the Partnership after execution of this Agreement , and then each year at the annual meeting of the Partnership , the Participants shall elect a Representative or Alternate Representative to serve as Chair and a Representative or Alternate Representative to serve as Vice Chair , both by Simple Majority Vote The Vice Chair will perform the Chair’s responsibilities when the Chair is unable to do so The Chair or Vice Chair shall convene Partnership meetings , establish the meeting agendas , and preside at meetings If neither the Chair or Vice Chair will be present for a meeting , the Chair will appoint a person to preside at that meeting The Chair and Vice Chair shall have no additional power or authority over the Partnership While there are no term limits established for the Chair or Vice Chair , it is the intention that the Chair and Vice Chair positions rotate among Participants 6 Meetings a The Participants shall meet as often as required , but no less than annually Annual Meetings shall be scheduled by the Chair and noticed to all Representatives no less than 30 days in advance Any matter may be voted on at an Annual Meeting The Annual Meeting will be held toward the end of each calendar year and include budget adoption , in order to allow for Participants to adequately plan for their upcoming fiscal year budget b Meetings will generally be held for the purposes of discussing the activities of the Partnership , planning for future activities , adopting the budget , and providing guidance and direction to the Administrative Agent , Fiscal Agent , and or project managers , regarding ongoing Partnership activities and Projects c The Chair , Vice Chair , or 25 percent of the Participants may call a meeting by providing notice to all Participants “ Called Meeting ” Notice may be made pursuant to paragraph 17 n or may be delivered by electronic mail No Called Meeting may be held with less than five business days ’ notice No matter may be voted on at a Called Meeting that was not noticed at the time the notice of Called Meeting is sent to the Participants All meetings shall be open to the public and conducted in facilities that would accommodate the public Meeting times , dates , and locations will be noted on the Partnership’s website in a location accessible by the public Notices of meetings will also be publicly posted on the principal bulletin board of the Administrative Agent , or if the Administrative Agent is not a Member , the entity represented by the Chair d Representatives or Alternative Representatives may participate in Called or Annual Meetings either in person or by teleconference 7 Voting a A majority of the Participants must be represented by either their Representative or Alternative Representative to constitute a quorum for the transaction of business at any meeting of the Partnership b Each Participant will have one vote on all matters coming before the Partnership for consideration and the vote of each Participant will be counted equally c If a Participant is not current in paying Dues but is within the allowed grace period and therefore has not been deemed to have withdrawn from the Partnership , then the vote of such Participant’s Representative will be counted If a Participant is not current in paying dues and is not within the grace period for such payment , the Participant shall not participate in any vote , and any vote by such Participant shall be null and void d Representatives or Alternate Representatives may participate , including voting , in meetings by any means of communication by which all participating may simultaneously hear each other during the meeting e Voting on any matter may occur outside of the Annual Meeting or a Called Meeting only upon the following terms Any Participant may request a vote of the Partnership in writing with at least 2 business days ’ notice to all Participants Votes taken pursuant to this section require a written affirmative vote either electronic or hard copy by the Representative or Alternative Representative for each Participant within thirty 30 days of the notice If any Participant fails to provide an