June 4, 2012 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 831 Meeting of the Johnston County Board of Commissioners June 4 , 2012 10 00 am The Johnston County Board of Commissioners met in regular session Monday , June 4 , 2012 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , and Finance Officer J Chad McLamb Chairman Allen L Mims , Jr called the meeting to order at 10 00 am Commissioner W Ray Woodall opened the meeting with a prayer Commissioner Cookie Pope led those in attendance in the pledge of allegiance to the American flag 1 Portrait Presentation of Former Johnston County Commissioner William H Upchurch The Board recognized former Johnston County Commissioner William H Upchurch and presented a framed portrait to his granddaughter , Karen Mossefin , which will be displayed in the County Administration Office along with other former County Commissioners Mr Upchurch served on the Board of Commissioners from 1918 until 1922 Chairman Allen L Mims , Jr asked Ms Mossefin if she would share any memories of Mr Upchurch with the Board Ms Mossefin stated that her grandfather passed away before she was born ; however , she believed that he would be honored for his portrait to be placed alongside other former County Commissioners Ms Mossefin stated that her father , Thomas Upchurch , also served as the Tax Collector for Johnston County for many years and she felt both gentlemen enjoyed serving the County Ms Mossefin thanked the Board for the project 2 Approval Discussion of Agenda Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the agenda as presented 3 Consent Agenda Items Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – May 7 , 2012 10 00 am and 6 00 pm B Tax Releases & Refunds – 4 16 2012 – 5 15 2012 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2011 1204 - 372917 1201 - 377687 HARDEE , RONALD ALLEN Release 61965 2011 1110 - 290316 1107 - 306246 GARRETT , JENNY C Overpayment 13037 2011 1204 - 363969 1201 - 376782 DOWNING , DAVID HOWARD Release 14432 2011 1107 - 255631 1104 - 262708 WHEALON , ANDREA SCOTT Overpayment 40000 2011 1204 - 375003 1202 - 388937 HONEYCUTT , SHERRILL HARDING Release 20400 2011 1202 - 344744 1111 - 363512 WILKINS , GEORGE MELVIN Tag Surrender 10119 2011 1110 - 293780 1107 - 305823 WILKINS , GEORGE MELVIN Tag Surrender 20897 2011 1203 - 357970 1112 - 372001 EARLE , EMERSON MICHAEL Release 11534 2011 1203 - 357971 1112 - 374130 EARLE , EMERSON MICHAEL Release 14230 2011 1109 - 277319 1106 - 296857 ATKINSON , JR , MARCUS AXEL Overpayment 12024 Page832 June 4 , 2012 – 10 00 am Continued 2011 1204 - 370509 1201 - 387311 SESSOMS , RANDOLPH Release 12393 2011 1202 - 347653 1111 - 358715 LEWIS , III , JOHN L Release 10591 2011 1112 - 321725 1109 - 337305 HEATH , BRENDA ALLEN Overpayment 12300 2011 1203 - 359902 1112 - 365270 FRAZIER , DORIS SIMMS Overpayment 36985 2011 1204 - 370205 1201 - 382590 CHARLES K HINNANT AND CO Release 14878 2011 1109 - 279319 1106 - 296490 PRICE , STEVEN MICHAEL Overpayment 12800 2011 1111 - 305672 1108 - 324466 FEDERICO , JR , KENNETH ANDREA Overpayment 21593 2011 1203 - 360510 1112 - 374018 WHEELER , CHARLES DELEON Release 12642 2011 1201 - 337460 1110 - 348405 THOMPSON , CARMEN RENEE Release 21397 2011 1110 - 294911 1107 - 310101 AIMONE , KENNETH JOHN Release 13345 2011 1204 - 363466 1201 - 388086 HERR , NILES BUTTERFIELD Release 20131 2011 1202 - 346007 1111 - 359357 HONDA LEASE TRUST Tag Surrender 14703 2011 1202 - 349155 1111 - 363241 PITTMAN , IRVING KENNETH Overpayment 21686 2011 1203 - 353111 1112 - 371424 MCLAMB , HAMPTON BECK Overpayment 14740 2011 1202 - 345710 1111 - 361380 CANALLY , PAUL CLIFTON Tag Surrender 17943 2011 1202 - 348812 1111 - 355293 GASKILL , ALBERT ROWE Tag Surrender 19204 2011 1203 - 363187 1112 - 370482 WILLIAMS , III , JOHN HENRY Release 35870 2011 1204 - 375264 1201 - 383794 WILLIAMS , III , JOHN HENRY Release 12110 2011 1112 - 324324 1109 - 339098 KING , JUSTIN MICHAEL Release 12090 2011 1202 - 350448 1111 - 361445 SANCHEZ , JUAN MANUEL Overpayment 10125 2011 1204 - 363736 1201 - 385639 AIKEN , BETTY EASON Release 14834 2011 1201 - 336931 1110 - 352207 MCALLISTER , MARTY DOUGLAS Tag Surrender 10427 2011 1204 - 366740 1201 - 386121 STALLINGS , BELINDA LASSITER Overpayment 11368 2011 1203 - 358707 1112 - 364786 HOLLAND , LARRY WAYNE Release 20856 2011 1203 - 358060 1112 - 371626 HAYES , RANDALL KEITH Overpayment 16287 2011 1111 - 316882 1108 - 320491 HONEYCUTT , REBECCA ANN Overpayment 13077 2011 1112 - 326125 1109 - 338200 KENYON , WILLIAM HARRY Overpayment 20782 2011 1204 - 368662 1201 - 388465 LEE , BRANDON SCOTT Tag Surrender 12056 2011 1204 - 373708 1201 - 385935 VANN , WYVERNA REYNOLDS Release 10822 2011 1110 - 295198 1107 - 301933 DUPREE , GINA ANNE Overpayment 13885 2011 1203 - 358060 1112 - 371626 HAYES , RANDALL KEITH Void Refund 16287 2011 1203 - 358060 1112 - 371626 HAYES , RANDALL KEITH Overpayment 26436 2011 1109 - 281816 1106 - 296993 LEDET , NICOLE ALISON Release 32239 2011 1204 - 375325 1106 - 296993 LEDET , NICOLE ALISON Rebill 17410 2011 1111 - 310452 1108 - 324734 HANDMZ KITCHEN COUNTER TOP Overpayment 18801 2011 1202 - 342692 1111 - 354701 ARCHER , DONALD WAYNE Overpayment 28482 2011 1111 - 305599 1108 - 321417 DUSENBURY , PATRICK ANDREW Overpayment 17056 2011 1205 - 375331 1202 - 390646 DROLET , DAVID MARTIN Release 14112 2011 1201 - 334635 1110 - 351057 FINKLE , NORMAN HARVEY Tag Surrender 10048 2011 1111 - 305883 1108 - 323926 HAMILTON , CLIFTON DAVID Overpayment 22023 2011 1111 - 312580 1108 - 323585 BALLANCE , DENA ANN Overpayment 11306 2011 1111 - 313004 1108 - 321056 HANSLEY , HEATHER PHILLIPS Overpayment 10687 2011 1112 - 318116 1109 - 334282 HOLLEY , MAXINE PEACOCK Overpayment 10151 2011 1205 - 387375 1202 - 401966 ROWLEY , DARREN SCOTT Release 11070 2011 1110 - 302977 1107 - 311100 GUENOT , RONALD WAYNE Release 22202 2011 1112 - 320463 1109 - 339989 NADEAU , KEVIN AIME Release 33696 2011 1205 - 388668 1109 - 339989 NADEAU , KEVIN AIME Rebill 16146 2011 1110 - 297012 1107 - 306579 ROLDAN , DOMINICO JAYME Overpayment 51923 2011 1203 - 354143 1112 - 368179 FLORES , DANIEL FLORES Overpayment 12076 2011 1204 - 368322 1201 - 386254 DINARDO , TAMMY SNYDER Overpayment 14756 2011 1112 - 326386 1109 - 339040 RICHARDSON , REGAN TODD Overpayment 13250 Page833 June 4 , 2012 – 10 00 am Continued 2011 1111 - 308955 1108 - 325629 DIXON , EDWARD STUART Overpayment 19970 2011 1205 - 388376 1202 - 390645 BAKER , DONNIE WAYNE Release 14028 2011 1205 - 384394 1202 - 402364 COLLIER , JOSHUA LEE Release 11456 2011 1205 - 381407 1202 - 389283 PERRY , JR , KENNETH BERT Release 13588 2011 1202 - 343549 1111 - 363103 HARVEY , ASHLEE MICHELLE Overpayment 10182 2011 1205 - 380985 1202 - 397941 FOSCUE , JR , JOHN ROBERT Release 17103 2011 1108 - 265682 1105 - 279776 SPARKS , LAWRENCE DARRELL Overpayment 58100 2011 1111 - 306818 1108 - 326722 POPE , JOSEPH BRIAN Overpayment 11925 2011 1202 - 341590 1111 - 363848 KNIGHT , RONNIE STEVEN Release 31095 2011 1111 - 315096 1108 - 326704 SMITH , REBECCA HOLLOMAN Overpayment 17053 2011 1205 - 379677 1202 - 396210 BAKER , CHARLES RUDOLPH Release 10164 2011 1205 - 379690 1202 - 398429 BANKS , CHRISTIAN EMANUEL Release 13855 2011 1107 - 256884 1104 - 262458 JOHNSON , BRITTANY LEE Release 16434 2011 1205 - 381292 1202 - 397573 MEINERT , RUSSELL EDWARD Release 15926 2011 1202 - 343078 1111 - 359513 COCHRAN , DONNELL RAYFORD Release 10979 2011 1201 - 337033 1110 - 351400 CASEY , BRANDON KEITH Tag Surrender 24047 2011 1205 - 387582 1202 - 402559 DENNING , MARY MANGUM Release 17679 2011 1205 - 381260 1202 - 397187 MASSEY , KRISTOPHER DAIL Release 19017 2011 1205 - 382396 1202 - 396358 RABON , 2ND , CLARENCE Release 22088 2011 1203 - 354999 1112 - 374090 OCEAN - CARTER , SHARON DENISE Overpayment 18128 2011 1205 - 388325 1202 - 399423 INFINITY FIRE PROTECTION Release 13396 2011 1205 - 388324 1202 - 398226 INFINITY FIRE PROTECTION Release 13396 2011 1107 - 251519 1104 - 262865 NELSON , PAUL EDWARD Overpayment 45580 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 4 16 2012 10 07 22 AM sgarner 2011 - 9394 10766300 BLACKMAN , GLENN E 16580 4 18 2012 12 10 22 PM sgarner 2011 - 85206 2000063170 TART , DOUGLAS 1,29560 5 7 2012 08 30 55 AM aheath 2011 - 18735 2000087759 COLEY , MAURICE B 28961 5 9 2012 12 40 32 PM aheath 2011 - 30886 2000108100 FUENTES MUNOZ , ELIOENAI 10201 5 9 2012 12 57 05 PM aheath 2011 - 78902 2000146281 SIPS & SUNDAES LLC + 18785 5 9 2012 03 49 39 PM aheath 2012 - 200448 2000138876 FLORES , FLORENTINO 11506 5 9 2012 03 54 20 PM aheath 2012 - 200447 2000138876 FLORES , FLORENTINO 13459 5 9 2012 04 23 33 PM aheath 2012 - 200446 2000138876 FLORES , FLORENTINO 15394 5 9 2012 04 34 32 PM sgarner 2012 - 200086 2000072309 EVANS , PEARL ALLEN LF ESTATE 42063 5 9 2012 04 43 28 PM sgarner 2012 - 200085 2000072309 EVANS , PEARL ALLEN LF ESTATE 42063 5 9 2012 04 48 01 PM sgarner 2012 - 200154 2000062304 EASON , MAMIE 12324 5 9 2012 05 02 06 PM sgarner 2011 - 201169 22160760 CREECH , S ASHLEY 16628 5 9 2012 05 03 44 PM sgarner 2011 - 201170 22160760 CREECH , S ASHLEY 11325 5 9 2012 05 05 42 PM sgarner 2011 - 201171 22160760 CREECH , S ASHLEY 11325 5 9 2012 05 07 02 PM sgarner 2011 - 201172 22160760 CREECH , S ASHLEY 11325 5 9 2012 05 14 19 PM sgarner 2012 - 200154 2000062304 EASON , MAMIE - 12324 5 9 2012 05 20 20 PM sgarner 2012 - 200084 2000072309 EVANS , PEARL ALLEN LF ESTATE 42829 5 10 2012 01 40 10 PM aheath 2011 - 17172 2000042125 CHAVEZ , GABRIEL P 17550 5 11 2012 11 59 21 AM sgarner 2011 - 24378 2000126404 DIAMOND , ROY D 11314 5 11 2012 02 11 08 PM aheath 2011 - 201264 2000061066 JAIMES , GABRIEL CORNEJO 15232 5 11 2012 02 17 24 PM aheath 2011 - 11460 2000119618 BRASWELL , CRYSTAL MICHELLE 48321 5 15 2012 04 23 18 PM cfutch 2011 - 200839 2000133325 FULLER , HOYTE B 19010 5 15 2012 04 32 39 PM cfutch 2011 - 33103 2000143565 GONZALEZ , MARILU 30791 5 15 2012 04 48 06 PM cfutch 2012 - 200416 2000162897 CLOVERLEAF COLD STORAGE CO 2,06054 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 4 16 2012 12 19 50 PM jdunn 2011 - 29234 2000052764 FIGGINS , CLARENCE A 27387 4 16 2012 01 04 58 PM kgalindo 2011 - 72721 2000142719 REGEV , MENASHE 32317 4 17 2012 08 11 24 AM cfutch 2011 - 14829 2000038371 CALDERA , GABRIEL 49823 4 24 2012 12 37 38 PM LOCKBOX 2011 - 71818 2000078962 RAINS , NANCY J 16227 4 27 2012 08 32 12 AM jmorrow 2011 - 76234 2000069047 SANCHEZ , JANET 26585Page834 June 4 , 2012 – 10 00 am Continued 4 27 2012 02 39 47 PM jmorrow 2011 - 6819 2000062937 BARNES , WARREN 17500 4 27 2012 03 56 54 PM jmorrow 2011 - 73262 2000090580 RHODES , JODY ALLEN 40000 4 30 2012 09 45 17 AM jmorrow 2011 - 94712 2000131410 WILSON ENTERPRISE INC + 12070 4 30 2012 03 53 56 PM jmorrow 2011 - 46213 2000052829 JONES , EDWARD EARL & 17171 4 30 2012 04 56 13 PM jdunn 2011 - 15167 2000022729 CANNADY , IRENE H 20000 5 11 2012 02 20 27 PM tgreen 2011 - 5622 2000150641 BARBOUR , MICHELLE B 64704 5 15 2012 12 58 36 PM jdunn 2011 - 85567 2000148679 TAYLOR , ELEANOR RAY 49696 5 15 2012 04 24 10 PM cfutch 2011 - 200839 2000133325 FULLER , HOYTE B 19010 5 15 2012 04 33 13 PM cfutch 2011 - 33103 2000143565 GONZALEZ , MARILU 30791 5 15 2012 04 48 24 PM cfutch 2012 - 200416 2000162897 CLOVERLEAF COLD STORAGE CO 2,06054 May 21 , 2012 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 , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 4 16 12 to 5 15 12 Tax refunds - Personal Real Property 32352 Tax releases - Personal Real Property 63931 Motor Vehicle releases refunds 7,34787 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 4 Public Comments A Recognition of 911 Telecommunicator of the Year for 2012 – Tina Parker Director of 911 - Communications Jason Barbour recognized Tina Parker who was selected as the 2012 Telecommunicator of the Year for Johnston County 911 Mr Barbour reported Ms Parker has been an employee since 2006 and she does an outstanding job for the County The Board congratulated Ms Parker on the achievement B Bob Geolas , President of the Research Triangle Foundation Mr Bob Geolas , President of the Research Triangle Foundation , addressed the Board Mr Geolas was recently appointed as the President of the Foundation which oversees the Research Triangle Park He provided the Board with a background on the Park and it’s accomplishments over the years Mr Geolas also updated the Board on plans and goals for the future He introduced Mason Ailstock as the new Vice President of Business Development who will be leading collaborative efforts outside the Park Mr Geolas reported that even with the slowdown in the economy , approximately 600 million worth of investment is being created at the Park He stated the goal is to finish the new master plan which will allow for redevelopment within various areas of the Park in order to provide more amenities to companies Mr Geolas also stressed the need to make sure the Park is connecting not only with large corporate entities , but also is diversifying to connect with the newer technology worker to encourage growth Mr Geolas stated the Park must be considered a great asset for the region and they must work with the local County Managers and economic development teams to make sure that opportunities are available to other areas in North Carolina Mr Geolas stated the main goal is to improve the quality of life for North Carolina and create jobs The Board thanked Mr Geolas for attending the meeting and sharing the information C Reminder of Upcoming Veterans Health Fair Mr Rudy Baker , Chairman of the Veterans Services Advisory Board , reminded everyone of the upcoming Veterans Health Fair event to be held on June 23 , 2012 from 10 00 am until 2 00 pm at the Johnston Medical Mall in Smithfield Mr Baker noted that representatives from the Durham VA Medical Center will be in attendance as well as an enrollment team will be on hand He also noted the School of Pharmacy at Campbell University has agreed to set up a table and help with blood pressure checks and distribute diabetes education Mr Baker stated a news release will be going out next week and he asked the Board to help spread the word on the event Upon questions , Mr Baker stated for those veterans that have no transportation , arrangements will be made to help them attend the event PagePage pageNumber5835 June 4 , 2012 – 10 00 am Continued D Comments from Dennis Nielsen Dennis Nielsen , Nashville Guns , 10501A NC Hwy 70 , Clayton , addressed the Board regarding his ongoing matter of trying to obtain a machine gun permit from the Johnston County Sheriff’s Office Mr Nielsen submitted a copy of a letter dated May 29 , 2012 from The Mitchell Law Group that was in response to his public records request Mr Nielsen expressed his concerns to the Board that the letter from The Mitchell Law Group is insulting and does not complete his request for information Mr Nielsen informed the Board that he has composed a 14 - page letter outlining violations of constitutional rights and state laws and will be forwarding the letter to the Attorney General of the United States , the Director for the Bureau of Alcohol Tobacco and Firearms , the Governor of North Carolina , his two US Senators , his US Representative , the NC Senate Pro - Tem , the NC Speaker of the House , the American Civil Liberties Union , the NRA , and the Johnston County District Attorney Mr Nielsen stated he has destroyed the machine gun that he was trying to obtain a permit for ; however , he plans to acquire another machine gun in July and the permit process will begin again at that time Commissioner Tony Braswell commented that the Sheriff is responsible for the upholding the rules regarding machine gun permits ; not the County or the County Commissioners Commissioner Braswell stated when Mr Nielsen refers to the “ County ” , he would like to clarify that it is the Sheriff that has full authority on the matter and not the County Commissioners Chairman Allen L Mims , Jr agreed and added the State makes the laws for machine gun permits and in that the Sheriff is charged with upholding those laws , the final decision is within the Sheriff’s discretion as to who gets a permit Commissioner Braswell stated the County does not dictate to the Sheriff on who he does or does not issue machine gun permits to E Virtual Hospital Update by Dr David Johnson , President of Johnston Community College Johnston Community College President Dr David Johnson updated the Board on the proposed virtual hospital planning project Dr Johnson presented a draft floor plan to the Board and stated the College will begin reviewing all the work that has been done up to this point in an effort to access available funding sources for the project Dr Johnson stated an internal committee has been formed to work on the project as well as the College is identifying an external leadership committee which will help with making the appropriate contacts for soliciting and receiving funding Dr Johnson stated he does not know what the project will cost , but he is willing to continue efforts in obtaining external funding sources to provide a state - of - the - art facility at the Community College and he noted the effort will be a partnership At the inquiry of Commissioner Jeffrey P Carver , Dr Johnson stated the plans are for the virtual hospital to be located in the old library section at the College which is adjacent to the Health Sciences Building and the Nursing Program classes Commissioner Tony Braswell asked about a partnership with Johnston Health Dr Johnson stated the College will continue to work towards a partnership with Johnston Health in that Johnston Health will be an important part of the team Chairman Allen L Mims , Jr stated when the virtual hospital idea was initially proposed to the Board a few years ago , the Commissioners were in support of the idea because it would allow for an expansion of the Nursing Program at the College Chairman Mims continued that at the beginning , Johnston Health was the driving force behind the project ; however , it seems that since that time , other projects and issues have arisen at the hospital which has shifted their focus Chairman Mims stated the College needs to know if there is interest in going forward with the virtual hospital idea because if not , there are other things that can be done with the old library space Chairman Mims added that even if the funding to construct the virtual hospital can be secured , the County will be responsible for the upkeep and maintenance Chairman Mims stated he thinks the Board needs to discuss the issue further and let the College know if the County is going to be in support of the project Dr Johnson stated he would be happy to meet with the Board at any time to discuss the project and he would welcome any of the Commissioners serving on the planning committee PagePage pageNumber6836 June 4 , 2012 – 10 00 am Continued Commissioner Cookie Pope stated everyone is in support of creating jobs and she believes that the healthcare profession is hiring and the Board would like to help with the process 5 Public Hearing – Proposed FY 2012 - 2013 County Budget Advertised – The Smithfield Herald – May 23 and 30 , 2012 The Chairman opened the public hearing , and stated the purpose of the hearing is to allow public comment on the proposed FY 2012 - 2013 County budget The proposed budget and budget message have been completed and copies are available for distribution County Manager Rick Hester requested the budget message be inserted into the minutes , as follows Johnston County Fiscal Year 2012 – 2013 Budget Message Dear Board Members The proposed Fiscal Year 2012 - 2013 General Fund budget is respectfully presented for your consideration The proposed budget is 172 million and maintains the current tax rate of 78 cents per 100 valuation Based on current cash flow calculations , the fund balance percentage on June 30 , 2013 is projected to meet the 15 requirement , per the adopted Financial Policy Guidelines No reserves have been appropriated to balance the proposed budget A key aspect of this proposed budget is that the full projected allocation of lottery funds is budgeted at 39 million Please note that if the State of North Carolina had not recently taken 44 million dollars from Johnston County over the last two fiscal years , and would fund the full allocation for FY 2012 - 2013 , the projected fund balance as of June 30 , 2013 would likely exceed 18 Revenues Following are a few of the County’s major revenue sources with FY 11 - 12 and FY 12 - 13 information Budgeted FY 11 - 12 Projected 6 30 12 Budgeted FY 12 - 13 Ad Valorem 920m 922m 948m Sales Tax 226m 244m 246m Vehicle Taxes 93m 95m 96m Notable Expenses • The proposed budget for Johnston County Schools is 492 million , which is the projected target for low wealth funding Low wealth funding for Johnston County Schools from the State of North Carolina usually exceeds 10 million • Johnston Community College is proposed at 4 million for current expense and capital outlay funding , which is the same level as the current FY 11 - 12 year • Debt service is projected to be 33 million • A 2 cola is proposed for employees New Positions There are no new positions proposed , other than the EMS related positions that are part of the new county - managed EMS operations for the Princeton and Clayton areas Please keep in mind that it is possible the Town of Smithfield will formally request the County to provide EMS services for the Smithfield area Funding is provided in the proposed budget , in the event the County provides that service in the Smithfield area in FY 12 - 13 New Fees Proposed There are proposed fee adjustments for Public Utilities which are non - General Fund accounts , known as enterprise funds The proposed increases are • Bulk Water Supply An increase of 5 cents per 1,000 gallons in the commodity charge is proposed The unit commodity charge would increase from 195 to 200 per 1,000 gallons PagePage pageNumber7837 June 4 , 2012 – 10 00 am Continued • Retail Water Service An increase of 5 cents per 1,000 gallons in the commodity charge is proposed The unit commodity charge would increase from 310 to 315 per 1,000 gallons • Bulk Water Assessment Fee for capacity An increase of 25 cents per gallon per day is proposed The fee would increase from 300 to 325 per gallons per day • Retail Water Assessment Fees for capacity An increase from 500 to 540 for residences is proposed An increase from 300 to 325 for commercial and industrial development is proposed • Bulk Wastewater Treatment An increase of 15 cents per 1,000 gallons in the commodity charge is proposed The unit commodity charge for treatment would increase from 250 to 265 per 1,000 gallons • Retail Wastewater Service An increase of 500 in the monthly minimum charge is proposed The charge would increase from 1500 to 2000 An increase of 15 cents per 1,000 gallons in the commodity charge is proposed The unit commodity charge would increase from 465 to 480 per 1,000 gallons The average monthly wastewater service charge for residences using 4,500 gallons of water would increase from 3593 to 4160 • Retail Wastewater Assessment Fee for capacity An increase of 600 is proposed in the residential wastewater assessment fee The fee would increase from 2,400 to 3,000 An increase of 250 per gallon per day is proposed in the commercial and industrial wastewater assessment fee The fee would increase from 1000 per gallon per day to 1250 per gallon per day With the exception of the water and wastewater assessment fees for the purchase of capacity , staff recommends all other fee adjustments be implemented for services beginning on July 1 , 2012 Staff recommends the effective date for the adjusted water and wastewater assessment fees to be January 1 , 2013 With the proposed water fee adjustments , staff anticipates no proposed adjustments over the next two 2 fiscal years Also , with the proposed wastewater fee adjustments , staff anticipates no proposed adjustments over the next two 2 fiscal years , provided strategies for increasing wastewater revenue materializes I look forward to working with you during the upcoming budget meetings in June In the interim , please let me know if I can provide additional information Sincerely , Rick J Hester County Manager The Board briefly discussed scheduling additional special meetings for the budget consideration It was the consensus of the Board to review their calendars and set the meetings at the 6 00 pm meeting Note At th th the 6 00 pm meeting , the Board scheduled additional budget meetings to be held on June 20 and 25 at 6 00 pm to be held in the Board of Commissioners Meeting Room , Johnston County Courthouse There being no further comments , the Chairman closed the public hearing 6 Public Hearing – Code of Ordinance Amendment – Section 10 – Franchise Required Advertised – The Smithfield Herald – May 23 and 30 , 2012 The Chairman opened the public hearing for the purposes of allowing public comment on a proposed ordinance amendment to Section 102 – Emergency Medical Services Franchise Required EMS Division Chief Josh Holloman explained that fire departments which provide medical responder services are currently franchised as required by the ordinance ; however , other fire departments that do not provide medical responder services , are occasionally called upon to assist EMS crews and are not franchised Under the ordinance as currently written , these other departments would need to be franchised to continue providing assistance Mr Holloman stated the proposed ordinance amendment would allow non - transport agencies to be called upon for assistance , in emergency situations , without them having to obtain a franchise Upon questions by Commissioner Wade M Stewart , Mr Holloman stated staff plans to work with EMS Medical Director Dr Hartman to come up with a list of requirements that the non - franchised departments would have to meet in order to respond to emergencies He noted staff would work with those departments on meeting and maintaining the requirements PagePage pageNumber8838 June 4 , 2012 – 10 00 am Continued Commissioner Tony Braswell asked how many fire departments presently hold first responder franchises and would the amendment deter any of the other departments from wanting to obtain franchise status Assistant Emergency Services Director Chris Perry reported there are presently 18 fire departments that hold first responder franchises leaving 6 departments not franchised Mr Perry stated there are many more requirements that fire departments must complete in order to become first responder franchised and Emergency Services would continue to encourage the other departments to obtain that status He stated the amendment would allow those non - franchised departments to provide assistance when needed There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the following amendment to Section 10 – Emergency Medical Services of the Johnston County Code of Ordinances Johnston County Code of Ordinances Section 10 – Emergency Medical Services Section 10 - 2 Franchise Required a No person , either as owner , agent or otherwise , shall furnish , operate , conduct , maintain , advertise , or otherwise be engaged in or profess to be engaged in the business or service of emergency and or nonemergency transportation of patients within the county unless the person holds a valid permit for each ambulance used in such business or service issued by the State Department of Human Resources , Office of Emergency Medical Services , and has been granted a franchise for the operation of such business or service by the county pursuant to this chapter b No person shall drive an ambulance , attend a patient in one , or permit one to be operated when transporting a patient within the county unless he holds a currently valid certificate as a medical responder , EMT - basic , EMT - intermediate , or EMT - paramedic issued by the state department of human resources , office of emergency medical services In an emergency situation , a member of local fire department can operate an EMS vehicle as long as the member has completed the North Carolina Emergency Vehicle Driving course c No person , either as owner , agent or otherwise , shall furnish , operate , conduct , maintain , advertise , or otherwise be engaged in or profess to be engaged in the business or service of providing rescue services , first responder services , basic life support , advanced life support or advanced life support nontransporting services unless they have been granted a franchise for the operation of such business or service by the county pursuant to this chapter d c No franchise shall be required for 1 Any entity operated from a location or headquarters outside of the county in order to transport patients who are picked up beyond the limits of the county , to facilities located within the county , or to pick up patients within the county for transporting to locations outside the county ; but no such entity shall be used to pick up patients within the county for transporting to locations within the county or other locations unless it is rendering assistance to a franchised ambulance service in the case of a major catastrophe , mutual aid or emergency with which the services franchised by the county are insufficient or unable to cope as referred to in this subsection dc 1 ; or 2 An ambulance owned and operated by the state , county or an agency of the United States government 7 Public Hearing – JCATS – FY 2012 - 2013 ROAP Grant Funds Advertised – The Smithfield Herald – May 23 , 2012 Chairman Allen L Mims , Jr opened the public hearing for the purposes of allowing public comment on the proposed application to the NC Department of Transportation for a Rural Operating Assistance Program ROAP grant for FY 2012 - 2013 Lynn Lamberth , JCATS Transportation Manager , outlined the program totals of the proposed FY 2012 - 2013 ROAP grant as follows Ms Lamberth also noted that she had copies of the “ Voluntary Title VI Public Involvement ” form which collects information on race , color , national origin and gender of the attendees available , if anyone would like to complete the form PagePage pageNumber9839 June 4 , 2012 – 10 00 am Continued PROGRAM TOTAL EDTAP 101,750 EMPL 42,379 RGP 153,311 TOTAL 297,440 EDTAP – Elderly & Disabled Transportation Assistance Program EMPL – Employment Transportation Assistant Program RGP – Rural General Public Program The County funding is determined based on formula allocations summarized below • EDTAP Elderly and Disabled Transportation Assistance Program The following formula was used to determine the county allocation of the funds available 50 divided equally among all counties ; 22 ½ based upon the number of elderly 60 + years residents per county as a percentage of the state’s total elderly population ; 22 ½ based upon the number of disabled residents per county as a percentage of the state’s total disabled population ; and 5 based upon a population density factor that recognizes the higher transportation costs in rural , sparsely populated counties • Work First Employment Transportation Program The following formula was used to determine the county allocation of the funds available 10 divided equally among all counties ; 45 based upon the population of each county as a percentage of the total state population ; and 45 based upon the number of Work First caseloads per county as a percentage of the number of Work First caseloads in the state as of January prior to application distribution Excludes the municipal population for counties with urbanized areas within their boundaries • RGP Rural General Public Transportation Program The following formula was used to determine the county allocation of the funds available 50 divided equally among all eligible counties ; and 50 based upon the rural population of each county as a percentage of the total state rural population Excludes the municipal population for counties with urbanized areas within their boundaries The chart below summarizes funding allocated to Johnston County for Fiscal Year 2011 , and the reduced funding for 2012 and 2013 FY2011 ROAP FY2012 ROAP FY2013 ROAP Funds Funds Funds 353,993 283,299 297,440 20 reduction 16 reduction from FY2011 from FY2011 Ms Lamberth requested the Board to approve the application and authorize Community and Senior Services of Johnston County and the CTS Advisory Board of Directors to apply for a ROAP grant for FY 2012 - 2013 There being no further comments or questions , the Chairman closed the public hearing Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the application and authorized Community and Senior Services of Johnston County and the CTS Advisory Board of Directors to apply for a ROAP grant for FY 2012 - 2013 8 Alzheimers North Carolina , Inc Presentation Anne Paugh , Outreach and Community Development Director for Alzheimers North Carolina , Inc ANCI , addressed the Board and provided a history and background on ANCI Ms Paugh informed the Board that ANCI was established and incorporated as a nonprofit by family members and professionals in an effort to provide information , education , programs , services , advocacy , research funding , and counseling for families andPage0840 June 4 , 2012 – 10 00 am Continued professional throughout Eastern North Carolina Ms Paugh reported that in 2009 , the ANCI Board voted to disaffiliate from the national Alzheimer’s Association in order to focus all resources and funding on the mission of providing hands - on assistance to those patients and their caregivers in local North Carolina communities Ms Paugh stated ANCI provides supports groups in almost every eastern North Carolina County as well as they offer a lending library and a DVD that was created for use by the local nursing homes and assisted living facilities Ms Paugh reported ANCI also provides resources to families and directs and guides them so they can get the help that they need Ms Paugh noted ANCI recently visited Washington DC to speak out against the Federal Government’s efforts to eliminate the memory care units located in the assisted living facilities She continued that ANCI worked for many years to put the units in the facilities in order to separate Alzheimer’s and dementia patients from the regular nursing home patients She stated the Federal Government now wants to reintegrate those patients back into the regular nursing home population Ms Paugh stated ANCI also provides money for research and has given 12 million in the last few years to the Duke and UNC Alzheimer’s Research Centers She reported the disaffiliation from the national association in 2009 has allowed for 100 of the funds raised in North Carolina to remain local whereas before , 40 of the funding was being sent to the national office Ms Paugh presented brochures to the Board about the programs and services offered by ANCI Upon a question by Commissioner Tony Braswell , Ms Paugh stated presently there are memory care units in many of the assisted living facilities and some nursing homes ; however , the Federal Government is trying to disband those units and integrate the patients back into the regular nursing home population Ms Paugh stressed that ANCI is fighting that initiative and reiterated that it took many years in order to establish the memory care unit program so Alzheimer’s and dementia patients could get the specialized care they need The Board thanked Ms Paugh for the information and for the work by ANCI 9 North Carolina Forest Service – Green Infrastructure Assessment Presentation Alan Moore , Eastern Region Urban Forestry Specialist with the North Carolina Forest Service , presented the final report on the Green Infrastructure Assessment to the Board Mr Moore explained that the project was funded with a grant and since the assessment has been completed , the Forest Services wishes to close out the project Mr Moore reviewed the following PowerPoint Presentation with the Board Previous Presentations to Board of Commissioners JOHNSTON COUNTY ? August 2008 GREEN INFRASTRUCTURE ? Introduced project ? April 2009 ? Approval for County staff involvementPage1841 June 4 , 2012 – 10 00 am Continued Johnston County Johnston County Natural Resource Green Infrastructure Project Initiative Johnston County Natural Resource Johnston County Natural Resource Initiative Initiative ? Public meetings ? Project goal Develop and promote strategies for conservation of natural resources ? March 2009 ? November 2009 ? September 2010 ? Workshop ? September 2010 Johnston County Natural Resource Johnston County Natural Resource Initiative Initiative Green Infrastructure Assessment Green Infrastructure Assessment Report Report ? Descriptions and Assessments ? Executive Summary ? Descriptions of natural resources ? Assessment of threats , conditions , and trends ? Steps for green infrastructure planningPage2842 June 4 , 2012 – 10 00 am Continued Green Infrastructure Assessment Johnston County 2030 Comprehensive Report Plan ? Steps for green infrastructure planning ? Objectives to accomplish ? 1 A ? 5 C ? 6 A - D ? 9 B ? 10 B ? 12 C Agricultural Development Plan for Johnston County What to do now ? Follow up with Johnston County Planning ? Focus Areas and Department Recommendations ? Report will be given to all communities ? Farm land conservation ? Technical assistance still available ? Policy ? Education Summary ? Project completed ? Brochures printed Thank You ? Report published ? Weave into other planning documents Alan Moore ? Available to all Johnston County Eastern Region Urban Forestry Specialist 919 - 857 - 4841 AlanMoore @ ncagrgov Commissioner Cookie Pope asked if a copy of the assessment had been provided to the Soil & Water Conservation Office as well as the Cooperate Extension Department Mr Moore confirmed that he would be meeting with those agencies and providing them with a copy of the assessment in the near future Commissioner DeVan Barbour noted the sections in the assessment regarding endangered plants and animals and he questioned how those issues would affect future planning and development decisions Mr Moore stated the assessment can be used as a guide by the Planning Department as the County continues to develop The Chairman excused Commissioner Jeffrey P Carver at 11 00 am from the meeting to attend to a previously scheduled matter Page3843 June 4 , 2012 – 10 00 am Continued 10 Health Department – Proposed Amendment to Environmental Health Fee Schedule Environmental Health Director Larry Sullivan reported the Health Department is requesting the Board to approve an amendment to the Environmental Health Fee Schedule regarding plan review fees Mr Sullivan explained that in 2002 , the North Carolina General Assembly passed legislation that allowed local health departments to assess plan review fees for certain types of food service establishments A fee schedule was adopted by the Board of Commissioners in 2003 for such fees ; however , a plan review fee for mobile food units and push carts was omitted at the time due to the fact that very few were being permitted Mr Sullivan stated the Environmental Health Office has seen an increase in mobile food units and push carts due to the increased number of weekend food events and flea markets He asked the Board to approve an amendment to the fee schedule that would implement a plan review fee for mobile food units and push carts at a rate of 5000 per unit Mr Sullivan noted Environmental Health now permits approximately 18 – 20 units per year and the surrounding counties are also implementing similar charges Mr Sullivan stated the Health Board has recommended approval Upon a question by Chairman Allen L Mims , Jr , Mr Sullivan stated the plan review fee would be a onetime charge at the time the food unit is purchased He stated if the unit is sold to another individual , Environmental Health would request that unit to be resubmitted to ensure it is still up to code Commissioner DeVan Barbour asked if the fee would be charged again if the unit was to fall out of compliance and the permit revoked Mr Sullivan responded Environmental Health would probably not charge the fee a second time if it is only a matter of reissuing the permit Commissioner Tony Braswell asked if Environmental Health would charge the fee if the unit had already been permitted in another County Mr Sullivan responded if the unit has a permit from another County , then the fee would not be required in Johnston County At the inquiry of Commissioner Cookie Pope , Mr Sullivan stated the fee would only be applicable to mobile food units and push carts that cook potentially hazardous foods Commissioner Wade M Stewart asked about clubs and or organizations that have tag - along vans or push carts where they attend festivals and cook items such as hotdogs Commissioner Stewart stated he thought that there was a permit fee each time that unit attended a different festival Mr Sullivan clarified that Commissioner Stewart is referring to a Temporary Food Establishment TFE Permit which is different from the proposed plan review fee for mobile food units and push carts He stated the TFE allows vendors to set up for single or multiple day events only Upon a question by Commissioner Pope , Mr Sullivan stated permits are not required for non - profit events Commissioner Stewart expressed concerns with adding another fee and how it could potentially impact vendors at festivals Commissioner Jeffrey P Carver rejoined the meeting at 11 10 am Commissioner Braswell stated he understands and respects the concerns by Commissioner Stewart ; however , he noted that Environmental Health is charged with the responsibility of ensuring that food is being safely served to the citizens Commissioner Barbour stated he probably deals with food vendors more than most and he feels that Environmental Health is doing an excellent job Commissioner Barbour noted many times there are multiple follow up visits to ensure the mobile food units are in compliance Page4844 June 4 , 2012 – 10 00 am Continued Motion and Second to approve fee schedule amendment Commissioner Tony Braswell moved the Board approve the amendment to the Environmental Health fee schedule that would implement a plan review fee for mobile food units and push carts at a rate of 5000 per unit effective July 1 , 2012 Commissioner Jeffrey P Carver seconded the motion Commissioner Wade M Stewart stated he has great respect for the Environmental Health Department ; however , at this time he cannot support any type of increase in fees , fines , or taxes until such time as the citizens are better able to afford it Commissioner Cookie Pope agreed with Commissioner Stewart Vote The motion carried by the following vote Ayes Commissioners Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , Tony Braswell , and DeVan Barbour Nays Commissioners Wade M Stewart and Cookie Pope 11 Public Utilities – Request to Declare Vehicles as Surplus Tim Broome , PE , Director of Utilities and Engineering , requested the Board to declare the following vehicles surplus that have been replaced in this year’s budget and were formerly used by the Construction and Maintenance Division He stated the vehicles will be sold at the next available public auction held by the County , to be scheduled at a later date • 2005 Chevy pickup with 207,150 miles , VIN # 3GCEC14X86G177555 , Asset No 18708 • 2006 Chevy pickup with 212,650 miles , VIN # 3GCEC14X86G190838 , Asset No 18707 • 2006 Chevy pickup with 247,725 miles , VIN # 3GCEC14X56G241342 , Asset No 15017 • 2003 Chevy pickup with irreparable engine damage , VIN # 1GCCS14H338101732 , Asset No 18319 • 1998 GMC pickup with 142,270 miles , VIN # 1GTEK14W7WZ512380 , Asset No 11909 Mr Broome further requested the Board to declare the following vehicle surplus that was involved in an accident and is considered a total loss • 2007 Chevy pickup with 182,000 miles , VIN # 3GCEC14XX7G147491 , Asset No 15033 Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner DeVan Barbour , and carried unanimously , the Board declared all the above listed vehicles surplus and approved for the first five to be sold at the next available public auction to be scheduled at a later date 12 Public Utilities – Bulk Water Purchase Agreement with City of Wilson [ Agreement rescinded by Board action on 11 05 12 – Reference Minute Book 28 , Pages 142 - 147 ] Tim Broome , PE , Director of Utilities and Engineering , reported that following several years of negotiation , Johnston County now has an opportunity to enter into an agreement with the City of Wilson for purchase of a bulk water supply allocation He reviewed the following salient terms of the agreement • An allocation of 15 MGD will be reserved for Johnston County for a period of 20 years • The fee for the allocation is 4,395,000 , payable in five annual installments of 879,000 • The minimum required purchase amount starts at 50,000 gpd in year one , increases to 500,000 gpd by year five , and remains at 500,000 gpd for the term of the agreement • The point of delivery is an existing 12 ” water main on NC 42 East at the Wilson County line • The initial commodity cost is 268 per 1,000 gallons and is subject to adjustment annually in proportion to adjustment in rates for the City’s other water customers Mr Broome reported the City must construct a booster pump station and transmission main and enter an agreement with Wilson County for transmission of the water to be supplied through Wilson County’s distribution system Another booster pump station must be constructed at the point of supply by JohnstonPage5845 June 4 , 2012 – 10 00 am Continued County Mr Broome reported staff requests the Board to approve the bulk water purchase agreement between the County and the City of Wilson and he offered to answer any questions At the inquiry of Commissioner Wade M Stewart , Mr Broome reported the North Carolina Department of Environment & Natural Resources limits Johnston County and the Town of Smithfield to the removal of 19 million gallons per day gpd from the Neuse River Mr Broome stated the County is presently maxed out as to what it can take from the river and must rely on alternate sources Mr Broome stated after the County uses up the allocated 25 million gpd from Harnett County , 2 million gpd from Smithfield and other sources , the County would need to proceed with construction on the lower Neuse supply , if additional allocations cannot be purchased Mr Broome stated the objective of the purchase from the City of Wilson is to buy enough capacity so the lower Neuse supply construction project can be postponed County Manager Rick Hester noted the allocation would also provide the County with another emergency connection Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the following bulk water purchase agreement with the City of Wilson [ Agreement rescinded by Board action on 11 05 12 – Reference Minute Book 28 , Pages 142 - 147 ] Bulk Water Purchase Agreement Between City of Wilson and Johnston County THIS AGREEMENT , made and entered into this ____ day of June 2012 , by and between JOHNSTON COUNTY hereinafter referred to as “ County ” , and the CITY OF WILSON hereinafter referred to as “ City ” , is for the sale by the City and purchase by the County of bulk water supply The County and the City are hereinafter referred to collectively as the “ Parties ” and this Bulk Water Purchase Agreement between City of Wilson and Johnston County is hereinafter referred to as the “ Agreement ” WITNESSETH WHEREAS , County desires to purchase bulk potable treated water from the City , and the City desires to sell bulk potable treated water to the County ; and WHEREAS , the County desires to supply potable water purchased from the City to its current and future water customers ; and WHEREAS , for the City to supply potable water to the County , the water must be transferred through pumping and pipeline facilities owned and operated by the City and pumping and pipeline facilities owned and operated by Wilson County to the Point of Delivery herein stated ; and WHEREAS , the Parties desire to set forth herein their mutual understanding of the terms under which the City will sell the County bulk potable treated water and the County will purchase from the City bulk potable treated water NOW , THEREFORE , subject to the terms and conditions herein , for and in consideration of the mutual promises , powers and duties hereinafter set forth to be performed by each , the sufficiency of which are acknowledged by the Parties , and intending to be legally bound hereby , the County and City mutually do agree as follows THE CITY AGREES AS FOLLOWS A The City agrees to supply potable treated water to the County at the maximum average daily per month water supply allocation amounts as set forth in section 1 B herein beginning on July 1 , 2012 , and ending on June 30 , 2032 , unless extended as hereinafter provided The maximum average daily supply per month is defined as the total water used over a monthly period divided by the number of days in the month For example , the maximum delivery per month for June 1 - 30 during FY 2016 - 2017 would be 30 million gallons total divided by 30 which would equal the maximum average daily amount of 1,000,000 gallons per day gpd The Point of Delivery will be a meter at the existing 12 ” Wilson County water main on NC 42 at the Wilson County – Johnston County line The peak rates of delivery shall not exceed the limits specified in section 1 B except for a Short - Term Emergency , and at a volume as agreed upon by the City and County , and as approved by NCDENR if required “ Short - Term Emergency ” is defined as water required for fire - fighting , as short term supplemental supply when another of the City or County’s supply sources is interrupted , and as high demand resulting from a main break or other system failure Drought is not a Short - Term Emergency unless agreed by both Parties in writing In the event of a Short - Term Emergency , or other condition or emergency which may directly or indirectly affect the quantity or quality of the water delivered herein , the Parties agree to immediately contact each other’s utility personnel and inform that such Short - Term Emergency or condition exists specifying the reason for said Short - Term emergency or other condition B The water supply allocations and allowable peak rates of withdrawal shall be as follows Max Avg Daily Supply per Month Allowable Peak Withdrawal FY 12 - 13 100,000 gpd 70 gpm Before City Pump Station FY 12 - 13 300,000 gpd 250 gpm After Pump Station Completed FY 13 - 14 450,000 gpd 375 gpmPage6846 June 4 , 2012 – 10 00 am Continued FY 14 - 15 600,000 gpd 500 gpm FY 15 - 16 750,000 gpd 600 gpm FY 16 - 17 1,000,000 gpd 850 gpm Duration of term 1,500,000 gpd 1,050 gpm C The City will provide potable treated water to the County meeting the standards and requirements of the State of North Carolina , Department of Environment and Natural Resources - Division of Water Resources and the US Environmental Protection Agency , as such standards now exist or hereafter may be amended or supplanted , at the Point of Delivery , and the City will endeavor to sustain delivery without interruption However , neither the delivery rate , continuity of supply , nor water quality can be guaranteed due to circumstances which can be beyond the control of the City , including but not limited to force majeure , problems within the Wilson County Water System , mechanical breakdowns , power outages , or other short - term emergencies The City assumes no liability for interruptions in service or temporary deviations in water quality The City also makes no warranty , expressed or implied , as to the quality of water beyond the metered Point of Delivery The County shall be solely responsible for the delivery and quality of water beyond the Point of Delivery The County agrees to indemnify and hold harmless the City from and against any and all losses , cost , claims , damages , and expenses , including but not limited to reasonable attorney’s fees , which the City may incur in any manner arising out of or connected with the quality of water beyond the metered point Water shall be delivered at the standard pressure of the Wilson County system for the Point of Delivery area tank which is currently at 360 ft msl maximum If a greater pressure or added disinfectant than that normally available at the area of the Point of Delivery is necessary or required by the County , the cost thereof shall be the sole responsibility of Johnston County In the event the quality of water delivered to the Point of Delivery does not meet regulatory standards or in the event minimum contractual purchase quantities cannot be delivered , then the required minimum monthly purchase volume shall be prorated reduced accordingly D The City will , at all times , operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the County with the quantities of water required by the County , except as provided in paragraph 1 C herein Temporary or partial failure to deliver water shall be remedied with all possible dispatch In the event of an extended shortage of water , or the supply of water available to the City is otherwise diminished over an extended period of time , the supply of water available to the County shall be reduced or diminished in the same ratio or proportion as the supply to the City’s other bulk customers is reduced or diminished E During an emergency event wherein the flow of water is reversed through the line and Johnston County supplies the City with water , the City agrees to pay the County for all bulk water supplied by the County to the City on an emergency basis a commodity charge equal to the commodity charge for water supplied by the City to the County The amount of water supplied shall be as agreed upon by both parties as per paragraph 1 A above F The City agrees to enter into an inter - local agreement with Wilson County to insure that water in the amounts and consistent with the quality specified herein shall be delivered to the County The City’s ability to provide water to the County is expressly subject to it reaching an agreement with Wilson County for the transportation of such water through the Wilson County water system If for any reason Wilson County shall fail to enter an agreement with the City for the delivery of water to the County , then the City shall be relieved of any and all obligations to provide water to County under the terms of this Agreement G In furtherance of their obligations under this Agreement , the City shall bear the cost of constructing , maintaining , and operating a pump meter at the Interstate 95 and NC 42 interchange sufficient to supply water to the Point of Delivery H The City shall invoice the County monthly for water supplied to the County pursuant to this Agreement The commodity charge shall be 285 per 1,000 gallons in FY 12 - 13 The commodity charge may be adjusted annually upon 90 days written notice Such adjustments must be reasonable and shall be at the same percentage rate of increase as the City charges to its other existing retail customers for any given year and shall not be adjusted more than annually 2 THE COUNTY AGREES AS FOLLOWS A The County agrees to pay the City , in addition to the commodity charge , an annual capacity charge for the supply allocation in the amounts and in accordance with the following schedule FY 12 - 13 879,000 FY 13 - 14 879,000 FY 14 - 15 879,000 FY 15 - 16 879,000 FY 16 - 17 879,000 Payments shall be made on or before July 15 each year The necessary metering equipment , including continuous recording devices with flow totalizing capability shall be provided , owned , and maintained by County at its sole expense at the Point of Delivery to monitor allocated capacities defined herein County , using a certified third party , shall calibrate such metering equipment at a frequency of at least once every two 2 years and copies of the testing shall be made available for both Parties Either Party may request additional calibrations at its own expense A meter registering not more than two percent 2 above or below the test result shall be deemed to be accurate for the average of 2 different flow rates at half and full range of the current maximum gpm flow rate for the given year The previous readings at any meter disclosed by test to be inaccurate shall be corrected for the three 3 months previous to the test in accordance with the percentagePage7847 June 4 , 2012 – 10 00 am Continued of inaccuracy found by such tests If any meter fails to register for any period , the amount of water during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure , unless both Parties agree upon a different amount The metering equipment shall be read monthly by County between the 25th and 1st of each month and the results provided to the City City shall have access to the meter for the purpose of verifying its reading at any reasonable time upon request and shall have a key for access The County agrees to purchase a minimum average daily supply per month of water for all 12 months of each year as follows FY 12 - 13 50,000 gpd FY 13 - 14 225,000 gpd FY 14 - 15 300,000 gpd FY 15 - 16 350,000 gpd FY 16 - 17 400,000 gpd Duration of term 500,000 gpd This volume shall be a minimum amount billed on an average per month basis even if this amount is not utilized by the County For example , the minimum billed per month for June 1 - 30 during FY 2016 - 2017 would be 12 million gallons total divided by 30 which would equal the minimum average daily amount of 400,000 gallons per day gpd The minimum average daily purchase requirement shall begin one hundred fifty 150 days following the effective date of the agreement In event the concentrations of either total trihalomethanes TTHM’s or haloacetic acids HAA’s in the water supplied by the City to the County exceed 65 parts per billion ppb and 48 ppb , respectfully , the requirement for mandatory purchase of the minimum average daily amount shall be suspended until the concentrations of these constituents return to the levels stated above The County agrees to pay the City monthly for water purchased within 20 days from receipt of invoices ADDITIONAL COVENANTS AND AGREEMENTS Water Supply Guarantee City shall make available to the County a water supply allocation sufficient to meet the maximum average - daily supply per month and allowable peak withdrawal amounts set forth in Paragraph 1 B of this agreement , such that after five 5 years City shall make available to the County a water supply allocation of not less than 15 million gallons per day mgd The County shall purchase from the City a minimum amount of water per month as set forth in section 2 C of the Agreement County agrees that the County’s need for water supply is to augment the County’s existing supply for resale to customers within the County’s service area and individual customers of the County have no claim to the water supply or water service as a result of this Agreement and that there are no third party beneficiaries of this Agreement Other than resale to customers within the County’s service area , the County agrees that it will not sell water provided under this Agreement to any water district , water utility , or any other person or entity acquiring same for the purpose of resale without the written consent of the City Term The term of this Agreement shall be twenty 20 years , at the conclusion of which the Agreement shall automatically terminate unless both parties agree to extend the existing contract for a period to be decided at least one year before the original termination date During the initial 20 - year term , one party may terminate the Agreement by giving the other party a one 1 year written notification of termination for cause cause being a material breach of this Agreement , as determined by a court of competent jurisdiction , which remains uncured for thirty 30 days after notice by the non - breaching party Notices Any notices required to be given by this Agreement shall be deemed to have been sufficiently given if mailed by certified mail return receipt requested , postage prepaid , and addressed as follows Johnston County Attention County Manager Johnston County Courthouse 212 Market Street PO Box 1049 Smithfield , NC 27577 City of Wilson Attention City Manager 112 Goldsboro Street Wilson , NC 27894 Disputes and Defaults Any dispute between the City and County relating to or arising out of this Agreement , or any default of any of the terms of this Agreement , including but not limited to failure to pay rates and charges , a violation of any material provision of this Agreement , law , or regulation , shall be subject to the following provisions 1 Either Party having a dispute with or alleging a default by the other Party shall notify the other Party in writing of the dispute or alleged default , which shall describe the nature of the dispute and the proposed remedy If default is alleged , the defaulting Party shall have the right to cure any such default for a period of ninety 90 days This ninety 90 day right - to - cure period may be extended upon mutual agreement of the Parties 2 Within thirty 30 days after receipt of the Dispute Notice required