May 4, 2015 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 528 Meeting of the Johnston County Board of Commissioners May 4 , 2015 10 00 am The Johnston County Board of Commissioners met in regular session Monday , May 4 , 2015 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart 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 Tony Braswell called the meeting to order at 10 00 am Commissioner Cookie Pope opened the meeting with a prayer American Legion Post 141 led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Chairman Tony Braswell announced that staff has advised the Public Hearing for Economic Development is not needed at this time and called for a motion to approve the agenda with the deletion of that item provided there were no other changes by the Board Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda with the deletion of the Public Hearing for Economic Development 2 Consent Agenda Items Chairman Tony Braswell requested to add a resolution consenting to the sublease of property between Johnston Health Services and UNC Physician’s Network to the Consent Agenda if there were no objections by the Board With no objections from the Board on adding the resolution , Chairman Braswell asked if there were any other items that needed to be removed or added , otherwise he would entertain a motion Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the consent agenda items as follows with the addition of the resolution Item I as requested by Chairman Tony Braswell A Approval of Minutes – April 6 , 2015 10 00 am Regular and 6 30 pm Special Meetings B Call for Public Hearing – Proposed County Budget for Fiscal Year 2015 - 2016 The Board scheduled a public hearing for the June 1 , 2015 10 00 am meeting on the proposed budget for Fiscal Year 2015 - 2016 C Proclamation – Elder Abuse Awareness Day – June 15 , 2015 The Board adopted the following proclamation proclaiming June 15 , 2015 as Elder Abuse Awareness Day in Johnston County Proclamation Elder Abuse Awareness Day June 15 , 2015 Whereas , Johnston County includes over 17,000 citizens age 65 and older that deserve to live safely with dignity and as independently as possible , with the supports they need ; and Whereas , elder abuse is most often defined as any act that harms a senior or jeopardizes his or her health , safety or welfare ; andPage529 May 4 , 2015 – 10 00 am Continued Whereas , Johnston County’s older population is a vital , important part of the community that contributes to the social and cultural education of future generations ; and Whereas , identifying , reporting and eliminating abuse , neglect and exploitation to older persons is each community’s responsibility ; and Whereas , all residents should watch for signs of physical abuse , withdrawal , depression , anxiety , fear , and living without necessities such as food , heat , air and medicine and make it known to proper institutions Now Therefore We , The Johnston County Board of Commissioners do hereby proclaim June 15 , 2015 as Elder Abuse Awareness Day in Johnston County and encourages everyone to commit to protecting the safety and future of our older citizens th Proclaimed this the 4 day of May , 2015 D 911 - Communications – Approval of Amendment to MOU with Harnett County The Board approved the following amendment to the Memorandum of Understanding between Johnston County and Harnett County E Coastal Conservation Association NC – Resolution Adoption for Southern Flounder Fishery The Board adopted the following resolution for the Southern Flounder Fishery A RESOLUTION ASKING THE NC MARINE FISHERIES COMMISSION MFC TO SUPPORT THE NC DIVISION OF MARINE FISHERIES DMF USE OF THE SUPPLEMENT PROCESS TO IMPLEMENT REDUCTIONS ON SOUTHERN FLOUNDER WHEREAS , all marine creatures are public trust resources owned equally by all citizens of North Carolina regardless of residency ; and WHEREAS , the southern flounder fishery is a traditional recreational target of many Johnston County residents ; and WHEREAS , the southern flounder population stocks in North Carolina are classified as “ depleted ” ; andPage530 May 4 , 2015 – 10 00 am Continued WHEREAS , a recent NCDMF stock assessment as well as the peer reviewers agreed that the stocks are showing no signs of improvement and that harvest of juvenile fish within the population is alarming ; and WHEREAS , there is a need for absolute and focused management of these fish to attain and then maintain a viable stock of not only southern flounder but all traditional estuarine stocks for our citizenry in perpetuity as required by the North Carolina Fishery Reform Act of 1997 NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners does hereby ask the North Carolina Marine Fisheries Commission to support the North Carolina Division of Marine Fisheries use of the supplement process to implement reduction of the southern flounder harvest and that such reductions be made so that the fishery is revived to serve all of North Carolina citizens and not just ones who fish for profit th Adopted this the 4 day of May , 2015 F Tax Office – Request for Denial of Tax Appeal – John Marion Radford , Jr Per the recommendation of Tax Administrator Sheila Garner , the Board denied the tax refund request from John Marion Radford , Jr in the amount of 3468 based on North Carolina General Statute § 105 - 348 that provides “ notice shall be conclusively presumed , whether or not such persons have actual notice ” G Tax Office – Request for Denial of Tax Appeal – Edith M Russell Per the recommendation of Tax Administrator Sheila Garner , the Board denied the tax refund request from Edith M Russell in the amount of 37800 based on North Carolina General Statute § 105 - 282 a1 “ An untimely application for exemption or exclusion approved under this subsection applies only to property taxes levied by a county or municipality in the calendar year in which the untimely application is filed ” H Tax Releases & Refunds – 03 16 2015 – 04 15 2015 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2013 1402 - 648074 1311 - 670499 BAHR , KATHLEEN VIRGINIA Overpayment 19555 2013 1402 - 648100 1311 - 670311 HARMON , CASEY ADAMS Overpayment 13388 2010 1009 - 126164 1006 - 129923 REDICK , CORY LOWE Overpayment 18793 2013 1309 - 606464 1306 - 629638 STINEBAUGH , JR , DEAN RAY Overpayment 10199 2013 1309 - 608711 1306 - 625172 MEILINGER , A JOHN Overpayment 10488 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 17 2015 2 20 30 PM ghermane 2015 - 200147 1391 CLAYTON TIRE & MUFFLER CTR 15367 4 2 2015 3 11 51 PM sgarner 2014 - 2117 2000121291 COLE CREEK ASSOCIATES LLC 1,04355 4 2 2015 3 26 25 PM sgarner 2014 - 20383 2000121291 COLE CREEK ASSOCIATES LLC 81547 4 13 2015 2 36 41 PM cfutch 2010 - 44020 44985920 JOHNSON , FORIEST FRNKLN HEIRS 57105 4 13 2015 2 40 38 PM cfutch 2011 - 44191 44985920 JOHNSON , FORIEST FRNKLN HEIRS 45368 4 13 2015 2 47 20 PM cfutch 2012 - 46840 44985920 JOHNSON , FORIEST FRNKLN HEIRS 45368 4 13 2015 2 50 11 PM cfutch 2013 - 45884 44985920 JOHNSON , FORIEST FRNKLN HEIRS 45771 4 13 2015 2 52 52 PM cfutch 2014 - 46894 44985920 JOHNSON , FORIEST FRNKLN HEIRS 45771 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 19 2015 11 51 10 AM jmorrow 2014 - 94405 2000117250 WALL , ARTHUR BRIAN 23240 3 20 2015 3 29 17 PM blbarbour 2014 - 101339 2000087305 WORLEY , WALTER L 17947 3 23 2015 2 05 56 PM jmorrow 2010 - 45757 2000119779 JOHNSTON , DAVID N 16342 3 24 2015 11 23 14 AM jmorrow 2014 - 38763 2000067549 HARRIS , ERVIN 10065 3 25 2015 12 13 51 PM blbarbour 2014 - 43687 2000005585 HOWELL , STEVEN G 29597 3 26 2015 2 56 45 PM jmorrow 2014 - 51059 2000170495 KILLETTE , EDWARD WAYNE 21794 3 27 2015 12 30 51 PM jmorrow 2014 - 3280 2000079891 ANDREWS , WILLIAM R 39875 3 27 2015 2 08 25 PM blbarbour 2014 - 40264 37626552 HESTER , BARBETTA G 16450 3 30 2015 2 02 09 PM blbarbour 2014 - 73825 2000029571 POUNDS , REVIS BRIAN 15860 3 31 2015 11 25 25 AM astancil 2014 - 18991 2000088895 CHIVA PROPERTY MANAGEMENT 11624 LLCPage531 May 4 , 2015 – 10 00 am Continued 4 1 2015 12 09 06 PM blbarbour 2014 - 42055 2000152090 HOLLAND RENTAL PROPERTIES 35025 LLC 4 6 2015 2 04 43 PM jmorrow 2014 - 51059 2000170495 KILLETTE , EDWARD WAYNE 20240 4 9 2015 1 02 39 PM astancil 2014 - 19027 18053560 CHRISP , WALTER 15432 4 10 2015 10 26 18 AM ONLINE 2014 - 69296 2000004254 PARKER , DONOVAN ANTONIO 2,16863 4 10 2015 11 50 26 AM jmorrow 2014 - 70636 68240864 PATTERSON , DELIA ELIZABETH 13597 4 13 2015 2 37 28 PM cfutch 2010 - 44020 44985920 JOHNSON , FORIEST FRNKLN 58247 HEIRS 4 13 2015 2 40 54 PM cfutch 2011 - 44191 44985920 JOHNSON , FORIEST FRNKLN 45368 HEIRS 4 13 2015 2 47 48 PM cfutch 2012 - 46840 44985920 JOHNSON , FORIEST FRNKLN 45368 HEIRS 4 13 2015 2 50 26 PM cfutch 2013 - 45884 44985920 JOHNSON , FORIEST FRNKLN 45771 HEIRS 4 13 2015 2 53 08 PM cfutch 2014 - 46894 44985920 JOHNSON , FORIEST FRNKLN 45771 HEIRS 4 15 2015 11 55 33 AM astancil 2014 - 21467 2000142389 CORTES , JOSE PEDRO ZAPOTITLA 10460 4 15 2015 1 13 51 PM astancil 2014 - 45858 2000147119 JENKINS , TERENCE 18354 4 15 2015 1 50 09 PM astancil 2014 - 80774 2000058371 SCARBORO , GARY D & 21694 North Carolina Vehicle Tax System - Pending Refund Report – March 2015 100 + Payee Name Bill # Transaction Refund Total Change # Reason EDWARDS , 0025181876 25995760 Over 10549 DENNIS Assessment 1082 11631 KIPPER , 0023951537 38051610 Military 9173 ADAM 6174 500 15847 PREVATTE , 0024066559 25367968 Processed 25281 MARY In Error 3160 28441 THAMES , TOD 0015515604 25367682 Military 9500 853 10353 THAMES , TOD 0024222682 25300882 Military 25724 2309 28033 April 22 , 2015 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 03 16 15 to 04 15 15 Tax refunds - Personal Real Property 63893 Tax releases - Personal Real Property 25694 Motor Vehicle releases refunds 57078 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb I Resolution – Johnston Health UNC Physicians Network The Board adopted the following resolution consenting to the sublease of property between Johnston Health Services and UNC Physician’s Network AUTHORIZING RESOLUTION WHEREAS , the County of Johnston the “ County ” is the owner of certain property located at i 507 N Brightleaf Boulevard , Smithfield , NC 27577 , ii 514 N Brightleaf Boulevard , Smithfield , NC 27577 , and iii 400 N Englewood Drive , Kenly , NC 27542 collectively , the “ Property ” ; and WHEREAS , the County leases the Property to Johnston Health Services Corporation pursuant to certain Lease Agreements by and between the parties as amended and assigned , collectively , the “ Master Leases ” ; andPagePage pageNumber5532 May 4 , 2015 – 10 00 am Continued WHEREAS , Johnston Health Services Corporation is entering into an agreement with UNC Physicians Network , LLC “ UNCPN ” related to the operation of certain medical practices in Johnston County the “ Transaction ” ; and WHEREAS , in connection with the Transaction , Johnston Health Services Corporation desires to sublease portions of the Property to UNCPN pursuant to certain Medical Space Subleases by and between the parties effective May 3 , 2015 collectively , the “ Subleases ” ; and WHEREAS , under the terms of the Master Leases , the County’s consent is required for any sublease of the Property which is entered into outside the normal course of business ; and WHEREAS , Johnston County Board of Commissioners finds that its consent to the Subleases is necessary and in the best interest of the County NOW , THEREFORE , BE IT RESOLVED by the Johnston County Board of Commissioners that The County of Johnston hereby approves and consents to the Subleases and authorizes Johnston Health Services Corporation and its affiliates to execute all contracts , agreements , and other documentation related to the Subleases on terms and conditions agreed to by Johnston Health Services Corporation and UNCPN All actions taken by Johnston Health Services Corporation and its affiliates in connection with the Subleases are hereby ratified in all respects by the County of Johnston The authority hereby conferred and approval hereby granted shall be deemed retroactive , and any and all acts authorized or approved herein which were performed prior to the execution of this resolution are hereby approved and ratified in all respects th ADOPTED this 4 day of May , 2015 3 Public Comments None 4 Department Spotlight – Technology Services Technology Services Director Dennis Cooper provided the Board with a background on the Technology Services Department Mr Cooper stated Technology Services exists to work with and support the County Departments that serve the public He reported Technology Services currently services 1,346 computers with over 2,000 users noting they also work with the towns , fire departments and police departments which accounts for users within the system that are not technically county employees Mr Cooper continued they have 1,135 e - mail accounts and process over 5,000,000 e - mails annually There are 927 telephones in the system with 865 voice mail boxes and 60 of the older analog phones for things such as fax machines He stated there are 115 lines for incoming and outgoing phone calls and 2,970,000 calls were processed last year with 1,574,465 of those calls coming in externally Mr Cooper reported Technology Services offers 24 hour 7 day support on a seven - man rotation system Mr Cooper explained that electronic storage is a challenge and they maintain in excess of 100 servers and 50 terabytes of storage He noted the Technology Services Department maintains a remote access system which allows users to log into the system when they are out of the office or in the field Mr Cooper stated Technology Services maintains equipment in 30 buildings where the County either owns or leases space along with 16 EMS buildings and 27 fire departments Mr Cooper stated his staff travels around the County quite often depending on the need Mr Cooper explained that all the computers , printers , servers , and other equipment must connect to something and currently they have almost 6,000 drops of copper throughout the County connecting all the infrastructure together Mr Cooper expressed his appreciation to the Buildings & Grounds Department noting they have been responsible for running most of those lines Mr Cooper stated they have several miles of fiber in the downtown Smithfield area which connects the buildings Mr Cooper stated Technology Services also offers in - house software development and currently they have created and maintain 28 in - house applications He noted their latest project is a time and attendance application which will allow employees to input their work time electronically which would then be automatically fed into the payroll system Mr Cooper closed his remarks by speaking on the changing times with technology He noted today most people prefer to do things electronically over the internet Mr Cooper stated Technology Services must remain aware of the changing technology and user preferences and he asked the Board to be aware of those changes as well because it is the citizens that we serve Upon a question by Commissioner Ted G Godwin , Mr Cooper stated the Technology Services Department has all it needs Mr Cooper introduced his staff , as follows Roy Schmidt , PC Helpdesk Operations ; Sandy Caudill , Administrative Assistant ; Jamie Brisco , Software Applications Developer ; Jason Rowe , PCPagePage pageNumber6533 May 4 , 2015 – 10 00 am Continued Technology Analyst ; Anjanette McLamb , PC Help Desk Lead Other Projects ; Kyle Richter , Software Applications Developer Document Imaging ; Jeff Howard , Server Virtualization Analyst ; and Jeff Lancaster , Telephone Systems , Infrastructure , and Security Mr Cooper stated he is proud of all his staff and their work The Board thanked the Technology Services Department for their hard work and dedication 5 Juvenile Crime Prevention Council – Proposed Budget for Fiscal Year 2015 - 2016 The Honorable Judge Addie Rawls , Juvenile Crime Prevention Council JCPC Chair , presented the Council’s proposed budget for Fiscal Year 2015 – 2016 and requested its approval The State’s allocation for Fiscal Year 2015 – 2016 is anticipated to be 251,231 , and the JCPC is requesting 39,000 from the County for the upcoming year Judge Rawls also recognized and thanked Commissioner Chad M Stewart for his representation and participation on the JCPC Judge Rawls reviewed with the Board the proposed funding amounts for each of the programs that receive JCPC support , as follows Johnston County Youth Services This program has several components The Structured Day Program is used for juveniles who have been short and long term suspended from school and are on juvenile probation This a Level 2 sanction and is frequently used by the Court to prevent further delinquent behavior of youth suspended from the school system The actual cash money requested from the County is used to pay for the instructor in this program The State funds will not pay for an instructor and this program cannot exist without an instructor The next component is New Directions , which is a Guided Growth Program with a male group that meets twice a week and a female group that meets twice a week This program will address the needs of juveniles by providing mentors and counselors to deal with anger management , conflict resolution and problem solving The third component is Restoration Alternatives , a program that provides community service and restitution It is one of our most used programs and it actually provides restitution to victims of crimes The juveniles perform contract work for the citizens of Johnston County and the money paid is applied towards that juvenile’s court obligations The program coordinator of this program actually works on site with the juveniles and has limited part - time help Recommended Funding 204,261 , plus anticipated 39,000 county funds for instructor Healthy Choices This program will provide an environment for at - risk juveniles to become receptive to exploring their dysfunctional behavior and initiate change The means through which services are provided include group intervention , group activities , case management , and coordination with families , schools , social service agencies , and the courts A Nationally recognized curriculum is presented in a group setting focusing on a variety of possible deficits , including but not limited to , conflict resolution , anger management , social skills training , assertiveness training , and substance abuse Healthy Choices currently accepts children from all youth serving agencies in the County Recommended Funding 25,970 Preparing To Soar Teen Court Teen Court provides an alternative to prosecution of youth between the ages of 11 - 17 Youth are sanctioned with constructive sentences by a jury of their peers This program trains volunteers as courtroom clerks , bailiffs , jurors , defense and prosecuting attorneys Recommended Funding 18,000 Administrative Budget These are funds set aside to cover the expenses of the committee which includes salary of the administrative assistant , mail and other administrative costs As a committee we must advertise the availability of funds and meet at the very least on a monthly basis We currently have at least ten meetings per year and minutes are taken at these meetings Additionally , we provide for community awareness through conferences , yearly achievement recognitions of juveniles in our programs , training , and expenses of the board members The State allows us to set aside up to 15,000 , but we only allocate a minimum amount Any overage is usually allocated back to our programs Recommended Funding 3,000PagePage pageNumber7534 May 4 , 2015 – 10 00 am Continued Judge Rawls noted the recommended 18,000 for the Preparing to Soar Teen Court Program is the match needed for the Governor’s Crime Commission Grant Judge Rawls reported there are some issues with the Governor’s Crime Commission Grant funding which they are appealing and writing letters of support to ensure that grant remains in place Judge Rawls offered to answer any questions Commissioner Jeffrey P Carver asked for more information on the Preparing to Soar Teen Court Program Judge Rawls stated the Teen Court Program is about three years old and for a while she served as a volunteer ; however , she had to step back because of the chance that she might one day have those same youths appear before her in court Judge Rawls stated her son is a volunteer in the program and she feels they provide a good service and valuable lessons She stated the program needs to work on a consistent stream of funding noting the Governor’s Crime Commission has been good , but there have been recent issues County Manager Rick Hester reported that representatives from the Teen Court Program plan to attend the June 1 , 2015 10 00 am meeting during the budget public hearing Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the Juvenile Crime Prevention Council’s proposed budget for Fiscal Year 2015 - 2016 ; and further approved the 39,000 County allocation request , pending final adoption of the County Budget for Fiscal Year 2015 - 2016 6 Research Triangle Regional Partnership – Regional Trends and Updates Executive Vice President Lee Anne Nance addressed the Board Ms Nance noted that members of her family are in the audience because she is proud to be a Johnston County native She recognized Johnston County Economic Development Director Chris Johnson and stated she enjoys working with Mr Johnson to help grow the economy and promote the County and region Ms Nance explained that part of her job with the Research Triangle Regional Partnership is to look at where the region is going She spoke on the great leadership in the region as well as the benefits of having an excellent public university system and community college system Ms Nance stated North Carolina has the largest science park in the country and they are working everyday to promote those qualities Ms Nance thanked the County for participating with the Research Triangle Regional Partnership and she reviewed the following presentation with the Board PagePage pageNumber8535 May 4 , 2015 – 10 00 am ContinuedPagePage pageNumber9536 May 4 , 2015 – 10 00 am ContinuedPage0537 May 4 , 2015 – 10 00 am ContinuedPage1538 May 4 , 2015 – 10 00 am Continued Ms Nance stated exciting times are ahead for the region as well as for the County and she looks forward to working with Johnston County Commissioner Ted G Godwin asked Ms Nance to describe the Research Triangle Regional Partnership’s day to day operations Ms Nance stated she and her team works with the County Economic Development Directors , such as Chris Johnson , on marketing and branding as well as visiting site selection consultants She stated they do a lot of speaking engagements and manage client presentations Ms Nance stated they perform research and complete Requests for Information from clients Ms Nance reported she also does a lot of planning and researching trends and data to determine how to move the region forward The Board thanked Ms Nance for the information and her visit to Johnston County 7 Johnston County Sports Council – Presentation of the Parks & Recreation Master Plan Johnston County Sports Council Chairman Jim Godfrey submitted a complete copy of the final Parks & Recreation Master Plan to Chairman Tony Braswell Mr Godfrey stated additional copies would be sent to the rest of the Commissioners He explained the Parks & Recreation Master Plan is an in - depth analysis of where Johnston County is at regarding parks and recreation Mr Godfrey encouraged the Board to review the plan and move forward with the recommendations Mr Godfrey reported in his role as the Clayton Chamber of Commerce Director he sees visitors everyday that are interested in moving to Johnston County He continued that their first question is usually about the schools in the County and the second question is most always about the available recreational activities Mr Godfrey stated the plan is an extensive study of all the recreational facilities and programs that are currently available in the County and there are a significant number of recommendations that he asked the Commissioners to consider Mr Godfrey stated the most important recommendation is the need for a Johnston County Parks & Recreation Director Mr Godfrey clarified that the recommendation does not suggest taking all the programs across the County and merging them into one as that was never the goal He noted instead , a Parks & Recreation Director is needed on a County level to help coordinate the recommendations within the plan and see to it that those recommendations are accomplished Mr Godfrey spoke on the gaps in between the Clayton and Smithfield areas and how more recreational opportunities should be developed to enhance the County Mr Godfrey stated he realizes that nothing can be done this budget year , but he encouraged the Commissioners to seriously consider moving forward with having a coordinated effort throughout the County Johnston County Visitors Bureau Director Donna Bailey - Taylor stated the plan addresses every corner of the County and she hopes that the existing recreational organizations can use the plan to help further the development of their own facilities Upon a question by Commissioner Ted G Godwin , Ms Bailey - Taylor stated a couple of things that surprised her in the plan was that people who took the survey indicated they wanted more things like amphitheaters and outdoor concerts as well as more trails with access to the Neuse River for walking , biking and hiking The Board thanked Mr Godfrey and Ms Bailey - Taylor for the information 8 Four Oaks EMS – Request Approval to Construct New EMS Station Four Oaks EMS Chief April Matthews addressed the Board on behalf of the Four Oaks EMS Board of Directors Ms Matthews stated Four Oaks EMS is hoping to move forward and receive approval to construct a new EMS station She reported Four Oaks EMS has obtained ownership of the property at Keen Road and Boyette Road She stated Enoch Engineering has filed all the necessary permits and the Department of Transportation has approved the driveway permit Ms Matthews stated they have completed a site plan which includes a grading and drainage plan Ms Matthews stated all that is left is to receive approval from the Board of Commissioners to move forward with their plans Ms Matthews reported they are seeking a turnkey job and have approached several contractors in the local area She stated they have received preliminary estimates of 120 per square foot She submitted a preliminary drawing and budget , following Page2539 May 4 , 2015 – 10 00 am Continued Ms Matthews stated they are planning for a metal building with a brick facade that will blend in with the community Ms Matthews reported that Four Oaks EMS Board of Director Chairman Tony Capps did a comparison of the proposed Princeton EMS station with the proposed new Four Oaks station and she does not believe there is a significant difference Ms Matthews noted the Four Oaks EMS station is proposed at approximately 1,650 square feet larger than the Princeton EMS station , but she noted Four Oaks EMS still maintains a volunteer base and runs two trucks Ms Matthews stated one truck operates 24 7 while the other is a peak unit ; however , it is very likely they will convert the peak unit to a 24 7 operation in the next couple of years Ms Matthews noted they have also planned for some additional bay space to accommodate the County’s needs for a Supervisor’s SUV parking Ms Matthews stated Four Oaks EMS is a partner with Johnston County EMS and they are willing to accommodate the County’s needs however they can Ms Matthews noted a big expense has to do with the grading costs She provided the Board with an explanation of the requirements they must meet for the stormwater plan as well as curb and gutter to match what is used by the Town of Four Oaks and adjacent properties Ms Matthews stated they have estimated on the high end so they would not have to come back to the Board of Commissioners and cause more delays ; however , they expect the final cost to be much less and hopefully around the 700,000 range Ms Matthews stated if the final cost varied more than 10 they would come back to the Board of Commissioners Ms Matthews requested the Board to allow Four Oaks EMS to move forward with the construction of their facility She stated the goal is to have it ready for operation by the end of 2015 and they have funds appropriated within their budget for the project Upon a question by Chairman Tony Braswell , Ms Matthews stated the Four Oaks EMS Board of Directors plans to bid the project all together and not separate out the grading and drainage Commissioner DeVan Barbour asked if the Board approves the project with the expenditures as presented and the project comes in well under the estimated amount the Board is being asked to approve today , could Four Oaks EMS then use the additional funds for extra things County Attorney Jennifer Slusser responded it depends on the specific language in the contract , but her opinion is that if the Board approves the project budget then as long as Four Oaks EMS stays within that project budget then they would have the latitude to make changes At the Chairman’s request , the following e - mail from Tony Capps and attachment was included in the minutes for the record Page3540 May 4 , 2015 – 10 00 am Continued From Tony Capps [ mailtocappston1 @ earthlinknet ] Sent Saturday , May 02 , 2015 6 04 PM To chad4oaks @ aolcom ; tony @ triangleeastrealtycom ; rickhester @ johnstonnccom ; Carver , Jeff Cc Kim Robertson ; Matthews , April ; westanddunn @ embarqmailcom ; timothy duke ; Jimmie Massengill Subject Four Oaks EMS Station Review Prep Good morning afternoon , depending on when you get this note I wanted to take a few minutes to let you know that I am not going to be able to be at the meeting on Monday but April will be there to represent Four Oaks EMS I also wanted to share a document with you that outlines a few key points related to our station as compared to the new station being built in Princeton I met with Kim and Josh a few weeks ago to review our plan and get feedback on any issues , concerns or suggestions They provided great input and made a couple suggestions that we will incorporate into our plans as we go forward with our construction Kim and Josh have advised they have no issues with our design and direction and have forwarded a note to that effect to us and Mr Rick Hester Kim also graciously provide me a copy of the plans for the new Princeton station and the estimated cost for that facility I am not sure if the cost she provided covers any grading , curbing or paving at the new Princeton location but those items can be discussed on Monday You will notice that I have broken that cost out on the document we provided to you a couple weeks ago on the Four Oaks EMS plan In order to comply with the State of North Carolina and the Town of Four Oaks on the storm water plan we will have to bring the base of the property up about 2 feet to get the grade we need and the appropriate fall for the sewer connection We also need to ensure the curb and gutter is installed to match that used by the Town of Four Oaks on Keene and Boyette Road along with that used at the new McDonalds All these extra items have added cost to the plan but will result in a site that meets local code and matches the design of the adjacent properties You will also notice that we have added a 10 contingency to the project to ensure we can deal with any unanticipated items that may arise Overall the estimate we have provided represents what we consider to be the high - end of the estimate for the project We are hopeful that if everything goes well , we can complete the project for around 700,000 Attached you will find a document that does a quick high level comparison of the two station and addresses any major differences , like size , design and cost I hope this helps answer some of the questions you may have ask yourself as you performed a due diligence review of this project Please let me know if you have any questions or concerns Please forward this to others as needed , since these are the only E - mail address I have in my address book Thank you Tony Capps Chairman - Four Oaks EMS Board of Directors New Four Oaks EMS Station Overview Item Four Oaks EMS Princeton EMS Size 113 x 50 80 x 50 Sq Ft 5,650 4,000 Estimated Cost SqFt - Building 120 115 Estimated Building Cost 678,000 463,000 Estimated Grading , Curbing & 80,000 Parking Contingency 10 0 70,000 Page4541 May 4 , 2015 – 10 00 am Continued Total Cost 828,000 463,000 Assume estimate includes grading , parking , contingency , etc Bays Capacity 4 vehicle 2 - 20 x 50 bays 4 vehicles 1 - 20 x 50 , 1 - 14 x 50 bays Trucks operating in district 2 1 Bedrooms 4 2 Bathrooms 3 - 1 Public , 2 - Staff 2 - Public Staff Office 1 - Chief & Asst Chief 0 Chart Room 1 0 Supply Room 2 - 1 - daily use , 1 - bulk storage 1 Training Conference room 0 1 Living Meeting 1 1 Kitchen 1 1 Utility Decontamination 1 1 Why is the Four Oaks EMS building bigger and more expensive • 1,650 sq ft bigger @ 120 sq ft 198,000 o Total bay size is bigger to accommodate four Full Size Ambulances This is to allow for the two Four Oaks EMS trucks and room for Johnston County EMS to house a spare truck and a supervisor vehicle if desired o Two additional bedrooms to accommodate two 24x7 crews without double bunking Also thought Johnston County EMS might want to use one of the bedrooms to staff a Supervisor in the building Johnston County EMS can be assigned one of the bedrooms for their use fulltime o Office for the Chief and Assistant Chief to conduct performance reviews and store employee and office records o Dedicated chart room for staff to use instead of sitting in the Living Training area Specifically setup with counter space , computers and lighting that is ergonomically appropriate for charting o The Living and Meeting area is about twice the size to accommodate the monthly meetings with employees and volunteers Mainly this size because of the way it worked out with the extra bedroom across the back of the building o Separate Public Bathroom that is easily accessible Dedicated Staff Bathrooms for privacy and usage • 80,000 in grading , curbing , & parking - based on the grading plan provide by Enoch Engineering in accordance with the drainage requirements for State of North Carolina and the Town of Four Oaks , we will have to bring up the lot about two feet to ensure proper drainage and slope for sewer connection We also are matching the curb and gutter plan that the Town and other Business in that area have established • 70,000 - Added 10 contingency to the project based on Project Management best practices • Overall we think the project will come in around 700,000 but we did not want to estimate it low and come in high The estimates we have are based on discussions with the general contractors we plan to use to bid on the project • Leaving the Commissioners Meeting on Monday we would like to receive approval to proceed with moving forward with construction of this facility Our goal is to have this station ready for operation before the end of the year , 2015 Commissioner Allen L Mims , Jr asked for staff to report on their thoughts on the plans as presented by Four Oaks EMS Director of Emergency Services Kim Robertson stated she along with EMS Division Chief Josh Holloman met with Mr Capps where they did offer a few suggestions She stated all in all the plan by Four Oaks EMS is similar to the proposed Princeton plan and the bulk storage in the Four Oaks EMS facility is large enough that if one day the County occupies the building it would suffice for storage in the Four Oaks area Ms Robertson explained that storage is a challenge for Johnston County EMS with having an area large enough to store all of the medical supplies and equipment Page5542 May 4 , 2015 – 10 00 am Continued Commissioner Chad M Stewart asked about the old Four Oaks EMS building and if it could be used for storage Ms Robertson stated they have looked at the old Four Oaks EMS station and a significant amount of money would have to be spent to bring the building up to standards She noted the old building has mold problems Commissioner Stewart asked Ms Matthews what is the intent of the old Four Oaks EMS building Ms Matthews stated she is unsure what Four Oaks EMS will do with the old building and they have offered the use of that building to the County for storage ; however , she agreed with Ms Robertson on the deteriorating condition of the building Ms Matthews stated the property is there so if the property can be utilized in any way then she feels the Four Oaks EMS Board of Directors would entertain ideas Motion and Second Commissioner Chad M Stewart moved the Board allow Four Oaks EMS to move forward with their plans to construct a new EMS Station as presented Commissioner Cookie Pope seconded the motion Further Discussion Commissioner Allen L Mims , Jr asked if the budget should be included in the motion or should the Board wait until a solid bid is received on the project Ms Matthews advised that the costs presented are initial estimates and they would not have an exact number until after the project is bid She stated they estimated on the high side and fully expect the estimate to come in lower Amendment to Motion , Second , and Vote Upon further discussion , Commissioner Stewart amended his motion to allow Four Oaks EMS to move forward with their plans to construct a new EMS Station as presented and further for Four Oaks EMS to come back to the Board of Commissioners if the project budget exceeds the initial estimates once the project has been bid Commissioner Cookie Pope seconded the amended motion which carried by unanimous vote 9 50 - 210 EMS – Request Approval to Pursue Land and Building Plans for Additional EMS Station At the request of Chairman Tony Braswell , upon a motion by Commissioner Cookie Pope , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board voted to table the 50 - 210 EMS request and refer it to a committee consisting of Commissioner Allen L Mims , Jr , Commissioner DeVan Barbour , and Commissioner Chad M Stewart to work with 50 - 210 EMS on their request 10 Emergency Services – Award of Bid for the Princeton EMS Station Chairman Tony Braswell accepted a request from Commissioner DeVan Barbour to abstain from the discussion and voting on the Princeton EMS Station item and the Board agreed by consent Director of Emergency Services Kim Robertson introduced Project Engineer Joe Smith to present the bid and recommendation information for the new Princeton EMS Station Mr Smith stated bids were received on April 16 , 2015 for the Princeton EMS Station construction project He noted four bids were received from local Johnston County contractors , as follows Page6543 May 4 , 2015 – 10 00 am Continued Mr Smith reported in the recommendation letter submitted for the agenda packet , there was an error He explained the recommendation should have been for the project to be awarded to low bidder Talon Construction Company in the Base Bid amount of 437,00000 plus the Alternate 2 Bid amount of 26,50000 for a total contract amount of 463,50000 Commissioner Ted G Godwin asked for an explanation of the alternate bids Mr Smith stated the Base Bid includes a residential type sprinkler system for the sleeping rooms only which are separated from the remainder of the building with a firewall Alternate 1 would provide for sprinkling the entire administrative portion of the building , but the truck bays would remain un - sprinkled Mr Smith stated Alternate 2 provides for bricking all sides of the structure instead of just the front He noted Alternate 2 does not include the upgraded sprinkler specifications as outlined in Alternate 1 Commissioner Allen L Mims , Jr asked is it a requirement by the Town of Princeton to brick all four sides County Manager Rick Hester stated staff has received calls from the Town of Princeton and the Princeton Fire Department asking the County to consider bricking the entire building for aesthetic reasons At the inquiry of Chairman Tony Braswell , Mr Hester reported the County is investing 230,000 in the building project and the remainder of the cost would be paid for with the funds that were received from Princeton EMS at the time when the County assumed the EMS operations in Princeton Motion Commissioner Allen L Mims , Jr moved the Board award the construction contract for the Princeton EMS Station to low bidder Talon Construction Company in the Base Bid amount of 437,00000 plus the Alternate 2 Bid amount of 26,50000 for a total of 463,50000 Commissioner Jeffrey P Carver seconded the motion Discussion Commissioner Ted G Godwin stated he is not against the new station and believes it is a good idea ; however , he expressed concerns with the additional cost to brick all four sides of the building stating he could not support spending the extra taxpayer dollars for the expense Vote The motion carried by the following vote Ayes Commissioners Tony Braswell , DeVan Barbour , Cookie Pope , Allen L Mims , Jr , and Jeffrey P Carver Nays Commissioner Ted G Godwin Not Voting Commissioner DeVan Barbour abstained 11 Emergency Services – EMS Week Proclamation and EMS System Update EMS Division Chief Josh Holloman presented the EMS System annual update Mr Holloman stated when he talks about the “ EMS System ” , he is not only referring to Johnston County EMS , but also the three contracted agencies Selma , Four Oaks , and 50 - 210 as well as the fire departments that provide first responder services Mr Holloman noted Johnston County EMS could not do what they do without the contracted agencies or the first responder fire department units Mr Holloman also recognized the County’s 911 - Communications Department stating they are integral to the County EMS System Mr Holloman noted the call volume continues to increase and the response time continues to be good He presented the following information Page7544 May 4 , 2015 – 10 00 am Continued Johnston County EMS System Annual EMS Report Average Response Time 9 58 Goal is less than 12 00 Monday May 4 , 2015 Mr Holloman pointed out the average response time is 9 minutes and 58 seconds which is less than the goal of 12 minutes He thanked the first responder fire departments noting on many occasions those first responder units are the first to respond and can begin administering basic life support services before the EMS unit arrives Call Volume by EMS Station 2014 Calls by Hour of Day Cardiac Arrest 2014 Hospital Transports • 2010 – Total Cardiac Arrests 131 – At Home and Doing Well 4 3 • 2011 – Total Cardiac Arrests 134 – At Home and Doing Well 20 149 • 2012 – Total Cardiac Arrests 153 – At Home and Doing Well 23 15 • 2013 – Total Cardiac Arrests 179 – At Home and Doing Well 27 15 Mr Holloman spoke on the cardiac arrest data and how the survival rate has increased over the last five years He stated typically a few years ago , most people did not survive an out - of - hospital cardiac arrest ; however , through new technology and procedures , Johnston County has been able to increase the survival rate Mr Holloman reported the national average today remains less than 10 but he is proud that Johnston County has been able to exceed that percentage Page8545 May 4 , 2015 – 10 00 am Continued 2014 Administrative Accomplishments 2014 Cardiac Arrest Data • Crisis Intervention Team training January 1 , 2014 – December 31 , 2014 • Partnered with Johnston Health to provide several Advanced Stroke Life Support courses through the University of Miami Division of Prehospital and Emergency Care • Cardiac Arrests – 189 • Created an option for Fire Departments to function at the EMT level • At home and doing well – 21 111 • Worked with Johnston Health to plan and apply for a grant to launch our Community Paramedic Program – Still waiting final overview info on 8 patients potentially 15 • 146,600 in grant funds from the Federal Assistance to Firefighters Grant AFG to purchase training simulation mannequins and extrication gear Mr Holloman stated he is pleased to report that just last week they were notified by the American Heart Association that Johnston County was awarded the Silver EMS Award for heart attack care He invited the Board to the annual EMS Banquet at the Paul A Johnston Auditorium on May 20 , 2015 at 6 00 pm Mr Holloman concluded his presentation by reiterating the mission and core values Our Mission To provide excellent care and quality service Our Core Values • Pride The kind of feeling that comes with ownership • Honor We are all family • Integrity The foundation of everything we are Mr Holloman requested the Board to adopt a proclamation for the week of May 17 – 23 , 2015 as Emergency Medical Services Week in Johnston County He thanked the Board of Commissioners for their continued support to EMS The Board thanked Mr Holloman for the information and commended the EMS System on its success Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board adopted the following proclamation Page9546 May 4 , 2015 – 10 00 am Continued Proclamation Emergency Medical Services Week May 17 – 23 , 2015 To designate the Week of May 17 - 23 , 2015 , as Emergency Medical Services Week WHEREAS , emergency medical services is a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day , seven days a week ; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury ; and WHEREAS , the emergency medical services system consists of emergency physicians , emergency medical technicians , paramedics , firefighters , educators , administrators , telecommunicators and others ; and WHEREAS , the members of emergency medical services teams , whether career or volunteer , engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills ; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week ; NOW , THEREFORE BE IT RESOLVED , that the Board of Commissioners of Johnston County , does hereby proclaim May 17 - 23 , 2015 as Emergency Medical Services Week in Johnston County , in recognition of this event Adopted this the 4th day of May , 2015 12 Public Utilities – Amendment to Clayton Raleigh & Johnson Co Raleigh Interlocal Agreement Commissioner Allen L Mims , Jr requested the Board to consider tabling the agreement amendment to allow him more time to research the request Commissioner Mims expressed concerns that he has been getting calls from people upset over easement acquisition and he would like to find out more information There being no objection by the Commissioners , Commissioner Allen L Mims , Jr moved the Board table the amendment to the Clayton Raleigh & Johnson Co Raleigh Interlocal Agreement for 30 days Commissioner DeVan Barbour seconded the motion which carried by unanimous vote 13 Public Utilities – Bulk Water Purchase Agreements – Wayne Sanitary Districts Public Utilities Director Chandra Coats , PE explained that Johnston County has bulk water supply agreements with Northwestern Wayne Sanitary District , Southwestern Wayne Sanitary District , and Fork Township Sanitary District The agreements allow Johnston County to purchase water from each of the sanitary districts May through October of each year and allow the sanitary districts to purchase water from Johnston County November through April of each year Furthermore , the agreements terminate the supply to Johnston County and give the sanitary districts the option to purchase additional supply from Johnston County at the end of each agreement term 2018 Ms Coats reported Johnston County desires to continue the seasonal purchase from the Wayne Sanitary Districts , and Wayne Sanitary Districts are not ready to purchase additional supply from Johnston County She stated staff met with the Wayne Sanitary Districts staff and concurred that an agreement amendment to extend each contract by five years would be in the best interest of all parties Ms Coats requested approval of the proposed agreement amendments and offered to answer any questions Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried unanimously , the Board voted to approve the following agreement amendments with the Wayne Sanitary Districts AMENDMENT NO 1 TO AGREEMENT DATED MARCH 27 , 2007 BETWEEN NORTHWESTERN WAYNE SANITARY DISTRICT AND JOHNSTON COUNTY THIS AMENDMENT NO 1 TO THE AGREEMENT dated March 27 , 2007 between Northwestern Wayne Sanitary District and Johnston County “ hereinafter referred to as “ Amendment No 1 ” is made and entered into this the day of , 2015 , by and between Northwestern Wayne Sanitary District , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ NWWSD ” and Johnston County , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” Page0547 May 4 , 2015 – 10 00 am Continued WITNESSETH WHEREAS , NWWSD operates and manages water supply and water distribution facilities located within its boundaries ; and WHEREAS , Johnston County operates and manages water supply and water distribution facilities and systems located within its boundaries ; and WHEREAS , Johnston County and Northwestern Wayne Sanitary District entered into a Water Purchase Agreement WPA dated March 27 , 2007 attached hereto as Exhibit A and adopted and incorporated herein as if fully set forth ; and WHEREAS , the WPA allows Johnston County to acquire a supplemental supply of potable water from NWWSD during the period May through October each year commencing with 2007 through 2017 ; and WHEREAS , Johnston County desires to extend the period for five additional years during which Johnston County may acquire a supplemental supply of potable water from NWWSD during the period May through October each year to 2022 ; and WHEREAS , the WPA allows NWWSD to acquire a supplemental supply of potable water from Johnston County during the period November through April each year commencing with 2007 through 2018 ; and WHEREAS , NWWSD desires to extend the period for five additional years during which NWWSD may acquire a supplemental supply of potable water from Johnston County during the period November through April each year to 2023 ; and WHEREAS , the WPA includes provisions which allow NWWSD to reserve a bulk water supply in Johnston County’s next new or expanded water treatment plant ; and WHEREAS , the WPA includes specific dates by which actions are required associated with NWWSD’s acquisition of a reserve bulk water supply from Johnston County , and WHEREAS , NWWSD and Johnston County desire those specific dates be extended by five additional years and that the March 27 , 2007 WPA be amended in order to reflect the same ; NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , Johnston County and Northwestern Wayne Sanitary District hereby agree that the terms of the March 27 , 2007 WPA are adopted and incorporated by reference herein , subject to this Amendment No 1 as follows 1 Section II is amended as follows Strike “ Ten Years ” and replace with “ Fifteen Years ” in the second line of Section II 2 Section III is amended as follows Add new sentence at the end of the paragraph of Section III – “ NWWSD owns land on NCSR 1002 near the Wayne County – Johnston County line that may be used as the location for the metering site ” 3 Section VI is amended as follows Strike “ on or about 2017 , but not later than 2022 ” in the fourth line of the first paragraph of Section VI and replace with “ on or about 2022 , but not later than 2027 ” Strike “ or before 2017 ” in the sixth line of the first paragraph of Section VI and replace with “ or before 2022 ” Strike “ up to 2022 ” in the seventh line of the first paragraph of Section VI and replace with “ up to 2027 ” 4 Section XI is amended as follows Strike “ 2017 ” at the end of the sixth line of the first paragraph of Section XI and replace with “ 2022 ” Strike “ 2018 ” in the fourth line of the second paragraph of Section XI and replace with “ 2023 ” 5 Section XXIV is amended as follows Strike “ fifty 50 years ” in the first line of Section XXIV and replace with “ fifty - five 55 years ” 6 Except as amended by this Amendment No 1 , the March 27 , 2007 WPA is hereby ratified and affirmed by the parties hereto and shall remain in full force and effect The March 27 , 2007 WPA and Amendment No 1 together represent the entire and integrated Agreement between NWWSD and Johnston County and supersede all prior negotiations , representations or agreements , whether written or oral , and may only be amended by written instrument signed by the parties In the event of any inconsistency between this Amendment No 1 and the March 27 , 2007 WPA , the provisions of Amendment No 1 shall control AMENDMENT NO 1 TO AGREEMENT DATED MAY 7 , 2007 BETWEEN SOUTHWESTERN WAYNE SANITARY DISTRICT AND JOHNSTON COUNTY THIS AMENDMENT NO 1 TO THE AGREEMENT dated May 7 , 2007 between Southwestern Wayne Sanitary District and Johnston County “ hereinafter referred to as “ Amendment No 1 ” is made and entered into this the day of ___________________ , 2015 , by and between Southwestern Wayne Sanitary District , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ SWWSD ” and Johnston County , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” WITNESSETH WHEREAS , SWWSD operates and manages water supply and water distribution facilities located within its boundaries ; and WHEREAS , Johnston County operates and manages water supply and water distribution facilities and systems located within its boundaries ; andPage1548 May 4 , 2015 – 10 00 am Continued WHEREAS , Johnston County and Southwestern Wayne Sanitary District entered into a Water Purchase Agreement WPA dated May 7 , 2007 attached hereto as Exhibit A and adopted and incorporated herein as if fully set forth ; and WHEREAS , the WPA allows Johnston County to acquire a supplemental supply of potable water from SWWSD during the period May through October each year commencing with 2007 through 2017 ; and WHEREAS , Johnston County desires to extend the period for five additional years during which Johnston County may acquire a supplemental supply of potable water from SWWSD during the period May through October each year to 2022 ; and WHEREAS , the WPA allows SWWSD to acquire a supplemental supply of potable water from Johnston County during the period November through April each year commencing with 2007 through 2018 ; and WHEREAS , SWWSD desires to extend the period for five additional years during which SWWSD may acquire a supplemental supply of potable water from Johnston County during the period November through April each year to 2023 ; and WHEREAS , the WPA includes provisions which allow SWWSD to reserve a bulk water supply in Johnston County’s next new or expanded water treatment plant ; and WHEREAS , the WPA includes specific dates by which actions are required associated with SWWSD’s acquisition of a reserve bulk water supply from Johnston County , and WHEREAS , SWWSD and Johnston County desire those specific dates be extended by five additional years and that the May 7 , 2007 WPA be amended in order to reflect the same ; NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , Johnston County and Southwestern Wayne Sanitary District hereby agree that the terms of the May 7 , 2007 WPA are adopted and incorporated by reference herein , subject to this Amendment No 1 as follows 1 Section II is amended as follows Strike “ Ten Years ” and replace with “ Fifteen Years ” in the second line of Section II 2 Section VI is amended as follows Strike “ on or about 2017 , but not later than 2022 ” in the fifth line of the first paragraph of Section VI and replace with “ on or about 2022 , but not later than 2027 ” Strike “ or before 2017 ” in the seventh line of the first paragraph of Section VI and replace with “ or before 2022 ” Strike “ up to 2022 ” in the ninth line of the first paragraph of Section VI and replace with “ up to 2027 ” 3 Section XI is amended as follows Strike “ 2017 ” at the end of the seventh line of the first paragraph of Section XI and replace with “ 2022 ” Strike “ 2018 ” in the fifth line of the second paragraph of Section XI and replace with “ 2023 ” 4 Section XXIV is amended as follows Strike “ fifty 50 years ” in the first line of Section XXIV and replace with “ fifty - five 55 years ” 5 Except as amended by this Amendment No 1 , the May 7 , 2007 WPA is hereby ratified and affirmed by the parties hereto and shall remain in full force and effect The May 7 , 2007 WPA and Amendment No 1 together represent the entire and integrated Agreement between SWWSD and Johnston County and supersede all prior negotiations , representations or agreements , whether written or oral , and may only be amended by written instrument signed by the parties In the event of any inconsistency between this Amendment No 1 and the May 7 , 2007 WPA , the provisions of Amendment No 1 shall control AMENDMENT NO 1 TO AGREEMENT DATED MAY 7 , 2007 BETWEEN FORK TOWNSHIP SANITARY DISTRICT AND JOHNSTON COUNTY THIS AMENDMENT NO 1 TO THE AGREEMENT dated May 7 , 2007 between Fork Township Sanitary District and Johnston County “ hereinafter referred to as “ Amendment No 1 ” is made and entered into this the __ day of ___________________ , 2015 , by and between Fork Township Sanitary District , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ FTSD ” and Johnston County , a body politic and corporate , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” WITNESSETH WHEREAS , FTSD operates and manages water supply and water distribution facilities located within its boundaries ; and WHEREAS , Johnston County operates and manages water supply and water distribution facilities and systems located within its boundaries ; and WHEREAS , Johnston County and Fork Township Sanitary District entered into a Water Purchase Agreement WPA dated May 7 , 2007 attached hereto as Exhibit A and adopted and incorporated herein as if fully set forth ; and WHEREAS , the WPA allows Johnston County to acquire a supplemental supply of potable water from FTSD during the period May through October each year commencing with 2007 through 2017 ; and WHEREAS , Johnston County desires to extend the period for five additional years during which Johnston County may acquire a supplemental supply of potable water from FTSD during the period May through October each year to 2022 ; and WHEREAS , the WPA allows FTSD to acquire a supplemental supply of potable water from Johnston County during the period November through April each year commencing with 2007 through 2018 ; andPage2549 May 4 , 2015 – 10 00 am Continued WHEREAS , FTSD desires to extend the period for five additional years during which FTSD may acquire a supplemental supply of potable water from Johnston County during the period November through April each year to 2023 ; and WHEREAS , the WPA includes provisions which allow FTSD to reserve a bulk water supply in Johnston County’s next new or expanded water treatment plant ; and WHEREAS , the WPA includes specific dates by which actions are required associated with FTSD’s acquisition of a reserve bulk water supply from Johnston County , and WHEREAS , FTSD and Johnston County desire those specific dates be extended by five additional years and that the May 7 , 2007 WPA be amended in order to reflect the same ; NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , Johnston County and Fork Township Sanitary District hereby agree that the terms of the May 7 , 2007 WPA are adopted and incorporated by reference herein , subject to this Amendment No 1 as follows 1 Section II is amended as follows Strike “ Ten Years ” and replace with “ Fifteen Years ” in the second line of Section II 2 Section VI is amended as follows Strike “ on or about 2017 , but not later than 2022 ” in the fourth line of the first paragraph of Section VI and replace with “ on or about 2022 , but not later than 2027 ” Strike “ or before 2017 ” in the sixth line of the first paragraph of Section VI and replace with “ or before 2022 ” Strike “ up to 2022 ” in the seventh line of the first paragraph of Section VI and replace with “ up to 2027 ” 3 Section XI is amended as follows Strike “ 2017 ” at the end of the sixth line of the first paragraph of Section XI and replace with “ 2022 ” Strike “ 2018 ” in the fourth line of the second paragraph of Section XI and replace with “ 2023 ” 4 Section XXIV is amended as follows Strike “ fifty 50 years ” in the first line of Section XX