July 6, 2015 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 648 Meeting of the Johnston County Board of Commissioners July 6 , 2015 10 00 am The Johnston County Board of Commissioners met in regular session Monday , July 6 , 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 109 Benson led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Chairman Tony Braswell asked the Board to consider approving the consent agenda items with the addition of a proclamation for “ Horseless Carriage Recognition Week ” that had been submitted to him from Commissioner Ted G Godwin Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the consent agenda items as follows with the addition of the Horseless Carriage Recognition Week Proclamation as Item D A Approval of Minutes – June 1 , 2015 10 00 am and 6 00 pm ; June 8 , 2015 6 00 pm ; June 22 , 2015 6 00 pm ; and June 29 , 2015 8 15 am B Call for Public Hearing – Code of Ordinances Amendment Solar Utility Facility Amendment The Board scheduled a public hearing for the August 3 , 2015 6 00 pm meeting to allow public comment on proposed amendments to the Johnston County Code of Ordinances Land Development Code as it relates to solar utility facilities C Tax Releases & Refunds – 05 16 2015 – 06 15 2015 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2013 1307 - 577356 1304 - 597628 MEDLIN , STACY K OVERPAYMENT 14138 2013 1309 - 609761 1306 - 634448 HARRIS , PAMELA MICHELLE OVERPAYMENT 15182 2013 1309 - 612157 1306 - 634016 EKKLESIA BUILDERS LLC OVERPAYMENT 63373 2013 1309 - 609624 1306 - 635103 DRAIN , ANDREW JOHN OVERPAYMENT 19833 2012 1209 - 442097 1206 - 453829 LAMPE , ANTHONY JOHN OVERPAYMENT 60036 2013 1310 - 629833 1308 - 644235 HICKS , SHELLEE OVERPAYMENT 10039 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 5 20 2015 9 21 30 AM ghermane 2014 - 73556 2000116561 POPE , JAIME W 11765 5 27 2015 1 56 59 PM dwoodward2 2015 - 200361 59226732 MCLAMB , LOLA M 21739Page649 July 6 , 2015 – 10 00 am Continued 5 27 2015 1 57 42 PM dwoodward2 2015 - 200362 59226732 MCLAMB , LOLA M 21739 5 27 2015 1 58 22 PM dwoodward2 2015 - 200363 59226732 MCLAMB , LOLA M 21469 5 29 2015 2 11 20 PM dwoodward2 2015 - 200481 2000150235 AYCOCK , MARGAREE H 95175 5 29 2015 2 13 23 PM dwoodward2 2015 - 200482 2000150235 AYCOCK , MARGAREE H 95175 5 29 2015 2 15 00 PM dwoodward2 2015 - 200483 2000150235 AYCOCK , MARGAREE H 95175 6 2 2015 2 11 16 PM cfutch 2010 - 71208 2000077900 RAINBOW INVESTMENTS LLC 1,21074 6 2 2015 2 18 26 PM cfutch 2011 - 71664 2000077900 RAINBOW INVESTMENTS LLC 1,02697 6 2 2015 2 20 51 PM cfutch 2012 - 74723 2000077900 RAINBOW INVESTMENTS LLC 1,02697 6 2 2015 2 23 35 PM cfutch 2013 - 74393 2000077900 RAINBOW INVESTMENTS LLC 1,02697 6 2 2015 2 25 53 PM cfutch 2014 - 75350 2000077900 RAINBOW INVESTMENTS LLC 1,03906 6 2 2015 2 48 43 PM cfutch 2010 - 71200 2000103569 RAINBOW INVESTMENTS 63830 6 2 2015 2 51 22 PM cfutch 2011 - 71657 2000103569 RAINBOW INVESTMENTS 35595 6 2 2015 2 54 29 PM cfutch 2012 - 74721 2000103569 RAINBOW INVESTMENTS 35595 6 2 2015 2 57 46 PM cfutch 2013 - 74391 2000103569 RAINBOW INVESTMENTS 35595 6 2 2015 3 00 56 PM cfutch 2014 - 75348 2000103569 RAINBOW INVESTMENTS 36014 6 10 2015 2 52 47 PM ghermane 2014 - 104249 2000178197 NORFIELD COM 42570 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 5 18 2015 10 49 01 AM astancil 2014 - 3720 2000164557 ARENAS , MARIA SERRANO 14672 5 18 2015 2 21 56 PM jmorrow 2014 - 55075 2000145479 LEE , MICHAEL EARL 19713 5 18 2015 2 36 01 PM jmorrow 2014 - 98794 96368200 WILLIAMS , ROSSIE JR 15331 5 20 2015 12 10 17 PM blbarbour 2014 - 23683 2000110777 CULBERTSON , STANLEY 20525 5 26 2015 1 08 51 PM jmorrow 2013 - 102298 2000141016 HOLLIFIELD , SHERRY M 11179 5 27 2015 12 28 30 PM blbarbour 2014 - 32457 2000174463 FIRST AMERICAN TITLE 23977 INSURANCE CO 5 29 2015 9 59 08 AM jmorrow 2014 - 22048 2000098239 CRAMER , DANA L 12093 6 1 2015 10 00 41 AM jmorrow 2014 - 4961 2000139970 BACHELDER , TAMARA M 20231 6 2 2015 2 33 12 PM cfutch 2015 - 200594 2000103569 RAINBOW INVESTMENTS 2,10080 6 2 2015 2 49 17 PM cfutch 2010 - 71200 2000103569 RAINBOW INVESTMENTS 66064 6 2 2015 2 52 03 PM cfutch 2011 - 71657 2000103569 RAINBOW INVESTMENTS 35595 6 2 2015 2 54 46 PM cfutch 2012 - 74721 2000103569 RAINBOW INVESTMENTS 35595 6 2 2015 2 59 15 PM cfutch 2013 - 74391 2000103569 RAINBOW INVESTMENTS 35595 6 2 2015 3 01 10 PM cfutch 2014 - 75348 2000103569 RAINBOW INVESTMENTS 36014 6 2 2015 3 14 18 PM cfutch 2010 - 71200 2000103569 RAINBOW INVESTMENTS 66136 6 2 2015 3 33 05 PM cfutch 2014 - 84811 2000142106 SPELLS , MICHAEL D 72811 6 3 2015 11 56 52 AM blbarbour 2014 - 103765 2000175865 DAVIS , CLINT D 50000 6 8 2015 10 53 04 AM jmorrow 2013 - 102298 2000141016 HOLLIFIELD , SHERRY M 11092 6 12 2015 8 33 42 AM jevans 2013 - 96524 2000128917 WILKINS , JENNIFER SCOTT 18000 6 15 2015 12 55 04 PM awestbrook 2014 - 70926 68605340 PEARCE , JAMES DONALD 28767 North Carolina Vehicle Tax System - Pending Refund Report – May 2015 100 + Payee Name Bill # Transaction # Refund Total Reason Change BASS , 0026073683 57745284 Situs error 000 BARNEY 9627 1351 3209 11485 BELVIN , 0026072693 28996660 Adjustment 21949 BRYAN 2744 24693 CHARLES 0026170948 57745372 Situs error 000 CABINETS INC 19862 2788Page650 July 6 , 2015 – 10 00 am Continued 6621 23695 HEATH , 0026277199 28996562 Over 9442 BECKY Assessment 606 10048 MORRIS , 0026015956 29410090 Military 25724 TIMOTHY 2309 28033 ROBERTS , 0026254217 28939410 Military 12784 DAVID 1147 13931 ROBERTS , 0026254353 28939408 Military 10597 DAVID 951 11548 SPAIN , BARRY 0024742011 28392692 Over 10374 Assessment 1995 12369 ZUNIGA , 0026205025 28996152 Over 10654 HUMBERTO Assessment 956 11610 June 24 , 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 5 16 15 to 6 15 15 Tax refunds - Personal Real Property 48044 Tax releases - Personal Real Property 61511 Motor Vehicle releases refunds 29905 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb D Proclamation – Horseless Carriage Recognition Week adopted as follows PROCLAMATION HORSELESS CARRIAGE RECOGNITION WEEK WHEREAS , the Horseless Carriage Club of America , North Carolina Region , holds annual tours in various locations in the southeastern United States ; and WHEREAS , the organization’s aim is to preserve and maintain vintage automobiles made prior to 1927 and to preserve the heritage of economic , industrial and social growth associated with the automobile industry in this nation ; and WHEREAS , the North Carolina Chapter of the Horseless Carriage Club of America shall hold a significant tour based in Johnston County during July 2015 ; and WHEREAS , the tour will bring over 75 vintage automobiles , older than 88 years old , to Johnston County , as well as over 200 visitors associated with the tour ; and WHEREAS , the presence of the tour in Johnston County will not only bring desired economic activity , but also allow the citizens and merchants of Johnston County to showcase our wonderful county ; and NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim July 20 through July 24 , 2015 as “ Horseless Carriage Week in Johnston County ” and welcome all members of the tour and general public in enjoyment of these moving reminders of our history th Adopted this 6 day of July , 2015 3 Public Comments A Recognition of Public Utilities Department Director of Public Utilities Chandra Coats , PE explained that the Johnston County Water Distribution Division is actually permitted as two separate sections known as “ Johnston County – East ” and “ Johnston County – West ” Ms Coats stated she is pleased to report that both sections recently received a North Carolina Area Wide Optimization Award from the Division of Water Resources , Public Water Supply Section Ms Coats reported the awards are given annually to water systems that demonstrate outstanding turbidity removal which is a key test of drinking water quality Ms Coats stated both of the sections were honored for surpassingPage651 July 6 , 2015 – 10 00 am Continued federal and state drinking water standards and she is extremely proud of the staff for their work and dedication Ms Coats introduced and recognized Johnston County Water and Wastewater Plant Manager Dan Wall Mr Wall introduced and recognized Water Plant Superintendent James Davis and Water Plant Chief Operator Steve Beale and thanked them for their work and commitment The Board congratulated the Public Utilities Department on the award and thanked them for their hard work and dedication 4 Department Spotlight – Child Support Enforcement Child Support Enforcement Director Kim Jernigan addressed the Board of Commissioners and provided everyone with a history and background of the Child Support Enforcement Office Ms Jernigan spoke on the services provided by Child Support , the methods by which they enforce child support , eligibility requirements , and statistics of the Child Support Office caseload Ms Jernigan presented the following PowerPoint Presentation to the Board PagePage pageNumber5652 July 6 , 2015 – 10 00 am ContinuedPagePage pageNumber6653 July 6 , 2015 – 10 00 am ContinuedPagePage pageNumber7654 July 6 , 2015 – 10 00 am Continued Ms Jernigan thanked the Board for allowing her the opportunity to highlight the Child Support Enforcement Office At the inquiry of Commissioner Allen L Mims , Jr , Ms Jernigan explained that the revoking of driver’s licenses , passports , wildlife licenses , and occupational licenses are enforcement actions ordered by the court but she noted the court takes into account recommendations from the Child Support Office Ms Jernigan reported it is rare to revoke someone’s driver’s license because it makes it difficult for that person to get to work and earn the money to pay their child support Ms Jernigan stated wage garnishments are one of the most effective means of collecting child support Upon a question by Chairman Tony Braswell , Ms Jernigan stated the office is in court on the first , third and fifth Friday of each month and their normal caseload is between 200 and 300 each day Ms Jernigan commended her staff noting they are well trained at their jobs and dedicated to their work She introduced the following staff members that accompanied her to the meeting Deana Pope , Carmon Pollock , Molly Atwell , Kim Johnston , and Tisha White Ms Jernigan reported the Child Support EnforcementPagePage pageNumber8655 July 6 , 2015 – 10 00 am Continued Office is made up of 20 full time employees and two part time employees She stated of the 20 full time employees , 14 of them have been with the Child Support Office for five years or longer The Board thanked the Child Support Enforcement Office for what they do for the County and for the children in the County Commissioner Cookie Pope stated she works with a law firm that works with the Child Support Enforcement Office throughout the year and the staff is very good to work with and always gets her the information she needs 5 Building & Grounds – Request to Surplus Vehicle Director of Buildings & Grounds Daniel Clifton requested the Board to declare the following vehicle surplus and approve for it to be sold at the next public auction to be scheduled at a later date Mr Clifton reported the engine requires major mechanical repairs He offered to answer any questions 1998 Chevrolet 2500 Truck VIN # 1GCGC24ROWZ214078 117,225 miles Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board declared the above listed vehicle surplus and approved for it to be sold at the next public auction to be scheduled at a later date 6 Emergency Services – Approval of Fire Services Contracts Emergency Services Assistant Director Paul Whitehurst requested the Board’s approval of the new fire services contracts to be effective on July 1 , 2015 Mr Whitehurst explained the fire services contracts are revised and renewed every two years and over the past few months , staff has worked with the County Attorney to make necessary revisions to the contract to reflect current conditions and needs He stated the proposed changes were presented at the June Fire Chief’s Meeting Mr Whitehurst provided the Board with an overview of the revisions , as listed below Agreement with Non - Profit Service Providers • Clarified that the tax rate would be set in the discretion of the Johnston County Board of Commissioners ¶ 2 • Clarified that funds were to be used exclusively for fire department operations for service required under the Agreement ¶ 4 • Clarified standards under which services would be provided and description of primary service area ¶ 5 • Clarified Johnston County has right to inspect books and accounts , audit requirements , public bidding requirements , and the use of tax - exempt financing when available ¶ 6 • Clarified asset tracking and disposition of property upon liquidation , dissolution , or is no longer the service provider for Johnston County ¶ 8 • Clarified County’s right to withhold funds for failure of performance by service contractor ¶ 9 • Updated insurance requirements which should be consistent with typical VFIS coverage ¶ 10 • Clarified rating requirements ¶ 11 • Addition of Paragraph 23 to define the relationship of the parties as independent contractors ¶ 23 • Addition to Paragraph 24 regarding provision of notice under the agreement ¶ 24 Agreement with Municipal Corporations • Clarified that the tax rate would be set in the discretion of the Johnston County Board of Commissioners ¶ 2 • Clarified that funds were to be used exclusively for fire department operations for service required under the Agreement whether inside or outside of the Town’s corporate boundaries ¶ 5 • Clarified standards under which services would be provided and description of primary service area ¶ 6 • Clarified Johnston County has right to inspect books and accounts , audit requirements , public bidding requirements and asset tracking ¶ 7 • Clarified County’s right to withhold funds for failure of performance by service contractor ¶ 8 • Updated insurance requirements which should be consistent with typical VFIS coverage although we are willing to consider other insurance limits because of governmental immunity defenses ¶ 9 • Clarified rating requirements ¶ 10 • Addition of Paragraph 22 to define the relationship of the parties as independent contractors ¶ 22 • Addition to Paragraph 23 regarding provision of notice under the agreement ¶ 23 PagePage pageNumber9656 July 6 , 2015 – 10 00 am Continued Mr Whitehurst stated a lot of the revisions were clarifications to things that were already being done and he offered to answer any questions Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board approved the following fire services contracts to be effective July 1 , 2015 NORTH CAROLINA JOHNSTON COUNTY This Agreement , made and entered into this first day of July , 2015 , by and between County of Johnston , a political subdivision of the State of North Carolina , hereinafter referred to as the County , and the ________________________________________ , a non - profit corporation existing under the laws of the State of North Carolina , hereinafter referred to as the Fire Department ; Now therefore , in consideration of the mutual promises contained herein and other good and valuable consideration , the parties hereto contract and agree as follows 1 The County agrees that it will cause to be assessed or levied a special fire tax within statutory limits after consultation with the Fire Department ; and will collect said fire tax on an ad valorem basis 2 The Fire District Tax Commission for the ____________ Fire District shall submit in writing to the Johnston County Manager a proposed budget and the requested rate of fire tax to be levied by the established deadline each year This request shall be forwarded to the Johnston County Board of Commissioners for consideration by the Johnston County Board of Commissioners The Johnston County Board of Commissioners will determine and approve , in its discretion , the amount to be assessed or levied , taking into consideration the needs of the citizens of the Fire Protection Services District and the budget projections submitted by the Fire District Tax Commission 3 Funds collected by the County as a result of said special fire tax shall be distributed in accordance with the rate of fire tax levied per hundred dollars valuation of all real property and personal property in the _________________ Fire District and the provisions established by the Johnston County Finance Office 4 Fire Protection Service District NC General Statute 153A - 301 funds levied and collected by the County and paid to the Fire Department by the County shall be used exclusively for fire department operations to provide fire protection and emergency services in the Fire District and other areas of response as dispatched and to meet the standards established by this Agreement 5 The Fire Department will furnish fire protection and related emergency services pursuant to the standards set forth by the North Carolina Department of Insurance , County , and all other pertinent federal , state , and local laws and regulations within the Fire District sometimes referred to herein as “ primary service area ” and shall provide the necessary equipment , personnel , and those things necessary for furnishing such protection in the Fire District The Fire District is defined in the map of the Fire Protection Service District on record with the Clerk to the Johnston County Board of Commissioners and in the GIS Land Records Management of Johnston County The services shall be in accordance with minimum standards set forth in this Agreement and all future amendments adopted in accordance with paragraph 19 of this agreement The Fire Department shall furnish said fire protection without charge to all persons and property located in the Fire District in an efficient and workmanlike manner This provision shall not prohibit the Fire Department from recouping cost and expense from incidents or from entering into contracts with the Federal , State , or local governments or utility companies for the provisions of emergency protection services for a fee , or from applying for and or receiving any donations , grants , or contributions of any kind , whether governmental or private 6 Fire Department agrees that County has the right to inspect all books and accounts of Fire Department at any time Said inspection shall be conducted by the Johnston County Board of Commissioners through the Johnston County Fire Marshal , the Johnston County Finance Officer , or other designees of the Johnston County Board of Commissioners The County shall require the Fire Department to furnish all applicable materials and financial statements for the purpose of the annual audit conducted by a certified public accountant which shall be in conformity with General Accepted Accounting Principles or other comprehensive basis of accounting The Fire Department also agrees to secure and maintain a blanket bond on all persons who have access to or authority to disburse funds belonging to the Fire Department Such blanket bond shall be through a company licensed to provide said blanket bonds and be in the amount of not less than the revenues to be collected by the County in the tax district served by the Fire Department as projected by the County for the upcoming year Proof of such bonding shall be provided to the County prior to the disbursement of any funds by the County to the Fire Department The Fire Department shall follow the applicable North Carolina statutory procedures for letting of public contracts for fire apparatus , equipment , and construction as may be amended by the North Carolina Legislature from time to time Currently , the dollar threshold for formal bidding of construction or repair contracts is an estimated cost of contract at 500,00000 and above The dollar threshold for formal bidding for the purchase of apparatus , supplies , materials , and equipment is 90,00000 and above The dollar threshold for informal bidding of construction or repair contracts and the purchase of apparatus , supplies , materials and equipment is 30,00000 to thePage0657 July 6 , 2015 – 10 00 am Continued formal limit Fire Department may use the previously bid or piggybacking contracts exception for public bidding consistent with NCGS 143 - 129 g Fire Department further agrees it should use tax - exempt financing to the extent it is available for all asset acquisitions in the amount of 90,00000 or above 7 The Fire Department , during the term of this contract , shall remain incorporated and do business as a private non - profit corporation under the provisions of the North Carolina Non - Profit Corporation Act A true copy of the Articles of Incorporation , existing By - Laws , and any changes made from time - to - time to either will be filed with the County The Fire Department will adopt By - Laws , which meet all minimum legal requirements of said Act The By - Laws shall vest in a Board of Directors the authority to manage the affairs of the corporation to the extent permitted by said Act The Fire Department Board of Directors shall be representative of the citizens within the Fire District and are encouraged to include non - member citizens 8 Fire Department shall maintain an accurate accounting of the use of funds paid to it by County under this Agreement and shall maintain an accurate inventory of any property with a purchase price of 5,00000 or greater purchased in whole or in part with County Fire District funds for the purpose of providing and furnishing fire protection services to the Fire District pursuant to this Agreement In the event of a liquidation or dissolution of the Fire Department , or in the event that the Fire Department is no longer responsible for County - provided fire protection in the Fire Department’s primary service area pursuant to this Agreement , all Fire Department assets and property that have been acquired using County Fire District Funds , including all cash , equipment , and assets , real and personal , shall be assigned to and become the property of the County or to such other entity as determined by County as may succeed the Fire Department in providing fire protection in the Fire District on behalf of the County To the extent that assets or property was acquired by Fire Department using a combination of County Fire District Funds and funds of another municipality within Johnston County , the property will be divided between the County and the municipality on a pro - rata basis 9 If any condition of this Agreement is not being fulfilled by Fire Department to the satisfaction of County , in County’s sole discretion , the Johnston County Finance Officer has the right to withhold any and all funds to be paid to Fire Department under this Agreement at any time and until such time as the Fire Department complies with the terms of this Agreement If Fire Department refuses or fails to provide fire protection services , facilities , or functions as contemplated under this Agreement and to the sole satisfaction of County , the Johnston County Fire Marshal shall investigate the cause of said refusal or failure During the investigation by the Johnston County Fire Marshal , County may withhold any and all funds due and payable to Fire Department If the investigation by the Johnston County Fire Marshal determines that Fire Department has refused or failed to perform the duties and obligations of it as required herein , and certifies the results of the investigation to the County Manager , the County Manager may instruct the Finance Officer to withhold any and all funds to be paid to Fire Department under this Agreement until a resolution regarding the refusal or failure to perform is reached by the parties If a resolution is unable to be reached by the parties , County , in its sole discretion , may withhold any and all funds to be paid to Fire Department under this Agreement , terminate this Agreement for cause , or take any other such action as County deems necessary to protect the citizens of the Fire Protection Service District Fire Department’s failure to file reports required of it to any Federal , State , or local authority shall be grounds for County to terminate this Agreement with Fire Department for cause If this Agreement is terminated by County for cause , Fire Department shall be liable to County for any and all funds appropriated and paid to Fire Department during the fiscal year in which the termination occurs Additionally , Fire Department shall not be relieved of its obligations to County under paragraph 8 of this Agreement Nothing herein shall affect Fire Department’s ultimate rights to payments , or County’s responsibility for payments , as outlined herein for services actually rendered by Fire Department prior to the effective date of any termination Nothing herein shall prevent County and Fire Department , in the event of a termination of this contract for any reason , from entering into an agreement to provide services beyond the effective date of any such termination 10 The Fire Department shall obtain and keep in force during the term of this contract the following minimum insurance coverage a Worker’s Compensation Coverage for all paid and volunteer workers meeting the statutory requirements of the State of North Carolina ; b Comprehensive General Liability , Malpractice , and Errors and Omissions Coverage with minimum limits of 1,000,00000 per occurrence , 1,000,00000 aggregate combined single minimum for bodily injury liability and property damage liability ; c Business Auto Policy Coverage with minimum limits of 1,000,00000 per occurrence combined single limit for bodily injury liability and property damage liability This shall include owned vehicles , hired , and non - owned vehicles and employee non - ownership d Management or Directors and Officers Liability Coverage with minimum limits of 1,000,00000 per claim and 2,000,00000 aggregate e Umbrella Liability Coverage with a minimum limit of 1,000,00000 with underlying coverage of auto liability , general liability , employer’s liability , and 1,000,00000 aggregate f County as an Additional Insured County of Johnston shall be named as an additional insured on all policies of insurance required hereunder Fire Department shall furnish County a certificate of insurance annually Page1658 July 6 , 2015 – 10 00 am Continued g Indemnity Agreement Fire Department shall and hereby agrees to indemnify and save harmless County , from any and all liability and expenses , including attorney’s fees , court costs , and other costs incurred by County caused by the negligent acts or omissions of Fire Department , its volunteers , agents and employees h Nothing contained herein shall be construed as a waiver of immunity by the County 11 The Fire Department shall provide services within the _________________ Fire Insurance District NC General Statute 153A - 233 and maintain a minimum of a 9S E rating or better with the North Carolina Department of Insurance , Office of State Fire Marshal , as well as its present nonprofit corporation status pursuant to Chapter 55A of the North Carolina General Statues The Fire Department shall continuously comply with all applicable laws , ordinances , and Federal and State regulations See paragraph # 7 Fire Department shall submit to the Johnston County Fire Marshal a written plan outlining how it will maintain or upgrade its current insurance rating when requested by the Johnston County Fire Marshal 12 The Fire Department shall create and maintain an incident report for all emergency responses for a minimum of five 5 years The County shall provide and maintain an incident reporting database for the Fire Department’s use The Fire Department shall submit incident reports electronically to their respective County in a timely manner , either through direct entry into the County database or by electronic transmission of incident reports to the County 13 The Fire Department shall provide annually to the Johnston County Fire Marshal’s Office a current and complete roster of members of the Fire Department to include contact numbers for the Chief and Assistant Chief s 14 The Fire Department agrees to provide automatic and mutual aid services to other emergency services providers in Johnston County The Fire Department understands that other agencies will maintain their own liability policies and be responsible for their own expenses The Fire Department further agrees that it will be responsible for its own expenses while responding to a request for mutual aid to another agency within the county The current automatic aid agreement is included in Appendix A of this contract In areas where the fire district has been extended to six miles , the Fire Department agrees to maintain agreements with adjoining districts to respond with a minimum of one apparatus capable of transporting a minimum of 1,000 gallons of water to all alarms involving reported structure fires This apparatus will be dispatched simultaneously with the department within whose district the incident occurs 15 The following minimal performance standards are agreed upon by the County and the Fire Department and are part of this contract a The Fire Department shall comply with the procedures for radio communications and established protocols for the dispatch of emergencies as defined by the Johnston County Communications Center Protocols b The Fire Department officer in charge at all fire scenes shall attempt to determine the origin and cause of every fire When the officer in charge cannot determine the origin and cause of the fire , or if the cause is suspected to be of an incendiary nature , the officer in charge should request assistance from the Johnston County Fire Marshal’s Office c The Fire Department shall keep all records on site for minimum period of five 5 years All State and County required reports and rosters shall be submitted by the requested deadlines d If pressurized fire hydrants are located within the fire district , the Fire Department shall adhere to the guidelines established by the Johnston County Public Utilities Department for the flowing of hydrants The Fire Department shall immediately report any malfunctions or damage to hydrants to the entity owning the water system e The Fire Department shall follow the Johnston County Emergency Operations Plan when responding to an emergency or disaster f During a declared State of Emergency affecting the County , the Fire Department shall assist , within the limits of its personnel and equipment and capabilities and with deference to its primary service area , to the extent possible with the following services 1 Debris removal from roadways ; 2 Traffic Control ; 3 Alert and notification ; 4 Search and rescue ; 5 Evacuation ; and 6 other life saving and property protection measures as necessary Request for additional assistance outside the primary service area shall be directed to the Fire Chief or designee All operations shall be in accordance with the Johnston County Emergency Operations Plan g The Fire Department should have a public fire life safety education program or similar activities for , at a minimum , educating persons regarding life safety from fire Page2659 July 6 , 2015 – 10 00 am Continued h When determining the need and location of additional facilities fire stations , etc , the Fire Department shall participate in a planning process involving the County Fire Marshal which evaluates , at a minimum , the needs of the department , the effects on property owners , the effects on insurance grading , and the impacts on adjoining fire districts i Each Fire Department may elect to voluntarily participate in certain services Each department that provides these services shall be contracted or franchised for the operation of such service , pursuant to the rules set forth by the Johnston County Board of Commissioners If the Fire Department has chosen to participate in any of these programs , the agreements can be found as Appendices of this contract SERVICE APPENDIX # Medical Services B Rescue Services C Other Services D 16 This agreement shall become effective the first day of July , 2015 , and remain in effect for a period not to exceed two years , subject to the continued legal existence of the Fire District and the Fire Department , and further subject to the termination provisions of paragraph 8 , 9 , and 18 hereof 17 This agreement may not be transferred or assigned by the Fire Department , nor may the services contracted for herein be sub - contracted to other parties unless approved by the Johnston County Board of Commissioners 18 This contract may be terminated by either party upon advance notification to the other party by certified mail at least sixty 60 days prior to termination 19 Either party may propose an amendment to this agreement by submitting the amendment in writing at least sixty 60 days in advance of the amendment’s proposed effective date Amendments to this agreement must be approved by both the County and the Fire Department prior to becoming effective 20 If any part of this Contract is for any reason held invalid or unconstitutional by any court of competent jurisdiction , that part shall be deemed a separate , distinct and independent provision , and the holding shall not affect the validity of the remaining portions of this Contract 21 This contract is not intended to serve for the benefit of any third party The rights and obligations contained herein belong exclusively to the entities that are parties hereto and no third party shall rely upon anything contained herein as a benefit to that third party 22 The terms and provisions herein contained constitute the entire agreement by and between the County and the Fire Department and shall supersede all previous communications , representations , or agreements , either oral or written between the parties hereto with respect to the subject matter hereof 23 RELATIONSHIP OF THE PARTIES The relationship of the parties established by this Agreement is solely that of independent contractors , and nothing contained in this contract shall be construed to i give any party the power to direct or control the day - to - day activities of the other ; ii constitute such parties as partners , joint ventures , co - owners or otherwise as participants in a joint or common undertaking ; iii make either party an agent of the other for any purpose whatsoever ; or iv give either party the authority to act for , bind , or otherwise create or assume any obligation on behalf of the other Nothing herein shall be deemed to eliminate any fiduciary duty on the party of the Fire Department to the County that may arise under the law or under the terms of this Agreement 24 NOTICES All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received a when hand delivered to the address stated below , b three 3 days after being mailed to the address stated below , postage prepaid by certified or registered mail of the United States , return receipt requested to the address set forth below TO FIRE DEPARTMENT TO COUNTY Johnston County Emergency Services Post Office Box 530 mail 120 S Third Street physical Smithfield , North Carolina 27577 Attn Johnston County Fire Marshal With copy to Page3660 July 6 , 2015 – 10 00 am Continued County of Johnston Post Office Box 1049 mail Courthouse 206 - B 207 E Johnston Street physical Smithfield , North Carolina 27577 Attn County Attorney Either party to this Contract may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above IN TESTIMONY WHEREOF , the County has caused this instrument to be executed by the Chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners , and the Fire Department has caused this instrument to be signed in its name by its President , attested by its Secretary , all by the authorization of its Board of Directors duly given NORTH CAROLINA JOHNSTON COUNTY INTERLOCAL AGREEMENT FOR PROVISION OF FIRE PROTECTION SERVICES This Agreement sometimes referred to as “ Contract ” , made and entered into this the first day of July , 2015 , by and between County of Johnston , a political subdivision of the State of North Carolina , hereinafter referred to as the “ County , ” and the __________________ , a body politic and corporate of the State of North Carolina , hereinafter referred to as the “ Town ” ; WHEREAS , the Town and the County are authorized pursuant to NC General Statute § 160A - 460 , et seq , to enter into an interlocal agreement ; and WHEREAS , the Town and the County wish to enter into such an agreement by which the County will assess and collect a special fire tax and the Town will provide certain fire protection services as described herein Now therefore , in consideration of the mutual promises contained herein and other good and valuable consideration , the parties hereto contract and agree as follows 1 The County agrees that it will cause to be assessed or levied a special fire tax within statutory limits after consultation with the Town ; and will collect said fire tax on an ad valorem basis on property within the ___________________ Fire Protection Service District hereinafter the “ District ” 2 The Town , after consultation with the Fire District Tax Commission for the District , shall submit in writing to the Johnston County Manager a proposed budget and the requested rate of fire tax to be levied by the established deadline each year This request shall be forwarded to the Johnston County Board of Commissioners for consideration by the Johnston County Board of Commissioners The Johnston County Board of Commissioners will determine and approve , in its discretion , the amount to be assessed or levied , taking into consideration the needs of the citizens of the District and the budget projections submitted by the Town and the recommendations of the Fire District Tax Commission 3 “ Fire Department ” as used herein refers to the Town , acting by and through its Fire Department 4 Funds collected by the County as a result of said special fire tax shall be distributed in accordance with the rate of fire tax levied per hundred dollars valuation of all real property and personal property in the District and the provisions established by the Johnston County Finance Office 5 Fire Protection Service District NC General Statute 153A - 301 funds levied and collected by the County and paid to the Fire Department by the County shall be used exclusively for fire department operations to provide fire protection and emergency services in the District , whether within or outside the Town’s corporate boundaries , and other areas of response as dispatched and to meet the standards established by this Agreement 6 The Fire Department will furnish fire protection and related emergency services pursuant to the standards set forth by the North Carolina Department of Insurance , County , and all other pertinent federal , state , and local laws and regulations within the Fire District sometimes referred to herein as “ primary service area ” and shall provide the necessary equipment , personnel , and those things necessary for furnishing such protection in the District The District is defined in the map of the Fire Protection Service District on record with the Clerk to the Johnston County Board of Commissioners and in the GIS Land Records Management of Johnston County The services shall be in accordance with minimum standards set forth in this Agreement and all future amendments adopted in accordance with paragraph 18 of this Agreement The Fire Department shall furnish said fire protection without charge to all persons and property located in the District in an efficient and workmanlike manner This provision shall not prohibit the Fire Department from recouping costs andPage4661 July 6 , 2015 – 10 00 am Continued expenses from incidents or from entering into contracts with the Federal , State , or local governments or utility companies for the provision of emergency protection services for a fee , or from applying for and or receiving any donations , grants , or contributions of any kind , whether governmental or private 7 Fire Department agrees that County has the right to inspect all books and accounts of Fire Department at any time Said inspection shall be conducted by the Johnston County Board of Commissioners through the Johnston County Fire Marshal , the Johnston County Finance Officer , or other designees of the Johnston County Board of Commissioners The Fire Department shall furnish all applicable materials and financial statements for the purpose of the annual audit conducted by the Town in conformity with General Accepted Accounting Principles or other comprehensive basis of accounting The Town shall follow the applicable statutory procedures for letting of public contracts for fire apparatus , equipment , and construction as may be amended by the North Carolina Legislature from time to time Fire Department shall maintain an accurate inventory of any property with a purchase price of 5,00000 or greater purchased in whole or in part with County Fire District funds for the purpose of providing and furnishing fire protection services to the Fire District pursuant to this Agreement 8 If any condition of this Agreement is not being fulfilled by Fire Department to the satisfaction of County , in County’s sole discretion , the Johnston County Finance Officer has the right to withhold any and all funds to be paid to Fire Department under this Agreement at any time and until such time as the Fire Department complies with the terms of this Agreement If Fire Department refuses or fails to provide fire protection services , facilities , or functions as contemplated under this Agreement and to the sole satisfaction of County , the Johnston County Fire Marshal shall investigate the cause of said refusal or failure During the investigation by the Johnston County Fire Marshal , County may withhold any and all funds due and payable to Fire Department If the investigation by the Johnston County Fire Marshal determines that Fire Department has refused or failed to perform the duties and obligations of it as required herein , and certifies the results of the investigation to the County Manager , the County Manager may instruct the Finance Officer to withhold any and all funds to be aid to Fire Department under this Agreement until a resolution regarding the refusal or failure to perform is reached by the parties If a resolution is unable to be reached by the parties , County , in its sole discretion , may withhold nay and all funds to be paid to Fire Department under this Agreement , terminate this Agreement for cause , or take any other such action as County deems necessary to protect the citizens of the District Fire Department’s failure to file reports required of it to any Federal , State , or local authority shall be grounds for County to terminate this Agreement with Fire Department for cause If this Agreement is terminated by County for cause , Fire Department shall be liable to County for any and all funds appropriated and paid to Fire Department during the fiscal year in which the termination occurs Additionally , Fire Department shall not be relieved of its obligations to County under paragraph 7 of this Agreement Nothing herein shall affect Fire Department’s ultimate rights to payments , or County’s responsibility for payments , as outlined herein for services actually rendered by Fire Department prior to the effective date of any termination Nothing herein shall prevent County and Fire Department , in the event of a termination of this Agreement for any reason , from entering into an agreement to provide services beyond the effective date of any such termination 9 The Fire Department shall obtain and keep in force during the term of this contract the following minimum insurance coverage a Worker’s Compensation Coverage for all paid and volunteer workers meeting the statutory requirements of the State of North Carolina ; b Comprehensive General Liability , Malpractice , and Errors and Omissions Coverage with minimum limits of 1,000,00000 per occurrence , 1,000,00000 aggregate combined single minimum for bodily injury liability and property damage liability ; c Business Auto Policy Coverage with minimum limits of 1,000,00000 per occurrence combined single limit for bodily injury liability and property damage liability This shall include owned vehicles , hired , and non - owned vehicles and employee non - ownership d Management or Directors and Officers Liability Coverage with minimum limits of 1,000,00000 per claim and 2,000,00000 aggregate e Umbrella Liability Coverage with a minimum limit of 1,000,00000 with underlying coverage of auto liability , general liability , employer’s liability , and 1,000,00000 aggregate f Indemnity Agreement Fire Department shall and hereby agrees to indemnify and save harmless County , from any and all liability and expenses , including attorney’s fees , court costs , and other costs incurred by County caused by the negligent acts or omissions of Fire Department , its volunteers , agents and employees g Nothing contained herein shall be construed as a waiver of immunity by the County 10 The Fire Department shall provide services within the District NC General Statute 153A - 233 and maintain a minimum of a 9S E rating or better with the North Carolina Department of Insurance , Office of State Fire Marshal The Fire Department , shall continuously comply with all applicable laws , ordinances , and State regulations Fire Department shall submit to the Johnston County Fire Marshal a written plan outlining how it will maintain or upgrade its current insurance rating when requested by the Johnston County Fire Marshal Page5662 July 6 , 2015 – 10 00 am Continued 11 The Fire Department shall create and maintain an incident report for all emergency responses for a minimum of five 5 years The County shall provide and maintain an incident reporting database for the Fire Department’s use The Fire Department shall submit incident reports electronically to their respective County in a timely manner , either through direct entry into the County database or by electronic transmission of incident reports to the County 12 The Fire Department shall provide annually to the Johnston County Fire Marshal’s Office a current and complete roster of members of the Fire Department to include contact numbers for the Chief and Assistant Chief s 13 The Fire Department agrees to provide automatic and mutual aid services to other emergency services providers in Johnston County The Fire Department understands that other agencies will maintain their own liability policies and be responsible for their own expenses The Fire Department further agrees that it will be responsible for its own expenses while responding to a request for mutual aid to another agency within the county The current automatic aid agreement is included in Appendix A of this contract In areas where the fire district has been extended to six miles , the Fire Department agrees to maintain agreements with adjoining districts to respond with a minimum of one apparatus capable of transporting a minimum of 1,000 gallons of water to all alarms involving reported structure fires This apparatus will be dispatched simultaneously with the department within whose district the incident occurs 14 The following minimal performance standards are agreed upon by the County , Town , and the Fire Department and are part of this contract a The Fire Department shall comply with the procedures for radio communications and established protocols for the dispatch of emergencies as defined by the Johnston County Communications Center Protocols b The Fire Department officer in charge at all fire scenes shall attempt to determine the origin and cause of every fire When the officer in charge cannot determine the origin and cause of the fire , or if the cause is suspected to be of an incendiary nature , the officer in charge should request assistance from the Johnston County Fire Marshal’s Office c The Fire Department shall keep all records on site for minimum period of five 5 years All State and County required reports and rosters shall be submitted by the requested deadlines d If pressurized fire hydrants are located within the fire district , the Fire Department shall adhere to the guidelines established by the Johnston County Public Utilities Department for the flowing of hydrants The Fire Department shall immediately report any malfunctions or damage to hydrants to the entity owning the water system e The Fire Department shall follow the Johnston County Emergency Operations Plan when responding to an emergency or disaster f During a declared State of Emergency affecting the County , the Fire Department shall assist , within the limits of its personnel and equipment and capabilities and with deference to its primary service area , to the extent possible with the following services 1 Debris removal from roadways ; 2 Traffic Control ; 3 Alert and notification ; 4 Search and rescue ; 5 Evacuation ; and 6 other life saving and property protection measures as necessary Request for additional assistance outside the primary service area shall be directed to the Fire Chief or designee All operations shall be in accordance with the Johnston County Emergency Operations Plan g The Fire Department should have a public fire life safety education program or similar activities for , at a minimum , educating persons regarding life safety from fire h When determining the need and location of additional facilities fire stations , etc , the Fire Department shall participate in a planning process involving the County Fire Marshal which evaluates , at a minimum , the needs of the department , the effects on property owners , the effects on insurance grading , and the impacts on adjoining fire districts i Each Fire Department may elect to voluntarily participate in certain services Each department that provides these services shall be contracted or franchised for the operation of such service , pursuant to the rules set forth by the Johnston County Board of Commissioners If the Fire Department has chosen to participate in any of these programs , the agreements can be found as Appendices of this contract SERVICE APPENDIX # Medical Services BPage6663 July 6 , 2015 – 10 00 am Continued Rescue Services C Other Services D 15 This agreement shall become effective the first day of July , 2015 , and remain in effect for a period not to exceed two years , subject to the continued legal existence of the District and the Fire Department , and further subject to the termination provisions of paragraph 8 and 17 hereof 16 This agreement may not be transferred or assigned by the Town , nor may the services contracted for herein be sub - contracted to other parties unless approved by the Johnston County Board of Commissioners 17 This contract may be terminated by either party upon advance notification to the other party by certified mail at least sixty 60 days prior to termination 18 Either party may propose an amendment to this agreement by submitting the amendment in writing at least sixty 60 days in advance of the amendment’s proposed effective date Amendments to this agreement must be approved by both the County and the Town prior to becoming effective 19 If any part of this Contract is for any reason held invalid or unconstitutional by any court of competent jurisdiction , that part shall be deemed a separate , distinct and independent provision , and the holding shall not affect the validity of the remaining portions of this Contract 20 This contract is not intended to serve for the benefit of any third party The rights and obligations contained herein belong exclusively to the entities that are parties hereto and no third party shall rely upon anything contained herein as a benefit to that third party 21 The terms and provisions herein contained constitute the entire agreement by and between the County and the Town and shall supersede all previous communications , representations , or agreements , either oral or written between the parties hereto with respect to the subject matter hereof 22 RELATIONSHIP OF THE PARTIES The relationship of the parties established by this Agreement is solely that of independent contractors , and nothing contained in this contract shall be construed to i give any party the power to direct or control the day - to - day activities of the other ; ii constitute such parties as partners , joint ventures , co - owners or otherwise as participants in a joint or common undertaking ; iii make either party an agent of the other for any purpose whatsoever ; or iv give either party the authority to act for , bind , or otherwise create or assume any obligation on behalf of the other Nothing herein shall be deemed to eliminate any fiduciary duty on the party of the Fire Department to the County that may arise under the law or under the terms of this Agreement 23 NOTICES All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received a when hand delivered to the address stated below , b three 3 days after being mailed to the address stated below , postage prepaid by certified or registered mail of the United States , return receipt requested to the address set forth below TO FIRE DEPARTMENT Town of ______________ Fire Department TO COUNTY Johnston County Emergency Services Post Office Box 530 mail 120 S Third Street physical Smithfield , North Carolina 27577 Attn Johnston County Fire Marshal With copy to County of Johnston Post Office Box 1049 mail Courthouse 206 - B 207 E Johnston Street physical Smithfield , North Carolina 27577 Attn County Attorney 24 Either party to this Contract may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above IN TESTIMONY WHEREOF , the County has caused this instrument to be executed by the Chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners , and Town of ___________________ has caused this instrument to be signed in its name by its Mayor , attested by its Clerk , all by the authorization of their respective Boards duly given Page7664 July 6 , 2015 – 10 00 am Continued 7 Public Utilities – 2014 Sewer Rehabilitation Project Director of Utilities Chandra Coats , PE , explained that in March 2014 the Board of Commissioners authorized the County to apply for loan assistance for the 2014 Sewer Rehabilitation Project She reported the proposed project is identified in the County’s 2013 Capital Improvements Plan and includes sewer main and manhole rehabilitation work for three areas of the County’s wastewater collection system Holt Lake Interceptor , Buffalo Road Interceptor , and Brightleaf Boulevard Interceptor Ms Coats stated the North Carolina Department of Environment and Natural Resources has approved the project and has offered a Clean Water State Revolving Loan in the amount of 1,200,000 This is a 20 year loan with 0 interest Ms Coats requested the Board to adopt a resolution accepting the loan Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board adopted the following resolution accepting the 1,200,000 Clean Water State Revolving Loan for the 2014 Sewer Rehabilitation Project RESOLUTION BY JOHNSTON COUNTY BOARD OF COMMISSIONERS WHEREAS , the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works , wastewater collections systems , and water supply systems , water conservation projects , and WHEREAS , the North Carolina Department of Environment and Natural Resources has offered a Clean Water State Revolving Loan in the amount of 1,200,000 for the construction of the 2014 Sewer Rehabilitation Project WHEREAS , Johnston County intends to construct said project in accordance with the approved plans and specifications , NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County does hereby accept the Clean Water State Revolving Loan offer of 1,200,000 That Johnston County does hereby give assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the loan offer , Section II – Assurances will be adhered to That Rick J Hester , County Manager , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto Adopted this July 6 , 2015 8 Public Utilities – Amendment # 5 Johnston County City of Raleigh Utility Service Area Agreement Director of Utilities Chandra Coats , PE , reported the inter - local agreement between Johnston County and the City of Raleigh dated July 29 , 2008 allows Johnston County to provide water service along water mains located in Wake County for previously approved development and to assist in matters of public health and welfare She stated in an effort to reduce the number of future amendments and comply with Wake County’s requirements , staff has worked with the staff from Wake County and the City of Raleigh to compose a proposed Amendment No 5 which includes the following • Establishes a protocol for determining “ matters of public health and welfare ” in accordance with the agreement • Allows Johnston County to provide service to currently undeveloped lots in existing subdivisions where developed lots are served with County water • Updated exhibits • Clearly states that Johnston County shall own , operate and maintain our water mains located in Wake County Ms Coats requested the Board to approve Amendment No 5 to the Johnston County City of Raleigh inter - local agreement dated July 29 , 2008 and offered to answer any questions Upon questions by Commissioner Allen L Mims , Jr , Ms Coats reported the undeveloped lots in existing subdivisions are identified in the exhibits of the amendment She stated the only lots that are not specifically identified are lots that would be deemed a health hazard and would only be for existing homes only At the inquiry of Chairman Tony Braswell , Ms Coats stated the County currently serves approximately 100 to 150 customers in Wake County Page8665 July 6 , 2015 – 10 00 am Continued Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the following Amendment No 5 to the Johnston County City of Raleigh inter - local agreement dated July 29 , 2008 Page9666 July 6 , 2015 – 10 00 am ContinuedPage0667 July 6 , 2015 – 10 00 am ContinuedPage1668 July 6 , 2015 – 10 00 am ContinuedPage2669 July 6 , 2015 – 10 00 am ContinuedPage3670 July 6 , 2015 – 10 00 am Continued 9 Delinquent Tax Collection Report Tax Administrator Sheila Garner reported on the collection of delinquent taxes for the month of June 2015 She presented the following information Enforced Collections June 2015 June 2014 Wage Garnishments 47 171 Bank Attachments 68 158 Levys 0 0Page4671 July 6 , 2015 – 10 00 am Continued FY 14 15 FY 13 14 Wage Garnishments 1553 4502 Bank Attachments 676 1473 Levys 0 0 Foreclosures Complaints Filed June 2015 0 20 Pending Dollars Collected June 2015 12,47312 As of June 30 , 2015 , the Tax Department has collected 9980 of the real and personal levy for 2014 , which Ms Garner reported is a record for the Tax Department Through the NC State Debt Setoff Program , 231 accounts have been paid for a total of 21,63174 as of June 30 , 2015 The next foreclosure sale date is scheduled for July 23 , 2015 Ms Garner stated the 2015 tax bills are scheduled to be mailed on July 30 , 2015 Chairman Tony Braswell spoke on the excellent tax collection rate of 9980 and stated this is an incredible accomplishment Commissioner Cookie Pope commended the citizens of Johnston County for paying their taxes noting that if they did not pay their taxes , the collection rate would not be as good as it is Commissioner DeVan Barbour asked Ms Garner to extend the Board’s appreciation to the Tax Office staff for their excellent work Ms Garner introduced and recognized Collections Manager Cathy Futch and Collections Administrative Support Specialist II Jeannie Evans who accompanied her to the meeting 10 Annual Tax Settlement for 2014 and Charge to Collect Taxes for 2015 Tax Administrator Sheila Garner presented the following annual tax settlement as of June 30 , 2015 Total 2014 - 2015 Real