August 3, 2015 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 732 Meeting of the Johnston County Board of Commissioners August 3 , 2015 10 00 am The Johnston County Board of Commissioners met in regular session Monday , August 3 , 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 , Assistant Finance Director Tyson Radford , 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 405 Pine Level led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Chairman Tony Braswell asked the Board to consider tabling the Hospital Authority appointments agenda item Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the agenda tabling the Hospital Authority appointments 2 Consent Agenda Items Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – July 6 , 2015 – 10 00 am and 6 00 pm B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Denvale Drive – Traylex Subdivision Phase 1 – O’Neals Township C Tax Releases & Refunds – 06 16 2015 – 07 15 2015 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2013 1405 - 648726 1402 - 671135 JORDAN , JESSICA PAIGE Overpayment 16450 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 6 22 2015 4 11 36 PM ghermane 2015 - 200836 2000173436 DEEP RIVER BREWING CO 54810 7 2 2015 8 06 16 AM cfutch 2013 - 76728 2000059628 RIVERWOOD ON THE NEUSE LLC 45,46789 7 2 2015 8 16 02 AM cfutch 2014 - 77722 2000059628 RIVERWOOD ON THE NEUSE LLC 45,46789 7 10 2015 2 50 26 PM ghermane 2015 - 200985 2000105462 EYE SPECIALISTS OF 1,01129 7 10 2015 5 01 03 PM ghermane 2015 - 200999 2000153235 CLAYTONS CLEARING & GRADING 21120 7 15 2015 8 20 50 AM ghermane 2015 - 201056 2000155881 FIESTA MEXICANA IV INC 39549 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 6 17 2015 8 12 39 AM jmorrow 2014 - 679 2000153154 ADAMS , CONRAD L II 16912 6 18 2015 11 22 56 AM awestbrook 2014 - 49950 2000073839 JUAREZ , JOSE LISANDRO 33176 6 19 2015 10 33 45 AM awestbrook 2014 - 25029 2000166059 DAVIS , JOY BELINDA 16757Page733 August 3 , 2015 – 10 00 am Continued 7 2 2015 8 09 28 AM cfutch 2013 - 76728 2000059628 RIVERWOOD ON THE NEUSE LLC 48,08226 7 2 2015 8 42 29 AM cfutch 2014 - 77722 2000059628 RIVERWOOD ON THE NEUSE LLC 46,37724 7 7 2015 12 52 43 PM cfutch 2014 - 90717 2000136680 THONUS , RICHARD EDWARD 21750 MICHAEL 7 12 2015 12 00 00 AM blbarbour 2015 - 10721 10914280 BLACKMON , LUBY M JR 36792 7 12 2015 12 00 00 AM awestbrook 2015 - 79115 2000174899 ROGERS , MORRIS SHANE 29100 7 12 2015 12 00 00 AM blbarbour 2015 - 81522 2000102255 SCHILD , KENNETH BRYAN 21000 7 12 2015 12 00 00 AM jmorrow 2015 - 101627 2000181893 WOODARD , FRANCES 14380 7 12 2015 12 01 00 AM jmorrow 2015 - 45499 2000117154 FEDERAL HOME LOAN MORTGAGE 83594 7 12 2015 12 01 00 AM blbarbour 2015 - 81522 2000102255 SCHILD , KENNETH BRYAN 21000 7 12 2015 12 01 00 AM blbarbour 2015 - 93480 89629070 TYNER , DOUGLAS BRENT 25998 7 12 2015 12 02 00 AM blbarbour 2015 - 81522 2000102255 SCHILD , KENNETH BRYAN 21000 7 12 2015 12 06 00 AM blbarbour 2015 - 54529 2000107788 LEE , ANNIE J LIFE ESTATE 10992 7 12 2015 12 08 00 AM awestbrook 2015 - 51305 2000170667 KIDWELL , TIFFANY JEAN 15000 7 13 2015 4 28 18 PM awestbrook 2015 - 32611 2000162139 FOWLER , GUY D 29478 7 14 2015 9 13 30 AM awestbrook 2015 - 51305 2000170667 KIDWELL , TIFFANY JEAN 15000 North Carolina Vehicle Tax System - Pending Refund Report – June 2015 100 + Payee Name Bill # Transaction Refund Total Change # Reason JYMCO 0026370104 30084076 Processed 26852 DEVELOPMENT In Error 2754 INC 29606 PACE , RONALD 0026721648 30293918 Over 9344 Assessment 839 10183 July 23 , 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 6 16 15 to 7 15 15 Tax refunds - Personal Real Property 99092 Tax releases - Personal Real Property 33342 Motor Vehicle releases refunds 33782 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A In His Hands Pregnancy Support Center In His Hands Pregnancy Support Center Director Ann Earnest addressed the Board and provided the Commissioners with a brief background on the Center’s mission and work Ms Earnest stated they are a non - profit organization that provides faith based and life affirming support to women facing unplanned pregnancies as well as counseling for fathers , families and friends Ms Earnest spoke on the services they provide including confidential counseling , assistance with clothes and supplies for mothers and their infants , parenting education and skills , and other assistance depending on the particular circumstance and need Ms Earnest explained that their services are in great demand ; however , their funding is primarily through donations and they are looking for additional revenue as well as a larger facility She stated the Center hopes to approach the Commissioners during the Fiscal Year 2016 - 2017 budget discussions and request funding assistance Ms Earnest invited the Commissioners to visit the Center and learn more about what they offer The Commissioners briefly discussed the Center’s existing funding sources as well as annual budget Ms Earnest stated they receive a State grant in the amount of 8,000 which is used to purchase car seats and other related infant items She reported their annual budget is approximately 85,000 and they have served over 1,000 clients over the past 8 ½ years The Board thanked Ms Earnest for the information B Veterans Benefits Event Director of Veterans Services Robert Boyette announced that a Veterans Benefit Action Center and Veterans Resource Fair will be held August 26 - 28 , 2015 from 9 00 am until 5 00 pm at the Johnston County Agricultural Center Mr Boyette explained that veterans and their dependents will be assisted with facilitatingPage734 August 3 , 2015 – 10 00 am Continued and expediting new and existing claims , appeals , and healthcare issues Mr Boyette provided a handout for the event and encouraged anyone with questions to contact the Veterans Services Office for more information Chairman Tony Braswell and Commissioner Ted G Godwin both thanked Mr Boyette for helping to coordinate the event noting it is anticipated to be highly attended by veterans and their families 4 Department Spotlight – Heritage Center Heritage Center Director Todd Johnson provided the Board with a background on the Heritage Center Mr Johnson took the opportunity to recognize the Heritage Commission for all their work and support to the Center The Heritage Commission membership includes Art Andrews , Commissioner Representative DeVan Barbour , Pam Baumgartner , Pearl Blackmon , Dr John M Booker , Charles Creech , Matt Dean , Carolyn Ennis , Mary Nell Ferguson , Heather Ford , Tom Howerton , Current Chair Ann Huckenbeck , Tanya Jones - Boland , Stanton Massengill , Julia McCullers , Current Vice Chair Mary Stephens , Vicky Temple - Rains , and Myra Wallace in attendance at the meeting Mr Johnson thanked Commissioner DeVan Barbour for his representation on the Commission as well as Commissioner Cookie Pope who was one of the original members when the Commission was created in 1996 Mr Johnson stated the Heritage Center was created on paper in 1997 when First Citizens Bank offered their former home office in Smithfield to the County in order to expand the Johnston County Room Collection in the Public Library as well as to provide exhibit space for the County’s history Mr Johnson continued that a capital campaign was started that year which raised almost 1 million and the building renovations were completed in the Spring of 2000 Mr Johnson stated in the original planning for the Heritage Center , the Commission adopted the slogan “ Preserving and Sharing Johnston County’s Unique Story ” because that is the purpose of the Heritage Center Mr Johnson shared the following PowerPoint presentation with the Board and spoke on who the Heritage Center serves , what the Center does to preserve and tell the story of Johnston County’s history , and upcoming projects and events Page735 August 3 , 2015 – 10 00 am Continued Mr Johnson stated everyone in Johnston County has a story and he encourages everyone to write down that story and share it with the Heritage Center Mr Johnson also stated he and the Heritage Commission are very grateful to have a place where Johnston County’s unique story can be preserved and shared with others He thanked the Board of Commissioners for their support and for recognizing the importance of preserving the past The Board thanked Mr Johnson and the Heritage Commission for their work and efforts to preserve the history of Johnston County 5 Johnston Health Hospital Authority – Approval of Amendments to Bylaws and MOU Johnston Health Hospital Authority Attorney Lew Starling requested the Board to approve amendments to the Bylaws and Memorandum of Understanding for the Hospital Authority Mr Starling stated with Johnston Health’s new venture with UNC Healthcare some of the Authority’s duties have changed He reported the Executive Committee as well as the Hospital Authority met and have proposed revisions to the Bylaws to reflect the new duties Mr Starling stated the amendments are mostly housekeeping in nature Mr Starling offered to answer any questions PagePage pageNumber5736 August 3 , 2015 – 10 00 am Continued Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried unanimously , the Board approved the revisions to the Hospital Authority’s Bylaws and MOU as presented and following JOHNSTON MEMORIAL HOSPITAL AUTHORITY MISSION STATEMENT MISSION The mission of Johnston Memorial Hospital is to improve the health of the people in our communities VISION We , the Johnston Memorial Hospital Authority , expect every patient’s visit to Johnston Health to be a positive , healing experience We expect that all members of the Johnston Health team demonstrate a total commitment to excellence in every task , activity and endeavor as a representative of Johnston Health We further expect that each and every team member hold himself herself personally accountable to achieve and maintain excellence throughout the organization and to recognize that every member of the Johnston Health team , regardless of position , contributes to this important cause VALUE STATEMENTS AND GUIDING PRINCIPLES The Johnston Memorial Hospital Authority , in its role as a Member of Johnston Health Services Corporation , will monitor the provision of healthcare at Johnston Health and will fulfill its obligations in a manner that is consistent with the following value statements and guiding principles Continuous Improvement We expect Johnston Health to continue to improve both its means of achieving success and its commitment to its patients customers Johnston Health should be dynamic in its efforts to meet and exceed their expectations People People are Johnston Health’s greatest resource We are a team and treat each other with trust and respect Our reputation is determined by our actions Customer Oriented We expect customer satisfaction to be Johnston Health’s primary focus Johnston Health should provide services which are of quality and value Visionary Innovative We expect Johnston Health to be visionary and innovative as the health care leader and preferred provider in Johnston County Integrity Will Not Be Compromised Within the Johnston Health system , all people will be treated with fairness and respect Service We expect Johnston Health to provide service which consistently meets the needs of others - an exceptional contribution to the well - being of our customers - an attitude of caring PREAMBLE The Johnston Memorial Hospital Authority the “ Authority ” was created by the Board of Commissioners of Johnston County , North Carolina pursuant to Section 131E - 17 of the North Carolina Hospital Authorities Act The Authority previously operated the health system serving Johnston County known as Johnston Health The Authority entered into a joint venture with UNC Health Care System “ UNC HCS ” that is intended to promote and enhance the availability and quality of health care services available in Johnston County To facilitate the joint undertaking , the Authority and UNC HCS established Johnston Health Services Corporation “ JHSC ” as a North Carolina nonprofit corporation for the purpose of operating Johnston Health The Authority is the majority owner of JHSC and UNC HCS is the minority owner The Authority monitors the provision of healthcare services at Johnston Health and in the Authority’s community pursuant to that certain Master Agreement of Johnston Health Services Corporation by and among the Authority , UNC HCS , and JHSC which became effective as of November 1 , 2013 the “ Master Agreement ” DEFINITIONS The following words and terms shall have the following meanings , unless some other meaning is plainly intended or unless otherwise required by the context 1 AUTHORITY BOARD OF COMMISSIONERS or AUTHORITY BOARD or BOARD means the governing body of Johnston Memorial Hospital Authority 2 BOARD OF COUNTY COMMISSIONERS or COUNTY COMMISSIONERS means the Board of Commissioners of Johnston County 3 CHAIR means the Chair of the Authority Board of Commissioners 4 EXECUTIVE COMMITTEE means the Executive Committee of the Authority Board 5 EX OFFICIO means service as a member of a committee or board by virtue of an office or position held and , unless otherwise expressly provided , means with voting rights 6 HOSPITAL means Johnston Health 7 MEMORANDUM OF UNDERSTANDING or MOU means that certain document entitled “ Memorandum of Understanding ” dated February 16 , 2006 , as amended effective _____________ , 2015 , between Johnston County and the Authority , a copy of which is attached hereto and incorporated herein by reference BOARD OF COMMISSIONERS POWERS AND RESPONSIBILITIES Powers The Authority Board of Commissioners has and may exercise all of the powers granted to it pursuant to the Hospital Authorities Act , including all powers necessary or convenient to implement such powers An Authority Commissioner has no power to act for the Board , unless specifically authorized to do so by the Board Responsibilities The Authority Board governs the Authority and manages the business and affairs of the Authority NUMBER , NOMINATION AND APPOINTMENT , QUALIFICATIONS , TERM LENGTH AND TERM LIMITS Number There shall be not less than six 6 and not more than fifteen 15 Authority Commissioners PagePage pageNumber6737 August 3 , 2015 – 10 00 am Continued Nomination and Appointment The method of appointment of the Authority Commissioners is set forth in the Hospital Authorities Act and the nomination and appointment process is described in Section 1 of the MOU Ex officio members may be appointed as set forth in Section 3 of the MOU Qualifications , Term Length and Term Limits The qualifications of certain Authority Commissioners are set forth in Section 3 of the MOU The length of the terms of the Authority Commissioners is three 3 years , as set forth in the Hospital Authorities Act All st Commissioner terms will begin on the 1 day of October of the year of appointment and end on the last day of September of the year of termination or when a successor is appointed and qualified ; provided , however , that the initial terms of the initial Authority Commissioners began on the date of appointment and will end on September 30 of the year of termination Pursuant to Paragraph 2 of the MOU , no Commissioner shall serve more than three 3 successive full terms ; provided , however , the County Board of Commissioners may , in its sole discretion , waive the limit on the number of successive full terms A Commissioner appointed to fill the balance of an unexpired term shall be eligible for reappointment for three 3 successive three 3 year terms at the end of the unexpired term For purposes of this Section 123 , a person who has been appointed to serve on the Board of Commissioners is “ qualified ” when he or she has taken and subscribed the oath of office prescribed in Article VI , Sec 7 of the North Carolina Constitution RESIGNATION AND REMOVAL Any Authority Commissioner may resign at any time by giving written notice to the Chair or to the Secretary The resignation shall take effect on the date of receipt or at any later time specified therein The Authority Board may remove any Authority Commissioner for cause , and the Board of County Commissioners may remove any Authority Commissioner for cause In either case , such removal shall be pursuant to majority vote , after the Authority Commissioner has been provided the opportunity to be heard in his or her own defense VACANCIES Nomination and Appointment Vacancies on the Authority Board are filled by the Chair of the Board of County Commissioners pursuant to the nomination and appointment procedure described in Section 1 of the Memorandum of Understanding An Authority Commissioner appointed to fill an unexpired term shall hold office for the unexpired portion of the term Certificate of Appointment The Chair of the Board of County Commissioners files a certificate of appointment or reappointment with the Clerk to the Board of County Commissioners , which shall be conclusive evidence of the due and proper appointment of the Commissioners MEETINGS Annual meeting The Annual Meeting of the Authority Board shall be held on the fourth Thursday in the month of September of each year at such time and place as the Authority Board shall provide by resolution The purposes of the Annual Meeting shall include the review of the financial statements of the Authority , the election of officers , the organization and timeline for appointment of committees , make appointments of the Authority - designated directors to the JHSC Board of Directors , and such other business as shall come before the Authority Board Other Meetings Meetings of the Authority Board , other than the Annual Meeting , shall be held on such dates and at such times and at such places as the Authority Board shall , from time - to - time , provide by resolution Special Meetings Special meetings of the Authority Board may be called by the Chair or upon the written request of any three Authority Commissioners Notice of Meetings Unless the Authority Board shall by resolution provide otherwise , written notices of all meetings of the Authority Board shall be given to each Authority Commissioner not less than three nor more than seven days in advance of the meeting Any such notice may be waived as provided in Section 46 below The attendance by an Authority Commissioner at a meeting shall constitute a waiver of notice of such meeting except where an Authority Commissioner attends for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened Attendance at Meetings Each Authority Commissioner is expected to attend all meetings of the Authority Board and of all committees of which the Commissioner is a voting member The Authority Board may remove , or may recommend to the Board of County Commissioners the removal of , any Authority Commissioner who is absent , without excuse , from three or more regular Authority Board meetings during a calendar year An Authority Commissioner may participate in a meeting by or through the use of any means of communication by which all Authority Commissioners participating in the meeting may simultaneously hear each other during the meeting Quorum A majority of the members of the Authority Board shall constitute a quorum for the transaction of business at any meeting of the Authority Board Manner of Acting The affirmative vote of a majority of the Authority Commissioners present at a meeting at which a quorum is present at the time of the vote shall be the act of the Authority Board A Commissioner must vote in person ; voting by proxy is not permitted A Commissioner participating in a meeting by means of communication described in Section 155 hereof shall be deemed to be present in person at the meeting Presumption of AssentPagePage pageNumber7738 August 3 , 2015 – 10 00 am Continued An Authority Commissioner who is present at a meeting of the Authority Board or a committee of the Authority Board when action is taken is deemed to have assented to the action taken unless his or her dissent or abstention from the action taken is entered in the minutes of the meeting CONTRACTS , LOANS , CHECKS , DEPOSITS AND AUDITS Contracts The Authority Board may authorize any officer or officers , agent or agents , to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Authority Such authority may be general or confined to specific instances Loans No loans shall be contracted on behalf of the Authority and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Authority Board Such authority may be general or confined to specific instances Checks and Drafts All checks , drafts or other orders for the payment of money , issued in the name of the Authority shall be signed by such officer or officers , agent or agents of the Authority and in such manner as shall from time to time be determined by resolution of the Authority Board Deposits All funds of the Authority not otherwise employed shall be deposited to the credit of the Authority in such depositories as the Authority Board may select Audit The Authority Board may appoint a certified public accountant to audit the transactions and business affairs of the Authority , and to make a report thereon to the Authority Board A copy of the annual audit shall be provided to the County Commissioners COMPENSATION Authority Commissioners shall serve without compensation , provided that they may be reimbursed for expenses incurred on behalf of the Authority Board SELF - APPRAISAL The Board may establish a mechanism for measuring , assessing , and improving the performance of the Board OFFICERS OFFICERS Board Officers The officers of the Authority Board shall consist of a Chair , a Vice Chair , a Secretary and a Treasurer The offices of Secretary and Treasurer may be held by the same person , but that person may not act in more than one 1 capacity where action of two 2 or more officers is required Authority Officers The officers of the Authority may consist of a Manager and Assistant Treasurer , as well as such other officers as the Authority Board may from time to time designate and appoint Any two 2 or more offices may be held by the same person , but no officer may act in more than one 1 capacity where action of two 2 or more officers is required Authority officers shall perform the duties which are set forth or delegated by the Authority Board from time to time ELECTION , TERMS AND QUALIFICATIONS Election , Terms and Qualifications of Board Officers The Chair , Vice - Chair , Secretary and Treasurer shall be elected by the Authority Board at the Annual Meeting and shall each serve for a term of one year , or until a successor is elected and qualified No Authority Commissioner shall serve more than five 5 successive full terms as Chair A vacancy in any such office shall be filled by the Authority Board for the unexpired portion of the term An Authority Commissioner who has not served as a Commissioner for at least three 3 years is not eligible to serve as Chair Election and Terms of Authority Officers The officers of the Authority shall be designated or appointed by the Authority Board , and each shall hold office until his or her death , resignation , retirement or removal by the Authority Board in its sole discretion A vacancy in any office may be filled by the Authority Board for the unexpired portion of the term COMPENSATION Compensation of Board Officers Authority board officers shall serve without compensation for their services as officers Authority board officers may be reimbursed for expenses reasonably incurred on behalf of the Authority Compensation of Authority Officers The compensation of the Authority officers , if any , shall be determined by the Authority Board or a committee of the Authority Board REMOVAL Any officer or agent elected or appointed by the Authority Board may be removed by the Authority Board whenever in its judgment the best interests of the Authority will be served thereby ; but such removal shall be without prejudice to the contract rights , if any , of the person so removed DUTIES OF AUTHORITY BOARD OFFICERS Chair The Chair shall preside at all meetings of the Authority Board , shall perform all duties incident to the office of Chair and such other duties as may be prescribed by the Authority Board The Chair shall be the chair of the Executive Committee and an ex officio member of all committees created by or pursuant to these Bylaws Vice - ChairPagePage pageNumber8739 August 3 , 2015 – 10 00 am Continued The Vice - Chair shall perform all duties assigned by the Authority Board or the Chair , and , in the absence of the Chair , or in the event of the Chair’s disability or inability to act , the Vice - Chair shall perform the duties of the Chair Secretary The Secretary shall , with the assistance of duly authorized Authority employees , as needed a keep minutes of the meetings of the Authority Board and of all Board Committees ; b see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law ; c be the custodian of the corporate records and the seal of the Authority , and see that the seal of the Authority is affixed to all documents authorized to be executed on behalf of the Authority under its seal ; and d in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the Authority Board Treasurer The Treasurer shall , with the assistance of duly authorized Authority employees , as needed , a be responsible for all funds and securities of the Authority , receive and give receipts for moneys due and payable to the Authority , and deposit all such moneys in the name of the Authority in such depositories as shall be selected by the Authority Board ; b prepare , or cause to be prepared , monthly and annual income statements and a true statement of the Authority’s assets and liabilities as of the close of each fiscal year , all in reasonable detail , which statements shall be filed at the Authority’s principal office and shall be provided to the County ; c serve as Chair of the Finance Committee ; and d in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to the Treasurer by the Authority Board COMMITTEES GENERAL PROVISIONS Creation and Abolishment Committees of the Authority Board may be created and abolished by amendment to these Bylaws Committees may also be created and abolished by resolution adopted by a majority of the Authority Commissioners ; provided that committees created by amendment to these Bylaws , may not be abolished by Board resolution Special and Ad Hoc Committees may be created and abolished by the Chair , subject to the approval of the Authority Board Functions Committees shall have and perform the functions set forth in these Bylaws or in any resolution of the Authority Board Committees created by the Chair shall have and perform the functions specified by the Chair Committees other than the Executive Committee shall not be authorized to act for the Authority Board Whenever these Bylaws or a resolution of the Board requires the performance of a function for which no committee has been formed , such function shall be performed by the Board , by the Executive Committee , or a committee may be created in accordance with these Bylaws Appointments Except as otherwise provided , in these Bylaws or by Authority Board resolution , committee members shall be appointed by the Chair Unless otherwise provided , the Chair shall designate the chair of each committee , who shall be an Authority Commissioner Each committee member shall hold office for a period of one year or until a successor is appointed or elected and qualified Resignation and Removal ; Vacancies A committee member may resign at any time by giving written notice to the Chair or to the chair of the committee Such resignation shall be effective on the date specified in the resignation or upon receipt , if no date is specified The Chair , subject to the approval of the Authority Board , may remove any member of a committee for any reason including but not limited to the failure to attend three consecutive committee meetings A vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment or election Meetings Meetings of a committee may be called by the Chair , the chair of the committee or a majority of the Authority Commissioner members of the committee , pursuant to written or verbal notice reasonably designed to inform the members of the time and place of the meeting The attendance by a committee member at a meeting shall constitute a waiver of notice , unless the member attends for the express purpose of objecting to the meeting A majority of the members of a committee shall constitute a quorum for the transaction of business The decision of a majority of the committee members at a meeting at which a quorum is present shall be the decision of the committee Committees shall keep minutes and shall make recommendations and reports to the Authority Board STANDING COMMITTEES Designation of Standing Committees The standing committees of the Authority Board are 1 Executive Committee 2 Finance Committee Executive Committee The Executive Committee shall be composed of the Chair , and at least three other Commissioners as appointed by the Chair , but not to exceed a quorum , subject to the approval of the Authority Board The Board Chair shall serve as chair of the Executive Committee The Executive Committee shall have and may exercise the authority of the Board in the management of the Authority , to the extent permitted by law , during the intervals between meetings of the Board All actions taken by the Executive Committee shall be reported to the Authority Board The Executive Committee shall annually review the Bylaws and Mission Statement of the Authority and recommend amendments thereto , when necessary The Executive Committee shall also perform such other functions as may from time to time be assigned by the Authority Board Finance CommitteePagePage pageNumber9740 August 3 , 2015 – 10 00 am Continued The Finance Committee shall consist of the Chair , the Treasurer and at least two other Commissioners , but not to exceed a quorum The Treasurer shall serve as the chair of the Finance Committee The functions of the Finance Committee shall include the review of periodic financial statements of the Authority ; the development and monitoring of annual budgets of the Authority ; the committee shall also perform such other functions as may from time to time be assigned by the Board GENERAL PROVISIONS CONFLICT OF INTEREST ; DUTIES OF LOYALTY AND CONFIDENTIALITY Duties of Loyalty and Confidentiality ; Disclosure of Conflicts Each Commissioner and each member of a committee of the Board is expected to discharge his or her duties with reasonable care and diligence , in good faith , and with undivided loyalty Each Commissioner and committee member is expected to refrain from using his or her position for personal gain , and is expected to disclose any actual , apparent or potential conflict of interest which might influence his or her judgment Such disclosure shall be full and frank , and shall be made prior to the consideration by the Board or a committee of the Board of any matter in which the Commissioner has an interest Each Commissioner and each member of a committee of the Board is expected to hold in confidence and to not use or disclose any information acquired by the Commissioner or committee member which he or she knows or should know is confidential Conflict of Interest Disclosure Procedure Any Authority Commissioner , officer , employee , or committee member having an interest in , or having a close relative with an interest in , a contract or other transaction presented to the Authority Board or a committee thereof for authorization , approval or ratification shall give prompt , full and frank disclosure of such interest to the appropriate Board or committee prior to its acting on such contract or transaction The body to which such disclosure is made shall thereupon determine , by majority vote , whether a conflict of interest exists or can reasonably be found to exist If a conflict is deemed to exist , such person shall not vote on , nor use personal influence on , nor participate other than to present factual information or to respond to questions in the discussions or deliberations with respect to such contract or transaction Such person may not be counted in determining the existence of a quorum at any meeting where the contract or transaction is under discussion or is being voted upon The minutes of the meeting shall reflect the disclosure made , the vote thereon and , where applicable , the abstention from voting and participation , and whether a quorum was present For the purposes of this Section 41 , the term “ close relative ” means a person’s spouse , child , sibling or parent INDEMNIFICATION The Authority shall have the power to indemnify any present or former Authority Commissioner , ex officio member of the Authority Board , officer , employee or agent , or any member of the Johnston Health Medical Staff engaged in Authority business through service on committees of the Authority Board or committees of the Medical Staff , or otherwise , or any person who may have served at the request of the Authority as a Commissioner , director or officer of another corporation , partnership , joint venture , director or other enterprise hereinafter , the “ Official ” , against liabilities and reasonable litigation expenses including attorneys ’ fees incurred by the Official in connection with any action , suit or proceeding in which the Official is made or threatened to be made a party by reason of being or having been an Official , except in relation to matters as to which the Official shall be finally adjudged in such action , suit or proceeding to have acted in bad faith or to have been liable or guilty by reason of willful misconduct in the performance of the Official’s duties Such indemnification shall not be deemed exclusive of any other rights to which the Official may be entitled under an applicable resolution , these Bylaws or any agreement , vote of the Authority Board or the Executive Committee , insurance purchased by the Authority , North Carolina General Statutes or otherwise AUXILIARY ORGANIZATIONS The Board may authorize the formation of other organizations to assist in the fulfillment of the purposes of the Authority The Articles of Incorporation , if any , Bylaws , Rules and Regulations , and amendments thereto of each such organization shall be subject to Board approval and shall not be inconsistent with these Bylaws or the standing rules of the Board FISCAL YEAR The Authority Board shall , by resolution , establish the fiscal year of the Authority CORPORATE SEAL The Authority Board shall provide for a corporate seal in such form and with such inscription as it shall determine WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of any applicable law , an applicable resolution or these Bylaws , a waiver thereof in writing signed by the person entitled to such notice , whether before or after the time stated therein , shall be deemed equivalent to the giving of such notice where such waiver is permitted by law All such waivers shall be filed with the corporate records , or be made a part of the minutes of the relevant meeting PROCEDURE The Authority Board and Committees of the Board may adopt rules of procedure which shall not be inconsistent with these Bylaws CONSTRUCTION OF TERMS AND HEADINGS Words used in these Bylaws shall be read as the singular or plural , as the context requires The captions or headings in these Bylaws are for convenience only and are not intended to limit or define the scope or effect of any provision of these Bylaws AMENDMENT TO BYLAWS PROCEDUREPage0741 August 3 , 2015 – 10 00 am Continued These Bylaws may be amended or repealed and new Bylaws adopted by a two - thirds vote of the Authority Commissioners present at any regular or special meeting at which a quorum is present , if at least ten days written notice is given of the intention to take such action REVIEW The Authority Board or a committee of the Board shall annually review these Bylaws ARTICLE VI - PROVISIONS REQUIRED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The terms contained in this Article VI are applicable solely to the extent required by the terms of the Master Agreement and documents ancillary thereto On June 11 , 2008 , the United States Department of Housing and Urban Development “ HUD ” , acting through its agent , the Federal Housing Administration “ FHA ” , issued a mortgage insurance policy to the Authority pursuant to Section 242 of the National Housing Act One of the requirements of such mortgage insurance policy is that certain provisions relating to the operation of the Authority be made a part of the Bylaws of the Authority Accordingly , effective as of June 11 , 2008 , the Authority amended these Bylaws to include the following provisions 1 The Authority shall provide on a nonprofit basis hospital facilities and services for the care and treatment of persons who are acutely ill who otherwise require medical and related services of the kind customarily furnished most effectively by hospitals , pursuant to Section 242 of the National Housing Act , as amended 2 The Authority shall have the power to mortgage or otherwise hypothecate its real and personal property and to do and perform all acts reasonably necessary to accomplish the purposes of the Authority including the execution of a Regulatory Agreement with the Secretary of Housing and Urban Development , acting by and through the Federal Housing Commissioner , and of such other instruments and undertakings as may be necessary to enable the Mortgagor to secure the benefits of financing with the assistance of mortgage insurance under the provisions of the National Housing Act Such Regulatory Agreement and other instruments and undertakings shall remain binding upon the Authority , its successor and assigns , so long as a mortgage on the Authority’s property is insured or held by the Secretary of Housing and Urban Development 3 So long as a mortgage on the Authority’s property is insured or held by the Secretary of Housing and Urban Development , the Bylaws may not be amended in any way that is inconsistent with the HUD Loan Documents or with the Regulatory Agreement between the Authority and HUD , without the prior written approval of the said Secretary 4 In the event of a conflict between any of the provisions of these Bylaws and any of the provisions of the Note , Mortgage , Security Agreement , or the Regulatory Agreement the “ HUD Loan Documents ” , the provisions of the HUD Loan Documents shall govern and be controlling in all aspects EXHIBIT A – AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING Between Johnston Memorial Hospital Authority dba Johnston Health and Johnston County , North Carolina This Memorandum of Understanding “ MOU ” sets forth the terms of the understanding between Johnston Memorial Hospital Authority the “ Authority ” and Johnston County , North Carolina the “ County ” for the purpose of addressing certain statutory requirements of the North Carolina Hospital Authorities Act the “ Act ” relating to i the process for nominating and appointing members of the Board of Commissioners of the Authority the “ Authority Board ” ; ii the length and number of terms of office of members the “ Authority Commissioners ” of the Authority Board ; iii the designation of ex officio members of the Authority Board ; and iv relating to the Authority’s power of eminent domain Section 1 The Act provides that vacancies on the Board are filled by appointment by the Chair of the Board of County Commissioners from nominations provided by the Authority Board The parties agree that the nomination and appointment process will be conducted as follows a The persons nominated by the Authority Board will be chosen solely from a list of persons provided by the Board of County Commissioners b The County will advertise for applicants for vacant positions on the Authority Board and the applicants will be screened and evaluated by the Board of County Commissioners c The Board of County Commissioners will confer with the Authority Board during the evaluation process d The Board of County Commissioners will submit one or more names to the Authority Board for each vacancy to be filled e The Authority Board will nominate all of the individuals submitted by the Board of County Commissioners , but may indicate preferences f The Chair of the Board of County Commissioners will carefully consider the nominations submitted by the Authority Board and any preferences expressed by the Authority Board g The Chair of the Board of County Commissioners , after consulting with the full Board of County Commissioners , will make the appointment or appointments , consistent with the Board of County Commissioners ’ policy regarding appointments to the Authority Board h The Chair of the Board of County Commissioners , in consultation with the full Board of County Commissioners , will not be required to appoint the nominee preferred by the Board of the Hospital Section 2 The Act specifies three 3 year terms for Authority Board members but does not limit the number of terms In order to adhere as closely as possible to the past practice of limiting the terms of the Hospital Trustees to two 2 five year terms , a total of ten 10 years , and to comply with the Act , the parties agree as follows a Each appointee to the Authority Board will be limited to three consecutive terms of three 3 years each a total of nine years Page1742 August 3 , 2015 – 10 00 am Continued b A person appointed to fill a vacancy occurring before the end of a term will serve the unexpired portion of the term c If the partial term is eighteen months or more , the partial term shall be considered a full term and the person appointed to serve that partial term will be eligible for reappointment , but may serve two 2 additional consecutive full terms d If the partial term is less than eighteen months , the person appointed to serve that partial term will be eligible to be reappointed to serve three 3 consecutive full terms Section 3 The Act does not prohibit ex officio members of the Authority Board of Commissioners The general rule is that an ex officio member of a board serves because he or she holds another office , ie he or she serves “ by reason of the office ” and , unless otherwise specified , the ex officio member is a full voting member A member of the Medical Staff of Johnston Health Services Corporation the “ JHSC Medical Staff ” , nominated by the Authority Board , and a County Commissioner , appointed by the Board of County Commissioners , may be appointed ex officio members of the Authority Board With respect to the appointment of ex officio members , the parties agree as follows a One seat on the Authority Board will be filled by a County Commissioner and one may be filled by a member of the JHSC Medical Staff b Such individuals will serve ex officio and his or her membership on the Authority Board will therefore cease if the person no longer holds his or her office c This may create a vacancy on the Authority Board which will be filled according to the process defined herein for the appointment of members of the Authority Board d For example , when the County Commissioner’s term as County Commissioner expires , he or she will automatically cease to be a member of the Authority Board and will be replaced by another County Commissioner , subject to the appointment process set forth herein e In an effort to preserve the staggered terms , the incoming County Commissioner will be appointed to serve the balance of the term of the outgoing County Commissioner and will then be appointed to a full term Section 4 The Act grants the power of eminent domain to the Authority The parties hereto agree as follows a The Authority will not exercise the power of eminent domain without the prior consent of the Board of County Commissioners Section 5 The Act does not specify the beginning and ending dates of the terms of office of the Authority Commissioners The parties agree as follows a The term of office of each Authority Commissioner will begin on October 1 of the year of appointment and all terms will end on September 30 of the year of termination ; provided , however , that the initial terms of the initial Authority Commissioners will begin on December 5 , 2005 , the date of appointment , and end on September 30 of the year of termination Section 6 This MOU shall remain in effect until it is altered , amended or revoked by the parties IN WITNESS WHEREOF , each party hereto has caused this AMENDED AND RESTATED MOU to be executed on its behalf as of the _____th day of ____________ , 2015 6 Town of Wilson’s Mills – Sewer System Improvements Project Engineer Lee Campbell from The Wooten Company , representing the Town of Wilson’s Mills , addressed the Board of Commissioners and presented the following information Page2743 August 3 , 2015 – 10 00 am Continued Mr Campbell explained the Town of Wilson’s Mills is proposing a sewer system improvements project and to date has received 47 million in funding commitments from USDA - Rural Development as well as a separate 850,000 grant from the North Carolina Department of Commerce through their Community Development Block Grant Program Mr Campbell stated the purpose of the project is to address health and environmental issues as well as prime Wilson’s Mills for future growth Mr Campbell stated the project started in 2008 and 2009 when Town leaders recognized there were failing septic systems throughout the Town He continued that in 2009 the Town was able to secure funding from the North Carolina Rural Center to complete a capital improvements plan that focused heavily on the wastewater improvement needs for the Town Mr Campbell stated the plan was divided into three phases according to needs and the total cost estimated at that time for a town - wide system was just over 8 million Mr Campbell stated at this time , the Town is not pursuing a full town - wide system Mr Campbell reported in 2012 , when the Town was preparing to apply for Community Development Block Grant funding , they asked the County’s Health Department to inspect some of the lots in Town He stated the Health Department inspected 29 lots and of those 29 lots , 28 showed evidence that septic failure could be imminent and the majority of those lots did not have repair areas as the lots were older and not built to current standards Mr Campbell stated in 2013 USDA - Rural Development changed their criteria and began using 2010 Census Data which made the Town eligible for grant funding Mr Campbell stated the project to be funded with USDA - Rural Development funds would include 37,000 linear feet of gravity sewer lines and one pump station He stated typically sewer lines are in the shoulder of the roadway so they can serve the residences ;Page3744 August 3 , 2015 – 10 00 am Continued however , there will be some instances where easements will be needed Mr Campbell noted approximately 73 of the parcels in Town would have sewer service at the completion of the project Mr Campbell stated the estimated cost of the project and the amount of funding committed from USDA - Rural Development is 472 million of which 43 is grant funding and 57 is loan funding with a 40 year term He stated at the end of 2014 the Town of Wilson’s Mills underwent a customer recruiting campaign in an effort to get citizens to voluntarily signup for the service As a result of that recruiting campaign , 214 customers financially committed to sign on to the system with an incentive application fee of 200 Mr Campbell stated currently the County has 280 customers in the Town , most of which are in subdivisions He stated the existing customers added to those from the recruiting campaign total 494 customers Mr Campbell stated in order to take advantage of the funding from USDA - Rural Development , USDA requires the Town to own the wastewater facilities and in order to make the finances work , the Town needs the billing from the 494 customers Mr Campbell stated the Town is requesting the Commissioners to allow those existing County customers to become Town customers through an interlocal agreement between the Town and the County Mr Campbell offered to answer any questions Chairman Tony Braswell asked what would happen to the citizens that did not sign up for the service during the recruiting campaign period but later on would like to become a customer Mr Lee responded that citizens will also have the opportunity to sign up for service in the future He explained the incentive for signing up during the recruiting campaign was the fee was reduced to 200 Mr Campbell stated the Town is in the process of developing a sewer ordinance which will include rates for future services Mr Campbell stated during the construction phase citizens will be allowed to sign up for a yet to be determined reduced rate and once construction is completed citizens can sign up at a higher rate that will be established Mr Campbell reiterated that USDA - Rural Development requires the Town to own the wastewater facilities and they propose for the Town to become a bulk customer of the County and pay the bulk rates set by the County The Town is requesting the existing County customers in Town to become Town customers through an interlocal agreement Mr Campbell stated the project budget will include funds for the Town to purchase capacity upfront as well as 80 of the Twin Oaks Outfall Sewer Mr Campbell stated for customer billing , the Town proposes a 21 base rate and 480 per 1,000 gallons ; therefore , an average bill consisting of 5,000 gallons of usage would be 45 per month for the customer Mr Campbell stated the County would handle the billing for the Town He stated the County’s current base rate is 20 and the Town is proposing a 1 increase in that base rate to cover their costs Chairman Braswell asked Johnston County Public Utilities Director Chandra Coats to comment on the project from the County’s perspective Public Utilities Director Chandra Coats stated staff has talked with the Town over the past year and discussed options for the Town to be able to follow through with their project She stated in looking at the Public Utilities Department finances and customers , staff does not object to transferring the existing County customers to the Town of Wilson’s Mills Ms Coats stated Wilson’s Mills would become the County’s bulk sewer customer and the County would handle the billing as well as operation and maintenance of the lines for the Town Ms Coats stated the cost for those services would be included in the rates that are set for the customers Ms Coats also stated the project would include an upfront purchase by the Town for all of the capacity fees in addition to buying capacity in all of the transmission mains that their sewer would flow through At the inquiry of Chairman Braswell , Ms Coats stated the County is not eligible for USDA - Rural Development grant funding She clarified the County can apply for loans but not grants Upon questions by Commissioner Jeffrey P Carver , Ms Coats explained that the majority of the existing customers are located in subdivisions within the Town’s limits and the developer of those subdivisions paid for the infrastructure to serve those customers Ms Coats stated the County paid for the transmission lines to connect to the subdivisions which is why the County would require the Town to purchase capacity on those transmission lines upfront Ms Coats stated for the existing County customers that would be transferred to the Town , they would see a 100 increase each month in their base bill Upon a question by Commissioner Allen L Mims , Jr , Ms Coats stated the County would handle the billing for the Town of Wilson’s Mills She stated the Town would pay the County the bulk rate for wastewater treatment , just like other Towns in the County currently pay , and the Town will also have to pay an additionalPage4745 August 3 , 2015 – 10 00 am Continued fee for the County to facilitate the billing Ms Coats confirmed the Town would own the facilities , but would pay the County to handle the operation and maintenance as well as the billing At the inquiry of Commissioner Ted G Godwin , Ms Coats stated the customer base rate for the Town customers would be controlled by the Town of Wilson’s Mills Ms Coats stated the only thing the County could control would be the bulk rate charged to the Town as well as the fees for handling the billing services , operation , and maintenance Chairman Braswell asked if the Town satellite annexed property would they be allowed to extend wastewater service to that annexed property County Attorney Jennifer Slusser advised that any future sewer extensions to satellite annexations would be subject to a separate interlocal agreement that would have to come back to the Board of Commissioners Commissioner Mims stated that Mr Campbell reported typically most of the sewer lines would fall within the shoulder of the road ; however , he noted that there are times , especially with gravity sewer lines , that lines do not always fall within the road right - of - way Commissioner Mims asked if condemnation would be used to acquire any of the easements Commissioner Mims also asked if the Town had considered a price for acquiring easements from property owners and how they determined that price Commissioner Mims expressed concerns that he has found the process of acquiring easements from property owners is not always fair Mr Campbell stated the Town of Wilson’s Mills would be responsible for acquiring the easements and he noted all of the needed easements are located within the Town’s current city limits Wilson’s Mills Town Attorney William Anderson stated he has made initial contact with property owners for the first list of necessary easements Mr Anderson stated regarding a price for the easements , he looked at the value of land in the Wilson’s Mills area and compared that with what was paid for sewer easements in Garner where he also serves as Town Attorney Mr Anderson stated based on his calculations , he proposes a general figure for an initial offer of 50 cents per square foot for the easements Mr Anderson stated the easements would be small Mr Anderson stated in his first conversations , no one has complained yet over the value and he feels positive Mr Anderson stated he is not a fan of using condemnation as it is an expensive and difficult process At the inquiry of Commissioner Mims , Mr Anderson confirmed the sewer easements would typically be 20 ’ wide with a 10 ’ construction easement and he also confirmed the value at 50 cents per square foot Upon a question by Chairman Braswell , Mr Anderson stated typically the easement property owners who would also benefit from the sewer project At the inquiry of Chairman Braswell , Ms Coats stated the County would break even on the project Commissioner Godwin asked Ms Coats to briefly summarize the pros of the project Ms Coats stated the pros of the project is that there are citizens in that area that need the service and the Town can complete the project using grant and loan funding whereas the County is not eligible for grant funding and would have to finance the entire project which would impact existing customers Commissioner DeVan Barbour stated there are citizens there that have failing septic systems and they need the help Commissioner Jeffrey P Carver commented that he is always concerned about the liabilities ; however , in this case it sounds like Ms Coats has what she needs to make the project work and the project will help people as well as help the Town of Wilson’s Mills grow Commissioner Jeffrey P Carver moved the Board authorize staff to proceed with negotiation of an interlocal agreement with the Town of Wilson’s Mills for the sewer improvements project to be brought back to the Board of Commissioners for final approval Commissioner Ted G Godwin seconded the motion which carried by the following vote Ayes Commissioners Tony Braswell , DeVan Barbour , Cookie Pope , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Nays Commissioner Allen L Mims , Jr Page5746 August 3 , 2015 – 10 00 am Continued 7 911 - Communications – Approval of Radio System Switch and Dispatch Consoles Project Director of 911 - Communications Jason Barbour requested the Board to approve a project to upgrade the radio system switch and radio dispatch consoles Mr Barbour stated the total cost of the project is 1,745,87253 and 911 has been given approval to fund this project 100 with the 911 revenue funds Mr Barbour noted the North Carolina 911 Board has increased the Fiscal Year 2015 - 2016 revenue to cover the costs Mr Barbour explained the radio system switch is currently priced according to the North Carolina State 725G contract , but does not include the dispatch consoles Therefore , staff has included a sole source purchase letter from the manufacturer Harris for the dispatch consoles since Harris is the only manufacturer with dispatch technology that uses a wire interface into the County’s radio system Mr Barbour stated this project was included in the Fiscal Year 2015 - 2016 budget He noted the project is required in order for the County to continue on with the P - 25 conversion project Commissioner Cookie Pope commented that she is glad the purchase can be paid for with 911 revenues Upon a question by Chairman Tony Braswell , Mr Barbour stated there will be one more phase needed to complete the P - 25 conversion which is to replace the transmitters at the tower sites Mr Barbour stated he will be bringing that phase of the project to the Board for approval in a few months and unfortunately , according to General Statutes , that piece of the project cannot be funded with 911 revenues Commissioner Ted G Godwin moved the Board approve the procurement request for the equipment upgrade , including authorization for sole source acquisition of dispatch consoles from Harris Corporation through Communications International Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Director of Emergency Services Kim Robertson expressed her appreciation to Mr Barbour and the 911 - Communications Department for their support and assistance to the Emergency Services Department Ms Robertson noted that often when 911 updates their equipment they are able to donate the older equipment to Emergency Services 911 - Communications – Texting Availability Mr Barbour reported that 911 is now able to receive texts from citizens from all the mobile carriers with the exception of Sprint He noted that Sprint is in the process of completing their end of the work and will soon come on board as well Mr Barbour stated 911 has already received a text for assistance from someone who was in a domestic situation and it was unsafe for them to physically call 911 Mr Barbour thanked the Board of Commissioners for continuing to support 911 and allowing them to purchase needed equipment that enabled them to receive texts from citizens 8 Public Utilities – Amendment No 3 – Interlocal Agreement with Fuquay - Varina Director of Utilities Chandra Coats , PE , explained that on June 30 , 2008 , Johnston County and the Town of Fuquay - Varina executed an inter - local agreement for water mains located in Wake County but owned , operated , and maintained by Johnston County The agreement states , “ The County does not desire , or is it obligated to allow additional extensions of its mains in Wake County or to provide service along its mains in Wake County , other than as noted herein , except to assist in matters of public health and welfare and at the expressed written consent of Wake County or a municipality located within Wake County ” Ms Coats reported Jack Hamilton owns property located at 1009 Hamilton Farm Lane and the property fronts an existing water main , which is owned , operated , and maintained by Johnston County The existing water main was originally constructed by a developer to serve Rebarah Moor Subdivision Ms Coats stated Mr Hamilton’s property is adjacent to a property currently served by Johnston County and the Town of Fuquay - Varina has requested the County provide water service to this property Ms Coats stated if the Board concurs , staff requests approval of an “ Amendment No 3 ” to the inter - local agreement in order to provide service to the property located at 1009 Hamilton Farm Road Commissioner Allen L Mims , Jr asked if Mr Hamilton was experiencing problems with his current water well Ms Coats stated as she understands from the Town of Fuquay - Varina , Mr Hamilton does not currently have problems with his water well ; however , he has been diagnosed with lung cancer and is requesting the tap so his wife will not have to depend on a well in the future Page6747 August 3 , 2015 – 10 00 am Continued Commissioner Cookie Pope moved the Board approve the following Amendment No 3 to the interlocal agreement with the Town of Fuquay - Varina to provide service to property located at 1009 Hamilt