November 7, 2011 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 564 Meeting of the Johnston County Board of Commissioners November 7 , 2011 10 00 am The Johnston County Board of Commissioners met in regular session Monday , November 7 , 2011 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer J Chad McLamb , County Attorney David F Mills , and Paralegal Deputy Clerk Melissa A Daughtry Chairman Allen L Mims , Jr called the meeting to order at 10 00 am Commissioner W Ray Woodall opened the meeting with a prayer Commissioner Jeffrey P Carver led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – October 3 , 2011 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 Ainsley Court , Hackney Trail , Dulwich Way and Bexley Way – Plantation Point Subdivision – Phase 5 – Wilders Township Cirrus Drive , Alto Court and Status Lane – Williams Ridge Subdivision – Clayton Township C Veterans Day Proclamation – 2011 adopted as follows P R O C L A M A T I O N V E T E R A N S D A Y - 2011 WHEREAS , for decades America has paused on the 11th of November , the anniversary of the armistice that concluded World War I , to remember and to honor our veterans of military service in proud and grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace ; and WHEREAS , the freedoms we enjoy have been purchased and maintained at a high price , as Americans have been willing , throughout our history , to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights ; and WHEREAS , Americans owe a great debt to all those who have served in defense of this nation throughout the generations ; for their sacrifices , often resulting in permanent injury or death , which have preserved our unique form of government dedicated to human right and respect for the individual , and preserved our freedoms and promise of liberty as an example for oppressed persons of the world ; and WHEREAS , in honor of these dedicated men and women , we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 11 , 2011 , as “ Veterans ’ Day ” in Johnston County , and urge our citizens to commend its observance th Proclaimed this the 7 day of November , 2011 Page565 November 7 , 2011 – 10 00 am Continued D Resolution – National Farm City Week – November 18 – 24 , 2011 adopted as follows NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 18 - 24 , 2011 WHEREAS , agriculture has always been a cornerstone of Johnston County’s way of life , we acknowledge that dedicated farmers improve our well being by working to ensure a healthy and abundant agriculture supply To succeed in this important enterprise , our farmers rely on essential partnerships with non - rural communities to supply , sell , and deliver finished products across the country and around the world During National Farm - City Week , we recognize the importance of this cooperative network to the success of the agriculture industry WHEREAS , farming was America’s first industry and continues today to provide us with many of the necessities of life such as food , clothing , and fuel for our energy needs Agriculture employs a substantial number of workers in Johnston County including farmers , shippers , processors , marketers , retailers , truck drivers , inspectors , and others who annually contribute more than 38 billion in value - added income in Johnston County WHEREAS , we welcome new opportunities for trade , hard work , and successful cooperation between farmers and city workers to continue to play a vital role in our country’s success and be a critical resource for countless people here and around the nation WHEREAS , Farm - City collaborations help maintain and improve our nation’s food and fiber supply and contribute to a better quality of life for countless citizens We commend the many Johnstonians whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all WHEREAS , we gather with family and friends around the Thanksgiving table , it is fitting that we count among our blessings the vital farm - city partnerships that have done so much to improve the quality of our lives Rural and non - rural communities working together have made the most of our rich agricultural resources , and they continue to contribute to the health and well being of our people and to the strength of our economy NOW , THEREFORE , We the Board of Commissioners of Johnston County do hereby proclaim November 18 - 24 , 2011 , as Farm - City Week We call upon citizens in rural and city areas to acknowledge and celebrate the achievements of all those who , working together , produce an abundance of agriculture products that strengthen and enrich our community and nation Proclaimed this the 7th day of November , 2011 E Town of Selma – Appointment to Planning Board Per the request of the Town of Selma , the Board appointed Tom Shiflett of 100 Easton Circle , Selma , to the Selma Planning Board representing the ETJ area of the Town for a two year term to expire on November 1 , 2013 F Authorization for Chairman to Approve All Future Requests for Fireworks Displays The Board authorized the Chairman to approve all future requests for fireworks displays , subject to North Carolina General Statute 14 , Article 54 ; the North Carolina Fire Code , including any subsequent amendments thereof ; and the applicant obtaining the necessary permits from the applicable Inspections Departments G Tax Releases & Refunds – 09 16 2011 – 10 15 2011 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2010 1011 - 157733 1008 - 156781 HYDEN , CHRISTIE LYNN Release 18725 2010 1011 - 157734 1008 - 161916 HYDEN , CHRISTIE LYNN Release 23963 2011 1108 - 270964 1105 - 268017 BREWER , DONNIE VICK Release 15131 2010 1106 - 240303 1103 - 251655 MCGILTON , GORDON RONALD Overpayment 18190 2011 1107 - 259005 1104 - 263218 HUTCHINS , LARRY KENNETH Release 16186 2010 1102 - 192523 1011 - 193814 ROBERTS , ANTHONY KEITH Overpayment 22449 2011 1108 - 263679 1105 - 268915 CASEY , KEVIN NEIL Release 12478 2011 1107 - 256993 1104 - 261744 PATE , KIMBERLY STRICKLAND Release 10823 2010 1106 - 239927 1103 - 246788 DOHNER , BLAKE LAWRENCE Overpayment 14306 2011 1109 - 285312 1106 - 296291 FINNEY , KAREN SMITH Release 26292 2011 1109 - 285313 1106 - 296982 FINNEY , KAREN SMITH Release 14148 2011 1108 - 265911 1105 - 279938 TRAMMELL , IAN DOUGLAS Release 32017 2010 1106 - 248032 1103 - 245651 ASPLUNDH TREE EXPERT CO Overpayment 13629 2010 1106 - 248034 1103 - 248361 ASPLUNDH TREE EXPERT CO Overpayment 44239 2010 1104 - 210544 1101 - 219005 BENTON , THOMAS WARD Overpayment 21784 2011 1109 - 287627 1106 - 284061 WATSON , CHARLES EDWARD Release 12015 Page566 November 7 , 2011 – 10 00 am Continued 2010 1106 - 240046 1103 - 246318 GREER DEMCHAK , KIMBERLY SUZANNE Release 31718 2011 1107 - 255682 1104 - 266200 MOLONEY , BRIAN MICHAEL Release 17550 2011 1109 - 279838 1106 - 283024 UNDERWOOD , BARRY NEIL Release 10091 2011 1109 - 278500 1106 - 297213 JIMENEZ , BRAULIO Release 14069 2011 1109 - 276044 1106 - 296269 BEASLEY , CARLYLE Release 17339 2011 1109 - 287767 1106 - 293028 ZACKS CHAR - GRILL Release 32346 2011 1109 - 285932 1106 - 283669 SHIFLETT , LINWOOD BRIAN Release 20097 2011 1108 - 269363 1105 - 277814 TWADDLE , DEREK JOHN Overpayment 16866 2011 1109 - 278933 1106 - 293020 MEDINA , LILLIMAR DEL CARMEN Release 16683 2011 1108 - 273424 1105 - 275431 SMITH , JR , WILBERT LEON Release 12239 2011 1108 - 262320 1105 - 274327 CREECH , MARY HELEN Release 10256 2011 1109 - 289029 1106 - 295312 INFINITY FIRE PROTECTION LLC Release 16604 2011 1109 - 289028 1106 - 294883 INFINITY FIRE PROTECTION LLC Release 12904 2011 1109 - 279596 1106 - 293548 SMITH , JEFFREY DONALD Release 21025 2011 1109 - 282573 1106 - 284254 BAILEY , JOSEPH RAY Release 10209 2010 1105 - 232797 1102 - 235312 LAMPLEY , CLINT WAYNE Release 10365 2011 1109 - 286078 1106 - 294081 WARD , BRENDA WATKINS Release 11607 2011 1109 - 280430 1106 - 293008 FLOREK , III , JOSEPH S Release 22877 2011 1107 - 260717 1104 - 261395 WHEELER , MARK ALAN Tag Surrender 10701 2011 1109 - 283932 1106 - 290402 STEPHENSON , MICHELLE SCOTT Release 10725 2011 1108 - 266044 1105 - 281120 WHITE , JEFFREY MICHAEL Release 11267 2011 1109 - 284373 1106 - 283620 DRIVER , RAY MILTON Release 11041 2011 1109 - 281774 1106 - 293778 KANTER , STEVEN JAY Release 13172 2011 1109 - 278430 1106 - 294400 HUFFMAN , JULIAN DWIGHT Release 20382 2010 1010 - 140836 1007 - 135668 CRAWFORD , KIMBERLY BEASLEY Release 14934 2011 1109 - 278988 1106 - 284225 MISINONILE , MICHAEL JOHN Release 20872 2011 1107 - 256168 1104 - 259547 SNODGRASS , BRENDA SUE Overpayment 3,93200 2011 1107 - 256168 1104 - 259547 SNODGRASS , BRENDA SUE Void Refund 3,93200 2010 1105 - 224115 1102 - 236497 NSTAR GLOBAL SERVICES INC Release 10994 2011 1107 - 261009 1104 - 260219 SIERRA BUILDING CO INC Overpayment 13640 2011 1109 - 286461 1106 - 291588 COTNER , STACI ALLISON Release 10617 2011 1109 - 289259 1106 - 282887 BANKS , CHRISTIAN EMANUEL Release 12486 2011 1109 - 275971 1106 - 283064 ALFORD , CHARLES Release 22439 2011 1109 - 278987 1106 - 291846 MISH , JENNIFER NEAL Release 14228 2010 1105 - 226517 1102 - 235192 LEONARD , RICHARD JOSEPH Overpayment 23385 2011 1108 - 271365 1105 - 277648 JACKSON , FRANK Overpayment 31409 2010 1105 - 232170 1102 - 236093 WILLIAMS , HEIDI LYN Release 17213 2010 1106 - 247713 1103 - 247173 WESTCOTT , DELORES CRABTREE Overpayment 11217 2011 1108 - 267731 1105 - 280278 HVT INC Tag Surrender 10625 2011 1109 - 278062 1106 - 287493 FIREBAUGH , JAMIE MORRIS Release 10532 2011 1109 - 286616 1106 - 285853 FOY , JAMES EDWARD Release 11220 2011 1108 - 271529 1105 - 276593 MERCER , NEIL MICHAEL Release 21628 2011 1108 - 271530 1105 - 281517 MERCER , NEIL MICHAEL Release 39051 2011 1109 - 280267 1106 - 283554 BLACKMON , BILLY RAY Release 12044 Real Personal Property Releases 9 16 2011 9 21 47 341 ASHLEY 2011 - 102938 2000159085 STEPHENSON 1997 FAMILY 13776 9 16 2011 14 44 52 341 ASHLEY 2011 - 063644 2000101472 NORRIS , BARBARA STANLEY 16260 9 22 2011 9 47 28 105 SHEILA 2011 - 058364 2000134565 MCLAMB , SHERRI 45974 9 22 2011 9 53 46 105 SHEILA 2011 - 058364 2000134565 MCLAMB , SHERRI 45974 9 22 2011 16 23 16 121 CATHY 2011 - 084007 2000109427 STRICKLAND , WILLIAM MARK L 1,78591 9 23 2011 14 56 24 105 SHEILA 2011 - 044242 2000082117 JOHNSON , GARY NEAL 7,56698 9 26 2011 8 42 30 105 SHEILA 2011 - 030419 2000117533 FRAIRE , JULIAN 27357 9 26 2011 10 57 12 105 SHEILA 2011 - 007754 2000105263 BEASLEY , CRYSTAL STEWART 10932 9 26 2011 11 21 58 105 SHEILA 2011 - 002251 2000140561 ALVAREZ , EDDIE W 12906 9 26 2011 14 23 55 105 SHEILA 2011 - 098141 2000155865 RAMSAY , KAREN H 13846 9 27 2011 16 46 34 341 ASHLEY 2011 - 039879 2000090291 HOLMES , FRANCES LASSITER 14702 9 28 2011 9 49 46 341 ASHLEY 2011 - 028452 2000069177 EZELL , JOHN L 33263 9 29 2011 16 38 11 105 SHEILA 2011 - 018887 81 COLONIAL PIPELINE CO 1,07895 9 29 2011 16 43 58 105 SHEILA 2011 - 200371 2000128575 DEAN , JIMMY C 49908 9 29 2011 16 51 15 105 SHEILA 2011 - 200373 2000128575 DEAN , JIMMY C 49908 9 29 2011 16 53 43 105 SHEILA 2011 - 200372 2000128575 DEAN , JIMMY C 49908 9 29 2011 16 59 11 105 SHEILA 2011 - 023588 2000128575 DEAN , JIMMY C 97180Page567 November 7 , 2011 – 10 00 am Continued 10 5 2011 15 48 47 341 ASHLEY 2011 - 003089 2000093609 ARNETT , ROBERT L 10022 10 12 2011 10 19 50 105 SHEILA 2011 - 070958 2000136192 PROCS PLACE LLC 3,30139 10 12 2011 14 36 52 121 CATHY 2011 - 003197 2000134961 ARVIN , MARTAIN C 54424 10 13 2011 16 35 23 105 SHEILA 2011 - 054432 2000145093 LUNA , JUAN 32604 Real Personal Property Refunds 9 21 2011 11 08 32 2011 - 011740 2000142830 BRENTWOOD LAND TRUST 72899 102 JEANNIE 9 21 2011 16 58 14 2010 - 031912 32422720 GILBERT , CLEVELAND D JR 11564 310 JENNIFER 9 22 2011 16 24 06 2011 - 200694 2000109427 STRICKLAND , WILLIAM MARK L 60750 121 CATHY 9 29 2011 11 19 20 2011 - 002251 2000140561 ALVAREZ , EDDIE W 12906 102 JEANNIE 9 30 2011 10 32 03 2011 - 076885 78365980 SAULS , S S & SONS INC 1,49479 344 KATINA 9 30 2011 14 22 13 2010 - 052408 2000108284 LEE , THOMAS JEFFERY 19873 189 TERI 10 4 2011 12 36 57 2011 - 037546 2000084700 HERRING , LOUIS M 15255 9999 LOCKBOX 10 12 2011 9 53 22 2011 - 097258 2000036006 YOUDEN , DAVID H 33000 338 ALLISON October 18 , 2011 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 9 16 11 to 10 15 11 Tax refunds - Personal Real Property 47341 Tax releases - Personal Real Property 82750 Motor Vehicle releases refunds 5,93109 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Public Comments A Johnston County Schools Recommended for District Accreditation Johnston County Schools Superintendent Dr Ed Croom informed the Board that Johnston County Schools recently underwent a Five Year District Accreditation review performed by the AdvancED Quality Assurance Review Team which is a national organization that oversees 29,000 different educational units Dr Croom stated the process began in February in which the District was evaluated on seven standards Dr Croom stated he is pleased to report that Johnston County Schools has been rated as “ highly functional ” in all seven standards which is the highest ranking that can be achieved Dr Croom stated he is proud of all the teachers and employees within Johnston County Schools as well as the parents , the Board of Education , the Board of Commissioners , and all others that helped achieve the accomplishment Dr Croom also reported that in the last six months , the Center of American Progress ranked Johnston County Schools # 1 in North Carolina for the quality of education that a child receives versus the amount of money that is spent per child The Board thanked Dr Croom for the report and congratulated Johnston County Schools Chairman Allen L Mims , Jr stated the Board is proud of Johnston County Schools and their accomplishments Chairman Mims also thanked Dr Croom for his working relationship with the Board Commissioner Wade M Stewart commented that it means a great deal to the Commissioners and the County in general for Johnston County Schools to be ranked as highly as they are and how it positively impacts economic development in the County Dr Croom noted that one of the challenges that Johnston County Schools is working diligently to meet is the demand to keep up with all the different languages being spoken by children in the County He stated presently , there are 46 different languages that Johnston County Schools must address in order to educate all the children At the inquiry of Commissioners Tony Braswell and DeVan Barbour , Dr Croom reported the current enrollment stands at 33,055 which is consistent with what they expected B Johnston County Bar Association – Recent Award Attorney Tom Berkau , representing the Johnston County Bar Association JCBA , reported that the JCBA was recently awarded the “ Chief Justice Award ” by the North Carolina Bar Association NCBA at their annual meeting held in June 2011 Mr Berkau stated the award was received in recognition of the JCBA’s pro bono efforts Mr Berkau noted the Association , in an effort to provide pro bono services , began an initiative called “ Ask a Lawyer Day ” that was cosponsored by the NCBA , whereby local lawyers and NCBA staff met with citizens , who otherwise could not afford an attorney , to answer legal questions and offer advice PagePage pageNumber5568 November 7 , 2011 – 10 00 am Continued Mr Berkau thanked the Board of Commissioners for allowing the Bar Association to hold the event in the Courthouse Atrium and spoke on the event’s success Mr Berkau reported the JCBA hopes to have more “ Ask a Lawyer Day ” events in the future He added that similar events have been held by other Associations across North Carolina in shopping centers and malls on weekends ; however , the NCBA felt that by having the event in the courthouse during a weekday , it drew in more people and was more effective The Board congratulated the JCBA on the award C Dr David Johnson – Johnston Community College Johnston Community College President Dr David Johnson congratulated Johnston County Schools on their recent accreditation accomplishment Dr Johnson stated he can attest to the rigorous accreditation process and he spoke on the importance of having such a highly ranked school system Dr Johnson thanked the Board of Commissioners for attending the recent dedication and grand opening of the new Learning Resource Center at the College He reported the event was well attended and he invited the Board to come back for a tour anytime Dr Johnson thanked the Board for their assistance and support that allowed the new Learning Resource Center to become a reality Upon questions by Commissioner Cookie Pope , Dr Johnson briefly updated the Board on the current enrollment at the College and noted that all the technical programs are full Dr Johnson also reported that the College has received a grant to plant an orchard on the campus that will be used to feed the hungry as part of their commitment to community service D Request to Adopt Proclamations Kathy Greenwood , Director of Development Communications for Divine Destiny Adult Care in Smithfield , presented two proclamations to the Board that would declare the month of November as Family Caregiver Month and Alzheimer’s Disease Awareness Month in Johnston County Ms Greenwood also provided the Board with a background on Divine Destiny Adult Care stating that their mission is to help the elderly and disabled citizens in Johnston County to remain as independent and healthy as possible in the most cost effective and cost efficient way Chairman Allen L Mims , Jr stated the Board would review the proclamations and take the matter up again during Board Comment at the end of the meeting Note At the 6 00 pm meeting , the Board adopted the proclamations E Dennis Nielsen – North Carolina Economics Assistance Center , Inc Dennis Nielsen , 9485 NC Hwy 39 , Middlesex , addressed the Board on behalf of the North Carolina Economics Assistance Center Mr Nielsen reported the Center is a 501c3 corporation that provides free tax return preparation assistance Mr Nielsen asked for the County’s assistance to help advertise their services to low income clients and the elderly Mr Nielsen stated they are IRS regulated and he asked for a contact with the County in the Social Services Department that could help to get the word out on their services Commissioner Jeffrey P Carver stated he would be a contact to Mr Nielsen in that he serves on the Social Services Board F ATV Complaint James Stephenson , 5581 Elevation Road , Benson , addressed the Board concerning his complaint regarding noise and dust created by the use of ATVs on property located on Telfer Lane Mr Stephenson recalled that he had provided the Board with ordinance information from another county at the October meeting and he asked if there were any updates regarding his situation Chairman Allen L Mims , Jr stated that he believed Planning Director Berry Gray was presently looking into the situation PagePage pageNumber6569 November 7 , 2011 – 10 00 am Continued 4 Public Hearing – Emergency Services – Debris Management Plan Advertised – The Smithfield Herald – October 26 and November 2 , 2011 Chairman Allen L Mims , Jr opened the public hearing for the purposes of allowing public comment on the proposed Johnston County Debris Management Plan Emergency Management Coordinator Darrell Alford explained that each year the County receives funds from the State for the completion of items related to the Emergency Management Performance Grant The grant contains a preset list of universal requirements that each county must complete for a preset amount of funds , based upon the respective county’s population Mr Alford stated additional funds can be obtained for the completion of items known as optional requirements and each year a county must choose four to eight items from the list to complete Mr Alford reported for Fiscal Year 2010 - 2011 , as one of the optional items , Emergency Services chose to update and re - write the Johnston County Debris Management Plan Mr Alford continued that during research on how to best complete the plan , staff learned of a federal grant that assisted local counties with developing the plan Emergency Services applied for and was awarded a technical assistance grant for the development of a debris management plan Mr Alford reported that Emergency Services held a workshop with the municipalities and County landfill staff to discuss the federal guidelines , policies , and procedures for the management and removal of debris The plan was developed by incorporating the highlights and notes from the workshop Mr Alford explained the plan will serve as a guiding document to assist Johnston County and its municipalities with the framework for county - wide debris clearance and removal during a disaster The plan ensures consistency with current policies of all levels of government as well as describes the interrelationship between the County , State and Federal partners Mr Alford stated if adopted , the plan will serve as a supporting document to the Johnston County Emergency Operations Plan and will provide organizational structure and guidance for field operations in the clearance , removal , and disposal of debris caused by a natural disaster or other major incident The plan would apply to all County departments and agencies , identified support agencies , credentialed volunteers , contracted personnel , and the municipalities that adopt the plan Mr Alford concluded his comments by stating that staff has learned through past experience that debris removal and disposal is the most costly part of a disaster He noted the plan will ensure that the management of this process is effective and places the County in a favorable position to recoup funds if an event warrants a federal declaration Mr Alford offered to answer any questions There being no further comments or questions , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the Johnston County Debris Management Plan as presented Note A complete copy of the Johnston County Debris Management Plan is on file in the Clerk to the Board’s Office as well as with the Emergency Services Department 5 Emergency Services – Approval of Homeland Security Grant Emergency Management Coordinator Darrell Alford requested the Board to approve a Homeland Security Grant from the NC Division of Emergency Management in the amount of 1,85644 to be used for emergency management related training and exercises Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the Homeland Security Grant from the NC Division of Emergency Management in the amount of 1,85644 to be used for emergency management related training and exercises 6 Emergency Services – Johnston Ambulance Service Contract Mr Rudy Baker , Chairman of the Emergency Medical Services Advisory Committee , addressed the Board regarding the County’s contract with Johnston Ambulance Service JAS Mr Baker recalled that at the July 5 , 2011 Board of Commissioners meeting , the Board approved a 90 - day provisional contract with JAS He reported the EMS Advisory Committee met on November 1 , 2011 and recommends the Board extend the contract with JAS through June 30 , 2012 and further , for a decision regarding a possible second franchise to be put on hold until June 2012 at which time , the EMS Advisory Committee will review the situation again Mr Baker stated the EMS Advisory Committee will continue to monitor the situation with JAS ; however , he noted that JAS is fully cooperating with the County and has met all the requirements in the contract PagePage pageNumber7570 November 7 , 2011 – 10 00 am Continued Commissioner Tony Braswell recalled that there have been some issues between Johnston Health and JAS and he asked if that situation had been resolved Mr Baker reported the issues between Johnston Health and JAS are not fully resolved ; however , he stated those matters are between Johnston Health and JAS and must be resolved between the two organizations Mr Baker added that he believes those issues will be resolved once Johnston Health gets approval for additional beds at the Clayton Medical Center which will decrease the number of transfers to the Smithfield Medical Center Commissioner Braswell stated that he understands the problems are between Johnston Health and JAS ; however , he noted that under the franchise agreement , Johnston Health has no alternative but to enter into a contract with JAS Mr Baker stated the EMS Advisory Committee discussed the matter at length and does not feel , at this time , that a second provider would help the situation Commissioner Braswell agreed that the situation between JAS and Johnston Health should improve once additional beds are approved at the Clayton Medical Center Chairman Allen L Mims , Jr stated the biggest issue he has heard between JAS and Johnston Health is the need for better communication Chairman Mims stated if Johnston Health calls JAS for an emergency transport , Johnston Health must stress that the transport is an emergency so that if JAS is unavailable , the emergency transport could be passed along to one of the EMS Units to avoid a prolonged waiting time Commissioner Braswell stated he appreciated the efforts by JAS to work on the situation Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved extending the existing contract with Johnston Ambulance Services through June 30 , 2012 7 Reminder of Veterans Day Event Mr Rudy Baker , Chairman of the Veterans Services Advisory Board , reminded everyone of the Veterans Day Event to be held at the Smithfield - Selma High School on Friday , November 11 , 2011 at 11 00 am He invited the Board and the audience to attend to honor the veterans 8 Cooperative Extension – Approval of Revised Auditorium Rental Contract Director of Cooperative Extension Bryant Spivey reported staff has made several proposed revisions to the Agricultural Building Auditorium Rental Contract Mr Spivey introduced Katie Moore as the new Johnston County Auditorium Manager and noted that since Ms Moore began her duties in January , she has suggested several changes in the contract that would be beneficial in the day to day management of the auditorium He explained that issues have arisen where the deposit does not adequately cover the cleaning costs associated with renting the auditorium Mr Bryant stated after discussion and review of the contract with the County Attorney , staff would like to change the structure of the rental fees to address this issue Mr Spivey also noted that the County Attorney has suggested minor changes to clarify language throughout the contract and provide consistency with the terms Mr Spivey reviewed the following proposed rental rate schedule with the Board 1 Base rental 100 per hour with a 300 minimum or 800 per day 2 Non - refundable Cleaning & Set - Up Fee - All Day Rental 500 - Evening Hourly Rental 300 - Daytime Hourly Rental 150 3 Mandatory Non - refundable Security Fee for Event with Alcohol - All Day Rental 250 - Daytime Evening Hourly Rental 120 4 Security Damage Deposit - Event with alcohol 1,00000 - Event without alcohol 40000PagePage pageNumber8571 November 7 , 2011 – 10 00 am Continued Mr Spivey briefly reviewed other proposed revisions in the contract and stated that staff feels the revised contract would provide clarity for both the auditorium renter as well as staff going forward He offered to answer any questions Commissioner Wade M Stewart asked if there was a policy in place regarding who is charged for the use of the auditorium such as County agencies , Chambers of Commerce , etc Mr Spivey stated County departments are not charged to use the auditorium ; however , he acknowledged that there may be some gray areas for agencies such as Department of Transportation events where some consideration can be given Mr Spivey noted that the Chambers of Commerce have used the facility and did pay for the use Mr Spivey reported private businesses are always charged to use the facility Commissioner Stewart noted that Johnston Community College also rents their facilities for various events and he asked if staff had checked with the College to determine if their rental rates are consistent with what the County is charging for the auditorium rental Mr Spivey reported that he has not checked with Johnston Community College ; however , staff did consult with Johnston County Schools on their rental fees and he feels the County is consistent with what Johnston County Schools charges for the use of their facilities Mr Spivey also noted that staff has communicated with other venues that host similar events and he believes people are getting a value for their money when they rent the auditorium Commissioner Cookie Pope commented that when she served on the Johnston Community College Board of Trustees , she asked that the College stay consistent with the rental rates of the County so the two venues were not competing with each other Mr Spivey stated he would follow up with the College on their rental fees and make a comparison that could be passed on to the Board At the inquiry of Chairman Allen L Mims , Jr , Mr Spivey stated that while the auditorium bookings are not full , they are getting a lot of use Mr Spivey stated he would like to see more use on the weekends which could be a revenue producer for the County He added that he and Ms Moore are looking at different ways to market the venue to generate more use Chairman Mims asked if Cooperative Extension is putting aside some of the revenues to help with upgrades and repairs to the auditorium that will be needed in the future Mr Spivey reported the revenues from the auditorium rental are put back into the County’s General Fund He stated the carpet in the auditorium is in need of replacing and some of those funds may need to be allocated during the next budget cycle to cover that cost Commissioner Cookie Pope moved the Board approve the revised Agricultural Building Auditorium Rental Contract as follows Commissioner DeVan Barbour seconded the motion which carried by unanimous vote Johnston County Agricultural Center Auditorium Use Policy The County Agricultural Center Auditorium is located at 2736 NC 210 Highway , Smithfield , NC , 27577 The auditorium consists of 4,900 square feet of open space that can be subdivided into three areas one 2600 square - foot area , one 992 square - foot area , and one 744 square - foot area Included with the auditorium is a catering kitchen and a stage area of 1000 square feet The auditorium will be rented as a single unit unless special provisions are made Rented facilities do not include halls , office space or meeting rooms that are a part of the area occupied by tenants of the building The Johnston County Agricultural Center Auditorium exists for the purpose of supporting the educational needs and events of the Johnston County Cooperative Extension office , the USDA building tenants and departments of Johnston County government When not in use by these agencies , the auditorium may be rented by public service organizations , non - profit and civic organizations , churches and religious organizations , businesses and private citizens Rental Rates , charges and or fees have been established and approved by the Johnston County Board of Commissioners and may not be altered for any person or group There is no rental fee imposed for Departments of Johnston County government Rental reservations are determined by availability and the day of the week Mondays through Thursdays are reserved for use by building tenants and Departments of Johnston County Government The auditorium may be reserved during these time periods if it has not been reserved by one of these agencies and thePagePage pageNumber9572 November 7 , 2011 – 10 00 am Continued reservation date is less than 120 days in the future The auditorium may be rented Friday through Sunday 12 months in advance on a first come first served basis The Facility will be available for rent at 8 00 AM and MUST BE VACATED no later than 11 00 PM Rates are as follows 1 Base rental 100 per hour with a 300 minimum or 800 per day 2 Non - refundable Cleaning & Set - Up Fee - All Day Rental 500 - Evening Hourly Rental 300 - Daytime Hourly Rental 150 3 Mandatory Non - refundable Security Fee for Event with Alcohol - All Day Rental 250 - Daytime Evening Hourly Rental 120 4 Security Damage Deposit - Event with alcohol 1,00000 - Event without alcohol 40000 The Security Damage Deposit will be refunded after the event , less any amount necessary to repair or restore damage to the premises other than normal cleaning and ordinary wear and tear Items 1 , 2 , and 3 are non - refundable All fees and deposit payments must be made by check , money order or certified funds CASH WILL NOT BE ACCEPTED Presence of County personnel Use of Technical Equipment At every event , County personnel will be present to ensure that your event is successful and that any needs that arise are addressed In order to preserve and protect the state - of - the - art technical equipment installed in the Agricultural Center , only County approved personnel will be allowed to operate the system Inquiries about rental procedure and rental rates may be made in person or by phone to the office of The Johnston County Agricultural Center Auditorium at 919 989 - 5479 An appointment will be made at your convenience so that you may fully tour the available facilities and discuss services desired A sample rental agreement will be made available for your inspection The rental contract is only confirmed upon signatures of the Lessee and approved representative of Johnston County Government Lessor , and full payment of the required deposit is made LEASE AGREEMENT This agreement , made and entered into the ______ day of __________ 20___ by and between Johnston County and The Johnston County Agricultural Center Auditorium hereinafter referred to as the Lessor , and ___________________________________ of hereinafter referred to as the Lessee 1 RENTAL RATES AND ASSOCIATED FEES Rental rates and fees for the use of the property shall be as follows 1 Base rental 100 per hour with a 300 minimum or 800 per day 2 Non - refundable Cleaning & Set - Up Fee - All Day Rental 500 - Evening Hourly Rental 300 - Daytime Hourly Rental 150 3 Mandatory Non - refundable Security Fee for Event with Alcohol - All Day Rental 250 - Daytime Evening Hourly Rental 120 4 Security Damage Deposit - Event with alcohol 1,00000 - Event without alcohol 40000 The Security Damage Deposit will be refunded after the event , less any amount necessary to repair or restore damage to the premises other than normal cleaning and ordinary wear and tear Items 1 , 2 , and 3 are non - refundable All fees and deposit payments must be made by check , money order or certified funds CASH WILL NOT BE ACCEPTED Security officer s is are required if alcohol is to be served These officers will be Johnston County Sheriff’s Department Deputies The Security Fee set forth above is to compensate those officers Lessee and guests must at all times follow the lawful instructions of these officers At the time of the execution of the lease , one - half ½ of the base rental fee and the full Security Damage Deposit must be paid The final payment , including the remainder of rent and all additional fees , is due no later than 15 days prior to use of facility Page0573 November 7 , 2011 – 10 00 am Continued Refund of the Security Damage Deposit will be made within ten 10 business days following the event if no repairs of damage beyond ordinary wear and tear , restoration , or unexpected or excessive cleaning are required ALL RENTAL FEES AND DEPOSIT PAYMENTS MUST BE MADE BY CHECK , MONEY ORDER OR CERTIFIED FUNDS CASH WILL NOT BE ACCEPTED 2 RULES AND REGULATIONS OF CONDITIONS OF USE It is mutually agreed that the Lessor and Lessee shall be bound by the rules and regulations of conditions of use in this document 3 CANCELLATION BY LESSEE Should the Lessee cancel the scheduled event more than thirty days prior to the scheduled event , a refund of all fees and deposits paid will be made minus a 50 charge for handling Cancellation must be made in writing to the Lessor If cancellation is made thirty days or less before the scheduled event , Lessor shall retain all funds paid or deposited 4 CANCELLATION BY LESSOR Lessor shall have the right , power and authority to cancel this contract in part or in whole at any time before or after event starts , in writing or orally to the Lessee if , in the opinion of the official representative of the Lessor 1 the purpose of use is changed in any respect from the contracted rental agreement ; or 2 the Lessee is in default in the discretion of the Lessor , or 3 the Lessor has been affected by a natural cause or an emergency requiring the use of the facility for official duties of the Lessor 5 INDEMNITY Lessee covenants and agrees to defend , indemnify and save harmless the Lessor , its officers , agents and employees each severally and separately , from and against any and all liabilities , demands , claims , damages , losses , costs and expenses of whatsoever kind or nature including , without limitation , any and all direct and indirect costs of defense , made against , or incurred or suffered by , any such indemnitees as a direct or indirect consequence of injury , sickness or disease , including death , to persons ; injury to , or destruction of property , including without limitation , the loss or use of property ; or any other cause of action whatsoever arising out of or resulting from this agreement or the use and occupancy of the facility This indemnity shall include , without limitation , any and all liabilities , demands , claims , damages , losses , costs and expenses caused , or alleged to have been caused , by any negligence or any other act of Lessee 6 INSURANCE If alcohol will be served at event , Lessee agrees to provide a public liability insurance policy covering claims for injuries , death and or property damage arising out of the use of the premises by Lessee in the amount of at least One Million Dollars per claim Johnston County shall be named as an insured party or an additional named insured in the policy If Lessee fails to provide evidence of insurance coverage 15 days prior to the scheduled event , Lessor may cancel this agreement , and Lessee shall forfeit all rights to refund of any monies paid to Lessor 7 LESSEE PROPERTY Lessor will accept delivery of property addressed to Lessee only as a service to the Lessee , and Lessee will indemnify Lessor for any loss or damage to such property in the receipt , handling , care and custody of such property at any time Lessee shall further indemnify Lessor from any claims or costs related to claims from a third party for loss or damage to property on the premises of Lessor during the time covered by this agreement 8 AGREEMENT TO EXIT PREMISES Lessee agrees to exit the premises , conclude the event and require all guests to leave the premises no later than 11 00 PM on the day of the event Lessee further agrees to leave Lessor space in condition equal to that found upon their arrival , except for what may be considered as standard janitorial service as deemed appropriate by Lessor Lessor has the right to stop performance when contracted time has expired 9 REMOVAL OF PROPERTY Lessee agrees to evacuate from the premises by 11 00 pm Lessee may make arrangements to have any rental equipment or supplies picked - up at an arranged time suitable and agreed upon by the Lessor Lessor is authorized , at the expense of Lessee , to remove all materials , equipment and supplies remaining after the pre - arranged time Lessee shall be responsible for payment of storage costs and Lessee agrees that Lessor shall in no way be responsible for loss or damage to such property Lessee hereby grants Lessor a first lien on such property for payment of costs incurred for removal and storage 10 PAYMENT FOR DAMAGES ABUSE Lessee agrees to pay costs of repair or replacement for any and all damages to the premises , its fixtures , equipment , and furnishings , of whatever origin or nature , which occur during the term of this agreement Such reimbursement by Lessee is NOT limited to the amount of the Security Damage Deposit Lessee shall be responsible for loss , damage or injury caused by Lessee , its agents , employees , and guests Lessee will also be responsible for abuse of the fire alarm by attendees at the event and will be required to reimburse the Smithfield Fire Department for false alarm calls 11 COMPLIANCE WITH LAWS AND REGULATIONS Lessee will comply with all laws , ordinances and regulations adopted or established by federal , state or local government agencies or bodies , and by facility rules and regulations as provided by Lessor , and Lessee will require that its agents and attendees likewise comply No activities in violation of federal , state or local laws or ordinances shall be permitted on the premises , and it shall be the responsibility of the Lessee to enforce this provision No lewd or indecent actions , conduct , language , pictures or portrayals shall be included in the activities or events presented by the Lessee on the premises , and nothing may be presented , used or sold that is contrary to law or prohibited by ordinance of the State of North Carolina or Johnston County Lessee agrees to abide by and be bound by the decision of the Lessor should any questions arise under this paragraph 12 CIVIL RIGHTS Lessee agrees not to discriminate against any employee or any applicant for employment because of race , age , religion , or national origin Lessee shall further not so discriminate relative to admission , services , or privileges offered to or enjoyed by the general public Page1574 November 7 , 2011 – 10 00 am Continued 13 ADDITIONAL REGULATIONS AND CONDITIONS OF USE The Lessor reserves the right to impose any additional rules or regulations or to set special use arrangements , whether or not expressly provided herein , which may be necessary for the best interests of the Lessor 14 LICENSES AND PERMITS Lessee agrees to pay promptly all taxes , excise or license fees and to take out all licenses or permits for the use of the Lessor’s space as required by federal , state or local laws and ordinances , and Lessee agrees to provide evidence of same to Lessor 15 CATERING The Lessor must approve all food service arrangements no later than 15 days prior to the event Lessee agrees to notify Lessor of all catering arrangements Caterers must provide proof of licensure by a governing agency and liability insurance 16 PUBLIC SAFETY Lessee agrees that at all times it will conduct its activities with full regard to public safety , and will observe and abide by all applicable regulations and requests by duly authorized governmental agencies or Lessor All portions of the sidewalks , entries , doors , passages , vestibule , halls , corridors , and all ways of access to public utilities of the premises shall be kept unobstructed by the Lessee and shall not be used for any purpose except for ingress or egress to and from the premises by the Lessee Lessee agrees not to bring onto the premises any material , substance , equipment or object which is likely to constitute a hazard to the property or people thereon without the prior approval of the Lessor The Lessor shall have the right to refuse any such material , substances , equipment or object to be brought onto the premises and the further right to require its immediate removal 17 EVACUATION Should it become necessary in the judgment of the Lessor or appropriate authorities to evacuate the premises because of fire , bomb threat or for other reasons of public safety , the Lessee and its guests will comply with the given directives When allowed to return to the premises , Lessee may retain possession of the premises for sufficient time to complete the event without additional rental provided that such time does not interfere with another scheduled event If it is not possible to complete the event , rental shall be forfeited , prorated or adjusted at the discretion of the Lessor , and the Lessee hereby waives any claim for damages or compensation against the Lessor 18 TERMINATION OF EVENT Lessor retains the right to terminate any event in the interest of public safety 19 COPYRIGHTS Lessee will assume all costs , liabilities and claims arising from the use of patented , trademarked , franchised , or copyrighted music , materials , devices , processes or dramatic rights used as part of the event Lessee agrees to indemnify , defend and hold harmless Lessor from any claims or costs , including legal fees , which might arise from the use or alleged use of such material 20 NOTICE OF EVENT REQUIREMENTS Lessee shall provide Lessor at least 15 days before the first day of the event a full and detailed outline of all event requirements including technical , sound , lighting , stage , lobby and chair table requirements and all such other information as may be required by Lessor concerning the event covered in this document 21 UTILITY CONNECTIONS The proposed installation of electricity , gas and plumbing required for an event , beyond that already supplied by the facility , must be submitted to and approved in advance by Lessor at least 30 days prior to the event All such connections and related work , including the restoration of the premises to its original condition , will be at the expense of the Lessee , including any related costs incurred by Lessor Any third party contracted to perform this work must be approved by Lessor 22 PARKING All parking rights and privileges are under the control of and reserved by the Lessor A reasonable number of free parking spaces for event personnel will be provided in the large parking lot located on the west side of the Johnston County Agricultural Center Persons parking outside of clearly marked parking spots are subject to be towed at the owner’s expense Lessee shall be responsible for any sprinkler heads , irrigation equipment , grass , and shrubs damaged by parking outside of marked parking spaces 23 PARKING LOT EVENTS Rental of the parking area will be subject to the same rental rates as the auditorium 24 RIGHT OF ENTRY Lessor may enter the premises at any time , including during the event , without any restriction whatsoever 25 NONEXCLUSIVE RIGHT Lessor shall retain the right to use and or lease such portions of the premises as may not be covered by this agreement Lessor also retains the right to re - enter any part of the premises covered by this agreement should such part become vacant , and to determine that such unused portion may be offered for other use with receipts therefore to Lessor 26 EXHIBIT ENTRANCE All articles , exhibits , displays and other property shall be brought into or out of the facility only at such entrances and during such hours as designated by Lessor 27 CARE OF FACILITY Lessee shall not injure , nor mar , nor in any manner deface said premises or any fixture or equipment contained therein , and shall not cause or permit anything to be done whereby the said premises or equipment therein shall be in any manner injured , marred or defaced ; and will not drive nor permit to be driven nails , hooks , tacks , pins or screws into any part of said building or equipment contained therein and will not make or allow any alterations of any kind to said building or equipment contained therein Lessee will not attach anything to the walls or ceilings including , but not limited to , adhesives , adhesive backed decorations or posters The use of Helium balloons , candles or open flames are prohibited in the facility 28 PROGRAMS , NOVELTIES , CONCESSION ITEMS Lessee may be required to submit all souvenirs , novelties , compact discs , tapes , concession refreshment items , and or similar products or detailed information of such products in advance for approval Lessor shall designate locations within the facility where such items may be displayed or offered if approved 29 SIGNS AND POSTERS Lessee will not post nor allow to be posted any signs , cards or posters except on such display areas as Lessor may provide The use of such areas is a nonexclusive right [ All materials are subject toPage2575 November 7 , 2011 – 10 00 am Continued approval by representatives of Lessor ] Lessee will not cover or block from view any permanent signage installed as a part of The Johnston County Agricultural Center 30 LIVE ANIMALS Lessee shall not bring or permit to be brought any animals or birds , including animal performers and pets , into the facility except in the stage area for animals used in performance of the scheduled event , with the exception of animals trained as assistance for handicapped persons Such performance must be approved by Lessor in advance 31 DANCING AND CLOGGING In order to preserve and protect the floors in The Johnston County Agricultural Center Auditorium and The Johnston County Agricultural Center , Lessor has the right to require a portable wooden dance floor at the Lessee’s expense All forms of tap or clog type dance shoes are not permitted to be worn in the lobby or other building areas at any time 32 OPERABLE PANEL PARTITIONS Lessee will not operate panel partitions Only Lessor may set - up or operate panel partitions 33 SMOKING Smoking is not allowed inside The Johnston County Agricultural Center The Lessor will designate an outdoor area that can be used as a smoking area 34 SERVING OF ALCOHOLIC BEVERAGES Lessee must notify and obtain the approval of Lessor at the time this agreement is executed , and must obtain all required permits if the Lessee wishes to serve alcohol at any event The Lessee will also be required to post signs at exit doors conspicuously stating that transportation will be provided to those individuals unable to drive and Lessee shall provide such transportation at its expense 35 POLICING EVENTS Lessee bears primary responsibility for policing the premises during the event and insuring compliance by Lessee and its guests with the terms of this agreement and insuring that those who attend the event refrain from dangerous , disorderly , or illegal conduct while on the premises Lessor reserves the right to eject from the premises any intoxicated or disorderly person , and neither Lessor nor any of its officers , agents or employees shall be liable to Lessee for any damage that may be sustained by Lessee by the exercise of such right No illegal activity is permitted in or on the grounds of The Johnston County Agricultural Center 36 POLICE SECURITY Security officer s is are required if alcohol is served If attendance at the event is over 150 , 2 officers will be required These officers will be Johnston County Sheriff’s Department Deputies Lessee and its attendees must follow any lawful instructions given by these officers The expense for this security is the responsibility of the Lessee , as set forth in Section 1 37 SEATING CAPACITY Lessee will not permit attendance exceeding the allowed seating capacity of the facility Any question of compliance shall be determined in the sole discretion of the Lessor 38 ANNOUNCEMENTS Lessor reserves the right to make announcements Lessee agrees that it will cooperate and will cause its agents and performers to cooperate with the delivery of such announcements , included but not limited to announcements to require attendees to return to their seats 39 SEVERABILITY If any portion of this agreement is found to be invalid or unenforceable , all other provisions shall nevertheless continue in full force and effect 40 NON - ASSIGNMENT This agreement may not be assigned without written approval by the Lessor and adoption by the assignee of the terms hereof in writing 41 TOTAL AGREEMENT All terms and conditions of this contract shall be binding upon the parties , their heirs , representatives , successors , and assigns , and cannot be waived unless the same be in writing and signed by the duly authorized agent or agents who executed this contract The rental contract must be returned along with the required fees and deposit within fifteen days of its receipt or it becomes void 42 RIGHT OF REFUSAL TO RENT Lessor reserves the right to refuse rental to any party for any event that , in the discretion of the Lessor , poses a risk to the health , welfare , or safety of the public , or poses a risk to the efficient operation of the facility [ THIS SPACE WAS INTENTIONALLY LEFT BLANK SIGNATURES FOLLOW ON THE NEXT PAGE ] IN WITNESS WHEREOF , the parties hereto have executed and delivered this Agreement as of the date first above written LESSEE DATE LESSOR COUNTY OF JOHNSTON , NORTH CAROLINA BY DATE Bryant M Spivey , County Extension Director Johnston County Cooperative Extension Service 2736 NC 210 Highway Smithfield , NC 27577 Telephone 919 989 - 5479 Fax 919 934 - 2698 DATE OF EVENT EVENT TIMES Page3576 November 7 , 2011 – 10 00 am Continued 9 911 - Communications – Approval and Acceptance of NC 911 Board Grant Funding Director of 911 - Communications Jason Barbour reported the County has been awarded grant funds in the amount of 2,637,593 from the North Carolina 911 Board to be used for upgrading the 911 infrastructure that has reached the end of its life for support He requested the Board to accept the grant funding and approve the grant agreement Commissioner Tony Braswell moved the Board accept the NC 911 Board Grant in the amount of 2,637,593 to be used for upgrading the 911 infrastructure and further to approve the grant agreement as follows Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Contract No 2011 - 03 AGREEMENT THIS AGREEMENT the Agreement is made effective the _________ day of _________ 2011 by and between Johnston County 911 Communications the Grantee , a unit of local government of Johnston County North Carolina , and the North Carolina 911 Board hereinafter referred to as 911 Board , an agency of the State of North Carolina Grantee and the Board together “ the Parties ” hereby agree as follows WITNESSETH WHEREAS , the 911 Board was created by SL 2007 - 383 NC Gen Stat § 62A - 40 et seq to collect and administer the 911 Fund ; and WHEREAS , Grantee is Johnston County North Carolina , represented by Johnston County 911 Communications ; and WHEREAS , the 911 Board solicited grant applications pursuant to NC Gen Stat § 62A - 47 and procedures for Grants adopted by the Board ; and WHEREAS , Grantee desires funding to enhance and upgrade the County’s Communications Center ; and WHEREAS , the Parties desire to contract ; NOW , THEREFORE , the Parties enter into this Agreement for program management services , and in consideration of the mutual promises and such other valuable consideration as shall be set out herein , the Parties hereto do mutually agree to the following terms and conditions 1 Definitions a Project Johnston County E911 Communications Infrastructure End of Life Replacement b Executive Director the Executive Director of the 911 Board c Grant Funds the amount authorized for award by the 911 Board , 2,637,593 d Grant Financial assistance provided by the 911 Board , or a subgrantee , to carry out activities whereby the 911 Board anticipates no programmatic involvement with the grantee or subgrantee during the performance of the Grant e Grantee As defined in NC Gen Stat § 143C - 6 - 23 a 2 , a non - state entity that receives a grant of State funds from a State Agency , here the 911 Board f State Funds Any funds appropriated by the NC General Assembly or collected by the State of North Carolina The Grant Funds are State Funds Grantee recognizes that the expenditure of money deposited in the State treasury , including the 911 Fund , is subject to acts of appropriation by the General Assembly and actions of the Budget Director g Subgrantee As defined in NC Gen Stat § 143C - 6 - 23 a 3 , a non - State entity that receives a grant of State funds from a Grantee of a State Agency , here the 911 Board , or a Subgrantee of a Grantee , but does not include any non - State entity subject to the audit and other reporting requirements of the Local Government Commission h Unit of Local Government As defined in NC Gen Stat § 160A - 460 , means a county , city , consolidated city - county , local board of education , sanitary district , facility authority created under Article 20 of Chapter 160A of the General Statutes , special district created under Article 43 of Chapter 105 of the General Statutes , or other local political subdivision , authority , or agency of local government 2 Scope of Project To replace existing radio dispatching console technology and associated system components ; procure , install and implement IP based consoles and install new connectivity means between the Primary and Back - up PSAPs a Grantee shall be responsible for management of the Project and completing the objectives and goals presented in the Grant Application To the extent that the Project includes expenses that are not eligible for reimbursement , Grantee shall be responsible for all expenses for the non - eligible items b Grantee shall submit a revised budget and work plan within thirty 30 days of signing this Agreement These revised documents must reflect any changes and special conditions of the Grant award The budget must include any matching funds or funds from other sources and the anticipated time when such funds will be spent The work plan should include a time line and specific milestones and or deliverables that will be used to measure interim progress and accomplishments of the project during the term of this Agreement Grant Funds will not be released until these revised documents are approved by the 911 Board Executive Director c Grantee will draft technical provisions for one or more Requests for Proposal to be utilized by Grantee in development , procurement and or operations of the Project d Grantee will collect and compile documents as directed by the 911 Board for the purpose of Grantee’s verifying the requirements of Article 3 of Chapter 62A of NC Gen Stat e Grantee shall assist the 911 Board in any audits of Grant Funds by supplying required document s to satisfy the requests of an auditor Page4577 November 7 , 2011 – 10 00 am Continued 3 Changes in the Project a If changes or extra work are requested with respect to the Project , such changes must be authorized in writing by the Parties The 911 Board will not approve any changes that exceed its authority under NC Gen Stat § 62A - 40 et seq , or subsequent modification thereof b Any work referred to in Paragraph 3 a above shall be the subject of a separate written agreement between Grantee stating the costs and schedule for completing any such extra work c Each Party shall immediately notify the other of any change in conditions or applicable law , or any other event , which may significantly affect its ability to perform the Project d The Parties agree that the 911 Board may assign this Agreement to its successor , if any ; or continue the Agreement by amending the term if legislation is enacted that does , or may , affect the term of this agreement e A request for change in the project period requires advance written approval by the 911 Board Executive Director The request must be submitted in writing , stating the basis for the request , to the 911 Board Executive Director at least 30 calendar days prior to the expiration of the Grant The Grantee shall submit a revised budget and any other documentation or information requested by the 911 Board Executive Director indicating the planned use of all unexpended funds during the extension period 4 Regional Consortium Reserved 5 Term of Agreement The Parties intend that the term of this Agreement shall begin upon the Effective Date and extend through the 31 December 2012 End Date The effective period of this Agreement shall commence upon completion by the Parties ’ authorized signatories the Effective Date , and terminate upon the End Date unless sooner terminated under Paragraph 14 ; or amended by written agreement to extend said date by the Parties or their successors in interest 6 Project Schedule Grantee shall prepare and deliver a project schedule consistent with this Agreement that substantially conforms to the following a The Project is anticipated to be completed in 12 months b Grantee shall contract for equipment delivery , installation and training consistent with the Grant Application and this Agreement c Grantee shall prepare and release one or more solicitation documents comprising RFPs or other similar documents beginning within 30 days of the Effective Date d Contracts based upon Grantee’s solicitation documents shall be awarded within thirty days of receiving bids e Equipment and installation funded b