June 5, 2000 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 159 June 5 , 2000 The Johnston County Board of Commissioners met in regular session Monday , June 5 , 2000 , at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members Present James H Langdon , Jr , Cookie Pope , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart , and Allen L Mims , Jr Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , and John R Massey , Finance Officer 1 Minutes - May 1 , 8 , 2000 Chairman James H Langdon , Jr asked if there were corrections to the minutes of the May 1 , 8 , 2000 board meetings Commissioner Thomas M Moore moved the Board approve the minutes as presented Commissioner Allen L Mims seconded the motion , which carried by unanimous vote Public Comments 2 Proposed Development Ordinance Several citizens addressed concerns about the proposed development ordinance John Thompson , with the North Carolina Manufactured Home Institute voiced concern about the proposed regulations for mobile homes and how these would impact mobile home owners in the County He asked the Board to reconsider the restrictions on older units and pointed out that all homes constructed since 1976 are considered to have a 55 year life span He stated he understood why the County was proposing these requirements in order to eliminate unsightly situations ; however , this would penalize all owners of older homes regardless of how well they are kept up He suggested the County might possibly achieve the same end result by instituting more strict laws and penalties on junk cars and other debris that are often found around mobile homes He also recommended the Board reduce the proposed lot sizes from 75 x 120 to 55 x 110 Developer Charlie Parrish , asked the Board to consider using density and distance between homes for manufactured housing developments , rather than lot sizes He noted this would allow clustering of the units and open space to be set aside He stated he would like to have the opportunity to go over this with the Planning Staff before the ordinance is adopted Surveyor Lonnie Peacock stated the new ordinance would change the definition of a minor subdivision , reducing the number of lots from seven to three He maintained this would increase the cost of surveys and maps , and add additional expense for development since major subdivisions are subject to more regulations and restrictions including stormwater management 3 Road Paving Concerns Two citizens requested information about the paving priority for their roads Betsy Hood , who lives on Hood’s Grove Church Road SR 1135 stated she has been waiting for twenty - five years for her road to be paved She noted Hood’s Grove Church Road and other unpaved roads in rural Johnston County need paving and asked the Board for any assistance they might give in this matter Department of Transportation officials who were present provided Ms Hood an update on the paving priority for SR 1135 Matt Sessler , resident of Shadow Road near Benson also expressed frustration with his unpaved road He noted 14 new mobile homes have located on the road recently and voiced hope this will help the next time unpaved roads in the County are prioritized Page160 4 Communications Director Retiring Communications Director Al Gaskill thanked the Board for their support during his years with County government He noted he has enjoyed working for the County and is looking forward to his retirement 5 Public Hearing - Department of Transportation 2000 - 2001 Road Construction Program Department of Transportation DOT officials were present to discuss with the Board the proposed 2000 - 2001 Road Construction Program Present were Durwood Stephenson , NCDOT Board Member , Don Dupree , Division Engineer , Jim Trogden , Assistant Division Engineer , Bryant Bunn , District Engineer , and Tim Little , local maintenance engineer It was noted that Mr Dupree plans to retire during the upcoming year Mr Stephenson updated the Board on several County road projects , including some that are in design and others that are close to completion He stated that DOT is working with the Planning Department , the Board of Education and other local agencies to ensure the highest level of road safety possible for the County Concerning paving priorities , he noted the department will re - prioritize unpaved roads in the County again next year Mr Stephenson called on Bryant Bunn , District Engineer , to briefly review the proposed construction program Mr Bunn explained the program begins with # 46 on the current priority list and provides funding through priority # 60 The next four roads have also been listed for approval in case any problems arise that would prevent construction of the proposed projects A total of 117 miles is scheduled to be constructed at a cost of 2,542,000 Additional funding has been set aside for several projects , including improvements to Swift Creek Road Following further discussion , the Chairman closed the public hearing 2000 - 2001 Road Construction Program Approved Commissioner Eleanor N Creech moved the Board adopt the following resolution accepting the 2000 - 2001 Road Construction Program as presented Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote RESOLUTION WHEREAS The Johnston County Board of Commissioners has received from the Department of Transportation the 2000 - 2001 Secondary Road Construction Program as presented by North Carolina Department of Transportation officials , said roads being a part of the system maintained by the Department of Transportation , Division of Highways ; and WHEREAS After careful consideration of the services rendered by said roads and the traffic demands of said County , it is deemed necessary that said roads be improved in order to better serve the interest of the people of Johnston County NOW THEREFORE BE IT RESOLVED that the Johnston County Board of Commissioners hereby approves and requests that the North Carolina Department of Transportation make the following improvements in said roads listed on the attached Secondary Road Construction Program for 2000 - 2001 th Adopted this 5 day of June 2000 2000 - 2001 North Carolina Department of Transportation Proposed Secondary Road Program - Johnston County Anticipated Funding HWY ___________________________________ 1,297,92400 Anticipated Funding TRUST _________________________________ 1,244,36800 Anticipated Funding BOND __________________________________ 000 TOTAL ANTICIPATED __________________________________ 2,542,29200 Map Number Priority Description Length Anticipated Cost 1 46 SR 1579 Ogburn Road 14 200,00000 From SR 1010 to SR 1010 2 47 SR 1188 Mill Creek Church Road 05 70,00000 From SR 1008 to SR 1192Page161 3 48 SR 1315 Whittington Road 06 88,00000 From SR 1313 to Dead End 4 49 SR 1523 Roberts Road 07 100,00000 From NC 50 to Dead End 5 50 SR 1123 Goose Hole Road 07 100,00000 From NC 96 to Dead End 6 51 SR 2306 Janie Road 08 115,00000 From SR 2305 to SR 2307 7 52 SR 1916 Lee - Youngblood Road 16 224,00000 From SR 1913 to SR 1913 8 53 SR 2331 Condary Road 08 115,00000 From SR 2330 to Dead End 9 54 SR 2368 Oliver Pond Road 05 70,00000 From SR 2320 to SR 2367 10 55 SR 2145 Moore Road 10 140,00000 From SR 1934 to SR 2146 11 56 SR 1530 Johnson Road 03 50,00000 From SR 1529 to SR 1528 12 57 SR 1326 Sherill Road 07 70,00000 From SR 1330 to Dead End 13 58 SR 2119 Creech Road 09 130,00000 From NC 42 to SR 2120 14 59 SR 1522 Old Lee Road 06 85,00000 From NC 50 to Dead End 15 60 SR 2160 Simmons Road 06 85,00000 From SR 2161 to Wilson Co Line 16 61 SR 2511 Buffin Road 10 From SR 2508 to Dead End 17 62 SR 2161 Core Road 08 From NC 222 to Wilson Co Line 18 63 SR 2355A Little Road 11 From SR 1001 to SR 2354 19 64 SR 2541 Buckleberry Road 21 From SR 1007 to Dead End OTHER Description Anticipated Cost Contingency Fund ; Surveys , Right of 180,00000 Ways , Fire Dept and Rescue Driveways and Overdrafts Maintenance fund allocation used to 460,00000 supplement the maintenance budget for activities such as shoulder repair , spot stabilization , pipe replacement , safety projects , industrial access , etc Road improvements on SR 1501 90,00000 Swift Creek Road for the Johnston County Industrial Park Realignment of SR 1382 at the 80,00000 proposed location of the West Johnston High School on SR 1330 Construction of a left turn lane and a 50,00000 right deceleration lane on SR 1700 Covered Bridge Rd to serve the Riverwood Elementary and Middle Schools on SR 1714 Pritchard Rd Construction of a left turn lane and a 40,00000 right deceleration lane on SR 1010 to serve the West Johnston Elementary School on SR 1526 Josephine Rd TOTAL 900,00000 Summary of the 2000 - 2001 program Length Cost # Homes # BusinessesPage162 Total Rural 1170 1,642,00000 111 10 Total Other N A 900,00000 N A Overall Total 117 2,542,00000 111 10 THIS PROGRAM IS SUBJECT TO AVAILABILITY OF FUNDING , RIGHT OF WAY , AND ENVIRONMENTAL REVIEW ROADS THAT DO NOT SHOW FUNDING ARE SUBMITTED FOR APPROVAL IN THE EVENT THAT HIGHER PRIORITY ROADS CANNOT BE CONSTRUCTED DUE TO UNAVAILABLE RIGHT OF WAY 6 Airport Authority - Release of Property for Sale Walthom Group - Environ Products , Inc Harold Keene , chairman of the Airport Authority , recognized Dr Norman B Grantham , Jr Airport Authority member ; Roy Dixon , Airport Manager ; and owners of the Walthom Group , Norwood Thompson and Wallace Renfrow He introduced Mike Webb and Steve Arnold with Environ Products , Inc Mr Keene asked the Board to approve the release of 17 acres of land at the North Aviation Industrial Park located on the north side of Hwy 70 at the intersection of Swift Creek Road The Airport Authority would like to sell this property to the Walthom Group , who in turn will lease the tract to Environ Products , Inc , an industry that plans to relocate to this site He noted an appraisal has been completed , and the property has been valued at 390,000 , which is the proposed selling price Following discussion , Commissioner Thomas M Moore moved the County release 17 acres of the North Aviation Industrial Park property , owned by the Airport Authority , and approve the sale of this tract to the Walthom Group , with the understanding Walthom Group will then lease the land to Environ Products , Inc Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Mike Webb with Environ stated the Company is looking forward to moving to Johnston County They plan to build a 200,000 sq ft modern facility on the site and move their existing operation from Wilson , as well as their corporate headquarters from Pennsylvania He noted this will be a challenge , but the Company feels it will be a good opportunity to grow Chairman Langdon and other Board members welcomed Environ Products to Johnston County 7 Department of Transportation - Additions to System The Board reviewed petitions presented by the North Carolina Department of Transportation requesting the following roads be added to the State Secondary System for maintenance Deer View Drive in Doe Run Subdivision in Pleasant Grove Township Commerce Parkway - in Southgate Business Park , Cleveland Township McCoy Drive - in Gin Branch Estates , Smithfield Township Following review , Commissioner Cookie Pope moved the Board concur with the NC Department of Transportations request to add the road listed above to the State Maintained System Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote 8 Annual Participation Agreement - NCACC - Workers Compensation Fund Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board adopted the following resolution approving the annual participation agreement with the North Carolina Association of County Commissioners Joint Risk Management Agency Workers Compensation Fund ANNUAL PARTICIPATION AGREEMENT RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT AND TO JOIN THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS JOINT RISK MANAGEMENT AGENCY WORKERS COMPENSATION FUND WITNESSETH WHEREAS , the Program Member “ Member ” is required to provide payment of Worker’s CompensationPagePage pageNumber5163 claims of employees ; and WHEREAS , the North Carolina Association of County Commissioners Joint Risk Management Agency “ the Pool ” has been established by counties pursuant to G S 153A - 445 a 1 and G S 160A - 460 through 160A - 464 ; and WHEREAS , it is desirable for the Member to join the Pool in order to provide a method of risk sharing for workers ’ compensation claims of its employees ; NOW , THEREFORE , BE IT RESOLVED that the board of the Member hereby adopts the interlocal agreement entitled “ Interlocal Agreement for a Group Self Insurance Fund for Workers ’ Compensation Risk Sharing , ” and thereby joins and agrees to participate in the Pool , which has been formed to create a group fund to pay and service the workers ’ compensation claims of the employees of the counties and other local agencies joining the Pool FURTHER , BE IT RESOLVED that the undersigned official of the Member is authorized to execute the Agreement to join the Pool TERMS AND CONDITIONS 1 Agreement and Continuation of Coverage The term of this Agreement is for one 1 year commencing July 1 , or the effective date of coverage of a new Member A Member’s coverage will be automatically renewed on the anniversary date even though payment for this coverage may not have been received This Continuation of Coverage will e on the same terms and conditions as the expiring coverage until and unless notified by the Member Each renewal shall be subject to recalculation of contributions 2 Applicable Coverages This Agreement applies to those coverage limits , deductibles and exposures as stated in the Workers ’ Compensation Declaration of Coverage of otherwise provided to the Member at renewal These limits , deductibles and exposures are effective on the date as shown on the Workers ’ Compensation Declarations Page This Resolution also applies to any endorsements attached to the Workers ’ Compensation Declarations Page 3 Contribution Determination The workers ’ compensation contribution is based upon the Member’s payrolls by job classification as requested in the renewal application It is the responsibility of the Member to provide accurate exposure data within thirty 30 days of the date of the request Should this not be done , it will be at the discretion of the Pool to adjust contributions accordingly 4 Charges Changes in rates , discounts and other charges will occur only on the Member’s renewal date and will remain in effect for a twelve 12 month period 5 Contribution Collection Contributions are due thirty 30 days from the date of the invoice Contributions resulting from claims payments for deductible members are due thirty 30 days from the date of invoice for payments made during the previous month 6 Claims Administration A Claims Filing Reporting The Member will , as soon as practicable , report in writing to the Pool every loss occurrence that may give rise to a claim Reporting shall include , but not be limited to , First Reports of Injury , Supplemental Reports of Injury and Employer’s Wage Statements The Member will cooperate with the Pool , and , upon the Pool’s request and reasonable expense , will attend hearings and trials and will assist in effecting settlements , in securing and giving evidence , in attaining the attendance of witnesses and in conducting suits If a claim is made or suit is brought against the Member , the Member shall immediately forward to the Pool every demand , notice , summons or other process received by the Member or its representative B Settlement Authority The Pool or its designee retains sole authority to adjudicate claims All decisions on individual cases shall be made by the Pool or its designee , including the decisions to appeal or not to settle or not to settle a claim C Claims Funding Large Deductible Members Claims payments within the deductible layer of the coverage will be reimbursed to the Pool within thirty 30 days of the date of the invoice , without exception 7 Termination by the Pool This Agreement can be canceled by the Pool only on a renewal date and only after having given written notice by certified mail , return receipt requested , to the Member at least sixty 60 days before such anniversary date except that the Pool may cancel at any time i after giving ten 10 days written notice to the Member if the Member has failed to pay any contribution when due , or , ii as a result of substantive reorganization or dissolution of the Member If the Pool chooses not to cancel for non - payment , payment of the Member’s claims will be suspended immediately until the balance due is paid in full 8 Termination by the Member The Member may cancel this Agreement without penalty effective on their renewal date , after giving written notice to the Pool at least thirty 30 days prior to such renewal date In no event will termination become effective prior to thirty 30 days from the date of notice of termination by the Member 9 Termination Penalty In the event the Member fails to comply with the provisions as outlined in Article 8 above , or it the Pool cancels for non - payment , the Member will be liable as follows i if notice to the Pool is less than thirty 30 days before the Member’s renewal date but prior to the renewal effective date , ten percent 10 of the annual estimated renewal contribution will be payable , ii if notice to the Pool is after the renewal date , the full annual estimated renewal contribution will be payable 10 Member Appeals The Member shall have the right to appeal any decision or recommendation to the Pool’sPagePage pageNumber6164 Board of Trustees , whose determination will be final Any appeal shall e made in writing to the Pool’s Director of Risk Management within thirty 30 days of the decision or recommendation 11 Membership In the interest of providing effective governance , the member or at least one of its budgetary contributors must be a member of the North Carolina Association of County Commissioners 12 Notice Any written notice to the Pool shall be made by first class mail , postage prepaid , and delivered to the Pool’s Director of Risk Management , North Carolina Association of County Commissioners , PO Box 1488 , Raleigh , NC 27602 - 1488 13 Severability If any portion of this Agreement shall be declared illegal or unenforceable for any reason , the remaining portions shall continue in full force and effect 9 Proposed Revised Emergency Operations Plan EMS Director , Dewayne West , presented the proposed revised Emergency Operations Plan for the Board’s approval He noted the proposed changes incorporate provisions that were identified by the EMS staff during the latest storms Each event gives some new insight on how the plan can be improved Following discussion , Commissioner Allen L Mims , Jr moved the Board adopt the updated plan as presented Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Reference The updated plan is on file in the Clerk’s Office 10 Hurricane Floyd Recovery Efforts Mr West updated the Board on Hurricane Floyd recovery efforts He stated the County has participated in the federal buyout program and has already completed six purchases An additional six homes are in the process of being bought The County has the distinction of having completed a buyout in the shortest time , less than six months Mr West noted that additional funding programs are available , each with different regulations and specifications , and none of which has any administrative money included He noted his staff can not handle any additional workload If the County decides to make further applications for Hurricane Floyd funding , he recommended a consultant be hired to administer the programs He asked the Board for direction on whether to pursue further funding since only two families in the County could possibly qualify for the money , and one of the two has indicated they are satisfied with their current situation Following discussion , Commissioner Jerry F Wood moved the County delay seeking any further Hurricane Floyd funds at this time Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote 11 Rescue Squad Membership Program Reinstated Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board reinstated the rural rescue squad 50 membership subscription program effective July 1 , 2000 12 Designation of Delegate for NACo Annual Conference and NCACC Annual Conference Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board designated Chairman James H Langdon , Jr as voting delegate at the NACo Annual Conference in Charlotte in July , and at the August NCACC Annual Conference in Durham 13 Call for Public Hearing - Department of Transportation ROAP Grant Funds Commissioner Cookie Pope moved the Board schedule a public hearing for the July 3 , 2000 meeting to hear public comment on the use of DOT Rural Operation Assistance Program ROAP grant funds for the Elderly Disabled Transportation Assistance Program EDTAP , the Rural General Public Program RGP , and the Work First - Transitional Employment Transportation Program Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote The public hearing is scheduled for 10 30 am 14 Fireworks DisplaysPagePage pageNumber7165 th The Chairman reported he approved fireworks displays for July 4 celebrations for the following , subject to compliance with the General Statutes , the State Fire Code , and the appropriate inspection permits Celebrate Cleveland at Cleveland Middle School Campus on Tuesday , July 4 , 2000 Town of Pine Level at the Sam Godwin Recreation Park on Tuesday , July 4 , 2000 15 Budget Amendments Approved Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved the following budget amendments Department Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101911 Carolina Power & Light 15,92900 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 610034123 Social Services Administration 15,92900 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001100 Telephone 1,52888 10 61001110 Postage 2,42601 10 61101909 Crisis Intervention 20000 10 61401906 State Foster Care - County Share 2343 10 61451906 State Foster Care - State Share 2342 10 61401905 IV - E Foster Care - County Share 994 10 61451905 IV - E Foster Care - State Share 4362 10 61001400 Travel 12996 10 61003200 Office Supplies 2579 10 61354540 Emergency Assistance 18500 TOTAL NET EXPENDITURE 4,59605 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 610034123 Social Services Administration 4,59605 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304589 Smart Start Star Enhancements 100,00000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 610034119 Smart Start Star Enhancements 100,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61204504 CBA Expenditures 67,32300 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 612034126 Triangle J Block Grant Aging 67,32300 Department Special Appropriation FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 58556352 Office of Juvenile Justice Exp 6,00000PagePage pageNumber8166 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 585534117 Community Based alternatives NOJJ 6,00000 Department Fire Districts FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 50 66006010 Archers Lodge Fire District 18,00000 50 66006012 Beulah Fire District 9,00000 50 66006015 Boon Hill Fire District 3,00000 50 66006019 Meadow Fire District 3,00000 50 66006020 Elevation Fire District 16,00000 50 66006021 50 - 210 Fire District 18,00000 50 66006023 Newton Grove Fire District 20000 TOTAL NET EXPENDITURE 67,20000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 50 660031201 Archer Lodge Fire District 18,00000 50 660031203 Beulah Fire District 9,00000 50 660031206 Boon Hill Fire District 3,00000 50 660031210 Meadow Fire District 3,00000 50 660031211 Elevation Fire District 16,00000 50 660031212 50 - 210 Fire District 18,00000 50 660031214 Newton Grove Fire District 20000 TOTAL NET REVENUE 67,20000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 50 66006024 MCLEMORE Fire District 30,00000 50 66006025 Nahunta Fire District 50000 50 66006027 O’Neals Fire District 6,00000 50 66006031 Smithfield Fire District 5,00000 50 66006033 Thanksgiving Fire District 5,00000 50 66006034 West Johnston Fire District 1,00000 50 66006036 Wynn Fire District 2,00000 TOTAL NET EXPENDITURE 49,50000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 50 660031215 MCLEMORE Fire District 30,00000 50 660031216 Nahunta Fire District 50000 50 660031218 O’Neals Fire District 6,00000 50 660031222 Smithfield Fire 5,00000 50 660031224 Thanksgiving Fire District 5,00000 50 660031225 West Johnston Fire District 1,00000 50 660031227 Wynn Fire District 2,00000 TOTAL NET REVENUE 49,50000 Department Motor Vehicle Tax FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE PagePage pageNumber9167 55 66506010 Archers Lodge Fire District 11,00000 55 66506011 Banner Fire District 3,00000 55 66506012 Beulah Fire District 4,00000 55 66506013 Bentonville Fire District 70000 55 66506014 Blackmons X Road Fire District 1,00000 55 66506015 Boon Hill Fire District 1,50000 55 66506016 Brogden Fire District 5,50000 TOTAL NET EXPENDITURE 26,70000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 55 665031201 Archer Lodge Fire District 11,00000 55 665031202 Banner Fire District 3,00000 55 665031203 Beulah Fire District 4,00000 55 665031204 Bentonville Fire District 70000 55 665031205 Blackmons X Roads Fire District 1,00000 55 665031206 Boon Hill Fire District 1,50000 55 665031207 Brodgen Fire District 5,50000 TOTAL NET REVENUE 26,70000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 55 66506018 Corinth Holder Fire District 5,50000 55 66506019 Meadow Fire District 6,00000 55 66506020 Elevation Fire District 8,50000 55 66506021 50 - 210 Fire District 13,50000 55 66506022 Micro Fire District 4,00000 55 66506023 Newton Grove Fire District 10000 55 66506024 MCLEMORE Fire District 14,00000 TOTAL NET EXPENDITURE 51,60000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 55 665031209 Corinth Holder Fire District 5,50000 55 665031210 Meadow Fire District 6,00000 55 665031211 Elevation Fire District 8,50000 55 665031212 50 - 210 Fire District 13,50000 55 665031213 Micro Fire District 4,00000 55 665031214 Newton Grove Fire District 10000 55 665031215 MCLEMORE Fire District 14,00000 TOTAL NET REVENUE 51,60000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 55 66506025 Nahunta Fire District 15000 55 66506027 O’Neal Fire District 7,00000 55 66506028 Pine Level Fire District 2,00000 55 66506029 Selma Fire District 2,00000 55 66506030 Shoeheel Fire District 1,30000 55 66506031 Smithfield Fire District 2,50000 55 66506032 Strickland X Roads Fire District 2,50000 TOTAL NET EXPENDITURE 17,45000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGEPage0168 55 665031216 Nahunta Fire District 15000 55 665031218 O’Neal Fire District 7,00000 55 665031219 Pine Level Fire District 2,00000 55 665031220 Selma Fire District 2,00000 55 665031221 Shoeheel Fire District 1,30000 55 665031222 Smithfield Fire District 2,50000 55 665031223 Strickland X Roads Fire District 2,50000 TOTAL NET REVENUE 17,45000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 55 66506033 Thanksgiving Fire District 6,00000 55 66506034 West Johnston Fire District 5,50000 55 66506035 Wilsons Mills Fire District 8,00000 55 66506036 Wynn Fire District 7,00000 55 66506038 Whitley Heights Sanitary District 1,00000 55 66506039 Town Of Smithfield 190,00000 55 66506040 Town Of Kenly 24,00000 TOTAL NET EXPENDITURE 241,50000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 55 665031224 Thanksgiving Fire District 6,00000 55 665031225 West Johnston Fire District 5,50000 55 665031226 Wilsons Mills Fire District 8,00000 55 665031227 Wynn Fire District 7,00000 55 665031229 Whitley Heights Sanitary District 1,00000 55 665031338 Town Of Smithfield 190,00000 55 665031333 Town Of Kenly 24,00000 TOTAL NET REVENUE 241,50000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 55 66506041 Town Of Selma 60,00000 55 66506042 Town Of Clayton 170,00000 55 66506043 Town Of Benson 25,00000 55 66506044 Town Of Four Oaks 11,00000 55 66506045 Town Of Princeton 12,00000 55 66506046 Town Of Pine Level 9,00000 55 66506047 Town Of Micro 4,00000 55 66506050 Town Of Wilsons Mills 1,50000 TOTAL NET EXPENDITURE 292,50000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 55 665031337 Town Of Selma 60,00000 55 665031331 Town Of Clayton 170,00000 55 665031330 Town Of Benson 25,00000 55 665031332 Town Of Four Oaks 11,00000 55 665031336 Town Of Princeton 12,00000 55 665031335 Town Of Pine Level 9,00000 55 665031334 Town Of Micro 4,00000 55 665031342 Town Of Wilsons Mills 1,50000 TOTAL NET REVENUE 292,50000 Department Sheriff’s Department FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51304900 Other Fixed Changes 41000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 513034162 Restitution Revenue 41000 Department Mental HealthPage1169 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE Personal Services 15,000 Supplies & Materials 1,250 Current Obligations & Services 0 Fixed Charges & Other 48,900 Capital Outlay 10,000 Contracts , Grants , Other Subsidies 60,000 TOTAL NET EXPENDITURE 17,350 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE Local Funds 0 State Funds 2,350 Federal Funds 15,000 TOTAL NET REVENUE 17,350 16 Appointments A Eastern Regional Housing Board Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board reappointed Rudolph F Allen for a five year term to expire June 2005 B Emergency Medical Services - COG Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board reappointed Connie Grady , RN and appointed Billy R Langston to the Emergency Medical Services - COG committee for two year terms to expire June 2002 C Boon Hill Fire Protection District Commission Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board reappointed Randy Jones and Robert Starling to the Boon Hill Fire Protection District Commission for two year terms to expire June 2002 D O’Neals Fire Protection District Commission Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board reappointed Kendall T Hocutt and Ray Wheeler to the O’Neals Fire Protection District Commission for two year terms to expire June 2002 E Library Board of Trustees Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board reappointed Billie Stevens to the Library Board of Trustees for a three year term to expire June 2003 F Johnston Community College Board of Trustees Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board appointed Craig Olive to the Community College Board of Trustees for a four year term to expire June 2004 G Board of Health Commissioner Cookie Pope nominated Dr Lisa Padfield to represent the veterinarian position on the Board of Health Commissioner Thomas M Moore nominated Dr William Everett Smith for this position The Chairman called for a vote on the two nominees Page2170 Voting for Dr Lisa Padfield Commissioner Cookie Pope , Commissioner Wade M Stewart , Commissioner James H Langdon , Jr , and Commissioner Allen L Mims , Jr Voting for Dr William Everett Smith Commissioner Thomas M Moore , Commissioner Eleanor N Creech , and Commissioner Jerry F Wood Based on the vote on the nominees , Lisa Padfield , DVM was appointed to the Board of Health to fill an unexpired term until April 2001 17 Early Incentive Period for 150 Sign - Up Established for Elevation and Meadow Water Districts Commissioner Cookie Pope moved the Board sit simultaneously as the Elevation and Meadow Water District Boards Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote The Board discussed with Engineer Tim Broome the new requirement from USDA Rural Development that early incentive fees for water districts must be 150 instead of the 75 the County has charged for previous districts Board members expressed frustration that this is being mandated by the lending authority County Manager , Rick Hester , stated he has written a letter objecting to the increase , however , there is no indication the USDA - RD will change their minds Mr Broome explained the last four districts were formed after the original notice came out about the 150 fee , and the County is asking that those four districts be exempted as it would be very difficult to go back and assess an additional 75 on those citizens He noted he believes the exemption will be granted for the four that have already completed their incentive period , however , the State Engineer has told him these two districts must go under the new ruling Sitting as the Elevation Water District Board Following discussion , Commissioner Allen L Mims , Jr moved the Board set the dates for a 150 early incentive fee for the Elevation Water District from July 5 , 2000 to November 10 , 2000 , with the understanding that every attempt possible will be made to have the fee reduced to 75 in accordance with the previous districts Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Sitting as the Meadow Water District Board Commissioner Thomas M Moore moved the Board set the dates for a 150 early incentive fee for the Meadow Water District from July 5 , 2000 to November 10 , 2000 , with the understanding that every attempt possible will be made to have the fee reduced to 75 in accordance with the previous districts Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adjourned the Elevation and Meadow Water District Boards and resumed regular session 18 Approval of Sale of Bond Anticipation Notes - Princeton - Kenly Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board recessed regular session to sit as the Princeton Kenly Water District Board The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES OF THE PRINCETON KENLY WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA IN THE AGGREGATE PRINCIPAL AMOUNT OF 2,730,000 FOR THE PURPOSE OF FINANCING A WATER SYSTEM IN THE DISTRICT WHEREAS , the Bond Order hereinafter described was authorized and adopted by the Board ofPage3171 Commissioners of Johnston County the “ Board ” , acting as the governing body of the Princeton Kenly Water District the “ District ” on June 8 , 1998 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on August 4 , 1998 ; and WHEREAS , the Board desires to provide for the issuance of 2,730,000 Water Bond Anticipation Notes the “ Notes ” pursuant to said Bond Order ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Princeton Kenly Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on June 5 , 2000 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE PRINCETON KENLY WATER DISTRICT 1 The District shall issue its General Obligation Water Bond Anticipation Notes in an aggregate principal amount of 2,730,000 pursuant to and in accordance with the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE PRINCETON KENLY WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,300,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT 2 The Notes shall be dated July 5 , 2000 or such later date as may be directed or approved by the LGC and the Board , shall be in denominations as specified by the purchaser thereof , shall be numbered appropriately and shall be substantially in the form of note attached hereto as Exhibit A The Notes shall mature and bear interest payable on April 4 , 2001 , or such later date as may be approved by the LGC and the Board , so long as the maturity for the Notes does not exceed one 1 year The Notes shall bear interest at such rate as shall be determined by the Chairman and the North Carolina Local Government Commission the “ LGC ” , as hereinafter defined , at the time of sale , provided such interest rate does not exceed seven percent 70 Principal and interest shall be payable to the holders upon surrender of the Notes as they become due at the principal corporate trust office of such institution as may be designated as paying agent for the Notes by the purchaser Principal and interest shall be payable in lawful money of the United States of America 3 The Notes will not be subject to redemption prior to maturity 4 The Notes shall be signed by the manual signature of the Chairman , shall be countersigned by the manual signature of the Clerk and the District’s own seal shall be affixed thereon The Notes shall not be valid until they have been endorsed by the signature of the authorized representative of the LGC 5 Te full faith and credit and taxing power of the District are hereby irrevocably pledged for the payment of principal of and interest on the Notes Unless other funds are lawfully available and appropriated for timely payment of the Notes , the Board shall levy and collect taxes and raise other revenues for payment of the principal of and interest on the Notes , as the same become due and payable 6 The LGC is hereby requested to sell said 2,730,000 Notes 7 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Notes are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the Notes to be “ arbitrage bonds ” within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended the “ Code ” , or otherwise cause interest on the Notes to be includable in the gross income of the holders thereof 8 The Board hereby covenants that it will not permit the gross proceeds of the Notes to be used in any manner that would result in either a 5 or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a governmental unit as provided in Section 141 b of the Code , b 5 of such proceeds being used with respect to any “ output facility ” other than a facility for the furnishing of water , within the meaning of Section 141 b 4 of the Code , or c 5 or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141 c of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Notes and that any such restriction is not required to prevent the interest on the Notes from being includable in the gross income of the registered owners thereof under existing statutes , the Board need not comply with such restriction 9 The Notes are hereby designated as “ qualified tax - exempt obligations ” for purposes of Section 265 b 3 of the Code a The Board will in no event designate more than 10,000,000 of obligations as qualified tax - exempt obligations in 2000 , including the Notes , for the purpose of such Section 265 b 3 ; b The District and all its “ subordinate entities ” within the meaning of Section 265 b 3 of the Code have not issued more than 10,000,000 of tax - exempt obligations in 2000 not including “ private activity bonds , ” as defined in Section 141 of the Code , other than “ qualified 501 c 3 bonds , ” as defined in Section 145 of the Code , including the Notes ; c Barring circumstances unforeseen as of the date of delivery of the Notes , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2000 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 10,000,000 of tax - exempt obligations in 2000 not including private activity bonds other than qualified 501 c 3 bonds , including the Notes ; and d The Board has no reason to believe that the District and such subordinate entities will issuePage4172 tax - exempt obligations in 2000 in an aggregate amount that will exceed such 10,000,000 limit ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or c above is not required for the Notes to be qualified tax - exempt obligations , the Board need not comply with such restriction 10 The Board hereby represents and covenants as follows a The District and all its “ subordinate entities ” within the meaning of Section 148 f 4 D ii of the Code have not issued more than 5,000,000 of tax - exempt obligations in 2000 not including private activity bonds , including the Notes ; b Barring circumstances unforeseen as of the date of delivery of the Notes , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2000 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 5,000,000 of tax - exempt obligations in 2000 not including private activity bonds , including the Notes ; c The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2000 in an aggregate amount that will exceed such 5,000,000 limit ; d At least 95 of the proceeds of the Notes shall be used for “ local government activities ” of the District within the meaning of Section 148 f 4 iii of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or d above will not prevent the District from having to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Notes , the Board need not comply with such restriction 11 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Notes prepared and , when they shall have been duly sold by the LGC , to execute the Notes and to deliver the Notes to the State Treasurer of North Carolina for delivery to the purchaser or purchasers to whom they may be sold by the LGC 12 All other actions of officers of the District in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Notes are hereby approved and confirmed 13 Such officers of the District as may be requested are hereby authorized and directed to execute appropriate closing papers including a certificate setting forth the expected use and investment of the proceeds of the Notes in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto , applicable to “ arbitrage bonds ” Such papers and certificates shall be in such form as may be requested by bond counsel for the District 14 This resolution , in particular Section 2 hereof , constitutes a system of registration for the Notes pursuant to NCGS § 159E - 4 15 All resolutions or parts of resolutions in conflict herewith are hereby repealed 16 This resolution shall take effect immediately Commissioner Cookie Pope moved the passage of the foregoing resolution and Commissioner Thomas M Moore seconded the motion , and the resolution was passed by the following vote AyesJames H Langdon , Jr , Cookie Pope , Jerry F Wood , Thomas M Moore , Eleanor N Creech , Allen L Mims , Jr , and Wade M Stewart NaysNone Not Voting None Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adjourned the Princeton Kenly Water District Board and resumed regular session 19 Wastewater Infrastructure Agreement - County and Town of Clayton Engineer Tim Broome discussed with the Board a proposed 20 year agreement with the Town of Clayton to transfer ownership to Clayton of the Neuse River interceptor between NC Hwy 42 and Glen Laurel Subdivision , 12 main on Shotwell Road , the Caterpillar Pump Station , a gravity sewer line from Little Creek to the Winn Dixie Site , the connecting force mains between the station and Glen Laurel Road , and the force main from the Caterpillar pump station to US Hwy 70 The mobile generator set assigned to the Caterpillar pump station and the 6 force main which discharges from the East Clayton K - 5 School pump station on the east side of the river will remain the County’s The Town would collect assessment fees and turn these over to the County until the debt is paid Clayton Manager , Steve Biggs , voiced support for the agreement and noted his council would be asked to vote on it at their meeting later in the day He noted , however , that he would recommend a few changes to the agreement After outlining his proposed changes , Engineer Tim Broome stated thesePage5173 additions corrections would be acceptable to him Both parties agreed that some measure should be included to accommodate T R Lee , a developer who has a project in progress that would be hurt by the agreement Following discussion , Commissioner Thomas M Moore moved the Board approve the agreement with the proposed changes and with the understanding the parties will work out the ownership transfer to the Town in such a way as to accommodate Mr T R Lee Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote STATE OF NORTH CAROLINA UTILITY INFRASTRUCTURE INTERLOCAL AGREEMENT JOHNSTON COUNTY This UTILITY INFRASTRUCTURE INTERLOCAL AGREEMENT this “ Agreement ” is entered into this the ____ day of June , 2000 , by and between JOHNSTON COUNTY , NORTH CAROLINA , a body corporate and politic and a political subdivision of the State of North Carolina the “ County ” , and the TOWN OF CLAYTON , NORTH CAROLINA , a body corporate and politic and a political subdivision of the State of North Carolina the “ Town ” collectively , the “ Parties ” ; WITNESSETH WHEREAS , the County owns and operates certain water and wastewater collection , transmission and treatment facilities in certain areas of Johnston County ; WHEREAS , the Town owns and operates certain water distribution and wastewater collection , transmission and treatment facilities in certain areas of Johnston County ; and WHEREAS , under previous agreements , the Town provides retail service on water mains and sewer lines owned by the County ; and WHEREAS , the Parties desire to maximize the efficiency and cost - effectiveness of the provision of utility services to the citizens and residents of the County and the Town ; NOW THEREFORE , in consideration of the foregoing agreement and mutual covenants and benefits contained herein , and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Parties agree and covenant as follows 1 The term of this Agreement shall be twenty 20 years , unless sooner modified or terminated as herein provided 2 Immediately upon execution of this Agreement , the County shall take all steps necessary to transfer to the Town title to , possession of , and ownership of the County’s sewer facilities and all appurtenances thereto on NC Highway 42 on the west side of the Neuse River specifically including i the 12 ” Neuse River interceptor between NC Highway 42 and Glen Laurel Subdivision , ii the Caterpillar pump station , iii the 8 ” connecting force mains between the station and Glen Laurel Road , and iv the 8 ” force main from the Caterpillar pump station to US Highway 70 , all as more accurately reflected in Exhibit A hereto , which is incorporated by reference as if fully set forth herein the “ Highway 42 Facilities ” Provided , however , that the Highway 42 Facilities shall not include the mobile generator set which is assigned by the County to the Caterpillar pump station Model # 94A04632 - S , Serial # 2016083 , nor the 6 force main which discharges from the County’s East Clayton K - 5 School pump station on the east side of the river into the 12 Neuse River interceptor a The Parties acknowledge and agree that the value of the Highway 42 Facilities based on the County’s net investment less depreciation 50 year straight line with a 25 residual value is five hundred sixty - three thousand five hundred eighty - six dollars 563,58600 b The Town shall charge and collect wastewater assessment fees for residential and commercial development which will be tributary to the NC 42 Facilities Fees shall be collected whether or not the development parcel is annexed by the Town Such fees shall be equal to or greater than the County’s current assessment fees 2,000 per tap for residential , 7,500 per acre for commercial , and 10 per gpd for institutional , non - profit or not for profit development Assessment fees shall be collected on , or before building permits are issued Within thirty 30 days of collection of such fees , The Town will pay to the County these amounts and will continue such payments during the term of this Agreement Provided , however , that the Town shall not be required to collect or pay to the County any such fees in connection with existing developments which have already been approved by the Town ie , preliminary plats or subsequent approvals A schedule of such previously approved developments is attached as Exhibit B c The County will credit against the payments required under Paragraph 2 b of this Agreement the assessment fees in the amount of thirteen thousand three hundred twenty dollars 13,32000 which the Town owes to the County in connection with Forest Glen Subdivision Phase I , said fees shall be paid within 30 days from the date of execution of this agreement 4 The Town will accept financial responsibility for the mitigation of the diesel fuel contaminated soil in the located at of the original Caterpillar station Any cost incurred in this mitigation shall also be credited against the total value of the NC 42 Facilities 5 The County will purchase and install at its own cost a wastewater flow meter at the wastewaterPage6174 pump station adjacent to the East Clayton K - 5 School This meter shall be used to measure all flow originating from sources east of the Neuse River including but not limited to the East Clayton K - 5 School , Stewart’s Knob Subdivision , and River Hills Subdivision Monthly meter readings shall be provided to the Town for capacity allocation accounting purposes The meter will be installed within 6 months of the date of execution of this agreement 3 Immediately upon execution of this Agreement , the County shall take all steps necessary to transfer to the Town title to , possession of , and ownership of the 10 ” gravity sewer line from the Little Creek interceptor to , and on the Winn - Dixie property and all appurtenances thereto , all as more accurately reflected in Exhibit C record construction plans hereto , which is incorporated by reference as if fully set forth herein the “ Winn - Dixie Facilities ” a The Parties acknowledge and agree that the value of the Winn - Dixie Facilities based on the County’s net investment less depreciation 50 year straight line with a 25 residual value is two hundred twenty - five thousand five hundred sixty - six dollars 225,56600 b The Town shall charge and collect wastewater assessment fees for all development which will be tributary to the Winn - Dixie Facilities Fees shall be collected whether or not the development parcel is annexed by the Town Such fees shall be equal to or greater than the County’s current assessment fees 2,000 per tap for residential , 7,500 per acre for commercial , and 10 per gpd for institutional , non - profit or not for profit development Assessment fees shall be collected on , or before building permits are issued Within thirty 30 days of collection of such fees , The Town will pay to the County these amounts and will continue such payments during the term of this Agreement 4 Immediately upon execution of this Agreement , the County shall take all steps necessary to transfer to the Town title to , possession of , and ownership of the 12 ” water main on Shotwell Road from Old Garner Road to US Highway 70 and all appurtenances thereto , as more accurately reflected in Exhibit D record construction plans hereto , which is incorporated by reference as if fully set forth herein a The Town shall acquire at its own cost and make available to the County a site for a two way master meter for the existing 12 water main on Old Garner Road near the entrance to Colonial Carton Corporation The Town will purchase and install a master meter and connecting appurtenances on such site at its own cost within 6 months from the date of execution of this agreement The meter shall be the property of the County The Town agrees to maintain water service to the tract of land currently owned by T R Lee on Bobbitt Road by allowing connection to the existing 12 water main located at the intersection of Old Garner and Shotwell Roads 5 The County’s Board of Commissioners shall review this Agreement and by resolution adopt this Agreement to remain in full force and effect until modified or terminated as herein provided 6 The Town’s Town Council shall adopt such resolution as necessary to enter into this Agreement , which shall be binding upon the Town until modified or terminated as herein provided 7 This Agreement reflects the complete understanding of the Parties and constitutes their entire agreement with respect to the subject matter hereof , superseding all prior negotiations , representations , contracts , agreements , promises , understandings , and statements concerning the subject matter hereof 8 This Agreement may be modified only by a written instrument duly executed by both Parties 9 This Agreement shall bind and inure to the benefit of the Parties and their successors and assigns This Agreement and all documents referred to herein shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina 10 All communications and notices hereunder shall be in writing and shall be i delivered by hand , ii sent prepaid by overnight delivery , or iii sent by the United States Mail , certified , postage prepaid , return receipt requested , at the addresses designated below , or to such other addresses as either party hereto may hereafter designate in writing from time to time To the County Johnston County ATTN County Manager 212 Market Street Post Office Box 1049 Smithfield , North Carolina 27577 To the Town Town of Clayton ATTN Town Manager 231 E Second Street Post Office Box 879 Clayton , North Carolina 27520 11 The waiver by either of the Parties of any breach or violation of any terms or provisions of this Agreement by any other party hereto shall not operate as a waiver of any other breach or violation 12 The provisions of this Agreement are hereby deemed by the Parties to be severable , and the invalidity or unenforceability of any one or more of the provisions of this Agreement shall not affect the validity and enforceability of the remaining provisions hereof 20 Water Infrastructure Agreement - Archer’s Lodge Water District and Town of ClaytonPage7175 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board recessed regular session to sit as the Archer’s Lodge Water District Board Mr Broome explained this agreement would be between the District and the Town of Clayton concerning the water main to be constructed by the District from Clayton’s Wilson Street elevated tank to Loop Road and the future transfer of ownership of this main Steve Biggs supported the agreement , however , he suggested a slight modification to expand the stated scope of the agreement Again Mr Broome stated he would have no problem with the suggested change Following discussion , Commissioner Allen L Mims , Jr moved the Board approve the agreement with the proposed changes Commissioner Cookie Pope seconded the motion , which carried by unanimous vote STATE OF NORTH CAROLINA UTILITY INFRASTRUCTURE AND SERVICE INTERLOCAL JOHNSTON COUNTY AGREEMENT This UTILITY INFRASTRUCTURE AND SERVICE INTERLOCAL AGREEMENT this “ Agreement ” is entered into this the ____ day of _______________ , 2000 , by and between the ARCHER’S LODGE WATER DISTRICT , established by Johnston County , North Carolina , a body politic and a special service district of the State of North Carolina the “ District ” , and the TOWN OF CLAYTON , NORTH CAROLINA , a body corporate and politic and a political subdivision of the State of North Carolina the “ Town ” collectively , the “ Parties ” ; WITNESSETH WHEREAS , the District owns and operates certain water transmission and distribution facilities in certain areas of Johnston County ; WHEREAS , the Town owns and operates certain water distribution facilities in certain areas of Johnston County ; WHEREAS , the District offers and provides residential and commercial water service and related services the “ Services ” within a certain geographic area in Johnston County , North Carolina ; WHEREAS , the Town recently annexed certain real property that is located within the geographic boundaries of the District’s service area the “ Riverwood Athletic Club ” , all as more particularly described in Exhibit A hereto , which is incorporated by reference as if fully set forth herein ; WHEREAS , the Town is responsible for providing certain municipal services to the Riverwood Athletic Club as a result of such annexation ; WHEREAS , the Parties desire to maximize the efficiency and cost - effectiveness of the provision of water utility services to the citizens and residents of the District and the Town ; and WHEREAS , the Town and the District desire to reach an arrangement for the District to provide Services to the residents and property owners of the Riverwood Athletic Club on substantially the same basis and in the same manner as such Services are provided within the rest of the Town NOW THEREFORE , in consideration of the foregoing agreement and mutual covenants and benefits contained herein , and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Parties agree and covenant as follows 1 The term of this Agreement shall be twenty 20 years , unless sooner modified or terminated as herein provided 2 The District shall construct a 12 Class 200 water main from the vicinity of the elevated water tank on Wilson Street along O’Neil Street and Covered Bridge Road to the end of the District’s planned main on Covered Bridge Road near the Loop Road intersection , all as more accurately reflected in Exhibit B hereto , which is incorporated by reference as if fully set forth herein the “ Main ” a The Town shall acquire at its own cost and make available to the District a site for a two - way master meter at a location between the intersection of Covered Bridge Road and O’Neil Street and the Neuse River b The District shall purchase and install at its own cost a two - way meter on the west side of the Neuse River on a site to be provided by the Town c The Town agrees to acquire a master meter site and install a master meter at its own cost for service by the District to the Riverwood Athletic Club Subdivision and the public schools therein The meter site and meter shall be the property of the District d Five 5 years following the District’s commencement of active retail sales of water to any customer , the District shall take all steps necessary to transfer to the Town title to , possession of , and ownership of i the Main from Wilson Street to the meter station referenced in Paragraph 2 a of this Agreement ; ii all water facilities and appurtenances thereto located in the Riverwood Athletic Club Subdivision ; and iii all water facilities and appurtenances theretoPage8176 located in or serving any of the public schools located in Riverwood Athletic Club Subdivision , but excluding the District’s 12 water main on Pritchard Road and the 12 water main on Covered Bridge Road between Pritchard Road and the master meter e For a period of ten 10 years , the Town agrees to charge and collect water assessment fees for all residential and commercial development served by the Main whether or not the development tracts are annexed by the Town Such fees shall be equal to or greater than the District