September 6, 2022 - 10:00 am - County Board of Commissioners Meeting Minutes

10 77 Meeting of the Johnston County Board of Commissioners September 6 , 2022 10 00 am The Johnston County Board of Commissioners met in regular session Tuesday , September 6 , 2022 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Fred J Smith , Jr , Richard D Braswell , and April Stephens Absent Commissioner Ted G Godwin Also Present County Manager Rick J Hester , Finance Officer and Deputy County Manager J Chad McLamb , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Executive Assistant Deputy Clerk to the Board Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 10 00 am Vice Chairman Patrick E Harris opened the meeting with a prayer VFW Post 5886 Smithfield led everyone in the Pledge of Allegiance to the American Flag 1 Veterans Services – Resolution Supporting Operation Green Light for Veterans Veterans Services Director Robert Boyette requested the Board to adopt a resolution supporting st Operation Green Light for Veterans Mr Boyette asked everyone to remember the upcoming 21 anniversary of 911 this Sunday , September 11 , 2022 He stated 911 engaged the country in the longest war to date and it is often forgotten how long that war was and how many family members and children were left behind Mr Boyette stated the National Association of Counties has started Operation Green Light and in speaking with Commissioner Ted G Godwin , they saw this as a great way to honor the veterans in Johnston County Chairman RS “ Butch ” Lawter , Jr noted that Commissioner Godwin is not at today’s meeting , but is watching the broadcast from where he is Commissioner Fred J Smith , Jr stated he served in the Judge Advocate General’s Corp from 1966 until 1970 during the Vietnam War and he had the opportunity to serve at the JAG School at the University of Virginia Commissioner Smith stated the lawyers had to perform different functions and during his time there , he was asked to travel to Virginia to inform a mother that her son was not coming home from the war , which he will never forget He stated freedom is not free , and people pay an awful price for our freedom Commissioner Smith spoke on the importance of appreciating veterans and how it is necessary for people to understand that each generation must earn the freedom we all enjoy Commissioner Fred J Smith , Jr read aloud the resolution supporting Operation Green Light and moved for its adoption Commissioner Tony Braswell seconded the motion which carried by unanimous vote RESOLUTION Supporting Operation Green Light for Veterans WHEREAS , the residents of Johnston County have great respect , admiration , and the utmost gratitude for all of the men and women who have selflessly served our country and this community in the Armed Forces ; and WHEREAS , the contributions and sacrifices of the men and women who served in the Armed Forces have been vital in maintaining the freedoms and way of life enjoyed by our citizens ; and WHEREAS , Johnston County seeks to honor these individuals who have paid the high price for freedom by placing themselves in harm’s way for the good of all ; and WHEREAS , Veterans continue to serve our community in the various Veterans Services Organizations , religious groups , civil service , and by functioning as County Veteran Service Officers in 29 states to help fellow former service members access more than 52 billion in federal health , disability and compensation benefits each year ; and WHEREAS , Approximately 200,000 service members transition to civilian communities annually ; andPage78 September 6 , 2022 – 10 00 am Continued WHEREAS , an estimated 20 percent increase of service members will transition to civilian life in the near future ; and WHEREAS , studies indicate that 44 - 72 percent of service members experience high levels of stress during transition from military to civilian life ; and WHEREAS , Active Military Service Members transitioning from military service are at a high risk for suicide during their first year after military service ; and WHEREAS , the National Association of Counties encourages all counties , parishes and boroughs to recognize Operation Green Light for Veterans ; and WHEREAS , Johnston County appreciates the sacrifices of our United States Military Personnel and believes specific recognition should be granted NOW THEREFORE , BE IT RESOLVED , with designation as a Green Light for Veterans County , the Johnston County Board of Commissioners hereby declares from October through Veterans Day , November 11 , 2022 , a time to salute and honor the service and sacrifice of our men and women in uniform transitioning from Active Service ; and BE IT FURTHER RESOLVED , that in observance of Operation Green Light , Johnston County encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying a green light in a window of their place of business or residence , and further encourages all municipalities within Johnston County to display green lighting , wherever possible , at public buildings th Adopted this the 6 day of September , 2022 2 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the agenda removing the Public Hearing for the Bear Farm Road abandonment from the agenda 3 Consent Agenda Items Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – July 18 , 2022 10 00 am and 6 00 pm ; and August 1 , 2022 10 00 am and 6 00 pm B Proclamation – Child Passenger Safety Week and National Seat Check Saturday , adopted as follows CHILD PASSENGER SAFETY WEEK 2022 PROCLAMATION WHEREAS , children are Johnston County’s most precious resource ; and WHEREAS , between 2008 and 2017 there has been a 15 percent decline in the number of child motor vehicle traffic fatalities ; and WHEREAS , children 2 to 5 years of age using safety belts instead of child safety seats or booster seats are four times more likely to suffer a serious head injury in a crash ; and WHEREAS , when installed and used correctly , child safety seats and safety belts can prevent injuries and save young lives ; and WHEREAS , child safety seats can reduce fatal injury by up to 71 percent for infants and 54 percent for toddlers ages 1 to 4 ; and WHEREAS , research from the National Highway Traffic Safety Administration shows 59 percent of child restraint systems are installed incorrectly ; and WHEREAS , all 50 States , the District of Columbia , and our Territories have laws requiring the use of child safety seats for small children ; andPage79 September 6 , 2022 – 10 00 am Continued WHEREAS , child passenger safety technicians in Johnston County continue to help parents keep their children safely seated during Child Passenger Safety Week and beyond by offering appointments at local checking stations ; and WHEREAS , FOR ALL OF THESE REASONS , and for the well - being of our kids , Johnston County is committed to working closely with parents and safety advocates to help reduce the number of young lives lost on our roadways Our goal is to educate parents and caregivers on how to properly install and use child safety seats Parents and caregivers are urged to take advantage of the free services provided by child passenger safety technicians and ensure their children are in the right car seats for their ages and sizes , and that the seats are installed correctly NOW , THEREFORE , We , the Johnston County Board of Commissioners , does hereby proclaim September 18 - 24 , 2022 as Child Passenger Safety Week and September 24 , 2022 as National Seat Check Saturday Let’s all help reduce crash fatalities and injuries by buckling our children up correctly — every trip , every time th Adopted this the 6 day of September , 2022 C Proclamation – 2022 Fall Litter Sweep – September 10 - 24 , 2022 , adopted as follows PROCLAMATION FALL LITTER SWEEP 2022 WHEREAS , the North Carolina Department of Transportation organizes an annual fall statewide roadside cleanup to ensure clean and beautiful roads in North Carolina ; and WHEREAS , the FALL LITTER SWEEP roadside cleanup encourages local governments and communities , civic and professional groups , businesses , churches , schools , families and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups ; and WHEREAS , Adopt - A - Highway volunteers , Department of Transportation employees , Department of Public Safety – Division of Adult Correction inmates , community service workers , local government agencies , community leaders , civic and community organizations , businesses , churches , schools , and environmentally concerned citizens conduct annual local cleanups during FALL LITTER SWEEP ; and WHEREAS , the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians , attracting tourists and aiding in recruiting new industries ; and WHEREAS , the cleanup will increase awareness of the need for cleaner roadsides , emphasize the importance of not littering , and encourage recycling of solid wastes ; and th WHEREAS , the 2022 FALL LITTER SWEEP will celebrate the 34 Anniversary of the North Carolina Adopt - A - Highway program and its many volunteer groups that donate their labor and time year round to keep our roadsides clean ; and WHEREAS , the FALL LITTER SWEEP cleanup will be a part of educating the children of this great State regarding the importance of a clean environment to the quality of life in Johnston County and North Carolina ; and NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim September 10 through September 24 , 2022 as FALL LITTER SWEEP time in Johnston County , and encourages all citizens to take an active role in making their communities cleaner th Adopted this the 6 day of September , 2022 D Animal Cruelty Officers Reappointment Request The Board reappointed Roger Davis and Chad Massengill as the Animal Cruelty Officers to serve Johnston County for one year terms E Appointments , approved as follows i Juvenile Crime Prevention Council - Reappointed Serreda King Jenkins for a two year term to expire on June 30 , 2024 F Budget Revisions , approved as follows Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE Page80 September 6 , 2022 – 10 00 am Continued 10 59207050 Non - Major Capital Assets 11,71689 10 59257050 Non - Major Capital Assets 16,72714 10 59457050 Non - Major Capital Assets 44,67410 10 5960 - 7050 Non - Major Capital Assets 5,78349 TOTAL NET EXPENDITURES 78,90162 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 592034154 Medicaid 11,71689 10 592534154 Medicaid 16,72714 10 5945 - 34154 Medicaid 44,67410 10 5960 - 34154 Medicaid 5,78349 TOTAL NET REVENUE 76,90162 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59157819 COVID 19 expense 99,74100 TOTAL NET EXPENDITURES 99,74100 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591534155 State Grant 99,74100 TOTAL NET REVENUE 99,74100 Heritage Center REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 194475 3302 Freedmen’s School Project 250,00000 TOTAL NET EXPENDITURES 250,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 194475 33990 Fund Balance Appropriated 250,00000 TOTAL NET REVENUE 250,00000 Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE PagePage pageNumber581 September 6 , 2022 – 10 00 am Continued 18 44500200 Salaries & Wages 11,91000 18 44500201 Longevity 2,50000 18 44500250 Salaries Permanent 1,50300 18 44500300 Salaries Part - Time 1,41600 18 44500501 Social Security 45300 18 44500600 Health Insurance 7,28000 18 44500602 Retiree Hospital Insurance 7,28000 18 44500610 Life Insurance 900 18 44500700 Retirement 1,88700 18 44500701 401K 17500 18 44503200 Office Supplies 60000 18 44503300 Departmental Supplies 60000 18 44503319 AV Supplies 1,18400 18 44504590 Programming Expense 32900 18 44507100 Capital Improvement 29,00000 18 44507400 Capital Outlay 4,00000 TOTAL NET EXPENDITURES 31,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 18 445033990 Fund Balance Appropriated 135,00000 18 445033102 Transfer from General Fund 112,00000 18 445034103 Town of Smithfield 10,00000 18 445034104 State of NC Library 2,00000 TOTAL NET REVENUE 31,00000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51000210 Salaries – Overtime 1,45530 10 51001700 Vehicles 10,07460 10 51004300 Special Services 41000 10 51007050 Non - Major Capital Assets 15,70200 10 51007414 Special Services 1,88228 10 51007414 Capital Outlay – Sheriff 3,82517 10 51007418 Capital Outlay – Drug Seizure 11,04000 TOTAL NET EXPENDITURES 42,50707 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 3,82517 10 510032509 Insurance Recovery 7,88460 10 510033099 Miscellaneous Revenue 2,06530 10 510034163 Federal Grant Equipment 15,70200 10 510035104 Sheriff Fees 1,99000 10 510036119 Sale of Assets 11,04000 TOTAL NET REVENUE 42,50707 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE PagePage pageNumber682 September 6 , 2022 – 10 00 am Continued 10 61101909 Crisis 34,49300 TOTAL NET EXPENDITURES 34,49300 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 34,49300 TOTAL NET REVENUE 34,49300 G Tax Releases & Refunds – 07 15 2022 – 08 15 2022 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 7 21 2022 10 20 24 AM ALassiter 2022 - 200741 2000099695 MITCHELL , MICHELLE LYNN 17237 7 21 2022 10 24 18 AM ALassiter 2022 - 67230 2000099695 MITCHELL , MICHELLE LYNN 15323 7 22 2022 2 41 05 PM ALassiter 2022 - 75887 2000235706 MERCHANTS BANK EQUIPMENT 68802 FINANCE , A DIVI 8 1 2022 12 31 26 PM ALassiter 2022 - 99776 2000199965 SELMA PRECISION TECHNOLOGIES , 14630 NC , LLC 8 1 2022 12 36 16 PM ALassiter 2021 - 86844 2000199965 SELMA PRECISION TECHNOLOGIES , 14410 NC , LLC 8 1 2022 3 58 38 PM ALassiter 2022 - 200852 2000252010 DALE , KENNETH JEFFREY 42170 8 1 2022 4 02 34 PM ALassiter 2022 - 91975 2000161746 RAMIREZ , JOSE LUIS PATINO 18866 8 1 2022 4 45 08 PM ALassiter 2022 - 116015 2000220911 COX , JASON R 19552 8 4 2022 9 58 58 AM ALassiter 2022 - 29563 2000106484 DRDA , THOMAS STEPHEN 12070 8 4 2022 10 19 45 AM dwoodward2 2022 - 36564 2000093349 TOWN OF CLAYTON 68841 8 4 2022 10 47 29 AM dwoodward2 2022 - 76206 2000232406 GREENFIELD WEATHERFORD 66234 HOLDINGS , LLC 8 4 2022 10 51 51 AM dwoodward2 2022 - 76206 2000232406 GREENFIELD WEATHERFORD - 66234 HOLDINGS , LLC 8 4 2022 10 52 33 AM dwoodward2 2022 - 76206 2000232406 GREENFIELD WEATHERFORD 66234 HOLDINGS , LLC 8 4 2022 12 21 40 PM ALassiter 2022 - 96810 2000081536 TOOLE , BRANDON F 66432 8 4 2022 4 16 21 PM ALassiter 2022 - 30376 2000133762 EDWARDS , BRUCE L 31071 8 5 2022 1 39 00 PM ALassiter 2022 - 90666 2000088763 STANCEL , BRIAN 13667 8 5 2022 1 43 41 PM ALassiter 2022 - 125041 2000245359 MAAS , ERIC E 10688 8 5 2022 2 34 40 PM ALassiter 2022 - 1451 2000189749 ADVANCE ACCEPTANCE 24732 8 10 2022 10 32 49 AM ALassiter 2022 - 100719 2000050359 SHORT STOP FOOD MART 22 54100 8 11 2022 4 49 29 PM ALassiter 2022 - 91141 2000194417 QUALITY LEASING CO INC 59203 8 15 2022 11 47 11 AM ALassiter 2022 - 126108 2000251141 BRUCE , DOUGLAS EUGENE 75508 8 15 2022 12 16 52 PM ALassiter 2022 - 201041 2000087162 GODWIN , JERRY 38037 8 15 2022 1 20 32 PM ALassiter 2022 - 113357 2000105618 WHEELS LT 12545 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 7 20 2022 9 32 33 AM tmeacomes 2022 - 88833 2000194131 SMITH , DANIEL BRIAN 18747 7 20 2022 9 53 37 AM tmeacomes 2022 - 612 2000237167 KELLY , SCOTT BYRON 19433 7 20 2022 10 45 34 AM tmeacomes 2021 - 100624 2000010074 WARREN , PATRICK DALE 10832 7 20 2022 10 50 29 AM tmeacomes 2021 - 45789 2000105574 HOUSE , CURT B 12662 7 23 2022 12 00 00 AM tmeacomes 2022 - 24054 22533730 CROCKER , GLENWOOD P 2,48121 7 23 2022 12 00 00 AM Jodee 2022 - 73100 2000166382 PARKER , ALICE BAREFOOT 88756 Langdon 7 23 2022 12 00 00 AM tmeacomes 2022 - 96481 2000089579 ROGERS , PHILLIP MATTHEW 21735 7 23 2022 12 00 00 AM tmeacomes 2022 - 113785 2000148311 WILLOUGHBY , PAUL 15364 7 23 2022 12 01 00 AM tmeacomes 2022 - 96481 2000089579 ROGERS , PHILLIP MATTHEW 13196 7 23 2022 12 01 00 AM tmeacomes 2022 - 88232 2000226819 SIMMONS , ALEXANDER L 14253 7 23 2022 12 01 00 AM tmeacomes 2022 - 110529 2000216247 TUCKER , MAHLON G III 10000 7 23 2022 12 02 00 AM ajsoutherland 2022 - 73230 2000004254 PARKER , DONOVAN ANTONIO 25597PagePage pageNumber783 September 6 , 2022 – 10 00 am Continued 7 23 2022 12 02 00 AM tmeacomes 2022 - 88232 2000226819 SIMMONS , ALEXANDER L 30000 7 23 2022 12 03 00 AM tmeacomes 2022 - 7831 2000005014 BARNHOUSE , DONALD WAYNE 15500 7 23 2022 12 03 00 AM tmeacomes 2022 - 73230 2000004254 PARKER , DONOVAN ANTONIO 30000 7 23 2022 12 03 00 AM Jodee 2022 - 88232 2000226819 SIMMONS , ALEXANDER L 30000 Langdon 7 23 2022 12 04 00 AM tmeacomes 2022 - 38122 2000171434 GRAY , ROBERT JERARD 10000 7 23 2022 12 04 00 AM Jodee 2022 - 88232 2000226819 SIMMONS , ALEXANDER L 30000 Langdon 7 23 2022 12 05 00 AM tmeacomes 2022 - 38122 2000171434 GRAY , ROBERT JERARD 10000 7 23 2022 12 05 00 AM tmeacomes 2022 - 88232 2000226819 SIMMONS , ALEXANDER L 30000 7 23 2022 12 09 00 AM ajsoutherland 2022 - 70301 2000230548 STEPHENSON , LINDA ASHLEY 10000 NEWSOME JOINT TENANTS WR 7 23 2022 12 10 00 AM tmeacomes 2022 - 69394 2000231581 METEVELIS , MARTHA 18512 7 23 2022 12 10 00 AM tmeacomes 2022 - 70301 2000230548 STEPHENSON , LINDA ASHLEY 10000 NEWSOME JOINT TENANTS WR 7 25 2022 10 12 58 AM tmeacomes 2022 - 74997 2000198340 PEARCE , SHIRLEY JEAN LIFE 13964 ESTATE 7 26 2022 2 25 54 PM tmeacomes 2022 - 73739 67062120 PARKER , WILLIE E 3,78752 7 27 2022 2 14 24 PM Jodee 2021 - 100624 2000010074 WARREN , PATRICK DALE 12929 Langdon 7 29 2022 11 46 03 AM tmeacomes 2022 - 101257 2000198896 WARREN , CYNTHIA R 31546 7 29 2022 12 03 02 PM tmeacomes 2021 - 52145 2000193233 JONES , DENISE W 15347 7 29 2022 12 08 21 PM tmeacomes 2021 - 204218 2000078387 VICK , RODNEY KEITH 27679 7 29 2022 2 29 34 PM ajsoutherland 2022 - 51689 2000209326 HOLDEN BARNETT PROPERTIES , 23834 LLC 8 4 2022 12 45 16 PM tmeacomes 2022 - 84427 2000211615 AGUILO , CARLOS 35541 8 5 2022 2 00 23 PM ajsoutherland 2022 - 23592 2000169787 CREECH , JUSTIN TYLER 10000 8 8 2022 11 50 06 AM tmeacomes 2022 - 73342 2000139278 PARKER , ALICE BAREFOOT 12821 8 8 2022 12 48 29 PM ajsoutherland 2022 - 24057 22533730 CROCKER , GLENWOOD P 21921 8 9 2022 5 19 05 PM LOCKBOX 2022 - 4741 2000213303 AVEDON , JEFFREY C LIFE 1,46261 ESTATE 8 9 2022 5 19 05 PM LOCKBOX 2022 - 27737 2000102370 DIGIROLAMO , BARBARA J 60000 8 10 2022 2 37 30 PM tmeacomes 2022 - 12601 2000218845 HARBINSON , BARRY D 25000 8 11 2022 3 11 09 PM LOCKBOX 2020 - 21256 19623960 COLLIER , JOHN ROLAND 10000 8 11 2022 3 11 09 PM LOCKBOX 2021 - 56001 2000196787 LANGDON , SUE JOHNSON 18185 8 12 2022 3 08 41 PM LOCKBOX 2022 - 105490 2000157526 WILLOUGHBY , MELVIN G SR 20260 8 15 2022 10 52 10 AM tmeacomes 2022 - 16546 2000214774 MUNSON , CHARLES JR 67231 4 Public Comments No one came forward with public comments Chairman RS “ Butch ” Lawter , Jr took a moment to remember Mr Ken Taylor , a Johnston County resident that recently passed away , and who often addressed the Board during public comment Chairman Lawter stated Mr Taylor was always very thoughtful and respectful when he addressed the Board He asked everyone to be in prayer for Mr Taylor’s family 5 Emergency Services – Resolution for Firefighters Week in Johnston County Fire Marshal Ryan Parker stated in May 2011 , the North Carolina General Assembly adopted a th st Resolution to proclaim the week of September 11 as Firefighter’s week He stated this year marks the 21 anniversary of 911 and to honor all firefighters , both current and past , the Emergency Services Department requests the Board to declare the week of September 11 - 17 , 2022 as Firefighter’s week in Johnston County Commissioner Tony Braswell read aloud the resolution and moved for its adoption , seconded by Vice Chairman Patrick E Harris , and carried unanimously RESOLUTION PROCLAIMING FIREFIGHTERS WEEK IN JOHNSTON COUNTYPagePage pageNumber884 September 6 , 2022 – 10 00 am Continued Whereas , fighting fires is one of the most hazardous professions requiring physical strength , stamina , extensive training , courage , and selfless concern for the welfare of others ; and Whereas , firefighters provide valuable services to the citizens of Johnston County , their communities , and the County ; and Whereas , firefighters make sacrifices to protect the lives and financial interests of the citizens of Johnston County ; and Whereas , firefighters respond to emergencies without hesitation when the call of duty arises ; and Whereas , firefighters work with public safety officials and law enforcement officers to protect the integrity of crime scenes , which is necessary to resolve arson cases ; and Whereas , firefighters reside in the community in which they serve and have a great appreciation for protecting their communities ; and Whereas , it is appropriate to recognize the duties and services that firefighters perform by observing Firefighters Week in Johnston County Now Therefore Be It Resolved by the Johnston County Board of Commissioners that all firefighters deserve to be honored for the invaluable service they provide to the County , its citizens , and communities The Board of Commissioners encourages the citizens of Johnston County to observe the week of September 11 - 17 , 2022 as Firefighters Week in Johnston County th Adopted this the 6 day of September 2022 Chairman RS “ Butch ” Lawter , Jr congratulated Mr Parker on his new role as Fire Marshal Vice Chairman Patrick E Harris expressed his appreciation for all the firefighters and noted it is also a big family commitment , for which he is thankful 6 Health Department – Consideration of Preliminary Plan for Opioid Settlement Funds Health Director Dr Marilyn Pearson addressed the Board and noted that the County is still dealing with the COVID - 19 pandemic She stated the County has not yet received the new booster doses but they are expected later this week Dr Pearson reported North Carolina received 26 billion from the national opioid settlements and of this 26 billion , Johnston County will receive 8,055,92100 over an 18 year period Dr Pearson stated settlement funds are specifically dedicated to opioid remediation strategies that address prevention , treatment , and recovery due to the opioid epidemic Dr Pearson presented a proposed resolution to the Board which allows the County to spend funds for the opioid epidemic and she noted that staff has worked very hard on this initiative She recognized Health Ed Supervisor Kimetha Fullwood and Health Educator Mary Banks , along with County Attorney Jennifer Slusser for their work Dr Pearson stated staff has developed a preliminary plan with input from stakeholders and the community partners She reported community forums have been held and the focus is on the six high impact strategies as follows ? Collaborative Strategic Planning ; ? Evidence - based addiction treatment ; ? Recovery support services ; ? Early Intervention ; ? Naloxone distribution ; and ? Partner with Emergency Management and EMS for implementing a Post - Overdose Response Team Dr Pearson provided the Board with the following proposed plan EX A - Preliminary Plan Opioid Settlement Funds Preliminary Plan Authorization for Expenditure of Opioid Settlement FundsPagePage pageNumber985 September 6 , 2022 – 10 00 am Continued EXHIBIT A TO NC MOA HIGH - IMPACT OPIOID ABATEMENT STRATEGIES “ OPTION A ” List 1 Collaborative strategic planning Support collaborative strategic planning to address opioid misuse , addiction , overdose , or related issues , including staff support , facilitation services , or any activity or combination of activities listed in Exhibit C to the MOA collaborative strategic planning Strategy Partners Performance Timeline Estimated Cost Measures Coordinate all grant Part Time Position Annually 31,000 activities , report Human Services progress , etc Planner Evaluator _ _ _ ? Office 2000 Supplies _ _ _ ? Cell Phone 1,200 _ _ _ ? Printing Edu , 5,000 Brochures _ _ _ ? Educational 2,500 Trainings related to position _ _ _ ? Travel 1,500 Community Quarterly Meeting space cost Opioid Task Force partners and Meetings 150 for Ag Center stakeholders x4 2 Evidence - based addiction treatment Support evidence - based addiction treatment consistent with the American Society of Addiction Medicine’s national practice guidelines for the treatment of opioid use disorder – including Medication - Assisted Treatment MAT with any medication approved for this purpose by the US Food and Drug Administration – through Opioid Treatment Programs , qualified providers of Office - Based Opioid Treatment , Federally Qualified Health Centers , treatment offered in conjunction with justice system programs , or other community - based programs offering evidence - based addiction treatment This may include capital expenditures for facilities that offer evidence - based treatment for OUD If only a portion of a facility offers such treatment , then only that portion qualifies for funding , on a pro rata basis Strategy Partners Performance Timeline Estimated Cost Measures 100 people a year Detox at Facility 35,000 Location TBD Travel 10,000 no MAT 7 - 10 days return to JCBH for additional treatment Page086 September 6 , 2022 – 10 00 am Continued JCBH Provide MAT MAT MAT licensed provider JCBH supervisor for 413 initial CSS Certified Licensed Clinical 150 every 2 years Clinic Addictions Specialist recertification Supervisor LCAS Training 6,240 120 biweekly to be certified JCBH 413 initial LCAS 150 every 2 years recertification Taxi , rideshare , As needed Transportation 5,000 uber , etc Transportation JCBH Treatment 10,000 Medication Lockboxes 1200 around 12 x 100 people 3 Recovery support services Fund evidence - based recovery support services , including peer support specialists or care navigators based in local health departments , social service offices , detention facilities , community - based organizations , or other settings that support people in treatment or recovery , or people who use drugs , in accessing addiction treatment , recovery support , harm reduction services , primary healthcare , or other services or supports they need to improve their health or well - being Strategy Partners Performance Timeline Estimated Cost Measures NC Peer Support Completion of 60 Annually Train 3 - 5 Peer 7,500 per year Specialist hours PSS + WRAP Support Program Certification from the Specialists per state year Trained PSS full time Employ Peer 37,440 year Support Specialist part time 18,720 year ? Cell Phone 1,200 year 4 Early intervention Fund programs , services , or training to encourage early identification and intervention for children or adolescents who may be struggling with problematic use of drugs or mental health conditions , including Youth Mental Health First Aid , peer - based programs , or similar approaches Training programs may target parents , family members , caregivers , teachers , school staff , peers , neighbors , health or human services professionals , or others in contact with children or adolescents Strategy Partners Performance Measures Timeline Estimated Cost Poe Bi - annually Opioid Prevention Health Education CenterPage187 September 6 , 2022 – 10 00 am Continued Meeting Space - Opioids 101 150 x 2 Bi - annually - Drugs Uncovered The Poe Center’s two - hour workshop and exhibit educates North Carolina adults on current drug trends Participants will tour the Poe Center’s life - sized “ Teen Bedroom Exhibit ” and identify 80 + items that conceal and promote substance use Participants will • Learn ways to talk to kids about alcohol , tobacco , and other drugs • Learn about current drug trends • Identify the ways teens are using common and unique items to conceal and use alcohol , tobacco , and other drugs • Learn about protective factors that help prevent alcohol , tobacco , and other drug use • Identify risk factors that lead to substance use disorder • Explore adolescent brain development • Learn consequences of alcohol , tobacco , and other drug use • Learn to identify signs and symptoms of alcohol , tobacco , and other drug use • Identify community support systems and resources Trained facilitator Bi - annually Narcan Trainings 600 Reach newspaper , Annually Media Advertisement 15,000 internet , radio , etc 5 Naloxone distribution Support programs or organizations that distribute naloxone to persons at risk of overdose or their social networks , such as Syringe Service Programs , post - overdose response teams , programs that provide naloxone to persons upon release from jail or prison , emergency medical service providers or hospital emergency departments that provide naloxone to persons at risk of overdose , or community - based organizations that provide services to people who use drugs Programs or organizations involved in community distribution of naloxone may , in addition , provide naloxone to first responders Strategy Partners Performance Timeline Estimated Cost MeasuresPage288 September 6 , 2022 – 10 00 am Continued JC EMS Number of Doses Annually Purchase Narcan + JC EM Distributed Distribute to 5,000 Doses 102,500 Health Dept partners Number of doses 23 - Fire Depts administered 17 - EM Stations 1 - Health Dept 1 - JC Public Library 6 Post - overdose response team Support post - overdose response teams that connect persons who have experienced non - fatal drug overdoses to addiction treatment , recovery support , harm reduction services , primary healthcare , or other services or supports they need to improve their health or well - being Strategy Partners Performance Timeline Estimated Cost Measures Post Overdose JC EMS First year will assess TBD Response Team need against community Potentially in the paramedic workload next 3 years include a EMS position and train paramedics to administer MAT TOTAL estimated expenditures 276,90600 annually Contingency for approved strategies 32,59911 annually Total Cost of Preliminary Strategies 309,50511 Dr Pearson requested the Board’s adoption of a resolution so the strategies can begin to assist residents Commissioner Tony Braswell expressed his concerns over the lack of adolescent mental health facilities in Johnston County He stated this is a continuing concern and he requested staff and his fellow Commissioners to lobby Alliance Health for more services Commissioner Braswell stated Johnston County needs adolescent centers for mental health Dr Pearson spoke on a pilot project called Catch Johnston in coordination with UNC Health that will provide telehealth services for teens and adolescents for mental health She stated staff is working on this and hopes the service can be implemented in the next two months Commissioner T Braswell thanked Dr Pearson for these efforts and reiterated that Johnston County needs these resources and strategies Commissioner April Stephens asked if the plan would provide resources to help with Fentanyl deaths Dr Pearson stated staff is working towards hiring a coordinator and noted that the focus will change over the years She stated staff will continue to evaluate the needs as time goes on Vice Chairman Patrick E Harris commended Dr Pearson and her team for their dedication and service to Johnston County Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board adopted the following resolution Resolution Approving Opioid Settlement Funds Preliminary Plan and Authorizing Expenditure of Settlement Funds WHEREAS , the State of North Carolina , Johnston County , and its people have been harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture , marketing , promotion , distribution , or dispensing of an opioid analgesic ; andPage389 September 6 , 2022 – 10 00 am Continued WHEREAS , settlements were reached in order to resolve claims concerning the alleged misconduct and North Carolina’s share of settlement funds totaled 26 billion ; and WHEREAS , on June 21 , 2021 , the Johnston County Board of Commissioners approved a resolution approving the Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation “ MOA ” ; and WHEREAS , Johnston County is expected to receive settlement funds in the amount of 8,055,921 over an 18 year period to be used for opioid remediation strategies that address prevention , treatment and recovery due to the opioid epidemic ; and WHEREAS , the MOA sets forth certain requirements for the receipt , allocation , and expenditure of settlement funds for opioid remediation activities ; and WHEREAS , the Johnston County Board of Commissioners desires Johnston County’s share of opioid settlement funds be used for high impact opioid abatement strategies ; and WHEREAS , over the past five months Johnston County has conducted key stakeholder meetings , community meetings , and significant public outreach to get input on the proposed use of the Johnston County settlement funds and the proposed Opioid Settlement Funds Preliminary Plan ; and WHEREAS , the Johnston County Board of Commissioners desires to adopt the Opioid Settlement Funds Preliminary Plan to implement high - impact mitigation strategies to assist the citizens and residents of Johnston County NOW , THEREFORE , BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS 1 Pursuant to the terms of the MOA , there is established an “ Opioid Settlement Special Revenue Fund ” The source of revenue deposited into this fund will derive solely from settlement funds in the amount of 8,055,92100 to be paid over a period of 18 years per the terms of the Memorandum of Agreement between the State of North Carolina and Johnston County for the Opioid Litigation Settlement “ MOA ” Settlement funds shall not be commingled with any other money or funds of Johnston County 2 All money deposited in the Opioid Settlement Special Revenue Fund shall be used consistent with the approved High - Impact Opioid Abatement Strategies found in Exhibit A of the MOA 3 The Opioid Settlement Special Revenue Fund shall remain in existence so long as settlement funds are collected and used for the aforesaid purposes , after which the Fund shall be dissolved in accordance with the MOA and North Carolina law 4 The Johnston County Board of Commissioners hereby adopts the Opioid Settlement Funds Preliminary Plan and appropriates and authorizes for the expenditures from the Opioid Settlement Special Revenue Fund the amount of 309,50511 annually as shown on Exhibit A attached hereto and incorporated as if fully set forth herein The expenditure of additional settlement funds shall require approval by the Johnston County Board of Commissioners pursuant to the terms of the MOA 5 The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records to satisfy the requirements of the State of North Carolina and the Memorandum of Agreement 6 The Finance Officer is hereby directed to report the financial status of the settlement funds in accordance with the Memorandum of Agreement This the 6th day of September , 2022 7 Parks , Greenways , and Open Space Coordinator – Neuse River Trail Feasibility Study Parks , Greenways , and Open Space Coordinator , Adrian O’Neal introduced McAdams Consultants Graham Bruns and Kathryn Zeringue for the presentation of the Neuse River Trail Feasibility Study He stated the Neuse River Trail is a connector trail between Clayton and Smithfield Page490 September 6 , 2022 – 10 00 am Continued Ms Zeringue began the presentation by stating the project is a 16 - mile corridor in Johnston County connecting existing greenways between Clayton and Smithfield She stated an existing conditions analysis , including field work and GIS data analysis , was performed and in early spring the different routes along the Neuse River Corridor were reviewed to determine a proposed alignment along the trail She stated in late spring , recommendations were developed from public input and over the summer , the implementation strategy and final alignment for the corridor was developed She reviewed the following information with the Board Page591 September 6 , 2022 – 10 00 am ContinuedPage692 September 6 , 2022 – 10 00 am ContinuedPage793 September 6 , 2022 – 10 00 am ContinuedPage894 September 6 , 2022 – 10 00 am Continued Mr Bruns shared the evaluation criteria and recommendations with the Board He stated there is a recommended route along with several additional routes that time and opportunities will play a role in developing He spoke on the various types of trails that could be utilized as well as the public input gathered during the study Page995 September 6 , 2022 – 10 00 am ContinuedPage096 September 6 , 2022 – 10 00 am ContinuedPage197 September 6 , 2022 – 10 00 am Continued Ms Zeringue highlighted the trail amenity guidance for the corridor and shared the implementation overview with the Board She stated an action plan has been developed to include key partners and roles , identified as follows Johnston County ; Upper Coastal Plain Rural Planning Organization ; Municipalities ; Non - Profit Partners ; Private Sector ; NCDOT ; and NC State Parks She shared the following information on the action plan Page298 September 6 , 2022 – 10 00 am ContinuedPage399 September 6 , 2022 – 10 00 am ContinuedPage4100 September 6 , 2022 – 10 00 am ContinuedPage5101 September 6 , 2022 – 10 00 am Continued Ms Zeringue stated the next steps include presenting the information to the Upper Coastal Plain Rural Planning Organization on September 14 , 2022 and the working groups will move forward on the action items She thanked the partners that assisted throughout the entire process The consultants shared their contact information Page6102 September 6 , 2022 – 10 00 am ContinuedPage7103 September 6 , 2022 – 10 00 am Continued Commissioner Richard D Braswell stated he is a proponent for greenways , but he does not envision a greenway beside a major highway Chairman RS “ Butch ” Lawter , Jr noted this is a snapshot in time , and it is the hope that more trail would be along the river as progress continues Mr Bruns agreed but noted that property owners and obtaining easements is the issue She stated there are 120 property owners along the river where easements would be needed and with the preferred route , it fulfills a no condemnation rule At the inquiry of Chairman Lawter , Ms Zeringue stated there was excellent community participation , during the study process and it exceeded expectations Mr Bruns noted there would be coordination with the railroad once grant funding is achieved to make sure crossings are safe Chairman Lawter asked about the cost Mr Bruns stated the formula used assumes purchasing land at tax value He noted that because they are uncertain of who would be willing to donate property , there must be an assumption of purchase Mr O’Neal thanked the Board for listening to the presentation from McAdams He introduced Austin Cross as the new Grants Administrator for the department He stated the County is fortunate to have Mr Cross back as he was one of the interns from North Carolina State University that previously worked with the County Mr O’Neal requested the Board to take the study under advisement for adoption consideration at the September 19 , 2022 meeting 8 Public Utilities – Resolutions for Proposed Funding Applications Utilities Director Chandra Farmer , PE , reported the deadline to apply for the Fall 2022 round of loan and grant assistance administered through the NCDEQ Division of Infrastructure is September 30 , 2022 She stated applications that were not funded in the Spring 2022 round will be automatically reconsidered The County previously submitted applications for the following projects No Project Name Description Status Wastewater Treatment Plant Expansion New 1 210 WWTF 4 MGD Expansion 40 MGD Treatment Facility on County Home Unfunded Road Central Johnston County Regional Preliminary treatment and SCADA 2 Wastewater Treatment Facility improvements at the existing wastewater Unfunded CJCRWWTF Improvements treatment facilityPage8104 September 6 , 2022 – 10 00 am Continued Timothy G Broome TGB Water Water Treatment Plant Expansion from 140 to 3 Treatment Plant 14 – 18 MGD Unfunded 180 MGD Expansion Asset Management & Construction Initiation and implementation of asset manage Maintenance Management System and construction maintenance management 4 Funded CMMS Initiation at the software at the existing wastewater and water CJCRWWTF and TGB WTP treatment plants Water Supply Improvements to the Upgrades to suction pipelines and the existing 5 Cleveland 1010 Booster Pump booster station to increase water supply Unfunded Station capacity available to the station Ms Farmer stated staff recommends the County submit the following additional funding applications for the Fall 2022 round No Project Name Project Description Upgrades to the existing Four Oaks WWPS Equalization Facility , Holt Lake WWPS Force Four Oaks , Holt Lake & Neuse River WW 6 Main and Neuse River WWPS Force Main in order to Transmission Improvements transmit future additional flows received from the Town of Four Oaks to the County’s Treatment Facility Replacement of existing ductile iron sections of the Four Oaks to Benson Force Main Repair and 7 force main along US 301 from Four Oaks to Benson , Replacement due to repeated material failures Ms Farmer stated the previously approved 2022 Water and Sewer Capital Improvements Plan includes all of the proposed projects Ms Farmer requested the Board’s consideration of resolutions authorizing the submission of the new loan applications and designating signatory authority to Rick J Hester , County Manager Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Tony Braswell , and carried unanimously , the Board adopted the following resolutions authorizing the submission of new loan applications and designating signatory authority to Rick J Hester , County Manager , for the Four Oaks , Holt Lake & Neuse River WW Transmission Improvements and Four Oaks to Benson Force Main Repair and Replacements projects , as follows RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , Johnston County has need for and intends to construct , plan for , or conduct a study in a project described as Four Oaks , Holt Lake , & Neuse River WW Transmission Improvements , and WHEREAS , Johnston County intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the Johnston County to make a scheduled repayment of the loan , to withhold from the Johnston County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan If applying for a regional project , that the Applicant will partner and work with other units of local government or utilities in conducting the project , including the Town of Four Oaks That the County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above Page9105 September 6 , 2022 – 10 00 am Continued That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 6 day of September 2022 at Smithfield , North Carolina RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , Johnston County has need for and intends to construct , plan for , or conduct a study in a project described as Four Oaks to Benson Force Main Repair and Replacement , and WHEREAS , Johnston County intends to request State loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the Johnston County to make a scheduled repayment of the loan , to withhold from the Johnston County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan If applying for a regional project , that the Applicant will partner and work with other units of local government or utilities in conducting the project , including the Town of Four Oaks That the County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the study of or construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 6 day of September 2022 at Smithfield , North Carolina 9 Public Utilities – Proposed Bulk Water Purchase Agreement with Aqua North Carolina , Inc Utilities Director Chandra Farmer , PE , reported the Town of Archer Lodge approved a proposed subdivision 36 single - family lots on NC PIN 1689 - 17 - 2430 on Castleberry Road She stated the property is located within the Archer Lodge Town Limits and the Archer Lodge Water District Furthermore , there is a prior agreement between River Dell Company Flowers Plantation and the property owner related to sewer service to the parcel Ms Farmer stated under the agreement , Aqua North Carolina is obligated to provide sewer service to the parcel through their Flowers Plantation system Ms Farmer stated since Aqua NC is required to provide sewer service , the same utility should provide retail water service Ms Farmer stated the County has an existing three - party bulk water agreement with Aqua NC formerly Heater Utilities , Inc and River Dell Company for service to Flowers Plantation However , staff recommends a new agreement between Johnston County and Aqua NC in order for the County to provide bulk water service to Aqua to serve this additional parcel Ms Farmer reported the proposed agreement includes the following key components • The County will provide bulk water supply to Aqua for the Castlewood Subdivision 36 single - family residential lots • Aqua will purchase water capacity 6,480 gallons from the County at the bulk rate adopted by the Board of Commissioners at the time of payment • Aqua will install or require a new master meter to be installed at the proposed Castlewood Subdivision water connection on Castleberry Road Page0106 September 6 , 2022 – 10 00 am Continued • Aqua will pay the County monthly commodity charges as billed by the County The agreement term is for 10 years with four automatic renewal periods Ms Farmer requested the Board’s consideration of the proposed bulk water purchase agreement and offered to answer any questions Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved the following “ Bulk Water Purchase Agreement between Johnston County and Aqua North Carolina , Inc – Castlewood Subdivision ” BULK WATER PURCHASE AGREEMENT BETWEEN JOHNSTON COUNTY AND AQUA NORTH CAROLINA , INC CASTLEWOOD SUDIVISION THIS AGREEMENT , made and entered into this day of , 2022 , by and between JOHNSTON COUNTY hereinafter referred to as County , and AQUA NORTH CAROLINA , INC , hereinafter referred to as AQUA , is for the sale by the County and purchase by AQUA of bulk water supply The County and AQUA are hereinafter referred to collectively as the Parties and this Bulk Water Purchase Agreement between Johnston County and Aqua North Carolina , Inc is hereinafter referred to as the Agreement WITNESSETH WHEREAS , County desires to sell bulk potable water to AQUA , and AQUA desires to purchase bulk potable water from County ; and WHEREAS , AQUA desires to be the retail water provider and to operate the water distribution system for the proposed Castlewood Subdivision NC PIN 168900 - 17 - 2430 WHEREAS , AQUA desires to enter into a Bulk Water Purchase Contract with County to purchase potable bulk water for Castlewood Subdivision , which AQUA would then resell as a public utility under the jurisdiction of the North Carolina Utilities Commission , to customers who are located with the subdivision WHEREAS , the Parties desire to set forth herein their mutual understanding of the terms under which the County will sell AQUA bulk potable treated water and AQUA will purchase from the County bulk potable treated water NOW , THEREFORE , subject to the terms and conditions herein , for and in consideration of the mutual promises , powers and duties hereinafter set forth to be performed by each , the sufficiency of which are acknowledged by the Parties , and intending to be legally bound hereby , the County and AQUA mutually do agree as follows 1 COUNTY AGREES AS FOLLOWS a Water Supply The County agrees to supply bulk potable treated water to the Castlewood Subdivision for thirty - six 36 single family residential units The County will charge AQUA an initial capacity fee for 6,480 gallons per day “ gpd ” , which is the estimated total average daily amount of water needed to service the Castlewood Subdivision based on 180 gpd water usage by each of the 36 single family residential units However the average daily water usage for purposes of this agreement is defined as the total water used by AQUA over a one - year period divided by 365 hereinafter the ” Average Daily Water Usage ” , and the County will recalculate the Average Daily Water Usage annually based on AQUA’s usage for each fiscal year of July 1 through June 30 , starting with the first July 1 after AQUA begins receiving water pursuant to this Agreement If the Average Daily Water Usage exceeds 6,480 gallons per day in any fiscal year , the County shall notify AQUA and AQUA shall purchase capacity for the additional water from the County The initial capacity fee and any additional recalculated Average Daily Water Usage shall be paid as provided in Paragraph 2 a herein b Connection The County shall provide the water to Castlewood Subdivision by connecting to a master water meter as further provided in Paragraph 2 d herein c Quality of Water The County will make reasonable efforts to provide water to AQUA meeting the requirements of the US Environmental Protection Agency and to sustain delivery without interruption ; provided , however , that the delivery rate , continuity of supply or water quality may be affected by events beyond the control of the County , including , but not limited to , force majeure , emergencies , mechanical breakdowns , and power outages , and the County shall not be liable for effects on delivery rate , continuity of supply or water quality caused by such events d Uniform Bulk Users Terms and Conditions The County agrees that AQUA shall be subject to the same terms and conditions of service as all bulk water users connected to the Countys water system , including , but not limited to , all cities , towns , water districts and regulated utilities , as such terms and conditions shall be set out in the Countys Bulk Water Sales Agreement established by the County’s Board of Commissioners as it may be amended from time - to - time 2 AQUA AGREES AS FOLLOWS a Capacity Charge and Initial Average Daily Usage AQUA agrees to pay a capacity charge in the amount effective and adopted by the Board of Commissioners at the time of payment thePage1107 September 6 , 2022 – 10 00 am Continued Capacity Charge The Capacity Charge is currently 700 per gallon for Average Daily Water Usage and may be changed from time - to - time at the Board’s sole discretion The initial estimated capacity fee for 6,480 gpd shall be due at the time of recordation of the lot or lots on which a residential unit or units are located , and AQUA shall pay any additional capacity fees for Average Daily Water Usage as recalculated at the end of a fiscal year within fifteen 15 days of receipt of an invoice showing the amount of the additional capacity fee and the basis for its calculation b Commodity Charge AQUA shall pay to the County a monthly commodity charge as established by the County the Commodity Charge for water used pursuant to this Agreement within fifteen 15 days from the date of monthly invoice for the water The commodity charge is subject to adjustment from time to time by the Board of Commissioners of County As of the date of this Agreement , the Commodity Charge is 302 1,000 gallons used c Base Charge AQUA shall pay a fixed charge the Base Charge to the County within fifteen 15 days of receipt of an invoice The Base Charge is the estimated fixed cost of providing service to a bulk user based on the amount of usage The initial Base Charge , as set forth by County is 10000 per month The base charge is subject to adjustment from time - to - time by the Board of Commissioners of County d Master Meter AQUA shall install or have installed a master meter at the entrance to Castlewood Subdivision at a location approved by the County The master meter shall meet County standards and specifications AQUA shall convey to County , at no cost to County , either by fee simple ownership deed or by perpetual easement acceptable to County the site of the master meter e Castlewood Subdivision Water Distribution System AQUA shall be responsible to design , permit , construct , maintain , repair and operate the water distribution system within Castlewood Subdivision under AQUAs North Carolina Public Water System “ NC PWS ” number 03 - 51 - 195 f Construction Standards All new water distribution facilities within Castlewood Subdivision , which shall be supplied water by the County pursuant to this Agreement , shall be constructed to the Countys utility design standards 3 ADDITIONAL COVENANTS AND AGREEMENTS a Emergency Operator AQUA is a utility company regulated by the North Carolina Utilities Commission hereinafter the Commission For the term of this Agreement , if the Commission declares an emergency in the service area provided by AQUA , the County shall become the emergency operator , and the County will operate and maintain the system and shall be compensated at its then prevailing retail fees In the event any such fees are not paid , it is agreed that a lien in the amount of the unpaid fees shall be placed against the water system infrastructure The term of emergency operations shall be one year and shall be renewable in one - year periods subject to the written consent of the County In the event of continued non - payment of any fees for a period of three 3 years , the water lines , services and appurtenant equipment and all easements shall be deeded to the County at no cost b Service Area The area served by AQUA and subject to this Agreement Service Area shall be that property shown on Exhibit A attached hereto and incorporated herein c Resale of Purchased Water AQUA may not resell water purchased pursuant to this Agreement without written authorization from the County d Inspections AQUA shall permit periodic inspections of the Castlewood Subdivision water supply system by the County to ensure compliance with State Plumbing Codes and County Utility standards and specifications e Terms This Agreement shall become effective on the date first shown and shall be for a term of ten 10 years At the expiration of the initial ten - year period and upon the expiration of each of four ten - year renewal periods thereafter , this Agreement shall renew automatically for ten 10 years ; provided that if either party materially breaches any term of this Agreement and fails to cure said breach after written notice thereof , then the non - breaching party may terminate this Agreement by written notice given at least one year prior to the effective date of termination No other right of termination shall exist with respect to this Agreement 4 GENERAL PROVISIONS a Notices Any notices required to be given by the Agreement shall be deemed to have been sufficiently given only if in writing and mailed by certified mail , postage prepaid , addressed as follows Johnston County Aqua North Carolina , Inc Attn County Manager Attn Johnston County Courthouse 202 MacKenan Court PO Drawer 4889 212 Market Street PO Box 1049 Cary , NC 27511 Smithfield , NC 27577 b Regulations Both Parties ’ obligations hereunder shall be subject to such restrictions , limitations and prohibitions , as may be applicable , as a result of contracts or agreements with , or lawful rules and regulations promulgated by , any State or Federal Department or Agency having jurisdiction over a party , and the operation of its respective wastewater systems c Limitation of Liability and No Third - Party Rights This Agreement does not and is not intended to confer any rights or remedies upon any person other than the signatories , and no partyPage2108 September 6 , 2022 – 10 00 am Continued hereto shall be liable under this Agreement to any third party Neither Party shall be liable for failures of the facilities of the other party that are subject to this Agreement d Force Majeure It shall not be considered a breach of this contract and neither Party shall be responsible for an inability to perform or any delays , damages , costs , expenses , liabilities or other consequences that may arise as a result of force majeure A “ force majeure ” is defined as any event arising from causes beyond the reasonable control of AQUA or County , including but not limited to fire , flood , acts of God , terrorism , war , natural disaster , tornado , hurricane , civil strikes or labor disputes , riots , system failure , broken pipes , or other actions causing an inability to perform beyond the reasonable control of AQUA or County A failure to perform due to a force majeure shall be remedied with all possible dispatch but shall not constitute a breach so long as such remedy is diligently being pursued e Unenforceability If any provision of this Agreement is held to be illegal , invalid or unenforceable under any present or future laws , such provision shall be severable , and the remainder of this Interlocal Agreement shall continue in full force an effect f Failure to Enforce The failure of either Party to enforce at any time any of the provisions of this Agreement , or to require performance of any of the provisions hereof , shall not be construed as a waiver of such provisions , nor affect the validity of this Agreement or any Party hereto , or affect the right of such Party thereafter to enforce each and every such provision g Headings The descriptive headings of the various sections of this Agreement are inserted for convenience only and shall not restrict or modify the terms and provisions hereof h Transfer or Assignment Neither AQUA nor the County may assign its rights or obligations under this Agreement , or sub - contract any part of this Agreement , without prior written approval from the other party i Mediation Any claim , dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equita