May 7, 2012 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 798 Meeting of the Johnston County Board of Commissioners May 7 , 2012 10 00 am The Johnston County Board of Commissioners met in regular session Monday , May 7 , 2012 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , DeVan Barbour , and Tony Braswell Absent W Ray Woodall Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer J Chad McLamb , and County Attorney David F Mills Chairman Allen L Mims , Jr called the meeting to order at 10 00 am Commissioner Cookie Pope opened the meeting with a prayer Commissioner Wade M Stewart led those in attendance in the pledge of allegiance to the American flag 1 Portrait Presentation of Former Johnston County Commissioner Riley Melvin Pleasants The Board recognized former Johnston County Commissioner Riley Melvin Pleasants and presented a framed portrait to his family , which will be displayed in the County Administration Office along with other former County Commissioners Mr Pleasants served on the Board of Commissioners from 1932 until 1934 and again from 1936 until 1948 Chairman Allen L Mims , Jr read a resolution that was passed by the Board of Commissioners on July 5 , 1966 in memory of Mr Pleasants who passed away on July 3 , 1966 Mr John Roderick , grandson of Mr Pleasants , thanked the Board for remembering his grandfather and he shared memories of Mr Pleasants with the Board Mr Roderick stated that Mr Pleasants was a good man and he enjoyed serving the people Mr Roderick introduced family members Ray Stephenson , Gary Stephenson , and Dr John Pleasants in attendance The Board thanked the family for sharing the photograph so it could be added along with other former County Commissioners 2 Approval Discussion of Agenda Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the agenda as presented 3 Consent Agenda Items Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – April 2 , 2012 10 00 am and 6 00 pm ; April 2 , 2012 Annual Work Session B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Macadamia Lane – Maplewood Run Subdivision – Section 2 – Smithfield Township Best Wood Drive – North Tech Park Subdivision – Section 2 – Clayton Township C Call for Public Hearing – Proposed County Budget for FY 2012 - 2013 The Board scheduled a public hearing for the June 4 , 2012 10 00 am meeting on the proposed budget for FY 2012 - 2013 Page799 May 7 , 2012 – 10 00 am Continued D Call for Public Hearing – Ordinance Amendment – Section 102 Franchise Required The Board scheduled a public hearing for the June 4 , 2012 10 00 am meeting to allow public comment on a proposed ordinance amendment to Section 102 – Emergency Medical Services Franchise Required E Tax Releases & Refunds – 3 16 2012 – 4 15 2012 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2011 1107 - 256668 1104 - 262745 TORRENCE , MARIANNE PETERSON Overpayment 18054 2011 1112 - 322634 1109 - 334679 FRANCIS , SARAH REBECCA Tag Surrender 10154 2011 1108 - 263783 1105 - 277670 CORBITT , PAUL GRANT Overpayment 22665 2011 1201 - 332886 1110 - 351874 REVILLE , MICHAEL BENJAMIN Release 22219 2011 1111 - 308709 1108 - 320991 BAROODY , SHANNON ELIZABETH Tag Surrender 25362 2011 1201 - 336069 1110 - 348583 PRESTON , TOSHIKO MUNDY Release 11509 2011 1201 - 332816 1110 - 347853 PRESTON , PATRICK BOUVEA Release 14889 2010 1102 - 190505 1011 - 195106 RAYNOR , RICHARD DANIEL Overpayment 14835 2011 1109 - 279995 1106 - 293265 WILKES , LINDA RUTH Overpayment 12993 2011 1203 - 361752 1112 - 375597 THE SALVATION ARMY Release 39893 2011 1203 - 361751 1112 - 375144 THE SALVATION ARMY Release 29281 2011 1203 - 359279 1112 - 371861 BEAL , JOHN D Release 15487 2011 1203 - 358571 1112 - 370294 BATTEN , HUNTER GRAY Release 18710 2011 1201 - 335824 1110 - 351390 HELMES , MICHELLE ANN Overpayment 23338 2011 1109 - 283573 1106 - 294869 COPADO , TOBIAS LICEA Overpayment 13617 2011 1109 - 286889 1106 - 285573 KELLY , III , CECIL ALLEN Overpayment 11063 2011 1201 - 338126 1110 - 348655 MCPHATTER , TEO WHITFIELD Overpayment 24600 2011 1111 - 304186 1108 - 319367 JOHNSON , LAVERNE ANN Release 11620 2011 1201 - 333247 1110 - 349647 UPCHURCH , GARY LEE Tag Surrender 12895 2011 1202 - 349310 1111 - 353433 THOMAS , RICHARD WAYNE Release 15138 2011 1202 - 347161 1111 - 363236 MUNDY , DAVID WAYNE Release 17729 2011 1109 - 276971 1106 - 294305 STEWART , JAMIE LYN Overpayment 18268 2011 1111 - 305672 1108 - 324466 FEDERICO , JR , KENNETH ANDREA Overpayment 19819 2011 1109 - 283004 1106 - 289915 LAWLER , PHILIP MARK Overpayment 11900 2011 1203 - 353881 1112 - 372532 COLLINS , CASEY JAMES Release 11574 2011 1203 - 355144 1112 - 371643 PREVATTE , MARY ELIZABETH Release 14093 2010 1105 - 228594 1102 - 233802 HERNANDEZ , ARTURO VASQUEZ Overpayment 15522 2011 1109 - 287825 1106 - 291739 COOKE , TIMOTHY ALLEN Overpayment 12405 2011 1201 - 339796 1110 - 342291 TOOMBS , BRIAN ANDREW Overpayment 19324 2011 1110 - 301308 1107 - 307486 TOOMBS , KATHLEEN MURPHY Overpayment 17719 2011 1111 - 310481 1108 - 324183 HICKEY , PAUL VINCENT Overpayment 14732 2011 1111 - 310482 1108 - 324247 HICKEY , PAUL VINCENT Overpayment 14193 2011 1111 - 314416 1108 - 326571 HARRIS , SOPHIA MARIA Overpayment 12034 2011 1201 - 341278 1110 - 349351 PHILLIPS , WILLIAM ELDON Release 13490 2011 1203 - 363232 1101 - 388941 VINYARD , MICHAEL JAMES Release 27019 2011 1203 - 362235 1112 - 372957 CAREY , SUSANNE ELIZABETH Release 17548 2011 1201 - 330198 1110 - 342309 ARNETT , ROBERT LEE Overpayment 14415 2011 1108 - 268496 1105 - 280076 AIKIN , KENNETH HAROLD Overpayment 21952 2011 1112 - 325796 1109 - 330607 CORBETT , JR , HAROLD TEW Overpayment 11558 2011 1203 - 363132 1112 - 375508 ELLIS , JR , HOWARD MCDONALD Release 18675 2011 1108 - 270644 1105 - 268964 ORMONDS OIL & GAS , INC Release 15747 2011 1108 - 273764 1105 - 278776 WOODALL , BRIAN KEITH Overpayment 20306 Page800 May 7 , 2012 – 10 00 am Continued 2011 1112 - 326707 1109 - 327896 BADGER , MARCUS LEON Overpayment 10405 2011 1111 - 305099 1108 - 325417 BOLEN , HOWARD BRETT Overpayment 28000 2011 1112 - 322826 1109 - 337393 JONES , EMILY WALL Release 23649 2011 1109 - 280570 1106 - 292851 JOHNSON , JENNIFER Overpayment 10000 2011 1110 - 291683 1107 - 309826 CULLISON , JEFFREY DAVID Release 13239 2011 1110 - 301192 1107 - 306174 SNEAD , RACHEL ELAINE Overpayment 16731 2011 1112 - 324204 1109 - 331880 STRITZEL , THOMAS BRYAN Overpayment 10663 2011 1111 - 306476 1108 - 326635 MCCABE , JR , EUGENE FRANKLIN Overpayment 13351 2011 1203 - 363243 1105 - 268964 ORMONDS OIL & GAS , INC Overpayment 12924 2011 1203 - 363243 1105 - 268964 ORMONDS OIL & GAS , INC Void Refund 12924 2010 1103 - 198339 1012 - 208369 WATERS , CYNTHIA KAY Overpayment 11087 2011 1112 - 325649 1109 - 330078 BAREFOOT , MICHAEL BRAXTON Overpayment 11212 2011 1203 - 356879 1112 - 372662 DOOLITTLE , DEBRA M Release 17261 2011 1203 - 356880 1112 - 373037 DOOLITTLE , DEBRA M Release 14117 2010 1103 - 208774 1012 - 209267 DAIMLER TRUST Tag Surrender 57722 2011 1201 - 332787 1110 - 347280 PITT , TIMOTHY Overpayment 16340 2011 1110 - 291937 1107 - 302922 FIERRO , BARBARA GUERRERO Overpayment 14256 2011 1108 - 265636 1105 - 277562 SINGLETARY , BRETT WAYNE Overpayment 13462 2011 1203 - 361574 1112 - 375637 RD BRASWELL CONSTRUCTION CO Overpayment 52915 2011 1203 - 356130 1112 - 365097 JOHNSON , III , HENRY MYRON Release 29299 2011 1112 - 326088 1109 - 336192 JOHNSON , DAVID RUFFIN Release 10519 2011 1203 - 357263 1112 - 376005 MILROY , STEVEN L Release 18513 2010 1012 - 166665 1009 - 170128 MORRIS , DONNA RICHARDSON Release 13159 2011 1202 - 346330 1111 - 358610 PINKUS , SANDI BRIDWELL Overpayment 16552 2011 1202 - 342921 1111 - 361505 BRYANT , AMOS EUGENE Overpayment 10812 2011 1201 - 330741 1110 - 346946 MCGEE , RODDY KEN Overpayment 16059 2011 1201 - 332802 1110 - 350274 POOLE , PAMELA LANE Overpayment 14060 2011 1108 - 265636 1105 - 277562 SINGLETARY , BRETT WAYNE Overpayment 57548 2011 1110 - 292288 1107 - 304661 HONEYBLUE , GLENDA BONNER Overpayment 24471 2011 1111 - 305672 1108 - 324466 FEDERICO , JR , KENNETH ANDREA Overpayment 18551 2011 1109 - 283256 1106 - 293521 SELLERS , EMMA - RAE Overpayment 13650 2011 1204 - 368210 1201 - 384883 CARROLL , JAMES MICHAEL Release 22398 2011 1204 - 371515 1201 - 377028 CARMICHAEL , BEULAH MAE Release 23058 2011 1110 - 295255 1107 - 309723 FOREMAN , II , BOBBY DARNELL Overpayment 19218 2011 1204 - 370180 1201 - 382235 BRADBERRY , CHARLES DOUGLAS Release 23780 2011 1204 - 370181 1201 - 385474 BRADBERRY , CHARLES DOUGLAS Release 80319 2011 1202 - 347843 1111 - 363826 MONTGOMERY , LLOYD HENRY Release 10189 2011 1201 - 332201 1110 - 348652 JOHNSON , DAVID WALLACE Overpayment 10520 2011 1204 - 372730 1201 - 381403 DENNING , TONI MICHELLE DRAKE Release 17793 2011 1204 - 363884 1201 - 383829 CAPPS , WILLADEAN YOUNG Release 18146 2011 1204 - 373659 1201 - 388369 TARAN , LUKE JOSEPH Release 34980 2011 1201 - 334702 1110 - 343959 GREEN , WILLIAM ARTHUR Overpayment 17669 2011 1110 - 296614 1107 - 308916 GLASSFORD , WILLIAM ARTHUR Overpayment 18380 2011 1204 - 365282 1201 - 377568 DIXON , III , ROYAL HUNTER Release 16380 2011 1204 - 373385 1201 - 388437 PATE , LACEY DIANA Release 20859 2011 1201 - 331680 1110 - 352577 DESPORTE , TROY JOSEPH Release 15155 2011 1203 - 357242 1112 - 372503 MCGURRIN , DONALD LEO Overpayment 11492 2011 1109 - 286190 1106 - 294508 ADAMS , SHEILA HILL Overpayment 21819 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 19 2012 04 04 01 PM cfutch 2011 - 63847 2000061232 NORRIS , WANDA R 27709 3 29 2012 12 48 52 PM sgarner 2011 - 75432 2000113775 ROYAL , JANICE DODD 14472Page801 May 7 , 2012 – 10 00 am Continued 3 30 2012 10 45 01 AM aheath 2011 - 200987 2000161312 PADDILLA , YENNY CECILIA 71363 3 30 2012 10 50 08 AM aheath 2011 - 200988 2000161312 PADDILLA , YENNY CECILIA 44411 3 30 2012 11 52 11 AM cfutch 2011 - 8090 2000105424 BECKER , WILLIAM M PA + 16712 4 9 2012 08 18 43 AM sgarner 2012 - 200182 2000037691 JOHNSON , JOHN LELON 2,14297 4 9 2012 08 21 42 AM sgarner 2012 - 200183 2000037691 JOHNSON , JOHN LELON 1,56406 4 9 2012 08 23 35 AM sgarner 2012 - 200184 2000037691 JOHNSON , JOHN LELON 1,56406 4 9 2012 03 47 02 PM aheath 2011 - 35578 2000062766 HAMMONS , RONALD A & 10548 4 12 2012 02 06 16 PM cfutch 2008 - 16059 2000131229 CHAMPION , JASON C 17449 4 12 2012 02 14 24 PM cfutch 2009 - 16589 2000131229 CHAMPION , JASON C 17449 4 12 2012 02 17 32 PM cfutch 2010 - 16662 2000131229 CHAMPION , JASON C 17449 4 12 2012 02 23 07 PM cfutch 2011 - 16950 2000131229 CHAMPION , JASON C 34339 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 19 2012 04 06 29 PM cfutch 2011 - 63847 2000061232 NORRIS , WANDA R 27709 3 21 2012 01 22 09 PM jmorrow 2011 - 79667 2000084316 SMITH , LINDA KAYE 11946 3 26 2012 10 27 29 AM jmorrow 2008 - 81987 2000135286 SUTHERLAND , ROBERT WILLIAM 10668 3 27 2012 02 12 52 PM LOCKBOX 2011 - 30942 31503880 FULTON , HAZEL W 80896 3 29 2012 12 55 03 PM tgreen 2011 - 63408 2000127309 NICOL , SCOTT D 19000 3 30 2012 04 39 09 PM tgreen 2011 - 79831 2000033132 SMITH , RHODES C JR 20968 4 3 2012 02 17 56 PM LOCKBOX 2011 - 74622 76327480 ROGERS , JIMMY LENTZ 1,59239 4 3 2012 02 51 19 PM cfutch 2011 - 74621 76327481 ROGERS , JIMMY LENTZ 1,52200 4 4 2012 11 33 44 AM jdunn 2011 - 32106 2000062095 GILCHRIST , CLARICE & 21768 4 5 2012 10 49 42 AM tgreen 2011 - 40395 2000103320 HOOKS , FRENCHIE W LIFE ESTATE 10000 4 5 2012 02 28 42 PM tgreen 2011 - 19051 2000107673 CONNELL , CHRISTOPHER 11529 4 10 2012 03 46 41 PM tgreen 2011 - 78837 2000058248 SINCLAIR , BERRIN 22048 4 12 2012 02 06 29 PM cfutch 2008 - 16059 2000131229 CHAMPION , JASON C 17449 4 12 2012 02 14 37 PM cfutch 2009 - 16589 2000131229 CHAMPION , JASON C 17449 4 12 2012 02 17 48 PM cfutch 2010 - 16662 2000131229 CHAMPION , JASON C 17449 4 12 2012 02 23 25 PM cfutch 2011 - 16950 2000131229 CHAMPION , JASON C 34339 April 17 , 2012 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 3 16 12 to 4 15 12 Tax refunds - Personal Real Property 75124 Tax releases - Personal Real Property 43203 Motor Vehicle releases refunds 6,65466 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 4 Public Comments A Comments from Dennis Nielsen Dennis Nielsen , 9485 NC Hwy 39 , Middlesex , addressed the Board regarding his ongoing matter of trying to obtain a machine gun permit from the Johnston County Sheriff’s Office Mr Nielsen stated he began the process one year ago in an effort to obtain a permit for the protection of his business and for educational purposes Mr Nielsen reported he again requested a permit application in April from the Sheriff which was his seventh request Mr Nielsen stated he did not receive a response from the Sheriff , but rather from the Sheriff’s attorney , Ronnie Mitchell Mr Nielsen expressed his frustrations to the Board over the process and his dealings with the County Mr Nielsen questioned why the Sheriff is using an out - of - county attorney rather than an attorney located in Johnston County or County Attorney David Mills Mr Nielsen submitted the following documents to the Board • Letter dated May 7 , 2012 ; Subject Request for Public Records – Request for all County records for any payments made to Ronnie Mitchell , the Mitchell Law Group , or any firm , agency or other entity that Mr Mitchell has used ; • Letter dated May 7 , 2012 requesting Johnston County , through the Sheriff’s Office or without the Sheriff’s Office , to provide an application for a machine gun permit ; and • Letter dated May 7 , 2012 ; Notice of Demand – A demand for 185 from Johnston County to pay for the cost to destroy the firearm PagePage pageNumber5802 May 7 , 2012 – 10 00 am Continued Chairman Allen L Mims , Jr noted that Sheriff Steve Bizzell obtains his own legal representation and it is his understanding that Mr Mitchell is used because he is well versed in federal and state firearms laws County Attorney David Mills agreed and added that Mr Mitchell represents a number of Sheriffs across North Carolina 5 Recognition of Leadership Academy Graduates Human Resources Director Lu Hickey reported the Johnston County Leadership Academy has graduated the Spring 2012 class with thirteen County employees participating in the program The Leadership Academy classes are taught by members of the County staff on the workings and relationships of departments , and offers sessions on interpersonal relationships Ms Hickey recognized each graduate as follows Forest Alford – Social Services Brenda Guyton – Finance Elmer Archibald – Public Utilities Letitia Jones – Technology Services Amy Clifton – Inspections Kim Jones – Public Utilities Dennis Cooper – Technology Services Chris Perry – Emergency Services David Dolan – Emergency Services Billie Thornton – Public Utilities Jennifer Doll – Public Utilities Susan Watson - Woodard – Soil & Water Heather Gerrell – Inspections The Board congratulated the class on completing the program 6 Public Hearing – NC DOT – FY 12 - 13 Secondary Road Program Advertised – The Smithfield Herald – April 25 , 2012 ; Also Advertised in The Kenly News , The Clayton News - Star , and The Four Oaks - Benson News In Review The Chairman opened the public hearing and stated the purpose of the hearing is for representatives of the North Carolina Department of Transportation to present the 2012 - 2013 Secondary Road Construction Program Chris Pendergraph , District Engineer , with the North Carolina Department of Transportation DOT , appeared before the Board to present the proposed 2012 - 2013 Secondary Road Construction Program Mr Pendergraph presented the following information to the Board 2012 – 2013 North Carolina Department of Transportation Proposed Secondary Road Program Johnston County Anticipated Funding HWY 1,180,62216 Anticipated Funding TRUST 899,86711 TOTAL ANTICIPATED 2,080,48927 Map Number Priority Description Length Anticipated Cost 1 UAV RW Wellons Road – SR 1577 110 315,00000 From SR 1010 – End of State Maint 1 17 Lowell Mill Road – SR 2335 40 115,00000 From SR 2339 – SR 2339 2 18 Willow Road – SR 1228 From 013 50,00000 US 301 – Dead End 4 20 SR 1630 From SR 1517 to 013 50,00000 End State MaintenancePagePage pageNumber6803 May 7 , 2012 – 10 00 am Continued 5 21 Howard Road – SR 1937 030 100,00000 From SR 1938 to Dead End 6 23 Bottleneck Road – SR 2159 020 55,00000 From US 301 to Dead End 7 24 SR 2178 From SR 2159 to 020 55,00000 Dead End 8 25 North Kinsey Road – SR 030 100,00000 1250 From SR 1142 – Dead End 9 Widen SR 1343 – Packing 340 340,00000 Plant Road From SR 1341 – SR 1162 10 Construct Left Turn Lane and 400,00000 Improvements For Corinth Holders HS Preventative Maintenance 240,00000 Functions in Johnston County OTHER Description Anticipated Cost Contingency Fund Surveys , 100,00000 Right of Ways , Fire Dept Rescue Driveways and Overdrafts Maintenance fund allocation 150,00000 used to supplement the maintenance budget for activities such as shoulder repair , spot stabilization , pipe replacement , safety projects , industrial access , etc Summary of the 2012 - 2013 Program # Length Cost Homes # Businesses Total Unpaved 276 840,00000 11 1 Const Total Other n a 1,230,00000 n a n a Overall Total 276 2,070,00000 11 1 THIS PROGRAM IS SUBJECT TO AVAILABILITY OF FUNDING , RIGHT OF WAY , AND ENVIRONMENTAL REVIEW If Right of Way is unavailable on any of the above roads or if additional funding becomes available , the program will be continued in priority order Commissioner Tony Braswell asked how many unpaved roads would remain in the County after the FY 12 - 13 program is completed Mr Pendergraph reported there would be two unpaved roads remaining that have the available right - of - way after the FY 12 - 13 program is completed He clarified that there are seven other unpaved roads that at the present time do not have the available right - of - way Mr Pendergraph stated the DOT would continue to revisit those roads in an effort to obtain the right - of - way Chairman Allen L Mims , Jr asked what criteria the DOT considers when evaluating the unpaved roads PagePage pageNumber7804 May 7 , 2012 – 10 00 am Continued Mr Pendergraph responded the DOT looks at the number of homes ; number of businesses ; accessibility to schools , churches , recreational facilities , and or industries ; and if there are bridges to be maintained Commissioner Braswell questioned the Interstate 40 NC Hwy 42 area and asked for an update on traffic projects or traffic signals in that area Mr Pendergraph stated there are two large projects planned for the I - 40 NC 42 area ; one project to add some lanes off of the interchange at Hwy 242 ; and another project near the SR 1010 area that will add turn lanes and improve the interchange at SR 1010 Mr Pendergraph stated to his knowledge there are no plans for additional traffic signals at this time Commissioner Jeffrey P Carver asked about NC Hwy 42 East , noting he has observed survey stakes from Hwy 70 to the river Mr Pendergraph stated the contract to widen NC Hwy 42 East from Hwy 70 to Glen Laurel has been awarded and work will begin in the next month He stated there is also a Section B of that project that will widen the road from Glen Laurel to Buffalo Road at some point There being no further comments , the Chairman closed the public hearing Motion to Concur with the Secondary Road Program for 2012 - 2013 Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution concurring with the Secondary Road Program for 2012 - 2013 NC Department of Transportation Secondary Road Construction Programs 2012 - 2013 WHEREAS The Johnston County Board of Commissioners has received from the Department of Transportation the 2012 - 2013 Secondary Road Construction Programs 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 concurs with the requests of the North Carolina Department of Transportation to make the improvements on the roads listed on the Secondary Road Construction Programs for 2012 - 2013 th Adopted this the 7 day of May 2012 7 Johnston County Schools – 108 E Johnston Street , Smithfield Property Jimmy Lawrence , Attorney for Johnston County Schools , and Patrick Jacobs , Johnston County Schools Chief Operations Officer , addressed the Board Mr Jacobs explained that the Johnston County Board of Education has declared certain real property located at 108 E Johnston Street in Smithfield , no longer suitable or necessary for use Mr Jacobs reported that pursuant to NCGS 115C - 518 , the Board of Education must first offer the property to the Johnston County Board of Commissioners He requested the Board to decline the purchase of the property so the Board of Education can proceed with the sale of the property At the inquiry of Commissioner Tony Braswell , Mr Jacobs confirmed that they do have a prospective buyer Commissioner Jeffrey P Carver moved the Board decline to purchase the property owned by Johnston County Schools and located at 108 E Johnston Street in Smithfield Commissioner Tony Braswell seconded the motion which carried by unanimous vote 8 Juvenile Crime Prevention Council – Proposed Budget for FY 2012 - 2013 The Honorable Judge Addie Rawls , Juvenile Crime Prevention Council JCPC Chairperson , presentedPagePage pageNumber8805 May 7 , 2012 – 10 00 am Continued to the Board the Council’s proposed budget for FY 2012 – 2013 and requested its approval The State’s allocation for FY 2012 – 2013 is anticipated to be 251,231 , and the JCPC is requesting 39,000 from the County for the upcoming year Judge Rawls introduced fellow JCPC Board Members in attendance Steve Strickland and James Carter as well as Johnston County Youth Services Director Deborah Bolin Judge Rawls provided the Board with a background on the programs proposed to receive funding She thanked Finance Director Chad McLamb for his assistance to the Council Commissioner Jeffrey P Carver asked about the new teen court program Judge Rawls explained that the new teen court initiative is managed by Preparing to Soar and offers youths an opportunity to be judged by their peers She stated the program has applied for a Governors Crime Commission grant and received a favorable visit from the State Judge Rawls spoke on the success of the teen court and stated it is very rewarding to see a youth that has gone through the program as an offender and then return to serve on future juries to make decisions as it relates to their peers Commissioner Tony Braswell commended Judge Rawls for her continued work with today’s youth Commissioner Cookie Pope asked who would be a good contact to coordinate community service restitution opportunities , noting that the Celebrate Cleveland Committee has a need for help with cleaning up after events Judge Rawls reported that Deborah Bolin with Johnston County Youth Services could assist with this matter She also noted that Preparing to Soar has some components of community service opportunities through the teen court program Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the Juvenile Crime Prevention Council’s proposed budget for FY 2012 - 2013 ; and further approved the 39,000 County allocation request , pending the final adoption of the County budget for FY 2012 - 2013 9 911 - Communications – Award of Contract – Narrowband Paging Network Director of 911 - Communications Jason Barbour reported that a Request for Proposals for the Narrowband Paging Network Project was sent out with one response received from Communications International of Vero Beach , Florida Mission Critical Partners the County’s consultant on the project has reviewed the proposal submitted by Communications International along with staff and has successfully negotiated clarifications and adjustments to the proposed contract Mr Barbour stated staff recommends the Board award the contract for the Narrowband Paging Network Project to Communications International in the amount of 650,000 Mr Barbour explained the project is needed due to narrowbanding requirements imposed by the Federal Communications Commission for public safety agencies using the VHF band to notify fire and EMS units He noted that Commissioner Tony Braswell and County Manager Rick Hester have been working with staff on the project Mr Barbour stated the proposal by Communications International is to construct an analog and digital paging system for fire and EMS systems across the entire County He offered to answer any questions Commissioner Wade M Stewart asked would additional narrowbandings be needed again in the future Mr Barbour reported there is talk of another process that will be coming known as a “ very narrowbanding ” ; however , under the proposal by Communications International , the County will be ready for that next round of narrowbanding and will not have to build anything else Commissioner Tony Braswell asked Mr Barbour to share with the Board why the 911 monies cannot be used to fund the project Mr Barbour stated pursuant to General Statute language , it is prohibited to use 911 monies for radios , base stations , or antennas At the inquiry of Commissioner Cookie Pope , County Manager Rick Hester stated the money to fund the project would come from the General Fund and staff proposes to pay for the project over a three year period PagePage pageNumber9806 May 7 , 2012 – 10 00 am Continued Upon a question by Commissioner DeVan Barbour , Mr Barbour clarified that staff proposes to pay 100,000 towards the project from the FY 12 - 13 budget and finance the remainder over three years with the next payment due the following fiscal year Upon comments by Commissioner Braswell , Mr Barbour confirmed the coverage would be improved tremendously and should carry the way the County notifies fire and EMS well into the future Commissioner Jeffrey P Carver commented that out of all the companies that received the Request for Proposals , only one company responded He noted that the project has been imposed on all counties in North Carolina as well as all 50 States by the Federal Communications Commission and he asked how other counties are addressing the new regulations Mr Barbour stated some of the neighboring counties have already undertaken the narrowbanding process and other nearby counties are looking to see what Johnston County will do and potentially piggyback from Johnston County’s project Chairman Allen L Mims , Jr noted that staff had negotiated the contract price down approximately 130,000 Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Jeffrey P Carver , and carried unanimously , the Board approved the project and authorized Director of 911 - Communications Jason Barbour to award the contract to Communications International in the amount of 650,000 10 911 - Communications – Request Approval of MOU with Harnett County Director of 911 - Communications Jason Barbour requested the Board to approve a Memorandum of Understanding between Johnston County and Harnett County that would allow Harnett County the use of the Johnston County Backup 911 Center He noted that under the terms of the MOU , Johnston County would have first priority over the backup center at all times Harnett County would be responsible for purchasing any equipment to meet their demands and they have agreed to pay the monthly utilities for the backup center whether they use the facility or not Chairman Allen L Mims , Jr noted the utilities on the backup center are approximately 700 per month Commissioner Wade M Stewart moved the Board approve the following Memorandum of Understanding with Harnett County for the use of the Johnston County Backup 911 Center Commissioner Cookie Pope seconded the motion which carried by unanimous vote NORTH CAROLINA JOHNSTON COUNTY Memorandum of Understanding Between Johnston County and Harnett County This Memorandum of Understanding MOU made and entered into by and between Johnston County , North Carolina Johnston , and Harnett County , North Carolina Harnett WITNESSETH WHEREAS , Johnston and Harnett are both bodies corporate and politic existing pursuant to the laws of the State of North Carolina ; and WHEREAS , both Johnston and Harnett operate 911 emergency communications systems ; and WHEREAS , during times of natural disaster and other unpredictable events , a countys 911 communications system may be temporarily disabled ; and WHEREAS , Johnston has developed , funded , organized , and equipped a Backup 911 Communication Center Backup 911 Center which can be utilized immediately to receive and process 911 emergency calls in the event its primary emergency communications center is disabled ; and WHEREAS , Harnett desires also to maintain a Backup 911 Center , and recognizes the economy and benefits utilizing Johnstons Backup 911 Center ; and WHEREAS , the parties desire to set forth in this MOU the terms by which Harnett may utilize Johnstons Backup 911 Center for the benefit of the people of the Harnett County Now , therefore , in consideration of the terms , conditions , and covenants expressed herein , the parties agree as follows Page0807 May 7 , 2012 – 10 00 am Continued 1 Purpose of agreement 11 The purpose of this MOU is to establish a formal arrangement whereby Johnston makes available to Harnett its Backup 911 Center located on Highway 42 East , Clayton , North Carolina , for use by Harnett during such times as Harnett may experience failure to its primary 911 emergency call and dispatch center in exchange for and subject to the terms of this MOU 2 Term 21 Subject to the terms and conditions of this MOU , the term of this MOU shall commence upon execution and will continue for a period of three 3 years This agreement shall be automatically extended for an additional three year term unless one of the parties delivers a notice of intent to terminate at least 120 days prior to the expiration of the initial three year period 22 Either party may terminate this agreement upon a breach by the other party If either party desires to terminate this MOU based upon a breach , it shall deliver a notice of its intent to terminate to the other party by registered or certified mail Termination shall not become effective until 30 days after receipt of the notice of intent 3 Responsibilities of Johnston 31 Johnston agrees to make its Backup 911 Center available to Harnett 24 hours per day , 7 days per week , for Harnett to man and operate as its own Backup 911 Center in the event of failure , for whatever reason , of Harnetts primary 911 emergency call and dispatch center 32 Johnston agrees to maintain its Backup 911 Center and to keep it operational , functional , and as technologically up to date as is reasonable 33 Johnston shall provide keys or other methods of access to the Backup 911 Center to Harnett so that Harnett has access to the facility at all times 4 Responsibilities of Harnett 41 Harnett shall reimburse Johnston for all utility costs incurred at the Backup 911 Center each month , to include costs of electricity , water , and sewer Johnston shall promptly provide to Harnett , each month , a copy of the Backup 911 Centers utility statements Within 14 days of receipt , Harnett shall reimburse Johnston the full cost of such utilities This duty to reimburse Johnston shall be without regard to whether Harnett has actually utilized the Backup 911 Center 42 Harnett shall give to the Johnston 911 Director as much advance notice as is practicable under the then existing circumstances of its need and intent to operate the Backup 911 Center 43 Harnett will provide , at its expense , any and all such hardware , software , and any equipment or service of any kind that is required in order to make the Backup 911 Center compatible with Harnetts primary 911 emergency call and dispatch operations It will also be Harnetts sole responsibility to insure and maintain such additional hardware , software , and equipment 44 Harnett will hold Johnston harmless and indemnify Johnston from any and all claims which may arise out of or relate to Harnetts use of the Backup 911 Center 45 Harnett will indemnify Johnston for any damage to the Backup 911 Center to include the facility and all components thereof arising out of or relating to the acts or remissions by Harnett in the use of the Backup 911 Center 46 Harnett shall insure that its operations , hardware , software , and equipment do not in any way interfere with Johnstons 911 emergency communications operations 5 Priority 51 The parties acknowledge and agree that in the event that the Backup 911 Center is needed by both Johnston and Harnett at the same time , the parties shall act in good faith and use best efforts to share the use of the Backup 911 Center However , in the event that shared use is , for whatever reason , impossible or not reasonably practicable , Johnston shall have priority in the use of the Backup 911 Center , and Harnetts needs to the Backup 911 Center must be subordinated thereto 6 Amendment This agreement may not be modified or amended except by subsequent written modification approved and authorized by the governing boards of each party and signed by an authorized representative of each party 7 Entire Agreement This MOU contains the entire agreement between the parties , and no statement , oral or written , made by either party or agent of either party that is not contained in this written MOU shall be valid or binding 8 Remedies This MOU shall be enforceable by each party by all remedies available at law or in equity Failure or delay to exercise any right , remedy , or privilege hereunder shall not operate as a waiver of such right , remedy , or privilege , nor prevent subsequent enforcement 9 Duplicate Originals This agreement shall be executed by the parties in duplicate originals , each of which when executed shall constitute the same MOU Page1808 May 7 , 2012 – 10 00 am Continued IN WITNESS WHEREOF , this Memorandum of Understanding is adopted on this day of , 2012 11 Emergency Services – Approve and Accept Homeland Security Grant Award Emergency Management Coordinator Darrell Alford explained that the State of North Carolina is divided into nine Domestic Preparedness Regions DPR with Johnston County falling into DPR 6 along with eleven other counties He reported the Department of Homeland Security awards funds to be utilized within the regions , not on a County specific project , but as regional projects On April 9 , 2012 , Homeland Security awarded an additional 132,76822 to DPR 6 Mr Alford stated DPR 6 has the need for a portable generator that is large enough to supply shelters at high schools Along with the generator , six manual electric transfer switches are also needed He noted that Johnston County has been asked to manage the grant which means the County would house the generator and receive one transfer switch The equipment would allow the County to have one out of the 25 school facilities designated as a shelter that would be capable of having back up power The County’s only cost would be the labor needed to install the transfer switches , and Johnston County Schools has agreed to cover that cost Mr Alford reported Johnston County would be required to front the 132,76822 when the bids are awarded and will be reimbursed by Homeland Security Mr Alford stated staff hopes to piggyback from recent bid in Nash County Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved and accepted the Homeland Security Grant in the amount of 132,76822 to be used to purchase a portable generator along with manual electric transfer switches ; and further approved for Johnston County to manage the grant on behalf of Domestic Preparedness Region 6 12 Emergency Services – 2012 Proclamation for Emergency Medical Services Week EMS Division Chief Josh Holloman requested the Board to adopt a proclamation declaring the week of May 20 – 26 , 2012 as Emergency Medical Services Week in Johnston County Commissioner Jeffrey P Carver moved the Board adopt the following proclamation , seconded by Commissioner Wade M Stewart , and carried by unanimous vote Proclamation Emergency Medical Services Week May 20 - 26 , 2012 To designate the Week of May 20 - 26 , 2012 , as Emergency Medical Services Week WHEREAS , emergency medical services is a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day , seven days a week ; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury ; and WHEREAS , the emergency medical services system consists of emergency physicians , emergency medical technicians , paramedics , firefighters , educators , administrators , telecommunicators and others ; and WHEREAS , the members of emergency medical services teams , whether career or volunteer , engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills ; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week NOW , THEREFORE BE IT RESOLVED , that the Board of Commissioners of Johnston County , does hereby proclaim May 20 - 26 , 2012 as Emergency Medical Services Week in Johnston County , in recognition of this event th Adopted this the 7 day of May , 2012 13 Emergency Services – EMS System Update EMS Division Chief Josh Holloman provided the Board with an update on the Emergency Medical Services System He reviewed the following PowerPoint Presentation with the Board and noted it was also presented to the EMS Advisory Committee recently who felt the information was very useful and should be shared with the County Commissioners The presentation included information regarding the call volume , administrative accomplishments , clinical accomplishments , as well as plans for the future Mr Holloman highlighted the Benson Mule Days mass gathering event and reported this year , EMS worked with the local Trauma Committee to implement a field medical unit at the event that was utilized for minor injuries as opposed to ambulances having to transport minor injuries to the hospital Mr HollomanPage2809 May 7 , 2012 – 10 00 am Continued reported the field medical unit was held beside the Benson Fire Department and was a success The field medical unit had to be approved by the North Carolina Office of EMS that had representatives on site who were impressed with the operation Mr Holloman reported the field medical unit helped save seven hours of ambulance availability The Plan Johnston County EMS • Administrative Accomplishments 2011 EMS Report • Clinical Accomplishments • What The Future Holds Monday May 7 , 2012 2011 Administrative Accomplishments EMS System Call Volume 2010 - 2011 18700 • First responder dispatch protocols 18600 • Worked with 911 to train dispatchers EMD 18500 18400 • Mass gathering events Number of Calls - Mule Days 18300 18200 • Four Oaks EMS represented us at BLS competition 18100 • 50 - 210 EMS celebrated 20 years 18000 2010 2011 Clinical Accomplishments • Addition of peak load unit in Benson • Full scale exercise to determine needs for mass casualty – Helped with large increase of call volume in southern portion of response county • Multiple positive outcomes for heart attack , trauma and • Maintained 70 transports to local health system stroke patients • Maintained response time average of 9 44 • Responded to “ April tornados ” which was a county wide disaster • Cardiac arrest outcomes Cardiac Arrest Cardiac Arrest Survival 25 • New protocol 20 • Discontinuing more in the field 15 • Caring for family 2009 2010 10 2011 • Significant increase in survivors 5 0 2009 2010 2011Page3810 May 7 , 2012 – 10 00 am Continued What The Future Holds • Celebrate our success during EMS Week Johnston County EMS – May 24 , 2012 at 6 00 pm 2011 EMS Report • Expansion of Johnston County EMS • Continue to work with existing contract agencies • Crisis Intervention Team CIT • Continue excellent clinical care Monday May 7 , 2012 Mr Holloman spoke on cardiac arrest outcomes and noted that traditionally , cardiac arrest is something that is not survivable ; however , through education and changes in protocol , EMS is now seeing that cardiac arrests can be survived Mr Holloman stated EMS has implemented new protocols so that multiple units respond to cardiac arrest calls He stated EMS has recognized that cardiac arrest patients need to be treated on site because time is very important to the patient Mr Holloman added if efforts are unsuccessful , the paramedics are being trained to then shift their focus to caring for the families Mr Holloman continued that with the changes in protocol , EMS has seen a significant increase in survivors where those patients are sent back home to live normal lives He noted that in 2011 , twenty patients were saved versus two in 2009 and four in 2010 Mr Holloman stated the County EMS system will be expanding to accept the Princeton and Clayton EMS Units and will continue to work with the existing contracted agencies He invited the Board to attend the EMS Banquet to be held on May 24 , 2012 at 6 00 pm at Johnston Community College Upon a question by Commissioner Tony Braswell , Mr Holloman reported the first responder units that are located in the more populated areas of the County have seen significant increases in calls Commissioner Braswell spoke on the importance of the fire department first responder units and noted that funding pressures are a concern by the Fire Focus Group in that as calls for EMS have increased , so have calls for the first responder units Mr Holloman reported there has definitely been an increase in the call volume for the first responder units and that they provide a needed service The Board thanked Mr Holloman for the presentation 14 Public Utilities – Interlocal Agreement Amendment No 2 with Fuquay - Varina Assistant Director of Utilities Chandra Coats reported on June 30 , 2008 , Johnston County and the Town of Fuquay - Varina executed an interlocal agreement for water mains located in Wake County but owned , operated , and maintained by Johnston County The agreement states , “ Johnston County does not desire , or is it obligated to allow additional extensions of its mains in Wake County or to provide service along its mains in Wake County , other than as noted herein , except to assist in matters of public health and welfare and at the expressed written consent of Wake County or a municipality located within Wake County ” Ms Coats stated the property owner for 7608 Mount Pleasant Road has requested public water service and the property is located in Wake County , but fronts an existing water main , which is owned , operated , and maintained by Johnston County She noted the Town of Fuquay - Varina Board of Commissioners approved this request on April 17 , 2012 and staff now requests the Board to approve an “ Amendment No 2 ” to the interlocal agreement in order to provide water service to the property located at 7608 Mount Pleasant Road Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the following Amendment No 2 Amendment No 2 to Utility and Service Agreement Johnston County and the Town of Fuquay - Varina March 19 , 2012Page4811 May 7 , 2012 – 10 00 am Continued Johnston County , a body politic of the State of North Carolina , and the Town of Fuquay - Varina , a Wake County municipality , agree to amend the Utility and Service Agreement entered into on June 30 , 2008 , as follows Amend Exhibit A to include the following street address NCPIN # 1606305667 7608 Mount Pleasant Road one single family residential water service only In witness thereof , the parties hereto have executed this Agreement the day and year referenced above 15 Public Utilities – Reclaimed Water Expansion Budget Revision Assistant Director of Utilities Chandra Coats reported in preparation for the construction phase award of the County’s Reclaimed Water project , staff is requesting adjustments to the original capital project Fund 208586 for recognizing revenues received in 2009 from the Clean Water Management Trust Fund Grant program for the purposes of completing the acquisition of utility easements for the upcoming water line construction She requested the Board to approve the budget revision Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver , and carried unanimously , the Board approved the following budget revision REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85860406 Technical Services 22,17617 20 85865599 Easements 23,69864 TOTAL NET EXPENDITURES 45,87481 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 20 858637941 CWMTF Grant 51,99965 20 858633990 Fund Balance Appropriated 6,12500 20 858637900 Investment Income 016 TOTAL NET REVENUE 45,87481 16 Public Utilities – Award of Bid for Reclaimed Water System Improvements – Schedule A The Board reviewed the following bids , which were received on April 17 , 2012 for the Johnston County Reclaimed Water System Improvements – Schedule A project which consists of approximately 4,700 lf of 16 ” and 17,400 lf of 12 ” reclaimed water mains The project will supply reclaimed water to Johnston Community College , two lumber yards , and potential future users along the route Bids were received from 10 contractors , as follows Bidder License # Base Bid Sanford Contractors 6301 1,512,98618 TA Loving Company 325 1,552,96300 Sullivan Eastern 63673 1,555,41000 McArthur Construction Company 26822 1,656,48068 Hawley Construction 8826 1,691,29000 DeVere Construction Company , Inc 46097 1,712,37775 L - J , Inc 66302 1,776,57800 Buckeye Construction Co , Inc 23096 1,796,70020 Dellinger , Inc 5992 1,933,09500 Pipeline Utilities 13040 2,206,83550 Math error Corrected as shown Assistant Director of Utilities Chandra Coats , reported the bid advertisement and opening procedures were consistent with statutory requirements to the best of staff’s knowledge The lowest responsive bid was submitted by Sanford Contractors , Inc of Sanford , NC in the amount of 1,512,98618 Ms Coats explained the low bid exceeds the project budget ; therefore , staff recommends reducing the project scope through aPage5812 May 7 , 2012 – 10 00 am Continued Memorandum of Negotiation with Sanford Contractors , Inc based on the unit prices in the bid The reduced project scope will eliminate approximately 3,800 lf of 12 ” reclaimed water main and reclaimed water supply to one of the lumber yards With the project scope reduction , the proposed contract amount is 1,262,74475 Ms Coats stated Sanford Contractors , Inc is properly licensed and experienced in the type of construction involved and appears to have the financial , labor , and equipment resources required to complete the construction within the stipulated contract completion time She presented the following is a proposed project budget Construction 1,262,74475 Contingency 69,35525 Construction Administration Observation 47,90000 Grant and Loan Administration 5,00000 Legal Services 6,00000 SRF Loan Closing Fee 6,00000 Total Project Budget 1,397,00000 Funding for the project is proposed as follows Clean Water Management Trust Fund Grant 580,00000 NC Rural Center Grant 500,00000 NCDENR State Revolving Fund Loan 300,00000 Johnston County 17,00000 Total Funds 1,397,00000 Ms Coats reported funding for the project is being provided by a Clean Water Management Trust Fund Grant and a NC Rural Center Grant which the Board has previously approved and accepted She stated staff requests the Board to accept a NCDENR State Revolving Fund Loan in the amount of 300,000 at 0 interest for the project and Johnston County’s cost share in the amount of 17,000 would need to be appropriated from Fund 68 reserve Ms Coats stated staff recommends award of the Reclaimed Water System Improvements – Schedule A with the revised scope construction contract to Sanford Contractors , Inc in the negotiated amount of 1,262,74475 contingent upon acquisition of remaining easements and concurrence from the funding agencies Staff further recommends adoption of the capital project budget for the project as outlined above which includes the necessary fund appropriation in the amount of 17,000 and adoption of a resolution accepting the SRF Loan Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board took the following actions • Awarded the Reclaimed Water System Improvements – Schedule A project , with the revised scope construction contract , to Sanford Contractors , Inc in the negotiated amount of 1,262,74475 contingent upon acquisition of remaining easements and concurrence from the funding agencies ; • Adopted the capital project budget for the project as presented above which includes the necessary fund appropriation in the amount of 17,000 via adoption of the following Capital Project Ordinance and associated budget revision ; and • Adopted a resolution accepting the SRF Loan , following CAPITAL PROJECT ORDINANCE FOR RECLAIMED WATER SYSTEM PROJECT BE IT ORDAINED by the Board of Commissioners of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is the construction installation of approximately 18,700 linear feet of 6 - inch to 16 - inch reclaimed water distribution lines and equipment to serve Johnston Community College and area businesses and an expansion to the County’s reclaimed water distribution system the “ Project ” The Project is to be financed by a Clean Water State Revolving Fund loan , a Clean Water Partners Supplemental Grant from the North Carolina Rural Economic Development Center , Inc , a State of NC Clean Water Management Trust Fund grant and an appropriation from the County’s Wastewater Fund “ Fund 68 ” reserves Section 2 The officers of the County are hereby directed to proceed with the Project within the terms of the revolving loan agreement , both grant agreements , all related State and federal regulations and the budget contained herein Section 3 The following amounts are appropriated for the Project Construction 1,262,74475 Contingency 69,35525 Technical Services 52,90000 Loan Closing Fee 6,00000Page6813 May 7 , 2012 – 10 00 am Continued Legal and Professional Services 6,00000 Total 1,397,00000 Section 4 The following revenues are anticipated to be available to complete this Project Clean Water State Revolving Loan 300,00000 NC Rural Economic Dev Center Grant 500,00000 NC Clean Water Mgmt Trust Fund Grant 580,00000 Fund 68 Appropriation 17,00000 Total 1,397,00000 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy State and federal regulations , and the requirements of the Clean Water State Revolving Fund program , the North Carolina Rural Economic Development Center , Inc grant program , and the State of NC Clean Water Management Trust Fund grant program The terms of the respective loan and grant agreements shall be met Section 6 Funds may be advanced from Fund 68 for the purpose of making payments as due Reimbursement requests should be made to the loan and grantor agencies in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each Project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board , the Budget Officer and the Director of Finance for direction in carrying out this Project Amended this 7th day of May 2012 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 68 79009023 Transfer to Other Funds 17,00000 TOTAL NET EXPENDITURES 17,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 68 790033990 Fund Balance Appropriated 17,00000 TOTAL NET REVENUE 17,00000 RESOLUTION BY JOHNSTON COUNTY BOARD OF COMMISSIONERS STATE REVOLVING LOAN FOR RECLAIMED WATER SYSTEM IMPROVEMENTS PROJECT WHEREAS , the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works , wastewater collection systems , and water supply systems , water conservation projects , and WHEREAS , the North Carolina Department of Environment and Natural Resources has offered a State Revolving Loan in the amount of 300,000 for the construction of the Reclaimed Water System Improvements Project , and WHEREAS , Johnston County intends to construct said project in accordance with the approved plans and specifications , Now , therefore , be it resolved by the Johnston County Board of Commissioners Johnston County does hereby accept the State Revolving Loan offer of 300,000 That Johnston County does hereby give assurance to the North Carolina Department of Environment and Natural Resources that all items specified in the loan offer , Section II – Assurances will be adhered to That Rick J Hester , County Manager , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State and local laws , rules regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto th Adopted this the 7 day of May 2012 , at Smithfield , North Carolina 17 Budget Revisions Finance Director Chad McLamb requested the Board to approve the budget revisions presented in the agenda packet and offered to answer any questions Page7814 May 7 , 2012 – 10 00 am Continued Commissioner DeVan Barbour noted Budget Revision A for Education in the amount of 374,08300 to appropriate additional monies to Johnston County Schools per the Low Wealth Funding Formula for FY 2011 - 2012 and asked if staff had received any clarification on why the additional funding is needed Mr McLamb stated as staff understands there was a change in the Low Wealth Funding Formula which has prompted the need for additional funds County Manager Rick Hester reported staff had received a letter of request from Johnston County Schools but has not received any data on the formula or how it changed Commissioner Jeffrey P Carver suggested tabling the budget revision for Education to allow staff more time to gather additional clarification and details Commissioner Cookie Pope moved the Board table the Education budget revision and approve the following budget revisions , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote Emergency Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53554500 Contract Services 15,20000 TOTAL NET EXPENDITURES 15,20000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 535533099 Miscellaneous Revenue 15,20000 TOTAL NET REVENUE 15,20000 Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59101100 Telephone 2,25000 10 59101400 Travel 13,00000 10 59103300 Departmental Supplies 52000 10 59103200 Office Supplies 40000 10 59101110 Postage 1,20000 10 59100201 Longevity Pay 2,25000 TOTAL NET EXPENDITURES 19,62000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 591034155 Division of Public Health , DHHS 19,62000 TOTAL NET REVENUE 19,62000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 8400 10 51003100 Fuels 2,13933 10 51004300 Special Services 48560 10 51007414 Capital Outlay – Sheriff’s Special 4,75921 10 51007418 Capital Outlay – Drug Seizure 5,35158 TOTAL NET EXPENDITURES 12,81972 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 4,75921 10 510033099 Miscellaneous Revenue 2,70893 10 510035160 Federal Equitable Sharing 5,35158Page8815 May 7 , 2012 – 10 00 am Continued TOTAL NET REVENUE 12,81972 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51000200 Salaries & Wages 96400 10 51000400 Legal & Professional Fees 59800 10 51001700 Vehicles 52000 10 51002100 Equipment & Building Lease 1,00000 10 51007414 Capital Outlay – Sheriff’s Special 8,07500 10 51007418 Capital Outlay – Drug Seizure 6,93500 TOTAL NET EXPENDITURES 18,09200 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510035160 Federal Equitable Sharing 6,93500 10 510036119 Sale of Assets 8,07500 10 510036189 Sale of Unclaimed Property 3,08200 TOTAL NET REVENUE 18,09200 Social Services REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304519 CCDF Child Care 38,77025 10 61304586 Smart Start Day Care 38,77025 TOTAL NET EXPENDITURES 000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE TOTAL NET REVENUE REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001900 General Assistance 93500 10 61101909 Crisis 46500 10 61054500 Contract Services 77600 10 61304502 Adult Day Care 22500 10 61204516 In Home Aides DSS 6000 10 61504515 Program Expense 1,10900 10 61101917 LIEAP Program 20000 10 61001100 Telephone 3000 10 61001400 Travel 2000 10 61051700 Vehicles 1300 10 61003330 Foster Care Clothing 1,65300 10 61002111 Rent on Copy Machine 9900 10 61401906 State Foster Care 1,72200 10 61451906 State Foster Care 1,72200 10 61401905 IV - E Foster Care 28100 10 61451905 IV - E Foster Care 1,31400 10 61401902 State County Special Assistance 1,25900 10 61003200 Office Supplies 1500 TOTAL NET EXPENDITURES 11,89800Page9816 May 7 , 2012 – 10 00 am Continued REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 11,89800 TOTAL NET REVENUE 11,89800 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61054500 Contract Services 135,00000 TOTAL NET EXPENDITURES 135,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 614034122 Medicaid Transportation 135,00000 TOTAL NET REVENUE 135,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304519 CCDF Child Care 644,40300 TOTAL NET EXPENDITURES 644,40300 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 613034119 Child Day Care 644,40300 TOTAL NET REVENUE 644,40300 Special Appropriations REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 58556358 ROAP Grant 175,76000 10 58556366 Eleventh Judicial District , ReEntry 33,72000 10 58556363 Standing in the Gap Mentoring 10,77300 10 58556362 CB Youth Gang Violence Prevention 1,90800 TOTAL NET EXPENDITURES 222,16100 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 585534177 DOT ROAP Grant 189,81000 10 585534172 Governors Crime Commission 32,35100 TOTAL NET REVENUE 222,16100 18 Appointments Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board made the following appointment A Bentonville Fire Protection District Commission – Advertised in April Appointed William E Johnson for a two year term to expire on April 30 , 2014 19 Delinquent Tax Collection Report Tax Administrator Pat Goddard reported on the collection of delinquent taxes for the month of April 2012 She noted in addition to garnishments and bank attachments , eight foreclosure complaints were filed resulting in a collection of 13,92606 As of April 30 , 2012 , the Tax Department has collected 9852 of the real and personal levy for 2011 , and 8542 of the motor vehicle levy Through the NC State Debt Setoff Program , 1,289 accounts have been paid for a total of 140,06575 as of April 30 , 2012 The next foreclosure sale date is May 23 , 2012 Page0817 May 7 , 2012 – 10 00 am Continued Ms Goddard reported the Board of Equalization and Review convened for the 2012 Real Estate Appeals on April 24 , 2012 and the last day to appeal is May 8 , 2012 20 Manager Reports and Comments County Manager Rick Hester reported that staff is working on the final proposed FY 12 - 13 budget and it will be ready for submittal in approximately ten days 21 Board Reports and Comments Chairman Allen L Mims , Jr announced t