November 5, 2012 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 131 Meeting of the Johnston County Board of Commissioners November 5 , 2012 10 00 am The Johnston County Board of Commissioners met in regular session Monday , November 5 , 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 , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer J Chad McLamb , and County Attorney David F Mills Chairman Allen L Mims , Jr called the meeting to order at 10 00 am Commissioner W Ray Woodall opened the meeting with a prayer Commissioner Cookie Pope led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Chairman Allen L Mims , Jr called to everyone’s attention the consent agenda item for a resolution supporting the naming of a section of Interstate 95 in Smithfield in honor of Mr Dick Fleming who founded the first Carolina Pottery store along Interstate 95 in Johnston County which led to the development of other retail businesses in the area Chairman Mims recognized Mike Fleming , son of Dick Fleming , in the audience Mr Fleming expressed his family’s appreciation to the Board for adopting the resolution honoring his father The Board thanked Mr Fleming for attending the meeting Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – October 1 , 2012 10 00 am and 6 00 pm B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Ashe Meadow Lane , Meadow Loop , Sequoia Drive , and Kings Canyon Court – Sierra Heights Subdivision – Wilson’s Mills Township Long Grass Drive , Longwood Drive , and Bluestone Drive – Walker’s Ridge Subdivision – Phase V – Cleveland Township C Call for Public Hearing – Code of Ordinance Amendment – Chapter 3 - Agriculture Per a request by the Voluntary Agricultural District VAD Board , the Commissioners scheduled a public hearing for the December 3 , 2012 10 00 am meeting to allow for public comment on an ordinance amendment to Chapter 3 - Agriculture of the Johnston County Code of Ordinances The amendment would remove the requirement that farmland enrolled in VADs must meet present use requirements based on the General Session Law 2011 - 219 , House Bill 406 D Resolution – Naming a Section of Interstate 95 in Honor of Mr Dick Fleming adopted as follows Page132 November 5 , 2012 – 10 00 am Continued RESOLUTION Naming a Section of US Interstate 95 in Honor of Mr Dick Fleming Whereas , the State of North Carolina and the United States federal highway system have programs whereby sections of roadways may be named for leaders in their communities ; and Whereas , Mr Dick Fleming was a pioneer for the development of businesses along one of the original interstates in the federal highway system of these United States and North Carolina ; and Whereas , Mr Dick Fleming’s vision of outlet retail shopping transformed the Smithfield - Selma stretch of Interstate 95 into a thriving commercial district ; and Whereas , Mr Dick Fleming founded the first Carolina Pottery store along Interstate 95 and provided an environment for the creation of other retail operations and led to his founding of the original outlet center commercial development ; and Whereas , through Mr Dick Fleming’s generosity , land was donated to the Smithfield - Selma Chamber of Commerce for its facilities and for use as a visitor’s center to promote the immediate area and all of Johnston County ; and Whereas , Mr Dick Fleming was instrumental in promoting business growth and use of the highway systems in Johnston County and North Carolina ; and Whereas , Johnston County would like to extend its thanks and appreciation to Mr Dick Fleming for his pioneering efforts in the business world and for his generosity in the community sector by authorizing this official request to recognize his contributions to the County by naming a portion of Interstate 95 in his honor Now , Therefore , the Johnston County Board of Commissioners hereby requests the North Carolina Department of Transportation and the United States Department of Transportation to name the section of Interstate 95 from Exit 95 in Smithfield to Exit 97 in Selma in honor of Mr Dick Fleming th Adopted this the 5 day of November 2012 E Veterans Day Proclamation – 2012 adopted as follows P R O C L A M A T I O N V E T E R A N S D A Y - 2012 WHEREAS , for decades America has paused on the 11th of November , the anniversary of the armistice that concluded World War I , to remember and to honor our veterans of military service in proud and grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace ; and WHEREAS , the freedoms we enjoy have been purchased and maintained at a high price , as Americans have been willing , throughout our history , to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights ; and WHEREAS , Americans owe a great debt to all those who have served in defense of this nation throughout the generations ; for their sacrifices , often resulting in permanent injury or death , which have preserved our unique form of government dedicated to human right and respect for the individual , and preserved our freedoms and promise of liberty as an example for oppressed persons of the world ; and WHEREAS , in honor of these dedicated men and women , we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 11 , 2012 , as “ Veterans ’ Day ” in Johnston County , and urge our citizens to commend its observance th Proclaimed this the 5 day of November , 2012 F Tax Releases & Refunds – 9 16 2012 – 10 15 2012 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2012 1209 - 436893 1206 - 454424 JARMAN , ANTHONY NEIL Release 10710 2011 1202 - 343051 1111 - 359522 CHOTO , JR , NAPOLEON Overpayment 30200 2011 1205 - 388345 1202 - 397066 ENTERPRISE FM TRUST Overpayment 19734 2012 1209 - 439823 1206 - 451838 JOYCE , DIANA LYNN Release 15840 2012 1209 - 444463 1206 - 463208 EASLEY , KELIAH ELIZABETH Release 15087 2012 1209 - 444179 1206 - 456203 CAROLINA TELEPHONE AND TELEGRAPH Release 14229 2012 1209 - 444180 1206 - 457149 CAROLINA TELEPHONE AND TELEGRAPH Release 14229 2012 1209 - 444181 1206 - 459973 CAROLINA TELEPHONE AND TELEGRAPH Release 12258 2012 1209 - 444182 1206 - 462351 CAROLINA TELEPHONE AND TELEGRAPH Release 14229 2012 1209 - 435227 1206 - 459068 WILLIAMS , SHIRLEY TURNAGE Release 15654 Page133 November 5 , 2012 – 10 00 am Continued 2012 1209 - 438215 1206 - 460441 LOCKLEAR , JR , DOCK EDWARD Release 13816 2011 1204 - 365343 1201 - 387174 EDWARDS , DEBRA MORTON Overpayment 23001 2011 1205 - 387470 1202 - 396490 ARMSTRONG , SEAN ANTOINE Overpayment 15817 2011 1203 - 356769 1112 - 365734 CECIL , CASEY BARRETT Overpayment 20385 2012 1209 - 443534 1206 - 449113 MCCONNELL , LINDA ANN Release 19434 2012 1209 - 432271 1206 - 461258 TOWNSEND , JAMES STEVEN Release 14256 2012 1209 - 434721 1206 - 461434 SCHNEIDER , NICHOLAS EDWARD Release 30385 2011 1206 - 393800 1203 - 418492 FENTON , CHAD MICHAEL Release 20820 2011 1206 - 403254 1203 - 418317 ENTERPRISE FM TRUST Overpayment 20459 2012 1209 - 439066 1206 - 450654 PRICE , WILLIAM MICHAEL Release 15488 2012 1209 - 444324 1206 - 449806 ELLIOTT , JASPER JAMES Release 15136 2011 1205 - 385729 1202 - 393298 COX , RANDY LYNN Release 41850 2009 0911 - 003588 0908 - 122044 WILSON , MAURICE LEMONT Overpayment 23366 2012 1209 - 436936 1206 - 459702 KANTER , STEVEN JAY Release 12206 2012 1209 - 444142 1205 - 464087 PECONI , ALYSSA LYNN Release 24578 2011 1204 - 369384 1201 - 378998 BURTON , DANIEL JOSEPH Overpayment 12597 2012 1207 - 409757 1204 - 433074 RODRIGUEZ , NATHAN P Release 37432 2012 1209 - 431589 1206 - 450405 HARPER , BRENDA STEPHENSON Release 18509 2012 1207 - 412662 1204 - 428890 BLAKE , CHRISTOPHER ROBERT Release 27462 2012 1209 - 442205 1206 - 462488 MCCULLERS , KIMBERLY MITCHELL Overpayment 17348 2012 1209 - 437193 1206 - 459150 PAWLAK , PATRICIA ANN Release 17148 2012 1208 - 423209 1205 - 447127 MORRIS , SARAH LETO Release 26627 2012 1209 - 435597 1206 - 458973 FLOREK , III , JOSEPH S Release 19714 2012 1209 - 435598 1206 - 463149 FLOREK , III , JOSEPH STANLEY Release 42846 2012 1209 - 443203 1206 - 461394 SPICER , ZACHARY BRANT Release 16591 2012 1209 - 443202 1206 - 457455 SPICER , ZACHARY BRANT Release 27156 2012 1209 - 440421 1206 - 450696 DIXON , ROBERT GLENN Release 18480 2012 1209 - 441610 1206 - 457667 COTNER , STACI ALLISON Release 10483 2012 1209 - 444445 1206 - 463874 SAMMONS , CHRISTINE MARIE Release 19481 2012 1207 - 414085 1204 - 424667 DEMARK , WAYNE C Overpayment 25182 2011 1205 - 387470 1202 - 396490 ARMSTRONG , SEAN ANTOINE Overpayment 15817 2012 1207 - 414085 1204 - 424667 DEMARK , WAYNE C Void Refund 25182 2012 1209 - 441670 1206 - 454904 DEMARK , WAYNE CARL Overpayment 18723 2012 1209 - 434574 1206 - 456699 REED , CHARLES EDWARD Release 13681 2012 1207 - 416865 1204 - 432811 COLONIAL PIPELINE COMPANY Release 27697 2011 1204 - 372318 1201 - 386916 TRIPP , LINDA GUTHRIE Release 11374 2011 1202 - 342736 1111 - 356960 BAKER , GLENN RAY Release 12206 2012 1207 - 415246 1204 - 432464 WILLIAMS , DONALD Tag Surrender 11927 2012 1209 - 438988 1206 - 459258 MITCHELL , RICHARD ALTON Release 53515 2011 1110 - 298575 1107 - 305479 THOMPSON , STEVEN WAYNE Release 12555 2012 1209 - 439370 1206 - 462302 HOPKINS , JAMES WALTER Release 10173 2012 1210 - 444503 1207 - 473906 MYATT , JOHNNIE RICKEY Release 21223 2012 1207 - 406316 1204 - 432821 JONES , BRIAN TIRRELL Release 19801 2012 1209 - 442672 1206 - 461684 STILWELL , LARRY WAYNE Overpayment 13476 2012 1208 - 422352 1205 - 442061 WILLIAMS , AMBER KAY Tag Surrender 10144 2012 1209 - 437285 1206 - 459147 RUKSZNIS , HEATHER ELIZABETH Overpayment 18981 2012 1210 - 457954 1207 - 473173 CAROLINA TELEPHONE AND TELEGRAPH Release 17105 2012 1210 - 457955 1207 - 473890 CAROLINA TELEPHONE AND TELEGRAPH Release 17105 2012 1210 - 457956 1207 - 474232 CAROLINA TELEPHONE AND TELEGRAPH Release 14229 2011 1205 - 379526 1202 - 397566 WILLIAMS , JR , LARRY DENNIS Overpayment 25488 2012 1209 - 433787 1206 - 458876 JONES , JONATHAN ALLAN Overpayment 10588 Page134 November 5 , 2012 – 10 00 am Continued 2011 1204 - 373544 1201 - 383015 SAPP , LYMUS JAJUAN Overpayment 15443 2012 1210 - 456833 1207 - 466019 HANSEN , JOHN LESTER Release 11748 2003 0404 - 181794 0401 - 197461 LITTLETON , KENNETH RAY Overpayment 12649 2011 1202 - 343728 1111 - 355252 JOHNSON , ROBIN POPE Overpayment 10648 2012 1210 - 457948 1207 - 478567 MORAN , AMANDA LYNN Release 14809 2010 1012 - 170093 1009 - 162784 LEE , MARK ANTHONY Overpayment 15125 2011 1110 - 292486 1107 - 299234 KEYES , ANTHONY WILLIAM Overpayment 12886 2012 1209 - 437071 1206 - 462766 MEDLIN , JR , STEPHEN THOMAS Release 24721 2012 1209 - 444161 1206 - 461138 INFINITY FIRE PROTECTION LLC Release 14078 2012 1209 - 444159 1206 - 458825 INFINITY FIRE PROTECTION LLC Release 11568 2011 1203 - 356175 1112 - 375548 KEEN , HAROLD THOMAS Overpayment 33991 2012 1209 - 444160 1206 - 460724 INFINITY FIRE PROTECTION LLC Release 10858 2012 1209 - 441868 1206 - 452518 HALL , TERRY LENNON Release 20280 2012 1210 - 454477 1207 - 474254 JOHNSON , AMANDA MURRAY Release 13314 2012 1208 - 419024 1205 - 447990 CAMPBELL , HARRY LEE Overpayment 10978 2012 1208 - 428790 1205 - 442906 TALTON , BRITTANY LEE Release 10895 2012 1210 - 446662 1207 - 477334 CHADWICK , MICHAEL JOSEPH Release 16747 2012 1210 - 446103 1207 - 475757 WILKINS , REGINA WHALEY Release 19570 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 17 2012 04 25 14 PM sgarner 2012 - 75764 2000048904 REEVES , RICHARD A 17999 9 18 2012 01 29 12 PM aheath 2012 - 201088 2000099511 PRICE , DAVID 10331 9 18 2012 02 59 22 PM aheath 2012 - 13755 2000125355 BRITT , JOHN ROBERT 84303 9 18 2012 03 03 33 PM aheath 2012 - 102628 2000152662 M & B AVIATION SERVICES LLC 21997 9 19 2012 08 20 10 AM aheath 2012 - 201005 2000165676 HEATH , NANCY T 11073 9 19 2012 10 10 23 AM aheath 2012 - 102191 2000162878 MANPOWER INT INC 57811 10370 9 19 2012 01 32 32 PM aheath 2011 - 201024 2000161289 MUNOZ , EZEQUIEL MUNOZ 41317 9 19 2012 01 57 38 PM aheath 2012 - 101689 2000161289 MUNOZ , EZEQUIEL MUNOZ 41317 9 19 2012 03 40 26 PM aheath 2012 - 40378 2000122117 HEWETT & WOOD ATTY 31450 9 20 2012 02 44 44 PM cfutch 2012 - 91971 2000155163 UNDER PRESSURE IRRIG LLC 19530 9 24 2012 04 31 56 PM aheath 2012 - 23432 2000134795 CREIGHTON , TIMOTHY W 22717 9 25 2012 09 38 03 AM aheath 2012 - 24440 2000130987 D & B ADAMS LLC 23327 9 26 2012 12 59 58 PM sgarner 2012 - 201626 11726660 BOSTIC , MARY BELL 79932 9 26 2012 01 05 12 PM sgarner 2012 - 201630 11726660 BOSTIC , MARY BELL 81099 9 26 2012 01 06 56 PM sgarner 2012 - 201625 11726660 BOSTIC , MARY BELL 1,00121 9 27 2012 09 36 47 AM aheath 2012 - 19412 2000044198 CHICOPEE INC 31,42050 10 1 2012 11 03 50 AM aheath 2012 - 102175 2000162800 JFC TRANSPORT INC 63000 10 1 2012 11 56 21 AM sgarner 2012 - 39399 37037280 HAYES , HAZEL S MRS 58492 10 1 2012 11 59 34 AM sgarner 2012 - 200594 37037280 HAYES , HAZEL S MRS 29630 10 1 2012 12 01 04 PM sgarner 2012 - 200595 37037280 HAYES , HAZEL S MRS 15506 10 1 2012 12 02 30 PM sgarner 2012 - 200596 37037280 HAYES , HAZEL S MRS 15506 10 4 2012 09 12 01 AM aheath 2012 - 102552 2000139653 AMERICAN DANCE PROJEKT INC 17695 10 4 2012 02 17 11 PM cfutch 2010 - 17012 2000044198 CHICOPEE INC 31,42050 10 5 2012 12 43 32 PM sgarner 2012 - 67666 2000158620 ONEAL , SCARLETTE H 21666 10 8 2012 09 48 33 AM aheath 2012 - 201480 2000166387 J CREW GROUP INC 1,40793 10 8 2012 10 03 24 AM aheath 2012 - 201481 2000166388 HARRIS HEALTH URGENT CARE 89635 10 9 2012 10 32 48 AM aheath 2012 - 4786 2000163785 JACHINTRIC ENTERPRISES 32111 10 9 2012 10 37 39 AM aheath 2012 - 48408 2000088246 JOHNSON , WILLIS GLENN 11162 10 9 2012 01 23 59 PM aheath 2012 - 54356 2000037778 LEE , DANNY EDWARD 11420 10 9 2012 01 34 27 PM aheath 2012 - 16334 2000073389 C L A S CONSTR CO INC 69917 10 10 2012 12 36 24 PM cfutch 2010 - 200679 2000059934 RAMSEY , L CALVIN & 11843 10 10 2012 12 50 55 PM cfutch 2011 - 21084 2000134795 CREIGHTON , TIMOTHY W 22576 10 10 2012 04 15 31 PM cfutch 2012 - 53826 2000153753 LAYMAN , RYAN 11169 10 11 2012 04 50 47 PM cfutch 2012 - 14975 2000067571 BRYANT , SAMUEL E 12188 10 11 2012 04 56 04 PM sgarner 2012 - 20588 2000144830 COBB , DEBORAH T 12398 10 11 2012 05 05 32 PM sgarner 2012 - 60585 2000157238 MCKENZIE , ESTELLE M LIFE EST 15089 10 11 2012 05 06 54 PM sgarner 2012 - 55270 2000120734 LEE , SAMMY 17355PagePage pageNumber5135 November 5 , 2012 – 10 00 am Continued Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 9 18 2012 02 37 02 PM jmorrow 2012 - 43401 2000134331 HOUSTON , MATTHEW P 10000 9 21 2012 02 08 25 PM LOCKBOX 2012 - 82691 80399950 SMITH , LEAVIE BRYANT 19712 9 21 2012 02 08 25 PM LOCKBOX 2012 - 92807 2000095099 VILLALPANDO , LUIS 34337 9 24 2012 02 15 55 PM jmorrow 2012 - 79030 2000155193 SADIE RAE PRICE FAMILY TRUST 10000 9 24 2012 03 11 14 PM LOCKBOX 2011 - 29151 2000052672 FFCA ACQUISTION CORPORATION 17,50121 9 25 2012 10 51 31 AM jevans 2012 - 6246 4798780 BAKER , LAWRENCE ERIC 55764 9 25 2012 10 54 58 AM jevans 2012 - 58198 2000162181 PATINO , JOSE CARMEN 34332 9 25 2012 10 56 20 AM jevans 2012 - 45110 2000153424 JACKSON , RANDY L 1,75993 9 28 2012 02 18 56 PM LOCKBOX 2012 - 8348 2000039749 BARNES , RICKY THEL 14881 10 1 2012 12 16 49 PM jevans 2012 - 80822 78853700 SELLERS , LOIS F 16519 10 1 2012 12 19 35 PM jevans 2012 - 3906 2000162873 LEE , DEANNA B 45657 10 1 2012 12 22 25 PM jevans 2012 - 59646 2000151948 MAXWELL , JENNIFER 49215 VAZQUEZ , BEVERLY ANN WOODARD 10 1 2012 03 14 57 PM tgreen 2011 - 89036 2000035028 13737 10 2 2012 02 28 33 PM jdunn 2012 - 49977 2000154593 JULIAN , JONATHAN N 32847 10 4 2012 11 56 52 AM jdunn 2012 - 70284 2000068280 PEACOCK , KIMBERLY LEE 45767 10 4 2012 02 13 04 PM jdunn 2012 - 97775 2000127768 WILLIAMS , ROGER D 1,84741 10 4 2012 02 18 24 PM cfutch 2010 - 17012 2000044198 CHICOPEE INC 31,42050 10 4 2012 02 18 26 PM jmorrow 2012 - 56922 2000107093 LOOP ROAD PARTNERSHIP 45050 10 10 2012 12 36 39 PM cfutch 2010 - 200679 2000059934 RAMSEY , L CALVIN & 12346 10 10 2012 12 51 14 PM cfutch 2011 - 21084 2000134795 CREIGHTON , TIMOTHY W 22576 10 10 2012 04 15 41 PM cfutch 2012 - 53826 2000153753 LAYMAN , RYAN 11169 10 15 2012 03 05 55 PM jdunn 2012 - 36123 33905540 GRAIN , CAROLYN F 20000 October 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 9 16 12 to 10 15 12 Tax refunds - Personal Real Property 21703 Tax releases - Personal Real Property 1,89895 Motor Vehicle releases refunds 5,02236 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Public Comments None 4 Resolution – National Farm City Week – November 16 – 22 , 2012 and Update to the Board Director for Johnston County Cooperative Extension Bryant Spivey addressed the Board and requested the adoption of the 2012 National Farm City Week Resolution Mr Spivey also provided an update to the Board with the following PowerPoint Presentation PagePage pageNumber6136 November 5 , 2012 – 10 00 am Continued Johnston Farm Income – 2010 Data from USDA Johnston County Rank nd • 2 Flue - cured tobacco nd ollars • 2 Sweet potatoes rd • 3 Cash receipts from crops D lion th • 8 Total farm income Mil Johnston Farm Income Dollars Million Projected Mr Spivey invited the Commissioners to attend the November 16 , 2012 Youth Livestock Festival in which former County Commissioner Chairman Norman C Denning Sr , and wife Jean R Denning , will be honored for their work with Cooperative Extension as well as the Youth Livestock Program He also invited the Board to attend the November 19 , 2012 Farm City Week Recognition Banquet Mr Spivey offered to answer any questions The Board briefly discussed the presentation with Mr Spivey as well as current farming practices in the County Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the following resolution for National Farm City Week 2012 PagePage pageNumber7137 November 5 , 2012 – 10 00 am Continued NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 16 - 22 , 2012 WHEREAS , agriculture has always been a cornerstone of Johnston County’s way of life , we acknowledge that dedicated farmers improve our wellbeing by working to ensure a healthy and abundant agriculture supply To succeed in this important enterprise , our farmers rely on essential partnerships with non - rural communities to supply , sell , and deliver finished products across the country and around the world During National Farm - City Week , we recognize the importance of this cooperative network to the success of the agriculture industry WHEREAS , farming was America’s first industry and continues today to provide us with many of the necessities of life such as food , clothing , and fuel for our energy needs Agriculture employs a substantial number of workers in Johnston County including farmers , shippers , processors , marketers , retailers , truck drivers , inspectors , and others who annually contribute more than 38 billion in value - added income in Johnston County WHEREAS , we welcome new opportunities for trade , hard work , and successful cooperation between farmers and city workers to continue to play a vital role in our country’s success and be a critical resource for countless people here and around the nation WHEREAS , Farm - City collaborations help maintain and improve our nation’s food and fiber supply and contribute to a better quality of life for countless citizens We commend the many Johnstonians whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all WHEREAS , we gather with family and friends around the Thanksgiving table , it is fitting that we count among our blessings the vital farm - city partnerships that have done so much to improve the quality of our lives Rural and non - rural communities working together have made the most of our rich agricultural resources , and they continue to contribute to the health and well being of our people and to the strength of our economy NOW , THEREFORE , we the Commissioners of Johnston County do hereby proclaim November 16 - 22 , 2012 , as Farm - City Week We call upon citizens in rural and city areas to acknowledge and celebrate the achievements of all those who , working together , produce an abundance of agriculture products that strengthen and enrich our community and nation Proclaimed this the 5th day of November , 2012 5 Proclamation – Nonprofit Awareness Month – November 2012 Sherry Harris , Director for Reach Out Johnston County , requested the Board to adopt a proclamation declaring November 2012 as Nonprofit Awareness Month in Johnston County Ms Harris spoke on the dedication and work that is involved with operating a nonprofit organization and she thanked the Board for their consideration of the proclamation Ms Harris recognized the following nonprofit organization representatives in the audience Keri Christensen , Harbor , Inc Shirley Chamberlin , Johnston County Industries and Cyber Café Christina Peterson , Partnership for Children of Johnston County Deborah Bolin , Johnston County Youth Services The Board thanked the nonprofit agencies for their work throughout the County Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board adopted the following proclamation for Nonprofit Awareness Month PROCLAMATION NONPROFIT AWARENESS MONTH WHEREAS , Johnston County’s quality of life is enriched by the contributions made by the open - minded and open - hearted nonprofits ; and WHEREAS , the County supports and participates in nonprofit organizations as board leaders , volunteers , donors , and staff ; and WHEREAS , nonprofits bring the County together identifying compelling needs and creating powerful and effective solutions ; and WHEREAS , nonprofits create partnerships , build relationships , and collaborate with businesses , governments , faith - based organizations , and other groups to expand resources in the County ; and WHEREAS , nonprofits provide opportunities for skill development , leadership building , and service through civic engagement ; and WHEREAS , every person in the County benefits from the nonprofits ’ vital contributions of strengthening society , public policy , culture , sense of community , and the promise for the future NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners hereby proclaims November 2012 as NONPROFIT AWARENESS MONTH and encourages all citizens of Johnston County to celebrate and participate in the work of our County’s vital nonprofit organizations th Adopted this the 5 day of November 2012 PagePage pageNumber8138 November 5 , 2012 – 10 00 am Continued 6 Animal Services – Request to Surplus Vehicles Director of Animal Services Ernie Wilkinson requested the Board to declare the following vehicles surplus so they could be sold at the next surplus auction to be scheduled at a later date Make Model VIN Mileage 1991 Chevrolet Suburban 1GNGV26KXMF135968 205,954 odometer is broken 2006 Ford F - 150 1FTRF12W86NB27877 204,370 2007 Chevrolet 1500 1GCEK14V87E177534 180,661 engine problems At the inquiry of Chairman Allen L Mims , Jr , Mr Wilkinson reported Animal Services has already purchased and put into service the replacement vehicles Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board declared the above listed vehicles surplus and approved for them to be sold at the next scheduled public auction 7 911 - Communications – Award of Contract for Landfill Tower Improvements Director of 911 - Communications Jason Barbour stated that staff has received three proposals for the Landfill Tower Improvements Project , as follows Hightower Communications , Inc 163,47500 LaGrange , North Carolina Tower Engineering Professionals 179,75000 Raleigh , North Carolina Pamlico Tower , Inc 199,48600 Washington , North Carolina Mr Barbour reported staff recommends the Board award the contract to low bidder Hightower Communications , Inc of LaGrange , North Carolina in the amount of 163,47500 He noted that Hightower Communications has worked with the County on past projects and is familiar with the current infrastructure Mr Barbour explained that the current tower recently underwent a structural analysis and based on today’s standards , the tower is at a 150 to 160 loading capacity which means the tower structure could potentially be compromised should winds get high enough or the County experiences an icing event He stated the improvements would bring the tower into compliance with the current load Upon questions by Commissioner Wade M Stewart , Mr Barbour reported the improvements would bring the tower to a loading capacity of 100 to 105 with no room for expansion He stated the tower should not exceed 105 loading capacity ; therefore , if any additional equipment is needed in the future , the tower would need further reinforcements Mr Barbour stated he does not anticipate additional equipment will be needed in the near future ; however , he noted that the County will be dealing with a communications upgrade known as Project 25 in the next three to four years and it is unknown if additional equipment will be needed at that time for Project 25 Commissioner Cookie Pope asked about the cost of replacing the tower versus improving the current structure Mr Barbour stated if the County were to replace the existing tower with a new structure , it would cost somewhere in between 325,000 to 400,000 Commissioner Tony Braswell asked what the better course of action would be , whether to replace the current tower or improve the current structure , and how communications would be affected Mr Barbour explained that replacing the tower versus improving the current structure is a function of money He stressed that if the current tower were to fall today , the County’s 911 operations would be severely compromised Mr Barbour added that timing is key and since it appears the hurricane season is over , the onlyPagePage pageNumber9139 November 5 , 2012 – 10 00 am Continued other weather situation staff would be concerned with is a possible winter storm icing event Mr Barbour stated he could send out proposals on the cost to construct a new tower and have those estimates within 30 to 45 days through a formal bid procedure for comparison purposes , if the Board prefers Mr Barbour noted even with improvements to the current tower , the structure is still located within the fall zone of the Landfill scale house and equipment maintenance shed He stated the Public Utilities Department has identified another site on the County Landfill property that would be suitable for a new tower Commissioner Stewart asked about the structures at the Landfill that are located in the fall zone Director of Utilities and Engineering Tim Broome reported staff already has safety protocols in place so that if winds reach sustained measurements of 40 mph then personnel and the public are removed from the area in the fall zone Commissioner Braswell asked if the tower would need additional upgrades to accommodate Project 25 Mr Barbour stated when the Project 25 technology is implemented he suspects that additional improvements to support that technology may be needed on the tower Commissioner DeVan Barbour asked about the timeframe for completing the improvements Mr Barbour stated the improvements would take approximately 10 to 11 weeks to complete once the contract is awarded Mr Barbour stressed that the County needs to either improve the current structure or replace the tower before next year’s hurricane season Commissioner Jeffrey P Carver stated he would prefer to go ahead and make the improvements to the current structure and then later on as the County’s finances improve , look into adding another tower at the Landfill Chairman Allen L Mims , Jr asked how the improvements would be funded County Manager Rick Hester stated the funds would be taken from capital outlay monies that have already been budgeted which will not impact the County’s fund balance Mr Hester reminded the Board that 911 revenues cannot be used for tower improvements replacements , per General Statutes Commissioner Wade M Stewart moved the Board award the Landfill Tower Improvements contract to Hightower Communications , Inc of LaGrange , North Carolina in the amount of 163,47500 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote The Board asked Mr Barbour to begin researching cost estimates on the construction of a new tower 8 Health Department – Revisions to Fee Schedule and Bad Debt Write - Off Health Director Dr Marilyn Pearson addressed the Board and requested the approval of revisions to the Health Department fee schedule , the updated sliding fee scale , and the annual debt write - off She stated the fees are for clinical services in the Preventive Health Division and the debt write - off is for accounts that have had no activity for 18 months Dr Pearson explained that as a safety net medical provider , the Johnston County Health Department provides most services on a sliding fee scale A significant portion of that care is provided to those with Medicaid , the underinsured , and the uninsured She continued that each year , the Health Department receives a cost settlement that provides payment for a portion of the care provided for which the Department is not reimbursed through the billing process Dr Pearson stated this year the Division of Public Health has implemented a new procedure for the cost settlement for local health departments in order to adhere to a change in the Medicaid cost report process As a result of this change and in order to receive the cost settlement , the Health Department is being required to charge the cost of providing the service Dr Pearson noted the Health Department received 12 million from the cost settlement this year Dr Pearson stated in an effort to minimize the effect of the fee schedule changes to patients , the Health Department would like to increase the eligibility on the sliding fee scale by 40 She stated the Johnston County Health Department is the first Health Department in the State that is being allowed to make that changePage0140 November 5 , 2012 – 10 00 am Continued on the sliding fee scale As a result of the change to the sliding fee scale , patients , in many cases will be paying nearly the same amount or less for services At the inquiry of Commissioners Tony Braswell and Jeffrey P Carver , Dr Pearson confirmed that the fee schedule must be revised in order for the Health Department to continue to receive the cost supplement funds She stated the services provided are clinical which helps to relieve the Emergency Room at the Hospital Commissioner Cookie Pope asked if other counties are adjusting their sliding fee scales Dr Pearson stated all other counties will have to revise their fee schedules , but Johnston County is the first county to get approval from the Division of Public Health to adjust the sliding fee scale She noted the Board of Health has recommended approval Dr Pearson explained that regarding the annual debt write - off , the Health Department is asking the Board to approve for 149,82672 in client accounts to be written off as bad debt from the collection procedure so the debt can then be submitted to the North Carolina Department of Revenue for collection through the debt setoff program Upon a motion by Commissioner Tony Braswell , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the revisions to the Health Department Clinical Fee Schedule following and the updated sliding fee scale as requested by the Health Department ; and further approved the request to write - off 149,82672 in client accounts as bad debt so the debt may be submitted to the North Carolina Department of Revenue for collection through the debt setoff program Current HD Medicaid New Fees LHD LHD Fee Reimburse Dec 1 , # Name CPT CPU Total Cost Charge ment 2012 Service Type 51 Johnston 10060 26626 26626 10500 8616 20000 DRAIN SKIN ABSCESS 51 Johnston 10061 45180 90360 15000 14814 35000 DRAIN SKIN ABSCESS 51 Johnston 11040 11292 11292 3800 3733 5500 DEBRIDE SKIN , PARTIAL 51 Johnston 11100 24868 24868 9000 7847 12600 BIOPSY , SKIN LESION 51 Johnston 11200 20192 20192 6800 6398 9500 REMOVE SKIN TAGS 51 Johnston 11400 28130 28130 9500 9165 13300 EXC TRT - EXT BENIGN + MARG 05 lt; CM 51 Johnston 11750 52274 52274 20500 16687 28700 REMOVE NAIL BED 51 Johnston 11981 33068 1,32272 12000 10990 24200 INSERT DRUG IMPLANT DEVICE 51 Johnston 20605 14285 14285 5600 4849 10300 DRAIN INJECT , JOINT BURSA 51 Johnston 36415 1319 37,43276 1000 300 1500 ROUTINE VENIPUNCTURE 51 Johnston 46600 19654 58962 6800 6462 9500 DIAGNOSTIC ANOSCOPY 51 Johnston 51701 15569 2,33539 6100 5508 12400 INSERT BLADDER CATHETER 51 Johnston 57452 27460 3,84436 10700 9296 12400 COLPO W O BIOPSY 51 Johnston 57454 39047 14,05702 15100 13134 28600 COLPO W BIOPSY 51 Johnston 58300 18872 8,11510 10000 6700 18800 IUD INSERT 51 Johnston 58301 24132 6,51567 9300 8227 24100 IUD REMOVAL 51 Johnston 69200 29280 87839 10200 9710 14500 CLEAR OUTER EAR CANAL 51 Johnston 69210 12286 1,84284 4100 4096 12200 REMOVE IMPACTED EAR WAX 51 Johnston 81025 2539 22,27076 1000 884 2500 PREGNANCY TEST URINE 51 Johnston 86580 1951 23,89421 1500 614 2000 TB PPD 51 Johnston 90465 5576 19,12463 2800 2800 5500 IMMUNE ADMIN 1 INJ , lt; 8 YRS 51 Johnston 90466 2851 11,37493 2800 2800 2900 IMMUNE ADMIN ADDED INJ , lt; 8 Y 51 Johnston 90468 2757 1,13046 971 971 2800 IMMUNE ADMIN O N , ADDED lt; 8 Y 51 Johnston 90471 5576 130,97308 2800 2800 6000 IM ADMIN 51 Johnston 90472 2851 45,89883 1000 971 3000 IM ADMIN 51 Johnston 90473 3797 23,46356 3800 ORAL ADMIN 51 Johnston 90474 2476 17,97817 2500 ORAL INTRANASALPage1141 November 5 , 2012 – 10 00 am Continued 51 Johnston 90658 838 35,29656 2500 1322 2500 FLU VACCINE , 3 YRS & gt; , IM 51 Johnston 90715 3275 31,53825 4825 000 4825 TDAP - - ADACEL 51 Johnston 90732 3200 2,59200 4700 2703 4700 PNEUMOCOCCAL 51 Johnston 90746 2855 4,99625 4775 5726 4775 HEP B 20 - UP 51 Johnston 92551 2686 50,27939 900 858 2700 AUDIOMETER 51 Johnston 92567 4092 3,23257 2000 1545 4100 TYMPANOMETRY 51 Johnston 93000 5172 3,72363 2300 1852 5000 EKG 51 Johnston 94150 5873 17,44338 1600 1526 2300 PEAK FLOW 51 Johnston 94650 22378 44756 2000 5000 PRESSURE BREATHING IPPB 51 Johnston 94664 3622 8,47591 1600 1119 3600 AEROSOL VAPOR INHALATION 51 Johnston 94665 3622 32600 1300 3600 AEROSOL OR VAPOR INHALATIONS 51 Johnston 94760 626 3,54923 200 179 626 PULSE OXIMETRY 51 Johnston 96110 1843 20,95695 2000 961 2000 DEVE SCREENING 51 Johnston 99000 1527 6107 1000 1500 HANDLING FEE INS 51 Johnston 99173 626 4,77612 2200 2200 VISION SCREENING 51 Johnston 99201 10252 20504 7100 6210 10200 OV , NEW , MINIMAL 51 Johnston 99202 17775 4,97696 11000 9315 17700 OV , NEW , LIMITED 51 Johnston 99203 25755 78,55340 15200 13248 21500 OV , NEW , EXPANDED 51 Johnston 99204 40010 22400 19458 31400 116,42944 OV , NEW , DETAILED 51 Johnston 99205 50357 73,01704 28100 24426 40000 OV , NEW , COMPREHENSIVE 51 Johnston 99211 5019 74,87844 4000 3416 5600 OV , EST , MINIMAL 51 Johnston 99212 10252 41,52150 6500 5693 10000 OV , EST , LIMITED 51 Johnston 99213 17355 9000 7866 17300 OV , EST , EXPANDED 1,083,65731 51 Johnston 99214 26039 741,86386 14000 12213 26000 OV , EST , DETAILED 51 Johnston 99215 35136 57,62354 20400 18216 35000 OV , EST , COMPREHENSIVE 51 Johnston 99383 32248 34,18287 9000 9000 32200 NEW FP PREVENTIVE AGE 5 - 11 51 Johnston 99384 28395 13,06148 19400 9683 28400 NEW PREVENTIVE AGE 12 - 17 51 Johnston 99385 28395 54,51747 19200 16700 28400 NEW PREVENTIVE AGE 18 - 39 51 Johnston 99386 33213 8,63542 22900 19900 32200 NEW PREVENTIVE AGE 40 - 64 51 Johnston 99391 26340 134,07050 9000 9000 26400 EST PREVENTIVE AGE 0 - 1 51 Johnston 99392 28639 9000 9000 28700 142,04728 EST PREVENTIVE AGE 1 - 4 51 Johnston 99393 28545 82,49485 9000 9000 28600 EST PREVENTIVE AGE 5 - 11 51 Johnston 99394 24691 11,60498 16800 14600 24700 EST PREVENTIVE AGE 12 - 17 51 Johnston 99395 24785 16300 14200 24800 206,21191 EST PREVENTIVE AGE 18 - 39 51 Johnston 99396 27084 22,20861 18200 15800 27100 EST PREVENTIVE AGE 40 - 64 51 Johnston 99420 2405 2,28472 814 814 2400 HEALTH RISK ASSESS TEST 51 Johnston 99501 32379 11,33278 6900 6000 32300 POSTNATAL HOME VISIT 51 Johnston 99502 32379 49,86425 6900 6000 32300 NEWBORN HOME VISIT 90471 - 51 Johnston EP 5576 92,61230 2800 2800 7500 IMMUNIZATION ADMIN 99384 - 51 Johnston EP 34547 27,63726 10400 9683 26400 PREVENTIVE VISIT NEW PAT , 12 - 17 99394 - 51 Johnston EP 30844 33,00256 9000 9000 24700 PREVENTIVE VISIT EST PAT , 12 - 17 99395 - 51 Johnston EP 30937 92811 14200 14200 30900 PREVENTIVE VISIT EST PAT , 18 - 39 D0145 - ORL EVAL PT lt; 3 YR CNSL PRIM 51 Johnston CH 6916 11,48005 3900 3807 6900 CAREGIVR D1206 - TOP FLUORIDE ; TX APPL MOD - HI 51 Johnston CH 5880 9,76143 1500 1500 5900 RISK 51 Johnston G0001 1319 5278 500 1320 VENIPUNCTURE , FOR LHD - USE 51 Johnston J0560 2820 1,43820 2900 2332 2900 PENICILLIN G BENZATHINE INJECT 51 Johnston J0570 4560 1,91520 5300 4607 5300 PENICILLIN G BENZATHINE INJECT 51 Johnston J1055 365 2,98935 4900 4050 4900 DEPOPage2142 November 5 , 2012 – 10 00 am Continued 51 Johnston J3420 104 3536 200 200 VITAMIN B12 INJECTION LEVONORGESTREL IU 51 Johnston J7302 35997 3,95967 36000 CONTRACEPTIVE 51 Johnston J7307 28500 1,14000 28500 ETONOGESTREL IMPLANT SYSTEM 51 Johnston S4993 300 21000 500 500 CONTRACEPTIVE PILLS FOR BC 51 Johnston T1002 9778 171,60728 2000 1950 9800 RN SERVICES 9 Public Utilities – Bulk Water Capacity Purchase from the City of Wilson Tim Broome , Director of Utilities and Engineering , stated the Board approved an interlocal agreement with the City of Wilson for purchase of up to 1,500,000 gpd of water over a 20 year period in June 2012 , subject to the approvals of other related interlocal agreements involving the City , Wilson County , and the Town of Black Creek , which were approved on October 1 , 2012 Mr Broome reported that while awaiting approval of the related agreements , staff revisited terms of the original agreement with the City of Wilson management and Utilities staff and found common ground on several terms , as follow • In lieu of the City financing the capital payment of 4,025,000 over five years at 30 apr five annual payments of 879,000 with the first payment due on July 1 , 2012 , the County would make a lump sum payment of 2,850,000 on July 1 , 2013 and a second payment of 1,175,000 on July 1 , 2018 • In lieu of mandatory minimum average daily purchases of FY 12 - 13 50,000 gpd FY 13 - 14 225,000 gpd FY 14 - 15 300,000 gpd FY 15 - 16 350,000 gpd FY 16 - 17 400,000 gpd FY 17 - 18 and Duration of Term 500,000 gpd Minimum average daily purchases would be FY 13 - 14 100,000 gpd FY 14 - 15 150,000 gpd FY 15 - 16 200,000 gpd FY 16 - 17 250,000 gpd FY 17 - 18 300,000 gpd FY 18 - 19 350,000 gpd FY 19 - 20 400,000 gpd FY 20 - 21 450,000 gpd FY 21 - 22 and Duration of Term 500,000 gpd • Very minimal changes would be made in allowable peak rates of withdrawal over the first five years of the agreement term Mr Broome stated the revised terms are more favorable for the County , especially given the slower growth in the County water system daily demand Over the first nine years of the agreement , the revised minimum purchase thresholds could save 575,000 The first capital payment would be funded by a combination of water district capacity purchases , re - allocation of surplus amounts on two on - going capital projects , and an appropriation from the balance in Fund 67 , as follow Bulk water capacity purchases by seven water districts 1,260,000 Allocation approved under budget amendment for 496,000 revised USDA “ Water Capacity Loans ” capital project – June 4 , 2012 Re - allocation of surplus from revised USDA 154,000 “ Water Capacity Loans ” capital project Re - allocation of surplus on Water Quality 350,000 Improvements – Phase 2 capital projectPage3143 November 5 , 2012 – 10 00 am Continued Allocation from balance in Fund 67 590,000 TOTAL 2,850,000 The second payment of 1,175,000 would be made from a Fund 67 budget reservation in FY 18 - 19 Mr Broome stated staff recommends the interlocal agreement with the City of Wilson which was approved on June 4 , 2012 , be rescinded and the revised agreement be approved as well as approval of the associated budget revisions Upon questions by Chairman Allen L Mims , Jr , Mr Broome stated the bulk water purchase helps to postpone other future water improvement projects Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board rescinded the interlocal agreement with the City of Wilson that was originally approved on June 4 , 2012 [ Reference Minutes of June 4 , 2012 – 10 00 am meeting - Minute Book 27 , Pages 844 - 848 ] ; approved the revised interlocal agreement following ; and approved the associated budget revisions following agreement text Bulk Water Purchase Agreement Between City of Wilson and Johnston County THIS AGREEMENT , made and entered into this ____ day of _________ 2012 , by and between JOHNSTON COUNTY hereinafter referred to as “ County ” , and the CITY OF WILSON hereinafter referred to as “ City ” , is for the sale by the City and purchase by the County of bulk water supply The County and the City are hereinafter referred to collectively as the “ Parties ” and this Bulk Water Purchase Agreement Between City of Wilson and Johnston County is hereinafter referred to as the “ Agreement ” WITNESSETH WHEREAS , County desires to purchase bulk potable water from the City , and the City desires to sell bulk potable water to the County ; and WHEREAS , the County desires to supply potable water purchased from the City to its current and future water customers ; and WHEREAS , for the City to supply potable water to the County , the water must be transferred through pumping and pipeline facilities owned and operated by the City and pumping and pipeline facilities owned and operated by Wilson County to the Point of Delivery herein stated ; and WHEREAS , the Parties desire to set forth herein their mutual understanding of the terms under which the City will sell the County bulk potable water and the County will purchase from the City bulk potable water NOW , THEREFORE , subject to the terms and conditions herein , for and in consideration of the mutual premises , and rights , 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 the City mutually do agree as follows 1 THE CITY AGREES AS FOLLOWS A The City agrees to supply water to the County at the maximum average daily per month water supply allocation amounts as set forth in section 1 B herein beginning on July 1 , 2013 , and ending on June 30 , 2033 , unless extended as hereinafter provided The maximum average daily supply per month is defined as the total water used over a monthly period divided by the number of days in the month For example , the maximum delivery per month for June 1 - 30 during FY 2016 - 2017 would be 225 million gallons total divided by 30 which would equal the maximum average daily amount of 750,000 gallons per day gpd The Point of Delivery will be a meter at the existing 12 ” Wilson County water main on NC 42 at the Wilson County – Johnston County line The peak rates of delivery shall not exceed the limits specified in section 1 B except for a short - term emergency and at a volume as agreed upon by the City and County , and as approved by NCDENR if required Short term emergency is defined as water required for fire fighting , as short term supplemental supply when another of the City or County’s supply sources is interrupted , and as high demand resulting from a main break or other system failure Drought is not a Short Term Emergency unless agreed to by both Parties in writing In the event of a Short - Term Emergency , or other condition or emergency which may directly or indirectly affect the quantity or quality of the water delivered herein , the Parties agree to immediately contact each other’s utility personnel and inform that such Short - Term Emergency or condition exists specifying the reason for said Short - Term Emergency or other condition B The water supply allocations and allowable peak rates of withdrawal shall be as follows Max Avg Daily Supply per Month Allowable Peak Withdrawal FY 13 - 14 100,000 gpd 70 gpm FY 14 - 15 300,000 gpd 210 gpm FY 15 - 16 500,000 gpd 350 gpmPage4144 November 5 , 2012 – 10 00 am Continued FY 16 - 17 750,000 gpd 525 gpm FY 17 - 18 1,000,000 gpd 700 gpm FY 18 - 19 and Duration of Contract 1,500,000 gpd 1,050 gpm C The City will provide potable water to the County meeting the standards and requirements of the State of North Carolina Department of Environment and Natural Resources - Division of Environmental Health and the US Environmental Protection Agency , as such standards now exist or hereafter may be amended or supplanted at the Point of Delivery , and the City will endeavor to sustain delivery without interruption However , neither the delivery rate , continuity of supply , nor water quality can be guaranteed due to circumstances which can be beyond the control of the City , including but not limited to force majeure , problems within the Wilson County Water System , emergencies , mechanical breakdowns , power outages , etc The City assumes no liability for interruptions in service or deviations in water quality The City also makes no warranty , expressed or implied , as to the quality of water beyond the metered Point of Delivery The County shall be solely responsible for the delivery and quality of water beyond the Point of Delivery The County agrees to indemnify and hold harmless the City from and against any and all losses , cost , claims , damages , and expenses , including but not limited to reasonable attorney’s fees , which the City may incur in any manner arising out of or connected with the quality of water beyond the metered point Water shall be delivered at the standard pressure of the Wilson County system for the delivery point area which is currently at 360 ft above mean sea level maximum If a greater pressure or added disinfectant other than that normally available at the area of the Point of Delivery is necessary or required by the County , the costs thereof shall be the sole responsibility of Johnston County D The City will , at all times , operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the County with quantities of water required by the County , except as provided in paragraph 1 C herein Temporary or partial failure to deliver water shall be remedied with all possible dispatch In the event of an extended shortage of water , or the supply of water available to the City is otherwise diminished over an extended period of time , the supply of water available to the County shall be reduced or diminished in the same ratio or proportion as the supply to the City’s other bulk customers is reduced or diminished E During an emergency event wherein the flow of water is reversed through the line and the County supplies the City with water the City agrees to pay the County for all bulk water supplied by the County to the City on an emergency basis a commodity charge equal to the commodity charge for water supplied by the City to the County The amount of water supplied shall be as agreed upon by both parties as per paragraph 1 A above F The City agrees to enter into an interlocal agreement with Wilson County to insure that water in the amounts and consistent with the quality specified herein shall be delivered to the County The City’s ability to provide water to the County is expressly subject to it reaching an agreement with Wilson County for the transportation of such water through the Wilson County water system If for any reason , Wilson County shall fail to enter an agreement with the City for the delivery of water to County , then the City shall be relieved of any and all obligations to provide water to County under the terms of this Agreement G The City shall invoice the County monthly for water supplied to the County pursuant to this Agreement The commodity charge shall be 285 per 1,000 gallons in FY 13 - 14 The commodity charge may be adjusted annually with 90 days written notice Such adjustments must be reasonable and shall be at the same percentage rate of increase as the City charges to its existing retail customers for any given year and shall not be adjusted more than annually 2 THE COUNTY AGREES AS FOLLOWS A The County agrees to pay the City , in addition to the commodity charge , a capacity charge for the supply allocation in the amounts and in accordance with the following schedule On or before July 1 , 2013 a payment of 2,850,00000 And on or before July 1 , 2018 a payment of 1,175,00000 For a total of 4,025,00000 B The necessary metering equipment , including continuous recording devices with flow totalizing capability shall be provided , owned , and maintained , by County , at its sole expense , at the Point of Delivery to monitor allocated capacities defined herein County shall calibrate using a certified third party such metering equipment at a frequency of at least once every 2 years and copies of the testing shall be made available for both Parties Either Party may request additional calibrations at its own expense A meter registering not more than two percent 2 above or below the test result shall be deemed to be accurate for the average of two 2 different flow rates at half and full range of the current maximum gpm flow rate for the given year The previous readings at any meter disclosed by test to be inaccurate shall be corrected for the three 3 months previous to the test in accordance with the percentage of inaccuracy found by such tests If any meter fails to register for any period , the amount of water during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure , unless both parties agree upon a different amount The meteringPage5145 November 5 , 2012 – 10 00 am Continued equipment shall be read monthly by County between the 25th and 1st of each month and provided to the City City shall have access to the meter for the purpose of verifying its reading at any reasonable time , upon request and shall have a key for access C The County agrees to purchase a minimum average daily supply per month of water for all 12 months of each year as follows FY 13 - 14 100,000 gpd FY 14 - 15 150,000 gpd FY 15 - 16 200,000 gpd FY 16 - 17 250,000 gpd FY 17 - 18 300,000 gpd FY 18 - 19 350,000 gpd FY 19 - 20 400,000 gpd FY 20 - 21 450,000 gpd FY 21 - 22 and Duration of term 500,000 gpd This volume shall be a minimum amount billed on an average per month basis even if this amount is not utilized by the County For example , the minimum billed per month for June 1 - 30 during FY 2016 - 2017 would be 75 million gallons total divided by 30 which would equal the minimum average daily amount of 250,000 gallons per day gpd The minimum average daily purchase requirement shall begin on July 1 , 2013 In the event the concentrations of either total trihalomethanes TTHM’s or haloacetic acids HAA’s in the water supplied by the City to the County exceed 65 parts per billion ppb and 48 ppb , respectfully , the requirement for mandatory purchase of the minimum average daily amount shall be suspended until the concentrations of these constituents return to the level stated above D The County agrees to pay the City monthly for water purchased within 20 days from receipt of invoices 3 ADDITIONAL COVENANTS AND AGREEMENTS A Water Supply Guarantee City shall make available to the County a water supply allocation sufficient to meet the maximum average daily supply per month and allowable peak withdrawal amounts set forth in Paragraph 1 B of this agreement , such that after six 6 years , City shall make available to the County a water supply allocation of not less than 15 million gallons per day mgd if all other obligations are met B Minimum Quantity The County shall purchase from the City a minimum amount of water per month as set forth in section 2 C of the Agreement County agrees that the County’s need for water supply is to augment the County’s existing supply for resale to customers within the County’s service area and individual customers of the County have no claim to the water supply or water service as a result of this Agreement and that there are no third party beneficiaries of this Agreement Other than resale to customers within the County’s service area , the County agrees that it will not sell water provided under this Agreement to any water district , water utility , or any other person or entity acquiring same for the purpose of resale without the written consent of the City C Term The term of this Agreement shall be twenty 20 years , at the conclusion of which the Agreement shall automatically terminate unless both parties agree to extend the existing contract for a period to be decided at least one year before the original termination date During the initial 20 - year term , one party may terminate the agreement by giving the other party a one 1 year written notification of termination for cause cause being a material breach of this Agreement , as determined by a court of competent jurisdiction , which remains uncured for thirty 30 days after notice by the non - breaching party D Notices Any notices required to be given by this Agreement shall be deemed to have been sufficiently given if mailed by certified mail return receipt requested , postage prepaid , and addressed as follows Johnston County Attention County Manager Johnston County Courthouse 212 Market Street , PO Box 1049 Smithfield , NC 27577 City of Wilson Attention City Manager 112 Goldsboro Street Wilson , NC 27894 E Disputes and Defaults Any dispute between the City and County relating to or arising out of this Agreement , or any default of any of the terms of this Agreement , including but not limited to failure to pay rates and charges , a violation of any material provision of this Agreement , law , or regulation , shall be subject to the provisions of this provision 1 Either Party having a dispute with or alleging a default by the other Party shall notify the other Party in writing of the dispute or alleged default , which shall describe the nature of the dispute and the proposed remedy If default is alleged , the defaulting Party shall have the right to cure anyPage6146 November 5 , 2012 – 10 00 am Continued such default for a period of ninety 90 days This ninety 90 day right - to - cure period may be extended upon mutual agreement of the Parties 2 Within thirty 30 days after receipt of the Dispute Notice , or if default is alleged within thirty 30 days following the expiration of the right - to - cure period , authorized representatives of both Parties shall meet at a mutually acceptable location to discuss the dispute or alleged default The Parties shall negotiate in good faith in an attempt to resolve the dispute or alleged default If the dispute or alleged default is resolved at this step , the Parties will memorialize the agreement by a written determination of such resolution , signed by the designated representatives of the Parties 3 If the Parties cannot resolve the dispute or alleged default pursuant to the procedures described hereinabove within such thirty 30 day period , the matter shall be submitted to mediation conducted in accordance with Superior Court Rules for Mediated Settlement Conferences in NC Such mediation shall include all necessary parties and proceedings by consolidation to resolve the dispute 4 If the Parties cannot resolve the dispute pursuant to mediation , any Party may initiate a civil action for the resolution of such dispute or alleged default 5 If either Party institutes any action against the other relating to the provisions of this Agreement or any alleged default hereunder , the non - prevailing Party in such action or proceeding shall reimburse the prevailing Party for the reasonable expenses of such action or proceeding Subject to the provisions of local law , the prevailing Party shall recover all such fees , costs or disbursements as costs taxable by the court , arbiter or mediator in the action or proceeding itself without the necessity for a cross - action by the prevailing Party F Entire Agreement This writing embodies the entire agreement and understanding between the County and the City , and there are no other agreements or understandings , oral or written , with reference to the subject matter hereof that are not merged herein and superseded hereby G Binding Upon Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the County and the City and the successors and assigns of each H Amendment This Agreement shall not be modified , amended or changed in any respect except in writing , duly signed by the parties hereto , and each party hereby waives any right to amend this Agreement in any other way I Venue In the event any lawsuit arises out of this Agreement , venue for such action shall be proper in the Superior Courts of either Johnston or Wilson Counties IN WITNESS WHEREOF , Johnston County has caused this Agreement to be executed by its Manager and Clerk , acting under authority of the Board Commissioners of Johnston County , and the City of Wilson has caused this Agreement to be executed by its Manager and Clerk , acting under authority of the City Council of the City of Wilson Entered into this day and year first above written REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 69 69008104 County Capacity Fee 1,260,00000 TOTAL NET EXPENDITURES 1,260,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 69 690033990 Fund Balance Appropriated 1,260,00000 TOTAL NET REVENUE 1,260,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85111800 Construction 154,00000 20 85118104 Water Capacity Fee 496,00000 20 85119023 Transfer to Other Funds 650,00000 TOTAL NET EXPENDITURES 000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE TOTAL NET REVENUE 000Page7147 November 5 , 2012 – 10 00 am Continued REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85090406 Technical Services 10,00000 20 85091800 Construction 585,00000 20 85095599 Easements 5,00000 20 85097400 Capital Outlay 420,00000 20 85097406 Contingency 190,00000 20 85099023 Transfer to Other Funds 350,00000 TOTAL NET EXPENDITURES 000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE TOTAL NET REVENUE 000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 67 78108104 Water Capacity Fee 2,850,00000 TOTAL NET EXPENDITURES 2,850,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 67 781033990 Fund Balance Appropriated 590,00000 67 781036181 Capacity Fees 1,260,00000 67 781037925 Transfer from Other Funds 650,00000 67 781037925 Transfer from Other Funds 350,00000 TOTAL NET REVENUE 2,850,00000 10 Budget Revisions Finance Director Chad McLamb requested the Board to approve the budget revisions listed in the agenda packet and offered to answer any questions Commissioner Jeffrey P Carver moved the Board approve the following budget revisions , seconded by Commissioner Cookie Pope , and carried by unanimous vote Non - Departmental REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 46004906 Contracted Services 16,16300 TOTAL NET EXPENDITURES 16,16300 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 460032509 Insurance Recovery 16,16300 TOTAL NET REVENUE 16,16300 Soil & Water Conservation REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 58502111 Rent of Copy Machine 1,60000 TOTAL NET EXPENDITURES 1,60000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 585033099 Miscellaneous Revenue 1,60000Page8148 November 5 , 2012 – 10 00 am Continued TOTAL NET REVENUE 1,60000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51003100 Fuels 33007 10 51003300 Departmental Supplies 60329 10 51004300 Special Services 11563 10 51007414 Capital Outlay – Sheriff 231,87580 TOTAL NET EXPENDITURES 232,92479 REQUESTED CHANGE FUND