January 5, 2015 - 10:00 AM - County Board of Commissioners Meeting Minutes
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10 348 Meeting of the Johnston County Board of Commissioners January 5 , 2015 10 00 am The Johnston County Board of Commissioners met in regular session Monday , January 5 , 2015 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell called the meeting to order at 10 00 am Commissioner Ted G Godwin opened the meeting with a prayer Commissioner Jeffrey P Carver led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Commissioner DeVan Barbour moved the Board approve the consent agenda items Commissioner Allen L Mims , Jr stated he had thought about asking the Board to remove Item B – Department of Transportation – Additions to the System because the Commissioners have been receiving complaints from citizens regarding their road conditions Commissioner Mims continued that the complaints he has been getting are from citizens in subdivisions where their road conditions are deteriorating and they are being told by the Department of Transportation that there is no money to repair them He suggested having someone from the Department of Transportation attend the Board’s annual work session to discuss the matter Chairman Tony Braswell instructed staff to invite a Department of Transportation representative to the Board’s annual work session to talk about the issue Commissioner Mims seconded the motion to approve the consent agenda items as follows , and the vote carried unanimously A Approval of Minutes – December 1 , 2014 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 Brookstone Way and Silverside Drive – Brighton Ridge – Pleasant Grove Township Hibernia Court – Walkers Ridge Phase 5 – Section 3 – Cleveland Township Covert Drive , Box Grove Court , Mill Creek Drive SR 2698 ext , Hill Row Lane , Dunley Circle , Broomhill Court , Hocutt Farm Drive SR 2696 ext , Barrowby Drive , Hickory Ridge Lane , and Summerset Court – Mill Creek West – Wilders Township Holly Ridge Court , Kingsbury Court , North Farm Drive SR 2695 ext , Anderby Drive , Cedar Grove Court , Millwood Drive , Westcote Lane , and Greenfield Lane – North Farm – Wilders TownshipPage349 January 5 , 2015 – 10 00 am Continued C Town of Clayton – Appointments to Planning Board and Board of Adjustment Per the request of the Town of Clayton , the Board made the following appointments representing the ETJ area of the Town Planning Board Franklin R Price , 107 Stone Lane , Clayton term expiring 12 31 2017 Marty D Bizzell , 1026 Brookhill Drive , Clayton term expiring 12 31 2017 Board of Adjustment Donna White , 1330 West Main Street , Clayton term expiring 12 31 2017 D Resolution Declaring Personal Property as Surplus and Authorizing the Sale by Electronic Public Auction The Board adopted the following resolution declaring certain items to be surplus and to authorize the County Manager or his designee to arrange for their sale by electronic auction at GovDealscom RESOLUTION DECLARING PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING THE SALE OF SURPLUS PROPERTY BY ELECTRONIC PUBLIC AUCTION WHEREAS , Johnston County owns the equipment as itemized on the attached Exhibit A , hereinafter referred to as “ surplus property ” , that is either obsolete or no longer needed for any governmental use by the County ; and WHEREAS , the Johnston County Board of Commissioners is desirous of declaring the equipment as surplus and selling at an electronic public auction as authorized by NCGS 160A - 270 ; and NOW , THEREFORE , BE IT RESOLVED , by the Johnston County Board of Commissioners as follows 1 The equipment itemized in the attached Exhibit A is hereby declared to be surplus property ; 2 The County Manager or his designee is hereby authorized to sell by electronic public auction the surplus property described in Exhibit A to the highest bidder The auction will begin on January 20 , 2015 at 8 00 am and end on March 31 , 2015 at 5 00 pm via electronic public auction on GovDeals – wwwgovdealscom , said electronic address being where the information about the property to be sold can be found and where electronic bids may be posted ; 3 All surplus property will be sold “ as is ” , all sales final , cash , certified check , or money order only Johnston County makes no express or implied warranties of merchantability of any surplus property , or part thereof , or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof and that Johnston County reserves the right to reject any and all bids or remove the property from auction at anytime ; and 4 A notice summarizing this Resolution and the sale of the surplus property by electronic public auction shall be published solely by electronic means by the Clerk to the Board on the County’s website at wwwJohnstonNCcom at least ten 10 days prior to the public auction th Adopted this the 5 day of January , 2015 E Resolution of Appointment – Chief Map and Plat Review Officer The Board adopted the following resolution of appointment for the Johnston County Chief Map and Plat Review Officer Johnston County Board of Commissioners RESOLUTION OF APPOINTMENT th WHEREAS , NC Senate Bill 875 , ratified the 8 day of July , 1997 , revised Article 2 of Chapter 47 of the NC General Statutes by adding section 47 - 302 to require the Board of Commissioners of each county to designate by name one or more persons as a Review Officer to review each map and plat required to be submitted for review before recordation by the Register of Deeds ; and WHEREAS , the Johnston County Board of Commissioners has reviewed the requirements for this position and discussed the qualifications needed to perform this duty NOW , THEREFORE , the Johnston County Board of Commissioners does hereby appoint Stephanie Richter of the Johnston County Planning Department as the Chief Johnston County Map and Plat Review Officer th Adopted this the 5 day of January , 2015 Page350 January 5 , 2015 – 10 00 am Continued F Approval of Master Equipment Lease Agreement and Property Schedule for Technology Services – Information Technology Refresh Project The Board approved a Master Equipment Lease Agreement and Property Schedule for Technology Services between the County and Key Government Finance for an information technology refresh project Note Agreement is on file in the Technology Services Department G Tax Releases & Refunds – 11 16 2014 – 12 14 2014 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2013 1307 - 583465 1304 - 601656 RIGDON , JEFFREY WAYNE Overpayment 13300 2013 1312 - 645691 1309 - 668845 JOHNSON , ERICA JANAY Overpayment 12292 2012 1305 - 548633 1302 - 570874 MILLER , RON LEE Release 27530 2013 1309 - 605961 1306 - 623770 PARROTT , BRIAN MATTHEW Overpayment 11082 2012 1306 - 560090 1303 - 586867 LAMBERT , KEVIN MICHAEL Overpayment 18136 2013 1308 - 589473 1305 - 619076 LUCAS , LORI BETH Overpayment 15293 2013 1402 - 648212 1311 - 670411 STAUFFER , JR , GRANT EDWARD Overpayment 20498 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 11 17 2014 10 12 27 AM dwoodward2 2014 - 71676 2000169315 PERALTA ALVARADO , WILFRIDO 71392 11 17 2014 12 58 45 PM ghermane 2014 - 41341 2000166069 HINTON , WALTER JUNIOR 47158 11 18 2014 8 24 47 AM ghermane 2014 - 35803 2000123763 GOWER , GREG 10898 11 18 2014 8 52 46 AM ghermane 2014 - 50111 2000164664 K D MURPHY FITNESS CORP 2,05398 11 18 2014 9 09 04 AM ghermane 2014 - 27873 2000172331 LEE , JACQUELINE D 19026 11 18 2014 9 18 11 AM ghermane 2014 - 201587 2000100217 MOBILE FLEET SVC INC 15167 11 18 2014 9 25 11 AM ghermane 2014 - 201588 2000100217 MOBILE FLEET SVC INC 25295 11 18 2014 9 28 25 AM ghermane 2014 - 201589 2000100217 MOBILE FLEET SVC INC 45799 11 18 2014 9 34 42 AM ghermane 2014 - 201590 2000100217 MOBILE FLEET SVC INC 60382 11 18 2014 9 37 35 AM ghermane 2014 - 201591 2000100217 MOBILE FLEET SVC INC 77320 11 18 2014 9 39 12 AM ghermane 2014 - 201592 2000100217 MOBILE FLEET SVC INC 93879 11 26 2014 9 07 05 AM cfutch 2014 - 47636 2000162438 JOHNSON , MARGIE 15720 12 3 2014 4 40 38 PM ghermane 2014 - 54765 2000034951 LEE , JEFFERY C FARMS INC 59966 12 9 2014 12 47 24 PM cfutch 2014 - 70414 2000077594 PARROTT , BRODERICK 2,42298 12 12 2014 8 09 09 AM ghermane 2014 - 201865 2000178348 LASTER , QUANEISHA TAVETTE 25740 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 11 18 2014 12 21 56 PM blbarbour 2014 - 23481 2000056490 CRUMPLER , BEN CALVIN 17205 11 19 2014 7 53 51 AM CORE 2014 - 102367 2000063496 341 SONNY ROAD LLC 34100 11 19 2014 7 53 51 AM CORE 2014 - 2314 2000154582 ALLEN , STEPHEN 1,31706 11 19 2014 7 53 51 AM CORE 2014 - 3614 2000112957 ARAGON , MARLON RICARDO 1,21098 11 19 2014 7 53 51 AM CORE 2014 - 5398 2000045313 BAIN , DAVID ALFRED JR 1,00747 11 19 2014 7 53 51 AM CORE 2014 - 7968 2000139200 BASS , BRIAN LEE 1,71472 11 19 2014 7 53 51 AM CORE 2014 - 8926 2000150385 BECHDOLT , CONNIE 1,19522 11 19 2014 7 53 51 AM CORE 2014 - 9836 2000155102 BETANCOURT , MARK A 2,05524 11 19 2014 7 53 51 AM CORE 2014 - 10100 2000126058 BITTLE , JAMIE C 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2014 7 53 51 AM CORE 2014 - 77562 2000050042 RINGGOLD , JAMES M 23122 11 19 2014 7 53 51 AM CORE 2014 - 78013 2000172624 ROBERTS , RYAN 32718 CHRISTOPHER 11 19 2014 7 53 51 AM CORE 2014 - 78184 2000100265 ROCHA , FELIX 92675 11 19 2014 7 53 51 AM CORE 2014 - 78631 2000151707 ROSE , BENJAMIN N 29056 11 19 2014 7 53 51 AM CORE 2014 - 289 2000163118 ROYAL OAKS BUILDING GROUP 57420 LLC 11 19 2014 7 53 51 AM CORE 2014 - 80338 2000122632 SANEZ , BENJAMIN G 1,34872 11 19 2014 7 53 51 AM CORE 2014 - 80940 2000114801 SCHNEPPER , RICHARD L 2,04025 11 19 2014 7 53 51 AM CORE 2014 - 81439 2000156515 SECRETARY OF HOUSING AND 2,27331 URBAN 11 19 2014 7 53 51 AM CORE 2014 - 82718 2000154189 SINGLETARY , LEON SCOTT 1,47345PagePage pageNumber5352 January 5 , 2015 – 10 00 am Continued 11 19 2014 7 53 51 AM CORE 2014 - 83127 2000044971 SMITH , CYNTHIA MARIE 49669 11 19 2014 7 53 51 AM CORE 2014 - 83481 2000163074 SMITH , JUSTIN KYLE 85888 11 19 2014 7 53 51 AM CORE 2014 - 85098 2000100528 SPRY , PHILIP J 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, JOHN R 3,49022 11 25 2014 10 47 01 AM LRTA 2014 - 93676 2000135735 VENTURELLA , GEORGE J 3,59833 11 26 2014 11 00 29 AM blbarbour 2014 - 7397 2000107899 BARNES , ALLISON ERWIN 92317 11 26 2014 2 28 16 PM LOCKBOX 2014 - 64572 62218040 MORGAN , KELVIN BLANE 18905 12 1 2014 2 20 42 PM LOCKBOX 2014 - 6723 2000162486 BARDEN , GINA 1,61280 12 1 2014 2 20 42 PM LOCKBOX 2014 - 57628 2000160713 M & R LAND LLC 76092 12 1 2014 2 20 42 PM LOCKBOX 2014 - 57630 2000164205 M & R LAND LLC 2,68481 12 2 2014 11 07 49 AM blbarbour 2014 - 12620 2000168500 BRAY , DEBORAH A 1,51447 12 2 2014 12 10 10 PM blbarbour 2014 - 71908 2000079528 PERRY , JOHN 91465 12 2 2014 3 41 43 PM LOCKBOX 2014 - 87257 2000134433 STEWART , WADE M 16827 12 4 2014 9 52 41 AM astancil 2014 - 36001 2000159651 GRANITE LAND AND TIMBER 74293 LLC 12 4 2014 2 41 23 PM LOCKBOX 2014 - 31393 2000040261 FINK , JERRY D 1,41356 12 4 2014 2 41 23 PM LOCKBOX 2013 - 56815 2000148672 MAHLER , REBECCA ANN 47180PagePage pageNumber6353 January 5 , 2015 – 10 00 am Continued 12 5 2014 1 06 05 PM astancil 2014 - 55022 2000163541 LEE , MARIE 65546 12 8 2014 12 36 42 PM jmorrow 2014 - 102817 2000161352 LIGHTHOUSE CLEVELAND 29838 SPGS LLC 12 8 2014 2 24 55 PM jgreene 2014 - 34240 2000087073 GIBBS , KELVIN THOMAS 15130 12 8 2014 2 33 01 PM jgreene 2014 - 94706 2000173350 WALLS , KIMBERLY Q 96920 12 9 2014 2 18 52 PM SECU 2014 - 37556 2000162008 HALE , TIMOTHY RAY 78725 12 9 2014 2 18 52 PM SECU 2014 - 37602 2000062885 HALES , HERBERT L II 57184 12 9 2014 2 18 52 PM SECU 2014 - 47725 2000126467 JOHNSON , MICHAEL L 70022 12 9 2014 2 18 52 PM SECU 2014 - 49210 2000064076 JONES , JOY ANITA 1,20901 12 9 2014 2 18 52 PM SECU 2014 - 71833 2000172764 MCCLAMROCH , JOHN A SR 41160 12 9 2014 2 18 52 PM SECU 2014 - 68976 2000059677 PALMER , PHYLLIS E 1,27083 12 9 2014 2 18 52 PM SECU 2014 - 78699 2000123498 ROSE , LESSIE B 47536 12 9 2014 2 18 52 PM SECU 2014 - 92529 2000153832 TURNER , NOAH HILTON 16368 12 9 2014 2 18 52 PM SECU 2014 - 93863 2000122994 VINCENT , MICHAEL J 26775 12 9 2014 2 18 52 PM SECU 2014 - 97929 2000048644 WILKINS , LOIS D 1,24899 12 9 2014 2 50 08 PM LGFCU 2014 - 25681 2000172218 DELISLE , PAMELA JEAN 71206 12 9 2014 2 50 08 PM LGFCU 2014 - 59311 2000159397 MASSENGILL , ROBERT RYAN 58410 12 9 2014 2 50 08 PM LGFCU 2014 - 85749 2000123823 STANLEY , DUSTIN 10390 12 9 2014 2 50 08 PM LGFCU 2014 - 95285 2000161676 WATKINS , JOSEPH LEE 82112 12 9 2014 2 52 34 PM jevans 2014 - 201042 2000159397 MASSENGILL , ROBERT RYAN 38700 12 10 2014 4 21 57 PM LOCKBOX 2014 - 41099 2000035455 HINNANT , GREGORY B 3,79758 12 11 2014 1 09 10 PM blbarbour 2014 - 37071 2000115763 GULVIN , JAMES H 35406 12 11 2014 3 51 07 PM LOCKBOX 2013 - 65143 2000115682 NELSON , LINDA 1,47811 12 11 2014 3 51 07 PM LOCKBOX 2014 - 79490 2000157857 RUTTING IRON LLC 3,55296 12 12 2014 2 00 29 PM blbarbour 2014 - 82823 2000128815 SKINNER , THEODORE M 10000 12 12 2014 2 10 52 PM LOCKBOX 2014 - 26754 2000081482 DLW PROPERTIES LLC 1,65161 12 12 2014 2 10 52 PM LOCKBOX 2014 - 75654 2000127087 RAPALJE , KARLA RAE 2,15699 12 12 2014 2 10 52 PM LOCKBOX 2014 - 96847 2000075676 WHITE , DONALD L 1,71542 12 12 2014 2 10 52 PM LOCKBOX 2014 - 96848 2000075676 WHITE , DONALD L 1,57214 12 12 2014 2 22 33 PM jmorrow 2014 - 70559 2000096559 PATE , STEPHEN HAROLD 10000 12 12 2014 2 34 43 PM jmorrow 2013 - 43782 2000083120 IVEY , WENDY 14430 North Carolina Vehicle Tax System - Pending Refund Report – November 2014 100 + Name Bill # Transaction # Refund Reason Amount Gill , Billy 0023256136 19974236 Adjustment 31233 Pate , Jennifer 0021488539 20123566 Military 11108 December 15 , 2014 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 , Sheila Garner A complete record of this information is on file in the County Finance Office Totals from 11 16 14 to 12 15 14 Tax refunds - Personal Real Property 71451 Tax releases - Personal Real Property 70323 Motor Vehicle releases refunds 90066 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A Citizen Comments – Funding for JCATS Ms Minnie Feaster , 212 Parkside Village Drive , Clayton , addressed the Board regarding funding for JCATS Ms Feaster spoke on the number of rides that have been denied to people and how important the service is to the citizens that need it Ms Feaster stated she is representing those that have been denied 1,700 rides on the JCATS system in the past year Ms Feaster shared her personal experience with the Board following her recovery from a stroke and how she utilized JCATS which allowed her to enjoy living again Ms Feaster referenced a recent article in The Smithfield Herald that reported rides are being denied because of funding problems Ms Feaster stated she believes the residents of Johnston County elected County Commissioners who are fiscally conscious as well as compassionate and she asked the Board to consider allocating more funding for JCATS so rides will not be denied Ms Feaster stated she realizes that budgets andPagePage pageNumber7354 January 5 , 2015 – 10 00 am Continued funding requests involve making difficult decisions , but she feels there has to be a way to find more funding for JCATS Ms Feaster implored the Commissioners to look into the situation Chairman Tony Braswell asked the County Manager to share an overview of how JCATS is funded County Manager Rick Hester stated JCATS operates under the umbrella of the Community & Senior Services Agency which although Johnston County considers them a partner in providing services to citizens , they are not an actual county government agency Mr Hester continued each year in the budget the Commissioners provide an allocation to JCATS which serves as the match for larger State and Federal grant monies Ms Marianne Hunt , 612 Parkside Village Drive , Clayton , addressed the Board and spoke on her experiences with JCATS and being denied service Ms Hunt explained that she is dependent on JCATS for transportation in that she is blind and cannot often find rides anywhere else Ms Hunt also stated she did not understand the difference in how Medicare versus Medicaid clients are treated when it comes to receiving rides from JCATS Commissioner Allen L Mims , Jr noted the State decides how much grant funding JCATS will receive each year and the County provides the match for those grants which is based on a percentage of the overall grant funding from the State At the request of the Commissioners , Community & Senior Services Director Neal Davis spoke on the JCATS situation Mr Davis agreed with the concerns of both Ms Feaster and Ms Hunt stating the State and Federal grant funding has continued to decline over the years and it is difficult to meet the increased demands Mr Davis explained their primary grant , which is the Rural Operating Assistance Program Grant , has been reduced 17 this year and is down 26 from where it was five years ago He stated their capital and administration grant has been capped for several years even though the cost of providing services has continued to rise Mr Davis stated Johnston County is not unique to the problem and it is a problem for most counties in North Carolina Mr Davis explained how JCATS decides who will receive rides each day noting there are specific guidelines that accompany the grants He stated they also must place emphasis on life - sustaining needs first , but they treat all requests as important and try to accommodate citizens as much as they can Mr Davis stated it also depends on the particular routes each day and he empathizes with those that are denied Commissioner Chad M Stewart asked Mr Davis if there are any solutions he sees to the problems to help citizens like Ms Hunt and Ms Feaster Mr Davis reported he is working on proposals for his Transportation Advisory Board in an effort to identify scenarios and he would welcome sharing that information with the Board of Commissioners as well as any of the Towns to see if something can be worked out , but he noted it all comes down to money Following further discussion , Chairman Tony Braswell stated he along with the County Manager would be attending the upcoming Legislative Goals Conference this month and because this issue is not unique to Johnston County , they would try to get the funding concerns included as one of the legislative goals Commissioner Cookie Pope also asked the Chairman and Vice Chairman to share the concerns with the delegation in Washington DC during their visit in February 4 Public Hearing – Community Development Block Grant Project 10 - C - 2212 Closeout Advertised – The Smithfield Herald – December 24 , 2014 The Chairman opened the public hearing Grants Consultant Skip Green stated the purpose of the public hearing is to allow citizen input on the completed Community Development Block Grant CDBG - Housing Development Project 10 - C - 2212 that assisted in the construction of public infrastructure water and sewer improvements that benefited the Glenwood Meadows Development a 54 unit low moderate housing development described as Johnston County’s “ Brookside Landing Infrastructure Project ” as part of CDBG program “ Close - out ” activities Mr Green stated the project has been completed , the development is occupied , and the low to moderate income requirementsPagePage pageNumber8355 January 5 , 2015 – 10 00 am Continued have been met He asked once all public comments are received for the Board to adopt a Program Income Plan for the project as part of the requirements needed to close - out the project Chairman Tony Braswell called for anyone else present that wished to address the Board on the project to come forward There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following Program Income Plan Brookside Landing CDBG Project # 10 - C - 2212 Program Income Utilization Plan WHEREAS , the Johnston County Board of County Commissioners has executed a Housing Development Agreement dated February 25 , 2014 with the Johnston County MMR Limited Partnership Developer with a Promissory Note executed by the Developer dated February 25 , 2014 whose obligations include “ FOR VALUE RECEIVED , the undersigned , JOHNSTON COUNTY MMR LIMITED PARTNERSHIP , a North Carolina limited partnership “ Maker ” , promises to pay the order of JOHNSTON COUNTY , NORTH CAROLINA , a North Carolina body corporate and politic “ Holder ” , at 212 E Market Street , PO Box 1049 , Smithfield , NC 27577 , or at such place as the Holder may from time to time designate in writing , the principal sum of Two Hundred Fifty Thousand and 00 100 Dollars 250,000 the “ Loan ” Interest shall accrue on the unpaid principal balance outstanding under this Note from the date of this Note until this Note is paid in full , at an annual rate of interest equal to zero percent 0 All outstanding principal and interest shall be repaid in one balloon payment on December 31 , 2038 WHEREAS , the source of the Developer loan is a 250,000 Small Cities Community Development Block Grant CDBG grant that was made to Johnston County and the repayment of the loan will result in CDBG Program Income WHEREAS , the CDBG program requires a grant recipient whose project will generate program income to have a plan to use program income NOW , THEREFORE BE IT RESOLVED , by the Johnston County Board of County Commissioners in anticipation of receiving program income that the following plan be adopted 1 A “ CDBG Project # 10 - C - 2212 Program Income Account ” be set up in the Johnston County Public Utilities Department budget 2 When the 250,000 loan is repaid as per the Promissory Note , loan proceeds will be placed in the “ CDBG Project # 10 - C - 2212 Program Income Account ” 3 Funds placed in the “ CDBG Project # 10 - C - 2212 Program Income Account ” will be used by the Public Utilities Department toward the construction cost of water and or sewer projects a that will provide at least a 51 benefit to residents having incomes 80 or less than Johnston County’s median household income based on family size , and or b that will benefit businesses that are creating new jobs and that at least 51 of the new jobs being created will be filled by individuals having prior to employment incomes 80 or less than Johnston County’s median household income based on family size Adopted January 5 , 2015 5 “ State of the County ” Address by Chairman Tony Braswell Chairman Tony Braswell presented the following “ State of the County ” address 2015 State of the County Address Johnston County , North Carolina I would like to thank the Board of County Commissioners for their confidence in me to lead this Board I want to also thank Commissioner Carver for his leadership this past year I would like to take a moment and review some of the accomplishments of the past year The County is financially sound Our Board has a financial policy and we are meeting that policy Our conservative approach will continue as we carry out our responsibility as guardians of the taxpayers ’ dollars We hosted the bond rating agencies last winter to showcase the County Johnston County is one bond rating upgrade from being rated AAA with Standard and Poors and two upgrades from being rated AAA with Moody’s We feel we are deserving of a bond rating upgrade in 2015 , and will do everything within our control to make that a reality Our next conversation with the bond rating agencies will occur this spring when we sell the second set of general obligation bonds from the 2013 bond referendum PagePage pageNumber9356 January 5 , 2015 – 10 00 am Continued One initiative that is near and dear to our hearts is the Johnston County Teen Driver program We continue to be so proud of the Johnston County Teen Driving Safety Committee and JoCo Teen Drivers Because of the success of this initiative , adult and student leaders gave a presentation at the fall 2014 North Carolina Association of County Commissioners Conference in Asheville , North Carolina We have received positive feedback from this presentation and have even had a couple counties in North Carolina request more information from us regarding the program We are excited about our Economic Development program The office recently moved to the new Johnston Regional Airport We will continue to be aggressive with not only recruiting industry , but also assisting our current industry partners Also , the first economic development strategic plan was completed during the past year We amended our cell tower ordinances to make Johnston County more attractive for new towers so our citizens can have the kind of service they deserve We established a recreation and open space funds disbursement policy and approved more than 400,000 in projects for municipalities and rural athletic associations In 2015 , the Board will continue to work hard to make Johnston County all it can be for our citizens As we have stated in the past , the Johnston County Commissioners are in the customer service business and I challenge the County Manager and all County agencies to continue providing great customer service Further , we enjoy a great working relationship with Johnston County Schools and Johnston Community College and that will continue as we all work together to find solutions to the growing demands I’m sure everyone on this Board will agree that we need to stay aggressive with economic development efforts We need to continue supporting agriculture in Johnston County It is , and has always been , the backbone of our local economy We will continue to explore drinking water options for the citizens in the County I would also ask Board members to continue sharing our legislative priorities with our delegation in Raleigh and Washington DC Thanks to fellow Board members for your dedication individually and collectively Tony Braswell Chairman , Johnston County Board of Commissioners January 5 , 2015 6 Archer Lodge Fire Department – Approval of Tax Exempt Loan Status County Finance Director and Assistant County Manager Chad McLamb explained that the Archer Lodge Fire Department is requesting the Board to grant them tax exempt loan status so they can borrow 773,000 from Four Oaks Bank & Trust for the construction of a 7,875 square foot addition to their existing fire station at an interest rate of 229 fixed , 18 month interest only construction phase followed by an 84 month amortized loan Mr McLamb stated he has reviewed the financing proposals and recommends the proposal from Four Oaks Bank & Trust Commissioner Chad M Stewart reported he met with representatives from Archer Lodge Fire Department who outlined the project with him Commissioner Stewart stated this will be a good project for the fire department and he supports it Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board adopted the following resolution granting the Archer Lodge Fire Department tax exempt loan status NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Archer Lodge Fire Department of Johnston County , North Carolina the “ VFD ” , from Four Oaks Bank & Trust in an amount up to 773,00000 for the construction of a 7,875 sq ft addition to their existing station RESOLVED , FURTHER , that the approval of the loan to the VFD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the VFDPage0357 January 5 , 2015 – 10 00 am Continued because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , as amended , and such approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt th Duly certified by the execution hereof and the placement hereon of the seal of said county , this 5 day of January , 2015 7 Presentation of Audit Report for Year Ending June 30 , 2014 Alan Thompson , with Thompson , Price , Scott , Adams & Co PA , presented the audit report for the fiscal year ending June 30 , 2014 Mr Thompson complimented Johnston County on the exceptional tax collection rate noting the rate continues to be a model for the State He also complimented the Finance staff for their continued excellent work noting the Finance Department went through a software change in 2014 and came through the transition successfully Mr Thompson stated the County continues to be sound and the Fund Balance is above the required percentage in the adopted financial policy guidelines Mr Thompson stated his firm issued unmodified reports or “ clean reports ” not only on the financial statements but also on the compliance portions Mr Thompson stated there were no significant audit findings He continued that no difficulties were encountered while performing the audit , there were no disagreements with management , management did provide a representation letter , and management did not consult with any outside auditors Mr Thompson continued his presentation by reviewing a summary of the financial information with the Board from 2010 to 2014 , as follows Page1358 January 5 , 2015 – 10 00 am Continued Mr Thompson complimented the County on increasing Fund Balance from 1380 in 2010 to 1807 in 2014 , stating this is a big accomplishment Mr Thompson again spoke on the tax collection rate noting Johnston County stands at the top for collecting taxes Mr Thompson stated the County has been able to decrease the debt in the amount of approximately 66 million since 2010 which is to be commended He continued his presentation with the following graphs and charts Page2359 January 5 , 2015 – 10 00 am ContinuedPage3360 January 5 , 2015 – 10 00 am ContinuedPage4361 January 5 , 2015 – 10 00 am ContinuedPage5362 January 5 , 2015 – 10 00 am Continued Mr Thompson offered to answer any questions Page6363 January 5 , 2015 – 10 00 am Continued Commissioner Cookie Pope expressed her appreciation to the citizens of Johnston County for having enough confidence in their government to pay their taxes on time She stated without the citizens paying their taxes , the collection rate would not be as good as it is Finance Director and Assistant County Manager Chad McLamb stated with the software transition that Finance went through in 2014 , he asked a lot more of Mr Thompson and his firm to complete the audit this year and he sincerely appreciates their work and assistance Mr McLamb also complimented the Finance staff on their hard work Mr McLamb noted the audit is in draft form and once the Local Government Commission approves the audit final copies will be delivered to the Commissioners Commissioner Cookie Pope moved the Board accept the audit as presented for fiscal year ending June 30 , 2014 Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 8 Tax Appeal – Daniel I Jones Tax Administrator Sheila Garner presented to the Board a request from Mr Dan Jones for a refund of property tax pursuant to North Carolina General Statute § 105 - 381 Ms Garner explained that pursuant to North Carolina General Statute § 105 - 381 , “ Action of Governing Body ” provides that “ upon receiving a taxpayer’s written statement of defense and request for a release or refund , the governing body of the taxing unit shall within 90 days after receipt of such request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the correct liability or notify the taxpayer in writing that no release or refund will be made ” Ms Garner reported in this case , the taxpayer has requested a refund for tax years 2010 - 2014 She stated the taxpayer claims that the Tax Office overstated the square footage and appraised value of his house since 1987 Denial of this application for refund will result in no reduction of monies from the County and the Town of Smithfield Ms Garner stated based on the taxpayer’s calculations and request , approval of this request would result in a reduction of monies from the County and the Town of Smithfield for the total of all refund years in the amount of 1,32640 plus interest of 15919 However , Ms Garner noted the Tax Office reviewed the request and in going back and looking at the calculation as a difference of value based on the square footage from the Tax Office , approval of the request would result in a reduction of monies from the County and the Town of Smithfield for a total of all refund years in the amount of 43754 Ms Garner stated she has had the opportunity to review the information submitted by the taxpayer and as allowed by law , recommends approval of a refund for the current tax year only in the amount of 8640 and denial of a refund for 2010 through 2013 on the basis that the tax is not an illegal tax or one which was imposed by clerical error Ms Garner stated the issue was an unintended statement of fact in the appraisal process that should be corrected in the current and subsequent years Dan Jones , 314 Meridian Drive , Garner in Johnston County , addressed the Board Mr Jones stated he would appreciate the Board’s consideration of his request for reimbursement of overpaid property taxes on his house located at 1107 S Walnut Drive in Smithfield Mr Jones explained that while the house was in the process of being sold , the buyer’s financing bank required an independent appraisal by a State certified appraiser Mr Jones reported the appraiser , Thad Avent , notified him that according to Johnston County tax records the square footage of the house was listed at 1,772 square feet , but according to Mr Avent’s calculations the house is actually 1,540 square feet which caused the tax value to be overstated and property taxes to be overpaid Mr Jones also noted the overstatement affected the bank’s loan value and selling price on the home Mr Jones stated he contacted Ms Garner in the Tax Office who informed him that the house was listed on the County tax records at 1,772 square feet since the revaluation in 2003 and most likely had been since its construction since 1987 He stated Ms Garner told him she would have a County appraiser re - measure the house but that any corrections would be made on future tax records only A request for reimbursement would have to be made in writing to the County Manager for consideration by the Board of Commissioners Mr Jones stated Ms Garner later informed him that she was recommending the County not reimburse a portion of the overpaid taxes based on a legal interpretation of NCGS 105 - 381 and a Wake County court decision which allowed a reimbursement for clerical error but not for a professional measurement error Mr Jones stated the error is an overstatement of 232 square feet and is the equivalent of two additional small bedrooms or an additional larger living room or bonus room and is over 15 of the actual square footage of the house Mr Jones stated it is doubtful that an individual who measures property for the County would overstate the square footage by that much and it is much more likely that a clerical input error was made whenPage7364 January 5 , 2015 – 10 00 am Continued the square footage was originally recorded Mr Jones noted also that the annual Johnston County tax notices do not list the square footage of houses so property owners are not aware of possible overstatements unless they specifically go online to access the tax records ; therefore , when citizens receives their notice , they assume it is correct Mr Jones stated although he has likely overpaid property taxes since 1987 , he is requesting the Board to approve a reimbursement for the portion of overpaid property taxes for a period of five years plus interest pursuant to NCGS 105 - 381 At the inquiry of Commissioner Ted G Godwin , Mr Jones stated according to the County’s records the tax value for this year as received on his tax notice was 166,150 and according to the independent appraisal by Mr Avent , the value was 146,500 , leaving a difference of 19,650 Commissioner DeVan Barbour asked Ms Garner if during revaluation is there any kind of verification process that goes out and checks for things like this Ms Garner stated when a structure is built the Tax Office visits the property and takes outside measurements of the structure She stated once a property is measured unless there is an addition , typically the Tax Office only checks on the condition of the property or to see if anything has changed during a revaluation During the 2003 revaluation measurements were verified on two sides of the structure if they appeared to be incorrect Commissioner Barbour asked if the records were available from 1987 in order to go back and verify if there was a clerical input error as Mr Jones has suggested Ms Garner stated by law the County is only required to keep records for ten years She stated they have the records dating back to the 1995 revaluation and she verified the square footage was the same at that time Ms Garner stated the Register of Deeds would not have the square footage information and the initial input would have come from the work documents when staff initially measured the property Commissioner Barbour stated it appears that either there was a mis - measurement or the information was not inputted correctly into the system Upon a question by Commissioner Allen L Mims , Jr , Mr Jones stated he had the home constructed in 1987 and he believes it was constructed at approximately 1,540 square feet at that time Mr Jones stated he recently sold the property which was when he discovered the square footage had been misstated all these years At the inquiry of Chairman Tony Braswell , County Attorney Jennifer Slusser stated in looking at the issue of whether or not it is a clerical error , the burden of proof is on the taxpayer Commissioner Jeffrey P Carver asked what has been done in the past on such situations Ms Garner stated for past situations the Tax Office corrects the mistake and goes forward Ms Garner noted Johnston County is not unique in this type of problem and she shared information with the Board from the School of Government that read , “ very few appraisals are based on actual physical inspections of the property at issue and instead assessors rely on the mass appraisal process which requires countless judgment calls about the specific physical features and their market value If we open up one of those judgment calls to retroactive review for five years under GS 105 - 381 , we would do serious harm to the finality of our local government tax bases and without that finality budgeting for local governments would become far more difficult than it already is ” Ms Garner stated it is not uncommon for a fee appraisal and a tax appraisal to have discrepancies in square footage because tax appraisals are based on outside measurements Ms Garner also noted because the Tax Office does not go inside homes , many times there may be discrepancies between the actual square footage and taxed square footage of the upstairs or bonus areas Commissioner Barbour stated he understands there will be differences , but that 15 is a big difference in his opinion Upon questions by Chairman Braswell , Ms Garner confirmed the Board of Commissioners has just started hearing these types of appeals and prior to that the Board of Equalization and Review heard the requests Ms Garner stated to her knowledge she does not believe the Board of Equalization & Review approved any refunds because it goes back to the Board being personally responsible for any refunds made in error according to statute Page8365 January 5 , 2015 – 10 00 am Continued Commissioner Carver stated he can sympathize with Mr Jones ; however , he expressed concerns that by approving the request , the Board would be setting a new precedent Commissioner Carver suggested perhaps taking the request under advisement to review it further Commissioner Carver noted that he has seen appraisals from many different appraisers and they rarely agree with each other At the inquiry of Commissioner Mims , Ms Garner confirmed the Tax Office receives the square footage information from the building permit at the time of construction She stated she is unaware of any improvements to the property in question that have been made since the original construction in 1987 Ms Garner cautioned that the Tax Office cannot always rely on the square footage information from the building permit and explained the builder does not always build the home to meet the building plans during the construction process Commissioner Barbour stated this is a difficult decision for him in that he understands what Commissioner Carver is saying about setting precedents ; however , he believes this was an error and citizens have to have a certain amount of faith and confidence that what their government is doing is right Commissioner Chad M Stewart noted the County was praised for its tax collection rate during the audit presentation and as Commissioner Cookie Pope pointed out , part of that high collection rate is due to the citizens ’ trust in the Tax Department so he would like to make sure everything is done to not lose that trust Commissioner Pope agreed with Commissioner Stewart’s comments Ms Garner offered to research the matter further if the Board would prefer Chairman Braswell stated the Board has four options to consider 1 take the request under advisement ; 2 refund the amount Mr Jones requested ; 3 refund the amount staff has recommended ; or 4 refund nothing Commissioner Allen L Mims , Jr moved the Board accept the Tax Administrator’s recommendation and approve a refund in the amount of 8640 for the current tax year only Commissioner Jeffrey P Carver seconded the motion which carried by the following vote Ayes Commissioners Tony Braswell , Allen L Mims , Jr , Jeffrey P Carver and Ted G Godwin Nays Commissioners DeVan Barbour , Cookie Pope , and Chad M Stewart 9 Department of Social Services – Additional Income Maintenance Positions Office Space Director of Social Services Tina Corbett and Income Maintenance Program Administrator Allison Smith addressed the Board Ms Corbett requested the Board to consider approving additional Income Maintenance Caseworker positions as well as look at additional office space for DSS Ms Corbett reported DSS currently occupies three buildings and they are completed maxed out for space in all three buildings She noted they presently have 18 Income Maintenance Caseworkers all working together in a conference room on folding tables because there is no more space and it has been that way since February of 2014 Ms Corbett reported they have been looking at available space nearby and she would like for the Board to review those options Ms Corbett continued the State recently did a comparison for all 100 counties in North Carolina to look at their workload versus staff levels and the assessment showed that Johnston County needs 100 additional Income Maintenance Caseworkers She stated in January 2014 DSS agencies were able to receive enhanced funding for Medicaid work completed in the NC FAST System This enhanced funding changed the matching rate from the traditional 50 Federal and 50 County to 75 Federal and 25 County Ms Corbett reported counties are being encouraged to use this additional funding to increase staff numbers to offset the workload Ms Corbett stated at this point , she is requesting the Board of Commissioners to approve 40 new Income Maintenance Caseworkers to help meet the workload and deadlines Ms Corbett spoke on her existing staff noting she is very proud of their hard work and accomplishments over the past year She noted DSS had to implement mandatory 4 hour per week overtime two years ago and just recently had to increase that amount to 8 hours per week and they are still not able to complete all the work in a timely manner Ms Corbett stated the issue is if DSS is not staffed at a level to meet the caseloads , then when citizens go to the doctor or the pharmacy , they may find that their benefits have expired She noted they have already been experiencing such instances which she understands is extremely frustrating for the citizen Page9366 January 5 , 2015 – 10 00 am Continued Ms Corbett reiterated she is proud of what the existing staff has been able to accomplish but they are being encouraged to use the new funding formula to increase the staff levels Chairman Tony Braswell suggested the Board discuss the additional Income Maintenance Caseworkers but take up the matter of additional space needs during closed session Upon questions by Chairman Braswell and Commissioner Allen L Mims , Jr , Ms Corbett confirmed that neighboring counties are increasing their Income Maintenance Caseworkers with the enhanced 75 funding formula which the State is encouraging Ms Corbett noted it is an encouragement from the State at this time to reinvest the money in additional staffing , but not a requirement Commissioner DeVan Barbour stated he feels the State has changed the funding formula as an encouragement to add more staff to handle the workflow , but he believes it could become a requirement in the future Commissioner Barbour added if counties do not utilize the 75 funding to increase staff , then his thought is the funding might revert back to the original 50 At the inquiry of Commissioner Chad M Stewart , Ms Corbett stated she currently has 37 temporary employees in the income maintenance area She noted DSS has lost of a lot of workers this past year and morale is low no matter how hard they try to improve it Commissioner Barbour stated the enhanced 75 funding formula would provide enough revenue to cover the costs associated with hiring 40 additional Income Maintenance Caseworkers Chairman Braswell commented his biggest fear is that the County hires the additional 40 workers and then the State reverts back to the 50 funding formula Finance Director and Assistant County Manager Chad McLamb stated if the County were to hire the additional 40 Income Maintenance Caseworkers and then the State were to change the funding formula back to 50 , it would cost the County approximately 500,000 to keep the employees on staff Chairman Braswell tabled a decision on the 40 new Income Maintenance Caseworkers until the Board could discuss potential office space for DSS in closed session and the Board agreed by consent 10 Budget Revisions At the request of Finance Director and Assistant County Manager Chad McLamb , Commissioner Cookie Pope moved the Board approve the following budget revisions , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote Health REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59604538 Pharmacy Supplies 3,00000 TOTAL NET EXPENDITURES 3,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 596034155 Division of Public Health Women & Children’s 3,00000 Branch TOTAL NET REVENUE 3,00000 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51003100 Fuels 1288 10 51003200 Office Supplies 4,00000 10 51004300 Special Services 17200 10 51004500 Contract Services 5,56100 10 51007414 Capital Outlay – Sheriff 11,06132Page0367 January 5 , 2015 – 10 00 am Continued TOTAL NET EXPENDITURES 20,80720 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 11,06132 10 510033099 9,74588 TOTAL NET REVENUE 20,80720 11 Appointments A Livestock Arena Management Board – Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried unanimously , the Board reappointed Bryant Wellons for a two year term to expire on December 31 , 2016 B Johnston County Airport Authority – Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board appointed John H Bullock , Jr to fill an unexpired term ending April 30 , 2018 12 Delinquent Tax Collection Report Tax Administrator Sheila Garner reported on the collection of delinquent taxes for the month of December 2014 She noted in addition to garnishments and bank attachments , three foreclosure complaints were filed resulting in a collection of 5,68497 As of December 31 , 2014 , the Tax Department has collected 7844 of the real and personal levy for 2014 Through the NC State Debt Setoff Program , 50 accounts have been paid for a total of 5,26803 as of December 31 , 2014 The next foreclosure sale date is scheduled for January 28 , 2015 Ms Garner stated the 2015 tax listing forms were mailed on December 30 , 2014 and January 5 , 2015 is the last day to pay 2014 tax bills without interest Ms Garner spoke on the audit presentation earlier in the meeting and how Mr Thompson commended the Tax Office for the high tax collection rate Ms Garner complimented her staff noting they are the ones responsible for making that collection rate as high as it is 13 Manager Reports and Comments None 14 Board Reports and Comments Chairman Tony Braswell announced the Board would be having lunch with the Visitors Bureau immediately following the conclusion of the meeting Chairman Braswell also asked for Board Members to submit any specific topics they would like to discuss at the 2015 annual work session to the County Manager and Clerk to the Board to allow time to prepare materials The work session will be held on March 6 , 2015 at Johnston Community College more details regarding specific times will be forthcoming Chairman Braswell submitted copies of the 2015 Commissioner Boards Committees Assignments to the Board The appointments are as follows Chairman Tony Braswell Public Health Board Hospital Authority Commissioner ex - officio member Residential Subdivision Paving Committee EMS Budget Committee NC Veterans Affairs Commission Governor Appointed Highway 70 Corridor Commission Vice Chairman DeVan Barbour Planning Board Finance CommitteePage1368 January 5 , 2015 – 10 00 am Continued Fire Tax Committee Social Services Board Public Utilities Committee Solid Waste Committee Mental Health Board Heritage Commission Partnership for Children Cookie Pope Voluntary Agricultural District Board Member regular member Hospital Authority regular member Local Emergency Planning Committee NC Association of County Commissioners Agriculture Board NC Association of County Commissioners Legislative Goals Committee Allen L Mims , Jr CAMPO Representative Johnston Community College Board of Trustees Research & Training Zone Advisory Board Finance Committee Public Utilities Committee Solid Waste Committee Library Board of Trustees Commissioner Representative Jeffrey P Carver Finance Committee Fire Tax Committee EMS Budget Committee Hospital Authority regular member Ted G Godwin RPO Representative Johnston County Sports Council Highway 70 Corridor Commission County Transportation Committee US 70 Economic Impact Study Steering Committee Solid Waste Committee Community & Senior Services formerly Council on Aging JCATS Veterans Services Advisory Board Commissioner Representative Triangle J COG Delegate Chad M Stewart Juvenile Crime Prevention Council EMS Budget Committee Public Utilities Committee Fire Tax Committee Nursing Home Adult Care Home Board Tobacco Farm Life Museum Commissioner Representative Firemen’s Association Commissioner Representative EMS Advisory Committee 15 Closed Session – NCGS 14331811 a 5 – Acquisition of Property Commissioner Jeffrey P Carver moved the Board go into closed session to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property , pursuant to North Carolina General Statute 143 - 31811 a 5 Commissioner Chad M Stewart seconded the motion which carried unanimously Action was taken in open session Page2369 January 5 , 2015 – 10 00 am Continued Commissioner DeVan Barbour moved the Board adjourn closed session and resume regular session Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Commissioner DeVan Barbour moved the Board approve 40 new Income Maintenance Caseworker positions for the Department of Social Services to be funded through the enhanced 75 federal funding formula Commissioner Chad M Stewart seconded the motion which carried by unanimous vote The Board agreed to postpone a decision on possible new office space for DSS , pending staff’s further review and research of options The Chairman accepted a request from Commissioner Jeffrey P Carver to abstain from the following vote and the Board agreed by consent Commissioner Allen L Mims , Jr moved the Board adopt the following resolutions authorizing due diligence for possible acquisition of property at the Neuse River Commons Office Complex to possibly accommodate the Wellness Center Commissioner Ted G Godwin seconded the motion which carried by unanimous vote with Commissioner Jeffrey P Carver abstaining RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY WHEREAS , North Carolina General Statute § 153A - 158 authorizes counties to acquire property for County purposes ; and WHEREAS , First - Citizens Bank & Trust Company , a North Carolina Corporation , owns certain real property located in Johnston County at 101 W Market Street , Suite 1D , Smithfield , North Carolina and being more particularly set forth and described in the deed recorded in Book 4102 , Page 717 Johnston County Registry and identified on the Johnston County tax records as parcel 15019001N and “ The Property ” ; and WHEREAS , County of Johnston is interested in purchasing The Property for use as an employee wellness clinic for the sum of Sixty - Five Thousand and 00 100 US Dollars 65,00000 The terms and conditions of the transaction are more particularly set forth in the Agreement for Purchase and Sale of Real Property attached hereto as Exhibit A ; and WHEREAS , that after having heard the recommendation of the County Manager and County Finance Officer , this Board is of the opinion that it is in the best interests of the citizens and residents the County to authorize this acquisition ; NOW , TH