December 5, 2016 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 456 Meeting of the Johnston County Board of Commissioners December 5 , 2016 10 00 am The Johnston County Board of Commissioners met in regular session Monday , December 5 , 2016 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Keith Branch , and Larry Wood 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 County Manager Rick Hester called the meeting to order at 10 00 am 1 Organization of the Board Chairman of the Board County Manager Rick Hester called for nominations for Chairman of the Board Commissioner Chad M Stewart nominated Commissioner Jeffrey P Carver to serve as Chairman Commissioner Larry Wood seconded the nomination There being no further nominations , the County Manager closed the nominations and Commissioner Jeffrey P Carver was elected by acclamation to serve as Chairman for a one year term Vice Chairman of the Board Chairman Jeffrey P Carver called for nominations for Vice Chairman of the Board Commissioner Allen L Mims , Jr nominated Commissioner Ted G Godwin to serve as Vice Chairman Commissioner Keith Branch seconded the nomination There being no further nominations , the Board voted unanimously to elect Commissioner Ted G Godwin to serve as Vice Chairman of the Board for a one year term Remarks Chairman Jeffrey P Carver welcomed new Commissioners Keith Branch and Larry Wood to the Board stating he looks forward to working with them Chairman Carver recalled the comments that he made during the December 3 , 2012 meeting when he was elected Chairman the first time He stated the meeting in 2012 was the first meeting for Commissioner Ted G Godwin and the last meeting for Commissioner Wade M Stewart who passed away on January 14 , 2013 and noted everyone still misses him today Chairman Carver read from the comments that he made at the December 3 , 2012 meeting stating they still hold true today “ I will make a few promises I will make mistakes , I guarantee it But I will ask for and listen to your constant feedback , strive to achieve what is best for the citizens of our County while maintaining transparency in conducting their business , keep my eyes on the horizon for a long term approach , preserve and protect the assets of the County recognizing they are not our assets but the citizens ’ assets , and I do promise to work hard I am very proud to be your Chairman and I am humbled by your support May God be with me and give us the vision to make Johnston County an even greater place to live , work , and raise a family Thanks to each of you for your friendship , guidance , and loyalty to our citizenry ” Commissioner Ted G Godwin stated being Vice Chairman represents a difference for him and he looks forward to that role Commissioner Godwin stated he will miss former Commissioners Tony Braswell and DeVan Barbour , but he looks forward to working with new Commissioners Keith Branch and Larry Wood Commissioner Godwin recalled comments made by Commissioner Branch at the Oath of Office Ceremony earlier in the morning that “ black is black , white is white , right is right , and wrong is wrong ” , stating if there is ever a gray area he will always err on the side of the taxpayer Page457 December 5 , 2016 – 10 00 am Continued Commissioner Larry Wood expressed his appreciation for the warm welcome he has received Commissioner Wood thanked his family and the people of Johnston County for having the faith to put him on the Board stating he looks forward to working for the people Commissioner Keith Branch stated he looks forward to working with everyone making Johnston County continue to be the greatest place in North Carolina and the United States to live Prayer and Pledge Commissioner Ted G Godwin provided the prayer Marine Corps League Carry On Detachment 1236 of Clayton led those in attendance in the Pledge of Allegiance to the American Flag and asked everyone to remember those that gave the ultimate sacrifice at Pearl Harbor on December 7 , 1941 2 Approval Discussion of Agenda Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 3 Consent Agenda Items Chairman Jeffrey P Carver stated that Commissioner Keith Branch has requested to remove the consent agenda item “ Approval of Public Officials ’ Bonds for the County ” for more discussion Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – November 7 , 2016 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 Kingland Drive , Tucker Farm Circle , Fallow Court , and Woodlot Drive – Shepherds Walk Subdivision – Pleasant Grove Township C Adoption of Regular Board Meetings for 2017 , as follows JOHNSTON COUNTY BOARD OF COMMISSIONERS 2017 REGULAR BOARD MEETINGS Meeting Place - Johnston County Courthouse 207 E Johnston Street , Smithfield , North Carolina Commissioners Meeting Room January Tuesday , January 3 , 2017 – 10 00 am & 6 00 pm February Monday , February 6 , 2017 – 10 00 am & 6 00 pm March Monday , March 6 , 2017 – 10 00 am & 6 00 pm April Monday , April 3 , 2017 – 10 00 am & 6 00 pm May Monday , May 1 , 2017 – 10 00 am & 6 00 pm June Monday , June 5 , 2017 – 10 00 am & 6 00 pm July Monday , July 10 , 2017 – 10 00 am & 6 00 pm August Monday , August 7 , 2017 – 10 00 am & 6 00 pm September Tuesday , September 5 , 2017 – 10 00 am & 6 00 pm October Monday , October 2 , 2017 – 10 00 am & 6 00 pm November Monday , November 6 , 2017 – 10 00 am & 6 00 pm December Monday , December 4 , 2017 – 10 00 am & 6 00 pm D Town of Selma – Appointment to Planning Board Board of Adjustment Per the Town of Selma’s request , the Board made the following appointment to the Selma Planning Board Board of Adjustment representing the ETJ area of the Town Jennifer Edwards , 165 Brown Wall Road , Selma , term expiring 11 01 19 Page458 December 5 , 2016 – 10 00 am Continued E Sheriff’s Office – Request to Surplus Vehicle Per the request of Sheriff Steve Bizzell , the Board declared the following vehicle surplus that was involved in an accident 2011 Ford Crown Victoria , VIN # 2FABP7BVXBX149581 , County Asset # 014067 F Tax Releases & Refunds – 10 16 2016 – 11 15 2016 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2016 1610 - 649003 1607 - 671560 FIRLING , PAUL ROBERT Overpayment 15355 2012 1208 - 417264 1205 - 444904 MACKEY , KELVIN KENT Overpayment 11317 2012 1208 - 417264 1205 - 444904 MACKEY , KELVIN KENT Overpayment 13939 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 10 17 2016 4 40 08 PM ashleyheath 2016 - 800219 23235880 CYN - MAR CORPORATION 56384 10 17 2016 4 49 52 PM ashleyheath 2016 - 800220 23235880 CYN - MAR CORPORATION 53995 10 17 2016 4 58 07 PM ashleyheath 2016 - 800221 23235880 CYN - MAR CORPORATION 50344 10 18 2016 9 38 22 AM ashleyheath 2016 - 800222 23235880 CYN - MAR CORPORATION 45877 10 18 2016 1 31 04 PM ashleyheath 2016 - 800223 23235880 CYN - MAR CORPORATION 47140 10 18 2016 2 06 45 PM cfutch 2015 - 47434 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 10 00 PM cfutch 2014 - 47205 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 12 16 PM cfutch 2013 - 46288 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 14 36 PM cfutch 2012 - 47262 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 17 58 PM cfutch 2011 - 44621 2000017011 JOHNSON , JOAN O 62858 10 18 2016 3 21 34 PM ashleyheath 2016 - 800224 23235880 CYN - MAR CORPORATION 37974 10 19 2016 4 10 04 PM ashleyheath 2016 - 32109 2000096821 FIRST CITIZENS BK & TR LSG 16213 10 19 2016 4 13 19 PM ashleyheath 2016 - 32104 2000096821 FIRST CITIZENS BK & TR LSG 4,25940 10 24 2016 10 23 43 AM ashleyheath 2016 - 105575 2000191767 MURDOCK SOLAR LLC DBA 54,36861 10 24 2016 11 28 02 AM ashleyheath 2016 - 105573 2000191766 HAPPY SOLAR LLC DBA 51,67513 10 24 2016 11 30 49 AM ashleyheath 2016 - 105575 2000191767 MURDOCK SOLAR LLC DBA - 54,36861 10 24 2016 11 32 15 AM ashleyheath 2016 - 105575 2000191767 MURDOCK SOLAR LLC DBA 52,07738 10 24 2016 4 50 26 PM dwoodward2 2016 - 201174 2000162381 NARRON , ANTHONY VAN 26150 10 24 2016 4 51 47 PM dwoodward2 2016 - 201175 2000162381 NARRON , ANTHONY VAN 23972 10 25 2016 3 35 38 PM ashleyheath 2016 - 18839 2000192367 SML RFID TECHNOLOGY LLC 18,61765 11 1 2016 2 54 50 PM dwoodward2 2016 - 3930 2000031411 PLEASANT GROVE BAPTIST CH 26511 INC 11 1 2016 2 56 37 PM dwoodward2 2016 - 4382 2000185053 KYNDAL COMMUNITY ASSN INC 2,34787 11 1 2016 2 58 42 PM dwoodward2 2016 - 52969 2000009643 HARBOR INCORPORATED 7,83526 11 1 2016 3 00 15 PM dwoodward2 2016 - 32072 2000062151 FIRST BAPTIST CHURCH OF 62937 SMITHFIELD 11 1 2016 3 03 15 PM dwoodward2 2016 - 976 2000063575 ADAMS , JOY ANN 39809 11 1 2016 3 06 08 PM dwoodward2 2016 - 27954 25914620 DRIVER , MARGARET S 78354 11 1 2016 3 16 38 PM dwoodward2 2016 - 28094 2000159564 DUDLEY , EDNA L LIFE ESTATE 20253 11 1 2016 3 30 04 PM dwoodward2 2016 - 85897 2000089022 SOUTHERLAND , JOYCE MCGEE 95575 11 1 2016 4 18 33 PM dwoodward2 2016 - 97463 2000119460 WELLS , FAYE DEAN 52777 11 1 2016 4 23 55 PM dwoodward2 2016 - 99916 2000127912 WILLIAMS , MELANIE L 1,21988 11 1 2016 4 27 47 PM dwoodward2 2016 - 101113 2000003773 WOLFE , MARCIA REGINA 44454 11 1 2016 4 29 03 PM dwoodward2 2016 - 17281 2000062732 CARPENTER , JOHNNIE VERNER 56452 11 1 2016 4 33 07 PM dwoodward2 2016 - 52382 2000170933 KNIGHT , MCKINLEY B 1,94679 11 1 2016 4 34 49 PM dwoodward2 2016 - 85665 2000183398 SONDYS , HUGO I 1,78292 11 1 2016 4 47 50 PM dwoodward2 2016 - 21322 2000189055 STEWART , CEDRIC A 1,52981 11 2 2016 4 41 58 PM dwoodward2 2016 - 53811 2000183529 LANGDON , NICKEY A 22093 11 2 2016 4 49 56 PM dwoodward2 2016 - 30261 2000189089 MASSENGILL , GEORGE R JR 66779 11 2 2016 4 54 14 PM dwoodward2 2016 - 67469 57749951 MAYO , DWIGHT H 3,22933 11 2 2016 4 55 48 PM dwoodward2 2016 - 66964 2000188774 NARRON , SAMUEL RICHARD 21389Page459 December 5 , 2016 – 10 00 am Continued 11 3 2016 10 19 10 AM cfutch 2016 - 23892 2000176978 CROOM , HERMAN EDWARD 68739 11 3 2016 10 22 34 AM cfutch 2016 - 23890 2000149707 CROOM , HERMAN EDWARD 34108 11 3 2016 10 25 15 AM cfutch 2016 - 23891 2000114654 CROOM , HERMAN EDWARD 40868 11 3 2016 3 25 55 PM dwoodward2 2016 - 69629 65760500 OWEN , JAMES LEE 1,90935 11 3 2016 3 28 01 PM dwoodward2 2016 - 2315 65760500 OWEN , JAMES LEE 30795 11 4 2016 12 56 25 PM ashleyheath 2016 - 105698 2000169845 HENDRIX , ROBERT G 32340 11 4 2016 2 19 04 PM ashleyheath 2016 - 59545 2000015880 MARTIN , RANDY RAY 14853 11 15 2016 4 02 40 PM dwoodward2 2016 - 101113 2000003773 WOLFE , MARCIA REGINA - 44454 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 10 17 2016 3 23 16 PM awestbrook 2013 - 102662 2000171485 JOHNSON , THOMAS WILLIAM 11421 10 18 2016 2 07 03 PM cfutch 2015 - 47434 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 10 12 PM cfutch 2014 - 47205 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 12 30 PM cfutch 2013 - 46288 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 14 51 PM cfutch 2012 - 47262 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 18 22 PM cfutch 2011 - 44621 2000017011 JOHNSON , JOAN O 62858 10 18 2016 2 58 50 PM LOCKBOX 2016 - 22873 2000142801 CREECH , BOBBY R 27051 10 18 2016 2 58 50 PM LOCKBOX 2016 - 56600 2000161148 LER COMMERCIAL PROPERTIES 4,70273 LLC 10 24 2016 3 03 44 PM jmorrow 2016 - 11292 2000096455 BLANCHARD , MATTHEW D 84714 11 2 2016 11 39 54 AM WFHL 2016 - 35123 2000189420 ARGUETA , DILMA 20000 11 2 2016 11 39 54 AM WFHL 2016 - 7724 2000132851 BAREFOOT , SUSAN DAVIS 1,22161 11 2 2016 11 39 54 AM WFHL 2016 - 8687 2000160042 BATTEN , BRADLEY A 1,33677 11 2 2016 11 39 54 AM WFHL 2016 - 13249 2000131305 BREWINGTON , HAROLD G 55000 11 2 2016 11 39 54 AM WFHL 2016 - 13314 2000156066 BRIDGERS , CANDACE JO 74046 11 2 2016 11 39 54 AM WFHL 2016 - 16650 2000163740 CAPITAL PROPERTIES OF 34100 RALEIGH 11 2 2016 11 39 54 AM WFHL 2016 - 18266 2000074101 CAWTHON , JOHN D 73668 11 2 2016 11 39 54 AM WFHL 2016 - 59433 2000189023 DRAKE HOMES LLC 47740 11 2 2016 11 39 54 AM WFHL 2016 - 34616 2000107335 GAY , WILFORD D LIFE ESTATE 72148 11 2 2016 11 39 54 AM WFHL 2016 - 104747 2000179570 GHDR DEVELOPMENT LLC 58520 11 2 2016 11 39 54 AM WFHL 2016 - 67443 2000186188 GRAHAM R NEVILLE & ANGELA W 2,16864 NEVILLE REVOCABLE TRUS 11 2 2016 11 39 54 AM WFHL 2016 - 39658 2000135059 HARRISON , KAREN R 1,09378 11 2 2016 11 39 54 AM WFHL 2016 - 39811 2000165625 HARVEY , RICHARD M 1,01371 11 2 2016 11 39 54 AM WFHL 2016 - 58495 2000174633 LEGACY CUSTOM HOMES INC 1,48750 11 2 2016 11 39 54 AM WFHL 2016 - 93370 2000187851 POUNDS , WILLIAM R 46750 11 2 2016 11 39 54 AM WFHL 2016 - 79125 2000074082 ROBBINS , TIMOTHY P 92462 11 2 2016 11 39 54 AM WFHL 2016 - 80673 2000154757 RUFFIN , MATTHEW K 1,97217 11 2 2016 11 39 54 AM WFHL 2016 - 84229 2000081776 SLOAN , BRIAN A 1,39542 11 2 2016 11 39 54 AM WFHL 2016 - 85665 2000183398 SONDYS , HUGO I 1,78292 11 2 2016 11 39 54 AM WFHL 2016 - 184 2000136030 TERRAMOR HOMES , INC 26970 11 2 2016 12 10 45 PM jevans 2016 - 202078 2000183398 SONDYS , HUGO I 38363 11 3 2016 10 19 36 AM cfutch 2016 - 202092 2000176978 CROOM , HERMAN EDWARD 55099 11 3 2016 10 22 45 AM cfutch 2016 - 202091 2000149707 CROOM , HERMAN EDWARD 29052 11 3 2016 10 25 31 AM cfutch 2016 - 202093 2000114654 CROOM , HERMAN EDWARD 29430 11 3 2016 4 34 58 PM LOCKBOX 2016 - 15626 2000181591 MOORE , KIMBERLY 1,00206 11 10 2016 11 36 34 AM LRTA 2016 - 8863 2000172554 BATY , ERVIN L 73817 11 10 2016 11 36 34 AM LRTA 2016 - 26908 2000142037 DIDIANO , BRIAN R 2,13766 11 10 2016 11 36 34 AM LRTA 2016 - 30792 2000177450 EVANS , ANTHONY B 1,16610 11 10 2016 11 36 34 AM LRTA 2016 - 34158 2000189157 JP MORGAN MORTGAGE 91513 ACQUISITION CORP 11 10 2016 11 36 34 AM LRTA 2016 - 79527 2000100265 ROCHA , FELIX 92675 11 10 2016 11 36 34 AM LRTA 2016 - 98741 2000158291 WHITTINGTON , VICKIE L 1,27554 11 10 2016 11 36 34 AM LRTA 2016 - 99916 2000127912 WILLIAMS , MELANIE L 1,21988 11 10 2016 11 50 15 AM jevans 2016 - 202073 2000127912 WILLIAMS , MELANIE L 60994 11 10 2016 2 15 48 PM jgreene 2016 - 27231 2000186349 CARROLL , ANTHONY BRYANT 41773PagePage pageNumber5460 December 5 , 2016 – 10 00 am Continued 11 10 2016 2 18 33 PM jgreene 2016 - 45816 2000171963 JACKS , KEITH 11383 11 10 2016 2 20 53 PM jgreene 2016 - 81365 2000174560 SANDERS , ANDRE D 46824 11 10 2016 2 26 40 PM jgreene 2016 - 73762 2000186646 MCDERMOTT , KEVIN ANDREW 2,72952 11 15 2016 1 09 17 PM LRTA 2016 - 3497 2000139429 GOLDEN PROPERTIES AND 42625 DEVELOPMENT INC North Carolina Vehicle Tax System - Pending Refund Report – October 2016 100 + Payee Name Bill # Transaction Refund Total Change # Reason ALLEN , 0033775756 57467580 Adjustment 11310 JEROME 1160 WINFIELD 12470 ALLEN , 0033775760 57467578 Adjustment 13338 JEROME 1368 WINFIELD 14706 CHOE , TOMMY 0033913806 57774946 Adjustment 53040 SOK 38760 91800 MCCLELLAN , 0034094877 115549888 Situs error 000 THOMAS 10135 BLAKE 1600 3378 11913 SANDERS , 0027766351 113449604 Situs error 000 YOLANDA 14159 SMITH 2422 4720 16457 ZAREMSKI , 0021373315 84828378 Military 9664 CHRISTOPHER 6505 DAVID 500 16669 ZAREMSKI , 0021373315 84828381 Military 8455 CHRISTOPHER 5691 DAVID 500 14646 ZAREMSKI , 0021373315 84828384 Military 7340 CHRISTOPHER 5176 DAVID 500 13016 November 21 , 2016 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 10 15 16 to 11 15 16 Tax refunds - Personal Real Property 28822 Tax releases - Personal Real Property 39233 Motor Vehicle releases refunds 7279 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 4 Approval of Public Officials ’ Bonds for the County Commissioner Keith Branch stated he asked for the approval of the public officials ’ bonds to be removed from the consent agenda for more discussion because he had some concerns about some of the amounts , specifically the bond for the Tax Administrator in comparison to some of the other positions such as the County Manager , Clerk to the Board , and others Commissioner Branch stated he would like to discuss the possibility of increasing the Tax Administrator’s bond based on the financial dealings within the Tax Office PagePage pageNumber6461 December 5 , 2016 – 10 00 am Continued County Manager Rick Hester stated staff has looked at increasing it to 250,000 At the inquiry of Chairman Jeffrey P Carver , Assistant County Manager and Finance Director Chad McLamb stated he has put in a call to the County’s insurance agent regarding how much it would cost to increase the bond but did not hear back from him prior to the meeting Mr Hester suggested tabling the item until the 6 00 pm meeting to allow more time to hear from the insurance agent on the cost Chairman Carver tabled the item until the 6 00 pm meeting 5 Public Comments A Recognition of Representative JH Langdon Chairman Jeffrey P Carver recognized Representative JH Langdon in the audience Representative Langdon thanked the citizens of Johnston County for allowing him to serve Representative Langdon also thanked the Board of Commissioners for all they have done for Johnston County stating Johnston County is good because of the leadership by the Commissioners B New Pastor from Oakland Presbyterian Church Rudy Baker , 1016 Swift Creek Drive , Clayton , from the Oakland Presbyterian Church in the Cleveland Community , introduced their new Pastor Andrew Ruth to the Board Mr Baker stated Pastor Ruth wanted an opportunity to meet the leadership in the County Mr Baker stated Pastor Ruth and his wife just finished over a year of mission work in Africa The Board welcomed Pastor Ruth C Citizen Comments – Ken Taylor Ken Taylor , 1755 Gordon Road , Clayton , noted that it has been approximately six months since the Animal Services ordinance was revised and he asked for an update on animal cruelty offenses since the new ordinance has been in place Mr Taylor also stated his offer to assist with future amendments stands if ever needed County Manager Rick Hester stated he would speak with the Animal Services Department and could either report back with an update in January or provide the information to the Commissioners and Mr Taylor Chairman Jeffrey P Carver asked Mr Hester to provide the information to the Commissioners and Mr Taylor first , before determining if there needs to be a formal presentation at the January meeting 6 Atlantic Coast Pipeline – Request for Easement on County Property Jonathan York with Doyle Land Services , contractor on the Atlantic Cost Pipeline Project , addressed the Board Mr York introduced Jeffrey Arrington with Dominion and Marty Clayton with Duke Energy accompanying him to the meeting Mr York submitted to the Board information regarding two easements that are needed on County owned property for the Atlantic Cost Pipeline Project He also provided the Board with information concerning two upcoming Atlantic Coast Pipeline Construction Expos to be held on December 14 , 2016 at Nash Community College and December 15 , 2016 at the Crown Complex in Fayetteville Commissioner Ted G Godwin asked how the expos are being advertised to the public Mr Clayton stated they are working through the local Chambers of Commerce and other similar organizations to help get the word out as well as advertising to make sure local contractors are aware of the project Mr York pointed out the location of the two needed easements on an aerial map for the Board Mr York explained that as he understands , the properties were deeded to Johnston County by FEMA after Hurricane Fran many years ago Mr York stated the land in question is mostly timber land with some pasture land HePagePage pageNumber7462 December 5 , 2016 – 10 00 am Continued reviewed the dimensions of the areas needed for a temporary construction easement as well as permanent easement Mr York also reviewed the offer package with the Board County Manager Rick Hester stated the property is located in the southern portion of the County in between Stewart Road and Peach Orchard Road He explained it is two long strips of property that after Hurricane Fran , FEMA purchased along with other flooded properties and then turned them over to Johnston County Mr Hester stated there are restrictions on those properties and the County cannot sell them He reported the County is waiting on FEMA to approve the easements and recommends the Board approve the request subject to FEMA approval Mr York reviewed the compensation formula with the Board and stated the total price for the easements would be 22,07250 He stated the easement documents were sent to the Johnston County staff for review County Attorney Jennifer Slusser stated she has reviewed the easements and the only issue that is of concern is making sure FEMA is acceptable to the easements She continued that staff has done a title search on the properties and learned that FEMA requires the land to be used for open space Ms Slusser stated she does not believe there will be any problems , but the County does need a confirmation by FEMA before proceeding Commissioner Allen L Mims , Jr commented that it appears most of the area is timber land and he asked if the timber value was calculated in with the compensation formula Commissioner Mims also asked if the land within the temporary construction easement would be replanted with timber Mr York confirmed they are accounting for the timber value and will pay double stumpage for timber lands Mr York stated with regards to the temporary construction easement land , they will not replant for timber , but it will be revegetated with grass to offset erosion Commissioner Chad M Stewart stated the pipeline is crossing some of his own property and he can say that the pipeline representatives have been good to work with Commissioner Ted G Godwin moved the Board grant the easements for the Atlantic Coast Pipeline Project , on properties identified as Tax ID # 08J13066 and 08J13066D , at the agreed upon price of 22,07250 , subject to FEMA approval Commissioner Cookie Pope seconded the motion which carried unanimously 7 Tax Appeal – Bizzell Church Solar 1 , LLC Charles Neely , Jr , of Williams Mullen , representing Bizzell Church Solar 1 , LLC , addressed the Board Mr Neely stated the property in question is a solar farm that is part of a larger group of solar farms being constructed across North Carolina and the United States Mr Neely introduced Ethan Case of Cypress Creek Renewables which is the managing member of the LLC Mr Neely explained that North Carolina law allows solar farms to receive a partial exclusion from taxation in which 80 of the value is excluded with 20 remaining assessable Mr Neely reported their client developed the solar farm in question last year along with a number of others across North Carolina and hired an accounting firm in Raleigh to file all the applications for exclusion with the Tax Offices He explained a new person with the accounting firm , which was based in California , handled the applications and 40 of the applications were processed properly with this one falling through the cracks by mistake Mr Neely asked the Board to approve the late application which he stated is allowed under North Carolina law He stated the Board has the authority to approve the late application provided “ good cause ” is shown Mr Neely took a moment to compliment Tax Administrator Sheila Garner stating he has appreciated her courteous attention to this matter Mr Neely continued that there are no standards in the statute that define “ good cause ” He reported the School of Government at Chapel Hill offers that different counties have different standards across the State Mr Neely stated the one thing that the Board cannot do is make a decision based on the amount of tax dollars that would be lost Mr Neely offered to answer any questions Commissioner Ted G Godwin asked how long do the exclusions last once they are filed Mr Neely responded the exclusion is good as long as the property is used as a solar farm Commissioner Keith Branch asked how late was the application filed PagePage pageNumber8463 December 5 , 2016 – 10 00 am Continued st Mr Neely reported the deadline to file an application was January 31 and they did not learn that this application did not get filed until October whereupon an application was filed in November Upon a question by Commissioner Chad M Stewart , Mr Neely stated they could apply for the exclusion next year if this request is not approved Tax Administrator Sheila Garner offered to answer any questions by the Board She noted that solar farms are relatively new for Johnston County and the Tax Office had a lot of filings for business personal property for the first time this year for solar equipment Ms Garner stated staff’s concern is that as more of these requests come forward , which she anticipates will happen , no one has set forth what “ good cause ” is ; therefore , anything the Board approves today would be setting that precedent for “ good cause ” At the inquiry of Commissioner Branch , Ms Garner stated this is the first late application request from a solar farm Ms Garner confirmed that if the solar farm had filed the application on time , then the County would not have received the taxes in the amount of 74,26343 anyway She explained there is a late listing penalty and in this case , if the Board accepts the late application , the penalty would only be based on the amount of the tax bill Commissioner Cookie Pope asked would the Board be setting a precedent for other businesses that want to file late Ms Garner explained the exclusion is a State exclusion only for solar farms County Manager Rick Hester stated if the Board denies the request , there is another step in the appeal process through the North Carolina Property Tax Commission to which the solar farm could appeal Ms Garner stated if the Board approves the request to accept the late application , and others come in under the same circumstances , then she would recommend those be approved as well County Attorney Jennifer Slusser advised that the Board needs to be careful not to set itself up for a decision to be arbitrary and capricious if future requests are similar She stated all similar requests should be treated the same way , otherwise the Board does open itself up to making a decision that could be appealed Commissioner Branch stated his concern is that the County would not have received this money anyway if the application had been filed on time ; therefore , he does not have a problem with setting that precedent Chairman Jeffrey P Carver cautioned that this is not the only request that could come to this Board and he expressed concerns about walking a line of being considered arbitrary and capricious Chairman Carver stated he thinks the Board should go with staff’s recommendation , noting there is another appeal level above the Board of Commissioners Commissioner Stewart stated the other appeal level is with the State of North Carolina versus Johnston County representatives and he feels like the Board is charged with a responsibility to structures in Johnston County At the inquiry of Commissioner Godwin , Ms Garner stated there were some other applications that had been filed on time , but were missed at the staff level She stated once staff was able to determine that those applications were received on time through proof of delivery , they were accepted and approved In response to Commissioner Allen L Mims , Jr , Mr Neely confirmed that the solar farm has been completely installed on the property Commissioner Keith Branch moved the Board accept the late application Commissioner Ted G Godwin seconded the motion which carried by the following vote Ayes Commissioners Ted G Godwin , Chad M Stewart , Keith Branch , and Larry Wood Nays Commissioners Jeffrey P Carver , Cookie Pope , and Allen L Mims , Jr 8 Register of Deeds – Refund of Excise Tax County Attorney Jennifer Slusser stated she has reviewed a request for refund of overpayment of revenue stamps from Capital City Law Pursuant to NCGS § 105 - 22837 , the request must be made within sixPagePage pageNumber9464 December 5 , 2016 – 10 00 am Continued 6 months after the date the tax was paid and must explain why the taxpayer believes a refund is due Ms Slusser explained that Capital City Law has presented a request for refund of 14700 A General Warranty Deed was inadvertently recorded with excise taxes in the amount of 14700 paid to the Johnston County Register of Deeds The deed was meant to be recorded in Wake County , where the property is located The deed was subsequently recorded in Wake County and the excise tax was paid Ms Slusser stated this request meets the statutory requirements for refund and she recommends the Board of Commissioners approve the refund in the amount of 14700 Commissioner Ted G Godwin asked what is the purpose of the excise tax GIS Director Rhonda Norris stated the excise tax funds are collected by the County and then forwarded to the State of North Carolina Commissioner Ted G Godwin moved the Board approve the refund in the amount of 14700 to Capital City Law Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote 9 Budget Revisions Assistant County Manager and Finance Officer Chad McLamb requested the Board to approve the budget revisions listed in the agenda packet and offered to answer any questions Commissioner Cookie Pope moved the Board approve the following budget amendments , seconded by Commissioner Ted G Godwin , and carried by unanimous vote Library REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 18 44501600 M & R Equipment 4,13000 18 44503200 Office Supplies 4,13000 18 44507100 Capital Improvement 41,96800 TOTAL NET EXPENDITURES 41,96800 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 18 445033418 Capital Improvements 41,96800 TOTAL NET REVENUE 41,96800 Sheriff REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 9,60157 10 51004300 Special Services 1,26903 10 51007400 Capital Outlay 18,20482 TOTAL NET EXPENDITURES 29,07542 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 510032509 Insurance Recovery 27,50639 10 510033099 Miscellaneous Revenue 1,56903 TOTAL NET REVENUE 29,07542 10 Appointments Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board made the following appointments and granted waivers in the length of service policy where needed A Johnston County Board of Adjustments – Appointed Arthur W Watkins to fill an unexpired term ending August 31 , 2018 Page0465 December 5 , 2016 – 10 00 am Continued B Johnston County Heritage Commission – Appointed Warren Grimes for a two year term to expire on October 31 , 2018 C Juvenile Crime Prevention Council – Appointed Karen Tremblay representing Substance Abuse Professional for a two year term to expire on October 31 , 2018 D Livestock Arena Management Board – Reappointed Michele McLaughlin , Ron Hughes , Laura Adams Pilkington , Bryant Spivey , and Leslie Averill for two year terms to expire on December 31 , 2018 with Ms McLaughlin , Mr Spivey , and Ms Averill receiving a waiver in the length of service policy Other Appointments E Veterans Services Advisory Board In a unanimous vote show of hands , George Murphy Commissioner District 4 was reappointed for a three year term to expire on December 31 , 2019 Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Allen L Mims , Jr , and carried unanimously , Mark Petersen Commissioner District 2 and George Murphy Commissioner District 4 were reappointed for three year terms to expire on December 31 , 2019 F Johnston County Board of Equalization & Review Commissioner Ted G Godwin moved the Board appoint Glen Hinnant to fill an unexpired term ending April 30 , 2017 representing Commissioner District 1 , seconded by Commissioner Chad M Stewart and carried by unanimous vote 11 Delinquent Tax Collection Report Tax Administrator Sheila Garner reported on the collection of delinquent taxes for the month of November 2016 She presented the following information Enforced Collections November 2016 YTD 16 17 Wage Garnishments 274 714 Bank Attachments 5 89 Levys 0 0 Foreclosures Complaints Filed November 2016 0 21 Pending Dollars Collected November 2016 1,81604 As of November 30 , 2016 , the Tax Department has collected 5034 of the real and personal levy for 2016 The next foreclosure sale date is scheduled for January 25 , 2017 The registered motor vehicle collections for November 2016 are 952,73239 and YTD 16 - 17 is 5,653,24402 12 Tax Office – Approval of Contract for the 2019 Real Property Revaluation Tax Administrator Sheila Garner requested the Board to approve entering into a contract with Pearson Appraisal Services , Inc for the 2019 Real Property Revaluation Ms Garner reported the Tax Office received proposals for the 2019 Revaluation and as she reported at the meeting in November , staff has recommended Pearson Appraisal Services to perform the work Ms Garner stated staff has been working on the scope of services for a contract and has negotiated a contract price of 1490 per parcel for an estimated 97,000 parcels She stated if there are more than 97,000 parcels , additional services will be required to review those parcels at 1490 per parcel Ms Garner stated also , additional services for new construction and construction additions may be requested by the Tax Administrator for 2500 per parcel Ms Garner introduced Fred Pearson from Pearson Appraisal Services and noted they have performed revaluation services for Johnston County in the past Mr Pearson stated he has always enjoyed working in Johnston County He stated the objective is to appraise property at market value and give everyone a fair and equitable assessment Mr Pearson stated they have been doing revaluation work for 35 years Page1466 December 5 , 2016 – 10 00 am Continued Commissioner Allen L Mims , Jr asked how the proposed contract price compares with the last revaluation Ms Garner reported the cost per parcel for the last revaluation was 1750 and the additional services was the same at 2500 for new construction Ms Garner stated she has worked with Mr Pearson in 1995 and 2011 on revaluations County Manager Rick Hester noted with past revaluations , Pearson has done a great job with informal appeals where citizens can speak one on one with Pearson representatives in which many times a large percentage of concerns can be resolved Ms Garner agreed stating that many times taxpayers just want to sit down and have someone listen to their concerns Ms Garner also spoke on the importance of having prior experience with Johnston County , noting that Mr Pearson has that experience Upon staff’s recommendation , Commissioner Ted G Godwin moved to approve entering into a professional services contract with Pearson Appraisal Services , Inc for the 2019 Real Property Revaluation at the following terms i a cost of 1490 per parcel for an estimated 97,000 parcels in an amount not to exceed 1,445,300 ; ii to allow for additional services as may be required by the Tax Administrator for evaluation of new construction parcels at a cost of 2500 per parcel ; and iii to allow the County Attorney , County Manager , and Tax Administrator to finalize the contract documents for signature by the County Manager consistent with these rates Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote 13 Manager Reports and Comments None 14 Board Reports and Comments Commissioner Ted G Godwin mentioned the earlier request by the Atlantic Coast Pipeline representatives for an easement on County owned property which the County acquired from FEMA after Hurricane Fran Commissioner Godwin asked if there are other FEMA properties owned by the County where the timber on those properties could be managed and or sold County Manager Rick Hester stated he would have to look into the matter because there are restrictions on those properties Mr Hester also reported that most of the properties are in very remote areas of the County with many of them having little to no road access There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 11 05 am ____________________________ Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage