December 5, 2011 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 619 Meeting of the Johnston County Board of Commissioners December 5 , 2011 10 00 am The Johnston County Board of Commissioners met in regular session Monday , December 5 , 2011 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer J Chad McLamb , County Attorney David F Mills , and Paralegal Deputy Clerk Melissa A Daughtry Chairman Allen L Mims , Jr called the meeting to order at 10 00 am Commissioner W Ray Woodall opened the meeting with a prayer Commissioner Wade M Stewart led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – November 7 , 2011 10 00 am and 6 00 pm B Adoption of Regular Board Meetings for 2012 , as follows JOHNSTON COUNTY BOARD OF COMMISSIONERS 2012 REGULAR BOARD MEETINGS Meeting Place - Johnston County Courthouse Annex Commissioners Room , Smithfield , North Carolina January Tuesday , January 3 , 2012 – 10 00 am & 6 00 pm February Monday , February 6 , 2012 – 10 00 am & 6 00 pm March Monday , March 5 , 2012 – 10 00 am & 6 00 pm April Monday , April 2 , 2012 – 10 00 am & 6 00 pm May Monday , May 7 , 2012 – 10 00 am & 6 00 pm June Monday , June 4 , 2012 – 10 00 am & 6 00 pm July Monday , July 2 , 2012 – 10 00 am & 6 00 pm August Monday , August 6 , 2012 – 10 00 am & 6 00 pm September Tuesday , September 4 , 2012 – 10 00 am & 6 00 pm October Monday , October 1 , 2012 – 10 00 am & 6 00 pm November Monday , November 5 , 2012 – 10 00 am & 6 00 pm December Monday , December 3 , 2012 – 10 00 am & 6 00 pm C Approval of Public Officials ’ Bonds for the County , as follows Amount of Policy Position Official Name Bond Number Effective Dates Tax Administrator Pat Goddard 50,00000 2965516 3 12 11 - 03 12 12 Social Services Director Earl Marret 55,00000 2463590 08 31 11 - 08 31 12 Sheriff Steve Bizzell 55,00000 3548642 12 07 10 - 12 07 14 Register of Deeds Craig Olive 60,00000 2647210 12 01 11 - 12 01 12 Blanket Bond All employees 50,00000 2244175 12 01 10 - 12 01 14 County Manager Rick J Hester 500,00000 2244175 12 01 10 - 12 01 14 Clerk to the Board Paula Woodard 500,00000 2244175 12 01 10 - 12 01 14Page620 December 5 , 2011 – 10 00 am Continued Finance Officer J Chad McLamb 500,00000 2244175 12 01 10 - 12 01 14 Asst Finance Officer Tyson Radford 500,00000 2244175 12 01 10 - 12 01 14 Economic Dev Director Peggy Anderson 100,00000 2244175 12 01 10 - 12 01 14 Retired Finance Officer John Massey 100,00000 2244175 12 01 10 - 12 01 14 D 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 , NC term expiring 12 31 2014 Marty D Bizzell – 1026 Brookhill Drive , Clayton , NC term expiring 12 31 2014 Board of Adjustment Donna White – 1330 West Main Street , Clayton term expiring 12 31 2014 E Tax Releases & Refunds – 10 16 2011 – 11 15 2011 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2010 1012 - 164185 1009 - 175051 COLLINS , PATRICIA Overpayment 25745 2011 1110 - 297809 1107 - 305539 WIESNER , JAMES PAUL Release 26063 2010 1102 - 195695 1011 - 195024 DISMUKES , FLORA CHAVIS Overpayment 14402 2011 1107 - 256122 1104 - 259694 RICHARDSON , MARY CAMPBELL Overpayment 12298 2010 1106 - 238357 1103 - 247200 WALTERS , JR , ARTHUR EDMUND Overpayment 18474 2011 1108 - 265364 1105 - 277185 PRESTON , PATRICK BOUVEA Release 19993 2011 1109 - 279059 1106 - 291654 NAEGELEN , JR , BRUCE RICHARD Release 14756 2011 1110 - 297881 1107 - 309464 GAY , GAYLE HOPKINS Release 19580 2011 1109 - 286572 1106 - 289885 EDWARDS , WILLARD KENT Release 10115 2011 1110 - 298193 1107 - 299091 BARTHOLOMEW , JR , FREDERICK LEROY Release 17094 2011 1110 - 293377 1107 - 311059 SISK , JR , EVERETT HARLESS Release 11196 2010 1106 - 238777 1103 - 244846 CROOKS , CRISTOPHER JAMES Release 18999 2011 1109 - 281756 1106 - 292049 JONES , III , ROBERT ALDEN Release 16763 2011 1108 - 267743 1105 - 272795 JACKSON , GORDON WILBUR Overpayment 12961 2011 1108 - 263469 1105 - 279127 BLACKLEY , ERNEST LEE Overpayment 14945 2011 1110 - 295822 1107 - 310998 RAO , ANTHONY JOSEPH Tag Surrender 18287 2011 1110 - 299391 1107 - 306426 MEUCCI , NICHOLAS THOMAS Release 21530 2011 1110 - 302751 1107 - 307335 COOMER , MICHAEL JENNINGS Release 11773 2011 1110 - 302752 1107 - 309229 COOMER , MICHAEL JENNINGS Release 10871 2011 1110 - 295815 1107 - 310350 PUTNEY , DAVID FREDRICK Release 25856 2011 1110 - 294956 1107 - 311053 BARBOUR , JASON JOHNSON Release 43605 2010 1105 - 224333 1102 - 234255 RAMSEY , JR , WILLIAM JOHN Overpayment 18438 2011 1109 - 287321 1106 - 291733 ROSE , WILLIAM PAUL Release 13719 2011 1109 - 287191 1106 - 295106 PATE BOYLE , LACEY DIANE Release 15963 2010 1007 - 107230 1004 - 100591 SPRAGINS , CARL WALLACE Overpayment 12001 2011 1110 - 295822 1107 - 310998 RAO , ANTHONY JOSEPH Release 19950 2011 1109 - 282485 1106 - 285105 MOORE , MYRON EDWARD Release 22148 2011 1110 - 297535 1107 - 307128 MCDARIS , ROGER DALE Release 26418 2011 1109 - 287869 1106 - 291179 GANGEWERE , KEVIN RICHARD Overpayment 33800 2011 1110 - 290800 1107 - 308566 SHACKLEY , EUGENE RAYMOND Release 42165 2011 1110 - 303078 1107 - 307335 COOMER , MICHAEL JENNINGS Release 11773 2010 1104 - 214090 1101 - 219923 HOWARD , JTW , RICHARD THURSTON Tag Surrender 11492 2011 1110 - 303079 1107 - 309229 COOMER , MICHAEL JENNINGS Release 10871 2011 1110 - 295415 1107 - 311777 HOLM , KEITH ALLEN Release 22339 2011 1109 - 280292 1106 - 282344 BUCHANAN , DAVID LEE Release 23715 2011 1109 - 281786 1106 - 294513 KIGER , CONNIE MICHELLE Release 19940 2011 1110 - 301073 1107 - 311478 REGER , JEFFREY M Release 10021 2011 1109 - 279358 1106 - 296368 RANSOPHER , EDWIN LEE Overpayment 10293 2011 1109 - 282104 1105 - 297261 RIEHM , DAVID EARL Release 20516 Page621 December 5 , 2011 – 10 00 am Continued 2011 1110 - 290076 1107 - 307230 BINGLEY , NICHOLAS JOHN Release 10725 2010 1106 - 236448 1103 - 249377 EVERETT DEW , PHYLLIS DENEEN Release 10730 2011 1110 - 293310 1107 - 309216 SCHAEFER , CHRISTOPHER SEAN IAN Release 15725 2011 1109 - 281701 1106 - 290646 HONDA LEASE TRUST Tag Surrender 15850 2011 1110 - 303076 1107 - 306426 MEUCCI , NICHOLAS THOMAS Release 10772 2011 1110 - 302280 1107 - 309566 WISE , PEGGY WILLIFORD Release 14251 2010 1105 - 231878 1102 - 231051 SANDERS , ROBIN DECARTER Overpayment 14410 2011 1107 - 257160 1104 - 264958 WELLONS , JERRY WAYNE Overpayment 12806 2010 1102 - 197903 1011 - 198188 DCFS TRUST Tag Surrender 12454 2011 1110 - 297274 1107 - 307186 BAY VALLEY UTILITY AND CO Release 16736 2011 1110 - 296122 1107 - 307291 WHITLEY , RAHMANN A Release 32190 2011 1110 - 299757 1107 - 298225 WATSON , MAL DECORIS Release 18920 2011 1109 - 289016 1106 - 293996 NORTH RALEIGH AIR INC Release 14971 2010 1105 - 224347 1102 - 234790 REID , BESSIE LANGSTON Overpayment 18524 2011 1110 - 300234 1107 - 297495 DAVIS , CAROL DENISE Release 10816 2010 1011 - 152573 1008 - 159058 HILL , REGINA WHITAKER Overpayment 12321 2010 1105 - 223648 1102 - 226209 JWE GROUP LTD Overpayment 13826 2011 1110 - 291858 1107 - 306157 ELLENBERGER , HOLLY VOKOUN Release 42402 2011 1110 - 299425 1107 - 309103 NAESSENS , THERESA DIANNE Release 13855 2011 1110 - 293060 1107 - 302196 PENDER , JOSEPH EDWIN Release 10105 2011 1110 - 300292 1107 - 309609 DUNN , STEVEN JAY Release 32063 2011 1110 - 291727 1107 - 301633 DAVIS , JENENE LOUISE Release 14391 2009 1005 - 080769 1002 - 071740 WILLIAMS , LISA MONEKE Overpayment 15514 2011 1110 - 295090 1107 - 309839 CARVER , BUNNAH OLIVIA OGBURN Release 17085 2011 1108 - 269694 1105 - 276207 JONES , JR , ROBERT CLAUDE Overpayment 14044 2010 1012 - 168874 1009 - 171223 FRED SMITH COMPANY Tag Surrender 10104 2010 1012 - 163454 1009 - 171959 VAUL TRUST Tag Surrender 22948 2011 1110 - 291509 1107 - 309602 CARTER , BRIAN EDWIN Release 24434 2011 1110 - 301786 1107 - 305815 VT INC AS TSTEE WOLT Overpayment 10003 2011 1111 - 308591 1108 - 323653 WILLIAMS , RODRICK KEON Release 12423 2011 1110 - 289655 1107 - 310512 HOGGARD , CATHERINE NEAL Release 19467 2011 1111 - 316319 1108 - 320962 BRANNAN , ANDY CURTIS Release 10006 2011 1107 - 253672 1104 - 266249 CALLAHAN , NANCY AUGUSTA Tag Surrender 10433 2011 1111 - 309506 1108 - 321497 MOORE , MARK DANIEL Release 18874 2011 1111 - 306728 1108 - 323799 PARKER , RUSSELL WORTH Release 13529 2011 1111 - 313180 1108 - 322413 LIVERMAN , ROBERT GARY Release 18678 2011 1110 - 295329 1107 - 306875 GUIDRY , KURT JEFFERY Release 15810 2011 1110 - 295330 1107 - 307365 GUIDRY , KURT JEFFERY Release 29886 Real Personal Property Releases Trans Date Time User Yr Bill # Acct # Taxpayer Name Amount 11 4 2011 09 11 35 AM aheath 2011 - 78430 2000060351 SHIRLEY , MARTY S 27671 10 25 2011 09 48 14 AM aheath 2011 - 42235 2000076480 JACK , JEFFREY MORRIS 11267 10 24 2011 01 12 56 PM aheath 2011 - 24919 2000087287 DOCTORS VISION CENTER 1,35799 10 25 2011 03 45 24 PM aheath 2011 - 82317 2000120325 STEARNS BANK NA 12540 10 28 2011 04 20 52 PM aheath 2010 - 14304 2000121141 C & R GAMES INC 10615 11 4 2011 10 24 39 AM aheath 2010 - 14304 2000121141 C & R GAMES INC - 10615 11 15 2011 03 16 03 PM cfutch 2010 - 14304 2000121141 C & R GAMES INC 10174 11 4 2011 09 30 04 AM sgarner 2011 - 82868 2000126262 STEVENS SAUSAGE COMPANY INC 9,77169 10 28 2011 11 01 25 AM sgarner 2011 - 200844 2000129208 SMITH , TIMOTHY D 29849 10 28 2011 11 03 53 AM sgarner 2011 - 200845 2000129208 SMITH , TIMOTHY D 29849 10 28 2011 11 06 33 AM sgarner 2011 - 200846 2000129208 SMITH , TIMOTHY D 41156 10 28 2011 11 08 32 AM sgarner 2011 - 200847 2000129208 SMITH , TIMOTHY D 47134 10 28 2011 12 09 20 PM sgarner 2011 - 200852 2000129208 SMITH , TIMOTHY D 29654 10 28 2011 12 11 58 PM sgarner 2011 - 200853 2000129208 SMITH , TIMOTHY D 29654 10 28 2011 12 13 58 PM sgarner 2011 - 200854 2000129208 SMITH , TIMOTHY D 29654 10 28 2011 12 16 16 PM sgarner 2011 - 200855 2000129208 SMITH , TIMOTHY D 46944 10 19 2011 03 41 03 PM cfutch 2011 - 58364 2000134565 MCLAMB , SHERRI 57532 11 4 2011 09 35 44 AM sgarner 2011 - 82869 2000134736 STEVENS SAUSAGE ROAD 3411 LLC 1,32838 10 26 2011 12 18 56 PM aheath 2008 - 99032 2000139873 FITNESS EQUIP EXCHANGE LLC 35096 10 26 2011 12 20 38 PM aheath 2009 - 29187 2000139873 FITNESS EQUIP EXCHANGE LLC 32365 10 26 2011 03 26 30 PM aheath 2010 - 29318 2000139873 FITNESS EQUIP EXCHANGE LLC 28855Page622 December 5 , 2011 – 10 00 am Continued 10 26 2011 03 29 33 PM aheath 2011 - 29528 2000139873 FITNESS EQUIP EXCHANGE LLC 24956 11 15 2011 03 00 29 PM cfutch 2010 - 2219 2000140561 ALVAREZ , EDDIE W 23978 11 10 2011 04 20 33 PM aheath 2011 - 20766 2000145538 CREECH , MARSHALL LYNN 1,03849 10 24 2011 09 25 31 AM aheath 2011 - 56934 2000145998 MAZAK CORPORATION 1,02509 10 28 2011 04 55 25 PM aheath 2011 - 93423 2000147277 WILKINS , PAMELA KAY 10548 10 24 2011 09 18 01 AM aheath 2011 - 15665 2000148400 CAROLINA BARBECUE N 15978 11 14 2011 12 21 36 PM aheath 2011 - 55322 2000151706 MARLIN LSG INC 20879 10 27 2011 01 53 58 PM aheath 2011 - 18980 2000151815 COMPASS GROUP USA INC 14772 10 21 2011 03 14 31 PM sgarner 2011 - 200772 2000152745 ALLEY , MARGUERITE ESTATE 35132 10 25 2011 09 39 03 AM aheath 2011 - 103065 2000159781 MILLS & SALTER 99990 10 25 2011 09 36 53 AM aheath 2011 - 200856 2000160918 BAKER , SUDIE WORLEY 29779 10 21 2011 12 15 22 PM sgarner 2011 - 200769 2281610 ALLEY , MARGUERITE 31681 10 21 2011 03 10 42 PM sgarner 2011 - 200770 2281610 ALLEY , MARGUERITE 31681 10 21 2011 03 12 41 PM sgarner 2011 - 200771 2281610 ALLEY , MARGUERITE 20895 11 4 2011 09 26 25 AM aheath 2011 - 20379 969 SELECTIVE CLEARING GRAD INC 55914 Real Personal Property Refunds Trans Date Time User Yr Bill # Acct # Taxpayer Name Amount 10 27 2011 03 30 18 PM jevans 2011 - 74432 2000100265 ROCHA , FELIX 30000 10 31 2011 11 20 24 AM WFHL 2011 - 408 2000089259 ABRAHAMSON , KATHLEEN M 1,50654 10 31 2011 11 20 24 AM WFHL 2011 - 28853 2000156836 BANK OF AMERICA NA 1,08394 10 31 2011 11 20 24 AM WFHL 2011 - 12493 2000118490 BRONG , JOLENE M 48935 10 31 2011 11 20 24 AM WFHL 2011 - 12525 2000019626 BROOKS , DOROTHY RAWLINGS 20000 10 31 2011 11 20 24 AM WFHL 2011 - 14859 2000134059 CALDWELL , STEPHAN A 2,42312 10 31 2011 11 20 24 AM WFHL 2011 - 22323 2000150174 DALESSANDRO , DANIEL S 20028 10 31 2011 11 20 24 AM WFHL 2011 - 22787 2000112903 DAUGHTRY , JEAN MASSENGILL 50342 10 31 2011 11 20 24 AM WFHL 2011 - 27706 2000107524 EMERSON , MICHAEL LEE 18422 10 31 2011 11 20 24 AM WFHL 2011 - 37901 2000074997 HIERS , KIMBERLEE JANE 26041 10 31 2011 11 20 24 AM WFHL 2011 - 41878 2000125564 INGRAMS , DONALD R SR 2,14555 10 31 2011 11 20 24 AM WFHL 2011 - 47151 2000109184 JUDD , KENNETH 1,09845 10 31 2011 11 20 24 AM WFHL 2011 - 50805 2000150882 LAURENTI , EUGENE E 1,72431 10 31 2011 11 20 24 AM WFHL 2011 - 54322 2000131619 LUCAS , JAMES D 47524 10 31 2011 11 20 24 AM WFHL 2011 - 54424 2000150552 LUNA REVOCABLE TRUST 1,82546 10 31 2011 11 20 24 AM WFHL 2011 - 56987 2000149604 MCARTHUR , CAROLYN J 70000 10 31 2011 11 20 24 AM WFHL 2011 - 60988 2000153872 MOORE , JOHN T JR 1,60129 10 31 2011 11 20 24 AM WFHL 2011 - 98504 2000156091 NIEBERGALL , JOSEPH C 20544 10 31 2011 11 20 24 AM WFHL 2011 - 73867 2000127072 RISER , ROGER W 1,43959 10 31 2011 11 20 24 AM WFHL 2011 - 75559 2000154757 RUFFIN , MATTHEW K 50000 10 31 2011 11 20 24 AM WFHL 2011 - 77698 2000146104 SECRETARY OF HOUSING 31116 10 31 2011 11 20 24 AM WFHL 2011 - 83646 2000137470 STREET , KENNETH E 1,56072 10 31 2011 11 20 24 AM WFHL 2011 - 84521 2000140214 SUNDSTROM , ABRAHAM O 2,15330 10 31 2011 11 20 24 AM WFHL 2011 - 97976 2000155767 TAWWAB , JOANNE 22000 10 31 2011 11 20 24 AM WFHL 2011 - 90350 2000154134 TOO CONSTRUCTION CO 26208 10 31 2011 11 20 24 AM WFHL 2011 - 91844 2000125792 WEST , CHAD E 1,88683 10 31 2011 11 20 24 AM WFHL 2011 - 94300 2000147533 WILLIAMS , RUSSELL D 1,80936 10 31 2011 12 33 42 PM jevans 2011 - 31648 2000153056 GAULDIN , TIMOTHY D 31240 11 1 2011 03 54 05 PM kgalindo 2011 - 56987 2000149604 MCARTHUR , CAROLYN J 10000 11 2 2011 12 40 09 PM LOCKBOX 2011 - 22644 2000094026 DARRYL D EVANS INC 22960 11 4 2011 03 17 07 PM BKOA 2011 - 1435 2000134206 ALGOZY , ALI AHMED 96930 11 4 2011 03 17 07 PM BKOA 2011 - 2717 2000115522 ANNIS , MARK S 6,94704 11 4 2011 03 17 07 PM BKOA 2011 - 9773 2000138333 BLAESSER , SIRENA J 1,17672 11 4 2011 03 17 07 PM BKOA 2011 - 17449 2000061923 CHURCH , RANDY GUY 1,13601 11 4 2011 03 17 07 PM BKOA 2011 - 22504 2000038230 DANIELS , RALPH A JR 1,96120 11 4 2011 03 17 07 PM BKOA 2011 - 26284 2000112423 E & F PROPERTIES INC 38183 11 4 2011 03 17 07 PM BKOA 2011 - 29567 2000134428 FITZGERALD , SUSAN M 62542 11 4 2011 03 17 07 PM BKOA 2011 - 34072 2000146130 GREGORY , COURTNEY L 94308 11 4 2011 03 17 07 PM BKOA 2011 - 34362 2000123006 GRIZZLE , DORIS W 24708 11 4 2011 03 17 07 PM BKOA 2011 - 35629 2000142528 HANKINS , KIMAADA 1,16268 11 4 2011 03 17 07 PM BKOA 2011 - 41540 2000139089 HUNT , JEFFREY S 1,63595 11 4 2011 03 17 07 PM BKOA 2011 - 48725 2000133788 KNIGHT , WEBSTER III 1,41358 11 4 2011 03 17 07 PM BKOA 2011 - 52880 2000146336 LESSA , LILLIAN 1,91193 11 4 2011 03 17 07 PM BKOA 2011 - 52991 2000155210 LEWIS , BERRY CHRISTOPHER 1,36571PagePage pageNumber5623 December 5 , 2011 – 10 00 am Continued 11 4 2011 03 17 07 PM BKOA 2011 - 53061 2000051146 LEWIS , JOHN H JR 50945 11 4 2011 03 17 07 PM BKOA 2011 - 57103 2000154635 MCCASKEY , RYAN HAMES 1,07780 11 4 2011 03 17 07 PM BKOA 2011 - 61475 2000127835 MORLEY , STEPHEN 75337 11 4 2011 03 17 07 PM BKOA 2011 - 71967 2000127087 RAPALJE , KARLA RAE 2,15699 11 4 2011 03 17 07 PM BKOA 2011 - 76082 2000155398 SAGLER , JOSHUA S 1,37030 11 4 2011 03 17 07 PM BKOA 2011 - 76129 2000124603 SALETNIK , MARK T 50000 11 4 2011 03 17 07 PM BKOA 2011 - 87431 2000042820 TOOLE , LINDA J 40119 11 4 2011 03 17 07 PM BKOA 2011 - 79858 2000158253 WHITAKER , NONA P 65448 11 4 2011 05 03 43 PM jevans 2011 - 200699 2000006686 ANDERSON , LAVERN 34318 11 4 2011 05 04 37 PM jevans 2011 - 200689 2000126740 STEPHENSON , KENNETH P 36900 11 9 2011 02 50 11 PM LOCKBOX 2011 - 61310 2000151444 MORGAN , BETTY LOUISE 41595 11 14 2011 11 59 53 AM STERLING 2011 - 6560 2000148864 BARNES , GARY STANLEY 25075 11 14 2011 11 59 53 AM STERLING 2011 - 27466 2000125427 ELLIOTT , SABRINA L 1,70403 11 14 2011 11 59 53 AM STERLING 2011 - 28778 2000129807 FARMER , TERESA S 51738 11 14 2011 11 59 53 AM STERLING 2011 - 29197 2000141564 FIELDS , KELLY OXENDINE 1,30813 11 14 2011 11 59 53 AM STERLING 2011 - 99139 2000127663 GREEN TREE SERVICING LLC 70444 11 14 2011 11 59 53 AM STERLING 2011 - 43210 2000090116 JENNINGS , JEFFREY C 2,03499 11 14 2011 11 59 53 AM STERLING 2011 - 46292 2000087094 JONES , HEATH W 1,21934 11 14 2011 11 59 53 AM STERLING 2011 - 74611 76301055 ROGERS , HAROLD EDWARD 1,88534 11 14 2011 11 59 53 AM STERLING 2011 - 92900 2000148393 WHITLOW , ALFRED LEE JR 2,21262 11 14 2011 02 42 08 PM kgalindo 2011 - 13476 2000023230 BUICE , CAROL LYN 40355 11 15 2011 11 44 48 AM LRTA 2011 - 16253 2000097190 CARTER , MICHAEL A JR 1,20590 11 15 2011 12 32 26 PM jdunn 2011 - 36245 36502740 HARRIS , JAMES H 10000 11 15 2011 03 03 18 PM cfutch 2010 - 2219 2000140561 ALVAREZ , EDDIE W 23978 November 18 , 2011 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 10 16 11 to 11 15 11 Tax refunds - Personal Real Property 90212 Tax releases - Personal Real Property 1,08351 Motor Vehicle releases refunds 6,30661 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Organization of the Board Chairman of the Board County Manager Rick Hester called for nominations for Chairman of the Board Commissioner Tony Braswell nominated Commissioner Allen L Mims , Jr to serve as Chair Commissioner DeVan Barbour seconded the nomination There being no further nominations , Commissioner Allen L Mims , Jr was elected by acclamation to serve as Chairman for a one year term Vice Chairman of the Board Chairman Allen L Mims , Jr called for nominations for Vice Chairman of the Board Commissioner DeVan Barbour nominated Commissioner Jeffrey P Carver Commissioner W Ray Woodall seconded the nomination There being no further nominations , Commissioner Jeffrey P Carver was elected by acclamation to serve as Vice Chairman of the Board for a one year term 4 Public Comments A Introduction of New EMS Training Officer EMS Division Chief Josh Holloman introduced the County’s new EMS Training Officer Ben Lawson Mr Holloman stated that prior to Mr Lawson’s promotion to EMS Training Officer he worked as a Paramedic with Johnston County EMS The Board congratulated Mr Lawson on his promotion Commissioner Cookie Pope thanked Johnston County EMS for their work and specifically spoke on a recent assist with a cardiac arrest patient that had a positive outcome PagePage pageNumber6624 December 5 , 2011 – 10 00 am Continued Commissioner Tony Braswell thanked Mr Holloman for his work during his tenure as EMS Training Officer B Animal Services Grant Award Director of Animal Services Ernie Wilkinson reported on two grants received by Johnston County Animal Services from the ASPCA in the amount of 3,000 and the Humane Society of the United States in the amount of 3,000 Mr Wilkinson stated the grants will be used for internal renovations primarily in the veterinary care area Mr Wilkinson also reported the spay and neuter program on adopted animals continues to increase He noted that six years ago Animal Services saw an average of approximately 22 adopted animals each month being spayed or neutered and now , the number has increased to over 150 animals per month Mr Wilkinson stated the Animal Services adoption contract requires all adopted animals to be spayed or neutered within 30 days The Board congratulated Animal Services on the grant awards 5 Request to Address the Board – Colonel Dennis Nielsen Mr Nielsen was not present Note Mr Nielsen attended the 6 00 pm meeting and presented his request , upon which the Board took no action 6 Triangle Land Conservancy – Narron Farm 2 Conservation Easement Partnership Robert Howes , Conservation Project Manager with the Triangle Land Conservancy , addressed the Board regarding a potential partnership between the County and the Triangle Land Conservancy TLC for the Narron Farm 2 Conservation Easement Project Mr Howes explained that TLC seeks to partner with Johnston County to protect approximately 82 acres along the Little River which would be donated by the landowner Mr Howes stated that TLC requests up to 19,000 from the County’s stormwater fee - in - lieu program to be used towards the survey costs and stewardship He noted TLC has secured grants from the Clean Water Management Trust Fund and the NC Environmental Enhancement Grant Program which will also contribute towards the transaction costs The landowner is contributing funds to TLC for the stewardship as is required in the conservation easement agreement Mr Howes presented the following budget for the project and offered to answer any questions Upon a question by Chairman Allen L Mims , Jr , Mr Howes reported the easement project would help protect the federally endangered dwarf wedge mussel as well as water quality which is an issue due to drainage from the property into the Little River Mr Howes stated TLC is also in partnership with the Clean Water Management Trust Fund for the conservation easement Commissioner Wade M Stewart noted that the budget calls for 13,500 of the County’s stormwater fee - in - lieu funds to be used towards stewardship of the easement and he asked what stewardship would involve PagePage pageNumber7625 December 5 , 2011 – 10 00 am Continued Mr Howes stated the conservation easement would be perpetual and would have to be inspected at least annually by TLC representatives to ensure there are no violations to the easement agreement He explained the cost estimate for stewardship is determined using a formula created by the Clean Water Management Trust Fund Mr Howes continued that the stewardship monies would be placed in an endowment dedicated to the specific project He stated once the funds are spent , TLC would be responsible for the ongoing obligation Commissioner Jeffrey P Carver noted the County would be contributing the largest amount of money towards stewardship at 13,500 with the Clean Water Management Trust Fund contributing 1,550 and the landowner contributing 2,000 He asked if the funds would become part of TLC’s operational budget Mr Howes stated the funds are placed into a separate account specific to the easement project and are drawn down as needed Commissioner Stewart questioned how the tax value of the property would change if the conservation easement project is approved Mr Howes stated tax values are based on the ability to develop properties ; therefore , if the conservation easement is approved , the tax value of the property would probably decrease Mr Howes added that if the property is already in the farm use tax deferment program , then the value is most likely already low Tax Administrator Pat Goddard stated the Tax Office does consider conservation easements when determining tax values and noted that most all of the conservation easements are already in the farm use tax deferment program Commissioner DeVan Barbour asked , in TLC’s annual inspection of the easement property , how they would address drainage or runoff issues on adjacent land Mr Howes stated while TLC is aware of activities on neighboring properties , there is little they can do unless the neighboring activities are directly impacting the easement property Commissioner Tony Braswell asked how TLC becomes involved with landowners on conservation easement projects Mr Howes reported TLC is contacted by interested landowners through word - of - mouth as well as TLC performs outreach by working with Soil & Water Conservation , the Forestry Service , and other appropriate agencies Commissioner Cookie Pope asked if timber harvesting is restricted on the conservation easement property Mr Howes stated timber harvesting is restricted within the buffer area of the easement ; however , timbering is allowed on the remainder of the property so long as best management practices are followed Chairman Mims inquired from staff as to the available funding in the stormwater fee - in - lieu fund Chandra Coats , PE , Public Utilities Engineering and Construction Manager , reported that approximately 400,000 remains in the stormwater fee - in - lieu fund She noted the fund has only been used on one other conservation easement project to date At the inquiry of Commissioner Carver , Director of Finance Chad McLamb stated the stormwater fee - in - lieu fund is not included in the County’s general fund Commissioner Jeffrey P Carver moved the Board approve the request to contribute up to 19,000 from the County’s stormwater fee - in - lieu fund to the Triangle Land Conservancy to be used towards the survey costs and stewardship of the Narron Farm 2 Conservation Easement Commissioner Tony Braswell seconded the motion which carried by unanimous vote PagePage pageNumber8626 December 5 , 2011 – 10 00 am Continued 7 Department of Social Services – Request for Additional Technology Position Commissioner Jeffrey P Carver moved the Board table the request for an additional DSS technology position until the January 3 , 2012 10 00 am meeting Commissioner DeVan Barbour seconded the motion which carried by unanimous vote 8 Public Utilities – Hialeah Water System Consolidation Project Closeout Chandra Coats , PE , Engineering and Construction Manager , explained that on October 31 , 2011 , staff received the final reimbursement for the ARRA principal forgiveness loan on the Hialeah Water System Consolidation project in Wake County She reported the original project loan was estimated at 301,10500 Ms Coats stated the work is complete which has resulted in the actual cost of the project running under budget by 24,90891 Ms Coats stated staff respectfully requests approval of a budget revision to reconcile the actual costs to equal the final principal forgiveness amount of 269,958 and establish a revenue account for the upcoming sales tax refund in the amount of 6,23809 The final cost of the project was 276,197 to serve 31 customers with County water which represents 24 new customers covered by the grant program and 7 new customers that purchased tap services adjacent to the newly constructed water lines At the inquiry of Commissioner Wade M Stewart , Ms Coats reported the entire project was funded with grant money and the only County funds involved will be for long term maintenance Commissioner Jeffrey P Carver noted the monthly revenue received from the water customers should cover the long term maintenance Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the following budget revision to close out the Hialeah Water System Consolidation Project BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 20 78601800 Construction 11,19654 20 78605596 Assessment Fees 3,06000 20 78607406 Contingency 12,65880 20 78600406 Technical Services 2,00643 TOTAL NET EXPENDITURES 24,90891 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 20 786033704 Sales Tax Refund 6,23809 20 786034180 ARRA Principal Forgiveness 31,14700 TOTAL NET REVENUE 24,90891 9 Public Utilities – Award of Contract – Cleveland Area Force Main The Board reviewed the following bids , which were received on November 15 , 2011 for the Cleveland Area Force Main Project The project includes the construction of approximately 30,000 lf of 20 ” force main from the intersection of Josephine and Cleveland Roads to an existing flow equalization and pumping facility at the County Landfill Bids were received from 12 contractors , as follows Bidder License # Bid Base Bid Bond Ralph Hodge Construction Company 6271 Yes 2,605,12950 RD Braswell Construction Company 25994 Yes 2,606,52210 Dellinger , Inc 5992 Yes 2,741,72300 DeVere Construction Company , Inc 46097 Yes 2,791,92225 D H Griffin Infrastructure , LLC 35375 Yes 2,815,51500PagePage pageNumber9627 December 5 , 2011 – 10 00 am Continued HG Reynolds Company , Inc 14149 Yes 2,838,51000 EBG , Inc 44610 Yes 2,839,48665 Monroe Roadways 39358 Yes 2,917,96675 Triangle Grading & Paving , Inc 17456 Yes 2,970,94100 Sanford Contractors , Inc 6301 Yes 3,122,60362 Moffat Pipe , Inc 54906 Yes 3,142,24500 State Utility Contractors , Inc 17793 Yes 3,237,27400 Corrected as shown Chandra Coats , PE , Engineering and Construction Manager , explained that the bid advertisement and opening procedures were consistent with statutory requirements to the best of staff’s knowledge She reported the low bid was submitted by Ralph Hodge Construction Company in the amount of 2,605,12950 and the project budget and capital project ordinance was adopted on September 7 , 2010 Ms Coats noted that Ralph Hodge Construction Company’s bid is within the previously adopted budget and the total project budget is 3,500,000 She reported the project will be funded by two State Revolving Fund loans through the NC Department of Environment and Natural Resources – Construction Grants and Loans a 3,000,000 loan with a 20 year term and 0 apr interest and a 500,000 loan with a 20 year term and 222 apr interest Ms Coats stated Ralph Hodge Construction Company is properly licensed and experienced in the type of construction involved and has the financial , labor , and equipment resources required to complete the pipeline construction within the stipulated contract completion time She stated staff recommends award of the Cleveland Area Force Main construction contract to Ralph Hodge Construction Company of Wilson , NC in the amount of 2,605,12950 contingent upon the concurrence from NCDENR Construction Grants and Loans Chairman Allen L Mims , Jr asked if all the easements had been secured Ms Coats reported there is one outstanding easement and she asked the Board to award the contract subject to acquisition of the easement Ms Coats stated staff expects to secure the final easement soon in that recent conversations with the landowner have been positive Commissioner Cookie Pope moved the Board award the Cleveland Area Force Main construction contract to Ralph Hodge Construction Company of Wilson , NC in the amount of 2,605,12950 contingent upon the concurrence from NCDENR Construction Grants and Loans and subject to easement acquisition Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 10 Public Utilities – Resolutions for CDBG Brookside Landing Project Chandra Coats , PE , Engineering and Construction Manager , reported that Johnston County has been awarded a Community Development Block Grant for water and sewer to serve the Brookside Landing multifamily senior housing project near the intersection of Glen and Cleveland Roads She explained that in order to comply with the funding conditions , staff requests the Board to adopt resolutions that would apply to the Brookside Landing project Ms Coats reported the first resolution is to adopt the Department of Social Services ’ “ Language Access Plan ” , with amendments as noted in the resolution , for the duration of the CDBG project construction The second resolution is to adopt the Citizen Participation Plan , Section 3 Plan , Equal Opportunity and Procurement Plan , Procurement Policy , Code of Conduct , Residential Antidisplacement and Relocation Assistance Policy , Section 519 Policy , Property Acquisition Policy , and Labor Standards Officer Ms Coats offered to answer any questions Upon questions by Commissioner Tony Braswell , Ms Coats reported the County participated on the Brookside Landing Project because it will allow the extension of a sewer outfall that will serve Brookside Landing as well as it will allow the County to abandon an existing problematic pump station in the area She clarified that the Brookside Landing developer is constructing the housing project and the County is only assisting with the infrastructure through the CDBG funds Commissioner Wade M Stewart noted his concerns with some of the language in the resolutions and asked the County Attorney for more explanation County Attorney David Mills stated the resolutions are directed towards the Brookside Landing Project as a condition of receiving the CDBG funds Mr Mills added that by adopting the resolutions , the County is confirming that the policies within the resolutions have been adopted relating to the Brookside Landing ProjectPage0628 December 5 , 2011 – 10 00 am Continued as well as any other project involving federal funding Mr Mills stated under the resolutions , Skip Green of Skip Green & Associates grant consultant will be the Labor Standards Officer for the County Commissioner Tony Braswell moved the Board adopt the following resolutions for the Community Development Block Grant Brookside Landing Project Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Resolution to Adopt the Department of Social Services Language Access Plan For Johnston County’s Brookside Landing Infrastructure Project Small Cities Community Development Block Grant Number 10 - C - 2212 Whereas , Johnston County has received a Small Cities Community Development Block Grant - Housing Development Grant , and Whereas , the Small Cities Community Development Block Grant CDBG Program requires grant recipients to have a Language Access Plan , and Whereas , Johnston County’s Department of Social Services has developed and is administering a Language Access Plan Therefore be it resolved by the Johnston County Board of County Commissioners that 1 The Johnston County Department of Social Services Language Access Plan be adopted with the following amendment for use by Johnston County’s Brookside Landing Infrastructure Project , CDBG Project 10 - C - 2212 for the period January 2012 through January 1 , 2014 or the project is closed - out , whichever comes first Last page of the plan – “ C Resolution of Matters 3 If not resolved by Community Investment and Assistance , North Carolina Department of Commerce CI , then complaint will be forwarded to OCR , USDHHS , Region IV ; AND TO DOJ , HUD FIELD OFFICE ” th Adopted this the 5 day of December , 2011 A RESOLUTION TO ADOPT POLICIES AND GUIDELINES FOR JOHNSTON COUNTY’S SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT # 10 - C - 2212 Whereas , Johnston County has received a Small Cities Community Development Block Grant CDBG administered by the North Carolina Department of Commerce , and Whereas , the use of these funds requires that specific policies and guidelines be used NOW THEREFORE BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 Johnston County adopts the following attached policies and guidelines for Johnston County CDBG – Economic Development Program projects • Citizen Participation Plan • Section 3 Plan • Equal Opportunity and Procurement Plan • Procurement Policy • Code of Conduct • Residential Antidisplacement and Relocation Assistance Policy • Section 519 Policy • Property Acquisition Policy • Labor Standards Officer Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Citizen Participation Plan Project # 10 - C - 2212 I INTRODUCTION AND STATEMENT OF INTENT In accordance with Section 1002 of the North Carolina CDBG Regulation Johnston County County has adopted the following procedures to ensure that citizens have a written citizen participation plan , including a complaint procedure for its Small Cities Community Development Block Grant program II SCOPE OF CITIZEN PARTICIPATION Citizens will be involved in all stages of the CDBG program , including program implementation , assessment of performance and design , and changes in the Citizen Participation Plan Citizen involvement shall be encouraged by giving proper notice of public hearings where citizens will have an opportunity to express questions , concerns , or comments , and the submission of and responses to written complaints or comments as described herein Page1629 December 5 , 2011 – 10 00 am Continued Citizen participation shall include involvement in the identification of community needs that can be addressed by the CDBG program ; the development of CDBG applications ; any amendments to the CDBG program ; and assessing the performance of a CDBG program upon its completion III STANDARDS OF CITIZEN PARTICIPATION All public hearings shall be conducted with freedom of access for all citizens If citizens require technical assistance to understand any aspect of the CDBG program they are to contact the County The County will utilize the CDBG program’s “ Language Access Plan ” to provide interpreters for any non - English speaking and or deaf resident requiring a translator to understand or comment on the CDBG program IV PUBLIC INFORMATION - CITIZEN PARTICIPATION Citizens shall be involved in the determination of priorities and community needs The views and proposals of citizens concerning community needs and priorities , especially the views of low and moderate income persons and members of minority groups shall be solicited through two public hearings held prior to the submission of a CDBG Application During these public hearings citizens shall be encouraged to submit views and proposals regarding community needs Comments may be either oral or written Written comments may be presented at the public hearing or they may be mailed in for consideration prior to the hearing In any case , written comments must be received no later than the date and prior to the time of the public hearing The County shall respond in writing to written comments within ten 10 calendar days after the receipt of the comments The response shall outline the action taken regarding the comments and the reasons for the action All comments should be addressed to Rick J Hester , Manager Johnston County PO Box 1049 207 E Johnston Street Smithfield , North Carolina 27577 Adequate notice of public hearings shall be provided in a timely manner and in such a way as to make them accessible and understandable to all citizens Notices for required public hearings shall appear in the nonlegal section of a local newspaper at least once prior to the date of the public hearing Notices shall be published not less than ten days nor more than twenty - five days before the date fixed for the hearing Such notices shall indicate the time , date , place and a brief description of the topic of the public hearing Citizen participation for a CDBG project shall include the following public hearings REQUIRED PUBLIC HEARINGS 1 Planning Stage Prior to the preparation of an application a public hearing shall be held to explain the CDBG program and obtain views and proposals of citizens in regard to community development needs 2 Application Stage Prior to the submission of a CDBG application a public hearing shall be held to explain the CDBG proposed applications activities , design , impact and costs Citizen views and comments obtained at this public hearing will be considered for incorporation into the final CDBG application 3 Amendment Process A public hearing will be held in accordance with North Carolina Department of Commerce , CDBG Rule 0910 of Subchapter 13L prior to the submission of an amendment if it is required by the Commerce Finance Center 4 Annual Program Assessment A performance hearing will be held 30 to 60 days prior to the start of planning for the next program year Citizens will be invited to submit comments on all aspects of program performance through the program year This hearing will include comments on the performance of the Citizen Participation Plan 5 Project Closeout During the grant closeout period the County will hold a public hearing to access the programs performance V AVAILABILITY OF COMMUNITY DEVELOPMENT RECORDS As provided in Rule 0911 of Subchapter 19L , North Carolina Community Development Block Grant Program Regulations , the County shall make public Community Development records and information consistent with applicable State and local laws regarding personal privacy and obligations of confidentiality A Public File containing program documentation will be available for review at the Johnston County Public Utilities Office during normal business hours Included will be copies of the Application , Environmental Review Record , the Citizen Participation Plan and the Annual Performance Report Other program documents are also available for citizen review on request at the Johnston County Public Utilities Office consistent with applicable State and local laws regarding personal privacy and obligations of confidentiality Documents shall be on file for public inspection in the County TYPES OF DOCUMENTS AVAILABLE FOR REVIEW 1 Mailings and promotional materials ; 2 Records of public hearings ; Key documents including the application , letters of approval , grant agreement , written Citizen Participation Plan , performance reports , other reports required by the Commerce Finance Center 3 Copies of the regulations , notices , transmittals , and issuances governing the CDBG program ; and 4 Documents regarding other important program requirements such as contracting procedures , environmental policies , fair housing , and other equal opportunity requirements , relocation provisions , and the A - 95 review process Page2630 December 5 , 2011 – 10 00 am Continued Copies of these documents are subject to a copy fee of 25 cents per page All information contained in CDBG files other than the preceding listed information , NAMELY information pertaining to the employment , income , bank deposits and other assets , marital status , and total assets of beneficiary ies employees seeking employment , hired and or retained and the economic development beneficiary ies , will be maintained in accordance with the requirements of GS 160A - 168 and will be open to public inspection only in the following cases 1 The Chairman of the County Commissioners , County Commissioner , County Manager , and County Attorney may examine all materials on file 2 By court order of competent jurisdiction , designated person may examine all material on file 3 An official of an agency of the State or Federal government , or any political subdivision of the State , may inspect any portion of the file when such inspection is deemed by County Officials as listed above as necessary and essential to the pursuance of a proper function of the inspecting agency Each individual requesting access to confidential information will be required to submit satisfactory proof of identity ; and a record will be made of each disclosure and placed in the respective file VI TECHNICAL ASSISTANCE Technical Assistance will be provided to citizen organizations and groups of low moderate income persons or target area residents upon request to Johnston County Such assistance will support citizen efforts to develop proposals , define policy and organize for the implementation of the program It is expected that such assistance will be provided directly by the County in response to their request Assistance could be provided in the form of local presentations , informational handouts , research of a specific issue or other short - term efforts VII GRIEVANCE PROCEDURE The County will use the following procedures to process citizen complaints Citizens may make comments at any point in the program including planning , implementation and closeout The County will respond in writing to written citizen comments Citizen comments should be mailed to Rick J Hester , Manager Johnston County PO Box 1049 207 E Johnston Street Smithfield , North Carolina 27577 The County will respond to all written citizen comments within ten calendar days of receipt of the comments If the citizen is dissatisfied with the local response , he she should write to the North Carolina Department of Commerce , Division of Community Investment and Assistance , 4301 Mail Service Center , Raleigh , North Carolina 27699 - 4301 , Attention Susan Nolan , Project Representative , requesting an investigation of the problem Program staff will also be available during normal business hours to respond to any citizen inquiries or complaints All complaints received by the County and all responses shall be maintained in a complaint file Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Local Economic Benefit for Low - and Very Low - Income Persons Section 3 Plan It shall be the policy of Johnston County County , in conducting its Small Cities Community Development Block Grant CDBG Housing Development program , to ensure that , to the greatest extent possible , contracts for work are awarded to business concerns located or owned in substantial part by persons residing in the Section 3 covered area , as required by Section 3 of the Housing and Urban Development Act of 1968 , Johnston County has developed and hereby adopts the following Plan This Section 3 Plan shall apply to services needed in connection with the grant including , but not limited to , businesses in the fields of planning , consulting , design , building construction renovation , maintenance and repair , etc This Section 3 covered project area for the purposes of this grant program is Johnston County When in need of a service , Johnston County will identify suppliers , contractors or subcontractors located in the Section 3 area Resources for this identification shall include the Minority Business Directory published through the State Department of Commerce and the Small Business Administration , NC District Office located in Raleigh Word of mouth recommendation shall also be used as a source Johnston County will include this Section 3 clause in all contracts executed under this CDBG Program Where necessary , listings from any agency noted above deemed shall be included as well as sources of subcontractors and suppliers The prime contractor selected for major public works facility or public construction work will be required to submit a Section 3 Plan which will outline his her work needs in connection with the project Should a need exist to hire any additional personnel , the Johnston County Employment Security Commission shall be notified and referred to the contractor Prior to advertising for construction contracts , Johnston County will advertise in a local newspaper an advertisement , prominently located as a display advertisement , the pertinent information regarding the project including Section 3 information Page3631 December 5 , 2011 – 10 00 am Continued Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Equal Employment and Procurement Plan Johnston County maintains the policy of providing equal employment opportunities for all persons regardless of race , color , religion , sex , national origin , handicap , age , political affiliation , or any other non - merit factor , except where religion , sex , national origin , or age are bona fide occupation qualifications for employment In furtherance of this policy , Johnston County prohibits any retaliatory action of any kind taken by any employee of the locality against any other employee or applicant for employment because that person made a charge , testified , assisted or participated in any manner in a hearing , proceeding or investigation of employment discrimination Johnston County shall strive for greater utilization of all persons by identifying previously underutilized groups in the workforce , such as minorities , women , and the handicapped , and making special efforts toward their recruitment , selection , development and upward mobility and any other term , condition , or privilege of employment Responsibility for implementing equal opportunities and affirmative action measures is hereby assigned to the County’s Human Resource Director to assist in the implementation of this policy statement Johnston County shall development a self - evaluation mechanism to provide for periodic examination and evaluation Periodic reports as requested on the progress of Equal Employment Opportunity and Affirmative Action will be presented to the Chairman of the Johnston County Board of Commissioners Johnston County is committed to this policy and is aware that with its implementation , the County will receive positive benefits through the greater utilization and development of all its human resources Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Procurement Policy Johnston County County shall use the following guidelines in the procurement of services and supplies , which will be financed whole or in part by Federal funds as applicable by program regulations 1 OFFICE SUPPLIES AND EQUIPMENT The County will use the Small Purchase Procedure for the procurement of supplies aggregate shall not exceed 10,000 The County shall prepare a list of the supplies that are anticipated to be needed during the startup and course of the project This list will be given to at least three vendors in the general area The County shall select the supplier vendor based upon the low bid for the total purchase 2 PROFESSIONAL SERVICES The County shall use the Competitive Negotiation Procedure for the procurement of professional services The following guidelines will apply a A notice soliciting professional service proposals will be placed in a newspaper with local circulation at least 14 days prior to the selection date b A Request for Proposal will be developed and sent to at least three interested firms or individuals known to provide the solicited professional services The Request will follow the procurement guidelines as expressed by Federal program guidelines and set forth clearly the requirements that the offeror shall be expected to fulfill c Proposals must contain cost of service expressed as a lump sum cost or a not to exceed cost with hourly rates Note Engineering firms are exempt from having to include a lump sum or not - to - exceed statement in their proposals d An adequate number of responses from qualified sources must be received in order to proceed with the selection process If this is not the case , then the County must follow the above - described procedure for a second time and expand the area of circulation of the advertisement On the second solicitation , any response may be reviewed for selection , but the County need not be obligated to accept the single proposal and may elect to begin the process again e Awards will be made to the responsible firm person having the ability to perform successfully under the terms and conditions of the proposed procurement Factors to be considered in the award of contract include contractor integrity ; record of past performance , experience ; education ; familiarity with the subject matter and with the County , etc Contract award cannot be based upon evaluation of cost of service alone Once a candidate has been selected , the County at its option may negotiate the cost of service Proposals will be reviewed on the following bases 1 CONTENT REVIEW Each proposal received will be evaluated to determine how the respondent addressed the scope of services Review should include a look for clarity , project understanding , feasibility and staffing qualifications to administer the service The proposal which most clearly meets this review should be ranked highest and should receive a 20 point score The average proposal should receive a 10 point score Proposals which contain poor contents should receive a 1 point score If no proposal is assessed to have superior contents or exceptionally poor contents , the rankings should be consistent at 5 points Page4632 December 5 , 2011 – 10 00 am Continued 2 PERFORMANCE REVIEW Proposals should be reviewed and reference calls should be made to assess past performance The individual firm determined to have the most superior performance based upon successfully working on similar projects will receive a 20 point score Average performance should receive a 10 point score Poor performance should receive a 1 point score If no proposal is assessed to have superior contents or exceptionally poor contents , the rankings should be consistent at 5 points 1 BONUS POINTS Bonus points may be assigned to the scores as applicable for the following a Disadvantaged firms minority ownership at least 51 of business 1 point b Small Business lt; 100,000 annually 1 point c Local Business Section 3 Area 1 point 4 COST OF SERVICE Cost of service shall be negotiated with the firm selected on the basis of the above criteria The County shall negotiate price with the firm having the highest ranking In the event that a price cannot be negotiated with the highest - ranking firm , the County will negotiate with the firm having the next highest ranking This process will continue until a reasonable price has been negotiated with the professional firm having the highest point total At this time the firm will be awarded the contract The County has the right to reject any or all proposals 3 CONTRACTUAL SERVICES OVER 2,000 These services , including but not limited to contractors for public works activities and housing rehabilitation , shall be secured through the bidding procedure as outlined in OMB Circular A - 102 , Attachment O Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Code of Conduct No employee , officer or agent of the County shall participate in the selection , or in the award of administrative purchases or conflicts if a conflict of interest , real or apparent , would be involved Such conflict would arise when a the employee ; b officer or agent ; c any member of his her immediate family ; d his or her partner ; or e an organization that employs , or is about to employ , any of the above , has a financial or other interest in the firm selected for award The grantees officers , employees or agents shall neither solicit nor accept gratuities , favors or anything of monetary value from contractors , potential contractors or parties to sub agreements Acceptance of gifts , other than items of nominal value such as advertising novelties , is prohibited Officials shall not become obligated to any vendor and must not conclude any County transaction from which they may personally benefit Violators of the above standards will be subject to disciplinary action up to and including dismissal and or prosecution to the extent permitted by State and local regulations Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Guideform Residential Antidisplacement and Relocation Assistance Plan Under Section 104 d of the Housing and Community Development Act of 1974 as Amended Johnston County County recognizes that during the course of administering a CDBG program it sometimes becomes necessary to relocate businesses and residences , as applicable In the event that it should become necessary , the following Plan is provided as a guideform for any antidisplacement or relocation assistance that may be required UNDER THIS PLAN THE COUNTY will replace all occupied and vacant occupiable low moderate - income dwelling units demolished or converted to a use other than as low moderate - income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974 , as amended , as described in 24 CFR 570606 b 1 All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion Before obligating or expending funds that will directly result in such demolition or conversion , the County will make public and submit to the North Carolina Department of Commerce the following information in writing 1 A description of the proposed assisted activity 2 The general location on a map and approximate number of dwelling units by size number of bedrooms that will be demolished or converted to a use other than as low moderate income units as a direct result of the assisted activity 3 A time schedule for the commencement and completion of the demolition or conversion 4 The general location on a map and approximate number of dwelling units by size number of bedrooms that will be provided as replacement dwelling units 5 The source of funding and time schedule for the provision of replacement dwelling units 6 The basis for concluding that each replacement dwelling unit will remain a low moderate income dwelling unit for at least 10 years from the date of initial occupancy Page5633 December 5 , 2011 – 10 00 am Continued The County will provide relocation assistance as described in its adopted Optional Coverage Relocation Policy and as described in the Housing and Community Development Act of 1974 , as amended , as described in 24 CFR 570606 b 2 to each household displaced by the demolition of housing or by the conversion of a dwelling to another use as a direct result of CDBG assisted activities Consistent with the goals and objectives of activities assisted under the Act , the County will take the following steps to minimize the displacement of persons from their homes STEPS TO MINIMIZE THE DISPLACEMENT OF PERSONS FROM THEIR HOMES 1 Prior to the initiation of public work activities the County will emphasize the approval of routes that will not result in the displacement of persons from their homes Prior to considering the approval of a public works project that will displace a person from their home , the Countys engineering firm will provide a description of alternate design route considerations and why the proposed route that will displace a person from their home s is the best option In the event that the displacement of persons from their homes does occur , the County will follow procedures of 49 CFR Part 24 Uniform Relocation Assistance and Real Property Acquisition Regulations for Federal and Federally Assisted Programs ; Final Rule and Notice regulations and its adopted Optional Coverage Relocation Policy as may be applicable to the individual situation Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Resolution to Prohibit Excessive Force By Law Enforcement Section 519 Whereas , Johnston County has received a Small Cities Community Development Block Grant CDBG administered by the North Carolina Department of Commerce , and WHEREAS , the Small Cities Community Development Block Grant Program requires that the County has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies in accordance with Section 519 of Public Law 101 - 144 , the HUD Appropriations Act NOW THEREFORE BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 As policy Johnston County prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations and will enforce this policy as permitted by applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstration within its jurisdiction in accordance with Section 519 of Public Law 101 - 144 , the 1990 HUD Appropriations Act Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Section 519 Certification Johnston County Grantee PO Box 1049 , 207 E Johnston Street , Smithfield , North Carolina 27577 Grantees Address 10 - C - 2212 Grant Number I hereby certify that Johnston County has adopted and will enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations and has adopted and is enforcing a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstration within its jurisdiction in accordance with Section 519 of Public Law 101 - 144 , the 1990 HUD Appropriations Act Allen L Mims , Jr , Chairman December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Property Acquisition PolicyPage6634 December 5 , 2011 – 10 00 am Continued Whereas , Johnston County has received a Small Cities Community Development Block Grant CDBG administered by the North Carolina Department of Commerce , and WHEREAS , the acquisition of real property , easements , and rights of way are eligible activities under the rules and regulations regarding the Community Development Block Grant Program administered by the State of North Carolina NOW THEREFORE BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 Johnston County will follow the procedures outlined in Section 0301 of the North Carolina Community Development Block Grant Program Regulations 15 NCAC 13L to acquire property using Community Development Block Grant funds Adopted December 5 , 2011 Johnston County Community Development Block Grant Program Project # 10 - C - 2212 Labor Standards Officer Whereas , Johnston County ha