March 1, 2010 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 681 Meeting of the Johnston County Board of Commissioners March 1 , 2010 10 00 am The Johnston County Board of Commissioners met in regular session Monday , March 1 , 2010 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Chad McLamb , Finance Officer , David Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 10 00 am Commissioner W Ray Woodall opened the meeting with a prayer Commissioner Tony Braswell 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 Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – February 3 , 2010 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 Lancashire Run – Steeplechase Subdivision – Cleveland Township Stone Gate Drive , Billet Court , and Mineral Court – Stone Gate Subdivision formerly West Watson Road Tract – Pleasant Grove Township C Call for Public Hearing – Amendments to Code of Ordinances – Section 24 , Article II The Board scheduled a public hearing to allow for public comment on proposed ordinance amendments to Section 24 , Article II , Division 2 – Water Conservation of the Code of Ordinances at the April 5 , 2010 10 00 am meeting D Call for Public Hearing – Agricultural Development Plan for Johnston County The Board scheduled a public hearing for the April 5 , 2010 10 00 am meeting to allow for public comment on the final draft of the Agricultural Development Plan for Johnston County formerly referenced as the Farmland Protection Plan E Criminal Justice Partnership – Request for State Grant Renewal for FY 10 - 11 The Board approved the grant renewal application for FY 10 - 11 for grant monies in the amount of 124,41600 from the North Carolina Department of Correction for the Johnston County Criminal Justice Partnership Advisory Board Page682 March 1 , 2010 – 10 00 am Continued F Memorandum of Understanding with Town of Selma – Allowing the Voluntary Agricultural District Program to Exist within the Town of Selma Boundaries The Board approved a Memorandum of Understanding between the County and the Town of Selma allowing Voluntary Agricultural Districts to exist within the Town of Selma The memorandum of understanding will allow the County’s Voluntary Agricultural District Board to continue to oversee the program within municipal boundaries , thereby preventing the Town from having to formulate and manage their own district G Order to Advertise Tax Liens Pursuant to NCGS § 105 - 369 a and b1 , the total amount of unpaid real estate taxes for 2009 is 5,906,61827 as of January 29 , 2010 To satisfy the requirement of NCGS § 105 - 369 b1 , notices of unpaid delinquent taxes were sent via US mail to the owners of record as of January 6 , 2010 At the request of Tax Administrator Pat Goddard , the Board authorized the Tax Department to advertise the liens for the delinquent 2009 tax bills H Tax Releases & Refunds – 1 16 2010 – 02 15 2010 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2009 1001 - 035490 0910 - 022013 WHITE , LEVI JASON Release 14406 2009 1001 - 035491 0910 - 023009 WHITE , LEVI JASON Release 13037 2009 1001 - 029066 0910 - 022710 WEST , TAMMY RENAE Release 17515 2009 1001 - 027335 0910 - 016206 DALE , JOHN WESLEY Overpayment 25156 2008 0905 - 918905 0902 - 035454 LITTLE , TEREZ MERCEDES Release 43598 2009 0912 - 013961 0909 - 007776 HERRING , LLOYD RAY Overpayment 13625 2009 0910 - 997208 0907 - 106770 SHEFFIELD , ALLEN CHARLES Overpayment 13030 2009 0910 - 987425 0907 - 109925 BENNETT , BETTY JO Overpayment 14533 2009 1001 - 027428 0910 - 021083 DUNN , JAMES CHRISTOPHER Overpayment 23542 2009 1001 - 031091 0910 - 020334 FREDE ENTERPRISES LLC Release 14163 2009 1001 - 031885 0910 - 024596 YOUNGS , NICOLE LYNN Release 21801 2009 0911 - 005011 0908 - 128338 FRISCHMAN , MICHAEL Overpayment 12662 2009 0912 - 019094 0909 - 011742 WILLOUGHBY , DAVID LESLIE Overpayment 14792 2009 0912 - 015020 0909 - 009266 CAUGHMAN , REBECCA PERKINS Overpayment 12504 2004 0504 - 317815 0501 - 360013 FAST TRACK EXPEDITE Release 12364 2004 0504 - 317814 0501 - 358579 FAST TRACK EXPEDITE Release 12364 2009 1001 - 033045 0910 - 022060 TROMBLEY , KEANE TRENT Release 24064 2009 0911 - 001643 0908 - 128476 ENDERS , THOMAS ALFRED Overpayment 10449 2009 0909 - 973402 0906 - 100351 LEE , JR , TED RICHARD Overpayment 20224 2009 0909 - 976702 0906 - 097279 REED , SHELBY LEBRON Release 21647 2009 0912 - 023605 0909 - 013254 SAFFER , DORIS SUE Overpayment 10816 2009 1001 - 028717 0910 - 021536 SCHULTZ , MARK ALAN Release 11865 2009 0907 - 948303 0904 - 068208 VW CREDIT LEASING Tag Surrender 11544 2009 1001 - 032092 0910 - 020947 HARE , JEFFREY LEE Release 22292 2009 0911 - 006934 0908 - 119942 BOYETTE , DONNIE RAY Release 18793 2009 0911 - 004581 0908 - 128611 WESTBROOK , JR , JAMES WORTH Overpayment 26076 2009 1001 - 031198 0910 - 024682 BOWDEN , RONALD ERNEST Release 13148 2009 0912 - 023109 0909 - 009739 HOYT , III , FREDERICK WILLIAM Release 22478 2009 0908 - 964067 0905 - 081210 DAUGHTRIDGE , CHARLES RAY Release 14192 2009 0912 - 018650 0909 - 011537 LANGSTON , CHRISTOPHER MICHAEL Release 13040 2008 0808 - 802895 0805 - 915725 HITT , JENNIFER LYNN Overpayment 14992 2009 0910 - 993424 0907 - 107622 GRADY , JAMES EVERETTE Overpayment 12913 2009 1001 - 028020 0910 - 023565 KEEGAN , JODI LYNN Release 14910 2009 1001 - 036875 0910 - 020334 FREDE ENTERPRISES LLC Overpayment 14163 2009 0909 - 976707 0906 - 096824 REYES , MARLON ALFREDO Release 12215 2009 0910 - 994014 0907 - 109085 SILVER , JR , MICHAEL TONYETTE Release 12280 2009 1001 - 027324 0910 - 022113 CUNNINGHAM , RANDY C Release 26609 2009 0910 - 993004 0907 - 106024 SANTANA , ALEJANDRO Overpayment 10015 2009 1001 - 030587 0910 - 024117 MAJOR , SCOTT ANTHONY Release 20036 2008 0905 - 922786 0902 - 031818 SPENCER , SALLY MARIE Overpayment 15978 2009 0909 - 980562 0906 - 099730 SPRUILL , CHARLENE DENISE Overpayment 10176 2008 0906 - 937933 0903 - 052062 STEPHENSON , II , ARTHUR CLIFTON Overpayment 13972 2009 0908 - 961582 0905 - 084743 MESSER , EDWARD LEROY Overpayment 15599 2009 0907 - 944148 0904 - 069838 MCMILLAN , DAWNYETTA LOLITA Overpayment 11708 Page683 March 1 , 2010 – 10 00 am Continued 2009 1001 - 036570 0910 - 021874 COMEAU , JAY JOSEPH Release 22100 2009 0907 - 952010 0904 - 068865 CANADY , JONI WHALEY Overpayment 16566 2008 0812 - 863387 0809 - 976289 WILLIAMS , HILDA WILSON Overpayment 10547 2009 0908 - 966634 0905 - 083360 WEST , COY ANDREW Overpayment 20281 2008 0906 - 933323 0903 - 055113 WORRELL , CHRISTOPHER SAMUEL Overpayment 43393 2009 0912 - 021480 0909 - 005456 CARRION LEON , RAQUEL AUGUSTA Overpayment 18915 2007 0710 - 686981 0707 - 756721 ALLEN , EVA MARIE Overpayment 15385 2007 0710 - 686981 0707 - 756721 ALLEN , EVA MARIE Overpayment 23077 2009 0907 - 952010 0904 - 068865 CANADY , JONI WHALEY Void Refund 16566 2009 0911 - 999572 0908 - 125047 WEATHERS , JOHNNY OWEN Overpayment 12259 2009 1001 - 030254 0910 - 024374 DCFS TRUST Overpayment 20353 2009 0911 - 004665 0908 - 129524 AUSTIN , PHILLIP WARREN Tag Surrender 15856 2009 0907 - 954392 0904 - 065407 SNEAD , TERRANCE Overpayment 21585 2009 0912 - 018673 0909 - 003530 LUCE , ANDREW LESLIE Overpayment 11285 2009 0910 - 997933 0907 - 112674 CALDERON , HENRY Overpayment 11581 2009 0912 - 013408 0909 - 005393 WEFALD , VICKY FOOTE Overpayment 27987 2009 1002 - 046391 0911 - 031127 PAGE , RICKEY HERBERT Release 12546 2009 0912 - 019119 0909 - 010258 ZIEGLER , FRANK Tag Surrender 13940 Real Personal Property Releases 1 19 2010 11 51 10 105 SHEILA 2009 - 201811 49617090 KENNEDY , JONNIE FLOWERS 44720 1 19 2010 11 55 07 105 SHEILA 2009 - 201812 49617090 KENNEDY , JONNIE FLOWERS 44720 1 19 2010 11 56 35 105 SHEILA 2009 - 201813 49617090 KENNEDY , JONNIE FLOWERS 44720 1 19 2010 11 57 24 105 SHEILA 2009 - 201814 49617090 KENNEDY , JONNIE FLOWERS 44720 1 19 2010 11 58 32 105 SHEILA 2009 - 201884 2000110559 LASSITER , GLENN JR 55529 1 19 2010 11 59 09 105 SHEILA 2009 - 201885 2000110559 LASSITER , GLENN JR 55529 1 19 2010 11 59 43 105 SHEILA 2009 - 201886 2000110559 LASSITER , GLENN JR 56190 1 19 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341 ASHLEY 2009 - 201922 2000148917 PRATT , CYNTHIA DDS PLLC 5,37304 2 3 2010 11 17 29 341 ASHLEY 2009 - 201923 2000148917 PRATT , CYNTHIA DDS PLLC 4,34249 2 3 2010 11 21 08 341 ASHLEY 2009 - 201924 2000148917 PRATT , CYNTHIA DDS PLLC 3,45573 2 3 2010 11 47 03 341 ASHLEY 2001 - 057643 2000051633 R & J CONTRACTING INC 10602 2 5 2010 12 20 58 105 SHEILA 2009 - 030132 2000121377 FRANCES W STEPHENSON REV 13935 2 5 2010 12 42 58 105 SHEILA 2009 - 030133 2000121377 FRANCES W STEPHENSON REV 11340 2 10 2010 9 40 14 105 SHEILA 2009 - 201879 2000120202 HOLT , JAMES C SR 19879 2 10 2010 9 41 03 105 SHEILA 2009 - 201880 2000120202 HOLT , JAMES C SR 19879 2 10 2010 9 42 12 105 SHEILA 2009 - 201881 2000120202 HOLT , JAMES C SR 19879 2 10 2010 9 42 49 105 SHEILA 2009 - 201882 2000120202 HOLT , JAMES C SR 19879 2 11 2010 16 56 57 105 SHEILA 2009 - 097639 2000144078 ALLEN , ASHLEY JUNIOR LIFE 90882 2 11 2010 16 58 11 105 SHEILA 2009 - 200527 1147600 ALLEN , ASHLEY J 72472 2 11 2010 17 00 29 105 SHEILA 2009 - 200526 1147600 ALLEN , ASHLEY J 71620 2 11 2010 17 01 15 105 SHEILA 2009 - 200525 1147600 ALLEN , ASHLEY J 71620 2 15 2010 13 42 19 341 ASHLEY 2009 - 200980 2000077501 BLACKMON , JERRY O 12900 2 15 2010 13 43 14 341 ASHLEY 2009 - 200981 2000077501 BLACKMON , JERRY O 17370Page684 March 1 , 2010 – 10 00 am Continued 2 15 2010 13 44 16 341 ASHLEY 2009 - 200982 2000077501 BLACKMON , JERRY O 15208 2 15 2010 13 45 16 341 ASHLEY 2009 - 200983 2000077501 BLACKMON , JERRY O 11374 2 15 2010 14 00 44 341 ASHLEY 2009 - 035252 2000132535 HANDS ON PHYSICAL THERAPY 25132 2 15 2010 14 51 25 341 ASHLEY 2009 - 001491 2000078531 ALLEN , DENNIS KEITH JR 11859 2 15 2010 15 18 50 341 ASHLEY 2009 - 201732 2000150364 DONUT SHOPPE 38497 2 15 2010 15 22 57 341 ASHLEY 2009 - 201731 2000150364 DONUT SHOPPE 45134 2 15 2010 15 26 59 341 ASHLEY 2009 - 002212 2000122635 AMENITY SERVICES LLC 75514 2 15 2010 15 38 42 341 ASHLEY 2009 - 201617 2000149980 T - NAILS 36753 2 15 2010 15 42 07 341 ASHLEY 2009 - 201618 2000149980 T - NAILS 31030 2 15 2010 16 14 54 341 ASHLEY 2009 - 089627 2000028694 WALTON , WILLIS LAVERNE 10562 2 15 2010 16 26 10 341 ASHLEY 2009 - 201089 2000149063 L A M CORPORATION 1,11902 2 15 2010 16 28 21 341 ASHLEY 2009 - 201088 2000149063 L A M CORPORATION 1,32508 Real Personal Property Refunds 1 19 2010 16 17 48 2009 - 080684 81639660 STACKER , RICHARD E 12564 344 KATINA 1 22 2010 12 11 38 2009 - 016441 2000115626 CENTEX HOMES 22891 102 JEANNIE 1 22 2010 12 12 20 2009 - 016442 2000115626 CENTEX HOMES 22891 102 JEANNIE 1 22 2010 12 12 57 2009 - 016443 2000115626 CENTEX HOMES 22891 102 JEANNIE 1 22 2010 12 13 33 2009 - 016444 2000115626 CENTEX HOMES 23804 102 JEANNIE 1 22 2010 12 14 18 2009 - 016445 2000115626 CENTEX HOMES 22891 102 JEANNIE 1 22 2010 12 16 26 2009 - 016446 2000115626 CENTEX HOMES 25797 102 JEANNIE 1 22 2010 12 17 02 2009 - 016447 2000115626 CENTEX HOMES 26922 102 JEANNIE 1 22 2010 12 17 46 2009 - 016450 2000115626 CENTEX HOMES 26364 102 JEANNIE 1 22 2010 12 18 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2000115626 CENTEX HOMES 23804 102 JEANNIE 1 22 2010 12 34 50 2009 - 016437 2000115626 CENTEX HOMES 31620 102 JEANNIE 1 22 2010 12 35 21 2009 - 016438 2000115626 CENTEX HOMES 26922 102 JEANNIE 1 22 2010 12 35 53 2009 - 016439 2000115626 CENTEX HOMES 1,65916 102 JEANNIE 1 22 2010 12 36 36 2009 - 016440 2000115626 CENTEX HOMES 25797 102 JEANNIE 1 22 2010 12 37 13 2009 - 016454 2000115626 CENTEX HOMES 25797 102 JEANNIE 1 22 2010 12 37 54 2009 - 016455 2000115626 CENTEX HOMES 25797 102 JEANNIE 1 22 2010 12 56 53 2009 - 052139 2000097020 LEE , RICKY A 51307 9999 LOCKBOX 1 22 2010 12 57 01 2009 - 069916 2000140323 PRICE , CHARLES DURWOOD 13268 9999 LOCKBOX 1 22 2010 14 31 57 2009 - 016456 2000115626 CENTEX HOMES 24345 102 JEANNIE 1 25 2010 8 20 47 2009 - 000574 2000104115 ADAMS , CONRAD L II 35913 121 CATHY 1 25 2010 9 09 06 2009 - 075599 2000066748 SANDERS ASSOCIATES GROUP 57508 338 ALLISON 1 25 2010 14 07 07 2009 - 053640 2000057683 LOFLIN , NATHAN R 27133 344 KATINA 1 26 2010 16 33 25 2009 - 016661 2000067367 CHAPMAN , MARY JO 1,30086 319 JACKIE 1 28 2010 14 26 06 2009 - 007174 2000006960 BATTEN , NORMAN R 12284 9999 LOCKBOX 1 29 2010 15 11 31 2007 - 043765 2000019301 JONES , KENNETH RAY 50783 121 CATHY 1 29 2010 15 14 40 2008 - 045070 2000019301 JONES , KENNETH RAY 50783 121 CATHY 1 29 2010 15 17 08 2009 - 046303 2000019301 JONES , KENNETH RAY 11022 121 CATHY 1 29 2010 15 19 12 2009 - 046298 2000019301 JONES , KENNETH RAY 50783 121 CATHY 2 1 2010 13 33 56 2009 - 016374 2000072495 CEDAR CREEK LAND CO LLC 79214 344 KATINA 2 3 2010 11 46 34 2009 - 080996 82098700 STANCIL , LEROY COLLIDGE 14955 310 JENNIFER 2 8 2010 16 51 59 2009 - 065072 2000088784 PALMER , PAUL 80000 102 JEANNIE 2 9 2010 14 13 10 2009 - 082374 2000070048 STEVENS , LORI ANN 55000 338 ALLISON 2 10 2010 14 35 57 2009 - 009152 2000128271 BLACKLEY , CLIFTON 11377 9999 LOCKBOX February 16 , 2010 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 PagePage pageNumber5685 March 1 , 2010 – 10 00 am Continued Totals from 1 16 10 to 02 15 10 Tax refunds - Personal Real Property 1,06702 Tax releases - Personal Real Property 1,22359 Motor Vehicle releases refunds 5,88632 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Public Comments A American Cancer Society – Relay for Life Jackie Parrish , Four Oaks , encouraged everyone to donate , volunteer and participate in the American Cancer Society’s Relay for Life program As a 31 - year cancer survivor , Ms Parrish reminded everyone that the funds raised through this event supports research , education , advocacy , and services that allow the American Cancer Society to offer help and hope to people as well as an opportunity to work to defeat cancer for future generations Commissioner Cookie Pope expressed her appreciation to Ms Parrish for the work , support and care she has personally provided over the years to many cancer patients B Littering Issues Susan Schild , 143 St Jiles Drive , Clayton , expressed her concerns to the Board regarding the ongoing issues with littering across Johnston County She noted that the littering problem in the County can be a deterrent for businesses and visitors Ms Schild recognized that the Board has taken a proactive approach to addressing this issue and noted that enforcement of the ordinance and laws can sometimes be problematic Ms Schild encouraged the Board to look at alternative methods of collecting roadside litter on a regular basis to increase the beautification of Johnston County as well as to find opportunities to increase the educational opportunities for citizens on the matter County Manager Rick Hester shared information he has recently researched regarding programs in place by the Department of Transportation Mr Hester noted that the DOT’s Adopt a Highway Program currently has 370 road miles in Johnston County registered in the program He stated that with regards to utilizing inmates to pick up litter , they can only be used on four lane divided highways Commissioner Tony Braswell stated the Board will be discussing the litter problem at an upcoming work session in April Chairman Wade M Stewart agreed that the litter issue is an ongoing problem and although no solutions have been found to alleviate the problem , the Board will not give up the task of finding ways to help keep the County litter free Commissioner W Ray Woodall reminded everyone that cards are available at the Courthouse Information Desk located in the atrium , and he encouraged everyone to use the cards to report littering Commissioner Woodall added that he too is frustrated that there are good people doing their part by picking up litter on their roads and keeping their neighborhoods clean , only to have vehicles passing by and throwing out trash from their windows Commissioner Jeffrey P Carver stated that in addition to the card system , people may call a toll free number 1 - 877 - 368 - 4968 to report littering Commissioner Carver stated he keeps the number in his cell phone and frequently reports littering 4 Proclamation – Week of the Young Child – April 11 - 17 , 2010 Dr Dwight Morris , Executive Director for the Partnership for Children of Johnston County , addressed the Board and requested the adoption of a Proclamation declaring April 11 – 17 , 2010 as The Week of the Young Child in Johnston County Dr Morris reported the Partnership is in the planning stages for events and activities to be held during the week and he will keep the Board informed Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the following Proclamation PagePage pageNumber6686 March 1 , 2010 – 10 00 am Continued Proclamation The Week of the Young Child April 11 - 17 , 2010 WHEREAS , the Partnership for Children of Johnston County and other local organizations , in conjunction with the National Association for the Education of Young Children , are celebrating the Week of the Young Child , April 11 through April 17 ; and WHEREAS , these organizations are working to improve early learning opportunities , including early literacy programs , that can provide a foundation of learning for children in Johnston County ; and WHEREAS , teachers and others who make a difference in the lives of young children in Johnston County deserve thanks and recognition ; and WHEREAS , public policies that support early learning for all young children are crucial to young children’s futures ; NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners do hereby proclaim April 11 - 17 , 2010 as The Week of the Young Child in Johnston County and encourages all citizens to work to make a good investment in early childhood in Johnston County st Adopted this the 1 day of March , 2010 5 Neuse Riverkeeper Foundation – 2010 Annual Neuse River Spring Cleanup and Request to Waive Landfill Tipping Fees Alissa Bierma , Upper Neuse Riverkeeper , Neuse Riverkeeper Foundation , addressed the Board concerning the Annual Neuse River Spring Cleanup , which extends from Falls Lake to Smithfield Ms Bierma requested the Board to consider waiving the landfill tipping fees on the day of the clean - up which is scheduled for April 10 , 2010 Ms Bierma reported that last year , the Foundation collected over 17,000 pounds of trash and the number of volunteers for the effort is growing each year She pointed out that during the fall cleanup in 2009 , approximately 40 of the trash collected was diverted to the recycling program as opposed to the landfill Ms Bierma recalled the earlier discussion regarding the ongoing litter problem in the County and stated that the Foundation would be more than happy to add more tributaries to their program , if citizens will notify them of the areas needing attention She stated that while the Foundation cannot incorporate roads into their program , they can and do clean up the areas around bridges th Ms Bierma invited the Board to attend a celebration being held on April 10 after the cleanup to thank the volunteers for their work Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board agreed to waive the landfill tipping fees for trash collected in Johnston County on the day of the cleanup scheduled for April 10 , 2010 as part of the Neuse River Clean - up The Board thanked the Foundation for their efforts in helping to keep the County clean 6 Public Hearings – 10 15 am – Economic Development Incentive Grants Advertised in The Smithfield Herald – February 17 , 2010 The Chairman opened the public hearing and called on Economic Development Director Peggy Anderson to address the Board Ms Anderson stated the purpose of the hearing is to consider an Economic Development Incentive Grant EDIG agreement between the County and Northeast Foods , Inc , a national contract baker for the commercial and fast food industry , headquartered in Maryland Ms Anderson reported the company plans to construct an 80,000 square foot bakery on land located just east of the Town of Clayton in Johnston County South Tech Park with an investment of approximately 25 million and the creation of an estimated 84 jobs Ms Anderson added that the company is privately owned and is the largest supplier of buns in the United States as well as they are a key supplier to McDonalds She stated the new commercial bakery will serve two Golden States Foods distribution centers located in Garner , North Carolina and Lexington , South Carolina Ms Anderson explained that the EDIG would be predicated upon the company paying in full their annual ad valorem tax assessment , with those funds collected by the County and escrowed in amounts sufficient to fund the grant She pointed out that at no time would the grant exceed the ad valorem tax payment by the company Ms Anderson introduced Michael Tsakalos , Northeast Foods Company Representative Chairman Wade M Stewart expressed the Board’s appreciation to Mr Tsakalos and Northeast Foods for their selection of Johnston County for the new bakery Chairman Stewart stated the Board is excited over the new opportunity for Johnston County PagePage pageNumber7687 March 1 , 2010 – 10 00 am Continued Commissioner Jeffrey P Carver noted the Clayton Town Council will also be discussing an incentive grant for the company at their regular meeting later in the evening Ms Anderson reported the Economic Development Advisory Board Incentive Committee has reviewed the project and recommends the Board of Commissioners consider approving a seven year EDIG whereupon the company would receive grant funds in an amount equal to 100 of their annual ad valorem tax payment for the first three years of the grant , and declining 10 each year thereafter until the close of the grant Commissioner Allen L Mims , Jr stated that typically for past incentive grants , he has had no issues with the percentage rate established at 100 for the first years because he had felt there were no initial costs involved for the County Commissioner Mims stated that he has recently given considerable thought to the EDIG program and has realized that the County does indeed have some initial costs such as the Tax Department’s staff time needed to inspect the type of construction as well as complete the volume of paperwork involved Commissioner Mims stated that in the future he would like to see the EDIG’s proposed at 95 for the first four years instead of 100 for the first three years so that the benefit to the company essentially comes out the same ; however , the County does get some funding to cover the initial expenses Ms Anderson stated the points brought up by Commissioner Mims have been discussed by the Incentive Committee and she noted that for future projects , the Board may see recommendations from the Committee to address such concerns Mr Michael Tsakalos , Company Representative for Northeast Foods , Inc , addressed the Board and provided a brief background on the company He reported that in 1943 his grandfather and great - grandfather started a small bakery in their Baltimore row home and have since grown to become the largest supplier of buns to McDonalds in the United States He stated they operate commercial bakeries in five states with over 600 employees He noted that while they have over 600 employees , they remain a family oriented business with uncles , brothers , and cousins all working for the company Mr Tsakalos stated as a family , they understand the value of community and what it means to give back to the community He reported they are excited to be opening a facility in Johnston County and they appreciate the Board’s consideration of the EDIG Mr Tsakalos added that he appreciated the work and support from County Manager Rick Hester , encouraging the company and helping them feel comfortable about their decision to locate in Johnston County Commissioner Cookie Pope asked Mr Tsakalos to share with the Board the main reason that Northeast Foods selected Johnston County for their new bakery Mr Tsakalos stated they selected Johnston County for the new location due to the overall business environment He reported their decision was based on the price of property , proximity to major highways , workforce , as well as they felt the area was generally a good place to live He stated that of the estimated 84 jobs , they anticipate hiring 70 positions locally and transferring 14 employees from other locations Commissioner Tony Braswell expressed his appreciation to the company for selecting Johnston County Mr Norwood Thompson , Owner of South Tech Park , Clayton , addressed the Board and stated he has had the opportunity to meet the President of Northeast Foods and get to know the company executives in recent weeks Mr Thompson stated the company is truly family owned and he was impressed to learn that during a recent heavy snow event in Baltimore , the President was at the plant during the snow Mr Thompson reported that when some of the truck drivers were unable to get to work because of the weather , the President of Northeast Foods personally drove one of the tractor trailer trucks to Virginia to deliver product Mr Thompson stated this story demonstrates the family’s devotion to the company Dr David Johnson , President , Johnston Community College , welcomed the company and stated they have made a good choice in Johnston County Dr Johnson asked Mr Tsakalos to consider the Community College a partner going forward and offered to help with training needs when appropriate There being no further comments , the Chairman closed the public hearing Commissioner W Ray Woodall moved the Board approve the Economic Development Incentive Grant Agreement between the County and Northeast Foods , Inc Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote PagePage pageNumber8688 March 1 , 2010 – 10 00 am Continued Announcement Regarding Second EDIG Opportunity Chairman Wade M Stewart noted there had been a second EDIG opportunity to be discussed ; however , the company has requested to postpone the public hearing until the April 5 , 2010 meeting 7 Introduction of Peggy Anderson , Economic Development Director Chairman Wade M Stewart formally introduced Ms Peggy Anderson as the new Economic Development Director for the County Chairman Stewart informed everyone that Ms Anderson has been hired on a part time basis and would be scheduling meetings with various County and Town Officials in the next few th weeks He also noted that a “ Meet and Greet ” has been scheduled for March 10 in the Economic Development Office for the municipalities to come by and talk with Ms Anderson Ms Anderson stated she retired as an Economic Development Representative from the North Carolina Department of Commerce after 30 years of service She stated she is pleased to be in Johnston County and looks forward to working with everyone 8 Public Hearing – 10 25 am – Amendments to Code of Ordinances – Section 4 Animals Advertised in The Smithfield Herald – February 17 and 24 , 2010 The Chairman opened the public hearing Ernie Wilkinson , Director of Animal Services , presented the revised amendments proposed for the Code of Ordinances , Section 4 – Animals He noted that at the public hearing in January there were comments by concerned citizens regarding the proposed amendments and staff has taken those comments into consideration for incorporation into the document Mr Wilkinson stated the proposed amendments as presented , are staff’s recommendations , based on their work after reviewing the comments received by the citizens from the January hearing He noted that despite staff’s best effort to take all suggestions into consideration , no ordinance is perfect and it is an ever - changing document Mr Wilkinson offered to answer any questions by the Board Commissioner Allen L Mims , Jr stated he was glad to know that the proposed amendments would differentiate between pets and livestock He noted that he believed much of the enforcement of the ordinance would involve having good staff on hand to make the proper determinations where appropriate Cindy Stansell , 2199 Government Road , Clayton , reported that she sent her suggestions for the proposed amendments to staff in January and she noted that while some of her suggested grammatical changes have been incorporated into the document , there are still substantive changes that she feels are important , but have not been included Ms Stansell spoke on her concerns with the definitions and interpretations of restraint , direct control , nuisance , dangerous dogs , negligence , as well as language regarding the cruel treatment of animals She stated she also has issues with the proposed amendments requiring rabies tags to be worn at all times Ms Stansell explained that she is involved in the sport of dogs and she personally does not wish for her dogs to wear tags or collars in that they can impact the coats of her show dogs Ms Stansell explained that she keeps the rabies tags in a bag with her and can present them , if needed Ms Stansell stated she has suggested exceptions to staff on wearing the rabies tags and asked the Board to consider those exceptions Ms Stansell also voiced her concerns with the language in the amendments regarding nuisance problems and settling disputes between neighbors over animals Ms Stansell noted her concerns on matters related to dangerous and potentially dangerous animals , specifically how a dog is declared dangerous She added that the amendments as proposed , in accordance with recently enacted legislation , allows for the Animal Services Director to declare a dog as dangerous She noted that although the ordinance calls for a hearing procedure , she is proposing even more measures with regards to the notice on such hearings Ms Stansell indicated a severe disadvantage to the ordinance as proposed , is that she sees no opportunities for pet rehabilitation or pet owner education following a situation where a dog has been declared dangerous Ms Stansell also noted that there is new language proposed in the amendments regarding the impoundment process and she recommends that Animals Services be required to check for electronic implants from a recovery service Ms Stansell stated that the ordinance should be worded so that mandatory sterilization is only required for animals that are adopted out , and not for animals that are reclaimed by families She noted the proposed ordinance amendments call for the reclamation period of animals to be revised to a minimum of 72 hours versus the current five day excluding Sundays waiting period Ms Stansell shared with the Board a scrapbook from the first Johnston County Kennel Club PagePage pageNumber9689 March 1 , 2010 – 10 00 am Continued Commissioner Mims noted the old ordinance required collars and or identification tags to be worn at all times , with the exception for when the animal is confined in an enclosure on the owner’s premises or during performances at schools , show events , or sporting events Commissioner Mims asked why this was removed under the proposed new ordinance Mr Wilkinson responded that under the newly enacted legislation , the law provides the animal owner 72 hours to provide proof of a rabies vaccination He explained that for example , if an owner is showing dogs at an event and someone complains that the dog is not wearing a collar with a rabies tag , then the pet owner would be allowed 72 hours to either produce evidence of the rabies vaccination or have the animal vaccinated Chairman Wade M Stewart asked if Animal Services had enough staff in place to monitor events like dog shows Mr Wilkinson responded there is not sufficient staff on hand to monitor dog shows or hunting events Commissioner DeVan Barbour asked what was the reasoning behind proposing a change to the amount of time an animal is required to be impounded at the shelter from five days to 72 hours Mr Wilkinson reported the NC General Assembly passed new legislation in the last session which requires all animals brought into the shelter , either surrendered or stray , to be held for a minimum of 72 hours before the animal can be disposed of or adopted out Commissioner Barbour asked what the general time frame is where an animal owner realizes their pet is missing and contacts Animal Services to see if they have picked it up Mr Wilkinson stated typically , it does not take as long for pet owners to call Animal Services and inquire about lost pets than in the past ; however , he stated the time frame does vary anywhere from two hours after the animal has gone missing to as much as five weeks Mr Wilkinson reported the more the Animal Services Department can do to promote their operation , then there is more awareness and familiarity by the public to check with Animal Services first on a missing animal before canvassing the neighborhood Commissioner Barbour commented that pet owners can get very attached to their animals and while he can understand capacity and cost issues at the shelter , he stated 72 hours is a short amount of time and perhaps should be adjusted to allow more time for people to recognize their animals may have been picked up by Animal Services Mr Wilkinson acknowledged the concerns by Commissioner Barbour and stated that Animal Services still holds animals for five days in most cases and sometimes even longer He stated the staff makes every effort possible to reunite people with their pets ; however , staff is trying to mirror the State Statute for those times when there is simply no room Mr Wilkinson stated the Johnston County Animal Shelter processed over 10,000 animals last year He noted the shelter is licensed for 66 animals and they presently have 138 animals on site today At the inquiry of Commissioner Jeffrey P Carver , Mr Wilkinson stated staff did review Ms Stansell’s suggestions and took them into consideration from the January public hearing He stated her suggestions and concerns were appreciated ; however , one ordinance cannot be drafted for all situations Larry Sorenson , 89 South Two Does Lane , Clayton , introduced himself as the President of the Johnston County Kennel Club Mr Sorenson also reported he is an American Kennel Club AKC field trials judge and is very involved in the sport of dogs Mr Sorenson stressed that dogs are family members Mr Sorenson stated the Johnston County Kennel Club , through the AKC , has public education information available and he offered to share the information with the Animal Services Department to help educate citizens He stated the Kennel Club is willing to go out into the schools and other area events to share their knowledge and help educate the populous regarding pets and proper pet ownership Mr Sorenson noted that he is not opposed to responsible and enforceable rules and regulations that are not redundant He added that he would prefer the ordinance to be as clear as possible for all to understand and comply with the requirements Mr Sorenson stated as the County continues to grow everyone must be on their best behavior , including our pets Mr Sorenson reiterated he would like to offer his help where needed in order to educate people about animals Commissioner Mims commented that during his tenure as a Johnston County Commissioner as well as his previous service on the Clayton Planning Board , he has learned that ordinances are in place to address the small percentage of the population that does not do the right thing Page0690 March 1 , 2010 – 10 00 am Continued Mr Sorenson agreed with Commissioner Mims and stated that his group would like to address the percentage of the population mentioned by Commissioner Mims and educate those people before they purchase a pet on the proper care and the proper selection of an animal to meet their family’s needs Commissioner W Ray Woodall excused himself from the meeting to attend a doctor’s appointment Mr Wilkinson stated the Kennel Club was one of the shelter’s first partners four years ago and he appreciates all they have done to help the department He reported that on March 18 , 2010 , a Legislative Update will be held at the Johnston Medical Mall discussing legislation regulating animals and he invited everyone to attend Chairman Stewart commented that the County’s ordinances are constantly being reviewed and revised by the Board and any dialogue from concerned citizens on proposed amendments is always welcomed Commissioner Tony Braswell added that Mr Wilkinson and the staff at the Animal Services Department works hard to ensure they have the citizens ’ best interests at heart There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Tony Braswell , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board approved the amendments as recommended by staff , to the Johnston County Code of Ordinances , Section 4 – Animals , as follows CHAPTER 4 – ANIMALS State law reference Abuse of animals , GS 153A - 127 ; dangerous animals , GS 153A - 131 Sec 4 - 1 Creation of cCounty aAnimal controlServices dDepartment There is created an aAnimal controlServices dDepartment of the county which shall be composed of such employees as shall be determined by the bBoard of cCounty cCommissioners These employees shall be appointed and compensated in accordance with policies of the bBoard of cCounty cCommissioners Ord of 5 - 8 - 2000 1 , § 1 Sec 4 - 2 Duties The aAnimal controlServices dDepartment shall be charged with the responsibility of 1 Enforcing in the county all state or county laws , ordinances and resolutions relating to dogs and cats or to the care , custody and control of animals 2 Cooperating with the health director and assisting in the enforcement of the laws of the state with regard to animals , and especially with regard to vaccinationg of dogs , and cats , and ferrets against rabies and the confinement or leashing of vicious animals without limiting the foregoing , reference is particularly made to the state laws as set out and contained in GS 130A - 184 – - - 130A - 2010 3 Investigating cruelty to or animal abuse of animalswith regard to dogs , cats and other animals 4 Making such canvasses of the county as it deems necessary for the purpose of ascertaining that all dogs are duly and properly listed for tax purposes and that all dogs , and cats , and ferrets are vaccinated against rabies 5 Operating , pursuant to policies of the board of county commissioners , the county animal shelter pursuant to the policies of the Board of County Commissioners 6 Giving every person a proof of rabies vaccination card at the time of redemption or adoption of a dog , or cat , or ferret not vaccinated if it is four months of age or older The card will be completed and returned to the animal shelter by the veterinarian who vaccinates the dog , or cat , or ferret Reference files will be maintained in connection therewith , all in accordance with the provisions of this chapter and the policies of the bBoard of County cCommissioners Ord of 5 - 8 - 2000 1 , § 2 Sec 4 - 3 Definitions The following words , terms and phrases , when used in this chapter , shall have the meanings ascribed to them in this section , except where the context clearly indicates a different meaning Page1691 March 1 , 2010 – 10 00 am Continued Acts deemed public nuisance means any dog which habitually or repeatedly chases , snaps at , attacks , or barks at pedestrians , bicyclists , or vehicles or turns over garbage cans , damages gardens , vegetable or flower gardens , damages plant beds , or damages or harasses livestock , or otherwise conducts itself so as to be a public nuisance , or which habitually or repeatedly barks in such a manner or to such an extent that it disturbs the peace and repose of a reasonable person within the immediate vicinity Additionally , a female dog running at large while in heat is a public nuisance Animal mean any live , vertebrate creature , wild or domestic , other than human beings Animal Services Department Head means the person placed in charge of the Johnston County Animal Services Department or his authorized representative Animal Services Officer means a person employed by Johnston County to pick up , restrain , impound , care for , adopt or dispose of animals , and who is responsible for discharging such other duties or functions as may be prescribed by this or any other County Ordinance , or by state laws , or by the Animal Services Department Head Animal shelter means any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter and other law At large means any animal off the property of his owner and not under the control of a competent person , including but not limited to stray animals Direct Control means an animal under restraint and in the custody of the owner of such animal , or other person who has assumed control of the animal Exposed to rabies means an animal has been bitten by or been exposed to any animal known or suspected by an animal controlservices officer to have been infected with rabies Inherently dangerous mammal means any live member of the canidae , felidae , or ursidae families , including hybrids thereof , which , due to their inherent nature , may be considered dangerous to humans and which include 1 Canidae , including any member of the dog canid family not customarily domesticated by man , or any hybrids thereof , including wolf hybrids which are a cross between a wolf and a domestic dog , but not including domestic dogs Canis Familiaris 2 Felidae , including any member of the cat family weighing over 15 pounds not customarily domesticated by man , or any hybrids thereof , but not including domestic cats Felis catus 3 Ursidae , including any member of the bear family , or any hybrids thereof Kennel , dealer , breeder , and pet shop mean any person , group of persons , partnership , or corporation engaged in buying , selling , breeding or boarding pet animals Neutered male means any male which has been operated upon to prevent reproduction Owner means any person , group of persons , firm , partnership or corporation owning , keeping , having charge of , sheltering , feeding , harboring or taking care of any animal The owner is responsible for the care , actions , and behavior of his animals Restraint means an animal is under restraint if he is controlled by means of a chain , leash or other like device ; is sufficiently near the owner or handler to be under his direct control and is obedient to that persons commands ; is on or within a vehicle being driven or parked ; or , is within a secure enclosure such as a cage , kennel , building or fence Spayed female means any female which has been operated upon to prevent conception Stray dog means any dog within the county wandering at large , lost or abandoned , and which does not have an owner or any dog within the county whose owner fails to pay taxes or fails to have such dog vaccinated against rabies Any dog which is not under direct control of a competent person or does not have a rabies tag on the collar shall be deemed a stray dog Vicious animal means any animal that has made an unprovoked attack on a human by biting or in any manner causing abrasions or cuts on the skin or one which attacks more than one time any farm stock or other pets Ord of 5 - 8 - 2000 1 , § 3 Cross references Definitions generally , § 1 - 2 Sec 4 - 4 Violations misdemeanor Pursuant to state law , it is a misdemeanor punishable by a fine not to exceed 5000 or imprisonment not to exceed 30 days to violate any ordinance adopted by the bBoard of County cCommissioners Ord of 5 - 8 - 2000 1 , § 19 Sec 4 - 5 Penalty for vViolations of sections 4 - 7 , 4 - 10 , 4 - 13 - - 4 - 15 and 4 - 19 Page2692 March 1 , 2010 – 10 00 am Continued Pursuant to the authority in GS 153A - 123 , unless otherwise provided for within this chapter or by General Statute , any person in violation of this chapter shall be subject to a civil penalty in the amount of 10000 for a first offense ; 20000 for a second offense ; and 30000 for a third and all subsequent offenses The civil penalty shall be imposed as provided in this chapter and may be recovered by the County in the nature of a debt A third or subsequent civil citation under this Chapter may be deemed and prosecuted as a misdemeanor This chapter may be enforced by appropriate equitable relief , including injunctive relief a Pursuant to the authority in GS 153A - 123 , any person violating sections 4 - 7 , 4 - 10 , 4 - 13 - - 4 - 15 and 4 - 19 , and who has already been subject to two previous civil citations pursuant to this chapter may be deemed to have committed a misdemeanor b Pursuant to the authority in GS 153A - 123 c , any person violating sections 4 - 7 , 4 - 10 , 4 - 13 , 4 - 14 , 4 - 15 and 4 - 19 shall be subject to a civil penalty in the amount of 10000 for a first offense ; 20000 for a second offense ; and 30000 for a third and all subsequent offenses The civil penalty shall be imposed as provided in this chapter and may be recovered by the county in the nature of a debt c As provided by GS 153A - 123 , this chapter may be enforced by appropriate equitable relief , including injunctive relief Ord of 5 - 8 - 2000 1 , § 20 Sec 4 - 6 Rabies tag It shall be unlawful for any dog , cat , or ferret owner to fail to comply with the state laws relating to the control of rabies , and it shall be unlawful for any dog , cat , or ferret owner to fail to provide anysuch dog , cat , or ferret he owns with a suitable collar or harness for the wearing of the rabies tag to be issued upon compliance with state law , and to take such action as is necessary to see that the tag is worn by such dog , cat , or ferret at all times except as otherwise provided in this chapter It is the purpose of this chapter to supplement the state law by providing a procedure for the enforcement of state laws relating to rabies control Unless proof of vaccinating is available , it shall be the duty of the county administrative staff to give every person who owns , redeems or adopts a dog , cat , or ferret or cat a proof of rabies vaccination card and a record will be maintained of the vaccination In addition to all other penalties prescribed by law , a dog , cat , or ferret is subject to impoundment in accordance with the provisions of this chapter if the dog , cat , or ferret is found not to be wearing a currently valid rabies tag It shall be unlawful for any person to use or display a vaccination tag issued for a dog , cat , or ferret other than the onedog , cat , or ferret usingfor which the tag was issued Ord of 5 - 8 - 2000 1 , § 4 Sec 4 - 7 Rabies vaccination and control a It shall be unlawful for an owner to fail to show proof of current inoculationvaccination against rabies hydrophobia with an approved vaccine for his dog , cat , or ferret and cat Should it be deemed necessary by the county health director , board of commissioners , or the state public health veterinarian that other pets be vaccinated in order to prevent a threatened epidemic or to control an existing epidemic , it shall be unlawful for an owner to fail to provide for a current inoculation against rabies for that pet or animal 1 Bite cases ; duty of owner Every animal which has bitten anyone or which shows symptoms of rabies shall be confined immediately and shall be promptly reported to the animal controlservices department by its owner , by the person bitten or by the treating physician ; and thereupon the doganimal shall be securely quarantined at the direction of the animal controlservices department for a period of ten days , and shall not be released from such quarantine except by written permission from the animal controlservices department The biting animal , and its records of vaccination and registration , shall be inspected by the animal controlservices officer who will then observe the following policy a A properly vaccinated and registered dog animal may be confined on the owners premises ; provided , however , that an animal controlservices officer determines that the owner has an adequate means of confinement upon his own premises and the animal is subject to observation by the officer at any time during the ten - day period b An animal dog not properly vaccinated or registered , belonging to an owner , shall immediately be confined in a veterinary hospital or the county animal shelter , in which case the expense shall be borne by the owner for the ten - day confinement The doganimal shall not be vaccinated during confinement c A stray dog shall immediately be confined in the county animal shelter for a ten - day period 2 Surrender for quarantine required on demand Except as provided in subsection 1 of this section , it shall be unlawful for the owner of an animal which has bitten a human to refuse to surrender the animal for the purpose of supervised quarantine by the animal controlservices department upon demand The expense of such supervised quarantine shall be borne by the owner If rabies does not develop within the ten days , the animal may be reclaimed upon payment of a fee per day , in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerks office , and upon compliance with other provisions of this chapter Page3693 March 1 , 2010 – 10 00 am Continued 3 Rabies diagnosed If an animal dies while under observation for rabies , then the head of such animal must be submitted immediately to the state laboratory of hygiene for diagnosis 4 Emergency quarantine and procedure When reports indicate a positive diagnosis of rabies , the county director of public health may order an area wide quarantine for a period as he deems necessary ; and upon invoking such emergency quarantine by the county director of public health director , no animal shall be taken onto the street or permitted to be in the street during such time During such quarantine , no animal may be taken or shipped from the county without written permission from the animal controlservices department Each member of the animal controlservices department , police department and sheriffs department is authorized during such emergency to impound any animal found running at large in the county During the quarantine the animal controlservices department or the local health authorities shall be empowered to provide for further mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the county No animal which has been impounded by reason of its being a stray , unclaimed by its owner , is allowed to be adopted from the animal shelter during the period of emergency rabies quarantine , except by special authorization of the public health officials and the superintendent of the animal controlservices department 5 Infected dogs and catsanimals to be destroyed ; protection of vaccinated dogs and catsanimals An dog or catanimal bitten by a proved rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its owner , the county animal controlservices officer , or a peace officer unless the dog or catanimal has been vaccinated against rabies in accordance with this chapter and the rules of the commission more than three weeks prior to being bitten , and is given a booster dose of rabies vaccine within three days of the bite b If there are additional positive cases of rabies occurring during the period of quarantine , such period of quarantine may be extended at the discretion of the county director of public health During the quarantine period the division department of public health may require annual vaccinations of dogs against rabies c It shall be unlawful for any person to kill or release any animal under observation for rabies , any animal suspected of having been exposed to rabies , or any animal biting a human , or to remove such animal from the county without written permission from the animal controlservices department and the county director of public health d The carcass of any dead animal exposed to rabies shall be surrendered to the animal controlservices department The head of such animal shall be shipped to the state laboratory of hygiene for diagnosis e It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in this section when demand is made therefore by the animal controlservices department Ord of 5 - 8 - 2000 1 , § 5 Sec 4 - 8 Wearing of collar ; tags and identification required Upon complying with the rabies inoculation and licensing provisions of this chapter , there shall be issued to the owner of a dog , cat , or ferret numbered license and vaccination metallic tags , stamped with the number and the year for which issued It shall be unlawful for any dog , cat , or ferret owner to fail to provide his dog , cat , or ferret with a collar or harness to which current vaccination and tax tags are securely attached A collar or harness with attached tags must be worn at all times except when the dog is confined in an enclosure on the owners premises , or during the time animals are performing at schools or other events sanctioned and supervised by a recognized organization , or hunting or other sport or activity where a collar might endanger the dogs safety Ord of 5 - 8 - 2000 1 , § 6 Sec 4 - 9 StrayAt Large animals off - premises and not under direct control It shall be unlawful for an owner or any other person maintaining an animal in the county to permit or negligently allow an animal to be at largeoff the owners premises and outside the direct control of that person An owner may lawfully permit an animal which is not dangerous or vicious to be at large in the course of a show , obedience school , tracking tests , field training , or other events sanctioned or supervised by a recognized organization Hunting dogs may be at large in the course of hunting if under the control of the owner However , this provision does not exempt an owner from otherwise complying with the provisions of this chapter Ord of 5 - 8 - 2000 1 , § 7 Sec 4 - 10 Vicious animals The Johnston County Animal Services Department Head may exercise the authority granted to the local health director by GS 130A - 200 ; provided , this does not in any way limit the authority of the local health director to exercise such authority It shall be unlawful for any owner to keep any vicious , fierce or dangerous animal within the county unless it is confined within a secure building or enclosure , or unless it is securely muzzled and under restraint by a competent person who , by means of a leash , chain or rope , has such animal firmly under control at all times Ord of 5 - 8 - 2000 1 , § 8 Sec 4 - 11 Barking dogs Page4694 March 1 , 2010 – 10 00 am Continued It shall be unlawful for any dog owner to keep or have a dog that habitually or repeatedly barks in such a manner or to such extent that it disturbs the peace and repose of a reasonable person within the immediate vicinity Ord of 5 - 8 - 2000 1 , § 9 Sec 4 - 112 Teasing and molesting It shall be unlawful for any person to tease , molest , or bait any animaldog not belonging to him or legally under his control Ord of 5 - 8 - 2000 1 , § 10 Sec 4 - 123 Nuisance dogsOrdinance Enforcement The Animal Services Department is authorized to enforce the provision of Chapter 12 , Article II of the Johnston County Code of Ordinance with regard to noise made by animals It shall be unlawful for any owner to permit his dog to run at large if such animal is reported as creating a public nuisance , provided the animal control officer has notified the owner of his findings In such cases , and only in such cases , the owner must keep the dog that has been found to be creating a public nuisance on his own property at all times unless the dog is under restraint or is sufficiently near his handler to be under his direct control and is obedient to that persons command Dogs found to be running at large after having been found to be a public nuisance as set out in this section , will be impounded The owner may reclaim his dog by paying a redemption fee , plus board , in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerks office , and upon compliance with the other provisions of this chapter The owner shall also be subject to such other penalties as are prescribed for such violation Other reclamation fees are referenced in section 14 - 17 Ord of 5 - 8 - 2000 1 , § 11 Sec 4 - 13 Dangerous Dogs The Animal Services Department Head is designated as the person to be responsible for determining when a dog is a “ dangerous dog ” or a “ potentially dangerous dog ” as defined in NC Gen Stat § 67 - 41 The Board of Adjustment is designated as the board to which appeals may be taken pursuant to NC Gen Stat § 67 - 41 c Once a dog is declared to be potentially dangerous or dangerous , in addition to any requirements of state law , there are specific requirements the owner must follow 1 Permanent Identification mark required Any dog declared dangerous or potentially dangerous will be permanently identified by means of a tattoo located on the inside thigh or by electronic implant The cost of said tattoo implant will be paid for by the owner A physical description and photograph of the dog shall also be maintained by the Animal Services Department The owner is hereby required to allow and assist the county authority responsible for overseeing the dangerous dog ordinance in viewing the tattoo or reading the electronic implant at such times as deemed reasonable or at such time as the identification of the dog is in question , either by county authority or by a complaint filed by a third party 2 Signage An owner of a dog that has been deemed potentially dangerous or dangerous will place a “ beware of dog ” sign in plain view of the public Said signs will be placed in such a manner as to be visible from the common entrance s to the property , spec