July 6, 2010 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 1 Meeting of the Johnston County Board of Commissioners July 6 , 2010 10 00 am The Johnston County Board of Commissioners met in regular session Tuesday , July 6 , 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 F 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 Cookie Pope led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , 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 Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – June 7 , 2010 10 00 am and 6 00 pm ; June 9 and 14 , 2010 B Request to Reschedule Public Hearing – JCATS - ROAP Grant Funds 2010 - 2011 At the request of JCATS Transportation Manager Lynn Segerstrom , the Board rescheduled the July 6 , 2010 10 00 am public hearing to allow public comment on the proposed application to the NC Department of Transportation for a Rural Operating Assistance Program ROAP grant for FY 10 - 11 until the August 2 , 2010 10 00 am meeting due to the ROAP grant application not being released by the DOT in time to meet the advertisement deadlines for the public hearing to be held in July C Call for Public Hearing – Recovery Zone Facility Bonds The Board scheduled a public hearing with respect to Recovery Zone Facility Bonds for the August 2 , 2010 10 00 am meeting at the request of the Johnston County Industrial Facilities and Pollution Control Financing Authority The public hearing is with respect to a proposed issuance of Recovery Zone Facility Bonds for the benefit of Automatic Rolls of North Carolina , LLC , a North Carolina limited liability company wholly owned by Northeast Foods , Inc , to finance the acquisition , construction and equipping of their approximately 90,000 square foot commercial bakery and storage facility North Carolina and federal tax law both require the County to hold a public hearing and approve in principle the issuance of the recovery zone bonds to finance the project The Bonds will not constitute a debt of the State of North Carolina or any political subdivision thereof , including the Authority and Johnston County or a pledge of the faith and credit of the State of North Carolina or any political subdivision thereof , including the Authority and Johnston County D Call for Public Hearing – DOT 2010 - 2011 Secondary Road Program The Board scheduled a public hearing to be held at the August 2 , 2010 10 00 am Board meeting for the DOT to present the 2010 - 2011 Secondary Road Program E Call for Public Hearing – DOT – Request for Median Access Closure At the request of the Department of Transportation , the Board scheduled a public hearing for the August 2 , 2010 10 00 am meeting to allow public comment on a request to close the median access onPage2 July 6 , 2010 – 10 00 am Continued US 70 at Oak Street in Selma as part of a scheduled guardrail project along US 70 from Oak Street in Selma to US 70 Business F Tax Releases & Refunds – 05 16 2010 – 06 15 2010 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2009 0907 - 953802 0904 - 065698 JOSE - ORTIZ , ALESSA Release 10617 2009 1005 - 071904 1002 - 064018 HOUSE , JOHN MICHAEL Release 14083 2009 1004 - 063257 1001 - 058759 WELTON , ROBERT LEONARD Tag Surrender 18630 2009 1004 - 063165 1001 - 056047 STEIN , KIRK LEE Release 24888 2009 1005 - 078193 1002 - 071429 JOHNSTON COUNTY INDUSTRIES INC Release 16664 2009 1005 - 081669 1002 - 070825 HILDRETH , JASON MCELWAIN Release 12978 2009 0908 - 962889 0905 - 083314 VAN VEENHUYZEN , COURTNEY ALAN Overpayment 23016 2009 1004 - 065458 1001 - 059724 BRADY , RICKY PARRISH Tag Surrender 16410 2009 1001 - 027807 0910 - 020911 HEIDER , JR , FRANK JOSEPH Tag Surrender 13464 2009 0908 - 966978 0905 - 084103 CHAVIS , JEREMY WAYNE Release 22571 2009 0912 - 024072 0909 - 009768 KENNEY , JAMES MITCHELL Overpayment 15805 2009 1001 - 030205 0910 - 024380 CHRISTIANSEN , JULIE REBECCA Release 11339 2009 0912 - 018054 0909 - 013139 WILLIAMS , UDELLIA ALEXANDRIA Overpayment 13055 2009 0907 - 949618 0904 - 068580 CUNNINGHAM , DOREEN FORTUNE Overpayment 20162 2009 1001 - 025628 0910 - 022016 EDWARDS , ELIZABETH ANNE Overpayment 17063 2009 1002 - 041851 0911 - 034721 VATER , MICHAEL ANTHONY Release 12674 2009 1005 - 076075 1002 - 069071 SUTTON , ANDREA LYNN Release 11923 2008 0906 - 934614 0903 - 055553 CHANDLER , QANDEEL MURSHIN Release 25044 2009 1005 - 079147 1002 - 070547 CENTENARY UNITED METHODIST CH Release 12312 2009 1005 - 074920 1002 - 071923 MAJOR , SCOTT ANTHONY Release 16565 2009 0912 - 017985 0909 - 013119 THOMAS , BARRY EDWARD Overpayment 14773 2009 0907 - 947342 0904 - 067647 ZAVALA , GUADALUPE CANDIDO Overpayment 11524 2009 0912 - 017971 0909 - 012479 STRICKLAND , ROBIE LEE Overpayment 14889 2009 1005 - 081238 1002 - 063169 BYRD , CATHY DIANE Overpayment 22903 2009 1005 - 071120 1002 - 068123 BROOKS , ERNEST JOHN Release 46001 2009 0908 - 962372 0905 - 080585 HERRERA , ROSA YVONNE Release 21197 2009 0912 - 015287 0909 - 011866 DEGUMBA , REBECCA JANE Overpayment 12782 2009 0912 - 015287 0909 - 011866 DEGUMBA , REBECCA JANE Void Refund 12782 2009 1003 - 057617 0912 - 046217 LYON FINANCIAL SERVICES Tag Surrender 21457 2009 0907 - 947342 0904 - 067647 ZAVALA , GUADALUPE CANDIDO Void Refund 11524 2009 1005 - 071985 1002 - 073224 JOHNSON , LAURA SHEPHERD Release 10974 2009 0911 - 009426 0908 - 124971 STANCIL , TAMEKIA LASHUN Release 13204 2009 1001 - 027300 0910 - 024242 CREATURA , HELEN MARGARET Overpayment 15420 2009 1005 - 071757 1002 - 071660 HARDEE , TYLER ONEAL Release 23903 2009 0911 - 009800 0908 - 115897 BLANTON , JR , JOHN MANNING Overpayment 20000 2009 1005 - 075142 1002 - 068646 SANDERFORD , KRISTEN ANN Release 12215 2009 1004 - 059431 1001 - 054322 CANADY , GERALD WAYNE Overpayment 24569 2009 1001 - 035689 0910 - 020607 JOHNSON , MICHAEL GEORGE Overpayment 16877 2009 1002 - 046023 0911 - 035172 LAURIE , CRYSTAL ANAMELIA Overpayment 23208 2009 1005 - 069856 1002 - 072449 CLINTON , PHILLIP RICHARD Release 15300 2009 1005 - 072068 1002 - 067869 KELSAY , FRED MILTON Tag Surrender 10179 2009 1001 - 031096 0910 - 024038 GORDON , JR , JAMES BENJAMIN Overpayment 11641 2009 0911 - 012168 0908 - 118205 AMAN , CHRISTOPHER RAY Overpayment 11322 2009 1005 - 073864 1002 - 062643 JOHNSON , GREGORY WILLIAM Overpayment 10974 2009 1005 - 070763 1002 - 073181 WHITE , ANDREW LEWIS Release 18542 2008 0906 - 932678 0903 - 049115 RICH , MICHELLE STRICKLAND Overpayment 12321 2009 0910 - 986686 0907 - 105088 MAYNARD , CLIFTON LYNN Overpayment 16038 2009 1003 - 052755 0912 - 046364 HUNTER , ANGELA FAY Release 27251 2009 0912 - 024493 0909 - 011185 MITCHELL , ROBERT SHANNON Overpayment 13510 2009 0912 - 015250 0909 - 010514 DARENSBOURG , JEFFERY MICHAEL Overpayment 15209 2009 0911 - 009352 0908 - 119105 RUBIO - MORAN , DAVID Overpayment 19241 Page3 July 6 , 2010 – 10 00 am Continued 2008 0904 - 914764 0901 - 025613 ABDELGAWAD , ZENAAT MOHAMED Overpayment 10898 2009 1002 - 044224 0911 - 033877 MCPHATTER , TEO WHITFIELD Overpayment 13562 2009 1003 - 051894 0912 - 046183 JOHNSON , ELIZABETH NICHOLE Release 20239 2009 1004 - 062391 1001 - 055458 AIMONE , KENNETH JOHN Release 14552 2009 1005 - 077527 1002 - 073239 RAYNOR , DEREK KYLE Tag Surrender 14885 2009 0912 - 015287 0909 - 011866 DEGUMBA , REBECCA JANE Overpayment 18732 2009 0910 - 990881 0907 - 112859 SANCHEZ , JESUS Release 76653 2008 0906 - 936525 0903 - 050152 LANDVEST DEVELOPMENT INC Release 18860 2009 1003 - 056609 0912 - 045832 MCKINNEY , PHILLIP BRIAN Tag Surrender 11458 2009 1003 - 051476 0912 - 041660 ANDERSON , TERRANCE Release 12546 Real Personal Property Releases 5 17 2010 11 47 40 341 ASHLEY 2009 - 099722 2000147206 SANCHEZ , PALEMON 32690 5 19 2010 8 38 01 341 ASHLEY 2009 - 050503 2000143131 LASSITER , SAMMY JUNIOR 20266 5 25 2010 10 05 16 341 ASHLEY 2009 - 028507 2000129708 FARMER , BILLIE 10037 5 27 2010 9 06 37 341 ASHLEY 2009 - 001831 2000101206 ALLEN , RICKIE THERIL 12095 5 27 2010 9 08 52 341 ASHLEY 2008 - 001631 2000101206 ALLEN , RICKIE THERIL 13109 5 27 2010 12 13 53 341 ASHLEY 2009 - 038972 2000084824 HOLDER , JAMES CURTIS 65416 6 3 2010 10 48 26 341 ASHLEY 2009 - 084055 2000145011 EWING , PHYLLIS M 10378 6 3 2010 12 48 39 105 SHEILA 2003 - 075585 2000078317 UNKNOWN OWNER 20026 6 3 2010 12 50 42 105 SHEILA 2004 - 076858 2000078317 UNKNOWN OWNER 20026 6 3 2010 12 52 23 105 SHEILA 2005 - 078799 2000078317 UNKNOWN OWNER 20026 6 3 2010 13 00 22 105 SHEILA 2006 - 080992 2000078317 UNKNOWN OWNER 20382 6 3 2010 13 01 07 105 SHEILA 2007 - 083184 2000078317 UNKNOWN OWNER 20082 6 3 2010 13 01 47 105 SHEILA 2008 - 085731 2000078317 UNKNOWN OWNER 20282 6 9 2010 12 55 07 105 SHEILA 2009 - 060124 2000098741 MONGIELLO , JOAN 63788 Real Personal Property Refunds 5 18 2010 07 46 48 121 CATHY 2009 - 006989 2000109928 BATCHELOR , DAVID L 1,88368 5 18 2010 10 51 33 189 TERI 2009 - 057415 2000042298 MCKEY , BOBBY 12771 5 18 2010 13 19 52 338 ALLISON 2009 - 071281 2000121283 RAMY & RAGY LLC 10020 5 18 2010 14 12 43 999 LOCKBOX 2009 - 035524 2000063756 HARE , CATHERINE ANN 69814 5 19 2010 11 15 14 319 JACKIE 2009 - 025645 2000125338 DUPREE , JOHN ROBERT 1,59385 5 26 2010 11 05 56 189 TERI 2009 - 010799 2000036708 BRADFORD , WILLIAM E 22455 5 27 2010 10 22 01 189 TERI 2009 - 061001 2000041146 MORGAN , LIEUTENANT 17297 5 27 2010 14 12 51 189 TERI 2009 - 022919 2000135056 DAVIS , JOHNNY 34641 5 28 2010 13 42 20 165 JAN 2009 - 031179 32005960 GARNER , ROY FRANKLIN 16000 6 1 2010 10 25 00 189 TERI 2009 - 093313 96156800 WILLIAMS , MACK MCKIN 12417 6 1 2010 14 07 10 189 TERI 2009 - 010799 2000036708 BRADFORD , WILLIAM E 21577 6 4 2010 14 48 29 121 CATHY 2009 - 071562 2000107830 RAYNE PROPERTIES LLC 60400 6 8 2010 11 41 14 338 ALLISON 2009 - 030833 2000047646 GAJDOSIK , NANCY L 19512 6 9 2010 10 25 09 338 ALLISON 2010 - 401855 2000036825 SULLIVAN , THOMAS N 11612 6 10 2010 10 44 29 189 TERI 2009 - 040305 2000060122 HORTON , JOYCE ANN 38368 June 18 , 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 Totals from 05 16 10 to 06 15 10 Tax refunds - Personal Real Property 1,22973 Tax releases - Personal Real Property 44071 Motor Vehicle releases refunds 4,58901 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Public Comments A Former Johnston County Commissioner Jesse H Austin , Jr Portrait Presentation Chairman Wade M Stewart invited the family of former Johnston County Commissioner Jesse H Austin , Jr to come forward Chairman Stewart stated that Jesse H Austin , Jr served on the Board of County Commissioners from 1962 until 1966 whereupon he was elected to represent Johnston County in the North Carolina State Senate among his many other accomplishments Chairman Stewart noted that Mr Austin , likePage4 July 6 , 2010 – 10 00 am Continued some of the County’s other former commissioners , followed in his father Jesse H Austin , Sr and grandfather’s LF Austin footsteps in serving as a Johnston County Commissioner Chairman Stewart stated Mr Austin is a native of Johnston County , a graduate of NC State University , and served our nation honorably in the Navy as a medic during the Korean conflict Chairman Stewart added that Mr Austin resides on his family’s farm in the Clayton area along with his wife Lyn , and he is the proud father of three children with six grandchildren Chairman Stewart stated that Mr Austin has been and continues to be a tremendous supporter of his community and without the contributions and efforts made by individuals such as him , Johnston County would not be where it is today Chairman Stewart presented a framed portrait of former Commissioner Austin and stated it would be placed in the County Administration Office alongside other former County Commissioners Mr Austin thanked the Board for recognizing his service to the County and shared a memory with the Board of his previous service B Plaque of Appreciation to Ms Kathleen Radford Kim Robertson , Director of Emergency Services , recalled that the late Ms Jesse Mothershead had left a donation in her will for the Kenly EMS Unit to benefit the citizens of Kenly Ms Robertson reported the funds were used to remount an ambulance that is stationed with the Kenly EMS unit Ms Robertson stated a memorial plaque has been placed on the remounted ambulance in honor of Ms Mothershead Ms Robertson read and presented a plaque of appreciation to Ms Kathleen Radford , a relative of Ms Mothershead , who was instrumental in the administration of the estate Ms Robertson spoke on her appreciation of Ms Radford as well as the late Ms Mothershead for their support to the Kenly EMS unit The Board expressed their appreciation to Ms Radford for the donation from the Mothershead Estate as well as thanked Ms Radford for her assistance throughout the process 4 Emergency Services – Medical Transports Contract Rudy Baker , Chairman of the Johnston County EMS Advisory Committee , explained that during the past several years , Johnston County has exclusively contracted with Johnston Ambulance Service JAS to provide medical transport services He reported that several other companies have expressed interest in providing medical transport services within Johnston County and the Johnston County EMS Advisory Committee discussed the issue at their May 18 , 2010 meeting Mr Baker stated the EMS Advisory Committee is recommending to the Board of Commissioners that a contract be annually renewed with JAS to allow them to be the primary provider of advanced life support convalescent services Further , the EMS Advisory Committee also recommends eliminating the exclusive contract with JAS which will allow other providers to submit ambulance franchise applications to provide secondary services for basic life support , when needed Mr Baker noted that if the Board approves the request , any additional applications from other providers would have to receive approval from the EMS Advisory Committee and the Board of Commissioners before providing services in the County He offered to answer any questions At the inquiry of Chairman Wade M Stewart , Mr Baker confirmed that any other providers who wished to provide secondary services for basic life support would first have to submit an application and receive approval by the EMS Advisory Committee and the Board of County Commissioners before they could provide services to the citizens Commissioner Allen L Mims , Jr asked if the County had received any complaints about JAS in the past Kim Robertson , Director of Emergency Services , responded that any past complaints she has received were immediately discussed with Jeff White , JAS Chief Operations Officer , who has addressed the matters appropriately Ms Robertson commented that JAS is like any other organization in that there will always be complaints from time to time ; however , she stated JAS has always been very responsive about following up on any problems Commissioner Mims expressed his concerns with having more than one provider in that with an exclusive contract , if problems do arise , the County knows who is responsible PagePage pageNumber55 July 6 , 2010 – 10 00 am Continued Commissioner DeVan Barbour asked , if another provider is approved , how they would function within the current arrangement with JAS Mr Baker stated the additional provider would be responsible for backup services if JAS could not respond to a medical transport Upon a question by Chairman Stewart , Mr Baker confirmed that if the recommendations by the EMS Advisory Committee are approved by the County Commissioners , JAS would still cover all the advanced life support transports ; however , the door would be open to allow other providers to submit applications to provide secondary services for basic life support when needed Jeff White , JAS Chief Operations Officer , addressed the Board and stated his company has been providing services in Johnston County since 1972 He stated JAS has a good record in the County and they have tried to grow to meet the needs of the citizens Mr White noted that the current contract with the County requires JAS to maintain response times of less than 30 minutes on 80 of all calls and emergency transfers ; however , he reported that JAS has been in compliance 95 of the time which is higher than the guidelines call for Mr White stated that when Johnston Health opened the Clayton Medical Center , JAS added new units to help cover the area and they have also begun covering the DOA transports at the request of Ms Robertson Mr White stated that because JAS has an exclusive contract with the County , they can provide transport services to citizens regardless of their ability to pay and JAS would like to continue serving Johnston County He added that JAS has an exclusive contract with Johnston Health as well as every nursing home in Johnston County Chairman Stewart asked for more information on the DOA transports Mr White explained that Ms Robertson asked JAS to begin transporting DOA’s in December of 2009 He stated JAS is a licensed provider with the North Carolina Medical Examiner’s office and they would like to continue providing the service to Johnston County on a contractual basis Mr White commented that transporting DOA’s is something that JAS does not take lightly He noted occasionally some of the locations are crime scenes and the JAS staff has the proper training to remove a victim without disturbing the crime scene Mr White indicated that JAS strives to provide the victims with dignity during transport for the sake of their families He stated JAS operates a separate truck for transporting DOA’s Commissioner Mims inquired , if the Board chooses to allow other providers to submit applications , would it change any of the JAS contracts that they presently have with Johnston Health or any of the nursing homes Commissioner Mims also asked if competition is allowed to come in , would it make transports less expensive for the County’s citizens Mr White stated that JAS does have an exclusive contract with Johnston Health and the nursing homes and they must have the exclusive contract in order for them to be able to discount by Medicare regulations Mr White stated JAS charges the same rates as the County does and he noted the discounting rules are the same for all Stuart Coward with North State Medical Transport addressed the Board and expressed his company’s interest in applying for a franchise in Johnston County He stated that approximately one year ago they applied for a franchise but were told that Johnston County had an exclusive contract with JAS Mr Coward stated he does not believe the issue is about competition , but rather it is about being able to provide a service to the citizens in Johnston County Mr Coward reported that North State is currently located in Knightdale and is planning to move to a larger facility in Raleigh He noted they have been in operation for six years and presently have ten ambulances providing service in Wake , Franklin , Nash , and Vance Counties as well as UNC Hospital Mr Coward stated he believed North State could offer mutual aid services to the County’s EMS units as well as JAS on an as needed basis At the inquiry of Commissioner Cookie Pope , Mr Coward stated North State has an exclusive contract with Franklin County for both advanced life support and basic life support services Jason Wells , representing Samaritan Ambulance Service , Inc , stated that some of their company’s employees are residents of Johnston County and they have a vested interest in providing services to the County citizens Mr Wells asked the Board to consider allowing other companies to apply for franchises in the County He stated Samaritan Ambulance is currently located in Wendell ; however , if they were approved for a franchise , they would locate a truck in the County PagePage pageNumber66 July 6 , 2010 – 10 00 am Continued Vance Haywood , representing Garner Medical Transport , stated that they would also like to have an opportunity to apply for a franchise in Johnston County Mr Haywood stated they are located in Garner , but if they were approved to provide services in Johnston County they would base a truck in the County Mr Haywood noted that Garner Medical Transport could also handle DOA transports and he stated they would like to be a backup to JAS when needed and could transport citizens regardless of their ability to pay Mr Haywood clarified that Garner Medical Transport is not affiliated with the Town of Garner and they are not Town of Garner employees but rather a private organization Mr Baker summarized the initial request of the EMS Advisory Committee to the Board and he offered to answer any questions Upon questions by Commissioner Mims and Chairman Stewart , Mr Baker stated the EMS Advisory Committee feels it would be a benefit to the County citizens to allow other providers to apply for a franchise and see what additional resources could be offered for secondary services Mr Baker stated it is his personal opinion that the County only needs one secondary backup provider Commissioner Barbour suggested allowing JAS to remain as the primary provider , but tabling the second part of the EMS Advisory Committee’s recommendation to allow others to apply for franchises to allow more time to research the details of the issue with the Advisory Committee Commissioner Pope noted that she sits on the EMS Advisory Committee representing the Commissioners and she stated that the Committee may or may not bring another recommendation back to the Board on the award of additional franchises in the future Chairman Stewart asked exactly how a secondary provider would operate and how they would work with and be distinguished from the primary provider for basic life support services Ms Robertson stated if there was a secondary provider for basic life support services in the County , they would have to coordinate transports directly with JAS Ms Robertson stated it is her opinion that if the County is going to allow JAS to continue to be the primary provider , then the County should only have one backup provider that could be used when needed She also noted that the contract with JAS has been revised to reflect an annual renewal versus every two years Commissioner Tony Braswell asked if the Board chooses to approve the recommendations of the EMS Advisory Committee today , what would be in place to serve the citizens Mr Baker responded that even if the Commissioners approve all the recommendations of the EMS Advisory Committee today , the EMS operations would still be business as usual with JAS remaining as the primary provider He noted that nothing would change until such time as additional applications are received from other providers and are brought back to the EMS Advisory Committee and the Board of County Commissioners for consideration Ms Robertson agreed with Mr Baker and stated that even if the Board allows other providers to submit franchise applications to the County , there would be much work to be done before any of the applications could be considered for possible approval Chairman Stewart restated the EMS Advisory Committee’s recommendations for the Board of Commissioners to annually renew a contract with JAS to allow them to be the primary provider of advanced life support convalescent services and to eliminate the exclusive contract with JAS which will allow other providers to submit ambulance franchise applications to provide secondary services for basic life support Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the request as recommended by the EMS Advisory Committee to annually renew a contract with JAS to allow them to be the primary provider of advanced life support convalescent services for the County and further , to eliminate the exclusive contract with JAS , to allow other providers to submit ambulance franchise applications to provide secondary services for basic life support , when needed with the understanding that any additional applications from other providers would have to receive approval from the EMS Advisory Committee and the Board of Commissioners before providing services in the County PagePage pageNumber77 July 6 , 2010 – 10 00 am Continued 5 Emergency Services – Updated Emergency Operations Plan Derrick Duggins , Emergency Management Coordinator , reported that Johnston County mitigates against , prepares for , responds to and recovers from all emergencies and special events in the County based upon the Emergency Operations Plan He noted the plan was originally written through a collaboration of all Johnston County Departments and continues to be a living document for constant review and periodic update He stated that staff has made several updates to the document including primarily grammatical and formatting revisions as well as the inclusion of newly developed plans and standard operating guidelines Mr Duggins stated the North Carolina Office of Emergency Management also reviewed the plan and provided suggestions for the updates Mr Duggins also noted that the Emergency Services staff worked very closely with the Johnston County Health Department to get their feedback for the plan Mr Duggins briefly reviewed a synopsis of the revisions to the document and asked the Board to approve the updated Emergency Operations Plan Mr Duggins also stated that the synopsis would be presented to all the towns in Johnston County for their approval as well as the Sheriff’s Office , Johnston County Schools , and other partners Commissioner Cookie Pope noted that there have been problems with some of the points of distribution for supplies during past disaster events in the Cleveland area of the County and asked where the points of distribution are planned for in the future Mr Duggins reported that currently in the plan , the points of distribution are the school locations in the County He stated staff is also looking for and asking businesses across the County to assist with alternate locations to avoid the interruption of traffic flows at the schools Mr Duggins stated they typically try to stay away from having points of distribution at the local fire stations in an effort to avoid delays in the emergency response times at the fire departments Mr Duggins also confirmed that the Red Cross is actively involved in the plan At the request of Commissioner Jeffrey P Carver , Mr Duggins explained that currently all of the shelter locations in Johnston County are “ Co - location Shelters ” which can house both people and pets He noted that because of people choosing not to evacuate during past disasters , not only in North Carolina , but other states , due to the fact that they could not bring their pet , through a Presidential Directive issued in 2005 2006 , Johnston County Emergency Services , working with Johnston County Animal Services , now offers a separate location in all the shelters for pets to be housed Commissioner Carver asked for more information on the Strategic National Stockpile component of the plan Mr Duggins stated the Strategic National Stockpile SNS is a plan for the mass quantity of vaccinations that would be needed if the County were to have a health related event He reported the SNS is the component of the plan that would coordinate how all the appropriate agencies would work together in order to distribute vaccinations to the public Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the updated Emergency Operations Plan Note A synopsis of the 2010 updates is on file in the Clerk to the Board’s Office as well as the Emergency Services Department 6 Appointments Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board made the following appointments A Industrial Facilities Pollution Control Financing Authority – Appointed James E Caldwell and J Chad McLamb for six year terms to expire on August 31 , 2016 B Neuse River Development Authority – Reappointed Brian Hatcher for a three year term to expire on August 31 , 2013 C Nursing Home Adult Care Home Community Advisory Board – Reappointed Betty Lee for a three year term to expire on June 30 , 2013 and appointed Pearl Ingram for a one year initial term to expire on August 31 , 2011 PagePage pageNumber88 July 6 , 2010 – 10 00 am Continued Other Appointments D Archer Lodge Fire Protection District Commission – By a unanimous vote show of hands , the Board appointed Eddy H Green for a two year term to expire on April 30 , 2012 7 Delinquent Tax Collection Report Tax Administrator Pat Goddard distributed a copy of the June 2010 report for the collection of delinquent taxes In addition to garnishments and bank attachments , six foreclosure complaints were filed resulting in a collection of 15,16574 As of June 30 , 2010 , the Tax Department has collected 9941 of the real and personal levy for 2009 , and 9188 of the motor vehicle levy Through the NC State Debt Setoff Program , 1,641 accounts have been paid for a total of 172,67631 as of June 30 , 2010 8 Annual Tax Settlement and Charge to Collect Taxes for 2010 Tax Administrator Pat Goddard presented the following Annual Tax Settlement Report for 2009 taxes as of June 30 , 2010 The annual settlement as of June 30 , 2010 is as follows Total 2009 - 2010 Real Business Personal Tax Levy 82,098,61112 Total 2009 - 2010 Motor Vehicle Tax Levy 9,360,00713 Total 2009 - 2010 Tax Levy 91,458,61825 Total Collected 90,209,72089 Collected Real Estate 9941 Collected Motor Vehicles 9188 Overall Collected 9863446 9863 Collected Credited Balance Unpaid Real Business Personal 79,952,29575 Discoveries 2,395,68583 Releases 249,37046 Levy 82,098,61112 Payments 81,609,91466 488,69646 Percent Collected 9941 Down 19 Motor Vehicles 9,488,32878 Discoveries 77,00068 Releases 205,32233 Levy 9,360,00713 Payments 8,599,80623 760,20090 Percent Collected 9188 Up 54 Totals Collected 90,209,72089 Percent Collected 9863 Down 04 A final collections audit will be conducted by an outside auditing firm and included in the county - wide audit for 2009 - 2010 Prior Years Collected 1999 - 2008 Real Personal 267,02948 Motor Vehicles 766,97094 Increase in real business personal property levy 2008 79,495,77464 2009 82,098,61112 Increase 32742 Decrease in motor vehicle levy 2008 9,947,18585PagePage pageNumber99 July 6 , 2010 – 10 00 am Continued 2009 9,360,00713 Decrease 62733 Enforced Collections 2009 - 2010 Garnishments Served 4844 926,80290 Actual Collected 691,68327 Unpaid active 184,17277 Terminated 49,00919 Released 1,93767 Bank Attachments Served 2283 842,62067 Actual Collected 470,26548 Unpaid active 275,83565 No funds 54,03251 Account closed 40,64724 Released 1,83979 Levy’s 0 000 Bankruptcy Real and Personal - 90,80060 304 new filings Last year 290 filings - 37,16390 Debt Setoff Program 1641 172,67631 Field Collections deputy collectors 3,751,87769 Total collected by enforcement actions 5,086,50275 or 55615 of levy Excludes dollars collected by foreclosure attorney Interest and fees collected 352,65631 Real Estate Foreclosure Collections Accounts to foreclosure attorney for collection 232 Complaints Filed 87 Complaints Pending 55 Accounts Paid 90 Total Collected by Foreclosure 160,07315 Multi - Year taxes Foreclosure Sales Dates Property Sold Property Redeemed 07 2009 No Sale Scheduled 08 2009 No Sale Scheduled 09 2009 No Sale Scheduled 10 2009 No Sale Scheduled 11 18 2009 4 1 12 2009 No Sale Scheduled 01 20 2010 1 3 02 24 2010 Sale Postponed 03 24 2010 3 04 28 2010 1 05 26 2010 Sale Postponed 06 23 2010 3 3 Totals 8 11 Payment Arrangements Payment arrangements were offered to those citizens unable to pay their taxes in one lump sum The th tax collection’s office accepted 841 payment arrangements and as of June 30 only four 4 remained unpaidPage010 July 6 , 2010 – 10 00 am Continued with an outstanding balance of 1,50494 The number of payment arrangements is up 2 from last year and the balance outstanding is down by 1846 Tax Collection Rate Summary 2000 9377 2001 9544 2002 9601 2003 9680 2004 9735 2005 9817 2006 9833 2007 9835 2008 9858 2009 9867 2010 9863 Pursuant to NCGS 105 - 373 a 3 b 7 , “ The tax collector shall be credited with … 7 The principal amount of taxes for any assessment appealed to the Property Tax Commission when the appeal has not been finally adjudicated ” With credit for 37,10969 of 2009 taxes awaiting adjudication the collection rate is 9867 This percentage may be used for budgetary purposes Summary by Tax Administrator Pat Goddard I am pleased to report county collections remained constant which is remarkable considering the state of the economy The citizens of Johnston County have made this possible by paying their taxes To achieve this level of collections , many more contacts to collect delinquent taxes were made with citizens - more than any time in my career in tax administration The growth in the levy has slowed from 5 + percent to 2 + 22764 percent and for the second time the motor vehicle levy has decreased from the prior year As in previous years , the collection of the motor vehicle tax remains the most difficult challenge to the th collections rate As of June 30 , 7979 of May and 6382 of June motor vehicle bills had been collected but it is too early in the collections cycle to begin enforced collections for those two months The unpaid balance for May and June was 414,028 of the total 760,201unpaid for 2009 - 2010 or 5446 of the unpaid motor vehicle taxes Ultimately most of these taxes will be collected The low “ voluntary ” collection rate coupled with the monthly billing cycle is the reason a 90 collection rate for motor vehicles is exceptional for any North Carolina county This is our third year to collect over 91 According to the State Treasurer’s previous fiscal year 2008 totals , Johnston County moved up to the fourth 4th best overall collection rate among counties with a population of over 100,000 However , the most significant news for us in the State Treasurer’s report is Johnston County again ranked first 1st in collection of real and personal property in our population range The tax office staff and the citizens of Johnston County are due all the credit for accomplishing this remarkable collection rate It requires everyone’s best effort from placing values on property , to answering the phone , to assisting taxpayers , to collecting the tax whether voluntary or enforced to achieve this goal All county staff in the tax administration office remains dedicated to the fair and equitable treatment of the citizens of Johnston County With the increased amount to collect and the county’s dependency on the property tax for funding of necessary services , the challenge is to continue to collect at these levels while maintaining outstanding customer service By collecting the taxes owed , the tax rate in subsequent years remains lower for all taxpayers I recognize , appreciate , and am sincerely thankful , for the dedicated day to day work of the tax collections staff in accomplishing this remarkable tax collection rate Page111 July 6 , 2010 – 10 00 am Continued I thank each of you for your continued support of me and the tax office staff Without your support in collecting taxes in difficult situations this high level of achievement , which saves all taxpayers money , would not be possible As required by state law , this is a true and accurate settlement pursuant to NCGS 105 - 373 I request the Johnston County Board of County Commissioners accept the settlement and pursuant to NCGS 105 - 321 charge me as Tax Collector with the responsibility for collection of the 2010 taxes by all legal means necessary The Board thanked Ms Goddard and her staff for their excellent work throughout the year Motion to Accept Tax Settlement and Charge Tax Administrator to Collect 2010 Taxes Commissioner Jeffrey P Carver moved the Board accept the Annual Tax Settlement for 2009 taxes , and issue the following charge to the Tax Administrator for collection of 2010 taxes Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote You are hereby authorized , empowered , and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Administrator and in the tax receipts herewith delivered to you , in the amounts and from the taxpayers likewise therein set forth Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in Johnston County , and this order shall be a full and sufficient authority to direct , require , and enable you to levy on and sell any real or personal property of such taxpayers , for and on account thereof , in accordance with law 9 Manager Reports and Comments County Manager Rick Hester informed the Commissioners that following the adoption of the County’s FY 10 - 11 budget by the Board , the North Carolina General Assembly redirected lottery funds that had been intended for the counties which will significantly impact Johnston County’s projected revenues for FY 10 - 11 At the inquiry of Commissioner Allen L Mims , Jr , Mr Hester reported he is not aware of any specific cuts by the State for schools , but he would look into the matter 10 Board Reports and Comments A Johnston County Mental Health Update Commissioner DeVan Barbour informed everyone that recently he along with Johnston County Mental Health Director Dr Janis Nutt , and Dan Searcy , met with Representative Leo Daughtry and the Secretary of Health and Human Services and asked for Johnston County to be granted a waiver from the 10 funding reduction due to the County’s service population level Commissioner Barbour reported that through Representative Daughtry’s assistance , the County was able to get a special provision in the North Carolina General Assembly’s budget that waived the penalty for Johnston County Commissioner Barbour noted that the Secretary of Health and Human Services spoke very highly of the Johnston County Mental Health Department and the work that they do for the citizens He asked everyone to thank Representative Daughtry for his help on the matter B Upcoming 2010 NACo Conference Commissioners W Ray Woodall and Tony Braswell reminded everyone that they will be attending the upcoming 2010 National Association of Counties Annual Conference in Nevada and will be paying for their flight , hotel , and meals out - of - pocket C Johnston County Finances – Planning for the Future Chairman Wade M Stewart spoke on the need for the County to begin financial planning that will address all the long - term obligations of the County for at least the next 15 – 20 years to ensure the County can meet its future obligations Chairman Stewart noted he has spoken with Commissioner Jeffrey P Carver about the project and that Commissioner Carver has agreed to take on the task of studying the issue Commissioner Carver echoed Chairman Stewart’s comments and stated he would begin working with staff on the project and report back to the Board at a later date Page212 July 6 , 2010 – 10 00 am Continued The Board members each discussed their individual concerns with the current state of the economy and all agreed that a plan is needed to address the future There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 11 30 am ____________________________ Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage