February 2, 2009 - 10:00 AM - County Board of Commissioners Meeting Minutes
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10 216 Meeting of the Johnston County Board of Commissioners February 2 , 2009 10 00 am The Johnston County Board of Commissioners met in regular session Monday , February 2 , 2009 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 , and Tony Braswell Absent DeVan Barbour Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Chad McLamb , Finance Officer , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 10 00 am Commissioner Cookie Pope led those in attendance in the pledge of allegiance to the American flag Commissioner W Ray Woodall opened the meeting with a prayer 1 Approval Discussion of Agenda and Consent Agenda Items 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 as well as the consent agenda items , as follows A Approval of Minutes – January 5 , 2009 10 00 am and 6 00 pm B Resolution Declaring Official Intent to Reimburse Expenditures with Proceeds of Debt Pursuant to United States Department of Treasury Regulations The Board adopted the following resolution declaring the County’s intent to reimburse the Johnston County Board of Education for funds it will advance to pay certain capital costs associated with the acquisition , construction and equipping of the Corinth Holder High School Funds to reimburse the Johnston County Board of Education will come from the proceeds of bonds to be issued in May 2009 RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT PURSUANT TO UNITED STATES DEPARTMENT OF TREASURY REGULATIONS BE IT RESOLVED by the Board of Commissioners of Johnston County 1 The Board hereby finds , determines and declares as follows a Treasury Regulations Section 1150 - 2 the “ Regulations ” , promulgated by the United States Department of Treasury on June 18 , 1993 , prescribes certain specific procedures applicable to certain obligations issued by the County after June 30 , 1993 , including , without limitation , a requirement that the County timely declare its official intent to reimburse certain expenditures with the proceeds of debt to be issued thereafter by the County b The Johnston County Board of Education BOE has advanced and or will advance its own funds to pay certain capital costs the “ Original Expenditures ” associated with the acquisition , construction and equipping of one or more new buildings or other educational facilities for Johnston County public schools , including acquisition of necessary land and rights - of - way the “ Corinth Holder High School Project ” c BOE has advised the County that the funds heretofore advanced or to be advanced by BOE to pay the Original Expenditures are or will be available only on a temporary basis , and do not consist of funds that were otherwise earmarked or intended to be used by BOE to permanently finance the Original Expenditures d As of the date hereof , the County reasonably expects that it will reimburse BOE for such Original Expenditures with the proceeds of debt to be incurred by the County , and the maximum principal amount of debt to be incurred hereafter with respect to the Corinth Holder High School Project is expected to be 28,000,000 e All Original Expenditures paid by BOE and to be reimbursed by the County were paid no more than 60 days prior to , or will be paid on or after the date of , this declaration of officialPage217 February 2 , 2009 – 10 00 am Continued intent The County understands that such reimbursement must occur not later than 18 months after the later of i the date the Original Expenditure was paid by BOE ; or ii the date the Corinth Holder High School Project is placed in service or abandoned , but in no event more than 3 years after the Original Expenditure was paid by BOE 2 This resolution shall take effect immediately C Refund of Excise Tax At the request of County Attorney Mark Payne , the Board approved a refund of overpayment of revenue stamps from Hutchens , Senter & Britton , PA in the amount of 23000 from a transaction wherein a Trustee’s deed was inadvertently recorded twice with the Johnston County Register of Deeds and the firm paid the recording fees and excise tax twice D Memorandum of Understanding with Town of Wilson’s Mills – Allowing the Voluntary Agricultural District Program to Exist within the Town of Wilson’s Mills Boundaries The Board approved a Memorandum of Understanding between the County and the Town of Wilson’s Mills that will allow Voluntary Agricultural Districts to exist within the Town of Wilson’s Mills E Tax Releases & Refunds – 12 16 2008 – 01 15 2009 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2008 0812 - 865340 0809 - 976598 OCONNOR , JEFFERY SCOTT Release 11911 2008 0812 - 869730 0809 - 977437 ARI FLEET LT Release 22302 2008 0812 - 865213 0809 - 979032 SUPREME AIR INC Release 17245 2008 0812 - 858408 0809 - 977681 HARR , RALPH WILLIAM Release 40959 2008 0812 - 864276 0809 - 977140 SPRISTER , TODD C Release 20018 2008 0812 - 870371 0809 - 977628 MACON , EDWIN JOSEPHEUS Tag Surrender 10412 2008 0812 - 858386 0809 - 973983 GLOVER , JR , SAMUEL WATSON Release 10373 2007 0803 - 742658 0712 - 822583 SHIRLEY , JEREMY WAYNE Release 17567 2008 0811 - 848507 0808 - 962566 STREIB , SHAUN NICKOLAS Release 26017 2008 0812 - 860191 0809 - 977143 BYRDS WHOLESALE INC Release 12810 2008 0812 - 860195 0809 - 975145 BYRDS WHOLESALE INC Release 10710 2008 0812 - 860197 0809 - 977666 BYRDS WHOLESALE INC Release 14725 2008 0808 - 805008 0805 - 915540 DEES , LARRY DARNELL Overpayment 15382 2008 0807 - 801485 0804 - 902729 BLEVINS , JAMES BERNARD Overpayment 14251 2008 0808 - 802790 0805 - 916437 BLACKMON HOMES INC Overpayment 20795 2008 0809 - 829990 0806 - 934953 CAMP , CHRISTOPHER BRIAN Release 12366 2008 0812 - 866530 0809 - 978137 PACHECO , DANIEL JOHN Release 21574 2008 0811 - 847063 0808 - 964068 GILLASPIE , SANDRA MARIE Release 11084 2008 0812 - 869287 0809 - 968279 WARD , JOHN GURLEY Release 10139 2006 0703 - 595723 0612 - 655670 BEASLEY , JOHNNY CLIFTON Overpayment 15203 2008 0810 - 837601 0807 - 944061 FOGG , KIM ANTOINETTE Overpayment 27695 2008 0810 - 830664 0807 - 947341 IBARRA , SANTIAGO RODRIGUEZ Overpayment 10202 2008 0808 - 802915 0805 - 917832 IBARRA , SANTIAGO RODRIGUEZ Overpayment 22160 2008 0807 - 799881 0804 - 900428 EDWARDS , MARIAN HARRIS Overpayment 23058 2008 0811 - 849617 0808 - 962641 MURRAY , JILL MARIE Release 10041 2008 0812 - 863150 0809 - 978280 MURRAY , GARY DAVID Release 13684 2008 0812 - 864474 0809 - 973358 KLAASMEYER , DENNIS BRIAN Release 13053 2007 0804 - 762827 0801 - 834917 ZAIS , PAUL ALEXANDER Overpayment 11539 2008 0812 - 863164 0809 - 978187 NORRIS , LORI ALFORD Release 17010 2008 0812 - 868304 0809 - 973772 DENNING , WILLIAM LEONARD Overpayment 11219 2008 0812 - 861043 0809 - 974510 HONEYCUTT , CHERYL BOYETTE Release 21119 2008 0810 - 835738 0807 - 943201 JORDAN , BEVERLY BROOKS Overpayment 27506 2008 0812 - 863984 0809 - 976182 LEWIS , CHRISTA KATRINA Release 13413 2008 0812 - 864307 0809 - 977533 STROSSI , JR , ANTHONY JOSEPH Release 22941 2008 0812 - 861498 0809 - 974130 MILLER , DAVID KEITH Release 10126 2008 0807 - 793060 0804 - 899738 PEARCE , TAMARA NICOLE Overpayment 21442 2008 0811 - 853398 0808 - 963944 MOYE , PATRICIA HINNANT Overpayment 29827 2008 0807 - 789653 0804 - 904128 COLLINS , KENNETH OWEN Overpayment 26338 2008 0811 - 852473 0808 - 960494 PATE , KIMBERLY STRICKLAND Release 12226 2008 0812 - 870988 0808 - 960494 PATE , KIMBERLY STRICKLAND Release 12226 2008 0812 - 864828 0809 - 970474 HALL , EVELYN WALKER Release 18108 Page218 February 2 , 2009 – 10 00 am Continued 2008 0809 - 827857 0806 - 932462 JONES , JR , CLINTON THOMAS Overpayment 18806 2008 0812 - 869263 0809 - 974994 VERRIER , CHRISTOPHER LEE Release 11163 2007 0805 - 766190 0802 - 868231 NORRIS , JOSEPH CARTWRIGHT Overpayment 11506 2008 0812 - 863506 0809 - 971953 BASS , STEPHANIE MCLELLAN Release 20195 2008 0811 - 846708 0808 - 962075 CREECH , LAWRENCE TONY Release 21523 2008 0812 - 864164 0809 - 975101 QUALITY THERAPY SERVICES INC Overpayment 20800 2008 0809 - 830076 0806 - 926697 BAREFOOT , ROSSIE DARRELL Overpayment 10139 2008 0807 - 795801 0804 - 902411 VAUGHN , ERIC DANIEL Overpayment 11198 2008 0812 - 863563 0809 - 974102 BRINDLE , ALEX JAMES Release 13199 2008 0808 - 806615 0805 - 911314 RODRIGUEZ , SAMANTHA DIAMANTINA Release 23561 2008 0809 - 820766 0806 - 932183 SMITH , PETER BROOKS Overpayment 43285 2008 0811 - 857088 0808 - 964801 HODNETT , JOHN WESLEY Tag Surrender 70443 2008 0812 - 866924 0809 - 976472 CORBETT , DENNIS KEITH Overpayment 30000 2008 0812 - 866924 0809 - 976472 CORBETT , DENNIS KEITH Void Refund 30000 2008 0812 - 866919 0809 - 966410 CORBETT CONTRACTING , INC Overpayment 15328 2008 0812 - 864096 0809 - 974186 MYRICK , HAILEY DEON Release 14651 2008 0808 - 804231 0805 - 917286 WALSH , RYAN JAMES Overpayment 10074 2008 0808 - 810000 0805 - 920004 SANDERLIN , JR , ROBERT ASHBURN Release 10055 2008 0810 - 833294 0807 - 948212 HADDIX , DAVID FRED Overpayment 11262 2007 0804 - 751146 0801 - 834053 JOE DENNING & SONS FARMS Overpayment 14216 2007 0804 - 751142 0801 - 833843 JOE DENNING & SONS FARM Overpayment 11988 2007 0804 - 751139 0801 - 831710 JOE DENNING & SONS Overpayment 13885 2008 0807 - 794973 0804 - 901127 WICKER , HEATHER NICHOLE Overpayment 12629 2008 0807 - 800358 0804 - 899307 MCCULLEN , RANDY LEE Overpayment 13207 2008 0807 - 791827 0804 - 902385 DUBON , SALVADOR HIGINIO Overpayment 15288 2008 0812 - 860438 0809 - 977926 CRAFTON , DAVID KENNETH Release 10225 Real Personal Property Releases 12 18 2008 10 44 05 105 SHEILA 2001 - 051842 2000082559 22824 OLIVER , DON 12 18 2008 16 48 06 105 SHEILA 2008 - 068163 2000111644 68633 POWELL , LOLETA K 12 19 2008 11 48 29 105 SHEILA 2008 - 501075 22970120 11164 CRUMPLER , STEPHEN M 12 19 2008 11 53 04 105 SHEILA 2007 - 018893 2000039585 82198 CRAWFORD , MARK ALAN 12 19 2008 11 54 21 105 SHEILA 2008 - 086582 2000140718 10499 FOCUS TEN OF RALEIGH INC 12 19 2008 11 55 59 105 SHEILA 2008 - 201773 2000072788 11945 MASSENGILL , LAURCEY 12 19 2008 11 56 56 105 SHEILA 2008 - 201772 2000072788 11945 MASSENGILL , LAURCEY 12 19 2008 11 57 49 105 SHEILA 2008 - 201771 2000072788 11945 MASSENGILL , LAURCEY 12 19 2008 11 58 43 105 SHEILA 2008 - 201770 2000092666 11945 MASSENGILL , LAURCEY 12 22 2008 8 45 46 105 SHEILA 2008 - 201924 2000144093 71163 R H A HEALTH SERVICES INC 12 22 2008 15 08 18 105 SHEILA 2008 - 095136 2000134314 21262 WYNN CONSTRUCTION INC 12 31 2008 16 47 01 121 CATHY 2008 - 010807 2000126773 76455 BRASWELL HOMES INC 1 5 2009 16 43 35 105 SHEILA 2008 - 023119 25035801 22997 DENNING , NORMAN C JR 1 6 2009 11 34 42 105 SHEILA 2008 - 501109 2000143112 10247 JOHNSON , ANNETTA BUIE 1 6 2009 11 38 41 105 SHEILA 2008 - 043913 2000102821 27791 JOHNSON , ROBIN RENEE 1 6 2009 11 39 48 105 SHEILA 2008 - 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029117 FOUR OAKS BANK & TRUST 1 5 2009 17 21 02 102 2000135539 17267 JEANNIE 2008 - 016803 CLASSIK LLCPagePage pageNumber6221 February 2 , 2009 – 10 00 am Continued 1 5 2009 17 21 37 103 46671080 32476 DENNIS 2008 - 043956 JOHNSON , ROY D 1 5 2009 17 29 18 103 2585120 14889 DENNIS 2008 - 002261 ANDERSON , ROBERT L 1 5 2009 17 35 47 189 25035801 22997 TERI 2008 - 023119 DENNING , NORMAN C JR 1 5 2009 17 39 01 103 2000051142 21729 DENNIS 2008 - 069599 RAINS , DONALD B 1 6 2009 8 58 54 338 2000063874 10000 ALLISON 2008 - 014041 CABRERA , ANGELO 1 6 2009 11 37 55 310 2000090015 17103 JENNIFER 2008 - 060616 NANCE , HARNETHA M 1 6 2009 13 06 59 319 2000085837 4,90610 JACKIE 2008 - 009004 BLACKMON & STEPHENSON 1 6 2009 14 18 16 9999 2000049117 70486 LOCKBOX 2008 - 071463 RICKS , STANLEY H 1 6 2009 14 18 16 9999 0075913740 64817 LOCKBOX 2008 - 071464 RICKS , STANLEY H 1 6 2009 14 18 16 9999 2000049117 2,98915 LOCKBOX 2008 - 071462 RICKS , STANLEY H 1 6 2009 15 09 22 121 2000015406 54308 CATHY 2008 - 076242 SIMPSON , NORMAN L 1 7 2009 9 36 31 319 2000116010 1,51554 JACKIE 2008 - 087452 WANG RENTAL LLC 1 7 2009 13 53 38 165 2000132564 3,96000 JAN 2008 - 015933 CENTEX HOMES 1 7 2009 15 04 47 9999 2000040067 1,24336 LOCKBOX 2008 - 087721 WASNEY , JOHN C 1 7 2009 15 05 10 9999 31661680 80639 LOCKBOX 2008 - 029932 GAGE , ROBERT M 1 7 2009 15 05 25 9999 2000006596 2,15690 LOCKBOX 2008 - 048482 LANGDON , GEORGE MACK JR 1 7 2009 15 06 01 9999 17555260 3,57183 LOCKBOX 2008 - 015647 CASTLEBERRY INC 1 7 2009 15 42 35 102 2000123950 1,59596 JEANNIE 2008 - 058484 MITCHELL , MICHELLE DENISE 1 7 2009 15 43 35 102 2000062108 11489 JEANNIE 2008 - 002584 ARGUETA , ANGEL R 1 7 2009 17 01 09 121 24999560 1,58057 CATHY 2008 - 023073 DENNING , JOSEPH E 1 8 2009 14 29 05 9999 2000133026 50860 LOCKBOX 2008 - 088136 WATSON , WILLIAM RUFFIN 1 8 2009 14 29 22 9999 2000101837 37663 LOCKBOX 2008 - 098956 M W STANCIL INC 1 9 2009 14 11 40 9999 2000041791 30594 LOCKBOX 2008 - 095864 HOLLAND , JOSEPH HUBERT 1 9 2009 14 28 48 121 62399240 52216 CATHY 2008 - 059796 MORRIS , LEON S 1 12 2009 14 41 52 9999 2000136049 71139 LOCKBOX 2008 - 094994 FERRELL , ED 1 12 2009 15 00 42 121 2000136049 43565 CATHY 2008 - 094993 FERRELL , ED 1 13 2009 16 15 27 121 2000066493 28452 CATHY 2008 - 040912 JACKSON , CRYSTAL & 1 14 2009 14 09 40 121 2000136634 17,37749 CATHY 2008 - 096339 COMMUNITY FACILITIES INC 1 15 2009 8 15 47 189 2000070665 75898 TERI 2008 - 038642 HOMES BY GREG JOHNSON INC 1 15 2009 8 16 29 189 2000070665 64913 TERI 2008 - 038645 HOMES BY GREG JOHNSON INC 1 15 2009 8 18 03 189 2000133843 79719 TERI 2008 - 044292 JOHNSON , WESLEY TRENT 1 15 2009 8 18 35 189 2000133843 67867 TERI 2008 - 044291 JOHNSON , WESLEY TRENT January 16 , 2009 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 12 16 08 to 01 15 09 Tax refunds - Personal Real Property 1,28879 Tax releases - Personal Real Property 89334 Motor Vehicle releases refunds 8,21642 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer J Chad McLamb 2 Public Comments A Recognition of Town of Kenly Officials – Kenly Gym Renovation Project The Board recognized the Town of Kenly officials on the recent completion of the Kenly Gym Renovation Project , which was made possible by the recreation bond referendum monies Chairman Wade M Stewart stated he was greatly impressed with the project , noting he had a chance recently to attend the open house ceremony Kenly Mayor Herbert “ Tooie ” Hales and Kenly Town Councilman Paul Griswold thanked the Board for their support and for the recreation bond referendum initiative Mayor Hales stated without the bond referendum funds , the renovation of the Kenly Gym would not have been possible He noted the facility is used by approximately 400 individuals each year and the Senior Center will also begin holding events in the gym very soon Mayor Hales reported the Kenly Gym is used not only by the residents of the Town of Kenly , but the surrounding communities near Kenly as well Commissioner Tony Braswell commended the Town of Kenly for the gym renovation project and commented on the importance of the recreation bond funds to complete such projects Commissioner Braswell stated as a former Mayor , he is fully aware that towns are often limited in funding initiatives such as the Kenly Gym Renovation Project PagePage pageNumber7222 February 2 , 2009 – 10 00 am Continued Chairman Stewart and his fellow Commissioners applauded the renovation project and stated they hope the other recipients of the recreation bond funds will soon begin to complete their projects 3 Recognition of the Johnston County Board of Adjustment Chairman Wade M Stewart called on Mr Joe David Austin , Chairman of the Johnston County Board of Adjustment to address the Board Mr Austin thanked the Board of Commissioners for allowing the Board of Adjustment BOA to appear and discuss their purpose Mr Austin stated the BOA is responsible for reviewing requests for variances on development setbacks as well as appeals for fines that citizens receive for violating the County’s ordinance Mr Austin noted the BOA looks at many requests for variances for hardship circumstances , and realizing the need for exceptions in some cases , grants the variances so long as it is in the best interest of the surrounding citizens and the County Mr Austin introduced the BOA members present including John Suggs and Andrew Tyree and noted the membership has a good representation across the County Chairman Stewart thanked the BOA members and encouraged them to continue their work for the citizens of Johnston County After further discussion , the Board presented Certificates of Appreciation to each of the current members on the board , as follows Joe D Austin , Chairman Flint M Benson Richard E Cregar Lester E Misenheimer John R Suggs Kenneth Talton Andrew W Tyree 4 Public Hearing – 10 15 am – Request for Road Abandonment - Advertised – In The Smithfield Herald – January 21 and 28 , 2009 Chairman Wade M Stewart opened the public hearing and stated the purpose of the hearing is to provide the public an opportunity to address the Board on a proposed abandonment of an unpaved portion of Old NC 42 A petition by the current landowners was submitted to the North Carolina Department of Transportation requesting for the section to be abandoned due to it no longer being available for access by the general public and the DOT is asking the County to concur with the request The portion of road to be abandoned is located at the corner of NC Hwy 42 and Cleveland Road in the Cleveland Township Chairman Stewart recognized DOT District Engineer Tim Little , PE in the audience and asked if anyone had any questions Commissioner Cookie Pope reported she had visited the site over the weekend and she would concur with the request by the DOT Commissioner Pope pointed out that the Board of Commissioners is hesitant to abandon roads ; however , this particular portion is not being used by the general public and it needs to be abandoned There being no further comments , the Chairman closed the public hearing Commissioner W Ray Woodall moved the Board concur with the NC Department of Transportation’s request to abandon the unpaved portion of Old NC 42 – Cleveland Township , Johnston County , NC from the State Maintained System Commissioner Cookie Pope seconded the motion which carried by unanimous vote th 5 Neuse River Foundation – 7 Annual Neuse River Spring Cleanup and Request to Waive Landfill Tipping Fees Alissa Bierma , Upper Neuse Riverkeeper , Neuse River Foundation , addressed the Board concerning the th 7 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 4 , 2009 Mr Bierma provided the Board with an update on the activities of the Neuse River Foundation , including a new logo as well as a name change to Neuse Riverkeeper Foundation Ms Bierma reported that last year , the Foundation collected almost 10,000 pounds of trash and enlisted the help of approximately 300 volunteers PagePage pageNumber8223 February 2 , 2009 – 10 00 am Continued At the inquiry of Commissioner Allen L Mims , Jr , Ms Bierma stated she covers the Neuse River area beginning at the headwaters at Falls Lake Dam down to Goldsboro Ms Bierma reported the Foundation is beginning to see large appliances thrown into the river along with tires and other items Commissioner Mims commented that citizens can bring appliances to the County Landfill at no charge Ms Bierma stated not everyone is aware that such items can be taken to the Landfill at no charge ; however , this year , the day of the cleanup coincides with Wake County’s Hazardous Household Waste Removal Day and the Foundation is hoping to educate citizens on how they can properly dispose of their old appliances Chairman Wade M Stewart commended the efforts of Ms Bierma and all the Foundation representatives and volunteers , noting their work is very critical to Johnston County and is greatly appreciated Ms Bierma invited the Board to attend the Tour de Neuse , a paddling trip down the Neuse River with the Neuse Riverkeepers The event is scheduled for May 6 , 2009 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , 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 4 , 2009 as part of the Neuse River Clean - up 6 Request for Tax Exempt Loan Status – Blackmon’s Crossroads Vol Fire Department Rodney Price , Blackmon’s Crossroads Volunteer Fire Department member , requested the Board to consider approving tax exempt loan status to allow the fire department to borrow 135,000 from Four Oaks Bank for the purchase of a 1998 Sutphen fire truck Mr Price stated the purchase would allow the department to replace two older trucks Upon a question from Commissioner Allen L Mims , Jr , Mr Price stated the fire department has budgeted for the purchase and would not require a tax rate increase to cover the payment on the loan Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board adopted the following resolution approving tax exempt loan status for the Blackmon’s Crossroads Volunteer Fire Department NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Blackmon’s Crossroads Volunteer Fire Department of Johnston County , North Carolina the “ VFD ” , from Four Oaks Bank & Trust Company , in the principal amount of 135,000 which loan is for the following purpose The purchase by the VFD of a 1998 Sutphen Fire Truck , which will be owned and operated by the VFD , and will be maintained at the following address 5813 NC 96 S , Four Oaks , NC 27524 RESOLVED , FURTHER , that the approval of the loan to the VFD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the VFD because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , as amended , and such approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt nd Duly certified by the execution hereof and the placement hereon of the seal of said county , this 2 day of February , 2009 7 Public Utilities – Proposed Amendments to Bulk Water Supply Agreement with Smithfield Tim Broome , PE , Director of Utilities and Engineering , reported the County and the Town of Smithfield entered into an interlocal agreement for bulk water supply in 2000 Under the agreement , the Town is obligated to supply to the County up to 20 mgd of capacity , and the County is obligated to purchase a minimum supply The minimum purchase threshold started at 150,000 gpd in 2000 and increases by 100,000 gpd each year until the 20 mgd limit is reached The current minimum purchase threshold is 105 mgd Mr Broome explained that since 2000 , circumstances have changed for both the Town and County , and the respective management staffs have concluded that several amendments to the original agreement are warranted Mr Broome outlined the essential changes , as follow - A single billing rate is established the higher of the original tiered billing rates was never used - The bulk commodity charge is adjusted PagePage pageNumber9224 February 2 , 2009 – 10 00 am Continued - Fairer terms for seasonal and daily minimum withdrawal are established - A remedy is provided for adjusting the minimum withdrawal threshold in event the Town cannot supply the contract quantity or the water available for supply does not meet minimum quality standards - A future additional point of supply is established Mr Broome requested the Board’s approval of the new agreement Commissioner Cookie Pope moved the Board approve the new Bulk Water Purchase Agreement with the Town of Smithfield , as follows Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Bulk Water Purchase Agreement Between Johnston County and the Town of Smithfield This Contract is made and entered into this ____ day of _______ , 2009 , by and between the Town of Smithfield hereinafter referred to as “ Town ” or “ first party ” and Johnston County hereinafter referred to as “ County ” or “ second party ” RECITALS WHEREAS , the Town can now purify and deliver more clean drinking water than it has been able to sell locally or to distribute which results in the water plant of the Town having “ excess capacity ” ; and WHEREAS , the County will in the future face a greater need for water than its plant can produce in that the County can sell water to its customers throughout the County and even beyond County lines through its extensive water delivery lines ; WHEREAS , the Town desires to sell some of its excess capacity to the County and the County desires to purchase the same from the Town ; WHEREAS , with the assurance of a long - term supply of water from the Town , the County could delay the addition of more capacity for water production at its plant ; WHEREAS , if the Town were to give the County a long - term commitment for the purchase of water , such commitment would lower the unit cost the Town has for its water due to increased volume and a larger economy of scale NOW , THEREFORE , in consideration of the mutual covenants herein contained , IT IS AGREED TERMS The Town agrees to reserve a 20 mgd million gallons per day water supply allocation in its 1 Town Reserves water treatment plant production capacity for the exclusive use of the County 2 County Minimum Daily Purchase Amount The County agrees to begin purchase on July 1 , 1999 , of a st minimum average of 150,000 gpd gallons per day over the following 12 months On July 1 of each consecutive year thereafter , the minimum purchase amount shall increase by 100,000 gpd each year up to the maximum allocation amount of 20 mgd 3 Town Charges The Town shall charge the County a bulk rate of 130 per 1,000 gallons The rate may be adjusted annually with 90 days advance notice However , the Town’s rate shall be no greater than 70 of the County’s bulk rate , unless qualitative process upgrades are required at the Town’s water plant to meet new State and or Federal imposed regulations The 130 per 1,000 gallons bulk rate shall become effective July 1 , 2009 Until that time , a bulk rate of 107 per 1,000 gallons shall apply 4 Average Daily Withdrawal The County shall withdraw a minimum of 05 mgd during the months of November through April and a minimum of 10 mgd during the months of May through October In no case shall the County withdraw more than 20 mgd without the expressed approval of the Town’s Utility Director , and the peak withdrawal rate shall not exceed 30 mgd 5 Basis of Charges If the amount withdrawn on an annual average basis is less than the annual minimum average daily purchase amount creating a “ shortage ” from the minimum amount , the Town will charge the County said annual minimum average daily purchase amount despite the fact the County did not withdraw said amount , and the County will receive no credit for said shortage Included in each of the Town’s monthly invoices to the County shall be a statement of whether the County used more or less than the contractual average amount and how much surplus or deficit usage occurred 6 Town’s Ability to Deliver In event the Town cannot supply water to the County or the Town cannot supply the daily volume required by the County , the average daily contractual purchase volume shall be reduced proportionally for the period involved 7 Water Delivery The County shall receive delivery of the water from the Town at the Clayton Booster Pump Station No 1 on US 70 Business West , the Jones Brothers Booster Pump Station on US 301 North , and or a future booster pump station at or near the intersection of Buffalo Road and US 70 Bypass The County shall pay for all booster pumping from the Town’s system to the County’s system The meters shall be calibrated or replaced with new or rebuilt factory calibrated units biannually at the County’s cost A copy of the test results shall be sent to the Town within thirty 30 days of the actual test The Town may install and maintain monitoring and other metering equipment at the delivery points at its own cost 8 No Town Transmission Charge In deference to the County’s past investment in water main construction in the Town’s water service area , the Town shall not include in its bulk rate calculations any amount or allowance for water transmission through the Town’s distribution system from the water plant to the points of delivery 9 Town Rights on County Mains ; Vice Versa Page0225 February 2 , 2009 – 10 00 am Continued The Town shall have retail water service rights on County mains from Heath Avenue south down US 301 South to the Holt Lake Booster Pump Station , exclusive of the Hopewell - Pisgah Water District service area County water used by Town customers shall be determined by the difference in readings of the Packing Plant Road and the Holt Lake Booster Station meters By retail water service rights , the parties mean that all retail customers excluding other municipalities or water districts in this defined area will be Town customers The Town’s water usage on the US 301 South area and its customers on any other County - owned mains shall be included as part of the minimum required purchase volume each month The net difference in usage shall be credited or debited against the monthly billable volume to the County , as appropriate 10 Town Water Quality The Town agrees to provide water meeting all federal and state regulations with a chemical composition compatible with the County’s water The Town shall strive to provide water with total trihalomethane TTHM and halo acetic acid HAA concentrations below 90 of the EPA maximum allowable level In the event TTHM and or HAA concentrations exceed 90 of EPA maximum allowable levels , the minimum purchase threshold shall be suspended for each day that TTHM and HAA concentrations exceed 90 of maximum EPA allowable levels TTHM and HAA concentrations shall be determined monthly or more often at the point s of delivery of water to the County by the Town The Town and the County agree that their respective waters must be chemically compatible Although no problems have been encountered in water compatibility previously , in event that any incompatibility cannot be corrected , both parties agree to revisit the terms of this agreement 11 Adjustment Clause for Unfair Allocation This agreement shall be valid for fifteen 15 years and may be automatically renewed in one 1 - year increments thereafter The agreement may be amended by mutual written consent Otherwise , the parties further agree that they are unable to anticipate the changes in the needs of the parties for water over the 15 year period hence They agree that these changes will be fairly addressed in the terms allowing a price increase set forth in paragraph three above However , the parties recognize that the water needs of their respective populations may change beyond the foreseeable expectations of the parties The burdens and benefits to the parties of this agreement , such as the cost structures , net revenue , and allocation of water resources made herein , may in the future change Due to such change , the burdens and benefits to each party may be unfair to one party or both in reference to their future obligations to their citizens If either party should in the future believe these terms to constitute a materially unfair allocation of said costs , revenues , or water resources between the parties , they may request a modification of the terms pursuant to the Dispute Resolution Procedures set forth in paragraph 13 In doing so , they would request an adjustment in some aspect of said costs , revenues , or water resources so as to return the allocation of said burdens and benefits in a proportion approximate to that at the time of the execution of this agreement However , it is the intent of the parties for this to be a long - term agreement Therefore , any change pursuant to such a Dispute Resolution will not be implemented into the agreement until two years after the first written request for Dispute Resolution and shall then apply prospectively only from the date of implementation The prior sentence shall in no way restrict the use of the Dispute Resolution Procedures on other issues than the unfair allocation issue addressed herein Currently , the Town has a water treatment plant production capacity of 60 12 Priority of Town Water Needs mgd millions gallons per day ; it has hereby allocated 20 mgd of said capacity to the County in this agreement Subtracting the 20 mgd allocation to the County from the existing capacity of the Town , leaves 40 mgd of said capacity as retained by the Town for its use and the use of its citizens This reserved capacity of 40 mgd of capacity appears at this time to exceed its needs over the next twenty years However , though the Town has hereby agreed to reserve a 20 mgd water supply allocation in its water treatment plant production capacity for the exclusive use of the County the parties understand that the first obligation of the Town is to provide water to its own citizens If the Town determines that its water allocation needs have increased beyond the 40 mgd water supply retained under this agreement , the Town may withdraw such of its allocation to the county as it deems reasonably necessary to serve its own citizens upon 2 years written notice to the County 13 Capital Commodity Surcharge Waived In deference to the Town’s capital expenditures for water plant improvements since 1985 which include two raw water pumps , an ammonia feed system for chloramination , and a by - product solids handling facility which total approximately 14 million , the County agrees to waive the capital commodity surcharge to the Town for its cost share of the 1985 20 mgd water plant expansion from September 6 , 1996 , onward 14 Miscellaneous a Merge and Modification This instrument constitutes the entire agreement between the parties and supersedes any and all prior agreements , arrangements and understandings , whether oral or written , between the parties All negotiations , correspondence and memorandums passed between the parties hereto are merged herein and this agreement cancels and supersedes all prior agreements between the parties with reference thereto No modification of this instrument shall be binding unless in writing , attached hereto , and signed by the party against whom or which it is sought to be enforced b Waiver No waiver of any right o remedy shall be effective unless in writing and nevertheless shall not operate as a waiver of any other right or remedy or of the same right or remedy on a future occasion c Caption and Words The captions and headings contained herein are solely for convenience and reference and do not constitute a part of this instrument All words and phrases in this instrument shall be construed to include the singular and plural number , and the masculine , feminine or neuter gender , as the context requires d Binding Effect This instrument shall be binding upon and shall insure to the benefit of the parties and their heirs , successors , and permitted assigns Page1226 February 2 , 2009 – 10 00 am Continued e North Carolina Law This instrument shall be construed in accordance with the laws of North Carolina without giving effect to its conflict of laws principles f Two Originals This instrument may be executed in two 2 or more counterparts as the parties may desire , and each counterpart shall constitute an original g Follow Through Each party will execute and deliver all additional documents and do all such other acts as may be reasonably necessary to carry out the provisions and intent of this instrument h Authority Both Local Government Bodies have full and complete authority to sell , assign and convey the contracts and assume the obligations referred to herein ; each has approved this contract at a regular meeting i Dispute Resolution Through Mediation In the event of a dispute under this agreement , the parties agree to submit the dispute to mediation by the Duke Private Adjudication Center Inc the “ PAC ” in Durham , North Carolina or by other agreed upon mediator In the event of litigation the situs shall be the General Court Of Justice of the State Of North Carolina in Johnston County , North Carolina IN TESTIMONY WHEREOF , said parties of the first part have hereunto set their hands and seals the day and year first above written 8 Public Utilities – Award of Purchase Contract for Landfill Compactor Haywood Phthisic , Assistant Utilities Director , reported the Public Utilities Department advertised and received bids for a landfill compactor for solid waste operations on January 13 , 2009 Three bids were received from the following companies Company Equipment Base Bid Bid Amount including Amount 48 – month warranty Al - jon , Inc Advantage 500 J3 564,44212 572,81712 Ottimwa , Iowa Gregory Poole Equipment Co Caterpillar 826H 575,38250 607,25650 Raleigh , NC Road Machinery Services , Inc Terex TC400 582,28709 607,26009 Garner , NC Mr Phthisic reported the detailed bid tabulation includes optional wheels and an additional 48 month power train warranty base bid includes 12 month warranty He stated staff recommends award of the purchase contract to low bidder Al - jon , Inc including the additional 48 month power train warranty and the proprietary wheels in the amount of 572,81712 The equipment was requested and approved in the FY 2008 - 2009 budget Chairman Wade M Stewart stated funding in the County is stressed and he asked Mr Phthisic to justify the purchase now instead of waiting until a later date Mr Phthisic explained that the County has two areas in the Landfill , the Construction and Demolition C & D Cell and the Municipal Solid Waste MSW Cell The Landfill currently has three compactors , the newest one being a 2005 model and the others being 2001 and 2002 models Mr Phthisic stated it is staff’s intention to add the new machine to the fleet so the 2001 and 2002 machines can be rebuilt in order to delay further purchases out for 3 or 4 years He noted the compactor is the main piece of equipment at the Landfill and they cannot operate without it The machine ensures the waste is compacted to a proper density level Mr Phthisic informed the Board that if staff takes one of the existing compactors out of service to be rebuilt , then only two machines would be operating He stated if the compactors are unable to achieve the proper densities , then space in the Landfill is wasted At the inquiry of the Chairman , Mr Phthisic noted currently the Landfill has two compactors in operation with the third in service for a regularly scheduled replacement Mr Phthisic reported staff typically expects to get five to six years of life from the machines He noted the oldest compactor is now seven years old , another is six years old , and the current Caterpillar model is four years old Upon a question from Commissioner Tony Braswell , Mr Phthisic stated the C & D Landfill intake is down approximately 25 and the MSW Landfill intake is down approximately 12 Commissioner Braswell stated with the reduction in the waste intake , the argument could be made to postpone the expenditure Commissioner Braswell inquired as to how a postponement in the purchase of the expenditure would impact the Landfill Page2227 February 2 , 2009 – 10 00 am Continued Mr Phthisic stated it is a real possibility that two of the existing compactors could experience problems at any given time He noted staff struggles to keep the machines operational , but equipment does fail He stated the compactor is not a piece of machinery that can be rented and the Landfill must depend on its own fleet Chairman Stewart noted that representatives from Al - jon and Gregory Poole Equipment were in the audience and asked if they would like to address the Board Gary Eddy of Al - jon , stated the loss of compaction in a landfill equals the loss of space which can shorten the life of the landfill cells Mr Eddy noted the cost to construct a Landfill is costly to the County Commissioner Allen L Mims , Jr inquired as to Al - jon’s local service providers Mr Eddy reported the local John Deere dealer would address any warranty issues on the engine and S & S Service of South Carolina would provide service for the rest of the machine He stated the downtime on the equipment for repairs would not be an issue Upon a question from Chairman Stewart , Mr Eddy stated Al - jon has equipment operating in Catawba County , North Mecklenburg County , and a number of operations in South Carolina Paul Calton , representing Gregory Poole Equipment Company and Caterpillar , asked the Board to consider awarding the bid to Gregory Poole Equipment Company for the Caterpillar 826H compactor He reported that in 2005 , Johnston County purchased a Caterpillar 826H compactor at a cost of approximately 50,000 over the low bidder at the time Currently , the cost for the Caterpillar 826H compactor being considered is 35,000 higher than the Al - jon Advantage 500 J3 machine Mr Calton stated Gregory Poole Equipment Company is unmatched regarding service to their equipment in eastern North Carolina with five full service construction divisions and over 165 technicians in the local area He stated that 81 of all parts ordered are filled at the time of order and 98 of all parts ordered are filled by 7 00 am the next morning Mr Calton noted that after hours service is available and a representative has been specifically assigned to the Johnston County Landfill to maintain the equipment The equipment can be monitored from a remote location , diagnosing a potential problem early on and avoiding major equipment issues Mr Calton stated a Caterpillar compactor is built to operate well beyond eight years and are made to be rebuilt to run an additional life cycle In response to questions from Commissioner Mims , Mr Calton stated the Caterpillar compactor is constructed in Peoria , Illinois and the date of delivery , due to the current economic conditions , is now approximately 60 to 90 days Commissioner Jeffrey P Carver called on Mr Phthisic to provide more information on the Board’s award of the 2005 bid for the Caterpillar equipment over the low bidder Mr Phthisic stated the recommendation in 2005 for award of the Caterpillar equipment was based on the fact that the County did not have a relationship with Al - jon’s service provider at that time Mr Phthisic noted that last year , the County purchased a John Deere bulldozer which has operated satisfactorily and excellent service has been provided on the equipment ; therefore , that relationship has now been established Further , Mr Phthisic stated staff visited Catawba County which has three of the Al - jon compactors in operation and spoke extensively with the operators and mechanics who all spoke very highly of the equipment He reported that Landfill Supervisor Rick Proctor and staff visited an operation in South Carolina to view the equipment in operation and was very pleased with what they experienced Chairman Stewart stated the Board must first decide if it would be approving the equipment purchase before awarding the bid Commissioner Carver stated the Board must rely on staff’s recommendation He further stated that the purchase is a significant expenditure and asked Mr Phthisic if the equipment was needed this fiscal year Mr Phthisic stated the Public Utilities Department would not have made a recommendation to purchase the equipment , if they had not felt it was absolutely necessary for the Landfill operations He stated if the purchase is not approved today , the Landfill staff will have to move posthaste to rebuild the existing equipment Mr Phthisic informed the Board that it will cost several hundred thousand dollars to rebuild the existing equipment He reported that it was the hopes that by purchasing the new compactor , it would allow the Landfill to delay further expenditures Page3228 February 2 , 2009 – 10 00 am Continued County Manager Rick Hester reported that after the bid opening , the County received a letter from Road Machinery Services providing an option to piggyback off another bid from Onslow County ; however , the scenario proposed by Road Machinery Services was not included in the original bid specifications Mr Phthisic stated in the piggyback offer from Road Machinery Services , staff had a concern as to the type of wheel being proposed on the equipment He stated the wheel on the machine is the most important component of the equipment Motion to Approve the Purchase of a Compactor Fails Commissioner Allen L Mims , Jr stated he would prefer not to spend the money at this time ; however , he acknowledged the recommendation by staff and moved the Board approve the purchase of a compactor for the Landfill Commissioner Tony Braswell seconded the motion The motion failed via a tie vote , as follows Ayes Commissioners Allen L Mims , Jr , Tony Braswell , and Jeffrey P Carver Nays Commissioners Wade M Stewart , Cookie Pope , and W Ray Woodall Note At the 6 00 pm meeting under Manager Comment , the Board of Commissioners voted to reject the bids 9 Public Utilities – Resolutions for Grants Loans – Johnston County and Two Water Districts Tim Broome , PE , Director of Utilities and Engineering , requested the Board to adopt resolutions authorizing the submission of grant loan applications from the State Revolving Fund for possible federal stimulus funding Mr Broome outlined the projects , as follows and noted the Board would need to sit as the Clayton and Wilson’s Mills Water Districts for two of the resolutions Johnston County County - wide fire hydrant retrofit project described as the addition of fire hydrants on existing water mains throughout the County to provide increased fire fighting capacity Clayton Water District Clayton to Cleveland Water Transmission Main Project described as approximately 9,000 lf of 20 ” water main to ensure reliable supply and improve transmission capability to the District Wilson’s Mills Water Wilson’s Mills to Cleveland Water Transmission Main Project described as District approximately 21,000 lf of 24 ” water main to improve transmission capability of the District Resolution for Johnston County Adopted Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution authorizing the submission of a grant and or loan application for the County - wide fire hydrant retrofit project RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of drinking water distribution system project , and WHEREAS , Johnston County has need for and intends to construct a county - wide Fire Hydrant Retrofit project described as the addition of fire hydrants on existing water mains throughout the County to provide increased fire fighting capacity , and WHEREAS , Johnston County intends to request state loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of Johnston County to make scheduled repayment of the loan , to withhold from Johnston County any State funds that would otherwise be distributed to the localPage4229 February 2 , 2009 – 10 00 am Continued government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and or grant to aid in the construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such infor