March 2, 2009 - 10:00 AM - County Board of Commissioners Meeting Minutes
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10 247 Meeting of the Johnston County Board of Commissioners March 2 , 2009 10 00 am The Johnston County Board of Commissioners met in regular session Monday , March 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 , DeVan Barbour , and Tony Braswell Absent W Ray Woodall Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , 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 opened the meeting with a prayer Commissioner Jeffrey P Carver 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 DeVan Barbour , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – January 30 - 31 , 2009 Retreat ; February 2 , 2009 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 Abundant Avenue , Bounty Circle , Blessed Lane , Prosperity Court and Straight Street – Harvest Ridge Subdivision – Pleasant Grove Township C Town of Clayton – Appointments to Board of Adjustment for New ETJ Area At the request of the Town of Clayton , the Board appointed the following individuals to the Clayton Board of Adjustment to represent the new ETJ area of the Town Note The Public Hearing requirement for appointments to the new ETJ area was satisfied at the November 3 , 2008 Board of Commissioners meeting Gary Anthony Jewell , 2003 Pinebark Lane , Clayton , NC Term Expiring 12 31 2009 Johnny R House , 2975 Covered Bridge Road , Clayton , NC Term Expiring 12 31 2010 D Call for Public Hearing – First Responder Franchise for Benson Fire Dept The Board scheduled a public hearing to be held at the April 6 , 2009 10 00 am meeting to allow for public comment on the Benson Fire Department’s request for a first responder franchise now that they have satisfied all the requirements to provide the service Page248 March 2 , 2009 – 10 00 am Continued E Call for Public Hearing – Expansion of McLemore Fire District Boundaries The Board scheduled a public hearing to be held at the April 6 , 2009 6 00 pm meeting for the purposes of allowing public comment on the proposed expansion of the McLemore Fire District boundaries F Approval of By - Laws for the Veterans Services Advisory Board The Board approved the By - Laws for the Johnston County Veterans Services Advisory Board , as follows Johnston County Veterans Services Advisory Board By - Laws Article I Name and Jurisdiction A The organization name shall be the Johnston County Veterans Services Advisory Board B The geographical area covered by the Advisory Board shall be Johnston County in its entirety C The ordinary business address for this board is Post Office Box 1144 , Smithfield , NC 27577 Article II Purpose and Objectives A To act in an advisory capacity to the Johnston County Veterans Services Office on issues facing veterans residing in Johnston County B To make recommendations to the Johnston County Board of Commissioners on veteran issues , as requested by the Board of Commissioners C To work with the Johnston County Veterans Service Officer , the Johnston County Veterans Council , and all Veterans Service Organizations to enhance support to Veterans in Johnston County Article III Membership A The membership of the board shall consist of the following 1 Seven veterans residing in Johnston County One member will be appointed from each of the seven Commissioner Districts of Johnston County 2 One County Commissioner shall serve as an Ex - Officio member of the board 3 The Current President of the Johnston County Veterans Council shall serve as an ex - officio member during his term of office 4 The Johnston County Veterans Services Officer shall serve as an Ex - Officio Member of the Board 5 Each member shall have one vote 6 Four members present shall constitute a quorum 7 Members may not send a delegate to act on their behalf Article IV Terms All seats on the Board may serve no more than three 3 consecutive terms The term limit may be waived by the Board of Commissioners , if it is determined that the removal of the member is detrimental to the function of the Johnston County Veterans Services Advisory Board The length of terms shall be staggered so that continuity is not disrupted Article V Officers A The Officers shall consist of l Chairperson 2 Vice Chairperson 3 Secretary B The Board membership shall elect the Chairperson and Vice Chairperson of the Advisory Board The Secretary shall be appointed by the Chairperson on a yearly basis and need not be a member of the Board C The Officers shall serve one year terms The election of Chairperson and Vice Chairperson and the appointment of the Secretary shall be held at the last meeting on every calendar year and the new officers shall take their position at the first meeting of the following Calendar year D Election of officers shall be by at least fifty - one percent 51 of the votes of the members present at the last meeting of the fiscal year ` Article VI Duties of Officers A Chairperson The chairperson shall preside at all meetings of the Board and serve as an ex - officio member to all sub - committees On this Board , the Chairperson shall be a voting member B Vice - Chairperson The Vice - Chairperson shall carry out all duties in the Chairpersons absence He shall perform any other duties as may be required by the Chairperson Page249 March 2 , 2009 – 10 00 am Continued C Secretary The Secretary shall see that all meetings are properly recorded and minutes kept The Secretary shall send all meeting notices , minutes of prior meetings and any other information to the members Article VII Meetings A The meetings of the Board shall be held quarterly The Chairperson Vice - Chairperson will set the date , time and place to meet B The Chairperson Vice - Chairperson may call special meetings of the Board deemed necessary Article VIII Amendment These By - Laws may be amended by a two - thirds 2 3 vote of all members present at any regular meeting of the Board , provided the amendment was submitted to the entire membership at least thirty 30 days prior to the meeting Final approval and adoption of these By - Laws and any amendments are subject to the approval of the Johnston County Board of Commissioners Article IX Rules and Regulations A The current edition of Rules of Procedure for the Board of County Commissioners , as published by the Institute of Government , shall govern the Board meeting B The Advisory Board shall follow the Resolution for Establishment of Policy and Procedure for appointments to Johnston County Boards , Commissions , Committees or Authorities G Proclamation – National Week of the Young Child – April 19 - 25 , 2009 The Board adopted the following proclamation declaring the week of April 19 - 25 as the National Week of the Young Child in Johnston County Proclamation Week of the Young Child April 19 - 25 , 2009 WHEREAS , the Partnership for Children of Johnston County and other local organizations , in conjunction with the National Association for the Education of Young Children , is celebrating the Week of the Young Child April 19 through April 25 ; 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 19 - 25 , 2009 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 nd Adopted this the 2 day of March , 2009 H Resolution – Designation for J Chad McLamb , Director of Finance The Board adopted the following resolution designating J Chad McLamb , CPA , in his capacity as the County’s Director of Finance , as an authorized representative of the County with respect to any and all of the County’s funds and accounts with First - Citizens Bank & Trust Company and other financial institutions The resolution grants full power and authority to execute documents related to the various deposit accounts of the County as well as various funds and accounts related to installment contract financings and other debt incurred by the County RESOLUTION DESIGNATING DIRECTOR OF FINANCE AS AUTHORIZED REPRESENTATIVE BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” Section 1 The Board hereby finds , determines and declares as follows a The County maintains various funds and accounts with First - Citizens Bank & Trust Company FCB , including , without limitation , various deposit accounts and various funds and accounts related to installment contract financings and other debt incurred by the County The County also maintains various funds and accounts with other financial institutions b The County desires to designate J Chad McLamb , CPA , in his capacity as the Countys Director of Finance , as an authorized representative of the County with respect to any and all of the Countys funds and accounts now or hereafter maintained with FCB or any other financial institution with full power and authority to execute any and all documents related to said funds or accounts Page250 March 2 , 2009 – 10 00 am Continued c This resolution shall not disturb the existing power and authority of any other authorized representative of the County to execute any documents related to said funds or accounts now or hereafter maintained by FCB or any other financial institution , which authority shall remain in full force and effect Section 2 This resolution shall take effect upon its passage I Criminal Justice Partnership – Request for State Grant Renewal for FY 09 - 10 The Board approved the grant renewal application for FY 09 - 10 for grant monies in the amount of 122,41800 from the North Carolina Department of Correction for the Johnston County Criminal Justice Partnership Advisory Board J Order to Advertise Tax Liens for 2008 Delinquent Tax Bills Pursuant to NCGS § 105 - 369 a and b1 , the total amount of unpaid real estate taxes for 2008 is 5,516,96529 on 8,600 accounts as of January 30 , 2009 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 , 2009 At the request of Tax Administrator Pat Goddard , the Board authorized the Tax Department to advertise the liens for the delinquent 2008 tax bills K Tax Releases & Refunds – 1 16 2009 – 02 15 2009 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2008 0811 - 854688 0808 - 961335 TAYLOR , CORY ALLEN Overpayment 61782 2008 0901 - 871407 0810 - 986943 ALLEN , PAUL LEVON Release 17671 2008 0901 - 873800 0810 - 988519 MCGEE , GERALD LEE Release 12978 2008 0901 - 874487 0810 - 990623 THOMPSON , KIMALISA ANTOINETTE Release 14717 2008 0810 - 830451 0807 - 947267 GMAC Overpayment 16185 2008 0811 - 854688 0808 - 961335 TAYLOR , CORY ALLEN Void Refund 61782 2008 0811 - 854688 0808 - 961335 TAYLOR , CORY ALLEN Overpayment 61697 2008 0808 - 806565 0805 - 918334 RHODES , COLLEEN MOEN Overpayment 22763 2008 0901 - 871229 0810 - 987095 IRON MEN STEEL ERECTORS INC Release 12881 2008 0811 - 855833 0808 - 964941 MCCULLERS , ROSALYN NICHOLE Release 23058 2008 0901 - 875624 0810 - 990085 BOHLMAN , DANIEL JOHN Release 26609 2008 0811 - 852064 0808 - 955985 WILLIAMS , SAMUEL LEE Overpayment 11475 2008 0812 - 870914 0809 - 975002 WHEELS LT Overpayment 12225 2008 0812 - 860078 0809 - 974453 BOISVERT , RONALD Release 1,93200 2008 0901 - 882327 0809 - 974453 BOISVERT , RONALD Overpayment 19320 2008 0901 - 875104 0810 - 987017 HILL , DERYCK KYLE Release 10278 2008 0901 - 874462 0810 - 986912 TAYLOR , TIMOTHY FRED Release 16709 2008 0812 - 866105 0809 - 978808 RICE , LEONARD KEITH Release 22059 2008 0901 - 873242 0810 - 986992 GRAVES , KEVIN Release 13847 2008 0811 - 849966 0808 - 960895 ANDERSON , TERRANCE Release 24735 2008 0811 - 853736 0808 - 955606 BRANCH CHAPEL FREEWILL BAPTIS CH Release 11748 2008 0811 - 853737 0808 - 958652 BRANCH CHAPEL FREEWILL BAPTIS CH Release 11748 2004 0504 - 311215 0501 - 355555 SCARBORO , TYCHELLE AMERSON Overpayment 14765 2008 0812 - 865251 0809 - 975787 US DOORWAYS INC Overpayment 14728 2008 0811 - 855638 0808 - 954234 JAY WHITEFORD TRUCKING Release 42500 2008 0901 - 874985 0810 - 982460 DUNN , ROY HILTON Release 14430 2007 0711 - 691011 0708 - 775678 CARMICHAEL , II , FRED PAUL Release 21079 2008 0901 - 877182 0810 - 990812 WAVER , STEPHEN JOHN Release 10960 2008 0810 - 836909 0807 - 938622 PIGFORD , JR , THOMAS COLUMBUS Release 10956 2008 0901 - 873085 0810 - 988778 FAUCETTE , RHONDA ELLIS Release 11010 2008 0811 - 856379 0808 - 963815 VELASCO , VIRGINIO AVILA Overpayment 19351 2008 0901 - 873484 0810 - 987494 JAMES , JR , CHARLIE CURTIS Release 10749 2008 0901 - 871554 0810 - 989690 CARDINAL FINANCE COMPANY INC Release 28310 2008 0901 - 882339 0711 - 002454 BARBOUR , ROGER HUBERT Release 12226 2008 0812 - 860246 0809 - 977369 CARTER , BRIAN EDWIN Release 27467 PagePage pageNumber5251 March 2 , 2009 – 10 00 am Continued 2008 0901 - 876357 0810 - 988959 TROYER , THOMAS ALLEN Release 21982 2008 0901 - 881964 0810 - 981100 PARTON , JR , ROBERT ALFRED Release 17220 2008 0812 - 864219 0809 - 976887 SANTAVICCA , PIETRO NEVO Release 23666 2008 0810 - 838451 0807 - 947934 GRAHAM , KELLY TAYLOR Overpayment 13348 2008 0901 - 882224 0810 - 986692 DESPORTE , SHANNON LEE Release 10862 2008 0901 - 880822 0810 - 990462 VANCE , TIMOTHY SHAWN Release 17397 2008 0812 - 858226 0809 - 972961 CRESSWELL , SUZANNE WHITNEY Release 10637 2008 0901 - 874371 0810 - 986856 SPRASON , RONALD EDWARD Tag Surrender 12435 2008 0811 - 854728 0808 - 959418 UNITED LOVE HOLINESS CHURCH Overpayment 12336 2008 0810 - 833561 0807 - 943601 JOHNSON , BARBARA ANN Overpayment 14241 2008 0812 - 866647 0809 - 972210 VONGBANDITH , PHITSAMAY Tag Surrender 11072 2008 0901 - 874113 0810 - 988901 PRZYWARA , SR , JOSEPH CHARLES Release 15760 2008 0808 - 814363 0805 - 912433 REDMAN , CARROLL GEORGE Tag Surrender 32346 2008 0809 - 823336 0806 - 926345 JOHNSTON , ROBERT JOHN Overpayment 12003 2008 0807 - 795661 0804 - 900421 REED , TRACIE MONK Overpayment 10577 2007 0806 - 778498 0803 - 888488 HAYES , BRUCE CHARLES Overpayment 40239 2008 0901 - 882216 0810 - 989774 PARKER WILSON CONSTRUCTION GRP Release 19791 2007 0806 - 784005 0803 - 886742 CURTIS , SIDNEY DONALD Release 10435 2008 0812 - 870924 0809 - 974985 PORSCHE LEASING LIMITED Tag Surrender 18869 2008 0807 - 795661 0804 - 900421 REED , TRACIE MONK Void Refund 10577 2008 0901 - 876975 0810 - 989969 MYERS , RONALD LEE Release 11390 2006 0704 - 607637 0701 - 671350 CLAY , CECIL MCNEIL Release 10433 2008 0810 - 830472 0807 - 949906 WELLS FARGO AUTO FINANCE INC Overpayment 18493 2008 0901 - 882342 0810 - 988959 TROYER , THOMAS ALLEN Release 17587 2008 0901 - 879908 0810 - 988979 ELLIOTT , TINA MICHELLE Release 18698 2008 0901 - 877977 0810 - 990869 WOOD , JAMES ODELL Release 10931 2008 0901 - 875562 0810 - 989661 YOUNG , MATTHEW RYAN Release 54554 2008 0901 - 878409 0810 - 987950 THOMPSON , CARMEN RENEE Release 26245 2008 0811 - 847968 0808 - 955132 ONEAL , RONALD EUGENE Overpayment 10053 2008 0812 - 868337 0809 - 974210 DUPREE INVESTMENTS LLC Overpayment 70145 2008 0812 - 868765 0809 - 969140 MARKET STREET INVESTMENTS Overpayment 15972 2008 0812 - 868764 0809 - 968555 MARKET STREET INVESTMENTS Overpayment 15972 2007 0805 - 770741 0802 - 867454 AVALOS , ALEXANDER BENJAMIN Overpayment 11462 2008 0809 - 827384 0806 - 924158 COTTON , BEVERLY ANN Overpayment 10438 2008 0809 - 824415 0806 - 924172 DAVIS , ANN JONES Overpayment 12136 2008 0807 - 798732 0804 - 899381 HERNANDEZ , ANA MARIA SANCHEZ Overpayment 11887 2007 0806 - 779517 0803 - 888164 PURCELL , DAMMORRA QUIANNA Overpayment 15443 2007 0803 - 749558 0712 - 824169 VALDEZ , KATHERINE PARRISH Overpayment 11990 2007 0804 - 758464 0801 - 838913 STEVENS , JR , HAROLD LYLE Overpayment 21156 2008 0808 - 807442 0805 - 917656 ANDERSON , MARY LOU Overpayment 10643 2008 0807 - 801711 0804 - 902962 MCCORD , KAREN FAIRCLOTH Overpayment 11194 2008 0808 - 806963 0805 - 909753 SWINSON , CHARLES GEMALL Overpayment 10432 2008 0809 - 817959 0806 - 926101 SMITH , ADRIAN LEE Overpayment 10923 2007 0804 - 752415 0801 - 838945 DAVIS , BENJAMIN Overpayment 49600 2008 0808 - 809558 0804 - 920196 EVERETT , JOSEPH WILLIAM Overpayment 18727 2008 0812 - 860305 0809 - 970076 CHUKWU , JOSEPH OKWY Overpayment 17649 2008 0809 - 827384 0806 - 924158 COTTON , BEVERLY ANN Void Refund 10438 2008 0809 - 827384 0806 - 924158 COTTON , BEVERLY ANN Overpayment 10438 2008 0901 - 872719 0810 - 984637 CAROLINA CONDUIT SYSTEMS INC Overpayment 38931 2008 0901 - 872719 0810 - 984637 CAROLINA CONDUIT SYSTEMS INC Void Refund 38931 2008 0901 - 872719 0810 - 984637 CAROLINA CONDUIT SYSTEMS INC Overpayment 10331 2007 0806 - 782118 0803 - 890319 ROSA , LEANN Release 15861 2008 0808 - 805443 0805 - 913790 HARRIS , PERRY RALPH Overpayment 17269 2007 0803 - 749909 0712 - 824255 PETREE , TERESA ANN Release 16991 2008 0808 - 810365 0805 - 916353 DAUGHTRIDGE , CHARLES RAY Release 17584 PagePage pageNumber6252 March 2 , 2009 – 10 00 am Continued 2008 0808 - 815289 0805 - 913235 BYRD , SONDRA BUMPERS Release 10578 2008 0811 - 850076 0808 - 960800 BRADY , HELENA INA Overpayment 16789 2008 0811 - 857579 0808 - 963321 SHEEHAN , PATTI LEEANN Release 18320 2008 0811 - 845656 0808 - 956889 NEWBY , YOLANDA HICKS Overpayment 92000 Real Personal Property Releases 1 21 2009 11 46 11 105 SHEILA 2008 - 015328 2000131855 CARTER , DOUGLAS WAYNE 52589 1 21 2009 12 55 22 105 SHEILA 2008 - 060287 2000016917 MURRAY , BOBBY CHEVROLET 61833 1 22 2009 16 45 02 105 SHEILA 2008 - 090548 2000121806 WILLA PROPERTIES INC 1,89530 1 26 2009 15 13 03 105 SHEILA 2008 - 062035 2000129722 NORTH CAROLINA DISTRICT 60205 1 26 2009 15 19 28 105 SHEILA 2002 - 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082780 2000048176 TART , TERESA JOHNSON 21309 9999 2 3 2009 15 59 58 JACKIE 2008 - 013433 2000034068 BYRD , CHARLES LEE 14405 319 2 4 2009 14 20 51 JENNIFER 2008 - 090549 2000121806 WILLA PROPERTIES INC 85266 310 2 4 2009 14 36 52 LOCKBOX 2008 - 054137 2000131744 MASON , MICHAEL 2,00115 9999 2 5 2009 13 56 23 JENNIFER 2008 - 031445 32995012 GODWIN , JAMES E 1,90900 310 2 5 2009 14 26 28 LOCKBOX 2008 - 096931 2000136993 BEVIER , GEORGE WADE 11339 9999 2 9 2009 13 07 08 ALLISON 2008 - 202087 2000131681 GTECH CORPORATION 46087 338 2 11 2009 11 55 04 LOCKBOX 2008 - 056340 58963046 MCLAMB , HAZEL P 1,39273 9999 2 11 2009 11 55 10 LOCKBOX 2008 - 075300 2000036084 SELCO CONSTR INC 8,52842 9999 2 12 2009 16 16 15 CATHY 2008 - 010780 2000139968 BRASWELL , LINWOOD E INC 23281 121 February 18 , 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 1 16 09 to 2 15 09 Tax refunds - Personal Real Property 1,02077 Tax releases - Personal Real Property 2,04871 Motor Vehicle releases refunds 6,33998 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer J Chad McLamb 3 Public Comments A Oakland Fire District Boundaries Chris Perry , Johnston County Fire Marshal , reported that the Oakland Fire District is mainly composed of property in Wayne County ; however , a small portion of Johnston County is served by the District Mr Perry informed the Board that based on staff’s research , the boundaries of the Oakland Fire District have been approved by the Wayne County Board of Commissioners but have never been formally adopted by Johnston County Mr Perry requested the Board to adopt a resolution officially approving the existing boundaries for insurance grading purposes , in advance of the District’s upcoming inspection by the Department of Insurance The residents in the area have been paying the District’s fire tax 007 ; therefore , they will see no difference in their taxes or level of coverage as a result of the resolution being adopted Mr Perry offered to answer any questions by the Board Commissioner Tony Braswell moved the Board adopt the following resolution providing for the boundaries of the Oakland Fire District in Johnston County Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote PagePage pageNumber8254 March 2 , 2009 – 10 00 am Continued RESOLUTION PROVIDING FOR THE BOUNDARIES OF THE OAKLAND FIRE DISTRICT IN JOHNSTON COUNTY WHEREAS , the Oakland Fire Department has been operating in Johnston County since its creation ; and WHEREAS , the Oakland Fire District was last revised on February 1 , 1985 and included areas in both Wayne and Johnston Counties ; and WHEREAS , the fire district map and written description must be approved by the Board of Commissioners prior to certification by the NC Department of Insurance ; and WHEREAS , the portion of the Oakland Fire District in Johnston County must be approved by the Board ; and WHEREAS , pursuant to NC General Statutes § 153A - 233 , the Board of Commissioners is authorized to establish districts and prescribe boundaries thereof for insurance grading purposes ; NOW , THEREFORE , BE IT RESOLVED the Johnston County Board of Commissioners at their meeting in regular session at Smithfield , North Carolina on March 2 , 2009 , do hereby approve the attached map and following boundaries of the Oakland Fire District in Johnston County The Oakland Fire District in Johnston County is thereby established as follows Oakland Fire District Served by Oakland Fire Department Boundary Description Beginning at a point 1 on SR 1226 Old Hinton Princeton Road at the boundary of Wayne - Johnston County line ; thence in a southwesterly direction to a point 2 on SR 2372 Massey - Holt Road , 05 miles northwest of its intersection with SR 2539 Long Leaf Talton Road ; thence in a southwesterly direction to point 3 on SR 1007 Brogden Road , 02 miles southeast of its intersection with SR 2529 Worley Road ; thence along SR 1007 Brogden Road in a southeasterly direction to point 4 on SR 1007 Brogden Road , 06 miles west of its intersection with SR 2541 Buckleberry Road ; thence in a southeasterly direction to a point 5 on SR 2541 Buckleberry Road , 08 miles southeast of its intersection with SR 1007 Brogden Road ; thence to a point 6 at coordinate 35 degrees 22 minutes 4077 seconds North by 78 degrees 8 minutes 1004 seconds West on the Wayne - Johnston County line ; thence in a northeasterly direction along the Wayne - Johnston County line to the beginning point of 1 NOTE This district excludes any properties within a municipality nd day of March , 2009 Adopted this the 2 4 Recognition of the Johnston County Board of Equalization and Review Chairman Wade M Stewart called on Tax Administrator Pat Goddard , who serves as support staff to the Board of Equalization and Review PagePage pageNumber9255 March 2 , 2009 – 10 00 am Continued Ms Goddard stated the Board of Equalization and Review is responsible for reviewing tax appeals by the citizens of Johnston County She reported the Board meets annually in April to review real estate appeals as well as quarterly or every six months to review motor vehicle tax appeals The Board’s membership is composed of seven individuals each representing one of the seven Commissioner Districts in Johnston County Ms Goddard commented on the importance of the Board of Equalization and Review , indicating that they serve a vital role to Johnston County Ms Goddard introduced the members present including William Odell Edwards and David Byrd Ms Goddard informed the Board that Mr Byrd will be officially resigning from the Board due to health concerns Chairman Stewart thanked the Board of Equalization and Review members , noting their work can be very time consuming and stated they are very much appreciated by the entire Board of Commissioners After further discussion , the Board presented Certificates of Appreciation to each of the current members on the board , as follows Jeffery C Lee , Chairman David E Byrd W Ron Earp William Odell Edwards Randy T Stephenson Thomas A Stevens Don R Wells 5 Public Hearing – 10 15 am – Request for Road Abandonment - Advertised – In The Smithfield Herald – February 18 and 25 , 2009 Chairman Wade M Stewart opened the public hearing Tim Little , PE , District Engineer with the Department of Transportation , stated the purpose of the public hearing is to provide the public an opportunity to address the Board on a proposed abandonment of a portion of SR 1914 Bear Farm Road in Wilson’s Mills Township Mr Little reported a petition by the current landowners was submitted to the NC Department of Transportation requesting for the section to be abandoned from the State Maintenance System Mr Little stated the Department of Transportation is asking the County to concur with the request There being no further comments , the Chairman closed the public hearing Commissioner Tony Braswell moved the Board concur with the NC Department of Transportation’s request to abandon portions of SR 1914 Bear Farm Road – Wilson’s Mills Township , from the State Maintained System Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote 6 Sheriff’s Department – Request to Surplus Vehicles Sheriff Steve Bizzell requested the Board to declare the following vehicles surplus and authorize them to be sold at a government services administration auction on Wednesday , April 15 , 2009 at 10 00 am by Manheim of NC Auto Auction formerly Aycock Auto Auction of Kenly , North Carolina at their facility in Kenly Sheriff Bizzell reported all the vehicles have in excess of 100,000 miles and or major mechanical problems Year Make Model VIN Mileage 1 2000 Ford Crown Victoria 2FAFP71W7YX111231 112,301 2 2001 Ford Crown Victoria 2FAFP71W11X200136 111,197 3 2002 Mercury Sable 1MEFM55S42G609610 106,395 4 2003 Mercury Sable 1MEFM55S93A611017 109,889 5 2003 Ford Crown Victoria 2FAFP71W73X130158 111,127 6 2003 Ford Crown Victoria 2FAHP71W13X220768 118,030 7 2003 Ford Crown Victoria 2FAHP71W33X220755 109,130 8 2004 Ford Crown Victoria 2FAFP71W24X175588 116,463 9 2005 Ford Crown Victoria 2FAFP71W35X177593 108,824 10 2005 Ford Crown Victoria 2FAHP71W05X125850 114,982Page0256 March 2 , 2009 – 10 00 am Continued 11 2005 Ford Crown Victoria 2FAFP71W45X104538 104,146 12 2005 Ford Crown Victoria 2FAFP71W25X177603 111,833 13 2005 Ford Crown Victoria 2FAFP71W15X104531 117,477 14 2005 Ford Crown Victoria 2FAFP71W15X177592 112,735 15 2005 Ford Crown Victoria 2FAFP71W75X104534 101,211 16 2005 Ford Crown Victoria 2FAFP71W65X104525 108,005 17 2005 Ford Crown Victoria 2FAFP71WX5X104530 103,674 18 2005 Ford Crown Victoria 2FAFP71WX5X104527 110,162 19 2005 Ford Crown Victoria 2FAFP71W25X104537 114,982 20 2005 Ford Crown Victoria 2FAFP71W95X177596 113,145 At the inquiry of Commissioner Jeffrey P Carver , Sheriff Bizzell reported he estimates each vehicle to sell for an average cost of approximately 2,700 to 6,500 and the money goes back into the General Fund Commissioner Allen L Mims , Jr asked if replacement vehicles were budgeted for this fiscal year Sheriff Bizzell confirmed his office had already purchased and received the replacement vehicles with funds from the current fiscal year’s budget Upon a question by Chairman Wade M Stewart , Sheriff Bizzell stated he anticipates needing 22 new vehicles each year on average Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board declared the above listed vehicles surplus and authorized they be sold at the government services administration auction on Wednesday , April 15 , 2009 at 10 00 am by Manheim of NC Auto Auction formerly Aycock Auto Auction of Kenly , North Carolina at their facility in Kenly 7 Sheriff’s Department – Governor’s Highway Safety Program Grant Funding Sheriff Steve Bizzell requested the Board’s approval to enter into an agreement to receive federal funding for a project in coordination with the Governor’s Highway Safety Program GHSP , concerning the teen fatalities and other motor vehicle related concerns in the County The GHSP has agreed to provide substantial funding through a grant , to assist with equipping the SAFE Team vehicles with 11 digital in - car video cameras and 11 radar units Sheriff Bizzell reported on the source of grant funding , as follows 75 Federal Funds 51,407 25 Local Matching Funds 17,137 Sheriff Bizzell stated the 25 matching funds is in the Sheriff’s Office budget He noted the GHSP has also agreed to provide full funding for the purchase of a mobile light tower , to be utilized for conducting nighttime traffic checking stations Upon a motion by Commissioner Cookie Pope , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board granted approval for the Sheriff’s Department to enter into an agreement to receive federal funding for a project in coordination with the Governor’s Highway Safety Program GHSP , concerning the teen fatalities and other motor vehicle related concerns in the County 8 Council on Aging – Request County Match for Grant Funds Lynn Bermingham , JCATS Transportation Manager , requested the Board to approve a match in the amount of 66,421 to the NC DOT Community Transportation Program grant for FY 09 - 10 The total grant from the NC DOT is 517,513 , and is the major administrative and capital grant with which JCATS operates Ms Bermingham provided the following information for use of the Federal and State grant and County match • 293,386 administrative and employee development budget request - 167,702 JCATS Administrative Staff - 125,684 employee education as well as other administrative expenses • 224,127 capital budget request - 184,500 3 replacement vehicles - 1,500 for logos for new vehicles - 300 paper shredders - 1,197 for baseline technology server storage expansion Page1257 March 2 , 2009 – 10 00 am Continued - 36,630 for paving and storage shed Ms Bermingham pointed out that the match , if approved , would be incorporated into the Council on Aging’s budget to be submitted in June for FY 09 - 10 Ms Bermingham thanked the Board for their past support to JCATS and offered to answer any questions Commissioner Tony Braswell commented on the reduction in the request from last fiscal year Ms Bermingham explained that staff had reviewed all their equipment and determined there was not a need for as many replacement vehicles as in past years Ms Bermingham reported she along with the JCATS staff have been reviewing their administrative practices in an effort to find ways to reduce costs The Board expressed their appreciation to Ms Bermingham and her staff for being conservative in their funding request Commissioner DeVan Barbour moved the Board approve a match in the amount of 66,421 to the NC DOT Community Transportation Program grant for FY 09 - 10 Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 9 Social Services – Work First Plan Amendment Earl Marett , Director for the Department of Social Services , requested the Board’s review and approval of an amendment to the Johnston County Work First Plan for FY 2009 - 2011 Mr Marett explained that the Department of Social Services is experiencing an increase in the number of families that have a need for additional assistance with utility bills due to the current economic situation , especially in towns where electric rates are higher He reported staff is addressing this area in the Emergency Assistance Program and recommends the proposed amendment to change the maximum household benefit from 400 to 600 per year The Board of Social Services approved this amendment on January 27 , 2009 , and the effective date of this change , if approved , would be March 1 , 2009 The funding is 100 TANF Temporary Assistance for Needy Families funds for this program Mr Marett offered to answer any questions Commissioner DeVan Barbour questioned if the benefit increase would mean that fewer people would be served Mr Marett explained that Social Services receives a fixed amount of TANF funding each fiscal year , some of which is used to help with daycare expenses for needy families He noted that Social Services has an excess of daycare funds remaining which they plan to convert over to the emergency assistance program that provides help with utility bills so as not to limit the number of people that can be helped Upon questions by Commissioners Jeffrey P Carver and Allen L Mims , Jr , Mr Marett reported each family would receive a maximum yearly benefit of 600 which can be applied to more than one month’s electricity bill , up to 600 He stated the Department of Social Services would review the Plan next year to see if further adjustments are needed Commissioner Carver noted that the daycare funds are being converted to the emergency assistance program because more people are staying home with their children due to unemployment Commissioner Barbour asked how much money would be shifted from the daycare funds over to the emergency assistance program Mr Marett reported he anticipates approximately 200,000 being shifted over to the emergency assistance program Mr Marett stated DSS received 1,000 more office visits in December 2008 than December 2007 and he believes that all the funds shifted over to the program would be used to provide assistance with utility bills At the inquiry of Commissioner Tony Braswell , Mr Marett stated that with the current economic crisis , DSS had approximately 3,200 additional public assistance cases in January 2009 than in January 2008 He noted that TANF funds can only be used for families that have children He stated currently , DSS has 24,000 Medicaid cases , 8,000 food nutrition cases , and 1,500 children that receive daycare assistance on a monthly basis The average caseload is 400 cases for an income maintenance caseworker and the Department is working nights as well as every other weekend to manage the increasing caseload Page2258 March 2 , 2009 – 10 00 am Continued Chairman Wade M Stewart asked for an update on the Child Protective Services CPS Program Mr Marett stated the CPS Program receives approximately 100 reports of child abuse each month and approximately one - fourth of those reports are investigated He clarified that the remaining reports are screened and determined not to be abuse or neglect cases He stated there is still a large amount of substance abuse and domestic violence cases that are reviewed Mr Marett noted the employment turnover rate for qualified staff in the CPS field is high due to the nature of the work Mr Marett stressed that the safety of children is a top priority and the CPS staff is monitored closely to ensure that children are being protected The Department has 12 investigator positions with four of those spots currently vacant Chairman Stewart commented that the investigators work in extremely stressful environments Mr Marett informed the Board that the Sheriff’s Department has been a great resource for the CPS investigators in potentially dangerous situations Chairman Stewart expressed his concerns over the current economic crisis as well as the upcoming budget discussions and cautioned Mr Marett that funding for the FY 09 - 10 budget would be difficult Mr Marett stated he understood the current budget issues ; however , he noted that the DSS staff is working very hard to meet all the demands and he asked the Board to keep in mind the increase in the requests for assistance County Manager Rick Hester informed the Board that any vacant positions involving the Child Protective Services are being filled Chairman Stewart remarked on the importance of protecting the children in the County and agreed that all vacant positions involving Child Protection Services should be filled Work First Plan Amendment Approved Commissioner DeVan Barbour moved the Board approve the amendment to the Emergency Assistance Program to change the maximum household benefit from 400 to 600 per year , as follows Commissioner Cookie Pope seconded the motion , which carried by unanimous vote A household may receive benefits more than one time during a state fiscal year , which is defined as July through June The maximum benefit that can be paid to a household during a state fiscal year is 600 However , there is no requirement that a household must receive benefits of 600 in a state fiscal year Payments can be made in any amount as many times as warranted up to a 600 maximum in a state fiscal year Gross earned income plus unearned income will be used to determine eligibility The income level will be 200 of the poverty level or whatever funding allows EA funding will be used for Utilities cooling heating and water for all of Johnston County residents Rent will be paid for CPS cases up to the 600 limit with a referral from the CPS worker to prevent the child being removed from his her home Rent will also be paid up to the 600 maximum for any family experiencing a loss of home by fire or disaster 10 Public Hearing – 10 30 am – Johnston County Water Supply and Water Storage Alternatives Environmental Assessment - Advertised – In The Smithfield Herald – January 28 , 2009 Chairman Wade M Stewart opened the public hearing Tim Broome , PE , Director of Utilities and Engineering , explained that the Department of Utilities has been working for several years to develop a plan for a future water supply involving a new intake on the lower Neuse River as well as the utilization of the rock quarries located north of Princeton in Johnston County Mr Broome introduced JD Solomon , Adam Sharpe , and Ruth Swanek with CH2M Hill , the County’s consulting engineers on the project Page3259 March 2 , 2009 – 10 00 am Continued Adam Sharpe addressed the Board and stated the purpose of the public hearing is to present the findings of the Environmental Assessment for the development of a new raw water supply on the lower Neuse River to satisfy requirements by the North Carolina Division of Environmental Health as well as allow for public comment Mr Sharpe outlined the following meeting objectives • Describe Proposed Project Scope • Identify Project Purpose and Need • Describe Project Alternatives • Describe Findings of the Environmental Assessment EA • Describe Current Status of SEPA review process • Receive Public Comment Mr Sharpe reported the proposed project scope includes a new raw water supply from the lower Neuse River , a new 24 MGD water treatment facility with associated raw and finished water transmission lines , and the utilization of two existing rock quarries for raw water storage Mr Sharpe pointed out the location of the proposed project on a map for the Board and discussed each of the elements in the project scope in detail The proposed maximum raw water withdrawal rate at the new intake would total 30 MGD and the new water treatment plant peak capacity would be 24 MGD Mr Sharpe commented on the importance of utilizing the rock quarries for raw water storage , noting one quarry is currently abandoned while the other is still active and in use by Hanson Aggregates The abandoned quarry has a water supply storage capacity of 08 billion gallons 27 days of storage and the active quarry has a water supply storage capacity of 71 billion gallons 240 days of storage Mr Sharpe reported on the past increase in the County’s water usage , indicating the need to explore new water supplies to meet expected future demand , once the economy rebounds and growth begins to recover Mr Sharpe informed the Board that CH2M Hill reviewed several water supply alternatives ; however , due to potential environmental impacts as well as the inability to meet the projected deficit in the future water capacity , ultimately the new withdrawal point on the lower Neuse River was selected as the best option for a future supply Mr Sharpe reviewed in detail with the Board the following points related to the findings of the Environmental Assessment • Direct Impacts Summary – Biggest Potential Issues • Flows in the Neuse River • Little River watershed • Rare , Threatened and Endangered RTE Species • Direct Impacts – Stream crossings 19 Temporary impacts – Wetlands 66 acres 51 acres temporary , 15 temporary permanent – Land use impacts minimal impact WTP site special use permit , transmission lines within power line & road right - of - ways – Floodplains – minimal impact – Threatened and Endangered Species – not likely to adversely affect letter of concurrence from the USFWS Raw water intake operational mitigation measures – Land Cover – minimal impact WTP site converted to forest - utility mix – Public Lands – no impact – Archaeological and Historic Resources – no impact – Air Quality – minimal impact – Noise levels – minimal impact – Introduction of Toxic Substances – minimal impact – Surface Water – minimal cumulative impact to the low flow character of the Neuse River • Raw water intake operational guidelines and quarry storage significantly minimize impacts to river flows available for downstream users and aquatic ecosystems • Secondary and Cumulative Impacts – Resource Areas of Concern surface waters , riparian buffers , wetlands , RTE species habitat , open space , floodplains , wildlife habitat Page4260 March 2 , 2009 – 10 00 am Continued – Mitigation Riparian buffer and floodplain ordinances , Zoning ordinance ESA & WSW , Stormwater ordinance , Open space requirements , Sanitary Sewer service area policy Mr Sharpe concluded the presentation by reporting CH2M Hill has been working with the appropriate State and Federal Agencies to obtain comments on the draft Environmental Assessment and will be reviewing those comments with staff in order to address any issues , if needed The final Environmental Assessment and Findings of No Significant Impacts report is forthcoming as well as a reclassification process for the new watershed due to the new water supply which will be included in the County’s zoning overlay Mr Sharpe offered to answer any questions by the Board or the audience Commissioner Jeffrey P Carver inquired as to the remaining life span of the existing active quarry Mr Sharpe responded the remaining life span will depend on the current economic situation and how fast growth rebounds ; however , it is anticipated that the existing quarry may be in operation until 2025 The Chairman asked if there were any others who wished to comment during the public hearing There being no further comments , the Chairman closed the public hearing 11 Mountains to Sea Trail Update Skip Browder , Clayton Planning Director , addressed the Board and stated there is a major commitment at the regional and State level to continue the Mountains to Sea Trail MST initiative He reported that Wake County and other areas west of Johnston County have moved ahead with their efforts on the program and it is now reaching Johnston County Mr Browder asked for the following people to stand in recognition of their work on the plan Berry Gray , Johnston County Planning Director Vic Lebsock , Senior Greenway Planner – City of Raleigh Kate Dixon , Executive Director – Friends of the Mountains to Sea Trail Darrell McBane , State Trails Program Manager – NC Division of Parks and Recreation Paul Embler , Town of Smithfield Chris Snow , Director of Parks , Recreation , and Open Space – Wake County Bev Norwood , Triangle Greenways Council Bill Flournoy , Triangle Greenways Council Bob Mosier , Planning Program Manager , NCDOT Division of Bicycle and Pedestrian Transportation Larry Bailey , Director of Parks and Recreation – Town of Clayton Darrell McBane , NC Division of Parks and Recreation , provided the Board with a brief overview of the MST effort He noted the initiative is a 1,000 mile partnership which will include governmental agencies as well as others organizations such as the Friends of the Mountains to Sea Trail Mr McBane informed the Board that since 1979 , significant progress has been made with an estimated 450 miles of the trail constructed ; however , there are still large gaps to be completed Mr McBane reported in 2004 , Johnston County was a partner in helping to fund the conceptual plan for the MST Mr McBane outlined some of the successes , as follows • The 323 Acre Riverwalk tract at Marks Creek and the Neuse River – acquired by the State • Land to be leased to the Town of Clayton for management • Represent a partnership effort to eventually link Wake County and the City of Raleigh’s Neuse River Greenway to the Town of Clayton , Triangle Land Conservancy and the Trust for Public Lands Mr McBane pointed out the proposed route on a map for the Board that would connect Wake County to Johnston County , and asked the Board to continue their support of the plan Kate Dixon , Executive Director for the Friends of the Mountains to Sea Trail , stated her organization is a non - profit agency that works statewide with main offices located in Raleigh , and volunteers all across the State of North Carolina Ms Dixon stated her group helps to promote and involve citizens in the planning and management of the trail She also reported that many of the volunteers help to construct the trail to keep costs down She noted that they work to raise funds for the effort as well as work with local landowners to help facilitate the trail corridor Ms Dixon introduced Norwood Thompson and Rob Bailey who have partnered withPage5261 March 2 , 2009 – 10 00 am Continued the MST by allowing the trail to continue along their Portofino residential development near Clayton Ms Dixon informed the Board that the Friends of the Mountains to Sea Trail are willing to work with the County on the initiative Vic Lebsock , Senior Greenway Planner for the City of Raleigh , reported the City of Raleigh first adopted a plan for their greenway system in the 1970 ’ s and have since updated the plan in 1996 to focus on the Neuse River , which is now known as the Neuse River Master Recreation Plan Mr Lebsock stated the master plan has been incorporated in the Neuse River Trail , a part of the MST He mentioned the partners in the effort , as follows • City of Raleigh • Wake County • Town of Wake Forest • Town of Knightdale • NCDOT Division of Bicycle & Pedestrian Transportation • NC State Park’s Recreation Trail Program • Other funding sources Mr Lebsock stated the Neuse River Trail consists of 28 miles from Falls Lake Dam to the Wake Johnston County line He noted approximately 30 remaining parcels are to be acquired and the estimated completion is expected in 2012 Mr Lebsock reported a consultant has been hired and the preliminary design is underway The next steps include executing interlocal agreements with the partners and identifying alternate funding sources Mr Browder stated Johnston County could use Wake County and the City of Raleigh as a model for continuing the plan Mr Browder stressed the importance of connecting to the trail and stated the Town of Clayton was instrumental in securing the 323 acre Riverwalk tract to serve as an open space resource for the entire County Mr Browder spoke on other efforts the Town of Clayton has undertaken to continue the greenway within their jurisdiction He stated with the help of the Triangle Greenways Council , the Town has secured grant funding from the North Carolina Division of Water Resources in the amount of 96,000 which enabled the Town to begin assembling easements for the MST as well as create a master plan for a 70 acre tract owned by the Town on the Neuse River that will be a part of the Trail Two other grants are pending to continue those efforts as well as begin construction Mr Browder stated the Town , with the help of the North Carolina DOT Division of Bicycle and Pedestrian Transportation , has received approval for a Transportation Improvement Plan for the Sam’s Branch Greenway which will connect to the MST Berry Gray , Johnston County Planning Director , pointed out the portion of the MST within the County’s jurisdiction on a map for the Board which includes the area beginning at Flowers Plantation near Clayton and following the north side of the Neuse River down to the Town of Selma’s jurisdiction Mr Gray stated the County’s portion of the trail would remain on the north side of the Neuse River with no river crossings He noted private trail systems on the map which have agreed to be a part of the effort Mr Gray stated these areas are a good starting point for the County’s portion of the trail in terms of reserving corridors He stated the area south of the Portofino Subdivision towards Smithfield , proposed to be a part of the trail , is primarily undeveloped and consist of larger tracts of land Paul Embler , Town of Smithfield , reported in 1994 , the Town began the Smithfield Community Park on 42 acres near the Smithfield - Selma High School ; however , the Park was only accessible by vehicle Mr Embler stated the Town realized the need to create a way for people to walk to the Park and began to work with the North Carolina Department of Transportation to devise a plan for the Buffalo Creek Greenway The Buffalo Creek Greenway was made possible by a grant from the Department of Transportation from the Transportation Improvement Plan in the amount of 900,000 to construct 254 miles of greenway The Town of Smithfield contributed 100,000 as a local match to the grant Mr Embler pointed out the location of the Buffalo Creek Greenway on a map for the Board Mr Embler stated that the Town had no funds for land acquisitions ; however , the property owners realized the value of the program and donated their land to the effort In 2004 the Town of Smithfield adopted the MST plan as the Town’s greenway master plan and in 2009 , it was incorporated in the Comprehensive Parks and Recreation Study The 254 mile Buffalo Creek Greenway construction contract should be awarded on March 3 , 2009 Mr Browder concluded the presentation by asking the Board of Commissioners to officially re - endorse the Mountains to Sea Trail Plan Page6262 March 2 , 2009 – 10 00 am Continued Chairman Wade M Stewart thanked the group for their efforts and noted it has been a tremendous undertaking Motion to Re - Endorse the Mountains to Sea Trail Plan Commissioner Allen L Mims , Jr commended the group for their work on the project and stated he believes everyone is beginning to realize the importance of the initiative Commissioner Mims moved the Board re - endorse the Mountains to Sea Trail Plan Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Board took a five minute recess 12 Public Utilities – Amendment to Harnett County Bulk Water Supply Agreement Tim Broome , PE , Director of Utilities and Engineering , informed the Board that in October 2006 , Johnston County and Harnett County entered an interlocal agreement for Johnston County to purchase a permanent water supply allocation of 20 mgd in an expansion to the Harnett County water treatment plant The purchase price is 4,000,000 or 200 per gpd Mr Broome reported Harnett County has available an additional 050 mgd of water capacity which may be purchased by Johnston County for 700,87500 He noted that USDA Rural Development has offered a low interest loan in the amount of 684,00000 for this purchase Mr Broome requested the Board of Commissioners to adopt a proposed Amendment No 1 to the October 2006 agreement for the sale by Harnett County and purchase by Johnston County of an additional 05 mgd for a total supply allocation of 250 mgd and that 16,87500 , the net amount above the USDA - RD loan for the purchase price , be appropriated from Fund 67 fund balance Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the Amendment No 1 and the appropriation of funds in the amount of 16,87500 from Fund 67 for the purchase NORTH CAROLINA FIRST AMENDMENT TO AGREEMENT COUNTY OF HARNETT This First Amendment to Agreement the “ First Amendment ” is made and entered into this the ____ day of March , 2009 , by and between the County of Harnett , a body politic organized and existing pursuant to the laws of the State of North Carolina hereinafter referred to as “ Harnett County ” and Johnston County , a body politic organized and existing pursuant to the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” W I T N E S S E T H WHEREAS , Harnett County operates and manages water supply and water distribution facilities and systems located within its boundaries , and has established a Department of Public Utilities for the purpose of operating and managing the facilities and systems ; and WHEREAS , Johnston County operates and manages water supply and water distribution facilities and systems located within its boundaries , and has established a Department of Public Utilities for the purpose of operating and managing the facilities and systems ; and WHEREAS , Harnett County and Johnston County entered into an Agreement dated October 18 , 2006 “ The Agreement ” whereby , among other things , a the allocation of capacity in the upgraded Harnett County Regional Water Treatment Facility , Harnett County pumping facilities , and Harnett County water transmission facilities ; b the purchase of potable water by Johnston County from Harnett County ; and c the costs of The Project including but not limited to legal , engineering , land acquisition , design , and construction costs and other related matters WHEREAS , The Agreement , Section II provides that Harnett County shall cause its water supply and transmission system to be upgraded , expanded and or enlarged so as to enable a quantity of water in the total amount of two millions 2,000,000 gallons per day to be transported in varying increments to varying points of delivery ; and WHEREAS , The Agreement , Section VII provides that Johnston County shall be allocated two million gallons per day 2 MGD in the upgraded Harnett County Regional Water Treatment Facility and that the capacity charge for the for the 2 MGD allocation is estimated not to exceed 4,000,00000 ; and WHEREAS , Johnston County has requested to purchase an increase in the allocation of capacity in the upgraded Harnett County Regional Water Treatment Facility , Harnett County pumping facilities , and Harnett County water transmission facilities from two million gallons per day 2 MGD to two million five hundred thousand gallons per day 25 MGD ; WHEREAS , Harnett County supports Johnston County’s request to purchase an increase in the allocation of capacity in the upgraded Harnett County Regional Water Treatment Facility , Harnett CountyPage7263 March 2 , 2009 – 10 00 am Continued pumping facilities , and Harnett County water transmission facilities from two million gallons per day 2 MGD to two million five hundred thousand gallons per day 25 MGD ; and WHEREAS , Harnett County and Johnston County desire to enter this First Amendment to Agreement set out their additional obligations in regard to Johnston County’s increase in the allocation of capacity in the upgraded Harnett County Regional Water Treatment Facility , Harnett County pumping facilities , and Harnett County water transmission facilities from two million gallons per day 2 MGD to two million five hundred thousand gallons per day 25 MGD and in regards to the payment of costs of said capacity allocation NOW THEREFORE , in consideration of the mutual benefits , representations , warranties , covenants and agreements contained herein , and for good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Parties agree as follows I Section II , Harnett County is to Design and Construct the Project , is hereby amended as follows A By striking the language contained in the first sentence of Section II stating “ two million 2,000,000 gallons per day ” and replacing said language with “ two million five hundred thousand 2,500,000 gallons per day ” B By striking the language contained in the third sentence of Section II stating “ The points of delivery shall include Earliest Date Avg Supply of Supply Location Allocation Availability a NC 27 0600 mgd Sept 2006 b Benson - Hardee Road 0200 mgd Jan 2007 c Aquilla