March 2, 2009 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 282 Meeting of the Johnston County Board of Commissioners March 2 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 2 , 2009 at 6 00 pm 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 , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Centenarian Day Proclamation - Johnston County – April 4 , 2009 Ms Lina Sanders Johnson , President of the Johnston County Retired School Personnel JCRSP , addressed the Board and requested the adoption of a Proclamation for Centenarian Day in Johnston County to be held on April 4 , 2009 Ms Johnson reported she along with other JCRSP members will be visiting with centenarians on April 4 , 2009 to celebrate the accomplishment of reaching 100 years of age and beyond Ms Johnson recognized the following members of the Executive Board for the JCRSP in the audience Hazel Sanders Fortence Wilkins Sybil Edwards Annie Laurie Lewis Erma McDougal Ms Johnson stated the Centenarian Day celebration is part of a commitment by the JCRSP to promote community involvement To date , Ms Johnson reported that she is aware of nine centenarians living in Johnston County , with one of those individuals being 107 years old Ms Johnson offered to answer any questions by the Board The Board thanked Ms Johnson and all the members of the JCRSP for their efforts within the County Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board adopted the following proclamation declaring April 4 , 2009 as Centenarian Day in Johnston County PROCLAMATION CENTENARIAN DAY – APRIL 4 , 2009 JOHNSTON COUNTY , NORTH CAROLINA WHEREAS , Johnston County wishes to recognize its senior citizens and the important role they serve in our society ; and WHEREAS , the continued involvement of our elders as integral members of society is vital in that they serve as the role models for the future of aging ; and WHEREAS , our senior population possesses a wealth of experience , talent , and wisdom along with a willingness to share with others ; and WHEREAS , the Johnston County Retired School Personnel Organization is sponsoring an event themed as “ Seniors , This is Your Day ” to honor all those who have reached 100 years of age and beyond as our living links to history NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim April 4 , 2009 , as “ Centenarian Day ” in Johnston County and urges all our citizens to commend its observance nd Proclaimed this the 2 day of March , 2009Page283 March 2 , 2009 – 6 00 pm Continued 2 Johnston County Draft Residential Subdivision Paving Assessment Program Policy Adopted Chairman Wade M Stewart reported staff had revised the draft Residential Subdivision Paving Assessment Program Policy , per the suggestions by the Board at the meeting earlier in the day Chairman Stewart asked if there were any questions on the revised draft Commissioner Cookie Pope moved the Board adopt the following Residential Subdivision Paving Assessment Program Policy Commissioner Tony Braswell seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Cookie Pope , DeVan Barbour , and Tony Braswell Nays Commissioner Jeffrey P Carver Johnston County Residential Subdivision Paving Assessment Program Purpose The creation and implementation of a Residential Subdivision Paving Assessment Program for Johnston County that will provide a means of assisting and financing improvements to subdivision and residential streets that will , as a result of the improvements , become a part of the State maintained highway system Paving Assessment Program Committee and Initial Procedures • The Paving Assessment Program Committee shall include the following individuals and meet on an as needed basis to review requests Johnston County Commissioner Johnston County Planning Director Johnston County Planning Board Member North Carolina Department of Transportation Representative Johnston County Tax Department Representative • The program is in accordance with Article IX of the North Carolina General Statutes § 153A and shall follow all requirements as set out in the Statute • Representatives from interested subdivisions shall provide a request , in writing , to the Committee • The Committee shall meet with subdivision representatives and analyze the request to determine if the subdivision is eligible to move forward with an estimate • The North Carolina Department of Transportation shall provide an estimate of cost to be presented to the Committee and subdivision representatives The subdivision representatives shall then provide a roster of all participating landowners back to the Committee acknowledging that the participants understand the estimate is _____ Notarized signatures of the participating residents will be required Information including the addresses and phone numbers of each participating resident will be required Note There shall be 75 participation established within the subdivision • After the estimate is agreed upon and the 75 percent rule is met and verified , each affected property owner shall receive notice of the proposed assessment to their tax bill and shall provide the Committee with a signed statement of understanding • The Committee shall provide notification to the subdivision representatives that their project is eligible to move forward and a recommendation will be made to the Johnston County Board of Commissioners for consideration to be added to the waiting list of approved projects Page284 March 2 , 2009 – 6 00 pm Continued • In accordance with Article IX of the North Carolina General Statutes § 153A the Johnston County Board of Commissioners shall then hold a public hearing to allow public comment on the request Following the public hearing , the Board may take action to determine if the project is approved or disapproved If approved , the project will be added to the waiting list to be paved when funding is available Program Criteria The Johnston County Board of Commissioners hereby sets the following criteria for the program • The amount of 75,000 per fiscal year shall be set aside for the paving assessment program by the County • The program shall be limited to the unincorporated areas of Johnston County • The participation rate from the landowners within the subdivision shall be set at 75 • A recorded plat of the road must exist , showing a minimum 50 ft dedicated public right - of - way for the entire length of the road to be improved The right - of - way must be cleared All utilities must be located at or behind the right - of - way exceptions may include water and wastewater lines • The North Carolina Department of Transportation will have requirements related to horizontal and vertical alignments as well as drainage calculation that must be met • The proposed road must connect to an existing paved State maintained road • The street shall meet a minimum housing requirement of two 2 homes per one - tenth of a mile , with a minimum of four 4 homes • The subdivision landowners shall agree to pay 10 of the total project cost upfront via certified funds • Once improvements have been completed , all residents should sign the petition SR - 1 form to have the North Carolina Department of Transportation accept the road into the State maintained system • Assessments to the landowners to repay the 90 remaining cost of the project within the subdivision shall be for a period of no more than five years Any portion of an assessment that is not paid , in accordance with the installment schedule as set out for the respective project , may result in acceleration of the payments , default , foreclosure , or other collection proceedings as may be appropriate Disclaimer By financing improvements under this program , Johnston County does not acquire or assume any responsibility for the streets involved and has no liability arising from the construction of such improvements or the maintenance of such streets Johnston County and the North Carolina Department of Transportation reserves the right to decline to participate for any reason if there is the possibility of environmental problems , etc 3 Public Hearing – Final Draft of the Comprehensive Plan – Advertised – The Smithfield Herald – February 18 and 25 , 2009 ; February 18 , 2009 – The Kenly News , The News In Review , The Princeton News Leader , The Clayton News Star , and The Wilson’s Mills News – February 19 , 2009 – The Selma News The Chairman opened the public hearing and called on Roger Waldon , Associate with Clarion Mr Waldon stated the draft Comprehensive Plan was reviewed in its entirety by the Planning Board on February 17 , 2009 The Planning Board recommended approval of the draft Comprehensive Plan Subsequent to the Planning Board’s recommendation for approval , additional citizen comments were received In response to those comments , Mr Waldon presented the following suggested additional language in a memorandum datedPage285 March 2 , 2009 – 6 00 pm Continued February 20 , 2009 Mr Waldon reviewed these points and suggested the Board consider incorporating them into the final draft Regarding Century Family Farms It has been suggested that recognition be included in the Comprehensive Plan of Century Farms and Century Farm Families These are major stakeholders in Johnston County and represent the rich and long culture that has existed here We recommend that the following language be added to the Comprehensive Plan SUGGESTED ADDITIONAL LANGUAGE Under Goal 7 Continue the Agricultural Tradition in Johnston County , add the following language at the end of the paragraph “ Johnston County takes particular pride in being home to numerous “ Century Farm Families , ” families who have owned or operated a farm in the county for 100 years or more Also , for Objective 7B , Support Local Agriculture , add the following language at the end of the paragraph “ Include references to Century Farm Families in information prepared about Johnston County , and seek opportunities to include Century Farms in Agri - tourism initiatives Page 20 in the 2 09 09 Draft Regarding Review of County Sewer Policy It has been suggested that the plan highlight the need to extend sewer to tracts within designated Primary Growth Areas We recommend that the following language be added to the Comprehensive Plan SUGGESTED ADDITIONAL LANGUAGE Under Objective 1A Encourage development within urbanized or urbanizing areas , add the following language at the end of the paragraph “ Seek opportunities and resources to allow extension of sewer lines to tracts within designated Primary Growth Areas ; periodically review the County’s sewer extension policy and initiatives to assure consistency with Comprehensive Plan objectives ” Pages 17 - 18 in the 2 09 09 Draft Regarding Reduction of Traffic Accidents It has been suggested that the frequency of traffic accidents warrants note and attention We recommend that the following language be added to the Comprehensive Plan SUGGESTED ADDITIONAL LANGUAGE Under Objective 12B Design Manual Upgrades , add the following language at the end of the paragraph ” Seek opportunities to enhance the safety of streets and roads in Johnston County through improvements such as re - timing signals , adding turn lanes , and access management ” Page 21 in the 2 09 09 Draft Regarding Impacts of Development It has been suggested that more attention is needed to the impacts on neighboring properties accompanying new development We recommend that the following language be added to the Comprehensive Plan SUGGESTED ADDITIONAL LANGUAGE Under Objective 2E Mitigate noise and visual pollution , add the following language at the end of the paragraph “ Adjust Design Manual and ordinance provisions such that visual , noise , and traffic impacts on neighboring properties can be identified as part of the development review process and mitigated through adjustments to design and or buffering ” Page 18 in the 2 09 09 Draft Mr Waldon offered to answer any questions At the inquiry of Commissioner Allen L Mims , Jr , Mr Waldon confirmed that the General Statutes require the County to consult with the Comprehensive Plan for rezoning requests Allyson Caison , 312 North Massey Street , Selma , asked if walkability or green planning was part of the Comprehensive Plan Mr Waldon responded that one of the underlying principles which helped to form the land use map was to keep the growth in a compact form rather than letting growth sprawl across the County Mr Waldon alsoPagePage pageNumber5286 March 2 , 2009 – 6 00 pm Continued mentioned two initiatives ongoing in the County , not related to the Comprehensive Plan , which are the Green Infrastructure Program and the Farmland Protection Plan that seeks additional ideas on how to preserve agriculture in Johnston County Commissioner Jeffrey P Carver pointed out that “ Enhancing Mobility ” is one of the seven themes in the Plan as well as sections concerning thoroughfare planning and developing a greenways and trails plan Commissioner Mims noted the Board voted to re - endorse the Mountains to Sea Trail plan at the 10 00 am meeting Brad Schulz , Johnston County Planning Board Member , stated the Planning Board reviewed the draft plan twice Mr Schulz commended everyone involved in the process and stated he felt it was an excellent example of teamwork Bruce Nichols , 1340 Little Creek Church Road , Clayton , expressed concerns with the sections in the plan regarding adequate public facilities and scenic vistas Mr Waldon explained that the language in the plan pertains to exploring the creation of a schools adequate public facilities ordinance Mr Waldon stated there are some communities that have an adequate public facilities ordinance which requires all public facilities such as water , wastewater , roads , schools , etc to be in place prior to the issuance of a building permit for a development Mr Waldon noted it is a complex ordinance in that it is not intended to deny development but only to delay development until the appropriate infrastructure is in place to accommodate it The ordinance also states that if the development is delayed until the infrastructure is available , a plan must be approved establishing when and how the utilities will be made available Mr Waldon stated Union , Orange , and Currituck Counties in North Carolina all have adequate public facilities ordinances for schools which are a useful tool for coordinating school construction planning with the development process Mr Waldon noted the Comprehensive Plan only suggests that the County consider exploring such an ordinance Upon a question from Commissioner DeVan Barbour , Mr Waldon stated if the County were to consider an adequate public facilities ordinance , a public hearing would be required and if approved , it would become a part of the Land Development Code ordinances In response to Mr Nichols comments on scenic vistas , Mr Waldon reported scenic vistas are present in Johnston County and are very important to the citizens Mr Waldon confirmed that most of the vistas are privately owned and the language in the Comprehensive Plan does not suggest that those vistas should be taken , but only to identify their locations and look at ways to preserve them Richard Bolyard , 405 Scotts Ridge Trail , Apex , thanked everyone for developing the Comprehensive Plan Mr Bolyard suggested the Board consider incorporating the additional points that Mr Waldon reviewed with the Board into the final draft There being no further comments , the Chairman closed the public hearing Johnston County Comprehensive Plan Adopted Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the Johnston County Comprehensive Plan with the additional language as outlined by Roger Waldon above and in a memorandum dated February 20 , 2009 to Planning Director Berry Gray from Clarion 4 NC Stop Torture Now Allyson Caison , 312 North Massey Street , Selma , recalled that at the February 2 , 2009 6 00 pm Board meeting , under Public Comment , NC Stop Torture Now requested the Board of Commissioners to direct the Johnston County Airport Authority to adopt a pledge aimed at preventing the use of the Johnston County Airport for extraordinary rendition as well as refer any allegations of crime to the appropriate law enforcement personnel for investigation Ms Caison stated the request is based on NC Stop Torture Now’s belief that Aero Contractors , which occupies hanger space at the Johnston County Airport , has been involved in helping to illegally kidnap and transport detainees to other countries to be tortured PagePage pageNumber6287 March 2 , 2009 – 6 00 pm Continued Ms Caison stated that kidnapping and torture are wrong and illegal and their organization believes strong evidence , dating back as late as January 24 , 2004 , exists which supports that Aero Contractors ’ personnel knew they were involved in kidnapping for torture related activities Ms Caison reported on the case of Binyam Mohamed , who she described , was released after seven years of CIA ordered detention and torture Ms Caison stated that Aero Contractors did not design the rendition program ; however , they believe Aero did engage in the conspiracy to deliver detainees for torture Ms Caison asked the Board to consider NC Stop Torture Now’s request for the adoption of the pledge and calling for an investigation She introduced Retired Army Major Floyd McGurk , a 15 year Army Veteran who served in the Vietnam War and has children currently serving in Iraq Retired Army Major Floyd McGurk , Greenville , South Carolina , spoke in support of the request by NC Stop Torture Now Mr McGurk stated torture has been punishable in the United States for 234 years and gave a brief history of United States military conflicts and banning the use of torture practices Mr McGurk read from e - mails written by officers in the United States military speaking against the use of torture Mr McGurk indicated that based on the e - mails , he does not believe torture is effective Mr McGurk stated torture is against the law , the Constitution , the Geneva Convention , and military regulations Mr McGurk informed the Board that he has two sons , a daughter - in - law , and a nephew currently serving multiple tours in Iraq Mr McGurk noted that he along with his family serving in Iraq do not believe in torture Walt Caison , 312 North Massey Street , Selma , stated he would like to go on record as stating he views the sending of airplanes to kidnap and transport people of color or Arab nationality to other counties to be tortured as a racist act Mr Caison stated the issue is originating in Johnston County and he spoke on his concerns of how Johnston County is viewed by others as well as the constitutional and legal issues associated with torture Chairman Wade M Stewart stated while he is unsure if the allegations by NC Stop Torture Now regarding past torture events are true , regarding the present , he has heard President Obama say that the United States does not torture Mr Caison responded that President Obama has stated the United States does not torture ; however , the President has not stated that the United States does not practice extraordinary rendition Mr Caison explained that because President Obama has not made extraordinary rendition illegal , companies such as Aero Contractors can continue to practice rendition flights and torture detainees in midair Chairman Stewart read from President Obama’s Executive Order Ensuring Lawful Interrogations dated January 22 , 2009 , which states , “ Consistent with the requirements of the Federal torture statute , 18 USC 2340 2340A , section 1003 of the Detainee Treatment Act of 2005 , 42 USC 2000dd , the Convention Against Torture , Common Article 3 , and other laws regulating the treatment and interrogation of individuals detained in any armed conflict , such persons shall in all circumstances be treated humanely and shall not be subjected to violence to life and person including murder of all kinds , mutilation , cruel treatment , and torture , nor to outrages upon personal dignity including humiliating and degrading treatment , whenever such individuals are in the custody or under the effective control of an officer , employee , or other agent of the United States Government or detained within a facility owned , operated , or controlled by a department or agency of the United States ” Chairman Stewart stated based on the Executive Order issued by President Obama , the United States does not condone such practices Chairman Stewart stated he was unsure as to what happened in the past ; however , it appears such practices are not presently ongoing He indicated that Johnston County Sheriff Steve Bizzell cannot be asked to investigate allegations of past activities Mr Caison stated the request by NC Stop Torture Now is to call for an investigation due to the fact that they have received no guarantee that extraordinary rendition practices have stopped Chairman Stewart stated it is his opinion that an issue of this magnitude should be taken to a higher level up in Washington He noted that the Board of Commissioners has many local issues such as water , sewer , and school construction that it must focus on for the citizens of Johnston County Commissioner Allen L Mims , Jr stated the Johnston County Board of Commissioners has no legal authority to conduct an investigation on the matter PagePage pageNumber7288 March 2 , 2009 – 6 00 pm Continued Mr Caison reiterated his request for the Board of Commissioners to ask the Sheriff of Johnston County to conduct an investigation Mr Caison expressed his personal beliefs that there is a “ good old boy ” cover up taking place Chairman Stewart expressed his disagreement and stated he was personally offended by Mr Caison’s accusations that the Board of Commissioners is involved in a cover up Charles Fager , 223 Hillside Avenue , Fayetteville , stated there is extensive and credible evidence that approximately 100 people rendered by airplanes operating from the Johnston County Airport have been tortured to death Mr Fager stated he would hope that if there is evidence available regarding murders committed in Johnston County , whether it is against those who are accessories before or after the fact that such evidence would not be passed aside Mr Fager stated Johnston County has a Sheriff , a District Attorney , and a Grand Jury that can investigate major crimes committed in the jurisdiction of Johnston County Mr Fager agreed that NC Stop Torture Now should take their concerns to a higher level of elected leadership and he noted that they have indeed taken their concerns to one of the area Congressmen Mr Fager reported there is an upcoming hearing in the United States Senate to consider undertaking an investigation along with a proposal by the United States House of Representatives for the same Mr Fager stated he believes there will be high level investigations regarding accountability for torture activities in the past and ultimately those investigations will come back to Johnston County Commissioner Tony Braswell asked Mr Fager if he had any personal knowledge of instances where people were kidnapped and murdered while being transported out of Johnston County Mr Fager stated he has followed the issue for approximately four years and a principal source of his information is a book titled The Dark Side by Reporter Jane Mayer , which is based on the interviews of those directly involved Mr Fager also referenced reports by Mr Dick Marty who is the equivalent of a United States Senator in the Switzerland Government that indicate rendition flights have occurred from the Johnston County Airport Mr Fager stated the reports by Mr Marty are the result of investigations requested by The Council of Europe , an officially sponsored human rights organization in Europe Mr Fager stated the sources for his information are highly credible such as The New York Times and The Washington Post At the inquiry of Commissioner Braswell , Mr Fager clarified that no one has been kidnapped out of Johnston County He stated Aero Contractors flies out of Johnston County to other locations to pick up “ snatch teams ” and fly them to other destinations in order to kidnap people Retired Army Major Floyd McGurk addressed the Board again and stated he would like to clarify that most Americans realize that the CIA needs aviation resources for covert operations and he is not against the CIA ; however , he believes the CIA has overstepped their bounds with torture practices Christina Cowger , 1021 Gardner Street , Raleigh , stated NC Stop Torture Now has two requests , 1 that the Board of Commissioners direct the Airport Authority to adopt a pledge that no further rendition flights will occur , and 2 to refer any allegations of crime to the appropriate law enforcement personnel for investigation Ms Cowger reported that one of the individuals involved in a January 23 , 2004 torture related incident is a Johnston County resident that continues to work for Aero Contractors to date Ms Cowger stated there are credible allegations that should be forwarded to law enforcement for investigation , and if not the Johnston County Sheriff , then other appropriate law enforcement agencies Ms Cowger asked the Board for an answer to the requests Chairman Stewart stated , speaking for himself , it is evident that NC Stop Torture Now has extremely strong convictions regarding torture and rendition flights Chairman Stewart noted he has just as strong convictions in other areas such as child abuse , and he would like to do everything possible to eradicate child abuse ; therefore , he can understand the strength of NC Stop Torture Now’s convictions Chairman Stewart stated that he did not believe anyone present condones torture ; however , he is not convinced that some forms of interrogation , such as water boarding , are not effective Commissioner Mims asked if Timothy Hodges , President of the Johnston County NAACP was present Commissioner Mims expressed concerns over allegations that Mr Hodges ’ comments may have been cut short at the February 2 , 2009 meeting and he wanted to take the opportunity to let him speak It was determined that Mr Hodges was not in attendance PagePage pageNumber8289 March 2 , 2009 – 6 00 pm Continued Ms Cowger stated that regardless of personal opinions relating to torture , the task before the Board of Commissioners as public officials , is to enforce the law and it is the Board’s duty to refer allegations of criminal activity to the appropriate law enforcement personnel Duane Poole , 3933 Barber Mill Road , Clayton , stated he has no evidence ; however , he is against torture Mr Poole shared personal experiences with the Board concerning the beating of a prisoner at a prison camp near his home , outside of Johnston County , that he witnessed when he was young Mr Poole also shared with the Board stories of two occasions he experienced when he traveled abroad and was falsely detained Mr Poole stated because he was at the wrong place at the wrong time and has been detained , he can understand how these situations can and do occur Roger Ehrlich , 406 Kent Drive , Cary , stated one of the requests being made by NC Stop Torture Now is for the Board of Commissioners to call for the investigation of wrongdoings by Aero Contractors Mr Ehrlich stated he attended the meeting on behalf of his late father who served in the United States Army Mr Ehrlich shared a personal story with the Board regarding his grandfather being subjected to torture in 1938 in Vienna Austria Mr Ehrlich stated he believed the request to call for an investigation is under the jurisdiction of the Board of Commissioners and he hoped the Board would act on the request Commissioner Braswell asked Mr Ehrlich if he had any direct knowledge of the alleged activities of Aero Contractors in Johnston County Mr Ehrlich stated he is not an eyewitness nor did he have personal knowledge of the alleged activities of Aero Contractors ; however , he stated there is ample documentation available Mr Ehrlich reiterated the request to call for an investigation by law enforcement representatives Katie Parker , 1013 Remington Drive , Clayton , and Legal Director for the American Civil Liberties Union , informed the Board that she attended the meeting due to a complaint that she received resulting from the February 2 , 2009 6 00 pm meeting that someone was not allowed to speak during Public Comment Ms Parker commented that she was pleased everyone was being allowed to speak this evening nd Chairman Stewart noted that at the February 2 meeting , the Board had to limit the speakers under Public Comment due to time constraints Ms Parker stated she is the wife of an active duty Marine that has served in Iraq and will mostly like go to Afghanistan soon Ms Parker stated the real point is that regardless of what the rest of the world does , the United States is better than taking part in torture activities Ms Parker stated she would like to see Johnston County get in front of the issue and call for an investigation Commissioner Braswell stated that the Board cannot call for investigations based on innuendos or misrepresentations Commissioner Braswell reiterated Chairman Stewart’s comments that the Board of Commissioners must work to provide schools and safe environments for the citizens of Johnston County Commissioner Braswell asked why the representatives from NC Stop Torture Now were not taking their issue to Washington Ms Parker stated there is no harm in calling for an investigation Commissioner Braswell pointed out that he has asked if anyone present had any personal knowledge of the allegations and each time the response has been that the allegations are based on research or what has been written Commissioner Mims noted his concerns with asking the Sheriff to investigate allegations based on articles and books as well as with taking taxpayer dollars to send the Sheriff overseas to investigate the alleged activities Commissioner Mims also expressed his concerns with comments made that have indicated the Board of Commissioners are to be considered racists Commissioner Mims stated the Board of Commissioners has no legal authority to investigate activities in other countries ; however , the Federal Government does Allyson Caison reiterated the request to call for an investigation Commissioner Jeffrey P Carver pointed out that the Executive Order by President Obama clearly covers the CIA Commissioner Carver stated the Constitution allows for free speech , but NC Stop Torture Now has not presented a case to him to prove that Aero Contractors or anyone is guilty and the United States is based on innocent until proven guilty Commissioner Carver reiterated that the Board of Commissioners is responsiblePagePage pageNumber9290 March 2 , 2009 – 6 00 pm Continued for the 160,000 Johnston County residents for water , sewer , and safety Commissioner Carver stated until he can be presented with someone who was allegedly taken on one of the rendition flights , he must concentrate on the citizens in Johnston County Chairman Stewart stated he would contact Congressman Bob Etheridge and express the concerns by NC Stop Torture Now to call for an investigation County Attorney Mark Payne advised that the issue is strictly within the Federal Government’s jurisdiction He explained that in North Carolina , counties have only those authorities that are specifically granted to them in the General Statutes The Airport Authority is a separate legal entity , which is a creation of County and State Government and only has those authorities granted by the Statute that creates an Airport Authority The Statute that created the Airport Authority does not allow it to conduct investigations or to ban airplanes that they feel may be suspicious of illegal activity in the past Mr Payne stated the Board of Commissioners does not have the legal authority to direct the Johnston County Sheriff’s Office on where and what to investigate He also stated that the Sheriff’s Office has no legal authority to investigate activities covered under Federal Statutes nor does the Johnston County District Attorney have the legal authority to prosecute a violation under Federal Statutes Mr Payne noted that several counties and towns in North Carolina have taken political stands on issues outside of their authority ; however , to his knowledge , that is not something the Johnston County Board of Commissioners has ever done Mr Payne reiterated that the Johnston County Board of Commissioners does not have the legal authority to act on the requests presented to them by NC Stop Torture Now , as it belongs with the Federal Government Mr Payne reported that some of the activities regarding the rendition and torture of detainees took place during President Bush’s administration and had some legal authority under Executive Orders issued by President Bush However , the current presidential administration has issued executive orders revoking such legal authority Mr Payne read from the Executive Order Ensuring Lawful Interrogations issued by President Obama on January 22 , 2009 , as follows “ Executive Order 13440 of July 20 , 2007 is revoked All executive directives , orders , and regulations inconsistent with this order , including but not limited to those issued to or by the Central Intelligence Agency CIA from September 11 , 2001 , to January 20 , 2009 , concerning detention or the interrogation of detained individuals , are revoked to the extent of their inconsistency with this order ” Mr Payne reiterated that the Board of Commissions can make a statement as to whether torture is good or bad , but have no legal authority to take any action on the requests by NC Stop Torture Now Josh Macintyre , Gaston Street , Raleigh , stated NC Stop Torture Now is not asking the Board of Commissioners to take a political stand , they are asking for the Board to call for an investigation of Aero Contractors Mr Payne responded that based on the presentation by NC Stop Torture Now , the requests fall within the Federal Government’s jurisdiction and not the Board of County Commissioners Christina Cowger addressed the Board again and stated the executive order issued by President Obama does not apply to extraordinary rendition Charles Fager came forward and asked Chairman Stewart to restate his remarks about contacting Congressman Etheridge regarding the request by NC Stop Torture Now Chairman Stewart explained that he speaks with Congressman Etheridge often and he would bring the matter to the Congressman’s attention , indicating the concerns of NC Stop Torture Now Chairman Stewart asked if any Board member wished to make a motion on the requests by NC Stop Torture Now There being no motion , Chairman Stewart declared the discussion closed 5 Manager Reports and Comments None 6 Board Reports and Comments The Board briefly discussed proposed State budget actions that are under consideration by Governor Beverly Perdue Page0291 March 2 , 2009 – 6 00 pm Continued Commissioner Allen L Mims , Jr noted that the County had received notice that Governor Beverly Perdue is considering taking all the North Carolina counties next quarterly distribution of Education Lottery proceeds to help balance the State’s budget due to the shortfall in revenue Commissioner Mims stated the County uses the lottery proceeds to cover debt service The potential loss for Johnston County could total approximately 900,000 the next anticipated quarterly distribution Commissioner Mims also noted that the Governor is considering withholding Average Daily Membership funding that is used by Johnston County Schools for education related capital improvements County Manager Rick Hester reminded everyone that if the Education Lottery distributions are taken from the County , it would have a significant impact on the County’s financial model As discussed at the 10 00 am meeting , it was the consensus of the Board to send a letter to the Governor and the Legislative Delegation opposing the use of the Education Lottery Proceeds and the ADM Funds to balance the State’s budget There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The meeting adjourned at 8 20 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage