June 1, 2009 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 377 Meeting of the Johnston County Board of Commissioners June 1 , 2009 10 00 am The Johnston County Board of Commissioners met in regular session Monday , June 1 , 2009 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None 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 W Ray Woodall opened the meeting with a prayer Commissioner DeVan Barbour led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Chairman Wade M Stewart noted that Item D under the Consent Agenda Items has been revised by staff County Attorney Mark Payne reported that upon further research , staff had revised the draft resolution of appointment for the Map Review Officers to remove the classification of “ Deputy ” Map Review Officer He asked the Board to approve the request , as amended Upon a motion by Commissioner Allen L Mims Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the consent agenda items as follows with Item D , as amended per staff’s recommendation A Approval of Minutes – May 4 , 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 Dunmore Drive , Shelburne Drive , Bleeker Drive , Chestertown Court , Windham Way , and Covington Court – Taft Woods West Subdivision formerly Taft Hollow Sections 1 , 2 , & 3 – Wilders Township Tafton Drive , Annali Way , Barrette Lane and Royce Court – Tafton Subdivision Phase Two , Three and Four – Wilders Township C Call for Public Hearing – Public Utilities – 10 Year Solid Waste Plan The Board scheduled a public hearing for the July 6 , 2009 10 00 am meeting to receive public comments on updates to the 10 Year Solid Waste Plan D Appointments of Map Review Officers At the request of Kay Hatch , Customer Service Director , the Board took the following actions Page378 June 1 , 2009 – 10 00 am Continued 1 Adopted the following resolution appointing Stephanie Clifton as Chief Map Review Officer and Joni Sanderford and Heather Gerrell as Map Review Officers for Johnston County ; 2 Removed Tammy Blackmon and Tommy Clifton as well as any other prior Map Review Officers from the approved list , effective immediately 3 Removed Kay Hatch as a Map Review Officer effective July 1 , 2009 Johnston County Board of Commissioners RESOLUTION OF APPOINTMENT th WHEREAS , NC Senate Bill 875 , ratified the 8 day of July , 1997 , revised Article 2 of Chapter 47 of the NC General Statutes by adding section 47 - 302 to require the Board of Commissioners of each county to designate by name one or more persons as a Review Officer to review each map and plat required to be submitted for review before recordation by the Register of Deeds ; and WHEREAS , the Johnston County Board of Commissioners has reviewed the requirements for this position and discussed the qualifications needed to perform this duty NOW , THEREFORE , the Johnston County Board of Commissioners does hereby appoint Stephanie B Clifton of the Johnston County Planning Department as the Chief Johnston County Map and Plat Review Officer ; and further appoints Joni R Sanderford of the Johnston County Planning Department and Heather Gerrell of the Johnston County Inspections Department as Johnston County Map and Plat Review Officers st Adopted this the 1 day of June , 2009 E Tax Releases & Refunds – 04 16 2009 – 05 15 2009 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2008 0903 - 902330 0812 - 011338 TABERNACLE OF THE CONGREGATION Release 13500 2008 0812 - 861477 0809 - 970146 MEADOWS , OMRIE ROBERT Release 12050 2007 0806 - 782995 0803 - 889870 MORATH , TANNER PAUL Release 11793 2008 0901 - 871285 0810 - 989007 MORRIS , WAYNE ROBERT Overpayment 11345 2008 0812 - 863582 0809 - 977734 BURTON , JR , WILLIAM ROBERT Overpayment 13419 2008 0903 - 901887 0812 - 013409 LARRY M BARBOUR TRUCKING CO INC Release 73794 2007 0806 - 776320 0803 - 885955 CLIFTON , TRINITY DANIEL Overpayment 11119 2006 0705 - 618358 0702 - 686667 BARESE , TINA MARIE Overpayment 16058 2008 0811 - 846239 0808 - 955682 BARTELL , MARY THECLA Overpayment 26524 2008 0811 - 856141 0808 - 960370 ROUSE , III , HAROLD Overpayment 16305 2008 0809 - 822689 0806 - 929944 GRIFFIN , THOMAS MICHAEL Overpayment 13404 2008 0808 - 814423 0805 - 920048 SANDERS , III , WILLIAM RODGERS Overpayment 14328 2008 0810 - 839349 0807 - 939231 DAVIS , ROGER MICHAEL Overpayment 10388 2008 0810 - 834512 0807 - 946108 SANDERS , MARCUS KEITH Overpayment 12613 2008 0811 - 847737 0808 - 963292 MAYES , SELENA ROYAL Overpayment 25429 2008 0809 - 829697 0806 - 926254 CLARK , DEBRA SUZANNE Overpayment 12593 2008 0811 - 847582 0808 - 957518 LEATHERS , CLARA MILLER Overpayment 13889 2008 0811 - 848881 0808 - 960185 WOODARD , RODNEY KENT Overpayment 11269 2008 0904 - 910361 0901 - 021517 STANTON , TESSA ANNE Release 12270 2008 0903 - 894282 0812 - 011893 WILLIAMS , LAWANDA ANNETTE Release 12423 2008 0808 - 814902 0805 - 913227 BATCHELOR , MONIQUE LINDA Overpayment 27389 2008 0903 - 896523 0812 - 009938 WESTERN CEDAR ROOFS INC Release 17009 2008 0903 - 900774 0812 - 008963 MITCHELL , PAUL JUNIOR Tag Surrender 11346 2008 0903 - 894597 0812 - 007237 BROWN , EDMOND KEITH Release 12063 2008 0807 - 792026 0804 - 902821 GERAGHTY , KERRY ANN Tag Surrender 13565 2008 0903 - 894085 0812 - 005210 POPE , JAMES WILLIAM Release 14824 2008 0810 - 836270 0807 - 938625 BARRETT , TODD FRANCIS Overpayment 21882 2008 0904 - 910083 0901 - 016872 JONES , BRYAN DEXTER Release 13520 2008 0812 - 866641 0809 - 975965 TOOVEY , PATRICK GEORGE Release 69149 2008 0904 - 904789 0901 - 018581 LEE TECHNOLOGIES INC Overpayment 11397 2008 0812 - 863582 0809 - 977734 BURTON , JR , WILLIAM ROBERT Overpayment 13419 2008 0811 - 851080 0808 - 953986 WOKASCH , BRADLEY BRYAN Overpayment 11542 2008 0904 - 911959 0901 - 026731 BRADY , RICKY PARRISH Release 34383 2000 0008 - 734074 0006 - 965768 TATE , SR , HARRY LEE Release 13844 2008 0903 - 899843 0812 - 011832 BIZZELL , JANICE MORGAN Release 17953 2008 0904 - 911392 0901 - 024384 BIZZELL , JANICE MORGAN Release 17953 2008 0904 - 914841 0901 - 023339 COWICK , KENTON RAY Release 10078 2008 0903 - 901782 0812 - 012640 JERRY G WILLIAMS & SONS INC Tag Surrender 14832 2008 0901 - 881980 0810 - 990498 TRIANGLE FREIGHT SYSTEMS INC Release 34479 2008 0902 - 888304 0811 - 994656 CHILDERS , SUSAN NICHOLE Overpayment 40761 1998 9905 - 560285 9901 - 752242 RUDYS LAWN & LANDSCAPE SERVICE Release 20023 Page379 June 1 , 2009 – 10 00 am Continued 2008 0811 - 845347 0808 - 962579 HUNNICUTT , CHRISTOPHER LLOYD Overpayment 23750 2008 0811 - 853660 0808 - 962013 BARAHONA , HENA FIALLOS Overpayment 12787 2008 0811 - 856641 0808 - 956371 FLORES , CRISTINO Overpayment 10767 2008 0809 - 822933 0806 - 932623 MITCHELL , TIMOTHY WAYNE Overpayment 14927 2008 0903 - 899183 0812 - 013203 HINNANT , JR , CHESTER Overpayment 52365 2008 0808 - 808546 0805 - 916139 DCFS TRUST Tag Surrender 12094 2007 0804 - 762817 0801 - 839234 DCFS TRUST Tag Surrender 11325 2008 0809 - 827448 0806 - 932221 DCFS TRUST Tag Surrender 12839 2007 0804 - 762818 0801 - 839312 DCFS TRUST Tag Surrender 11875 2007 0806 - 789480 0803 - 886165 DCFS TRUST Tag Surrender 15672 2008 0807 - 802647 0804 - 900475 DCFS TRUST Tag Surrender 10325 2008 0904 - 906499 0901 - 018252 JONES , MICHAEL LEON Release 10451 2008 0904 - 903851 0901 - 025256 MILES , DANIELLE HINNANT Release 16229 2008 0903 - 903520 0812 - 013332 FORSYTHE , WILLIAM WAYNE Release 29808 2008 0904 - 913316 0901 - 020981 DENNING , TONI MICHELLE DRAKE Release 26325 2008 0810 - 832928 0807 - 947538 DIEFFENBACH , RONALD WAYNE Overpayment 15508 2008 0904 - 909127 0901 - 024895 HEMBY , JR , WILBUR SPEAR Release 13647 2008 0810 - 843935 0807 - 945280 ELLISON , BLANCHE ROSE Release 14977 2008 0811 - 846982 0808 - 953863 FLICK , MATTHEW ALAN Overpayment 12725 2008 0903 - 898041 0812 - 012155 PEARCE , ELEANOR KAYE SULLIVAN Release 24299 1999 0006 - 707738 0004 - 943862 PETIT , REBECCA TOLER Overpayment 13137 2008 0904 - 909252 0901 - 021772 LINTON , RON FRANKLIN Release 18199 2008 0904 - 915623 0901 - 022712 SUNRISE ASSURANCE SERVICES INC Release 21762 2008 0812 - 869727 0809 - 978748 ANNIS , KEVIN MICHAEL Overpayment 16592 2008 0808 - 804715 0805 - 919558 BURTON , LYNN BROWN Overpayment 13816 2007 0804 - 759037 0801 - 833860 JOHNSON , CHARLES FRANKLIN Overpayment 10836 2008 0808 - 812306 0805 - 917324 JONES , JR , LARRY WAYNE Overpayment 49325 2008 0812 - 868977 0809 - 978245 PERRY , MAUREEN SHEAF Overpayment 12811 2008 0807 - 793159 0804 - 899127 POWERS , CONNIE FRANCES Overpayment 10699 2008 0812 - 870123 0809 - 975640 VANBECK , PATRICK LLOYD Overpayment 14462 2007 0805 - 768283 0802 - 874542 DEMMA , III , JACK FRANK Overpayment 41262 2008 0811 - 850713 0808 - 964505 OEY , DEAN ALEXANDER Overpayment 10728 2008 0809 - 823652 0806 - 927551 GATES , MICHAEL CHARLES Overpayment 14570 2008 0811 - 851795 0808 - 964296 MORGAN , JOHN CHRISTAPHA Overpayment 22914 2008 0810 - 836770 0807 - 947193 MARTIN , TIMOTHY DWANE Overpayment 10887 2008 0812 - 864210 0809 - 975925 SABUCCO , NYOKA PENLEY Overpayment 20227 2008 0811 - 848006 0808 - 964831 PARKER , WILLIAM GLENN Overpayment 15400 2008 0810 - 836940 0807 - 940905 RAYNOR , DAVID GARFIELD Overpayment 12867 2008 0810 - 842943 0807 - 940605 MOONEYHAM , RICKEY PERRY Overpayment 10420 2008 0812 - 861755 0809 - 978155 PITTMAN , CHERYLL EASON Overpayment 11729 2007 0805 - 769843 0802 - 873107 DAVIS , ASHLEY KIERRA Overpayment 23869 2008 0811 - 856500 0808 - 955012 WRIGHT , LINDA DAVIS Overpayment 13625 2007 0804 - 757751 0801 - 833921 BOONE , ROGER Overpayment 11220 2007 0806 - 779724 0803 - 888229 SANEZ , BENJAMIN GONZALES Overpayment 10701 2008 0904 - 915739 0901 - 024947 BURTON , JR , JOHN WILLIAM Release 12785 2008 0902 - 887526 0811 - 999644 BARNES , MARY BETH Overpayment 23238 2008 0902 - 885958 0811 - 001150 BLACKMON , JOHNNY MACK Release 13662 2008 0810 - 835224 0807 - 946554 ALLEN , ALICE JANE Overpayment 26942 2008 0810 - 835224 0807 - 946554 ALLEN , ALICE JANE Void Refund 26942 2008 0905 - 927784 0902 - 038027 MCGEE , ANGELA JORDAN Release 10144 2008 0905 - 921174 0902 - 029876 HACKNEY , JR , CHARLES LEON Release 12276 2008 0905 - 918601 0902 - 031472 HOUSE , JOHN MICHAEL Release 15099 2008 0811 - 851601 0808 - 961705 HOUDE , ANITA JEAN Overpayment 10612 2008 0901 - 881673 0810 - 987467 INERGY PROPANE LLC Overpayment 52855 2008 0809 - 824408 0806 - 931901 CROCKER , TRACY WAYNE Overpayment 10364 2008 0901 - 881673 0810 - 987467 INERGY PROPANE LLC Void Refund 52855 2008 0901 - 881673 0810 - 987467 INERGY PROPANE LLC Overpayment 52855 2008 0905 - 921340 0902 - 030230 COATS , TRACY LEE Release 12644 2008 0905 - 922124 0902 - 039786 THE NEUSE TERMITE & PEST CONTROL Release 13911 2008 0904 - 909745 0901 - 018660 VERNON HATHAWAY , ELSIE GREENE Release 10229 2008 0902 - 888204 0811 - 001132 WELCH PLUMBING CO Overpayment 11102 2008 0905 - 919417 0902 - 038885 PRZYWARA , SR , JOSEPH CHARLES Release 14102 2008 0905 - 918246 0902 - 036058 FERRELL , JONATHAN EDWARD Release 11934 2008 0904 - 908908 0901 - 020442 BYRD , CARRIE BOYD Release 10990 2008 0905 - 920946 0902 - 040119 RAYNOR , VICKIE ANN Release 12388 2008 0905 - 927002 0902 - 030853 STS Release 12218 Page380 June 1 , 2009 – 10 00 am Continued 2008 0905 - 927325 0902 - 039784 HINTON , MICHAEL JACKSON Release 11644 2008 0904 - 906029 0901 - 022741 FAUCETTE , RHONDA ELLIS Release 16629 2008 0905 - 916492 0902 - 036564 BROKAW , SR , ELZA VAN Release 16596 2008 0810 - 842121 0807 - 949364 OGBURN , JASPER VICTOR Release 29603 2008 0810 - 842122 0807 - 950009 OGBURN , JASPER VICTOR Release 65253 2008 0812 - 864525 0809 - 975273 AMERICAN OVERHEAD DOOR Overpayment 16750 Real Personal Property Releases 4 17 2009 15 17 11 ASHLEY 2009 - 200304 2000146596 RIOS , REYNA MORALES 72750 4 17 2009 15 20 49 ASHLEY 2009 - 200305 2000146596 RIOS , REYNA MORALES 68203 4 17 2009 15 43 04 ASHLEY 2009 - 200306 2000146596 RIOS , REYNA MORALES 65517 4 17 2009 15 44 51 ASHLEY 2009 - 200307 2000146596 RIOS , REYNA MORALES 60837 4 17 2009 15 50 15 ASHLEY 2009 - 200308 2000146596 RIOS , REYNA MORALES 56158 4 21 2009 16 11 30 ASHLEY 2008 - 019324 2000132012 CRAWFORD , MATTHEW T A 57520 4 24 2009 16 30 16 ASHLEY 2008 - 015683 2000128789 CASTRO , ARACELI 10582 4 24 2009 16 33 21 ASHLEY 2007 - 095017 2000128789 CASTRO , ARACELI 12663 4 28 2009 13 45 41 ASHLEY 2008 - 030422 2000101229 GAUMER , JASMIN MARIE 11363 4 29 2009 8 12 52 ASHLEY 2008 - 501077 2000143170 CRUZ , MANUEL & GAIL 37010 4 29 2009 12 08 16 SHEILA 2008 - 002944 2000054190 ASHLEY TURNER ENTERPRISES 52148 4 29 2009 12 57 57 CATHY 2008 - 079604 2000064520 STARLING , DONALD R JR 59935 5 4 2009 14 36 08 SHEILA 2008 - 028150 2000113812 FINCH , VERNA GRAY LIFE EST 38820 5 4 2009 15 37 53 SHEILA 2007 - 060551 2000111204 OBM PROPERTIES LLC 1,82047 5 4 2009 15 39 29 SHEILA 2008 - 086355 2000133521 VILLAGE ON THE NEUSE TOWN 1,81947 5 5 2009 16 31 47 SHEILA 2009 - 200300 2000088087 SON LAN DEVELOPMENT CO 1,10931 5 5 2009 16 40 17 SHEILA 2009 - 200301 2000120149 TURRONE , NATALIE ENNIS 1,10931 5 5 2009 16 43 13 SHEILA 2009 - 200302 2000120149 TURRONE , NATALIE ENNIS 1,10931 5 5 2009 16 46 06 SHEILA 2009 - 200303 2000120149 TURRONE , NATALIE ENNIS 1,11591 5 12 2009 14 26 30 ASHLEY 2008 - 060379 2000140141 DUPREE , STEHANIE ANN 19292 5 13 2009 11 45 23 ASHLEY 2008 - 016360 2000040855 CHESTNUT , DEBORAH LYNN 31286 5 15 2009 10 04 47 ASHLEY 2008 - 056041 58643115 MCKINNEY , HARLEY DAWAYNE 47275 5 15 2009 10 08 15 ASHLEY 2005 - 051275 58643115 MCKINNEY , HARLEY DAWAYNE 42977 5 15 2009 10 10 25 ASHLEY 2007 - 054374 58643115 MCKINNEY , HARLEY DAWAYNE 47275 5 15 2009 10 39 08 ASHLEY 2006 - 052935 58643115 MCKINNEY , HARLEY DAWAYNE 47275 Real Personal Property Refunds 4 16 2009 10 17 06 338 ALLISON 2008 - 084640 88942020 TOMLINSON , CHARLES E 46288 4 21 2009 10 36 15 319 JACKIE 2008 - 019566 2000126879 CREECH , DOUGLAS H 23849 4 21 2009 15 57 38 338 ALLISON 2009 - 200240 2000073628 LOWES FOOD STORES INC 49811 4 28 2009 15 36 05 189 TERI 2008 - 012266 2000126250 BROWN , WILLIE RAYMOND 29981 4 29 2009 10 03 38 189 TERI 2008 - 041191 2000045002 JACOBS , JOHN W 29483 4 29 2009 12 59 24 121 CATHY 2008 - 079604 2000064520 STARLING , DONALD R JR 61583 5 1 2009 12 20 55 121 CATHY 2008 - 010981 2000033195 BRASWELL , RICHARD D 89650 5 4 2009 9 13 27 189 TERI 2008 - 030975 2000062095 GILCHRIST , CLARICE & 21447 5 4 2009 9 14 36 189 TERI 2008 - 030975 2000062095 GILCHRIST , CLARICE & 31573 5 4 2009 9 49 40 189 TERI 2008 - 008447 2000129785 BEST , RODNEY WAYNE 53314 5 7 2009 10 28 51 319 JACKIE 2008 - 047223 2000090571 KLAASMEYER , D BRIAN 27465 5 7 2009 10 29 40 319 JACKIE 2008 - 047222 2000090571 KLAASMEYER , D BRIAN 4,45832 5 11 2009 11 22 59 189 TERI 2008 - 083699 2000076892 THOMPSON , BRIAN 14205 5 12 2009 14 34 06 121 CATHY 2007 - 096249 2000132820 SALAS , ORLANDO JOSE 11419 May 20 , 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 4 16 09 to 5 15 09 Tax refunds - Personal Real Property 36143 Tax releases - Personal Real Property 35705 Motor Vehicle releases refunds 9,01031 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer J Chad McLamb 3 Public Comments A Kay Hatch – Resolution of Appreciation Chairman Wade M Stewart noted that Kay Hatch , Customer Service Manager and Map Review Officer for the Land Use Center , would be retiring very soon and he read a Resolution of Appreciation for her years of service to Johnston County PagePage pageNumber5381 June 1 , 2009 – 10 00 am Continued Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following Resolution of Appreciation Resolution of Appreciation WHEREAS , Kay B Hatch has been a vital part of Johnston County Government , serving in the Planning Department from 1989 to 1993 , the Geographic Information Services Department from 1993 to 2002 and as the Customer Service Manager and Map Review Officer for the Land Use Center from 2002 until her retirement in June 2009 ; and WHEREAS , the performance of her duties and responsibilities were always characterized by an obvious efficiency and dedication to the citizens of Johnston County ; and WHEREAS , Ms Hatch has gained the respect and admiration of all who have known her and worked with her over the years ; and WHEREAS , Ms Hatch will be missed both professionally and as a friend NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS does hereby extend this Resolution of Appreciation to Kay B Hatch , recognizing her years of exemplary service and contributions to the citizens of Johnston County , and offer to her and her family the very best wishes for the future st Adopted this the 1 day of June , 2009 The Board informed Ms Hatch that she would be missed and wished her well B Recognition of EMS Award Recipients Scott Blecke and Chris Perry of the Johnston County Emergency Services Department recognized the various recipients of awards as follows that were presented at the EMS Banquet , sponsored by Johnston Health , on May 21 , 2009 Mr Perry wanted to especially honor the Archer Lodge Volunteer Fire Department for receiving the Hero’s Award - Education Award Ellen McFarland , EMS Captain - Clayton Area EMS - Dedicated Service Award Patrick Cogdell , EMS Captain - Johnston County EMS - Community Service Award Jason Thompson , Operations Chief - Clayton Area EMS - Excellence Award Josh Holloman , Training Chief - Johnston County EMS - Excellence Award Travis Scott , EMS Captain - Johnston County EMS - Pioneer Award Randy Lassiter , EMS Captain - Smithfield EMS - Hero’s Award Archer Lodge Volunteer Fire Department Commissioner W Ray Woodall noted through his past health issues , he has personally experienced the quality healthcare provided by the EMS workers He expressed his appreciation and thankfulness for the extra mile that all the agencies go to ensure the patient’s wellbeing C Ann Arant – June Stallings Award Recipient Earl Marett , Director of Johnston County Social Services , introduced Ann Arant of the Adolescent Parenting Program for the Department of Social Services He noted Ms Arant has worked with over 1,000 clients since 1994 and was recently awarded the June Stallings Award at the 2009 Teen Pregnancy Prevention Conference in Greensboro , North Carolina for her efforts Mr Marett spoke on Ms Arant’s excellent work and contributions to the Department of Social Services Ms Arant stated it is a privilege to work for the County under the leadership of Mr Marett The Board thanked Ms Arant for her work and congratulated her on the award D Triangle Land Conservancy Jon Scott , Conservation Project Manager with the Triangle Land Conservancy , thanked the Board for providing funding to the Triangle Land Conservancy for improvements to the Flower HillPagePage pageNumber6382 June 1 , 2009 – 10 00 am Continued Nature Preserve through the FY 2008 – 2009 Recreation Grant awards Mr Scott provided an update to the Board on the improvements that the grant funds supported Chairman Wade M Stewart stated he was on hand for the recent grand opening at the Flower Hill Nature Preserve and he was greatly impressed with the project E TESS of North Carolina Banquet Invitation Kaye Brimmage , General Manager of TESS of North Carolina Taking Education Skills Seriously , invited the Board to attend their second annual Education Awards Banquet on June 18 , 2009 at 6 00 pm at the Dillard Goldsboro Alumni Center in Goldsboro , North Carolina Ms Brimmage provided the Board with an update on their work as well as information on past scholarship awards and upcoming anticipated awards 4 Health Department – Approval of Fee Schedules for FY 2009 - 2010 Dr Marilyn Pearson , Health Director , requested the Board to approve two fee schedules for services in the Preventive Health Division and the Environmental Health Division , effective July 1 , 2009 Dr Pearson stated the fee schedules are recommended for approval by the Board of Health She reported the most significant change to the fee schedule is a recommendation by the Johnston County Board of Health that all vaccines purchased by the Johnston County Health Department will have a cost to the client of the actual cost of the vaccine plus 1500 Dr Pearson offered to answer any questions Commissioner Cookie Pope asked if the revision to the cost of vaccines was in response to the H1N1 Novel Flu Virus Dr Pearson explained that they are requesting the change in the vaccine cost as part of their normal operating procedures As an update , Dr Pearson reported the H1N1 Novel Flu appears to be acting like a seasonal flu and the Health Department is continuing to monitor the spread She noted presently in Johnston County there are no confirmed cases , although 22 confirmed cases are located in the State of North Carolina Dr Pearson reminded everyone to practice good hygiene , just as they would during the regular seasonal flu period In response to a question from Chairman Wade M Stewart , Dr Pearson stated the revision to the vaccine cost would allow the Health Department to have a flat method of charging for vaccines across the board She clarified that children’s vaccines are covered under a different program and most of those vaccines are free Commissioner Allen L Mims , Jr asked about expiration dates on the vaccine inventory Dr Pearson stated the Health Department tries to order just enough vaccine supplies in an effort to avoid expired doses Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the following schedules of fees were approved for the Health Department effective July 1 , 2009 , as well as approval for the Health Department to charge clients the actual cost of vaccines plus 1500 Preventive Health Division Old Rates Service Type CPT Code New Rates Oral Evaluation lt; 3 D0145CH 3807 4721 Topical Fluoride Varnish D1206CH 1544 2038 Childbirth Classes S9442 1902 2519 Child Service Coord T1016 2174 2869 Denver Screening 96110 1013 1327 Health and Behavior 96152 0 0 Hearing 92552 1828 2046 Hearing for Medicaid 92551 858 1125 Mat Health Home Visit T1001 8800 11616 MCC Initial Sub , HV T1017 2930 3868 Med Nutition Ther Int 97802 2472 2085PagePage pageNumber7383 June 1 , 2009 – 10 00 am Continued Med Nutition Ther Sub 97803 2185 2085 Mat Health Home Visit Free 99501F MOW Brief , Standard , Extended S9445 1650 2178 Parenting Classes not covered R W8205 9848 9848 PP NB HV Assess 99502 6900 7920 PP NB HB Epsdt 99501 6900 8197 Vision 99173 2247 2247 Initial PM lt; 1 year old 99381EP 9000 9000 Ages 1 - 4 years old 99382EP 9000 9000 Ages 5 - 11 years old 99383EP 9000 9000 Ages 12 - 17 years old 99384EP 9000 9000 99384FP 19435 16900 Ages 18 - 39 years old 99385EP 10350 9000 99385FP 19205 16700 Ages 40 - 64 years old 99386FP 22885 19900 Ages 65 + 99387 21500 21500 Periodic Med lt; 1year 99391 9000 9000 Ages 1 - 4 years old 99392 9000 9000 Ages 5 - 11 years old 99393 9000 9000 Ages 12 - 17 years old 99394EP 9000 9000 99394FP 16790 14600 Ages 18 - 39 years old 99395FP 16330 14200 99395EP 10350 9000 Ages 40 - 64 years old 99396FP 18170 15800 Ages 65 + 99397 17500 17500 15 Min Preventive Med Counceling 99401 10566 10566 30 Min Preventive Med Counceling 99402 13593 13593 45 Min Preventive Med Counceling 99403 10150 10150 60 Min Preventive Med Counceling 99404 11168 12480 30 Min Group Counceling 99411 3578 3578 60 Min Group 99412 1902 2171 Administration Interpretation 99420 3936 3936 STD & TB Control T1002 1950 2574 Blood Pressure Check Y2024 839 839 Old Service Type CPT Code New Rates Rates New Patient Minimal 99201 7142 8197 New Patient Prob Focused 99202 10712 12295 New Patient Low Complexity 99203 15235 17487 New Patient Comp Eval Mod Complx 99204 22377 25684 New Patient Comp Eval High Complx 99205 28090 32242 Minimal Service 99211 3928 4509 Prob Focused 99212 6547 7514 Low Complexity 99213 9046 10383 Detail Eval Mod Complx 99214 14045 16121 Comp Eval High Complx 99215 20445 20445 No Charge 99031 000 000 Emergency Walk IN 99058 1500 1362 Form Comp w o Visit 11111 500 500 Anoscopy 46600 6760 8991 Biopsy Skin 11100 9024 19737 Catheterization , Uretha 51701 6058 8611 Cessation Counceling 3 - 10 G0375 1172 1172 Cessation Counceling gt; 10 G0376 2247 2247 Cutting Benign Lesion 11055 4763 4763 Debridement Abrasion 11040 3733 3733 Debrdement of Nails 11720 2440 3119 EKG 93000 2316 2861PagePage pageNumber8384 June 1 , 2009 – 10 00 am Continued Endometrial Biopsy 58100 10815 12661 Exc Benign Lesion 05cm or lt; 11400 9402 12474 ExcBenign Lesion 06cm - 1cm 11401 11289 14736 FB Removal Ear 69200 10179 13493 FB Removal Uncomp 10120 11062 14923 I & D Abcess Complex 10061 14814 19419 I & D Cyst Abcess - Simple 10060 8616 11097 I & D Hematoma 10140 12101 15455 Injection of a Lesion 11900 4315 5447 IV infusion - Add Hours 90781 4542 9402 IV Infusion - 1st Hour 90780 13562 13562 Joint Injection Large 20610 6157 7997 Joint Injection Medium 20605 4859 6468 MC Pelvic and Breast G0101 3400 4900 MC Prostate G0102 1800 802 Nail Exision 11750 17521 18996 Nasal Bleed Simple 30901 8531 11292 Nebulizer tx Initial 94664 1287 1477 Nebulizer tx Subsequent 94665 1397 3744 Pap Collection MC Q0091 1747 2956 Peak Flow 94150 1832 4383 Pulse 94760 206 236 Removal Cerumen inpact 69210 4072 5435 Removal Skin Tags 11200 6718 8269 O2 Therapy 94650 2000 4077 90 thin prep Non Medicaid 88142 3256 3736 Tympanogram 92567 2175 2414 Wart Treatment 17110 7927 10274 Colpo With Biopsy 57454 15104 17740 Old Rates Service Type CPT Code New Rates Colpo Without Biopsy 57452 10690 12431 Cryosurgery 57511 14205 16621 IUD Insertion 58300 7975 10029 IUD Removal 58301 9586 11344 Mirena J7302 40770 40770 Norplant Removal 11976 15768 158 Pills S4993 335 335 Paragard J7300 30900 35880 Additional Test 82952QW 630 732 Cholesterol 82465 699 699 Complete Urinalysis 81001QW 443 584 Dip UA 81003QW 414 414 GC 87081 1063 1063 Glucose 82947QW 876 876 Gram Stain 87205 1498 786 3 Hour GH 82951QW 1800 723 Handling Fee 99000 2232 2232 Hemoccult Single 82272 936 936 Hemoccult Stool Mulitple 82270 599 599 Hemoglobin A C 83036QW 1789 1789 Hep B Panel 80074 6000 6000 Hep C Panel 86803 2000 2000 Hgb 85018QW 436 436 Phlebotomy 36415 396 396 Post Glucose Dose 82950QW 876 876 Stat Male Smears 87205 786 786 Strep Screen 87880QW 2113 2113 Urine Cluture 87086 1488 1488 Pregnancy Test 81025 1017 1000PagePage pageNumber9385 June 1 , 2009 – 10 00 am Continued Varicella Titer 86787 1600 1600 Wet KOH Prep 87210 703 703 Immun Ing Admin 1unit 90471 2240 2240 Admin Fee lt; 8years sick 90465 2742 2742 Flu Vaccine gt; 3 90658 2500 3000 Hep A Vaccine 90632 5000 6105 Hep B Vaccine 90746 4500 6342 Twinrix A and B 90636 5000 7000 HPV 90649 14079 12960 Menactra 90734 10044 9700 MMR 90707 5788 5788 Pneumovax 90732 4000 4500 TB skin test PPD 86580 1500 1500 Prevnar 90669 8036 8039 Rabies Titer 90676T 7572 7572 Rabies 90675 15254 19800 Varicella 90716 10600 10600 Zostavax 90736 17400 18900 Aristospan 5mg J3303 182 182 Benadryl 50mg J1200 102 102 Bicillin J0570 4160 4160 Bicillin 6000000 J0560 2436 2436 Old Service Type CPT Code New Rates Rates Decadron J1100 015 015 Depo - Medrol J1040 1082 1361 Depo - Medrol 40 mg J1030 514 726 DepoProvera J1055 4860 6303 Epinephrine up to 1ML J0170 080 080 Insulin Reg J1820 463 463 Insulin Per 5 units J1815 060 029 IM Antibiotic Injection 90788 1984 1914 IV injection 90774 1984 6240 Kenalog 10mg J3301 179 179 Lasix 20mg J1940 059 046 Phenegran 50mg J2550 100 283 Rho - D Immune 90384 13068 13068 Rocephin J0696 248 283 Rpcephin 500mg J0715 600 460 Solumedrol 40mg J2920 500 262 Solumedrol 125mg J2930 500 345 Therapeutic Inj G0351 1830 1830 Therapeutic Inj 90782 1830 1830 Toradol 60mg J1885 300 072 B - 12 J3420 200 034 Xylocaine Lidocaine J2000 346 346 50 Dextrose 31203 200 Ace Bandage A6263 150 044 Cath Insertion Tray A4310 300 Irrigation A4323 325 325 Large Dressing A6253 756 756 Medium Dressing A6252 388 388 Small Dressing A6251 238 238 Sterile Tray A4550 2500 3479 Umspec Materials 99070 492 492Page0386 June 1 , 2009 – 10 00 am Continued Environmental Health Division WELL Well Permits 150 Effective July 1 , 2008 This fee includes State mandated samples ; additional samples will be the current price of 30 per sample Well Reinspections 25 SEPTIC TANK Septic Tank Permits New 250 Septic Tank Reinspections 25 Septic Tank Replacement Upgrade Revisions 75 Operation Permits Pump Fee 25 WATER SAMPLES Bacteriological 15 Property Owner Collects 30 This Dept Collects Chemical 15 Property Owner Collects 30 This Dept Collects Petroleum 30 This Department Collects Pesticide 30 This Department Collects Nitrates 30 This Department Collects RELOCATIONS OF SEPTIC SYSTEMS Mobile Home 30 House 30 Business 30 SUBDIVISION EVALUATIONS Per Lot 50 Recombination 50 PUBLIC SWIMMING POOLS Swimming Pool Permits 100 Wading Pools Permits 50 Spa Permits 50 PLAN REVIEWS Restaurants 1 - 50 Seats 100 51 - 100 Seats 150 100 + Seats 200 Food Stands Meat Markets Catering Operations Etc will be based on 50 every 250 square feet , but not to exceed 200 Temporary Food Stand Permits 50 per permit , per event effective July 1 , 2008 State mandated requirement Tattoo Permits 250 5 Public Hearing – 10 15 am – Proposed County Budget for FY 09 - 10 Advertised – In The Smithfield Herald – May 20 , 2009 The Chairman opened the public hearing , and stated the purpose of the hearing is to allow public comment on the proposed FY 2009 - 2010 County budget The proposed budget and budget message have been completed and copies are available for distribution County Manager Rick Hester requested the budget message be inserted into the minutes It was the unanimous consensus of the Board to schedule three special budget meetings for Monday , June 8 , 2009 , Monday , June 15 , 2009 , and Monday , June 22 , 2009 at 6 00 pm to be held in the Commissioners meeting room There being no further comments , the Chairman closed the public hearing Page1387 June 1 , 2009 – 10 00 am Continued FY 2009 - 2010 Budget Message Dear Board Members The proposed FY 2009 - 2010 1688 million general fund budget is presented to you at the current tax th rate of 078 per 100 valuation This would be the 7 consecutive year with a tax rate of 078 , and for the st 31 fastest growing county in America , I believe that is something to be proud of You may recall that prior to the 2003 revaluation , the tax rate was 085 The proposed FY 2009 – 2010 budget is 116 million less than the current year’s budget of 1804 million , a 64 decrease Preparation of the FY 2009 - 2010 general fund budget has been the most challenging task in my ten years as County Manager I would like to thank the department heads and their staff for their invaluable assistance during this process A special thanks goes to Chad McLamb , Tyson Radford and Martha Lasater from the Finance Office I also want to thank Paula Woodard and Melissa Daughtry for their assistance in producing the final budget document Back in November 2008 , when we realized just how difficult this budget would be , a commitment was made to pull the team together and make things work I am so glad we began making expenditure adjustments starting last November I believe those adjustments were critical for many reasons The bond rating agencies including Standard and Poors , Moody’s and the North Carolina Municipal Council just recently maintained our strong credit ratings , and noted the timeliness of our expenditure reductions during the current fiscal year Another emphasis from the bond rating agencies was the adoption of financial policies by the Board last year Revenues Growth in the ad valorem tax base has traditionally grown by 55 each year ; however , this year’s budget reflects a 3 growth rate One major reason for this ad valorem tax base reduction is the downturn in new home construction Johnston County has been fortunate to have a steady amount of commercial growth across the County , and on a positive note , we now see a slight “ uptick ” in residential sales and new construction Ad valorem tax revenue for vehicles is expected to decrease , as noted in the budget The sales tax revenues are projected to remain relatively flat throughout FY 2009 - 2010 Also , keep in mind that the State will withhold one of our ¼ cent sales tax revenues for the last nine months of the FY 2009 - 2010 year , to offset Medicaid relief The County has no financial responsibility for the local Medicaid match in FY 2009 - 2010 Expenditures Approximately 48 of the general fund budget is tied to county government operations The proposed budget is presented with expenditures reduced by 79 from the current year to next fiscal year Projects and many other capital outlay expenditures are being postponed for another year However , we will maintain high standards of service in each department Approximately 33 of the general fund budget is tied to local financial support to Johnston County Schools and Johnston Community College The proposed budget reduces their current FY 2008 - 2009 appropriations by 49 for next fiscal year The proposed appropriation for Johnston County Schools is 52,534,409 The proposed appropriation for Johnston Community College is 3,874,661 I regret not being in a position to provide more funding in the proposed budget for Johnston County Schools and Johnston Community College ; like the County , they have also experienced cuts from the State of North Carolina that makes their situation difficult , and I respect the difficult task they have before them Debt service for recent school , community college , and recreation bonds comprises approximately 19 of the total general fund budget The County has a net increase of 26 million from the current year budget to the proposed FY 2009 - 2010 budget , which is the largest increase we have experienced in many years New Positions The proposed budget does not include any new positions for FY 2009 - 2010 and eliminates or delays funding for at least ten 10 vacant positions Page2388 June 1 , 2009 – 10 00 am Continued Proposed Fee Adjustments Water and wastewater related fee adjustments are proposed from the Department of Public Utilities to continue to make this agency self - supporting and provide for future capital improvements without burdening the general fund Even though there are no cost - of - living or performance pay adjustments in the proposed budget , I must brag on the 900 employees who serve the citizens of this County everyday in a pleasant and professional way This budget process has been a difficult task We began in February with a projected 15 million shortfall in FY 2009 - 2010 We have reduced that by 10 million and present this budget with a fund balance appropriation of 48 million The Board also has a difficult task ahead , and I look forward to working with you Sincerely , Rick J Hester County Manager 6 Emergency Services – Approval of Revised Fire Protection Contract Chris Perry , Johnston County Fire Marshal , explained that in November of 2002 , Johnston County contracted for fire protection services with the fire service providers He reported this year staff has updated and revised the contract to more appropriately reflect the current conditions and needs The proposed changes were discussed by the Fire Focus Group and , subsequently , a specially called Fire Chiefs meeting on March 12 , 2009 Mr Perry stated based on those meetings , staff has finalized the new contract to be effective on July 1 , 2009 He requested the Board approve the newly revised fire protection contract effective on July 1 , 2009 and offered to answer any questions At the inquiry of Commissioner Allen L Mims , Jr , Mr Perry confirmed that all the fire chiefs were in agreement with the revised contract Commissioner Tony Braswell stated the revisions are needed primarily to clean up some issues within the document and he noted all the chiefs had been very cooperative in the effort Commissioner Cookie Pope inquired as to the status of the boundary expansion of the McLemore Fire District now that the Cleveland Fire Station No 2 is in operation Mr Perry reported that after the Commissioners gave the approval for the expansion of the McLemore Fire District boundaries at the April 2009 meeting , he submitted all the necessary documentation to the Department of Insurance for their review Mr Perry stated the Department of Insurance has completed their inspection and a final approval is forthcoming Upon a motion by Commissioner Tony Braswell , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the following revised fire protection contract , effective July 1 , 2009 NORTH CAROLINA JOHNSTON COUNTY This Contract , made and entered into this first day of July , 2009 , by and between the Johnston County , a political subdivision of the State of North Carolina , hereinafter referred to as the County , and the _________________________________ , a non - profit corporation or division of a municipal government and existing under the laws of the State of North Carolina , hereinafter referred to as the Fire Department ; Now therefore , in consideration of the mutual promises contained herein and other good and valuable consideration , the parties hereto contract and agree as follows 1 The County agrees that it will cause to be assessed or levied a special fire tax within statutory limits after consultation with the Fire Department ; and will collect said fire tax as a part of the ad valorem taxes of the Johnston County 2 The Fire District Tax Commission for the ____________________ Fire District shall submit in writing to the Johnston County Manager the requested rate of fire tax to be levied by March 1 of each year This request shall be forwarded to the Johnston County Board of Commissioners for approval Page3389 June 1 , 2009 – 10 00 am Continued 3 Funds collected by the County as a result of said special fire tax shall be distributed in accordance with the rate of fire tax levied per hundred dollars valuation of all real property and personal property in the ____________________ Fire District and the provisions established by the Johnston County Finance Office 4 Rural Fire Protection tax district NC General Statute 69 - 25 funds levied and collected by the County and paid to the Fire Department by the County shall be used for fire department operations Fire protection and emergency services in the Fire District and other areas of response as dispatched and to meet the standards established by this agreement 5 The Fire Department will furnish fire protection and related emergency services , as authorized by the Board of Directors of the Fire Department , within the Fire District and shall provide the necessary equipment , personnel , and those things necessary for furnishing such protection in the Fire District The services shall be in accordance with minimum standards set forth in this agreement and all future amendments adopted in accordance with paragraph 19 of this agreement The Fire Department shall furnish said fire protection without charge to all persons and property located in the Fire District in an efficient and workmanlike manner This provision shall not prohibit the Fire Department from recouping cost and expense from incidents involving hazardous materials , false fire alarms , or from entering into contracts with the Federal , State , or local governments or utility companies for the provisions of emergency protection services for a fee 6 The County shall require the Fire Department to furnish all applicable materials and financial statements for the purpose of the annual audit conducted by a CPA in conformity with general accepted accounting principles The Fire Department also agrees to secure and maintain a blanket bond on all persons who have access to or authority to disburse funds belonging to the Fire Department Such blanket bond shall be in the amount of not less than the revenues to be collected by the County in the tax district served by the Fire Department as projected by the County for the upcoming year Proof of such bonding shall be provided to the County prior to the disbursement of any funds by the County to the Fire Department The Fire Department shall follow the applicable statutory procedures for letting of public contracts for fire apparatus , equipment , and construction 7 The Fire Department , during the period of this contract is in effect , shall remain incorporated and do business as a private non - profit corporation under the provisions of the North Carolina Non - Profit Corporation Act A true copy of the Articles of Incorporation , existing By - Laws , and any changes made from time - to - time to either will be filed with the County The Fire Department will adopt By - Laws , which meet all minimum legal requirements of said Act The By - Laws shall vest in a Board of Directors the authority to manage the affairs of the corporation to the extent permitted by said Act The Fire Department Board of Directors shall be representative of the citizens within the fire district and are encouraged to include non - member citizens 8 In the event of a liquidation or dissolution of the Fire Department , all equipment and assets will be distributed in accordance with the Fire Department’s Charter and the Internal Revenue Service Nonprofit 501 c 3 Corporation Act In the event there is no plan for distribution of assets ; all assets and equipment shall be dispersed to other departments under direction of the County 9 Repeated failures to provide protection or meet conditions as contemplated in this contract may result in the County withholding any and all funds unless a plan for compliance or resolution is made 10 The Fire Department shall obtain and keep in force during the term of this contract the following minimum insurance coverage a Worker’s Compensation i Coverage for all paid and volunteer emergency workers for statutory limits in compliance with applicable state and federal laws b Comprehensive General Liability , Malpractice and Errors and Omissions i 100,00000 for property damage per occurrence ii 500,00000 for property damage aggregate 500,00000 for personal bodily injury to any one person ; and iii iv 1,000,00000 for bodily injury aggregate per single accident or occurrence c Business Auto Policy i 1,000,00000 for bodily injury and consequent death per occurrence ii 500,00000 for bodily injury and consequent death to any one person ; and iii 500,00000 for property damage per occurrence d Upon request , the Fire Department shall furnish the County a certificate of insurance e The Fire Department agrees to fully indemnify and hold harmless the County , its officers , agents , employees , boards , commissions , and agencies against all loss , liability , claims or actions for damages to persons or property arising out of omissions of the Fire Department , its employees , or agents , or to which the Fire Department’s negligence shall in any way contribute 11 The Fire Department shall maintain a minimum of a 9S rating or better with the North Carolina Department of Insurance , Office of State Fire Marshal , as well as its present nonprofit corporation status pursuant to Chapter 55A of the North Carolina General Statues The Fire Department shall continuously comply with all applicable laws , ordinances , and State regulations Refer to paragraph # 8 12 The Fire Department shall maintain a copy of the of all emergency responses for a minimum of five 5 years and shall provide upon request a copy of same to the Johnston County Fire Marshal’s Office or other appropriate agency The County shall provide and maintain a fire incident reporting database for the Fire Department’s use The Fire Department shall submit fire reports electronically to the County in a timely manner , either through direct entry into the County database or by electronic transmission of fire reports to the County Page4390 June 1 , 2009 – 10 00 am Continued 13 The Fire Department shall provide annually to the Johnston County Fire Marshal’s Office a current and complete roster of members of the Fire Department to include contact numbers for the Chief and Assistant Chief s 14 The Fire Department agrees to provide automatic and mutual aid services to other emergency services providers in Johnston County The Fire Department understands that other agencies will maintain their own liability policies and be responsible for their own expenses The Fire Department further agrees that it will be responsible for its own expenses while responding mutual aid to another agency within the county The current automatic aid agreement is included in Appendix A of this contract In areas where the district has been extended to six miles , the Fire Department agrees to maintain agreements with adjoining districts to respond with a minimum of one apparatus capable of transporting a minimum of 1,000 gallons of water to all alarms involving reported structure fires This apparatus will be dispatched simultaneously with the department whose district the incident is occurring within 15 The following minimal performance standards are agreed upon by the County and the Fire Department and are part of this contract a The Fire Department shall comply with the procedures for radio communications and established protocols for the dispatch of emergencies as defined by the Johnston County Communications Center Protocols b The Fire Department officer in charge at all fire scenes shall attempt to determine the origin and cause of every fire When the officer in charge cannot determine the origin and cause of the fire , or if the cause is suspected to be of an incendiary nature , the officer in charge should request assistance from the Johnston County Fire Marshal’s Office c The Fire Department shall keep all records on site for minimum period of five 5 years All State and County required reports and rosters shall be submitted by the requested deadlines d If pressurized fire hydrants are located within the district , the Fire Department shall adhere to the guidelines established by the Johnston County Public Utilities Department for the flowing of hydrants The Fire Department shall immediately report any malfunctions or damage to hydrants to the entity owning the water system e The Fire Department shall follow the Johnston County Emergency Operations Plan when responding to an emergency or disaster f During a declared State of Emergency affecting the County the Fire Department shall assist , within the limits of its personnel and equipment and capabilities and with deference to its primary response district , to the extent possible with the following services 1 Debris removal from roadways ; 2 Traffic Control ; 3 Alert and notification ; 4 Search and rescue ; 5 Evacuation ; and 6 other life saving and property protection measures as necessary Request for additional assistance outside the primary response district shall be directed to the Fire Chief or designee All operations shall be in accordance with the Johnston County Emergency Operations Plan g The Fire Department should have a public fire life safety education program or similar activities for , at a minimum , educating persons regarding life safety from fire h Each Fire Department may elect to voluntarily participate in certain services Each department that provides these services shall be contracted or franchised for the operation of such service , pursuant to the rules set forth by the Johnston County Board of Commissioners Johnston County recognizes that responses to these calls are within the limits of its available personnel If the Fire Department has chosen to participate in any of these programs , the agreements can be found as Appendices of this contract SERVICE APPENDIX # First Responder Program B Rescue Services C Other Services D 16 This agreement shall become effective the first day of July , 2009 and remain in effect for a period not to exceed two years , subject to the continued legal existence of the Fire District and the Fire Department , and further subject to the termination provisions of paragraph 18 hereof This agreement may not be transferred or assigned by the Fire Department , nor may the services contracted 17 for herein be sub - contracted to other parties unless approved by the Johnston County 18 This contract may be terminated by either party upon advance notification to the other party by certified mail at least sixty 60 days prior to termination 19 Either party may propose an amendment to this agreement by submitting the amendment in writing at least sixty 60 days in advance of the amendment’s proposed effective date Amendments to this agreement must be approved by both the County and the Fire Department prior to becoming effective 20 If any part of this Contract is for any reason held invalid or unconstitutional by any court of competent jurisdiction , that part shall be deemed a separate , distinct and independent provision , and the holding shall not affect the validity of the remaining portions of this Contract 21 This contract is not intended to serve for the benefit of any third party The rights and obligations contained herein belong exclusively to the entities that are partied hereto and no third party shall rely upon anything contained herein as a benefit to that third party 22 The terms and provisions herein contained constitute the entire agreement by and between the County and the Fire Department and shall supersede all previous communications , representations , or agreements , either oral or written between the parties hereto with respect to the subject matter hereof Page5391 June 1 , 2009 – 10 00 am Continued IN TESTIMONY WHEREOF , the County has caused this instrument to be executed by the Chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners , and the Fire Department has caused this instrument to be signed in its name by its President , attested by its Secretary , all by the authorization of its Board of Directors duly given 7 Emergency Services – Approval of Revised EMS Agency Contract Scott Blecke , EMS Division Chief for Johnston County , informed the Board that staff has revised the EMS Agency Contract for FY 2009 – 2010 and noted the revised contract is recommended for approval by the EMS Advisory Committee Mr Blecke thanked the leadership of 50 - 210 EMS , Selma EMS , Clayton EMS , Four Oaks EMS , Princeton Rescue , and the Town of Smithfield Emergency Services Department for their participation in the revisions He also expressed his appreciation to Jason Barbour , Director of 911 Communications , along with his staff , noting that many of the revisions will affect the manner in which emergency calls are dispatched in order to improve response times Mr Blecke stated a number of the revisions in the contract are in response to the recommendations from the EMSSTAR Assessment and are geared towards improving the quality of service county - wide He requested the Board to approve the newly revised EMS Agency Contract and offered to answer any questions Chairman Wade M Stewart stated he felt the revisions were an improvement to the past contracts Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the following revised EMS Agency Contract State of North Carolina Johnston County Agreement for Provision of Emergency Medical Service THIS AGREEMENT made and entered into this ______ day of _____________ , 2009 , by and between JOHNSTON COUNTY , a body politic and corporate of the State of North Carolina hereinafter referred to as the “ County ” and _____________________ EMS Agency a corporation of North Carolina , hereinafter referred to as “ Agency ” WITNESSETH WHEREAS , the Agency desires to provide emergency medical services at the Basic Level , and up to and including an Advanced Life Support ALS level of service within the legal boundaries of Johnston County ; and WHEREAS , the County desires to provide to its inhabitants a superior standard of emergency medical service at the Paramedic Level ; and WHEREAS , the Agency has previously applied to the County for a nonexclusive ambulance service franchise ; and th WHEREAS , the County granted such franchise to Agency on the 6 day of January , 1993 NOW , THEREFORE , for and in consideration of the terms , conditions and agreement hereinafter set forth , the County and the Agency do hereby mutually covenant and agree as follows I General Provisions Section 1 Term A The term of the agreement shall be one 1 year and shall be renewed from year to year unless terminated as provided in Section 12 hereof Section 2 Geographical Area A The geographical area for which the EMS agency will provide ambulance service is Johnston County , with primary response responsibility being the agency’s assigned district , as determined by the Johnston County Board of Commissioners It is acknowledged by both parties that the County may change the agency’s assigned district in accordance with the County Ambulance Franchise Ordinance B An EMS Agency shall not open a new station or satellite station without prior approval from the Board of Commissioners All EMS matters for consideration of the Board of Commissioners must be submitted to the EMS Advisory Board , through the Johnston County Emergency Services Office Section 3 Administrative A The Agency , during the period this agreement is in affect , shall remain incorporated and do business as a private non - profit corporation under the provisions of the North Carolina Non - Profit Corporation Act A true copy of the Articles of Incorporation , existing By - Laws , and any changes made from time - to - time to either will be filed with the County The EMS Agency shall adopt By - Laws , which meet all minimum legal requirements of said Act B The EMS Agency By - Laws shall vest in a Board of Directors the majority of which shall be non - members of the EMS Agency Only one member of an immediate family can serve on the EMS Board of Directors at any given time The Board of Directors shall serve as the controlling authority in managing the affairs of the corporation to the extent permitted by said Act C The EMS Agency shall submit a list of Board members with contact information and board affiliation to the County annually , only one member of an immediate family shall serve as an officer with the EMS Agency The Johnston County Emergency Services Office will verify that the EMS Agency’s Board membership meets the requirements of the contract The EMS Agency Chief shall serve in an ex - officio capacity to the Board of Directors In the event the Agency cannot meet these requirements , it is agreed that the County Board of Commissioners shall appoint a Board of Directors for this purpose D The Agency agrees to submit a copy of the cash balance sheet , income statement , general ledger and a quarterly earnings summary for all employees of the department to their EMS Board members and to the County FinancePage6392 June 1 , 2009 – 10 00 am Continued th Department no later than the 30 of the month following the end of each quarter April , July , October and January In addition , the Board of Directors shall meet within thirty 30 days following the end of each quarter A copy of all agency Board of Directors meetings , including special meetings , signed by the Board Chair shall be forwarded to the Johnston County Emergency Services Office immediately thereafter this requirement excludes “ closed sessions ” of the Board of Directors II Standards and Procedures Section 1 Operations A The Agency agrees to furnish response for all calls , at the specified level of service , pursuant to the franchised level of service , for the specified time , in an approved vehicle with all required equipment B The agency agrees to furnish the following coverage 1 One Paramedic level ambulance ; with at least one approved EMT - Paramedic and one approved EMT , EMT - I or EMT - P partner ; 24 hours per day , seven days per week ; at the following location address of station 2 Additional coverage to be listed here , including Peak Time trucks C Agency and County agree to share staffing reports related to shared employees , in order to ensure compliance with maximum hours worked rules The Agency agrees to provide the County with periodic staffing reports , including documentation of any contracted units that were un - staffed for any time during the period ; and , any additionally staffed units , including the hours of operation of the extra unit s D Agency agrees that all personnel assigned to “ on duty ” vehicles will remain at the assigned station , or on the assigned unit , throughout the duty period It is not appropriate for “ on duty ” units to be staffed with personnel responding from home or other locations E Agency agrees that any intra - agency standing deployment plans or system status management plans be in writing and approved by the Johnston County EMS Office and the Medical Director F Agency agrees to participate in mutual aid deployment plans , as directed by the 911 communications center G Upon request , the Agency agrees to furnish mutual aid to other county EMS Agencies in accordance with the County’s EMS Mutual Aid agreement H In order for second , or additional duty crew to be dispatched , the agency shall notify communications that the additional unit is “ in service ” ; and , should also notify communications when such crews are out of service If a second or additional duty crew is not in service when the first duty crew is unavailable , mutual aid will automatically be dispatched to calls in the agency’s district Should the agency provide a fully staffed , paramedic crew after mutual aid has been dispatched , and that crew is closer than the dispatched mutual aid unit , it shall notify dispatch , respond to the call , and cancel the mutual aid unit If any doubt exists related to the proximity of the mutual aid unit and or the second or additional duty crew , both should respond , until the first unit arrives I Agency agrees that all emergency responses code 3 dispatch will result in a paramedic unit response If a paramedic unit is not available , mutual aid will be sent automatically It is appropriate for EMT EMT - I level ambulances to respond to non - emergency responses code 1 dispatch In cases of disaster response , it may be necessary and appropriate to utilize non - paramedic staffed ambulances on emergency calls J If a second or additional duty crew becomes available at a level less than that of a paramedic , it may respond ; however , Emergency code 3 calls will require the mutual aid Paramedic unit to respond as well If an approved non - paramedic ambulance to form a paramedic level paramedic becomes available and is able to meet the ambulance , the mutual aid paramedic unit may then be cancelled K The agency agrees that Privately Owned Vehicle POV response of its members employees is discouraged ; however , when appropriate , it is expected that the members employees have the appropriate equipment available to provide initial patient care until arrival of the dispatched unit L Agency agrees that its members employees responding on Agency vehicles shall wear uniforms or other appropriate attire to make it clear that they are representing the agency in an official capacity If responding POV , members employees should use discretion regarding their attire Agency’s are encouraged to maintain SOG’s requiring it’s members to present a professional appearance M Agency agrees to have available for its members employees , the necessary safety gear equipment to allow their members employees to provide medical care in hazardous environments Agency further agrees that members employees must utilize the appropriate safety gear when operating on scenes ; and those employees members not wearing the appropriate safety gear will be prohibited from operating in a hazardous environment to be determined by the Incident Commander , EMS Operations Officer or Scene Safety Officer N The Agency agrees to operate and maintain its system in accordance with all applicable Federal , State and local laws , ordinances and regulations O The Agency agrees to operate in accordance with the North Carolina College of Emergency Physicians Standards for Medical Oversight and Data Collection by December 1 , 2009 P The Agency agrees to assist in the removal of deceased persons if needed in accordance with the Johnston County EMS System Protocols NCCEP Policy for Deceased Persons Q The Agency agrees to respond to calls as dispatched , following the standards of the National Association of Emergency Medical Dispatch with the following exceptions 1 Adverse weather 2 Upgrade or downgrade by dispatch 3 Upgrade or downgrade by first responders on the scene Paramedics have the authority to disregard requests made by lesser - trained EMS professionals , based on medical information received 4 Equipment failure - notify dispatch as soon as possible of the need to dispatch another unit R The agency agrees to assist with fire scene rehabilitation as requested by a Fire Department or other EMS Agency Page7393 June