August 3, 2009 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 482 Meeting of the Johnston County Board of Commissioners August 3 , 2009 10 00 am The Johnston County Board of Commissioners met in regular session Monday , August 3 , 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 , and W Ray Woodall Absent DeVan Barbour and Tony Braswell 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 Jeffrey P Carver led those in attendance in the pledge of allegiance to the American flag Chairman Stewart noted Commissioner Tony Braswell’s absence to care for a family member Chairman Stewart also asked everyone to keep Commissioner DeVan Barbour’s family in their prayers due to the loss of his wife , Kathy Barbour 1 Approval Discussion of Agenda Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – July 6 , 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 Majestic Oak Drive , Green Forest Trail and Victor Court – Twisted Oaks Subdivision – Phase III – Cleveland Township C Tax Releases & Refunds – 06 16 2009 – 07 15 2009 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2008 0904 - 909001 0901 - 025763 DOLINSHEK , JENNIFER ANN Overpayment 15797 2008 0904 - 909001 0901 - 025763 DOLINSHEK , JENNIFER ANN Overpayment 15797 2007 0806 - 775646 0803 - 881011 FORNICOLA , RAYMOND THOMAS Release 14095 2008 0904 - 911424 0901 - 019814 CARLISLES PIGGLY WIGGLY , INC Overpayment 20073 2008 0807 - 798921 0804 - 896759 MARTINEZ , ANGELINA MENDOZA Release 10038 2008 0905 - 920911 0902 - 037190 PEARCE , DONALD WAYNE Tag Surrender 11498 2008 0906 - 931468 0903 - 045692 GUIN , PHILIP DAVID Release 21461 2008 0904 - 909408 0901 - 026586 POPE , WILLIAM THOMAS Release 20059 2008 0906 - 938440 0903 - 051149 FREEMAN , PAMELA LEIGH Release 20167 2008 0906 - 942588 0903 - 047305 GREENE , TIMOTHY WAYNE Release 11237 2008 0905 - 926243 0902 - 036738 HONDA LEASE TRUST Tag Surrender 16209 2008 0904 - 907154 0901 - 023883 PULLEY , WESLEY BARNETT Release 14492 2008 0906 - 934871 0903 - 049866 HUMPHREY , JOHN THOMAS Release 38107 2008 0904 - 908808 0901 - 020680 ANDERSON , TERRANCE Release 13473 2008 0906 - 931258 0903 - 051106 EVANS , NATHANIEL JAMES Release 21100 2008 0901 - 876048 0810 - 990607 MARTIN , CHRISTOPHER STEPHEN Tag Surrender 11245 2008 0906 - 932267 0901 - 055725 MORRIS , JACQUELYN GEORGEAN Release 12092 2008 0903 - 898077 0812 - 012270 REED , SHELBY LEBRON Release 31889 Page483 August 3 , 2009 – 10 00 am Continued 2008 0906 - 940907 0812 - 055672 THE LAMPE COMPANY Release 29363 2005 0606 - 481820 0603 - 530074 CORE , ROBIN ALAN Overpayment 13758 2008 0906 - 929064 0903 - 053242 PARRISH , LEON Release 13907 2008 0903 - 894762 0812 - 012452 COLLINS , SR , BRIAN KEITH Release 24061 2008 0808 - 816505 0805 - 910284 UNTERBORN , TORY Release 12533 2008 0906 - 935340 0903 - 054793 STOVER , LARRY ALAN Release 39631 2008 0906 - 934918 0903 - 050758 JOYNER , ANTHONY LAMAR Release 24140 2008 0904 - 915663 0901 - 024812 HOMSOMBATH , BOUAVONE Overpayment 38817 2008 0906 - 931797 0903 - 044028 JONES , DAVID JOSEPH Release 15799 2008 0810 - 840744 0807 - 948697 RYAN , JR , EDDIE RAY Overpayment 37984 2008 0906 - 939651 0903 - 046368 CHURCH OF GOD OF PROPHECY Release 10125 2008 0905 - 918422 0902 - 037540 GWATHNEY , JR , JOHN ALVIN Overpayment 13514 2008 0809 - 829733 0806 - 933891 GUERRERO , MARIA ELIZABETH RUBIO Release 10525 2008 0902 - 890641 0811 - 000852 FANNEY , ANGELA BROWN Overpayment 18701 2008 0811 - 855010 0808 - 950979 BLANTON , JR , JOHN MANNING Overpayment 40000 2008 0902 - 885905 0811 - 000113 BAGGETT , RONALD PHILLIPS Overpayment 38340 2008 0906 - 935841 0903 - 049873 DAUGHERTY , REBECCA GOINES Release 12337 2008 0904 - 910280 0810 - 026859 PRESTON , TOSHIKO MUNDY Release 15439 2008 0904 - 910358 0901 - 023644 STACY , KENNETH DALE Tag Surrender 11172 2008 0901 - 881819 0711 - 991173 MOORE , DERRICK DARRELL Release 17705 2008 0902 - 892472 0811 - 999251 MOORE , DERRICK DARRELL Release 13649 2008 0905 - 923568 0902 - 039945 BARFIELD , EVERETT DONALD Release 12746 2008 0906 - 933662 0903 - 054057 GALLEGOS , JAMES DARREN Release 13649 2008 0904 - 915599 0901 - 020301 RAINEY , ERIC PETER MICHAEL Release 10532 2008 0808 - 815226 0805 - 915850 AGUIRRE , DIEGO Overpayment 15285 2008 0903 - 895605 0808 - 013935 LEE , JOEL BLAKE Overpayment 20958 2008 0810 - 830580 0807 - 945552 COLE , ROBERT ELDON Tag Surrender 35977 2008 0902 - 882826 0811 - 999131 BENSON , JENNIFER LEE Overpayment 12898 2008 0906 - 934861 0903 - 053564 HORTON , EVELYN WOOD Release 29665 2008 0906 - 931625 0903 - 048838 HOCHMAN , DAVID LOUIS Release 14426 2008 0905 - 921659 0902 - 039068 MAJOR , SCOTT ANTHONY Release 19046 2008 0904 - 915834 0901 - 018921 KELLY , DAVID EVERETT Release 11539 2008 0906 - 941602 0811 - 055619 CLOER , II , DAVID FRANKLIN Release 12718 2008 0811 - 856425 0808 - 957949 WATSON , TIMOTHY WAYNE Release 15552 2008 0903 - 893355 0812 - 011720 WRIGHT , HAROLD JAMES Release 17246 2008 0811 - 851601 0808 - 961705 HOUDE , ANITA JEAN Void Refund 10612 2008 0810 - 843546 0807 - 949628 ATKINSON , LISA ANN Overpayment 14338 2008 0810 - 842502 0807 - 947202 THOMPSON , STEVEN WAYNE Release 17536 2008 0810 - 842503 0807 - 947601 THOMPSON , STEVEN WAYNE Release 19170 2008 0902 - 887643 0811 - 997572 BETANCOURT , ANDRES G Overpayment 21772 2008 0905 - 919075 0902 - 035540 MEYER , II , GARY JON Tag Surrender 11326 2007 0805 - 764134 0802 - 867537 PARKER , STEVEN DOUGLAS Overpayment 19657 2008 0902 - 882744 0811 - 998726 ADCOCK - FLAUGHER , JENNIFER ANN Overpayment 24303 2008 0812 - 869117 0808 - 979064 SMITH , CHRISTOPHER BRYAN Overpayment 10081 2008 0906 - 939496 0903 - 049314 BEST , ROBERT STEPHEN Release 13694 2008 0905 - 920431 0902 - 035491 DUVALL , GEORGE HARRISON Overpayment 13871 2008 0904 - 915475 0901 - 025600 FERRELL , EVA ROBERTS Overpayment 18677 2008 0906 - 934820 0903 - 053871 HAWKINS , JR , DEWARD EDWARD Release 23217 2008 0810 - 842523 0807 - 945872 TROY , WILLIAM JOSEPH Release 19535 Real Personal Property Releases 6 30 2009 14 43 44 341 ASHLEY 2009 - 200426 73473580 BRASWELL , R D CONSTR CO 1,91680 6 30 2009 14 54 52 341 ASHLEY 2009 - 200427 73473580 BRASWELL , R D CONSTR CO 1,57956 6 30 2009 14 59 33 341 ASHLEY 2009 - 200428 73473580 BRASWELL , R D CONSTR CO 1,15404 6 30 2009 15 03 47 341 ASHLEY 2009 - 200429 73473580 BRASWELL , R D CONSTR CO 71972 6 30 2009 15 08 53 341 ASHLEY 2009 - 200430 73473580 BRASWELL , R D CONSTR CO 1,08811 7 9 2009 9 40 23 121 CATHY 2009 - 200426 73473580 BRASWELL , R D CONSTR CO 11526 Real Personal Property Refunds 6 16 2009 10 41 50 189 TERI 2008 - 017192 2000133274 CLONIGER , COURTNEY 30044 6 16 2009 10 45 44 189 TERI 2008 - 003664 2000122087 AYALA , RUTH XIOMARA 12192 6 22 2009 12 39 43 338 ALLISON 2008 - 064043 66494360 PARKER , J B MRS HEIRS 45552 6 25 2009 12 43 07 189 TERI 2008 - 008451 2000011254 BEST , ROY 13291 6 26 2009 15 03 49 121 CATHY 2008 - 065687 2000128553 PEEDIN , BEULAH 19820Page484 August 3 , 2009 – 10 00 am Continued 6 26 2009 15 04 03 121 CATHY 2008 - 065688 2000128553 PEEDIN , BEULAH 37530 6 30 2009 14 52 53 165 JAN 2008 - 072919 2000103468 ROY , PAUL 17814 7 9 2009 9 41 32 121 CATHY 2009 - 200426 73473580 BRASWELL , R D CONSTR CO 11526 July 17 , 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 6 16 09 to 7 15 09 Tax refunds - Personal Real Property 50693 Tax releases - Personal Real Property 31460 Motor Vehicle releases refunds 4,70061 Recommended by Tax Administrator Pat Goddard Approved by Assistant Finance Director Tyson Radford 3 Public Comments A Recognition of Department Heads County Manager Rick Hester acknowledged the outstanding job and support that the County Department Heads provide each day to the citizens of Johnston County along with their respective staff Mr Hester asked that each Department Head in attendance stand , state their name and the department they represent The Board commended the staff for their work and the superb leadership displayed by each B Recognition of Robert Davis ’ Retirement – Resolution of Appreciation The Board recognized Robert Davis , Workforce Development Director for the Job Training Office , on his recent retirement at the end of July Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board adopted the following Resolution of Appreciation and wished Mr Davis well in his future endeavors Resolution of Appreciation WHEREAS , James Robert Davis has been a vital part of Johnston County Government , serving in the Johnston County Job Training Office from 1981 to 1985 and as the Workforce Development Director from 1989 until his retirement in July 2009 ; and WHEREAS , the performance of his duties and responsibilities were always characterized by an obvious efficiency and dedication to the citizens of Johnston County ; and WHEREAS , Mr Davis has gained the respect and admiration of all who have known him and worked with him over the years ; and WHEREAS , Mr Davis 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 James Robert Davis , recognizing his years of exemplary service and contributions to the citizens of Johnston County , and offer to him and his family the very best wishes for the future rd Adopted this the 3 day of August , 2009 Mr Davis thanked the Board for their dedication to the Job Training Office over the years and asked them to continue their support He stated it has been a rewarding experience to work for the Job Training Office C September 11 , 2009 – Tea Party Rally Birmah Stemler , Smithfield , addressed the Board and requested permission to use a public address system PA system at an upcoming Patriot’s Day Tea Party event on September 11 , 2009 which will be held on the Courthouse steps Ms Stemler stated she would acquire and manage the PA system , if the Board approves the request County Manager Rick Hester stated he had no issues with a PA system ; however , he wanted to make sure that it would not disturb the court system that may be in session Chairman Wade M Stewart advised Ms Stemler that she would need to check with the Town of Smithfield regarding permitting issues and then could coordinate with the County Manager to work out the details to avoid disrupting court Page485 August 3 , 2009 – 10 00 am Continued th 4 Neuse Riverkeeper Foundation – October 10 Neuse River Cleanup Request to Waive Tipping Fees Alissa Bierma , Upper Neuse Riverkeeper , Neuse Riverkeeper Foundation , explained that the Foundation would like to hold a Fall Neuse River Cleanup which would extend from Falls Lake to Smithfield Ms Bierma stated the Spring cleanup was very successful with a record turnout of 300 people and over 13,000 pounds of trash collected Ms Bierma requested the Board to consider waiving the landfill tipping fees on the day of the Fall cleanup scheduled for October 10 , 2009 Commissioner Cookie Pope stated she is always receiving requests from Boy Scout Troops for projects and asked if Ms Bierma could utilize their assistance Ms Bierma responded yes , that she could definitely use their help with such projects Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board agreed to waive the landfill tipping fees for trash collected in Johnston County on the day of the cleanup scheduled for October 10 , 2009 as part of the Fall Neuse River Cleanup 5 Public Hearing – 10 15 am – ROAP Grant Funds – 2009 - 2010 Advertised – In The Smithfield Herald – July 22 , 2009 Chairman Wade M Stewart opened the public hearing for the purposes of allowing public comment on the proposed application to the NC Department of Transportation for a Rural Operating Assistance Program ROAP grant for FY 2009 - 2010 Lynn Birmingham , JCATS Transportation Manager , outlined the program totals of the FY 2009 - 2010 ROAP grant as follows as well as reviewed the list of recipients with the Board PROGRAM TOTAL EDTAP 80,641 EMPL 17,435 RGP 93,190 Supplemental EDTAP 46,163 Supplemental EMPL 21,631 Supplemental RGP 81,954 TOTAL 341,014 EDTAP – Elderly & Disabled Transportation Assistance Program EMPL – Employment Transportation Assistant Program RGP – Rural General Public Program Ms Birmingham also noted that she had copies of the “ Voluntary Title VI Public Involvement ” form which collects information on race , color , national origin and gender of the attendees available , if anyone would like to complete the form Ms Birmingham requested the Board approve the application , and authorize the Council on Aging and the CTS Advisory Board of Directors to apply for a ROAP grant for FY 2009 - 2010 Ms Birmingham offered to answer any questions Chairman Wade M Stewart asked what type of formula is in place to divide the funds amongst the recipients Ms Birmingham stated the State of North Carolina provides a lump sum amount to JCATS The Advisory Board then looks back at past allocations to the recipients as well as the demographics they serve and funding percentages are based upon that information Ms Birmingham noted that the Advisory Board recently discussed the funding percentages at their last meeting and determined they are appropriate Commissioner W Ray Woodall inquired as to how JCATS determines what types of vehicles are purchased for the fleet Commissioner Woodall stressed the importance of ensuring that the vehicles purchased for the JCATS fleet are appropriate for their ridership , given the current state of the economy and the need to budget funds properly PagePage pageNumber5486 August 3 , 2009 – 10 00 am Continued Ms Birmingham explained that JCATS is required to work with the Department of Transportation to determine how the fleet needs to be expanded or reduced She noted there is a process through the Department of Transportation that takes into account the subscription ridership , on - demand services , as well as medical transportation Ms Birmingham also pointed out that all the vehicles must be wheelchair accessible and they are focused on serving their clients ’ needs Chairman Stewart asked if there were any others in attendance that would like to comment or had questions There being no further comments or questions , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved the application and authorized the Council on Aging and the CTS Advisory Board of Directors to apply for a ROAP grant for FY 2009 - 2010 6 Triangle Land Conservancy – Buffalo Ridge Farm Conservation Easement Partnership Jon Scott , Conservation Project Manager with the Triangle Land Conservancy TLC , recognized the President of the TLC , Kevin Brice , and Johnston County Stormwater Administrator Jamie Guerrero along with Johnston County Engineering and Construction Manager Chandra Coats Mr Scott explained that the TLC seeks to partner with Johnston County’s Stormwater Department to protect approximately 140 acres along Buffalo Creek near Selma Mr Scott stated the project would help fulfill the goals of the County’s Land Dedication Program which was created to encourage future development to participate in the preservation of valuable land , creating permanent open space and helping to offset the impacts of high - density developments He stated Joe and Frances Moore have offered to donate a permanent conservation easement over their property and the Moores would like to complete the project by the end of 2009 Mr Scott reported TLC will facilitate the acquisition of the conservation easement , hold the conservation easement , and be responsible for annual stewardship , including monitoring and enforcement Mr Scott asked the Board to allocate up to 61,000 from the County’s stormwater fee - in - lieu program to be used towards transaction costs and stewardship of the conservation easement Mr Scott reviewed with the Board a PowerPoint Presentation outlining maps , aerial photos , and ground level photos of the property Mr Scott stated the 140 acre site consists of approximately 4,000 feet of frontage on Buffalo Creek with 53 acres of wetlands He noted the property is currently being used for agriculture purposes including grazing and has been timbered in the past Mr Scott reported one of the goals of the project is to protect water quality ; therefore , a water quality buffer along Buffalo Creek will be delineated by a survey and will limit the disturbances that can take place in that specific area , but could be used for passive recreational uses by the landowner The conservation easement will also protect the upland portions of the property by prohibiting future subdivision , limiting future development , and requiring agricultural and forestry practices to be conducted according to a conservation and or forest management plan Mr Scott stated outside of the water quality buffer area , the landowner would be allowed to continue agricultural activities and or forest management and harvest so long as an appropriate forest management plan or conservation plan is in place In response to a question from Commissioner Cookie Pope , Mr Scott confirmed that allowed agricultural activities outside of the stream buffer zone would include row - cropping Mr Scott informed the Board that the property contains the Moore’s primary residence , a renovated tobacco barn that serves as a guest house , the original house to the property which also serves as a guest house , and a house for one of the farm employees No additional residential structures would be allowed under the conservation easement He stated existing structures could be maintained and expanded to a maximum square footage to be determined and a limited number of additional farm related structures would be allowed subject to a maximum square footage limitation Mr Scott reviewed the following budget originally proposed for the project 1 Survey 32,000 2 Phase I Environmental Assessment 2,000 3 Baseline Documentation Report 2,500 4 Legal Fees and Closing Costs 7,500 5 Stewardship 17,000 TOTAL 61,000 Cost acre 435PagePage pageNumber6487 August 3 , 2009 – 10 00 am Continued He stated that upon further review into the estimate for surveying costs , TLC has determined that the surveying can be done for approximately 19,000 which is substantially less than originally projected in the previous budget Mr Scott stated the latest tax card on the property indicates a market value of 255,000 and he reiterated that the landowner has agreed to donate the permanent conservation easement Mr Scott offered to answer any questions Chairman Wade M Stewart asked how the taxes on the property would be affected , specifically , who would be responsible for the payment of taxes Further , Chairman Stewart noted that on the maps , other properties in the area have already been designated as conservation easements with the TLC He stated this is the first occasion that TLC has asked the County for assistance and asked what type of funding was used to secure the other properties Mr Scott stated the landowner would still own the property and would be responsible for paying the property taxes He stated while TLC would hold an interest in the property , they would not hold the title to the land Mr Scott reported that with the other properties in the area designated as conservation easements , funding was secured from other resources to pay for the costs associated with those sites He noted in some cases the landowner is willing to pay for surveying and legal costs At the inquiry of Commissioner Pope , Mr Scott confirmed the easement would remain with the property permanently , even if the property changes ownership Commissioner Allen L Mims , Jr asked if the easement would consist of all of the Moore property , or just the stream buffer area Mr Scott clarified that the easement would be secured for the entire 140 acres of the Moore property and a stream buffer within the 140 acres would be delineated as a component of the easement through a legal survey Commissioner Mims noted that the TLC does allow agricultural activities , including row crops and grazing , outside of the stream buffer zone ; however , he noted the County’s policy states that the land cannot be farmed and must be maintained in a natural vegetative state He questioned if the two policies conflicted Chairman Stewart agreed that the two policies seemed to conflict and asked how the issue could be resolved Commissioner Mims stated perhaps the Board needs to go back and tweak the policy before acting on the request by TLC Chairman Stewart stated the Board is not questioning the motives by the TLC ; however , he questioned if the conflicting policies would create issues with the project in the future Mr Scott stated that the TLC’s easement does not address individual agricultural activities on the property , but only seeks to ensure that the property owner has a conservation plan outlining best management practices for the site Commissioner W Ray Woodall stated there are ten other property owners that touch the subject site and he asked how the easement would affect the surrounding property owners Mr Scott stated the easement on the Moore property would not affect any of the surrounding landowners as they are not bound by any of the requirements associated with the conservation easement Stormwater Administrator Jamie Guerrero reported that the County’s policy states “ the tract must be placed in a perpetual conservation easement that will not allow development or faming of the land ” He noted that staff discussed the language in the policy and determined that there is some interpretation to be made in that it is not clear if the policy was speaking to allowing new development or new farming of the land He stated that for this first project with TLC , staff believes the advantages of the easement will speak for itself He noted that protecting 140 acres along Buffalo Creek will go a long way to protecting the water quality in the County Mr Guerrero stated as far as the County’s policy is concerned , it is up to the Board of Commissioners to resolve the intentions of the language with respect to farming the land and staff can assist in that process Chairman Stewart suggested retaining the policy and adding language that exceptions can be made at the discretion of the Board of Commissioners as such projects come forward PagePage pageNumber7488 August 3 , 2009 – 10 00 am Continued County Attorney Mark Payne advised that the final conservation easement could be drafted so that TLC maintains their goals while maintaining compliance with the County’s policies and keeping the property owner satisfied Chairman Stewart stated that the present issue is not about the easement remaining consistent with the policy , but rather allowing the property owner the flexibility to be able to farm his land and how to incorporate appropriate language to accomplish that goal Mr Payne clarified that the final conservation easement could have language incorporated stating that the landowner has an exception to the policy to farm the land Commissioner Woodall noted there is a tremendous amount of timber on the surrounding properties which are accessed by a road connecting to the Moore Property He asked if those property owners ’ ability to harvest their timber would be affected by the easement , if it is approved Mr Scott stated the surrounding property owners ’ land would not be located within the stream buffer zone and therefore , they could still harvest their timber as they wish , in that they are not subject to the requirements of the conservation easement Chairman Stewart suggested taking the matter under advisement to allow staff to look further into the policies and revisit the request in September Commissioner Pope acknowledged the Director of Cooperative Extension Bryant Spivey along with the Director of Soil & Water Conservation James Massey in attendance and asked if they would like to comment on the subject Mr Spivey reminded the Board that the Cooperative Extension Office is working on a Farmland Protection Plan for the County He stated that while he is not discouraging the Board from approving the request , he noted the Farmland Protection Plan will help to open doors for funds to be used possibly in other ways to set aside farmland for agriculture He stated there are other sources of funds that can be used to purchase easements , while using the County’s fee - in - lieu funds to leverage those other funding sources thereby bringing more resources to the County Mr Spivey acknowledged that the subject site is being offered as a donation which does gives the County more impact for the dollar than if the easement had to be purchased Don Stephenson , Retired Biology Instructor from Johnston Community College , recalled that in 2000 , a citizens group was established to look at an open space plan for the County He noted the group looked at a number of tools to assist with farmland preservation as well as the preservation of natural areas and it was determined that the conservation easement program was an appropriate method to accomplish such goals Mr Stephenson stated that he believes if the citizens group were still in existence today , they would support the request by the TLC Mr Stephenson stated he has also reviewed the draft Farmland Protection Plan and he noted that one of the major pieces of the plan is to protect the rural character and farmland in Johnston County through the use of easements He urged the Commissioners to look favorably on the request Motion to Take the Request Under Advisement Commissioner W Ray Woodall moved the Board take the request under advisement to get clarification on certain issues relating to the policies as well as to ensure the surrounding property owners are not affected Further Discussion Commissioner Cookie Pope stated she would like to have Bryant Spivey involved in the process Chairman Wade M Stewart instructed Stormwater Administrator Jamie Guerrero to coordinate a meeting with the appropriate people in the next two weeks to discuss the matter and get more clarification so that the Commissioners can act on the request possibly in September Chairman Stewart stressed the importance of having flexibility in the policy Commissioners Woodall and Pope volunteered to attend the meeting PagePage pageNumber8489 August 3 , 2009 – 10 00 am Continued Second to Motion and Vote Commissioner Allen L Mims , Jr stated he is not against the project ; however , he would like to get clarification on the conflicting policies and seconded the motion by Commissioner Woodall , which carried by unanimous vote 7 Public Library of Johnston County and Smithfield – Contract of Affiliation for Princeton Public Library Margaret Marshall , Library Director , requested the Board’s approval for a Contract of Affiliation between the Public Library of Johnston County and Smithfield PLJCS and the Princeton Public Library Ms Marshall explained that the contract is similar to the Contracts of Affiliation that are currently in place with the Towns of Clayton , Kenly , Selma , Four Oaks and Benson The contract will allow the Princeton Public Library to use the PLJCS’s catalog system , share materials and services , and have access to NC Live a statewide database for North Carolina residents She noted the contract was approved by the PLJCS Library Board at their July 6 , 2009 meeting and she would be taking the request to the Smithfield Town Council on August 4 , 2009 , pending a positive vote of approval from the Commissioners Ms Marshall stated no County funds are required for the request Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the Contract of Affiliation between the Public Library of Johnston County and Smithfield and the Princeton Public Library , as follows Commissioner Cookie Pope commented that the contract is a good example of how the County and the communities can work together for the citizens LIBRARY CONTRACT This contract , made and entered into this ___ day of ______ , 2009 by and between the Public Library of Johnston County and Smithfield herein the “ County Library ” and the Princeton Public Library WITNESSETH Whereas , the County Library operates under Chapter 153A , Article 14 GA 153A - 261 through GS 153A - 271 to give library service to the residents of Johnston County and the Municipality of Smithfield ; and Whereas , the Princeton Library operates to give library service to the residents of Princeton and wishes to become affiliated with the County Library to have the benefit of additional services which the County Library can provide THEREFORE , IT IS MUTUALLY AGREED THAT The County Library will furnish to the Princeton Library the services set forth herein and in Appendix 1 , and any future amendments agreed to by both parties The Princeton Library will remain under the control of the Municipality of Princeton and its Library Board of Trustees , and will continue as the agency responsible for providing library services for the residents of Princeton The Princeton Library will be known as the Princeton Public Library , an affiliate of the Public Library of Johnston County and Smithfield The Princeton Library will employ and supervise personnel of the Princeton Library , whose salaries , retirement , social security and any other employee benefits will be paid with funds appropriated by the Municipality of Princeton or otherwise contributed to the Princeton Library The officials of the Municipality of Princeton will agree to sign the annual Maintenance of Effort Report and Declaration as required by the NC Department of Cultural Resources , Division of State Library , and as signed by the officials of Johnston County and the Municipality of Smithfield The Johnston County School District will maintain the building and grounds of the Princeton Library currently located in the Princeton High School , in accordance with their “ Cooperative Agreement for Princeton School - Joint Use Library Agreement ” The Princeton Library will provide for telephone service on the premises for the use by library staff The Princeton Library will be open for service a minimum of twelve 12 hours per week The Princeton Library will provide to the County Library the following a copy of the Princeton Library’s bylaws ; monthly fiscal and statistical reports ; two 2 copies of the annual audit by December 30 of the fiscal year following the audit year ; and a copy of the new fiscal year budget by July 30 of the new fiscal year The County Library will loan books , periodicals , and other library materials to the Princeton Library in such quantities as the Director of the County Library may determine , such materials to supplement materials already owned or subsequently acquired by the Princeton Library Materials loaned to the Princeton Library by the County Library will remain the property of the County Library Materials owned by the Princeton Library may be loaned to the County Library or its units upon special request ; such materials will remain the property of the Princeton Library The County Library and the Princeton Library agree to enter into this contract through a period ending June 30 , 2011 Thereafter , in accordance with the requirements of the NC Department of Cultural Resources , Division of the State Library , it is agreed by the County Library and the Princeton Library that the term of this agreement shall be for a period of ten 10 years beginning July 1 , 2011 , with each party reserving the right to terminate the agreement after the ten 10 year period , upon giving written notice six 6 months prior to the date of terminations The County Library and the Princeton Library , upon giving six 6 month’s written notice , may extend this contract for an additional ten 10 year period PagePage pageNumber9490 August 3 , 2009 – 10 00 am Continued By this contract the Princeton Library has agreed to certain terms required by the NC Department of Cultural Resources , Division of State Library Nevertheless , both parties understand that apart from the parties ’ agreement to these terms as independent contractors , neither party herby acquires and right of control , supervision or direction over the physical facilities , employees , or operation of the other The Princeton Library will indemnify the County Library from any loss by virtue of any liability arising from a transaction , act , omission or occurrence at the Princeton Library facility or in the operation of the Princeton Library and the County Library will likewise indemnify the Princeton Library from loss due to any liability arising from the operation of the County Library or its facility Neither party by this agreement agrees to waive any governmental immunity except to the extent insured See attached insurance forms Each party will agree to continue to provide insurance and evidence of its annual renewal during the terms of this contract This contract may be amended upon unanimous approval of all parties signing this agreement IN WITNESS THEREOF , the County Library , the Princeton Library , the Municipalities of Princeton and Smithfield , and the County of Johnston have caused this contract to be executed this ___ day of _______ , 2009 8 Health Department – Request for Position Dr Marilyn Pearson , Health Director , informed the Board that the Johnston County Health Department has received an increase in WIC Women , Infant , and Children’s Program funds from 559,215 currently in the budget to 610,385 She stated the additional funding is a result of the increase in the client base of 422 clients from fiscal year 2009 to 2010 from 3,233 to 3,655 Dr Pearson asked the Board to approve the use of the increase in federal WIC funds to cover the cost of an additional Processing Assistant IV position She stated the anticipated annual cost of the position , based on the current hiring rate , including salary and benefits , is 31,30375 Dr Pearson explained that the WIC program is a supplemental nutrition program serving pregnant and postpartum women , infants , and children Eligibility for the program is based on federal poverty guidelines and nutritional risk She noted the program offers healthy foods , nutrition and breastfeeding support , and referral to health and community services WIC also provides vouchers for food , including milk , infant formula , and cereal Dr Pearson stated with the changes in the economy , the loss of jobs , and with the increase in the County’s growth , more clients now qualify for this program She reported as the caseload continues to increase , the additional position would allow for efficiency of the WIC services along with improved customer service Chairman Wade M Stewart noted if the Board approves the request , the position would only be approved so long as the federal funds are available to cover the cost of the position Commissioner W Ray Woodall moved the Board approve the additional Processing Assistant IV position for the Health Department , so long as the federal WIC funds are available to cover the cost of the position Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 9 Health Department – H1N1 Flu Virus Vaccine Update Commissioner Cookie Pope asked Health Director Dr Marilyn Pearson to provide the Board with an update on the H1N1 Flu Virus Vaccine Dr Pearson reported a vaccine is anticipated to be released in October or November ; however , there will be a priority group initially targeted for vaccination She stated the priority group would consist of pregnant women , infants and children , and healthcare workers Dr Pearson noted the Health Department will be taking part in a conference call on the vaccine later this week as well as continuing to meet with the appropriate agencies on how to best protect the citizens She expects the H1N1 Flu Virus will require two vaccines along with the regular seasonal flu vaccine 10 Public Utilities – Award of Contracts and Adoption of Amended Project Budget – MIEX and Free Chlorine Water Quality Improvements Projects Tim Broome , PE , Director of Utilities and Engineering , stated that in June 2008 , the Board of Commissioners approved a water supply project to improve water quality in the distribution system and to insure compliance with new federal regulations for disinfection byproduct concentrations in finished water The project consists of a 575 mgd magnetic ion exchange process addition for enhanced removal of organic carbon , post filtration chemical feed improvements , a 40 mgd high service pump station for delivery of water with free chlorine secondary disinfection , and approximately 16,000 lf of 16 ” water main on Buffalo Road in , and near Selma for interconnection of sections of the distribution which will be served with free chlorine Mr Broome stated bids were requested for two construction contracts ; the water process and high service pump additions and the water main Page0491 August 3 , 2009 – 10 00 am Continued The Board reviewed the following two bids for the construction of the MIEX and Free Chlorine Water Quality Improvements Projects Bids received on June 30 , 2009 for the new water treatment process and high service pump station Contractor NC License Bid Base Bid Alt Bid 1 No Security Dellinger , Inc 5992 5 4,587,998 0 Haren Construction 7770 5 4,597,000 21,900 + Gilbert Engineering 999 5 4,740,150 0 State Utility Contractors 17793 5 4,755,000 0 Crowder Construction 2104 5 4,786,550 14,000 - TA Loving Company 325 5 5,280,000 50,000 - Bids received on July 9 , 2009 for the 16 ” water main contract Contractor Bid Bond Total Bid JF Wilkerson Morrisville , NC X 1,031,36951 Sanford Contractors , Inc Sanford , NC X 1,074,89155 Ellington Contractors , Inc Wake Forest , NC X 1,090,49890 State Utility Contractors Monroe , NC X 1,103,62150 Dellinger , Inc Monroe , NC X 1,122,39400 Wm J Keller & Sons Construction Raleigh , NC X 1,125,72545 Moffat Pipe , Inc Raleigh , NC X 1,134,90810 Sappah Brothers , Inc Wake Forest , NC X 1,148,79648 Hendrix - Barnhill Smithfield , NC X 1,159,76965 Atwell Construction Greenville , NC X 1,166,37794 Main Line Construction Durham , NC X 1,197,31000 Triangle Grading & Paving , Inc Burlington , NC X 1,197,97000 Seaside Environmental Constructors , Inc Raleigh , NC X 1,198,24360 Ralph Hodge Construction Co Wilson , NC X 1,217,95125 RD Braswell Construction Smithfield , NC X 1,232,54905 Blackmon Contracting Smithfield , NC X 1,248,18600 Vaughan Grading & Utilities , Inc Wake Forest , NC X 1,345,81900 H G Reynolds Henderson , NC X 1,400,39600Page1492 August 3 , 2009 – 10 00 am Continued Morgan Contracting , Inc Baker , FL X 1,473,21100 TA Loving Company Goldsboro , NC X 1,568,89500 Corrected Due to Mathematical Error Mr Broome presented the following current capital budget and the proposed amended capital budget for the project 208596 – Miex Project Orica Watercare Current Proposed Expenditures Budget Budget Technical Services 875,00000 840,00000 Construction 525,00000 5,619,36750 Equipment 0 2,350,00000 Easements 0 30,00000 Permits 0 40,00000 Contingency 0 320,63250 Total Expenditures 1,400,00000 9,200,00000 Revenues Transfer from Other Funds 1,400,00000 1,500,00000 ARRA Grant & Loans 0 3,000,00000 Water Quality “ Purchases ” 0 4,700,00000 by Water Districts Total Revenues 1,400,00000 9,200,00000 Orica Watercare 2,190,00000 High Service Pumps 160,00000 Mr Broome reported that when the project design started , staff anticipated qualifying for a State Revolving Fund low interest loan in the amount of approximately 5,000,000 which , with the water district contributions , would have provided sufficient funding The federal economic stimulus funding American Recovery and Reinvestment Act of 2009 temporarily pre - empted the SRF program The ARRA funding limit per project is 3,000,000 and consists of a zero interest loan for 1,500,000 and a grant for 1,500,000 He noted it will be necessary to appropriate additional funds in the amount of 100,000 from Fund 67 - Water to complete the project , if the Board chooses to award the contracts The water quality purchases by the water districts include 3,979,000 in USDA Rural Development loans and grants to seven water districts approved by the Board in December 2008 , along with 721,000 in USDA Rural Development grant funds left over and reallocated from the Little River Water District construction Mr Broome stated staff recommends adoption of the amended capital budget for the project as listed above , including the 100,000 Fund 67 capital appropriation , award of the Magnetic Ion Exchange – High Service Pump Additions contract to Dellinger , Inc of Monroe , NC , in the amount of 4,587,99800 , and award of the 16 ” Water Main contract to JF Wilkerson Contracting Company of Morrisville , NC , in the amount of 1,031,36951 , subject to the concurrence and approval of the Public Water Supply Section , Division of Environmental Health , NCDENR Mr Broome noted that if the Board approves the request , the Board will need to sit as the Little River Water District in order to reallocate the 721,000 in remaining USDA - RD grant funds to the project Commissioner Cookie Pope commented on the remaining 721,000 leftover from the Little River Water District project and asked if everyone in that district had received service that signed up for a tap Commissioner Pope expressed concerns with reallocating funds , if everyone in the district that requested a tap has not been served Mr Broome reported two rounds of pipeline extensions have been completed in the Little River Water District and most of the customers have received a tap He noted there are a couple of residents remaining ; however , they have been placed on a priority list to receive service in the near future Page2493 August 3 , 2009 – 10 00 am Continued Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board took the following actions , subject to the concurrence and approval of the Public Water Supply Section , Division of Environmental Health , NCDENR • Awarded the Magnetic Ion Exchange – High Service Pump Additions contract to Dellinger , Inc of Monroe , NC in the amount of 4,587,99800 ; • Awarded the 16 ” water main contract to JF Wilkerson Contracting Company of Morrisville , NC in the amount of 1,031,36951 ; • Approved the 100,000 Fund 67 capital appropriation ; and • Approved the amended capital project budget ordinance , as follows CAPITAL PROJECT ORDINANCE FOR MAGNETIC ION EXCHANGE ORICA WATERCARE PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is a 575 million gallon per day “ MGD ” magnetic ion exchange “ MIEX ” process addition for enhanced removal of organic carbon , post filtration chemical feed improvements , a 40 MGD high service pump station for delivery of water with “ freed chlorine ” secondary disinfection , and approximately 16,000 linear feet of 16 ” water main on Buffalo Road in and near Selma for interconnection of sections of distribution which will be served with “ free chlorine ” the “ MIEX Orica Watercare Project – Fund 208596 ” The purposes of the project are to improve water quality in the distribution system and to insure compliance with new federal regulations for disinfection byproduct concentrations in finished water The project is to be financed by an American Recovery and Reinvestment Act of 2009 “ ARRA ” revolving loan , an ARRA principal forgiveness loan , water quality purchases by County water districts which are funded by USDA Rural Development loans and grants to 7 water districts , reallocation of grant funds from the Little River Water District and County funds Section 2 The officers of the County are hereby directed to proceed with the capital project within the terms of the ARRA offers which are administered by North Carolina Department of Environment and Natural Resources “ NCDENR ” and the budget contained herein Section 3 The following amounts are appropriated for the project Construction 5,619,368 Equipment 2,350,000 Construction contingency 260,632 Technical services 840,000 Loan closing fees 60,000 Permits 40,000 Easements 30,000 Total 9,200,000 Section 4 The following revenues are anticipated to be available to complete this project ARRA revolving loan 1,500,000 ARRA principal forgiveness loan 1,500,000 Water quality purchases by water districts 3,979,000 Transfer from other funds 1,500,000 Transfer between projects LRWD 721,000 Total 9,200,000 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the NCDENR and the ARRA and the terms of the funding agreement shall be met Section 6 Funds may be advanced from the Water Fund for the purpose of making payments as due Reimbursement requests should be made to the North Carolina Department of Environment and Natural Resources in an orderly and timely manner Section 7 The Director of Finance is hereby directed to report annually on the financial status of each project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board , the Budget Officer and the Director of Finance for direction in carrying out this project Adopted this 3rd day of August 2009 11 Little River Water District – Budget Revision Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board recessed regular session to sit as the Little River Water District Board Commissioner W Ray Woodall moved the Board approve the following budget revision for the Little River Water District to reallocate remaining USDA - Rural Development grant funds to the MIEX and FreePage3494 August 3 , 2009 – 10 00 am Continued Chlorine Water Quality Improvements Projects Commissioner Cookie Pope seconded the motion , which carried by unanimous vote REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 71 86271800 Little River W D – Construction 721,00000 71 86279023 Little River W D – Transfer to Other Funds 721,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adjourned as the Little River Water District Board , and regular session was resumed 12 Permit For Irrigation of New Landscaping Chairman Wade M Stewart stated he had received a complaint over the weekend from a citizen upset that he had to purchase a permit in order to irrigate new sod he recently had installed in his yard Chairman Stewart questioned if the permit is still needed and how should he respond to citizens concerns Tim Broome , PE , Director of Utilities and Engineering , stated that the drought in 2007 was the driving factor for the implementation of the new landscaping irrigation permit fee He stated since that time , things have changed as well as the weather is improving and the County is moving towards a better position to secure more water supply sources He noted once the new sources are secured and the County is officially out of the drought , then perhaps the permit requirement could be revisited by the Board Mr Broome stated the permit has helped the County to meet peak demands on water 13 Budget Revisions County Finance Director Chad McLamb reviewed the proposed budget revisions with the Board Mr McLamb noted that the revision for EMS is a donation from the Mothershead Estate that is to be used specifically for Kenly EMS to benefit the Kenly residents County Attorney Mark Payne reported the Mothershead Estate donation was made possible by the late Ms Jesse Mothershead and Ms Kathleen Radford , Executrix for the Estate He noted that Ms Radford was very instrumental in making sure that the funds came to the Kenly EMS unit as was intended by Ms Mothershead Chairman Wade M Stewart commended the late Ms Jesse Mothershead for her donation to the Kenly EMS unit as well as the efforts by Ms Radford Commissioner Allen L Mims , Jr suggested sending a thank you letter to the estate through Ms Radford as well as asking the Kenly EMS unit to also send a thank you letter Commissioner W Ray Woodall moved the Board approve the following budget amendments , seconded by Commissioner Cookie Pope , and carried by unanimous vote EMS BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 53557400 Capital Outlay 29,22500 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 535536204 Rescue Squad Billings 29,22500 Health BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 59553300 Departmental Supplies 51,17000 10Page4495 August 3 , 2009 – 10 00 am Continued BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 595534155 NC Division of Public Health 51,17000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 10 59157050 Epidemiology – Non - Major Capital Outlay 5,65598 10 59207050 Adult Health – Non - Major Capital Outlay 39,95635 10 59257050 Maternal Health - Non - Major Capital Outlay 141,33465 10 59457050 Child Health - Non - Major Capital Outlay 97,68454 10 59607050 Family Planning - Non - Major Capital Outlay 32,14857 TOTAL NET EXPENDITURES 316,78009 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 460033990 Appropriation Fund Balance 316,78009 TOTAL NET REVENUE 316,78009 Jail BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 52003601 SCAAP Expenditures 32,50200 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 32,50200 Sheriff BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 10 51003350 Supplies – Sheriff Special 3,87443 10 51007414 Capital Outlay – Sheriff Special 106,80844 10 51007418 Capital Outlay – Drug Seizure 1,168,54900 TOTAL NET EXPENDITURES 1,279,23187 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 1,279,23187 TOTAL NET REVENUE 1,279,23187 14 Appointments Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board made the following appointments and granted waivers for length of service where needed A Johnston - Lee - Harnett Community Action – Reappointed Annie M Walker for a two year term to expire on August 31 , 2011 B Industrial Facility Pollution Control Financing Authority – Reappointed Eloise Moore and Michael de Sherbinin for six year terms to expire on August 31 , 2015 and granted waivers in the length of service policy for both individuals C Local Emergency Planning Commission SARA – Appointed Tim Britton representing Agriculture - Extension Services for a two year term to expire on August 31 , 2011 Page5496 August 3 , 2009 – 10 00 am Continued Other Appointments D Emergency Medical Services Advisory Committee Position Representing JCC – Continuing Education appointment tabled until September 8 , 2009 The Chairman called for a vote on the two applicants for the one position open representing Johnston Community College – Continuing Education The following votes were taken show of hands Voting for Susan Crisp Commissioners Wade M Stewart , W Ray Woodall , and Cookie Pope Voting for Linda Smith Commissioners Allen L Mims , Jr and Jeffrey P Carver Commissioners Allen L Mims , Jr and Jeffrey P Carver noted that Ms Crisp is not a resident of Johnston County and the policy of the Board of Commissioners specifies that such positions shall be held by county residents Following discussion on the matter , County Attorney Mark Payne advised that the policy belongs to the Board and the Commissioners could choose to waive the residency requirement for Ms Crisp or could possibly look at making a change to the policy to allow more flexibility Commissioner Jeffrey P Carver moved the Board rescind the previous votes on the appointment to represent JCC – Continuing Education and table the matter until the September 8 , 2009 meeting to allow time for staff to get clarification on the policy Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Two Positions Representing Active Members Involved in the Management of a First Responder Fire Department Marvin Kent Price and Chris Wayne Ellington were appointed to the EMS Advisory Board for three year terms to expire on August 31 , 2012 via the following votes show of hands Voting for Patrick Harris None Voting for Alan Johnson None Voting for Marvin Kent Price Commissioners Jeffrey P Carver , Allen L Mims , Jr , Wade M Stewart , and W Ray Woodall Voting for Chris Wayne Ellington Commissioners Jeffrey P Carver , Allen L Mims , Jr , Cookie Pope , and W Ray Woodall Voting for Johnny Chris Byrd Commissioners Wade M Stewart and Cookie Pope Four Positions Representing General Public Rudy Baker and Larry Massengill were reappointed ; and Joe David Austin and Linda Smith were appointed to the EMS Advisory Board for three year terms to expire on August 31 , 2012 via the following votes show of hands Voting for Rudy Baker Commissioners Jeffrey P Carver , Allen L Mims , Jr , Wade M Stewart , Cookie Pope , and W Ray Woodall Voting for Larry Massengill Commissioners Jeffrey P Carver , Allen L Mims , Jr , Wade M Stewart , Cookie Pope , and W Ray Woodall Voting for Christopher Colangelo Commissioners Jeffrey P Carver and Allen L Mims , Jr Voting for Joe David Austin Commissioners Jeffrey P Carver , Allen L Mims , Jr , Wade M Stewart , Cookie Pope , and W Ray Woodall Voting for Patrick Harris NonePage6497 August 3 , 2009 – 10 00 am Continued Voting for Alan Johnson None Voting for Johnny Chris Byrd None Voting for Linda Smith Commissioners Wade M Stewart , Cookie Pope , and W Ray Woodall E Hospital Authority Board of Commissioners The Board began a deliberation regarding whether or not to keep the Hospital Authority Board of Commissioners membership at ten positions or reduce the membership to nine positions See Board of Commissioners Minutes regarding Hospital Authority appointments from the December 5 , 2005 10 00 am meeting – note that action from the December 5 , 2005 meeting to reduce the membership to nine members in September 2006 did not occur Staff informed the Board that the issue would need to be addressed before proceeding with the appointments Motion to Keep the Membership at 10 Positions and Reappoint Existing Members motion fails Commissioner W Ray Woodall noted that there are two large construction projects presently ongoing that he would like to see completed before making changes to the Hospital Authority’s membership Commissioner Woodall moved the Board keep the membership at ten positions for one year and further moved the Board nominate Dr Robert Bylciw and Alan B Chip Hewett for reappointment Commissioner Cookie Pope seconded the motion Further Discussion Commissioner Allen L Mims , Jr stated he would prefer to table a decision on the Hospital Authority th appointments until the September 8 meeting when the full Board would be present to discuss the issue of the membership Commissioner Jeffrey P Carver agreed with Commissioner Mims and noted his concerns with having a ten member board , pointing out that it could create situations of a tie vote The Chairman called for a vote on Commissioner Woodall’s motion Vote The motion failed by the following vote Ayes Commissioners W Ray Woodall and Cookie Pope Nays Commissioners Wade M Stewart , Allen L Mims , Jr , and Jeffrey P Carver Motion to table Hospital Authority Appointments until September 8 , 2009 meeting motion passes Commissioner Jeffrey P Carver moved the Board table the Hospital Authority appointments until the September 8 , 2009 meeting Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , and Jeffrey P Carver Nays Commissioners W Ray Woodall and Cookie Pope 15 2011 Revaluation Update Tax Administrator Pat Goddard introduced Fred Pearson of Pearson Appraisals , the vendor for the 2011 Revaluation , as well as Johnston County Tax Office Real Estate Supervisor Sheila Garner Mr Pearson provided the Board with a background of his company and noted they have over 30 years experience with over 50 employees He stated they occupy office space in Smithfield and their home office is located in Richmond , Virginia Mr Pearson also noted that his company performed the 1995 Revaluation forPage7498 August 3 , 2009 – 10 00 am Continued the County Mr Pearson reported on some of the revaluations they have performed for surrounding counties in North Carolina including Nash , Wake , Sampson , Edgecombe , and Duplin Counties Ms Goddard updated the Board on current project tasks associated with the revaluation including the oblique imagery project for comparison of tax records to existing structures Ms Goddard provided the Board with examples of the oblique images and how the Tax Office uses them to compare tax records She stated a review of residential improvements in the County began in September 2008 by the Tax Office staff which was completed in December 2008 Ms Goddard noted that field checking of any discrepancies is ongoing with completion expected by early September 2009 She reported the street level images project by Yotta MVS was completed in April 2009 and every parcel with an improvement in Johnston County has been visited with the image updated Ms Goddard reported on the current work tasks ongoing , as follows – Field verification of discrepancies by Tax Office staff and Pearson – Commercial oblique imagery review and field work by Pearson – Field review of vacant land sales by Pearson – Field review to determine changes in neighborhoods and market areas by Pearson – Field review of mobile home parks by Pearson She concluded the presentation by outlining near future tasks , as follows – Cell tower site market study – Billboard site market study – Farm operations visits – Determination of land pricing schedule – Market study of commercial construction costs late 2009 early 2010 – Press releases and public relations are ongoing – Lots of work left to do 16 Delinquent Tax Collection Report Tax Administrator Pat Goddard reported on the collection of delinquent taxes for the month of July 2009 She noted in addition to garnishments and bank attachments , four foreclosure complaints were filed resulting in a collection of 6,84956 As of July 31 , 2009 , the Tax Department has collected 047 of the real and personal levy for 2009 , and 4470 of the motor vehicle levy Through the NC State Debt Setoff Program , 13 accounts have been paid for a total of 1,89362 as of July 31 , 2009 The 2009 tax bills were mailed on July 31 , 2009 17 Manager Reports and Comments A Grant Bond Funds – Landfill Gas to Energy Project County Manager Rick Hester requested the Board’s approval to allow staff to seek and apply for all non - binding grant funds and or bonds that could be used to possibly finance the Landfill Gas to Energy Project Mr Hester noted that this action would neither commit the Board nor direct staff to pursue pre - construction bids on the Project without further Board action Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved for staff to seek and submit non - binding grant fund and bond applications for the Landfill Gas to Energy Project , with the understanding that any decision to move forward with the project and advertise for bids would be requested by staff and approved by the Board at a later date B Closed Session The County Manager requested a closed session pursuant to NCGS § 143 - 31811 a 5 Acquisition of Property 18 Board Reports and Comments A Appointment to Board of Equalization and ReviewPage8499 August 3 , 2009 – 10 00 am Continued Chairman Wade M Stewart informed the Board that Bob Todd of Benson has submitted his application for appointment to the Board of Equalization and Review to represent District 4 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board appointed Mr Todd to serve on the Board of Equalization and Review to represent District 4 with a term expiring April 30 , 2013 B Letter regarding Cap and Trade and Letter to NCACC Chairman Wade M Stewart requested that the Clerk include in the minutes the text from the letters that were recently sent to US Senators regarding Cap and Trade Chairman Stewart further requested that the text from a recent letter sent to the NCACC be included in the minutes as well The text from the letters follows Cap & Trade Letter Dear US Senator I have the honor to se