April 7, 2008 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 666 Meeting of the Johnston County Board of Commissioners April 7 , 2008 10 00 am The Johnston County Board of Commissioners met in regular session Monday , April 7 , 2008 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , 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 , John R Massey , Finance Officer , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk Chairman Cookie Pope called the meeting to order at 10 00 am Commissioner Tony Braswell led those in attendance in the pledge of allegiance to the American flag Commissioner W Ray Woodall opened the meeting with a prayer 1 Approval Discussion of Agenda Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items 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 A Approval of Minutes – February 29 , 2008 Work Session ; and March 3 , 2008 10 00 am & 6 00 pm B Adoption of Proclamation – Protecting Our Children – National County Government Week – April 6 - 12 , 2008 , as follows National County Government Week - April 6 – 12 , 2008 Protecting Our Children WHEREAS , the nation’s 3,066 counties provide a variety of essential public services to communities serving 300 million Americans ; and WHEREAS , counties take seriously their responsibility to protect and enhance the health , welfare and safety of its residents in sensible and cost - effective ways ; and WHEREAS , many county government services directly touch the lives of children and families ; and WHEREAS , in 13 states , all or some of the counties are responsible for child welfare and foster care systems ; and WHEREAS , more than 500,000 children are in foster care , removed from their families , as a result of suspected abuse or neglect ; and WHEREAS , one in five girls and one in ten boys will be sexually victimized before adulthood ; and WHEREAS , the National Association of Counties is the only national organization that represents county governments in the United States ; and WHEREAS , the National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet the needs of the community ; and WHEREAS , in recognition of the leadership , innovation and valuable service provided by the nation’s counties , especially in the protection and welfare of children , NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners do hereby proclaim April 6 – 12 , 2008 as National County Government Week in Johnston County th Adopted this the 7 day of April , 2008 C Adoption of Proclamation – National Telecommunicator’s Week – April 13 - 19 , 2008 , as follows National Telecommunicator’s Week April 13 - 19 , 2008 WHEREAS , emergencies can occur at anytime that require police , fire or emergency medical services ; the E - 911 Communications Center was created to provide a vital contribution to the quality of life enjoyed by citizens and visitors to Johnston County ;Page667 April 7 , 2008 – 10 00 am Continued WHEREAS , when an emergency occurs , the access to a 911 center dramatically improves the prompt response of police officers , firefighters and paramedics is critical to the protection of life and preservation of property ; WHEREAS , the telecommunicators are trained , prepared and ready ; the safety of our police officers , firefighters and EMS personal are dependent upon the quality and accuracy of information obtained from citizens who telephone the Johnston County E - 911 Communications Center ; WHEREAS , Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services ; WHEREAS , Public Safety Telecommunicators are the single vital link for our police officers , firefighters and EMS personnel by monitoring their activities by radio , providing them information and insuring their safety ; WHEREAS , Public Safety Telecommunicators of the Johnston County E - 911 Communications Center have contributed substantially to the apprehension of criminals , suppression of fires and treatment of patients ; WHEREAS , each telecommunicator has exhibited compassion , understanding and professionalism during the performance of their job ; WHEREAS , National Telecommunicator’s Week will serve to recognize the Telecommunicators of Johnston County who provide a vital public safety service ; THEREFORE BE IT RESOLVED , that the Board of Commissioners of the County of Johnston , hereby proclaim and th th declares the week of April 13 – 19 , 2008 as National Telecommunicator’s Week in Johnston County , in honor of the men and women whose diligence and professionalism keep our county and citizens safe th Adopted this the 7 day of April , 2008 D Adoption of Proclamation – Litter Sweep Spring 2008 – April 19 through May 3 , 2008 , as follows PROCLAMATION SPRING LITTER SWEEP 2008 WHEREAS , the North Carolina Department of Transportation organizes an annual spring statewide roadside cleanup to ensure clean and beautiful roads in North Carolina ; and WHEREAS , the spring 2008 LITTER SWEEP roadside cleanup will take place April 19 through May 3 , 2008 , and encourages local governments and communities , civic and professional groups , businesses , churches , schools , families and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups ; and WHEREAS , Adopt - A - Highway volunteers , Department of Transportation employees , Department of Correction inmates and community service workers , local government agencies , community leaders , civic and community organizations , businesses , churches , schools , and environmentally concerned citizens conduct annual local cleanups during LITTER SWEEP and may receive certificates of appreciation for their participation ; and WHEREAS , the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians , attracting tourists and aiding in recruiting new industries ; and WHEREAS , the cleanup will increase awareness of the need for cleaner roadsides , emphasize the importance of not littering , and encourage recycling of solid wastes ; and WHEREAS , the 2008 spring cleanup will celebrate the 20th Anniversary of the North Carolina Adopt - A - Highway program and its 6,000 volunteer groups that donate their labor and time year round to keep our roadsides clean ; and WHEREAS , the LITTER SWEEP cleanup will be a part of educating the children of this great State regarding the importance of a clean environment to the quality of life in Johnston County and North Carolina ; and NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim April 19 through May 3 , 2008 as LITTER SWEEP time in Johnston County , and urges all citizens to take an active role in making their communities cleaner th Adopted this the 7 day of April , 2008 E Adoption of Resolution of Appointment – Deputy Map and Plat Review Officer Heather Gerrell , as follows 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 Heather Gerrell of the Johnston County Inspections Department as a Johnston County Deputy Map and Plat Review Officer th Adopted this the 7 day of April , 2008 F Call for Public Hearing – Proposed Amendment to Code of Ordinances - Section 10 – Emergency Services Public hearing scheduled for May 5 , 2008 10 00 am meeting to allow for public comment on proposed ordinance amendments to Section 10 Emergency Services of the Ordinances Page668 April 7 , 2008 – 10 00 am Continued G Tax Releases & Refunds – 02 16 2008 – 03 15 2008 Year Bill # Acct # Name Tran Type Paid 2007 0712 - 713538 0709 - 790138 V A U L TRUST Tag Surrender 11080 2007 0802 - 735043 0711 - 810135 PRICE , RENA EDWARDS Release 13226 2007 0708 - 659213 0705 - 727686 ROBERTSON , GLADYS MAE Overpayment 12770 2007 0712 - 711565 0709 - 787290 SOLES , GLENN JEFFREY Release 30830 2007 0802 - 728904 0711 - 813744 THOMPSON , JOHN EDWARD Release 13285 2007 0802 - 728905 0711 - 811782 THOMPSON , JOHN EDWARD Release 18743 2007 0802 - 735437 0711 - 806724 PROCTOR , ANGELA PEARCE Release 12422 2007 0802 - 735288 0711 - 810127 GURLEY , COOPER VAN Release 11348 2007 0802 - 732978 0711 - 808002 ASHBY , MICHAEL DAVID Release 11997 2007 0802 - 737738 0711 - 813232 THURMAN , DARLISA NOELLE Release 16875 2007 0801 - 722014 0710 - 794339 NOWELL , STANLEY RUFUS Release 13498 2007 0707 - 647055 0704 - 715082 LOFTON , TANGELA MICHELLE Overpayment 17229 2007 0802 - 733246 0711 - 812412 HEIN , SEAN PAUL Release 37053 2007 0802 - 728967 0711 - 811820 BALLENTINE , SCOTT ANTHONY Release 25576 2007 0709 - 665983 0706 - 737312 HOLLIDAY , LORRIANNE Overpayment 16355 2007 0802 - 731869 0711 - 814506 TAYLOR , JOSHUA EUGENE Release 31274 2007 0707 - 637050 0704 - 713968 BLACKMAN , JOHN ANDREW Overpayment 13048 2007 0802 - 730886 0711 - 813788 HOLLIDAY , MORRIS WAYNE Release 16760 2007 0709 - 666439 0706 - 737975 MCCARTHY , JAMES RAYMOND Overpayment 16615 2007 0802 - 735863 0711 - 806844 GASKILL , ALBERT ROWE Release 68554 2007 0801 - 716983 0710 - 803155 OWEN , JEWEL ANN Release 11654 2007 0708 - 651175 0705 - 724369 ANDERSON , KENNIETH RAY Release 14673 2007 0802 - 729034 0711 - 809529 BOUCHER , MICHAEL PAUL Release 24849 2007 0710 - 684652 0707 - 759394 PRUITT , PENNY MEAD Tag Surrender 11954 2007 0707 - 640155 0704 - 711938 RHODES , COLLEEN MOEN Overpayment 13018 1998 9810 - 514103 9808 - 702839 AGUILAR , MANUEL ELISONDO Overpayment 26219 2007 0707 - 640999 0704 - 707567 BEASLEY , PATRICIA HARTZELL Overpayment 16794 2007 0709 - 671595 0706 - 737955 BENTON , DONALD RAY Overpayment 34842 2007 0709 - 675093 0706 - 746127 BROOKS , ELSIE BANKS Overpayment 29608 2007 0708 - 656875 0705 - 725157 BROWN , WILLIE RAYMOND Overpayment 15522 2007 0708 - 659859 0705 - 727351 CAMPBELL , GLADYS Overpayment 23100 2006 0705 - 618481 0702 - 684086 CHOPE , TINA PARKER Overpayment 13364 2006 0701 - 573047 0610 - 635428 CROWDER , MARKEITTA LYNNETTE Overpayment 10600 2006 0702 - 576989 0611 - 642209 DARDEN , EMILY ENNIS Overpayment 13626 2006 0703 - 595931 0612 - 658744 DEGRAFFENRIED , YVETTE DELORIS Overpayment 18135 2007 0708 - 658557 0705 - 720817 DIXON , ANITA ARNETTE Overpayment 15789 2006 0705 - 612576 0702 - 686816 DOWNER , WILLIAM THOMAS Overpayment 14755 2007 0709 - 673777 0706 - 737305 EASON , LYNETTE JUARIA Overpayment 15400 2006 0611 - 550369 0608 - 609526 FUENTES , MIGUEL Overpayment 17614 2007 0708 - 657924 0705 - 726228 GILL , LORI CUTLER Overpayment 13834 2006 0608 - 511756 0605 - 564140 HILL , WILLIAM PAUL Overpayment 29500 2007 0709 - 672555 0706 - 746243 HINTON , RONALD GERALD Overpayment 23372 2007 0708 - 660338 0705 - 730374 HOLMES , BOBBY WAYNE Overpayment 43803 2002 0304 - 051179 0301 - 049621 HYATT , STEPHEN RAY Overpayment 19855 2006 0704 - 600989 0701 - 673183 JONES , FELICIA DENISE Overpayment 18400 2007 0709 - 666181 0706 - 737700 KELLMAN , SCOTT DAVID Overpayment 12559 2007 0802 - 732675 0711 - 806337 MITCHELL , ANTHONY DEWAYNE Overpayment 11248 2006 0705 - 615146 0702 - 685674 MONTOYA , DELYNN NICOLE Overpayment 13068 2007 0802 - 736165 0711 - 803846 MOORE , STEVEN EARL Overpayment 37698 2007 0709 - 671875 0706 - 736416 NORRIS , MARIE LOVING Overpayment 10714 2005 0604 - 462648 0601 - 515504 NOWAK , JR , CHARLES ANTHONY Overpayment 18594 2007 0709 - 674397 0706 - 737693 OLIVER , JASON THOMAS Overpayment 24734 2006 0705 - 617236 0702 - 681692 PHILLIPS , SALLY ANN Overpayment 10230 2006 0701 - 568697 0610 - 629743 PRATT , DARLENE ELLIS Overpayment 15895 2007 0709 - 674522 0706 - 745357 RAYNOR , JR , RUDOLPH Overpayment 15378 2006 0705 - 622581 0702 - 681184 RHODES , BARBARA Overpayment 22635 2006 0704 - 601787 0701 - 667060 ROSARIO , JACOB NICHOLAS Overpayment 13708 Page669 April 7 , 2008 – 10 00 am Continued 2006 0705 - 620807 0702 - 687343 RUFFIN , JR , RALPH WALDO Overpayment 16604 2006 0705 - 620815 0702 - 682286 RYDER , PAUL GLENN Overpayment 14550 2001 0112 - 882376 0109 - 129856 SANDERS , SYRETTA LYNETTE Overpayment 15543 2006 0701 - 571988 0610 - 636886 SKINNER , JOSHUA JERMIAH Overpayment 19863 2005 0512 - 413439 0509 - 464867 STRICKLAND , BERTHA RAE Overpayment 15731 2006 0705 - 610796 0702 - 678842 SUTTON , MICHELLE ANDERSON Overpayment 13738 2007 0707 - 646083 0704 - 711304 TAYLOR , JUDY LAVERNE Overpayment 13536 2007 0708 - 659474 0705 - 722235 TEDDER , JOY KAYE Overpayment 19797 2007 0707 - 647824 0704 - 715570 WILLIAMS , WILLA ANN Overpayment 11656 2006 0703 - 588785 0612 - 652426 WILSON , EDDIE SHANE Overpayment 23388 2006 0706 - 623193 0703 - 692395 YOUNG , RAYMOND ALEXANDER Overpayment 17113 2006 0705 - 622354 0702 - 678802 YOW , KIMBERLY ANNE Overpayment 12604 2007 0708 - 653996 0705 - 729415 WILLIAMS , SONYA DENISE Overpayment 18956 2007 0709 - 663813 0706 - 744941 DUDLEY , REGINA MARIE Overpayment 37100 2007 0709 - 663647 0706 - 745107 BLACKMAN , JERRY ALLEN Overpayment 36357 2007 0709 - 667217 0706 - 735774 SMITH , RHONDA KAY Overpayment 47607 2007 0802 - 738462 0711 - 806854 PARKER , DANIEL LEE Overpayment 36393 2006 0704 - 605828 0701 - 673236 BLAKE , JR , SAM Overpayment 44478 2007 0711 - 703376 0708 - 776593 GORLESKY , MARK ADAM Release 23632 2007 0708 - 652499 0705 - 731167 JONES , JENNIFER MARIE Overpayment 22310 2007 0709 - 671875 0706 - 736416 NORRIS , MARIE LOVING Void Refund 10714 2002 0304 - 051179 0301 - 049621 HYATT , STEPHEN RAY Void Refund 19855 2007 0708 - 656875 0705 - 725157 BROWN , WILLIE RAYMOND Void Refund 15522 2006 0704 - 606889 0701 - 663792 MARTINEZ , MIGUEL ANGEL Void Refund 21891 2007 0708 - 652499 0705 - 731167 JONES , JENNIFER MARIE Void Refund 22310 2007 0708 - 652499 0705 - 731167 JONES , JENNIFER MARIE Overpayment 22163 2007 0712 - 712392 0709 - 780312 STALLINGS , JAMES CARL Release 10441 2007 0802 - 737555 0711 - 813333 RICKER , DANNY RAY Tag Surrender 11108 2007 0802 - 730477 0711 - 811082 EDWARDS , CAROLYN HUGHES Release 10147 2007 0802 - 734709 0711 - 810045 PATE , KIMBERLY STRICKLAND Release 10802 2007 0802 - 735011 0711 - 812569 LEWIS , DERRICK WAYNE Release 15643 2007 0711 - 700095 0708 - 771681 LEWIS , DIANE MARIE Release 10044 2007 0712 - 715725 0709 - 789207 MARTIN , III , CHARLES DAYTON Overpayment 10513 2007 0708 - 651092 0705 - 727005 WYATT , JOAN ELIZABETH Overpayment 14114 2007 0802 - 735287 0711 - 807986 GREEN AND CLEAN INC Release 10707 2007 0802 - 736704 0711 - 808279 CARTER , RENA MCELHANNON Release 21910 2007 0710 - 684636 0707 - 752770 PITTMAN , MELBA FERRELL Overpayment 10384 1999 9911 - 638701 9909 - 831974 SPIVEY , JONATHAN WORTH Overpayment 10336 2007 0710 - 679242 0707 - 758340 EPPS , RUTH BIERWIRTH Release 22727 2007 0709 - 673253 0706 - 743987 WATSON , CHRISTY CHERIE Overpayment 14624 2007 0709 - 672184 0706 - 743670 BATTEN , BRIAN PATRICK Overpayment 21937 2007 0708 - 659095 0705 - 723093 PEEDIN , JEREMY NATHANIEL Overpayment 17322 2007 0707 - 647055 0704 - 715082 LOFTON , TANGELA MICHELLE Overpayment 16047 2007 0708 - 661578 0705 - 731945 KEYES , JR , JESSE LEE Overpayment 21084 2007 0802 - 731388 0711 - 811239 NIEWOEHNER , PAUL ERWIN Release 77748 2007 0803 - 740645 0712 - 818353 WHITE , HAROLD LEE Release 10414 2006 0704 - 606457 0701 - 667204 CORDERO , EUNICE Overpayment 10573 2007 0708 - 659999 0705 - 728698 DAVIS , LEONARD ARTIS Overpayment 24888 2006 0705 - 613715 0702 - 682312 PASCUAL , EPIGMENIO Overpayment 25909 2003 0308 - 094860 0305 - 101649 PRINCE , CHRISTOPHER KEVIN Overpayment 10340 2007 0710 - 680845 0707 - 755267 SMITH , SCOTT JAMES Overpayment 12297 2006 0701 - 566813 0610 - 631162 VICIOSO , JUAN DANIEL CABRERA Overpayment 17698 2007 0801 - 720462 0710 - 792152 WARREN , APRIL ALISON Overpayment 24512 2007 0709 - 668701 0706 - 744887 WILLIAMS , HILDA WILSON Overpayment 14237 2007 0708 - 661798 0705 - 730052 CALDERON , HENRY Overpayment 30986 2007 0709 - 674623 0706 - 738334 SETTLES , CHERYLE LYNETTE Overpayment 34078 2007 0709 - 669446 0706 - 743148 TAYLOR , NARKISE YOLANDA Overpayment 16000 2006 0705 - 620678 0702 - 682642 PHILLEY , MARY JONES Overpayment 10940 2007 0802 - 737518 0711 - 803636 PUCKETT , TONIA MARIE Overpayment 12639 2007 0709 - 672730 0706 - 738240 LONG , JEFFREY SCOTT Overpayment 13435 2007 0803 - 740400 0712 - 826022 OLVERA , JULIO Overpayment 15967 2003 0403 - 164656 0312 - 175875 HARGIS , TRENT ANDERSON Overpayment 14829 PagePage pageNumber5670 April 7 , 2008 – 10 00 am Continued 2007 0709 - 675582 0706 - 745302 HOLDER , CHANDA TUCKER Overpayment 20848 2007 0709 - 668406 0706 - 745723 NORRIS , BECKY ANN Overpayment 11561 2006 0705 - 612757 0702 - 683316 GASKINS , ANTHONY MAURICE Overpayment 11363 2006 0706 - 631401 0703 - 697742 HARE , RHONDA MICHELLE Overpayment 10744 2007 0708 - 661318 0705 - 725464 WHITLEY , CHESTER Overpayment 33591 2006 0706 - 631057 0703 - 697451 ROBERTS , MARSHALL EUGENE Overpayment 11423 2007 0803 - 740138 0712 - 821045 JOHNNY ADAMS INC Release 11487 2007 0803 - 740140 0712 - 825217 JOHNNY ADAMS INC Release 33509 2007 0710 - 677821 0707 - 750701 LOPEZ , MARIA SALINAS Overpayment 18357 2007 0803 - 740141 0712 - 825545 JOHNNY ADAMS INC Release 38369 2007 0710 - 677821 0707 - 750701 LOPEZ , MARIA SALINAS Void Refund 18357 2007 0803 - 740400 0712 - 826022 OLVERA , JULIO Void Refund 15967 2006 0706 - 631057 0703 - 697451 ROBERTS , MARSHALL EUGENE Void Refund 11423 2007 0709 - 668701 0706 - 744887 WILLIAMS , HILDA WILSON Void Refund 14237 2007 0803 - 746971 0712 - 824391 HOLDER , GEORGE Release 15738 2005 0512 - 411629 0509 - 459914 SCHRAM , KRISTY LYNN Release 11323 2005 0601 - 422182 0510 - 474398 SCHRAM , KRISTY LYNN Release 16632 2006 0704 - 602332 0701 - 669874 WINSTON , ANTHONY LAMORE Tag Surrender 13208 2007 0803 - 747628 0712 - 825883 AREY , DWIGHT VESTAL Release 11760 2007 0712 - 712198 0709 - 788553 GODWIN , WILMA PEARCE Release 15334 2007 0803 - 741132 0712 - 823228 CLARK , JENNI CHRISTINE Release 11109 2007 0803 - 742780 0712 - 823345 STONE , MATTHEW WADE Release 28141 2007 0708 - 651172 0705 - 731714 ANCION , SAMMY SHANE Overpayment 19533 2007 0803 - 750204 0712 - 814597 LYON FINANCIAL SERVICES Release 31290 2007 0803 - 742083 0712 - 825599 MALATESTA , ROBERT LEAGUE Release 17875 2007 0802 - 736510 0711 - 807002 WOODIE , BRIAN EUGENE Release 10148 2007 0710 - 678695 0707 - 750966 BLANDFORD , MAUREEN LOUISE Overpayment 11344 2007 0801 - 722208 0710 - 802916 TAYLOR , SCOTT IAN Tag Surrender 11704 2007 0803 - 742238 0712 - 818128 MOSES , JEFFREY MICHAEL Release 10559 Real Personal Property Releases 2 22 2008 10 30 58 124 JAMES 2001 - 044488 2000066009 MARTINEZ , JOSE 19411 2 27 2008 13 11 53 124 JAMES 1998 - 081724 2000061439 PRATT , MALINDA DENISE 20866 2 27 2008 13 12 45 124 JAMES 1998 - 081723 2000061439 PRATT , MALINDA DENISE 24895 2 27 2008 13 13 49 124 JAMES 1999 - 052003 2000061439 PRATT , MALINDA DENISE 19216 3 13 2008 9 20 20 124 JAMES 2007 - 023271 2000102311 DOROTEO , FRANSISCO REYES 39953 3 14 2008 15 22 26 121 CATHY 2003 - 026479 2000089793 G E CAP INF TECH SOL 82620 3 14 2008 15 24 22 121 CATHY 2004 - 027106 2000089793 G E CAP INF TECH SOL 74359 3 14 2008 15 25 37 121 CATHY 2005 - 027458 2000089793 G E CAP INF TECH SOL 65179 3 14 2008 15 27 01 121 CATHY 2006 - 028216 2000089793 G E CAP INF TECH SOL 55999 3 14 2008 15 28 38 121 CATHY 2007 - 028997 2000089793 G E CAP INF TECH SOL 50601 Real Personal Property Refunds 2 25 2008 10 37 43 319 JACKIE 2007 - 082442 2000118595 TRIGGS , DALLAS 32982 2 26 2008 9 55 59 189 TERI 2001 - 044488 2000066009 MARTINEZ , JOSE 30281 3 3 2008 9 08 59 189 TERI 2007 - 061728 2000108643 PAINTER , SAMUEL GREGORY 79054 3 5 2008 9 07 53 319 JACKIE 2007 - 087334 94913315 WIGGINS , R LAWRENCE , JR 27361 3 10 2008 9 48 37 145 MELISSA 2007 - 034134 2000120804 HAWLEY , VERNON JACKIE 58012 3 11 2008 7 55 17 189 TERI 1999 - 052003 2000061439 PRATT , MALINDA DENISE 37600 3 14 2008 13 36 34 121 CATHY 2007 - 017045 2000065352 COATS , JERISE L AND 45862 3 14 2008 15 23 24 121 CATHY 2003 - 026479 2000089793 G E CAP INF TECH SOL 82620 3 14 2008 15 24 53 121 CATHY 2004 - 027106 2000089793 G E CAP INF TECH SOL 74359 3 14 2008 15 26 09 121 CATHY 2005 - 027458 2000089793 G E CAP INF TECH SOL 65179 3 14 2008 15 27 49 121 CATHY 2006 - 028216 2000089793 G E CAP INF TECH SOL 55999 3 14 2008 15 29 14 121 CATHY 2007 - 028997 2000089793 G E CAP INF TECH SOL 50601 March 17 , 2008 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 02 16 08 to 03 15 08 Tax refunds - Personal Real Property 1,11982 Tax releases - Personal Real Property 48450 Motor Vehicle releases refunds 9,61832 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer John R Massey PagePage pageNumber6671 April 7 , 2008 – 10 00 am Continued 3 Public Comments A Boys & Girls Club of Johnston County Frank Wood , Vice Chairman for the Boys & Girls Club of Johnston County , thanked the County and the Board of Commissioners for their past support and contributions Mr Wood reported the Club is currently located in Selma and is presently serving 125 children , which is their maximum capacity He noted the Club has also held parenting classes for the parents involved in the organization , with over 30 parents in attendance , and they feel they are making a difference in the County B Public Health Month – April 2008 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the following proclamation , as adopted by the Johnston County Board of Health and read aloud by Health Director Dr Marilyn Pearson , to be inserted into the minutes Public Health Month 2008 By the Board of Health of Johnston County A Proclamation WHEREAS , we hereby recognize and acknowledge 128 years of public health service to the residents of North Carolina , and the immeasurable contribution of theses services to the quality of life in our State ; and WHEREAS , public health measures to control and eliminate infectious diseases , improve environmental sanitation , and promote healthy lifestyle practices have been the greatest cause of improved health status and increased life expectancy for North Carolina’s residents ; and WHEREAS , a continued focus on prevention has resulted in a 16 percent decline in heart disease since 2000 , a 22 percent decline in stroke deaths since 2000 , and a 17 percent decline in the teen pregnancy rate among minorities since 2000 ; and WHEREAS , North Carolina’s public health system is a critical component of the state’s emergency response capacity , particularly with respect to the threat of terrorist - sponsored attacks on North Carolina ; NOW , THEREFORE , we , The Board of Health of Johnston County , do hereby proclaim April 2008 as “ PUBLIC HEALTH MONTH ” in Johnston County and urge our citizens to recognize that public health is working to ensure that all residents of Johnston County are protected from threats such as influenza , food - borne disease and cardiovascular disease 4 911 Communications – Extension of Moratorium on Road Name Changes At the request of Jason Barbour , Director of 911 Communications , Commissioner DeVan Barbour moved the Board extend the moratorium on road name changes for an additional five years , with the exception of issues where safety is a concern Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 5 911 Communications – Presentation – “ Future of 911 in Johnston County ” Jason Barbour , Director of 911 Communications , provided an update to the Board regarding future projects the Department will be undertaking , as follows • Upgrading the existing 911 phone system to a Next Generation 911 Technology ; and replacing the dispatch consoles to modern technology Mr Barbour reported the current 911 phone system is approximately eight years old and has outgrown today’s technology He indicated the Department hopes to complete an upgrade by the end of 2008 to the Next Generation 911 Technology as well as replace the dispatch consoles The upgrade is being paid for by 911PagePage pageNumber7672 April 7 , 2008 – 10 00 am Continued revenues the County receives from the State Mr Barbour noted the current system , like all other systems nationwide , was designed to be voice driven and is unable to receive new communication methods such as text messaging and e - mailed images Mr Barbour hopes that once the 911 industry is ready to begin receiving the newer types of communications , the Next Generation 911 Technology and the new modern dispatch consoles will allow the Department to be prepared to receive those communications • Replacing the 911 Backup Center Mr Barbour recalled when he first became the Director of the Department , the 911 Center had no where to go , in the event of a bomb threat or other emergency He stated currently , the County does have a backup center located at the Johnston County Landfill ; however , it no longer meets State standards and is not a self supporting center Mr Barbour explained the current backup center is dependent on the same phone system as the main center which is located in the Courthouse , and in the event the main system fails , the backup center would also be incapacitated Mr Barbour reported the Department hopes to have in place , by the end of 2008 , a new backup center at the new Clayton tower site which will be independent of the main center and self sufficient Mr Barbour stated the plan is to move furniture from the main center to the Clayton site and purchase new furniture for the main center He noted most of the cost for the new backup center will be funded with the 911 revenue money ; however , additional funds will be required from the County to purchase the building and cover moving expenses for the radio equipment since the law prohibits 911 revenues to be used on purchasing a building or radio expenses Mr Barbour indicated he hopes to apply the savings from the new Clayton tower site towards the new backup center costs Commissioner Jeffrey P Carver asked if the Town of Clayton has approved the site for the new backup center Mr Barbour reported the process of getting the Town of Clayton’s approval has begun and a neighborhood meeting has been scheduled with the adjacent property owners to inform them of the project and get their input At the inquiry of Commissioner DeVan Barbour , Mr Barbour reported the existing backup center has been utilized seven times since its opening eight years ago Mr Barbour stated the most important feature with the new backup center is the fact that it will be completely self supporting and will not have to rely on the main center He noted the only downtime he anticipates in transferring to the new backup center would be travel time for the employees to the center Commissioner Carver asked if the County has received any inquires from national carriers to co - locate on the Clayton tower Mr Barbour reported there has been no interest to date , by national carriers In response to Commissioner Allen L Mims , Jr , Mr Barbour stated he has not received any interest from the Town of Clayton to co - locate on the new tower He noted he has received an initial contact from one of the FM radio stations located in Raleigh ; however , they have not filed a formal application Commissioner Tony Braswell and Chairman Cookie Pope both expressed their appreciation to Mr Barbour and his staff for their efforts in making sure the County has the very best 911 system 6 Public Hearing 10 15 am – Economic Development Incentive Grant Advertised March 26 , 2008 The Smithfield Herald The Chairman opened the public hearing and called on Economic Development Director Michael de Sherbinin to address the Board Michael de Sherbinin , Johnston County Economic Development Director , stated the purpose of the hearing is to consider an Economic Development Incentive Grant EDIG between the County , the Town of Kenly , and Iowa 80 for a proposed 5 - 8 million expansion at their Kenly operation Mr de Sherbinin reported the EDIG as drafted would require the company to pay their annual taxes and would then be reimbursed 50 of the net new ad valorem taxes over and above the existing base , estimated at 5,200,000 , for a period of five consecutive years Mr de Sherbinin introduced Economic Development Board Member Ernie Wilkinson , Kenly Town Manager Scott Shelton , and Iowa 80 Representative Ernie Brame PagePage pageNumber8673 April 7 , 2008 – 10 00 am Continued Economic Development Board Member Ernie Wilkinson provided the Board with a history of the Iowa 80 Truck Stop operation in the Kenly area He reported Iowa 80 is a stable employer for approximately 100 workers in the northern part of Johnston County and the expansion will only enhance the number of jobs along with the tax base and the sales tax revenues Mr Wilkinson expressed that Iowa 80 and the jobs they create are vital to the northern part of Johnston County and he asked the Board for their support of the EDIG agreement Iowa 80 Representative Ernie Brame displayed a rendering of the proposed expanded Iowa 80 facility in Kenly and reported Iowa 80 has already purchased the adjoining property Mr Brame stated he was unable to give an exact number of new jobs that could be created as a result of the expansion ; however , he indicated the job growth would be substantial He noted there are plans to add two fast food establishments as well as pay points to the store operation Mr Brame reviewed with the Board some of the projects Iowa 80 has completed in other areas and indicated he anticipates the same type of growth in Johnston County Kenly Town Manager Scott Shelton informed the Board that the Kenly Town Council , at their February 2008 meeting , voted to participate in the EDIG and he reiterated the importance of Iowa 80 for the northern section of the County There being no further comments , the Chairman closed the public hearing Motion to Approve the Economic Development Incentive Grant Agreement Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved the Economic Development Incentive Grant Agreement between the County , the Town of Kenly , and Iowa 80 as proposed 7 Criminal Justice Partnership – Resolution Requesting Support for Continuation of Funding Johnston County Chief Probation Officer Donald Jones asked the Board to continue their support of the Criminal Justice Partnership Program He stated the Partnership Program is adding beds at the Day by Day center for females , which have been limited in the past , and they also have plans to begin an anger management program County Manager Rick Hester reminded the Board that no County match is required for the Criminal Justice Partnership Program funding At the inquiry of Chairman Cookie Pope , Mr Jones reported he does not foresee the Partnership’s funding being terminated by the State ; however , he cautioned that it could happen Commissioner Wade M Stewart moved the Board adopt the following resolution in support of the continuation of State funding for the Criminal Justice Partnership Program Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote RESOLUTION IN SUPPORT OF CONTINUATION OF CRIMINAL JUSTICE PARTNERSHIP PROGRAM FUNDING WHEREAS , since 1995 , the State of North Carolina and county governments have been partners in providing effective and necessary community supervision of adult criminal offenders ; and WHEREAS , the CJPP funded program s of Johnston County are meeting the goals for the program s as stated in the General Statutes ; and WHEREAS , in accordance with legislative mandates , the Johnston County CJPP local advisory board is comprised of representatives of ; and WHEREAS , the Johnston County CJPP diligently carries out its charge of establishing and delivering competent , effective and necessary program assistance to augment community supervision of adult criminal offenders ; and WHEREAS , the loss of CJPP services in Johnston County will result in the loss in rehabilitative services for offenders and additional costs of incarceration due to higher failure rates for offenders ; and WHEREAS , Criminal Justice Partnership Program funding has been removed from the continuation budget and is now subject to continuation review ; and WHEREAS , the non - recurring status of CJPP funding and subsequent continuation review will delay the annual appropriation and will result in the loss of qualified professional personnel or county government to discontinue participation due to uncertain funding NOW THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners strongly endorses full reinstatement of funding for the Criminal Justice Partnership Program to the continuation budget th Adopted this the 7 day of April 2008 PagePage pageNumber9674 April 7 , 2008 – 10 00 am Continued 8 Juvenile Crime Prevention Council – Proposed Budget for FY 2008 - 2009 The Honorable Judge Addie Rawls , Juvenile Crime Prevention Council JCPC Chairperson , presented to the Board the Council’s proposed budget for FY 2008 - 09 and requested its approval Judge Rawls reported that Johnston County Youth Services has taken over the restitution program and the JCPC has been pleased with their performance Further , Judge Rawls stated the Healthy Choices program has asked for additional monies to cover additional utility and transportation costs She noted the State’s allocation is anticipated to be 251,465 , and the JCPC is requesting 40,000 from the County for the upcoming year , which is 3,000 higher than last year’s request Judge Rawls shared with the Board an essay written by a young person who recently appeared in court , expressing sorrow for his crime and his hopes to encourage others to lead a better example Commissioner Allen L Mims , Jr moved the Board approve the Juvenile Crime Prevention Council’s proposed budget for FY 2008 - 09 , pending the formal adoption of the FY 2008 - 09 County budget Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote 9 Johnston County Schools – Request to Designate ADM Capital Funding Project Ann Williams , Associate Superintendent of Facility Services for Johnston County Schools , requested the Board to designate the Smithfield - Selma High School Construction Project , addition of a band classroom , as a State ADM Capital Fund Project in the amount of 350,000 Ms Williams reported this project received five good bids ; however , the bids did exceed the project budget , which she attributed to issues associated with tie - ins to the existing HVAC , electrical , and security systems Commissioner W Ray Woodall moved the Board approve the designation of the Smithfield - Selma High School Construction Project , addition of a band classroom , as a State ADM Capital Fund Project in the amount of 350,000 Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 10 Emergency Services – Change in EMS Contract Patrick Cogdell , EMS Coordinator for Johnston County , briefly summarized the proposed changes to the EMS Contract for the Board Mr Cogdell reported the changes have been recommended by the Emergency Medical Services Advisory Committee and have been agreed to by the EMS agencies Commissioner Wade M Stewart stated the Emergency Services staff has done a good job and he reiterated the Emergency Medical Services Advisory Committee recommends the changes Commissioner Stewart moved the Board approve the changes , as presented , to the EMS Contract for FY 2008 - 09 Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Changes in red and highlighted in yellow State of North Carolina Johnston County Agreement for Provision of Emergency Medical Service THIS AGREEMENT made and entered into this ______ day of _____________ , 2008 , 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 The term of the agreement shall be one 1 year and shall be automatically renewed from year to year unless terminated as provided in Section 12 hereof Section 2 Geographical Area The geographical area for which the EMS agency will provide ambulance service is 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 An EMS Agency shall not open a new station or satellite station without prior approval from the Board of Commissioners Section 3 AdministrativePage0675 April 7 , 2008 – 10 00 am Continued 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 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 The EMS Agency shall submit a list of Board members with contact information and board affiliation to the County annually The Board of Commissioners will verify that the Board’s 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 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 Finance Department no later th 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 and a copy of the minutes of the board meetings signed by the Board Chair is to be forwarded to the County immediately thereafter II Standards and Procedures Section 1 Coverage and Mutual Aid The Agency agrees to furnish first duty response for emergency Code 3 incidents at the EMT - Paramedic level twenty - four 24 hours per day , seven 7 days per week First duty means an initial response service comprised of a complete complement personnel , pursuant to the franchised level of service identified , and equipment for medical care and transportation At a minimum , first duty service shall include a state certified Medical Responder and an emergency medical technician – Paramedic If the initial unit is dispatched to a non - emergency Code 1 incident , then an EMT – Intermediate may respond in lieu of the Paramedic , provided that a Paramedic is available to respond immediately , if needed In addition , there must be an additional driver immediately available for Second duty calls Upon request , the Agency agrees to furnish mutual aid to other county EMS Agencies in accordance with the County’s EMS Mutual Aid agreement The Agency agrees to operate and maintain its system in accordance with all applicable Federal , State and local laws , ordinances and regulations The Agency agrees to maintain a three 3 minute “ chute time ” on ninety 90 percent of first duty and second duty calls “ Chute time ” is the time from dispatch to departing the building In the event that a second duty crew is not available , mutual aid from a neighboring Agency responding within the allotted time frame satisfies this requirement The Agency agrees to assist in the removal of deceased persons if needed in accordance with the Standard Operating Guideline for Deceased Person Section 2 Training and Personnel The Agency agrees to establish , operate and maintain its department in accordance with the following training standards A Attendants shall , at a minimum , be certified by the State as an Emergency Medical Technician Ambulance drivers shall , at a minimum , be certified as Medical Responders and must have completed an approved emergency vehicle driving course All certified members shall hold a valid North Carolina driver’s license In an emergency situation , a member of a local fire department can operate an EMS vehicle as long as the member has completed the North Carolina Emergency Vehicle Driving Course B All Technicians and Medical Responders shall participate in continuing education as required by the State and County approved educational program C Training Officers shall be designated by the agency for the purpose of maintaining continuing education training records and certifications To be a Training Officer , you shall be required to complete the Training Officers Course through Johnston Community College and should be certified or eligible for certification as a Level 1 Instructor through State OEMS In addition , they must possess current credentials as required to function in Johnston County D Training Officers shall complete an approved Instructor Methodology Course , Training Officer Course , shall interview and be approved as a preceptor in Johnston County by the Medical Director E Training Officers should maintain knowledge of the Johnston County Continuing Education Plan F Training Officer must attend annual Level I and II Instructor updates through State OEMS , as appropriate G Training Officers shall submit continuing education records for their department every six 6 months , verifying training hours and updated certifications H All Technicians and Medical Responders will be subject to oversight by the County’s Medical Director I The Agency agrees to ensure that Technicians or Medical Responders failing to meet medical performance standards , as determined either by the Agency , State , County or Medical Director shall cease to render patient care or ambulance services J The Agency agrees that its Chief shall hold EMS certification K The Agency agrees that its leaders and treasurer will attend periodic training on management and budgeting as required by the County This training shall be provided by the County L The Agency agrees to audit all patient care reports on a monthly basis utilizing audit sheets approved by the Medical Director and have these reports ready for audit by the Johnston County Chart Audit Committee no later that th the 15 day of the following month M The Agency agrees to handle personnel issues including , but not limited to , work schedules , patient care issues , certifications and continuing education records N The Agency agrees to 24 hour coverage , 7 days a week to include one NC EMT - Paramedic and a state certified medical responder to ensure three 3 minute chute time on ninety percent 90 of the first and second duty calls This will be governed on a monthly basis by Johnston County Emergency Services O The Agency agrees to ensure that employees have a rest period of 24 hours between a 24 hour EMS shift and 12 hour rest period before beginning any other shift combination This includes the rest periods between regular and part - time jobs in or out - of - county Employees shall not exceed 36 hours continuous work on a given EMS shift These requirements may be waived during times of disasters or other emergencies P The Agency agrees to provide patient care within the protocols and standard operating guidelines approved by the County Additionally , the Agency agrees to provide documentation as requested by the Medical Director or QualityPage1676 April 7 , 2008 – 10 00 am Continued Management Committee Chart Audit , and to assist the Medical Director by appointing personnel to serve on medical committees as requested Q The Agency agrees to participate in quarterly Peer Review Committee meetings R The Agency agrees to provide the County with an updated roster every six 6 months with , but not limited to , name , certification level , expiration date of all required certifications , date of birth , Personnel Number P # issued by OEMS and phone number S The Agency agrees that the Medical Director , or his designee , shall be permitted to ride on an Agency ambulance at any time , providing a waiver of liability is signed by the designee rider and or a standing order , signed by the Medical Director is on file stating the same T The County agrees to assist the Agency with audit and review of patient reports by providing a Medical Director , patient care protocols and standard operating guidelines U The Agency agrees that all Technicians and administrative staff shall be trained in data collection whether PREMIS is utilized or a third party vendor , which must be PREMIS compliant V The Agency agrees that all response employees and leaders shall be trained in the National Incident Management System NIMS to their appropriate level , and shall maintain NIMS training as required Section 3 Equipment 1 The Agency agrees that a A vehicle maintenance officer shall be designated to ensure that maintenance records are maintained on all vehicles and that vehicles and equipment meet the requirements of the State and County while in service b All equipment shall be inspected for compliance in accordance with County and State requirements c All equipment vehicles , monitors , etc provided by the County to the Agency will be returned to the County within sixty 60 days if the Agency ceases to function as an EMS unit , or in the event this agreement is cancelled by either party d In the event the Agency ceases to function as an entity , all equipment owned by the Agency will be disposed of in accordance with Internal Revenue Service rules and regulations If the Agency has not made other arrangements for the disposal of Agency owned equipment prior to dissolution , equipment will be transferred to the County for distribution to other like entities within the County 2 The County agrees to a Provide annual funding in an amount set by the Board of Commissioners as part of their annual budgeting process This funding will be dispersed on a monthly basis provided that the Agency meets the terms of the agreement It is further stipulated that this funding is to be utilized to offset cost incurred for personnel and benefits and for the provision of Paramedic level emergency medical services in the County b Should the Agency not meet the terms of the agreement , a notice will be provided to them indicating any deficiencies Deficiencies resulting in diminished patient care or response capability are to be corrected within 12 – 36 hours , unless otherwise agreed upon by the County In the event the deficiency is not corrected within the prescribed period , county funding may be forfeited until the deficiency is corrected Failure to do so may also result in the revocation of the agreement and franchise c Deficiencies regarding administrative matters or other areas not directly affecting patient care will be identified as such The Agency will receive a letter from Johnston County Emergency Services giving the EMS Agency thirty 30 days to correct these deficiencies unless otherwise agreed upon by both parties If the deficiency is not corrected within the prescribed period , a second verbal notice and written warning will be provided In the event the deficiency is not corrected within the prescribed period , county funding may be forfeited , due to contract violation , until the deficiency is corrected d Should the Agency elect to appeal a decision relating to agreement performance , their appeal will be to the County Board of Commissioners Section 4 Communications The Agency agrees to provide each base of operations with a minimum of one 1 open telephone line and one 1 fax line Further , the Agency agrees to register both phone numbers with the County Emergency Services Office and the 911 Communications Center Section 5 Records 1 Agency agrees to maintain personnel records of all employees , including but not limited to , time sheets , member qualifications , training records , continuing education records , certifications , and shot records Such records shall also include member’s complete name , address , phone numbers , Personnel Number P # issued by NC Office of Emergency Medical Services , driver’s license number and certification levels The Agency agrees to turn over all records to the County should they cease to function as an EMS Agency 2 The Agency agrees to maintain the following a Record of dispatch , which will show time call was received by the Agency , time ambulance departed , time arrived on scene , time departed scene , time arrived at destination and time available Records are to be maintained for a minimum of three 3 years b Trip record , which shall state the agreeing party’s name , the patient’s name , address and telephone number , condition of patient , type of assistance rendered , schedule of charges and name of Medical Responders and Technicians Records are to be maintained for a minimum of three 3 years c Complete financial records , in accordance with generally accepted accounting practices , with respect to patients , revenues and operation cost In addition , the Agency agrees to comply with budgeting procedures as provided by State law The Agency also agrees to use standard line items chart of accounts prepared by the County Internal Auditor for accounting as approved by the County Finance Officer Internal Auditor d Full records in connection with all inquiries , complaints and requests regarding its provision of medical care , to include response times , equipment failure and injuries to personnel The records shall identify the person contacting the Agency and the person responding on behalf of the Agency , the subject matter of the contact , the date and time it was received , the resolution of the matter in question and such other information as may be deemed pertinent by the Agency and the County The Agency shall respond within ten 10 workdays to complaints and requests Complaints or requests which may pose a health or safety hazard shall be responded to within five 5 workdays e To meet or exceed Johnston County’s policy for Health Insurance Portability and Accountability Act HIPAA compliance and to follow County guidelines relative to the County’s Notice of Privacy Practices NOPP Page2677 April 7 , 2008 – 10 00 am Continued f Patient Care Reports PCRs shall be completed before the end of each shift and data collection reported to the State within 24 hours to ensure PREMIS reporting compliance 3 The County agrees to a Provide the necessary software and training to assist the Agency in maintaining their financial records b Communicate immediately to the Chief and or Board Chairman any inquiries , complaints or requests received directly by the County having to do with the Agency or regarding Agency operations Section 6 Inspection of Records and Assets Upon notice to the Chief , the Agency agrees that the County may inspect the Agency’s records , premises , vehicles and equipment during normal working hours to ensure compliance with the franchise The Agency agrees to submit an EMS Agency Board of Directors approved 2008 2009 budget to the County no later than July 31 , 2008 The Agency agrees to present all financial records for fiscal year 2007 2008 to the County no later that August 31 , 2008 for audit by the County Finance Department or in lieu of this , provide to the County an annual audit at the Agency’s expense that meets the County’s audit criteria Such audit shall be conducted by an independent Certified Public Accountant , and shall include a list of employees , positions and hourly pay rate The Agency further agrees to provide a blanket fidelity bond by a surety licensed in North Carolina designating the County as oblige in an amount at least equal to the sum of the County’s annual funding Section 7 Rates and Charges The Agency agrees to charge the rates approved by the county and shall charge neither more nor less than the approved rates without specific approval by the County Section 8 Assignment and Ownership This agreement may not be sold , assigned , mortgaged or otherwise transferred without the approval of the County and a finding of conformance with all requirements of the article as upon original contracting The Agency agrees that prior approval of the County shall be required where ownership or control of more than ten 10 percent of the right of control of the Agency is acquired by a person or group of persons acting in concert , none of whom own or control ten 10 percent or more of such right of control , singularly or collectively , at the date of the Agreement By entering into this agreement , the Agency specifically agrees that any such acquisition occurring without prior approval of the County shall constitute a violation of the agreement by the Agency and shall be cause for termination at the option of the County The Agency agrees that any change of ownership of its ambulance service without the approval of the County shall terminate the agreement , shall require a new application and a new agreement and conformance with all the requirements of this article as upon original contracting Section 9 Severability If any part of this agreement 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 agreement The Agency’s application for the provision of ambulance service shall constitute a portion of this agreement as fully as if set forth herein and the Agency shall be bound by those statements set forth in its application Section 10 Liability and Insurance The Agency agrees to maintain throughout the term of the agreement , either insurance coverage issued by an insurance company licensed to do business in this State , or a bond with personal or corporate surety in the following types and amounts General liability insurance , or a bond , in the minimum amount of 100,000 for property damage per occurrence , 500,000 for property damage aggregate , 500,000 for personal bodily injury to any one person , and 1,000,000 for bodily injury aggregate per single accident or occurrence Automobile liability insurance or a bond for each ambulance or other vehicle owned , non - owned , rented or operated by or for the ambulance service in the minimum amount of 1,000,000 for bodily injury and consequent death per occurrence , 500,000 for bodily injury and consequent death to any on person , and 500,000 for property damage per occurrence All insurance policies and bonds maintained pursuant to this agreement shall contain the following endorsement “ It is agreed that this insurance policy or bond may not be cancelled by the insurance Agency or surety nor the intention not the renew be stated by the insurance Agency or surety until at least thirty 30 days after receipt by the County Manager of Johnston County , North Carolina , by registered mail , or a written notice of its intention to cancel or not to renew Section 11 Indemnification The Agency agrees to fully indemnify and hold harmless the County , its officers , agent , employees , board , commissions and agencies against all loss , liability , claims or actions for damages to persons or property arising out of omissions of the Agency , its employees , or agents , or to which the Agency’s negligence shall in any way contribute Section 12 Termination In addition to all other rights and posers retained by the County under this agreement , the County reserves the right to terminate the agreement and all rights and privileges of the Agency under it in the event of a substantial breach of its terms and conditions A substantial breach by the Agency may include , but not be limited to the following a Violation of any material provision of the agreement or any material rule , order , regulation or determination of the County made pursuant to the agreement b Attempt to evade any material provision of the agreement or practice any fraud or deceit upon the ambulance service users or the County c Failure to provide the services promised in the application and agreement d Failure to adequately staff the ambulance service e Failure to provide for adequate staff training , certification and re - certification f Failure to adequately maintain vehicles , equipment , medical supplies and communication system g Failure to submit and maintain adequate records as required in Section 5 h Material misrepresentation of fact in the application for or negotiation of the agreement The County may make a written notification that the Agency comply with any provisions , rules , order or determination under or pursuant to this agreement If the violation by the Agency continues without proof that corrective action has been taken or is being actively and expeditiously pursued , the County may upon thirty 30 day written notice , terminate the agreement Page3678 April 7 , 2008 – 10 00 am Continued The Agency shall have the right to appeal the agreement termination The appeal request shall be in writing to the County Board of Commissioners The County reserves the right to suspend this agreement prior to termination if the County deems it beneficial in order to rectify violations and to effect compliance Such suspension shall not preclude termination of the agreement if a violation continues or if a subsequent violation occurs In addition , the Agency acknowledges that the Johnston County Medical Director , within the rules and regulations of the North Carolina Board of Medical Examiners or the Johnston County Emergency Medical Services Plan may suspend or terminate for good cause the privileges of a person providing emergency medical services in Johnston County The County reserves the right to withhold County funds , equipment or other County assistance in order to rectify deficiencies or violations and to effect compliance with the provisions of this agreement The withholding of such funds , equipment or other County assistance shall not preclude suspension or termination of this agreement by the County Section 13 No Waiver The County’s not insisting upon strict compliance with any of the provisions of this agreement , or not exercising any of its options provided herein , shall not be construed as a waiver of its right thereafter to require such compliance or to exercise any such options Dated this _______ day of ________________________ , 2008 11 HAPP – Approval for Proposed 2008 – 2009 Streamlined Annual Plan HAPP Director Melody Gates requested the Board’s approval of the proposed 2008 – 2009 streamlined annual plan Ms Gates noted the only change to the plan is the incorporation of the Violence Against Women’s Act statement , which is required by law Ms Gates offered to answer any questions of the Board Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the 2008 – 2009 streamlined annual plan for the Housing Assistance Payment Program , as presented 12 Health Department – Request for Computer Support Technician I Position Health Director Dr Marilyn Pearson requested the Board to approve the use of state funds for a Computer Support Technician I position Dr Pearson reported the Health Department currently has one technology support position and the new position is needed to assist with technology needs and upgrades The funding for the position would be provided by the State from a reimbursement for activities directly related to the administration of the Medicaid Program and the Health Department has been assured of continued funding to cover the position Commissioner W Ray Woodall moved the Board approve the Computer Support Technician I position , with the funding to be provided by State reimbursements , along with approval of the following budget amendment Commissioner Tony Braswell seconded the motion , which carried by unanimous vote FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59003300 Departmental Supplies 15,00000 10 59004575