June 2, 2008 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 749 Meeting of the Johnston County Board of Commissioners June 2 , 2008 10 00 am The Johnston County Board of Commissioners met in regular session Monday , June 2 , 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 DeVan Barbour 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 W Ray Woodall , 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 Jeffrey P Carver , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – May 5 , 2008 10 00 am & 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 Lee Forest Court , Larson Court , Finley Court , Keller Drive , and Kendall Drive – Lee Forest Subdivision – Clayton Township Great Oak Drive – Twisted Oaks Subdivision – Phase I – Cleveland Township Trey Drive SR 1393 Extension , Phyllis Drive & Nicole Drive – Carrie Woods Subdivision – Phase III – Elevation Township C Call for Public Hearing – DOT 2008 - 2009 Secondary Road Program The Board scheduled a public hearing to be held at the July 7 , 2008 10 00 am Board meeting to present the 2008 - 2009 Secondary Road Program D Call for Public Hearing – Town of Clayton Downtown Redevelopment Incentive Grant Program CDRIG The Board scheduled a public hearing to be held at the July 7 , 2008 10 00 am Board meeting to discuss the County’s potential participation with the Town of Clayton’s Downtown Redevelopment Incentive Grant Program E Tax Releases & Refunds – 04 15 2008 – 05 15 2008 Year Bill # Acct # Name Tran Type Paid 2007 0711 - 693659 0708 - 772562 LYNCH , ERIC CORNELIUS Overpayment 16184 2007 0803 - 745982 0712 - 817198 HANSON , ROBERT ALFRED Overpayment 52507 2007 0804 - 750717 0801 - 839260 ALFORD , CHARLES Overpayment 12231 Page750 June 2 , 2008 – 10 00 am Continued 2007 0803 - 745259 0712 - 817144 SHOULDERS , STEVEN JACK Release 18900 2007 0804 - 756130 0801 - 838555 STATEN , HENRY LEWIS Release 28041 2007 0804 - 760978 0801 - 835705 SAULS , SANDRA WINDHAM Release 12222 2007 0710 - 678119 0707 - 759305 STANLEY , JIMMY RAY Overpayment 24485 2007 0802 - 737621 0711 - 812056 SHIRLEY , JERRY WAYNE Release 30415 2007 0804 - 754970 0801 - 839239 LEE , JR , CHARLES EARL Release 17733 2007 0803 - 746477 0712 - 822465 ROGERS , STEVEN WESLEY Release 15156 2007 0803 - 747799 0712 - 823950 CHIMDI , NNENNA UCHECHI Tag Surrender 18701 2007 0710 - 684406 0707 - 761473 EXUM , BRENDA FORD Overpayment 17388 2007 0709 - 669332 0706 - 742095 POSTON , CASSANDRA WILLIAMS Overpayment 13258 2007 0707 - 642363 0704 - 710434 OPPENHEIM , AMY CHRISTINE Overpayment 21863 2007 0707 - 647982 0704 - 716531 GRAY , DONALD LEE Overpayment 31920 2007 0709 - 669332 0706 - 742095 POSTON , CASSANDRA WILLIAMS Void Refund 13258 2007 0710 - 681757 0707 - 751467 FRANKS , TIMOTHY GROVER Overpayment 10065 2007 0709 - 667336 0706 - 743193 SURLES , VALERIA NICHOLE Overpayment 10407 2007 0803 - 749943 0712 - 824635 FIRST CITIZEN BANK & TRUST COMPANY Tag Surrender 63549 2007 0804 - 759160 0801 - 834277 LNS ENGINEERING Release 10329 2007 0804 - 751651 0801 - 837790 STAFFORD , LEONARD RICHARD Release 25662 2007 0804 - 755561 0801 - 836698 CARROLL , JAMES MICHAEL Release 13838 2007 0708 - 659635 0705 - 726443 WOLFE , JR , MICHAEL YUEL Tag Surrender 12298 2007 0804 - 755512 0801 - 837136 BOBBITT , CHRISTY STRICKLAND Release 19057 2007 0710 - 687272 0707 - 754207 CARPENTER , SALLY LAWSON Overpayment 13055 2007 0804 - 753779 0801 - 837471 REDICK , CORY LOWE Release 12012 2007 0802 - 728607 0711 - 811259 V A U L TRUST Release 17037 2007 0708 - 655145 0705 - 730971 BOUDREAUX , DALE J Tag Surrender 13056 2007 0711 - 703888 0708 - 773876 MORRIS , DAVID KEITH Overpayment 14949 2007 0801 - 721914 0710 - 801228 LUJAN , WILLIAM ALAN Release 12180 2007 0709 - 668635 0706 - 743891 THORNTON , WILLIAM ASHLEY Overpayment 11918 2007 0804 - 752538 0801 - 833786 ELSHEIMER , DAVID BRUCE Release 12936 2006 0706 - 633765 0703 - 701976 HUGHES , OLIVER MATTHIAS Release 17874 2007 0804 - 759925 0801 - 834376 CAROLINA CURB APPEAL INC Release 12123 2007 0804 - 762853 0801 - 834376 CAROLINA CURB APPEAL INC Release 10179 2007 0801 - 728487 0710 - 801122 GELCO CORPORATION Overpayment 17633 2007 0802 - 736923 0711 - 813399 GIDDENS , ROY MIKE Overpayment 21169 2007 0802 - 734150 0711 - 807181 MASTERSON , KYLE JOSEPH Overpayment 16467 2007 0801 - 723854 0710 - 802224 WOLFINGER , JANICE FAITH Release 16159 2007 0712 - 711923 0709 - 789358 WOLFINGER , JANICE FAITH Release 13871 2007 0802 - 731289 0711 - 813315 MILLMATT LLC Release 23851 2007 0802 - 731290 0711 - 813749 MILLMATT LLC Release 23851 2007 0802 - 731291 0711 - 814426 MILLMATT LLC Release 23851 2007 0712 - 716535 0709 - 787771 QUINN , AMY MICHELLE Overpayment 22613 2007 0804 - 751096 0801 - 832883 IVEY , JR , JOHN DAVID Release 10927 2007 0804 - 758710 0801 - 837092 CAPPS , DUSTIN GREGORY Release 27331 2000 0105 - 819325 0103 - 065563 MILLER , BENJAMIN VERNE Release 12575 2007 0801 - 717477 0710 - 799908 GUIN , MITCHELL WAYNE Release 11911 2007 0803 - 739992 0712 - 824650 GUIN , MITCHELL WAYNE Release 14037 2007 0802 - 737261 0711 - 812261 LUCAS , STEVE LAMONT Overpayment 61767 2007 0803 - 750185 0712 - 820398 VT INC AS TSTEE WORLD OMNI LT Overpayment 28702 2007 0708 - 661418 0705 - 726149 BATCHELOR , MONIQUE LINDA Overpayment 77700 2007 0707 - 641617 0704 - 716912 RAYNOR , MARY ALICE Overpayment 23951 2007 0802 - 731821 0711 - 805979 STILES , DAWN MARIE Overpayment 16996 2007 0804 - 755900 0801 - 837276 MARK , JOSEPH Release 12869 2007 0802 - 729753 0711 - 814467 THOMAS , BARRY EDWARD Release 19470 2007 0712 - 705619 0709 - 783362 THOMAS , BARRY EDWARD Overpayment 10210 2007 0802 - 728602 0711 - 808616 COLEBROOKE , GUANETTEE CYNTHIA Release 15641 2007 0711 - 692608 0708 - 775875 COLEBROOKE , GUANETTEE CYNTHIA Release 20419 2007 0804 - 750653 0801 - 836572 STEPHENSON , JIMMY REID Overpayment 12529 2007 0801 - 727537 0710 - 794935 FRAMPTON , BRENT COBIA Overpayment 10140 2007 0710 - 676745 0707 - 753722 PARKER , ANN HAYES Overpayment 13712 2007 0711 - 702035 0708 - 772422 SANDERS , III , WILLIAM RODGERS Overpayment 15281 2007 0710 - 676745 0707 - 753722 PARKER , ANN HAYES Overpayment 13524 2006 0706 - 629369 0703 - 698470 SUITS , REX KARLTON Overpayment 22337 Page751 June 2 , 2008 – 10 00 am Continued 2007 0805 - 773175 0802 - 870954 JOHNSON , JOHN ANTHONY Release 31306 2007 0805 - 764808 0802 - 864457 BULLARD , TERRY LYNN Release 11451 2007 0805 - 766059 0802 - 866244 MILLER , DAVID KEITH Release 12031 2007 0711 - 698354 0708 - 767959 REVELL , MICHAEL ANDREW Overpayment 15141 2007 0711 - 698354 0708 - 767959 REVELL , MICHAEL ANDREW Void Refund 15141 2007 0805 - 766793 0802 - 869232 TEAGUE , SEAN RAY Release 18638 2007 0803 - 742240 0712 - 823242 MOTA , EDWIN ANTHONY Release 20568 2007 0805 - 770305 0802 - 870973 KENT , TRACY LYNN Release 13027 Real Personal Property Releases 4 16 2008 14 15 53 124 JAMES 2005 - 013417 2000073140 CALLAHAN , JIM 44184 4 16 2008 14 19 45 124 JAMES 2006 - 013504 2000073140 CALLAHAN , JIM 44184 4 16 2008 14 23 18 124 JAMES 2007 - 013712 2000073140 CALLAHAN , JIM 44184 4 16 2008 14 50 11 124 JAMES 2007 - 201444 2000117538 MORGAN , JOHN E HEIRS 54416 4 16 2008 14 52 22 124 JAMES 2007 - 201445 2000117538 MORGAN , JOHN E HEIRS 50787 4 16 2008 14 55 28 124 JAMES 2007 - 201446 2000117538 MORGAN , JOHN E HEIRS 47160 4 16 2008 15 14 53 124 JAMES 2007 - 201447 2000117538 MORGAN , JOHN E HEIRS 45087 4 16 2008 15 15 50 124 JAMES 2007 - 201448 2000117538 MORGAN , JOHN E HEIRS 41331 4 16 2008 15 55 53 105 SHEILA 2008 - 200356 93358770 WEST , DONALD RAY 50146 4 16 2008 15 57 19 105 SHEILA 2008 - 200357 93358770 WEST , DONALD RAY 50146 4 16 2008 15 58 29 105 SHEILA 2008 - 200358 93358770 WEST , DONALD RAY 50146 4 16 2008 16 01 53 105 SHEILA 2008 - 200362 93358581 WEST , DONALD R 2,18710 4 16 2008 16 02 41 105 SHEILA 2008 - 200363 93358581 WEST , DONALD R 2,18710 4 16 2008 16 04 19 105 SHEILA 2008 - 200364 93358581 WEST , DONALD R 2,18710 4 16 2008 16 05 11 105 SHEILA 2008 - 200359 93358581 WEST , DONALD R 1,55846 4 16 2008 16 06 07 105 SHEILA 2008 - 200360 93358581 WEST , DONALD R 1,55846 4 16 2008 16 08 57 105 SHEILA 2008 - 200361 93358581 WEST , DONALD R 1,55846 4 23 2008 16 53 38 124 JAMES 2008 - 200323 2000138804 CATERPILLAR LOGISTICS SVC 9,17374 4 23 2008 16 55 25 124 JAMES 2008 - 200322 2000138804 CATERPILLAR LOGISTICS SVC 7,13124 4 23 2008 16 56 56 124 JAMES 2008 - 200321 2000138804 CATERPILLAR LOGISTICS SVC 6,49229 4 23 2008 16 58 16 124 JAMES 2008 - 200320 2000138804 CATERPILLAR LOGISTICS SVC 5,02863 4 23 2008 16 59 31 124 JAMES 2008 - 200319 2000138804 CATERPILLAR LOGISTICS SVC 3,82564 4 25 2008 12 16 07 124 JAMES 2007 - 051829 2000062482 MANNING , ANGELA ANN DENICE 12814 4 28 2008 13 45 21 124 JAMES 2000 - 006911 2000074638 BEVERIDGE , PEER J 23023 4 28 2008 13 48 22 124 JAMES 2000 - 006911 2000074638 BEVERIDGE , PEER J 23023 4 28 2008 13 49 38 124 JAMES 2000 - 006911 2000074638 BEVERIDGE , PEER J 23023 4 30 2008 15 46 20 124 JAMES 2007 - 054387 2000091305 MCKINNIE , LYNDON DWIGHT 25237 4 30 2008 16 08 33 124 JAMES 2007 - 029045 2000123848 GACHUZ , LADISLAO MONTER 52091 4 30 2008 16 18 47 124 JAMES 2007 - 096081 2000132015 GONZALEZ , SHANNON CREEL 16405 5 2 2008 11 25 14 105 SHEILA 2007 - 006937 2000099033 BAXLEY COMMERCIAL PROP 1,07970 5 5 2008 14 39 11 105 SHEILA 2007 - 201082 2000048525 BARAJAS , AMELIA CALDERA 78480 5 5 2008 15 41 27 105 SHEILA 2003 - 075578 2000078317 UNKNOWN OWNER 10616 5 5 2008 15 44 19 105 SHEILA 2004 - 076850 2000078317 UNKNOWN OWNER 10616 5 5 2008 15 45 25 105 SHEILA 2005 - 078791 2000078317 UNKNOWN OWNER 10616 5 5 2008 15 46 31 105 SHEILA 2006 - 080984 2000078317 UNKNOWN OWNER 10216 5 5 2008 15 47 23 105 SHEILA 2007 - 083179 2000078317 UNKNOWN OWNER 10216 5 6 2008 15 48 27 105 SHEILA 2007 - 094926 2000115063 MCNICHOL , CHRISTOPHER L 27177 5 7 2008 16 05 41 105 SHEILA 2007 - 061018 2000091684 ONEAL , DELOISE 79306 5 8 2008 12 09 17 124 JAMES 2006 - 030398 2000084792 GRAHAM , JACQUELINE ANN 49383 5 8 2008 12 10 35 124 JAMES 2007 - 031317 2000084792 GRAHAM , JACQUELINE ANN 49383 5 8 2008 14 25 29 121 CATHY 2006 - 059271 2000091684 ONEAL , DELOISE 79606 5 8 2008 14 38 45 121 CATHY 2006 - 077933 2000054013 TAP PROPERTIES , LLC 29035 5 9 2008 12 31 40 124 JAMES 2007 - 052139 2000067200 MARSHALL , TINA 48581 5 13 2008 10 43 59 105 SHEILA 2008 - 200274 2000087413 AUSTIN , LAURA LEE LF EST 86071 5 13 2008 10 57 40 105 SHEILA 2008 - 200275 2000087413 AUSTIN , LAURA LEE LF EST 86071 5 13 2008 10 58 36 105 SHEILA 2008 - 200276 2000087413 AUSTIN , LAURA LEE LF EST 86071 5 13 2008 10 59 34 105 SHEILA 2008 - 200277 2000087413 AUSTIN , LAURA LEE LF EST 86071 5 13 2008 11 28 17 124 JAMES 2007 - 501329 2000135318 OLVERA , LUIS V 24416 5 13 2008 11 29 21 124 JAMES 2007 - 501330 2000135318 OLVERA , LUIS V 19783 5 13 2008 11 32 39 124 JAMES 2007 - 501331 2000135318 OLVERA , LUIS V 17229 5 13 2008 11 33 53 124 JAMES 2007 - 501332 2000135318 OLVERA , LUIS V 15092 5 13 2008 11 34 55 124 JAMES 2007 - 501333 2000135318 OLVERA , LUIS V 13202 5 13 2008 11 35 48 124 JAMES 2007 - 501176 2000135318 OLVERA , LUIS V 11201Page752 June 2 , 2008 – 10 00 am Continued 5 14 2008 9 59 25 124 JAMES 2007 - 096320 2000133011 BUTLER , JOHNNY WEST 73920 Real Personal Property Refunds 4 18 2008 13 00 05 187 RENEE 2007 - 059288 2000072026 NEAL , TOMMY 75306 4 18 2008 13 00 43 187 RENEE 2007 - 059288 2000072026 NEAL , TOMMY 3509 4 21 2008 15 40 44 189 TERI 2007 - 017588 2000039761 COLLIER , MARILYN R 12193 4 22 2008 14 29 28 121 CATHY 2007 - 015739 2000094580 CHANCE , CYNTHIA 21498 5 1 2008 8 52 21 189 TERI 2007 - 007933 2000063514 BENSON , MARTY SHANE 25878 5 1 2008 9 50 25 189 TERI 2007 - 047103 2000102748 LANGDON , LANDIS KENT 15189 5 1 2008 9 54 12 189 TERI 2007 - 049788 2000015114 LEONARD , PHILLIP 12459 5 1 2008 10 50 01 189 TERI 2007 - 076762 2000063969 STANCIL , WESLEY 31433 5 2 2008 11 33 00 189 TERI 2007 - 071800 2000123194 SANDERS , KARL E 54553 5 5 2008 15 12 04 189 TERI 2007 - 017588 2000039761 COLLIER , MARILYN R 12193 5 6 2008 13 40 33 189 TERI 2007 - 000515 2000016764 ADAMS , JOHNNIE RAY 10337 5 8 2008 13 02 36 310 JENNIFER 2007 - 004806 5645090 BARBOUR , GARRY LEE 16719 5 8 2008 14 40 42 121 CATHY 2006 - 077933 2000054013 TAP PROPERTIES , LLC 30337 5 15 2008 11 45 54 187 RENEE 2007 - 084960 2000120324 WARREN , SHERMAN 18526 May 16 , 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 04 15 08 to 05 15 08 Tax refunds - Personal Real Property 60502 Tax releases - Personal Real Property 64648 Motor Vehicle releases refunds 6,68656 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer John R Massey 3 Public Comments A Johnston County Student Violinists Traveling to England The Board recognized Cape Fear School of Violin students , Anna Mukamal and Austin Benson , from Johnston County who will be traveling with a group of Suzuki violinists to England for a two week tour this summer At the request of the Chairman , Miss Mukamal provided a background of the upcoming trip and played a musical selection for the Board It was the unanimous consensus of the Board to consider adopting a resolution appointing both Miss Mukamal and Mr Benson as Johnston County Cultural Ambassadors to England for their upcoming trip The Board adopted the resolution at the 6 00 pm meeting 4 Mental Health – Request to Surplus Vehicle Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board declared the following vehicle surplus and authorized it to be sold at the next surplus auction scheduled for June 14 , 2008 at 10 00 am at the gas pump facilities on North Brightleaf Boulevard in Smithfield by Randy Wester Auction Company of Benson , North Carolina Year Make Model VIN Mileage 1989 Dodge Caravan 2B4FK45K7KR302560 79,584 5 Sheriff’s Department – Request to Surplus Confiscated Vehicle Sheriff Steve Bizzell requested the Board to declare the following confiscated vehicle surplus and authorize it to be sold at the previously approved scheduled surplus property sale on Saturday , June 14 , 2008 at 10 00 am by Randy Wester Auction Company of Benson , North Carolina at the gas pump facilities on North Brightleaf Boulevard in Smithfield Year Make Model VIN Mileage 2002 Dodge Truck 1D7HA16K92J260978 37,600PagePage pageNumber5753 June 2 , 2008 – 10 00 am Continued Sheriff Bizzell reported the vehicle was confiscated by the narcotics division last year and has been used extensively in undercover drug operations across Johnston County He noted the vehicle is no longer suitable for use in this capacity and is in need of extensive repairs The proceeds from the sale of this vehicle , less auction expenses , will be transferred to the Johnston County Board of Education per NCGS § 90 - 112 d 4 In response to a question from Commissioner DeVan Barbour , Sheriff Bizzell indicated the vehicle was ordered by the courts to be titled to the Johnston County Sheriff’s Office to be used in an investigative capacity , and when it is no longer of use or benefit , to be sold with the proceeds transferred to Johnston County Schools Sheriff Bizzell stated because of the court order , he did not believe the vehicle could be transferred directly to Johnston County Schools for use Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board declared the above listed vehicle surplus and authorized it to be sold at the next surplus auction scheduled for June 14 , 2008 at 10 00 am at the gas pump facilities on North Brightleaf Boulevard in Smithfield by Randy Wester Auction Company of Benson , North Carolina 6 Health Department – Approval of Fee Schedules Dr Marilyn Pearson , Health Director , requested the Board to approve two fee schedules for services in the Preventive Health Division and the Environmental Health Division , effective July 1 , 2008 Dr Pearson stated the fee schedules have been approved by the Board of Health She reported there are two changes in the fee schedule for the Environmental Health Division , both of which are State mandated The well permits would increase by 5000 for a total fee of 15000 and the Environmental Health Division now has the authority to charge a Temporary Food Stand Permit fee of 5000 per permit , per event Dr Pearson noted Temporary Food Stand Permits are associated with special events and festivals throughout the County She introduced Mr Larry Sullivan , Director for the Johnston County Environmental Health Department Commissioner Wade M Stewart questioned the increase in the well permit fee and asked if the increase was needed Mr Sullivan reported the increase in the well permit fee is being requested due to costs being passed on to all the local Environmental Health Departments by State mandates He noted the increase will be used to offset additional State mandated sampling costs Mr Sullivan stated even with the 5000 increase in the well permit fee , the Environmental Health Department will not completely cover the costs associated with the additional sampling Mr Sullivan informed the Board that there is a bill currently under consideration in the General Assembly that could require more sampling costs Mr Sullivan stated the Environmental Health Department only samples newly permitted wells , unless the Department receives a request by a homeowner to test an existing well At the inquiry of Commissioner Allen L Mims , Jr , Mr Sullivan stated the Johnston County Environmental Health Department operates at approximately a 60 cost recovery rate Commissioner Mims stated he appreciated Mr Sullivan recently attending some of the Planning Board meetings , noting his expertise has been very helpful on a number of occasions Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the following schedules of fees were approved for the Health Department effective July 1 , 2008 Preventive Health Division All procedure codes will be charged at 32 higher than the Medicaid rate with the exception of codes 99391 Periodic Medicine PE lt; 1 year and 99392 Periodic Medicine PE Ages 1 - 4 which will be charged the Medicaid rate Flat Fees procedures are listed below For those procedures that include vaccine cost , the Health Department requests the ability to adjust the charge as stated based on what is paid for the vaccine TB 86580 1500 MMR 90707 5788 Hep B 90746 6342 Hep A 90632 6105 Twinrix 90636 7000 Rabies 90675 19800PagePage pageNumber6754 June 2 , 2008 – 10 00 am Continued Menactra 90734 9700 Forms 11111 500 Hep B Panel 80074 6000 Hep C Panel 86803 1550 Employee visit 300 Environmental Health Division WELL Well Permits 150 Effective July 1 , 2008 This fee includes State mandated samples ; additional samples will be the current price of 30 per sample Well Reinspections 25 SEPTIC TANK Septic Tank Permits New 250 Septic Tank Reinspections 25 Septic Tank Replacement Upgrade Revisions 75 Operation Permits Pump Fee 25 WATER SAMPLES Bacteriological 15 Property Owner Collects 30 This Dept Collects Chemical 15 Property Owner Collects 30 This Dept Collects Petroleum 30 This Department Collects Pesticide 30 This Department Collects Nitrates 30 This Department Collects RELOCATIONS OF SEPTIC SYSTEMS Mobile Home 30 House 30 Business 30 SUBDIVISION EVALUATIONS Per Lot 50 Recombination 50 PUBLIC SWIMMING POOLS Swimming Pool Permits 100 Wading Pools Permits 50 Spa Permits 50 PLAN REVIEWS Restaurants 1 - 50 Seats 100 51 - 100 Seats 150 100 + Seats 200 Food Stands Meat Markets Catering Operations Etc will be based on 50 every 250 square feet , but not to exceed 200 Temporary Food Stand Permits 50 per permit , per event effective July 1 , 2008 State mandated requirement Tattoo Permits 250 7 Johnston County Schools – Request to Designate ADM Funds Ann Williams , Associate Superintendent of Facility Services for Johnston County Schools , requested the Board to designate State Average Daily Membership ADM Funds , as follows Princeton Elementary School 511,34399 Powhatan Elementary School 511,34399 Total 1,022,68798 Upon a question from Commissioner Jeffrey P Carver , Ms Williams reported the funds would be used to purchase furniture and equipment for the schools and these monies were a factor in the construction budgets PagePage pageNumber7755 June 2 , 2008 – 10 00 am Continued Commissioner Tony Braswell moved the Board approve the designation of State Average Daily Membership Funds , as listed above Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 8 Johnston County Schools – Request for Reimbursement of ADM Funds Ann Williams , Associate Superintendent of Facility Services for Johnston County Schools , informed the Board that at the end of the last General Assembly session , a bill was passed which ordered Average Daily Membership ADM funds from January 2008 through June 2008 to be withheld in order to pay county Medicaid payments The bill also required the counties to reimburse the school systems for these funds Ms Williams stated to date , 602,776 has been withheld with another amount scheduled to be withheld later this month Ms Williams reported Johnston County Schools is formally requesting the Board of Commissioners to reimburse ADM funds in the amount of 602,776 to be designated for Powhatan Elementary School County Manager Rick Hester reported these funds were budgeted by the County in the Medicaid line item and sufficient funds are available for the reimbursement County Finance Officer John Massey advised that the Board may want to authorize him and or the County Manager to approve the reimbursement of the amount scheduled to be withheld later in June 2008 anticipated to be approximately 200,000 Commissioner DeVan Barbour questioned if the Board could authorize the additional amount to be withheld in June until a specific project has been identified for the funds Ms Williams indicated there is a need to allocate the funds before the end of the current fiscal year Commissioner Jeffrey P Carver stated the Board could authorize the reimbursement of the additional amount at one of the upcoming budget sessions , once that exact amount is known Commissioner DeVan Barbour moved the Board approve the request to reimburse funds to Johnston County Schools for Average Daily Membership funds in the amount of 602,776 from the Medicaid line item with the funds to be designated for the Powhatan Elementary School construction project as indicated by the following budget amendment Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Education FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 63008166 ADM Reimbursement by Johnston County 602,77600 10 61401907 Medicaid 602,776 00 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 9 Public Hearing – 10 15 am – Town of Benson – Appointment to Planning Board for Extended ETJ - Advertised May 21 and 28 , 2008 – The Smithfield Herald & The News In Review The Chairman opened the public hearing and stated the purpose of the hearing is to allow for public comment , pursuant to NCGS 160A - 362 , on the Board of County Commissioners appointing a representative for the Town of Benson’s Planning Board for their extended ETJ area Chairman Pope noted the Board had received one application from Tracey John McLamb , who is a resident from the extended ETJ area Benson Town Manager Keith Langdon reported Mr McLamb had formally been a Benson Planning Board member but had resigned due to relocating outside the existing ETJ limits Mr Langdon stated Mr McLamb now resides in the extended ETJ area and would make an excellent Planning Board member for Benson There being no further comments , the Chairman closed the public hearing PagePage pageNumber8756 June 2 , 2008 – 10 00 am Continued Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board appointed Tracey John McLamb to the Benson Planning Board to represent the extended ETJ area of the Town 10 Public Hearing – 10 20 am – Industrial Revenue Bonds – House - Autry Mills Project , Series 1999 Advertised May 14 , 2008 – The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the hearing is to allow for public comment with respect to the reissuance of industrial revenue bonds for the House - Autry Mills , Inc Project , Series 1999 Economic Development Director Michael de Sherbinin , who is also a member of the Johnston County Industrial Facilities and Pollution Control Financing Authority the Authority , reported the Authority issued industrial development revenue bonds for the House - Autry Mills , Inc Project , Series 1999 in the aggregate principal amount of 7,000,000 in November of 1999 to construct a new facility in Four Oaks , North Carolina The Bank Branch Banking and Trust Company and House - Autry Mills , Inc now wish to amend the Indenture of Trust dated as of November 1 , 1999 between the Authority and Wells Fargo Bank , National Association as successor to Norwest Bank Minnesota , National Association , the Trustee , to provide for a longer principal repayment schedule Mr de Sherbinin stated House - Autry Mills and the Bank have agreed to change the repayment schedule from 13 to 18 years Mr de Sherbinin reported the public hearing is required in order to extend the maturity of the bonds Mary Nash Rusher with Hunton & Williams , Bond Counsel to the Johnston County Industrial Facilities and Pollution Control Financing Authority , addressed the Board and reiterated comments by Mr de Sherbinin regarding the project Ms Rusher reported the extension of the repayment schedule is expected to be approved by the Local Government Commission on June 3 , 2008 and has received the unanimous approval by the Johnston County Industrial Facilities & Pollution Control Financing Authority In response to a question from Chairman Cookie Pope , Ms Rusher confirmed that neither the Authority nor the County is in any way liable or responsible for the project or the payment of principal or interest on the bonds There being no further comments , the Chairman closed the public hearing Adoption of Resolution titled “ Approval in Principle of Refinancing of Industrial Project for House - Autry Mills , Inc ” The Chairman introduced the following resolution , the title of which was read APPROVAL IN PRINCIPLE OF REFINANCING OF INDUSTRIAL PROJECT FOR HOUSE - AUTRY MILLS , INC WHEREAS , The Johnston County Industrial Facilities and Pollution Control Financing Authority the “ Authority ” issued its 7,000,000 Industrial Development Revenue Bonds House - Autry Mills , Inc Project Series 1999 the “ Bonds ” on November 19 , 1999 pursuant to the North Carolina Industrial and Pollution Control Facilities Financing Act the “ Act ” ; and WHEREAS , the proceeds of the Bonds were loaned to House Autry Mills , Inc the “ Company ” and were used to acquire , construct and install a 45,000 square foot facility for the manufacture of corn meal products and other food products the “ Project ” in Four Oaks , Johnston County , North Carolina ; and WHEREAS , the Company has requested , and the Authority has agreed to assist in making certain amendments to the Indenture of Trust dated as of November 1 , 1999 the “ Indenture ” between the Authority and Wells Fargo Bank , National Association , as successor to Norwest Bank Minnesota , National Association , pursuant to which the Bonds were issued , which will extend the maturity of the Bonds ; and WHEREAS , the Bonds are supported by a letter of credit issued by Branch Banking & Trust Company the “ Bank ” , and as required by the Indenture and the documents relating to the letter of credit , the Bank has approved the amendments to the Indenture and the extension of the maturity of the Bonds ; WHEREAS , under the Internal Revenue Code of 1986 , as amended the “ Code ” , the changes to the Indenture constitute a “ reissuance ” and technical refinancing of the Bonds under the Code and require a public hearing and approval of the financing by the County ; andPagePage pageNumber9757 June 2 , 2008 – 10 00 am Continued WHEREAS , the Board of Commissioners today has held a public hearing with respect to the refinancing , as evidenced by the Certificate and Summary of Public Hearing attached hereto as Exhibit A ; and NOW , THEREFORE , the Board of Commissioners of Johnston County , meeting in regular session at Smithfield , North Carolina , on June 2 , 2008 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY 1 The Board of Commissioners hereby approves the plan of financing described above , including the extension of maturity , as required by the Code Commissioner Tony Braswell moved the passage of the foregoing resolution and Commissioner W Ray Woodall seconded the motion , and the resolution was passed by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays None Not voting None 11 Public Hearing – 10 25 am – Code of Ordinances – Proposed Amendments to Section 1 and Appendix A - Advertised May 21 and 28 , 2008 – The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the public hearing is to allow for public comment on a proposed ordinance amendment to Section 1 - 6 f 2 General Provisions of the Code of Ordinances as well as Appendix A County Attorney Mark Payne reported the County has the authority to charge for administrative and investigative costs as a result of enforcing the County’s ordinances Currently , the amount is set at 50000 and the amendment would allow for the recovery of investigative costs greater than 25000 Mr Payne stated the amendment would help to recover costs associated with some of the smaller violations the County must attend to At the inquiry of Commissioner Allen L Mims , Jr , Mr Payne reported the fees are normally received when the County seeks collection through the court system However , he clarified that the County can and does collect fees voluntarily from violators that wish to settle complaints out of court There being no further comments , 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 amendment to Section 1 - 6 f 2 General Provisions and Appendix A of the Code of Ordinances , as follows Sec 1 - 6 f 2 Those administrative costs are determined to be greater than 50000 25000 Delete current Appendix A – Schedule of Fees and Charges to be reserved for future use 12 Public Hearing – 10 30 am – Code of Ordinances – Proposed Amendments to Section 10 Advertised May 21 and 28 , 2008 – The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the public hearing is to allow for public comment on proposed ordinance amendments to Section 10 Emergency Services of the Code of Ordinances County Attorney Mark Payne stated most of the proposed amendments are technical and administrative changes which are necessary to ensure the terminology is correct with recent General Statutes Commissioner Wade M Stewart noted the Princeton Rescue Squad has not chosen to change their franchise name to Princeton EMS and stated this has been a topic of discussion by the Emergency Medical Services Advisory Committee Page0758 June 2 , 2008 – 10 00 am Continued Emergency Services Director Kim Robertson reported the Emergency Medical Services Advisory Committee can not require the Princeton Rescue Squad to change their franchise name to Princeton EMS at this time due to their current Articles of Incorporation through the State of North Carolina There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board approved the amendments to Section 10 Emergency Services of the Code of Ordinances , as follows Chapter 10 EMERGENCY MEDICAL SERVICES _________ Editors note In accordance with GS 153A - 250 , the following pre - existing providers were franchised at their current level of service with the adoption of the previous ordinance regarding emergency services TABLE INSET Benson EMS – Johnston County EMS North Johnston EMS – Johnston County EMS Rescue Squad - ALS Micro Rescue Squad - ALS Clayton EMS Rescue Squad - ALS Princeton Rescue Squad - ALS Four Oaks EMS Rescue Squad - ALS Selma EMS Rescue Squad - ALS 50 - 210 EMS Rescue Squad - ALS Smithfield EMS Rescue Squad - ALS Kenly Rescue Squad - ALS Johnston Ambulance Service - ALS Mid - South Ambulance Service - ALS Duke Life Care - ALS First Responder Fire Departments TABLE INSET Antioch Fire Department Meadow Fire Department Archer Lodge Fire Department Micro Fire Department Blackmons Crossroads Fire Department Pine Level Fire Department Cleveland Fire Department Princeton Fire Department Corinth Holder Fire Department Smithfield Fire Department Elevation Fire Department Thanksgiving Fire Department 50 - 210 Fire Department West Johnston Fire Department Kenly Fire Department Wilson’s Mills Fire Department Cross references Businesses , ch 6 State law references Ambulance services , GS 153A - 250 __________ Sec 10 - 1 Definitions Sec 10 - 2 Franchise required Sec 10 - 3 Application for ambulance franchise Sec 10 - 4 Granting of franchise Sec 10 - 5 Term of franchise Sec 10 - 6 Standards for drivers and attendants Sec 10 - 7 Standards for vehicles and equipment Sec 10 - 8 Standards for communications Sec 10 - 9 Insurance Sec 10 - 10 Records Sec 10 - 11 Rates and charges Sec 10 - 12 Enforcement Sec 10 - 13 County emergency services advisory committee Sec 10 - 1 Definitions The following words , terms and phrases , when used in this chapter , shall have the meanings ascribed to them in this section , except where the context clearly indicates a different meaning Advanced life support nontransporting unit means a vehicle identified as an advanced life support nontransporting unit It shall carry equipment and supplies in accordance with the level of advanced life support care offered by the provider with which the vehicle is affiliated These vehicles shall comply with requirements as set forth by the office of emergency medical services and other applicable General Statutes of the state Page1759 June 2 , 2008 – 10 00 am Continued Ambulance means any privately or publicly owned motor vehicle , aircraft , or vessel that is specially designed , constructed , or modified and equipped and is intended to be used for and is maintained or operated for the transportation on the streets or highways , waterways or airways of this state of persons who are sick , injured , wounded , or otherwise incapacitated or helpless Ambulance provider means an individual , firm , corporation or association who engages or professes to engage in the business or service of transporting patients in an ambulance Approved means approved by the state medical care commission pursuant to the latters rules and regulations promulgated under GS 143B - 165 Committee means the county emergency medical services advisory committee Emergency and emergency transportation service means the use of an ambulance , its equipment and personnel to provide medical care and transportation of a patient who is in need of immediate medical treatment in order to prevent loss of life or further aggravation or physiological or psychological illness or injury Emergency medical dispatch means the approved program with procedures established for the management and delivery of emergency medical assistance by a public or private agency that sends emergency medical assistance to requesting persons and provides prearrival instructions for a victim of sudden injury or illness Emergency medical technician EMT means an individual who has completed a training program in emergency medical care at least equal to the national standard training program for emergency medical technicians as defined by the United States Department of Transportation and has been certified as an emergency medical technician by the state office of emergency medical service Franchise means a permit issued by the county to a person for the operation of an ambulance service , rescue squad or first responder unit Franchisee means any person having been issued a franchise by the county for the operation of an ambulance service , rescue squad or first responder unit License means any drivers license or permit to operate a motor vehicle issued under or granted by the laws of the state Medical responder means an individual who has completed a training program in emergency medical care and first aid approved by the state department of human resources and has been certified as a medical responder by the department of health and human resources , office of emergency medical services Nonemergency transportation services means the operation of an ambulance for any purpose other than transporting emergency patients Operator means a person in actual physical control of an ambulance which is in motion or which has the engine running Owner means any person or entity who owns an ambulance Patient means an individual who is sick , injured , wounded , or otherwise incapacitated or helpless such that the need for some medical assistance might be anticipated while being transported to or from a medical facility Rescue means situations where the victim cannot escape an area through the normal exit or under his own power Responder means an organization with personnel trained in emergency medical care that is dispatched to the scene of a medical emergency for the primary purpose of providing emergency medical assistance to a patient until the ambulance and additional medical aid arrives Secondary ambulance provider means the system of personnel and equipment meeting the same criteria as a primary ambulance provider , but not normally dispatched on first call response Telecommunicator means a person who is available at all times to receive requests for emergency services , to dispatch emergency services , and to advise local law enforcement agencies , fire departments and emergency medical facilities of any existing or threatened emergency Ord of 4 - 6 - 1998 , § I Cross references Definitions generally , § 1 - 2 Sec 10 - 2 Franchise required a No person , either as owner , agent or otherwise , shall furnish , operate , conduct , maintain , advertise , or otherwise be engaged in or profess to be engaged in the business or service of emergency and or nonemergency transportation of patients within the county unless the person holds a valid permit for each ambulance used in such business or service issued by the state department of human resources , office of emergency medical services , and has been granted a franchise for the operation of such business or service by the county pursuant to this chapter b No person shall drive an ambulance , attend a patient in one , or permit one to be operated when transporting a patient within the county unless he holds a currently valid certificate as a medical responder , emergency medical technician EMT - Basic , EMT - D , EMT - intermediate , EMT - advance intermediate or EMT - paramedic issued by the state department of human resources , office of emergency medical services In an emergency situation , a member of local fire department can operate an EMS vehicle as long as the member has completed the North Carolina Emergency Vehicle Driving course c No person , either as owner , agent or otherwise , shall furnish , operate , conduct , maintain , advertise , or otherwise be engaged in or profess to be engaged in the business or service of providing rescue services , first responder services , basic life support , advanced life support or advanced life support nontransporting services unless they have been granted a franchise for the operation of such business or service by the county pursuant to this chapter d No franchise shall be required for 1 Any entity operated from a location or headquarters outside of the county in order to transport patients who are picked up beyond the limits of the county , to facilities located within the county , or to pick up patients within the county for transporting to locations outside the county ; but no such entity shall be used to pick up patients within the county for transporting to locations within the county or other locations unless it is rendering assistance to a franchised ambulance service in the case of a major catastrophe , mutual aid or emergency with which the services franchised by the county are insufficient or unable to cope as referred to in this subsection d 1 ; orPage2760 June 2 , 2008 – 10 00 am Continued 2 An ambulance owned and operated by the State , County or an agency of the United States government Ord of 4 - 6 - 1998 , § II Sec 10 - 3 Application for ambulance franchise Application for a franchise to operate ambulances in the county shall be made by the ambulance provider upon such forms as may be prepared or prescribed by the county and shall contain 1 The name and address of the ambulance provider and of the owner of the ambulance 2 The trade or other fictitious names , if any , under which the applicant does business , along with a certified copy of an assumed name certificate stating such name or articles of incorporation stating such name 3 A resume of the training and experience of the applicant in the transportation and care of patients 4 A full description of the type and level of service to be provided including the location of the place or places from which it is intended to operate , the manner in which the public will be able to obtain assistance and how the vehicles will be dispatched A financial statement of the applicant as the financial statement pertains to the operations in the county Such financial statement shall be in such form and in such detail as may be required by the county 5 A list of radio frequencies the applicant is authorized to operate on , and a copy of the FCC license in the name of the person providing the service 6 A description of the applicants capability to provide 24 - hour coverage , seven days per week for the district covered by the franchise applied for , and an accurate estimate of the minimum and maximum times for a response to calls within such district 7 Any information the county shall deem reasonably necessary for a fair determination of the capability of the applicant to provide ambulance services in the county in accordance with the requirements of state laws and the provisions of this chapter 8 The county may establish and from time to time revise a schedule of rates , fees and charges that may be charged by franchised operators 9 The county may establish and from time to time revise a schedule of rates , fees and charges that may be charged for the review of franchise applications Ord of 4 - 6 - 1998 , § III Sec 10 - 4 Granting of franchise a Prior to accepting applications for the operation of an ambulance service , the board of commissioners may designate specific service areas as franchise districts Such districts will be established using criteria that include geographic size , road access , the location of existing medical transportation services , population , and response time The county shall have the authority to redistrict or rearrange existing districts at any time at their discretion b An applicant may apply for a franchise to operate either emergency transportation services or nonemergency transportation services , rescue services , first responder services , or advance life support nontransporting services If more than one type of service is to be provided , separate applications may , at the discretion of the committee , be required for each type c Upon receipt of an application for a franchise , the county shall schedule a time and place for hearing the applicant Within 30 days after the hearing , the county shall cause such investigation as it may deem necessary to be made of the applicant and his proposed operations d A franchise may be granted if the county finds that 1 The applicant shows a reasonable effort to meet state standards and standards outlined in this chapter 2 The proposed service will fit within the existing service so as not to adversely affect the level of service or operations of other franchisees to render service 3 A need exists for the proposed service in order to improve the level of services available to residents of the county and a reasonable and cost effective manner of meeting the need Ord of 4 - 6 - 1998 , § IV Sec 10 - 5 Term of franchise a The county may issue a franchise under this chapter to an ambulance provider or other provider as outlined in section 10 - 4 b , to be valid for a term to be determined by the county provided that either party at its option , may terminate the franchise upon 60 days prior written notice to the other party After a notice of service termination is given , the provider may reapply for a franchise if continued service is desired b Franchised providers receiving revenues from the county through county contract or subsidy , shall provide adequate and complete information annually for audit purposes Failure to do so will result in termination of subsidy until such information is provided and may at the discretion of the board result in revocation of the franchise agreement c Upon suspension , revocation , or termination of a franchise granted under this chapter , such franchised ambulance service , rescue squad EMS agency , first responder unit , or ALS nontransporting unit immediately shall cease operations Upon suspension , revocation , or termination of a drivers license or attendants certificate or emergency medical technician certificate , such persons shall cease to drive an ambulance or provide medical care in conjunction with an ambulance service , or attend an ambulance The franchisees shall not or permit such an individual to drive an ambulance or provide medical care in conjunction with the ambulance service , rescue squad or first responder unit d Each franchised ambulance service shall comply at all times with the requirements of this chapter , the franchise granted under this chapter , and all applicable state and local laws relating to health , sanitation , safety , equipment , ambulance design and all other laws and ordinances e Prior approval of the county shall be required where ownership or control of more than ten percent of the right of control of franchisees is acquired by a person or group of persons acting in concert , none of whom own or control ten percent or more of such right of control , singularly or collectively , at the date of the franchise By its acceptance of thePage3761 June 2 , 2008 – 10 00 am Continued franchise , the franchisee specifically agrees that any such acquisition occurring without prior approval of the county shall constitute a violation of the franchise by the franchisee and shall be cause for termination at the option of the county f Any change of ownership of a franchised ambulance service without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this chapter g Any change in the level of service offered by a franchised ambulance service , rescue squad EMS agency or first responder unit without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this chapter upon original franchising h No franchise may be sold , assigned , mortgaged , or otherwise transferred without the approval of the county and a finding of conformance with all requirements of this chapter upon original franchising Each franchised ambulance service , its equipment and the premises designated in the application and all records relating to its maintenance and operation , as such , shall be open to inspection by the state , county , or their designated representatives Ord of 4 - 6 - 1998 , § V Sec 10 - 6 Standards for drivers and attendants Standards for drivers and attendants as developed by the state medical care commission as requirements for certification of medical responders and emergency medical technicians pursuant to the General Statutes and rules and regulations promulgated by the board of medical examiners for advanced life support technicians shall be applied and the same are incorporated in this chapter by reference Ord of 4 - 6 - 1998 , § VI Sec 10 - 7 Standards for vehicles and equipment Vehicle and equipment standards , as developed by the state medical care commission pursuant to the General Statutes , shall be applied and the same are incorporated in this chapter by reference Ord of 4 - 6 - 1998 , § VII Sec 10 - 8 Standards for communications a Each ambulance vehicle shall be equipped with an operational two - way radio capable of establishing good quality voice communications from within the geographic confines of the county to each hospital emergency department in the county in which the ambulance is based Each ambulance vehicle shall be equipped with two - way radio communication capabilities for communications with all hospital emergency departments to which transportation of patients is made on a regular or routine basis anywhere within the state Each ambulance vehicle shall be equipped with an operational two - way radio capable of establishing good quality voice communications from within the geographic confines of the county in which the ambulance dispatching agency is located b Each ambulance provider shall maintain current authorizations or Federal Communication Commission licenses for all frequencies and radio transmitters operated by that provider Copies of all authorizations and licenses shall be on display and available for inspection per Federal Communication Commissions rules and regulations c Each base of operations must have at least one open telephone line Telephone numbers must be registered with each law enforcement agency and communications center in the county d Each ambulance shall be dispatched from the county communications center or an acceptable and approved alternative Ord of 4 - 6 - 1998 , § VIII Sec 10 - 9 Insurance a No ambulance franchise shall be issued under this chapter , nor shall such franchise be valid after issuance , nor shall any ambulance be operated in the county unless the franchisee has at all times in force and effect either insurance coverage , issued by an insurance company licensed to do business in the state , or a bond with personal corporate surety for each and every ambulance owned and or operated by or for the ambulance service providing for the payment of damages in the following sums 1 In the minimum sum of 500,00000 for injury to or death of one individual and a minimum of 1,000,00000 per accident in accidents resulting from any cause for which the owner of such vehicle would be liable on account of liability imposed on him by law , regardless of whether the ambulance was being driven by the owner or his agency ; and 2 In the minimum sum of 100,00000 for the loss of or damage to the property of another , including personal property , under like circumstances , in sums as may be required by the state or as approved by the county b The franchisee shall hold harmless and indemnify the county from and against any and all liabilities , costs , damages , expenses , and attorneys fees resulting from or attributable to any and all acts and omissions of the franchisee All franchisees shall maintain an errors and omissions policy in an amount not less than 1,000,00000 To the extent that any such liabilities , costs , damages , expenses , and attorneys fees are compensated for by insurance , the franchisee shall not be required to reimburse the county or the insurer for the same Ord of 4 - 6 - 1998 , § IX Sec 10 - 10 Records Each franchisee under this chapter shall maintain the following records 1 Record of dispatch The record of dispatch shall show time call was received , time ambulance dispatched , time arrived on scene , time arrived at destination , time in service , and time returned to base 2 Trip record The trip record shall state all information required in subsection 1 of this section in addition to information on a form approved by the county The trip record shall be so designed as to provide the patient with a copy thereof containing all required information A copy of the trip record may serve as a receipt for any charges paid Page4762 June 2 , 2008 – 10 00 am Continued 3 Driver and attendant checklist and inspection report The driver and attendant checklist and inspection report shall list contents and description of operations for each vehicle , signed by the individual verifying vehicle operations and equipment 4 Other data Other data shall be submitted as requested by the committee or the county director of emergency management services Ord of 4 - 6 - 1998 , § X Sec 10 - 11 Rates and charges a Each franchisee under this chapter shall submit a schedule of rates to the county for approval and shall not charge more nor less than the approved rates without specific approval by the county b No ambulance service shall attempt to collect rates on emergency calls until the patient has reached the point of destination , has received medical attention and is in a condition deemed by the physician fit to consult with the ambulance service , but such services may attempt to collect rates with family or guardian of the patient once the patient is in the process of receiving medical attention c On nonemergency calls , or calls where a person requires transportation to a nonemergency facility , attempts to collect payment may be made before the ambulance begins its trip Ord of 4 - 6 - 1998 , § XI Sec 10 - 12 Enforcement a The county office of emergency management services director shall be responsible for 1 Overseeing of the regulations contained within this chapter 2 Receiving all franchise proposals from potential providers 3 Reviewing each proposal for conformance to this chapter 4 With the approval or disapproval of the committee , recommending to the board of commissioners the approval or disapproval of the franchise to the applicant submitting the proposal 5 Ensuring by cooperative agreement with other ambulance services the continued service in a district where an ambulance service franchise has been suspended , and maintaining all records required by this chapter and other applicable county regulations 6 Serving as staff to the county emergency medical services advisory committee on all matters that pertain to the committees function b It shall be the responsibility of the ambulance provider to ensure that the ambulance operation complies with the provisions of this chapter and all rules adopted for this chapter Upon the violation of any part of this chapter or any rule adopted under authority of this chapter , the county shall have the power to revoke or suspend the franchise of the violator The operation of an ambulance without a valid franchise or after a franchise has been suspended or revoked or without an emergency medical technician and or medical responder aboard as required by GS 131E - 158 , shall constitute a misdemeanor punishable by a fine or imprisonment or both in the discretion of the court Ord of 4 - 6 - 1998 , § XII Sec 10 - 13 County emergency medical services advisory committee a The county emergency medical services advisory committee , whose membership shall be appointed by the board of county commissioners , shall have the responsibility and duty of advising the emergency management services director and board of commissioners on matters relating to the enforcement of this chapter as specified in section 10 - 12 and shall develop and recommend for approval by the board of county commissioners such standards of care , policies , procedures and actions which will maintain and improve the quality of emergency medical services for the residents of the county b Membership of the committee shall consist of 1 One county commissioner 2 Two active EMS members currently involved in the management of a franchised EMS Agency of a franchised EMS service or rescue squad in the county 3 Two active members of the county fire service , one both being involved in management a fire chief of a first responder department 4 One representative of the emergency room physicians of Johnston Memorial Hospital The EMS medical director or assistant medical director for Johnston County 5 One representative of the Department of Continuing Education of Johnston Community College 6 Two citizens at large c All members of the committee shall have full and equal voting rights on matters to be considered by the committee 13 Public Hearing – 10 35 am – Proposed County Budget for FY 08 - 09 Advertised May 21 and 28 , 2008 – The Smithfield Herald The Chairman opened the public hearing , and stated the purpose of the hearing is to allow public comment on the proposed 2008 - 2009 County budget County Manager Rick Hester stated the proposed budget and budget message have been completed and copies are available for distribution He requested the budget message be inserted into the minutes Mr Hester also requested the Board to schedule special meetings to discuss the budget , once the public hearing has been closed Page5763 June 2 , 2008 – 10 00 am Continued There being no further comments , the Chairman closed the public hearing It was the unanimous consensus of the Board to schedule two special budget meetings for Monday , June 9 , 2008 and Wednesday , June 11 , 2008 at 6 00 pm to be held in the Commissioners meeting room FY 2008 - 2009 Budget Message Dear Board Members Enclosed is the proposed general fund budget for fiscal year 2008 - 2009 The 179 million budget maintains the current property tax rate of 078 per 100 valuation This budget is 62 higher than the current year’s adopted budget The proposed budget includes a formula - based 74 increase in current expense funding for Johnston County Schools The North Carolina Public School Forum recently released their annual report , and it was th noted that Johnston County ranked 10 in North Carolina in terms of relative effort for school system funding Relative effort is defined in the study as “ a measure comparing actual effort and ability to pay ” The proposed budget also includes a 7 increase in current expense funding for Johnston Community College Funding estimates for the County’s two new EMS partnerships with North Johnston and Benson have also been included The County’s debt service will increase 61 for a total appropriation of 302 million in fiscal year 2008 - 2009 , which represents an increase of 17 million for debt service Please keep in mind that Johnston County recently received another bond rating upgrade from Standard and Poor’s that will continue to save taxpayer money on interest costs Our mission is for Johnston County to be an AAA - rated county As you will recall , the Board recently adopted financial policy guidelines , which will be a valuable tool as we move forward We are now moving into the second year of the Medicaid relief program that was adopted by the North Carolina General Assembly It is important to remember that as our Medicaid expenditures decrease , so will the Article 44 sales tax revenue New Positions The proposed budget includes recommendations for 16 new positions to be effective October 1 , 2008 Only six of the proposed positions are from the general fund The new positions proposed are as follows • 6 jailers in the Sheriff’s Office General Fund • 6 Public Utilities employees Enterprise Fund • 1 Public Utilities conversion of one position from ¾ - time to full - time Enterprise Fund • 3 employees in the Tax Office for preliminary revaluation work Revaluation Fund Fee Increases The Public Utilities Department is proposing an increase in the landfill tipping fee for municipal solid waste MSW and construction and demolition debris C & D by 200 per ton The increase was mandated by action of the North Carolina General Assembly in 2007 The tipping fee for MSW will increase from 3300 to 3500 per ton , and the tipping fee for C & D will increase from 2500 to 2700 per ton Animal Services is proposing a fee increase for animal cruelty from 100 to 500 and the animal abandonment fee from 100 to 200 Most of these situations involve much investigation and resources , and the fee increases would help to offset those costs Pay Increases The proposed budget includes a 21 percent adjustment plus performance pay I would like to express my appreciation to John Massey , Paula Woodard , Angie Smith , Ellen Beck , and Kyle Richter for their excellent work during the budget process Sincerely , Rick J Hester County ManagerPage6764 June 2 , 2008 – 10 00 am Continued 14 Emergency Services – Amendment to EMS Advisory Committee By - Laws Emergency Services Director Kim Robertson re