October 6, 2008 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 68 Meeting of the Johnston County Board of Commissioners October 6 , 2008 10 00 am The Johnston County Board of Commissioners met in regular session Monday , October 6 , 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 Melissa A Daughtry , Paralegal Interim Deputy Clerk Chairman Cookie Pope called the meeting to order at 10 00 am Commissioner W Ray Woodall opened the meeting with a prayer Commissioner Jeffrey P Carver led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – September 2 , 2008 10 00 am and 6 00 pm ; September 4 , 2008 6 00 pm ; and September 23 , 2008 6 00 pm Citizens Workshop 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 Serenity Pointe Drive – Serenity Pointe Subdivision formerly Nottoway – Pine Level Township Clayton Pointe Drive , Eagle Pointe Lane , Falcon Pointe Lane , and Dove Pointe Lane – Clayton Pointe Subdivision – Phases I , II , and III formerly Swift Creek Landing – Wilson’s Mills Township Vinyard Drive , Merlot Court , Concord Court , and Corvina Drive – Hannahs Creek Subdivision – Phase One – Clayton Township C Memorandum of Understanding with the Town of Clayton – Allowing the Voluntary Agricultural District Program to Exist within the Town of Clayton Boundaries The Board approved a Memorandum of Understanding between the County and the Town of Clayton to allow Voluntary Agricultural Districts to exist within the Town of Clayton’s boundaries D Resolution – National Farm City Week November 21 – 27 , 2008 , as follows NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 21 - 27 , 2008 WHEREAS , agriculture has always been a cornerstone of Johnston County’s way of life , we acknowledge dedicated farmers improve our well being by working to ensure a healthy and abundant agriculture supply To succeed in this important enterprise , our farmers rely on essential partnerships with non - rural communities to supply , sell and deliver finished products across the country and around the world During National Farm - City Week , we recognize the importance of this cooperative network to the success of the agriculture industry Page69 October 6 , 2008 – 10 00 am Continued WHEREAS , farming was America’s first industry and continues today to provide us with many of the necessities of life such as food and clothing , as well as fuel for our energy needs Agriculture employs a substantial number of workers in Johnston County including farmers and ranchers , shippers , processors , marketers , retailers , truck drivers , and inspectors and others who annually contribute more than 1 billion in retail sales in Johnston County WHEREAS , we welcome new opportunities for trade , hard work and successful cooperation between farmers and city workers to continue to play a vital role in our country’s success and be a critical resource for countless people here and around the nation WHEREAS , Farm - City collaborations help maintain and improve our nation’s food and fiber supply and contribute to a better quality of life for countless citizens We commend the many Johnstonians whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all WHEREAS , we gather with family and friends around the Thanksgiving table , it is fitting that we count among our blessings the vital farm - city partnerships that have done so much to improve the quality of our lives Rural and non - rural communities working together have made the most of our rich agricultural resources , and they continue to contribute to the health and well being of our people and to the strength of our economy NOW , THEREFORE , we the Commissioners of Johnston County , do hereby proclaim November 21 - 27 , 2008 , as Farm - City Week We call upon citizens in rural and city areas to acknowledge and celebrate the achievements of all those who , working together , produce an abundance of agriculture products that strengthen and enrich our community and nation Proclaimed this the 6th day of October , 2008 E Town of Clayton – Call for Public Hearing The Board scheduled a public hearing for the November 3 , 2008 , 10 00 am meeting to allow for public comment , pursuant to NCGS 160A - 362 , on the Board of County Commissioners receiving applications for the purposes of appointing one representative to the Town of Clayton’s Planning Board and two representatives to the Town’s Board of Adjustment for their extended ETJ area F Tax Releases & Refunds – 08 16 2008 – 09 15 2008 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2008 0807 - 795538 0804 - 901876 MILLER , WILLIAM JOHN Tag Surrender 13475 2007 0806 - 778672 0803 - 885258 JACKSON , TERRANCE J Release 10743 2008 0808 - 805660 0805 - 919998 JACKSON , TERRANCE J Release 24194 2008 0808 - 808714 0805 - 917543 HINCE , GREG ALAN Release 13115 2007 0803 - 742406 0712 - 825238 PERRAS , FRANCES AMMERMAN Overpayment 10030 2008 0808 - 815573 0805 - 919034 POTTER , WILLIAM SAM Release 10996 2008 0808 - 803018 0805 - 913900 PENNY , ANDY MACK Release 17187 1999 9911 - 640113 9909 - 833401 HOLT , JOSEPH VADEN Release 10001 2007 0806 - 775765 0803 - 888612 ELLIS , JOHN CRAIG Release 12554 2008 0808 - 809086 0805 - 918307 STEPHENS , JOHN DANIEL Release 36365 2008 0808 - 811288 0805 - 908830 BRIDGERS , JANET HAYES Release 10225 2008 0808 - 810764 0804 - 920253 WOODARD , PATRICIA LAWRENCE Release 10639 2008 0808 - 816124 0805 - 918895 SOUTHERN EQUIPMENT CO , INC Release 4,58798 2008 0808 - 809222 0805 - 908675 WISE , DANIEL BLAIR Release 14162 2007 0803 - 745834 0712 - 824354 WARD , BEVERLY SMITH Overpayment 35436 2008 0808 - 811596 0805 - 917353 SMITH , RANDY DEAN Release 15123 2008 0808 - 814519 0805 - 917407 SMITHFIELD FINANCIAL SERVICES INC Release 11759 2008 0808 - 804838 0805 - 918135 CLARK , JUSTIN ANDREW Release 25105 2007 0802 - 729852 0711 - 810077 ACTKINSON , BEVERLY HARRIS Overpayment 16940 2008 0808 - 816127 0805 - 919896 SOUTHERN EQUIPMENT CO , INC Release 66825 2008 0808 - 816122 0805 - 917505 SOUTHERN EQUIPMENT CO , INC Release 66825 2008 0808 - 816120 0805 - 915114 SOUTHERN EQUIPMENT CO , INC Release 2,35696 2008 0808 - 803458 0805 - 916802 EDWARDS , RONNIE EUGENE Release 20251 2007 0802 - 736627 0711 - 812740 BLANKINSHIP , LEA WOODARD Overpayment 33300 2008 0808 - 806700 0805 - 914113 SCHNEIDER , NICHOLAS EDWARD Release 12525 2008 0807 - 791156 0804 - 894640 MOORE , LAURA LAUGHTER Overpayment 17394 2008 0808 - 806303 0805 - 918011 OJO , EMMANUEL OLUBISI Release 14093 2007 0805 - 766094 0802 - 867099 MOORE , IV , JOHNATHAN EDWARD Release 14926 2006 0701 - 566296 0610 - 636164 HIGGINS , JOHN CLERON Release 12945 2008 0807 - 792885 0804 - 904786 MOTA , EDWIN ANTHONY Release 22605 2008 0808 - 811286 0805 - 916603 BRAY , STEVEN CHRISTOPHER Release 28728 2008 0807 - 797659 0804 - 895683 AYCOCK , KELLY POPE Overpayment 11296 2007 0804 - 754036 0801 - 836257 SPRUILL , LAKEISHA Overpayment 12935 2007 0804 - 754036 0801 - 836257 SPRUILL , LAKEISHA Void Refund 12935Page70 October 6 , 2008 – 10 00 am Continued 2007 0806 - 789439 0803 - 889219 REGIONS BANK Overpayment 28885 2007 0806 - 789438 0803 - 885639 REGIONS BANK Overpayment 28885 2008 0807 - 795796 0804 - 904769 VALIQUETTE , MICHAEL DAVID Overpayment 15886 2008 0809 - 816540 0708 - 935388 HOTON , PATRICK ROBERT Release 14998 2008 0808 - 808949 0805 - 917781 PATTON , GABRIEL VINCENT Release 18663 2006 0706 - 625502 0703 - 700196 HALL , JR , DAVID MICHAEL Overpayment 14018 2007 0805 - 763706 0802 - 871417 HOLLAND , DANNY MACK Tag Surrender 20230 2008 0808 - 806506 0805 - 908419 RABON , ROBERT GREGORY Release 10357 2008 0808 - 805700 0805 - 914682 JOHNSON , DEBORAH EVANS Release 14061 2008 0808 - 803022 0805 - 919638 PERRY , JOSHUA BRYAN Release 13634 2007 0802 - 729173 0711 - 813314 EPPERSON , SCOTT RANDOLPH Overpayment 15334 2007 0805 - 774425 0802 - 871071 BAUER , DAVID JAMES Overpayment 43833 2007 0803 - 746686 0712 - 824707 BROWN , GARY EDWIN Overpayment 10409 2008 0808 - 808918 0805 - 918871 NAYLOR , JR , HUBERT LEE Release 20094 2008 0808 - 803831 0805 - 915520 MILES , ROSEMARIE Release 16191 2007 0710 - 689409 0707 - 758066 WOODALL , JOAN DRISCOLL Overpayment 11832 2008 0807 - 799606 0804 - 903920 BLANTON , JR , JOHN MANNING Overpayment 15474 2008 0808 - 807640 0805 - 909292 DEWITT , DOROTHY LEONARD Overpayment 20196 2008 0808 - 816123 0805 - 918698 SOUTHERN EQUIPMENT CO , INC Overpayment 66825 2008 0808 - 807634 0805 - 914263 DEES , JR , GROVER THOMAS Release 21490 2007 0806 - 784175 0804 - 890347 SURLES , ANNIE KELLY Release 14688 2008 0808 - 811529 0805 - 919250 PEEDEN , ROGER LYNN Release 20455 2007 0804 - 760534 0801 - 834353 LANGSTON , JAN JONES Overpayment 13395 Real Personal Property Releases 08 25 2008 16 33 28 0105 SHEILA 2008 - 061754 002000102107 NOLES , SHELTON 1,68815 08 26 2008 10 59 41 0105 SHEILA 2008 - 200403 002000123758 JOHNSON , JERRY B 42641 08 27 2008 15 59 28 0121 CATHY 2008 - 200401 002000108489 JOHNSON , J KENNETH 43885 08 27 2008 16 00 28 0121 CATHY 2008 - 200402 002000114069 JOHNSON , J KENNETH 42641 08 27 2008 16 16 57 0121 CATHY 2008 - 036928 002000133098 HINES , LINWOOD E JR 88413 08 27 2008 17 06 13 0105 SHEILA 2008 - 025556 002000134140 ECKHOFF , JAMES A 10712 08 28 2008 12 43 04 0121 CATHY 2007 - 030754 002000117512 GOLDEN PROPERTIES OF NC 2,04633 08 28 2008 16 49 04 0105 SHEILA 2008 - 003790 000081155517 B P EXPLOR & OIL INC 18258 08 28 2008 16 54 17 0105 SHEILA 2008 - 068294 002000066390 PRECISIONAIRE INC 32,32062 08 28 2008 17 09 52 0105 SHEILA 2008 - 068295 002000090817 PRECISIONAIRE INC 13,81697 08 29 2008 08 45 33 0105 SHEILA 2008 - 201366 000081155517 B P EXPLOR & OIL INC 82637 08 29 2008 08 59 19 0105 SHEILA 2008 - 002077 000002437140 AMOCO CORP 0018004794 68327 08 29 2008 09 26 34 0105 SHEILA 2008 - 099564 002000141359 FORBES , DEAN KENNETH 25245 08 29 2008 09 37 00 0105 SHEILA 2008 - 039067 002000125607 HOOVER , JANET 10296 08 29 2008 09 38 53 0105 SHEILA 2008 - 028342 002000131982 FISHER , JAMIE CHRISTOPHER 2,38789 08 29 2008 09 39 58 0105 SHEILA 2008 - 005785 000007047925 BAREFOOT , LARRY GLEN 11610 08 29 2008 09 40 59 0105 SHEILA 2008 - 005786 000007047925 BAREFOOT , LARRY GLEN 11610 08 29 2008 14 31 29 0105 SHEILA 2008 - 082722 002000118157 TART , NELLIE ROSE 42753 08 29 2008 14 46 09 0105 SHEILA 2008 - 013546 002000113947 BYRD , GREGORY B 12087 08 29 2008 14 58 31 0105 SHEILA 2008 - 052618 002000080239 LOVE , TOMMIE L 19291 08 29 2008 14 59 53 0105 SHEILA 2008 - 014013 002000083145 C R Q MASONRY INC 44712 08 29 2008 15 05 00 0105 SHEILA 2008 - 014181 002000073448 CAMBRIDGE BLDRS INC 50879 08 29 2008 15 06 40 0105 SHEILA 2008 - 040428 002000121297 INDEPENDENT CONS SVC PA 10432 08 29 2008 15 07 57 0105 SHEILA 2008 - 008820 002000132720 BLACK CREEK NURSERY INC 1,23584 08 29 2008 15 10 51 0105 SHEILA 2008 - 046638 002000128442 KENNEKE , KATHY M 14459 09 02 2008 11 50 46 0105 SHEILA 2008 - 201336 002000142288 C & S PROPERTIES LLC 26029 09 03 2008 09 09 04 0105 SHEILA 2008 - 099101 002000085521 WELLS FARGO FIN LSG INC 1,45530 09 03 2008 16 40 37 0105 SHEILA 2008 - 085457 000089582262 TWIN STATES FINANCIAL CORP 28269 09 03 2008 17 04 29 0105 SHEILA 2008 - 073672 002000102315 S CLARENCE WOODARD SR 88288 09 03 2008 17 06 04 0105 SHEILA 2008 - 073671 002000102315 S CLARENCE WOODARD SR 1,09693 09 05 2008 15 16 12 0121 CATHY 2008 - 040762 002000114535 J E ROGERSON ESTATE 42407 09 05 2008 15 48 19 0105 SHEILA 2008 - 003064 002000123773 ATB ARCHERS LODGE DEVELOP 37162 09 05 2008 15 49 30 0105 SHEILA 2008 - 201426 002000123773 ATB ARCHERS LODGE DEVELOP 37162 09 08 2008 11 06 41 0105 SHEILA 2008 - 098009 002000137722 MILLS , ANNIE TERESA 59012 09 08 2008 11 24 13 0105 SHEILA 2008 - 045196 002000116931 JONES , MICHAEL STEVEN 11362 09 08 2008 14 39 20 0121 CATHY 2008 - 095317 002000136149 SMALLWOOD , WILLIAM H 58000 09 08 2008 16 00 33 0105 SHEILA 2008 - 089557 002000106514 WHITLEY FARMS DEVELOP 78656 09 09 2008 16 59 20 0105 SHEILA 2008 - 097786 002000059628 RIVERWOOD ON THE NEUSE 44220Page71 October 6 , 2008 – 10 00 am Continued 09 09 2008 17 00 30 0105 SHEILA 2008 - 097782 002000059628 RIVERWOOD ON THE NEUSE 44220 09 09 2008 17 01 26 0105 SHEILA 2008 - 097783 002000059628 RIVERWOOD ON THE NEUSE 44220 09 09 2008 17 02 20 0105 SHEILA 2008 - 097784 002000059628 RIVERWOOD ON THE NEUSE 44220 09 09 2008 17 03 21 0105 SHEILA 2008 - 097785 002000059628 RIVERWOOD ON THE NEUSE 44220 09 09 2008 17 05 05 0105 SHEILA 2008 - 097781 002000059628 RIVERWOOD ON THE NEUSE 44220 09 09 2008 17 06 02 0105 SHEILA 2008 - 097787 002000059628 RIVERWOOD ON THE NEUSE 44220 09 09 2008 17 06 56 0105 SHEILA 2008 - 097789 002000059628 RIVERWOOD ON THE NEUSE 44220 09 09 2008 17 08 45 0105 SHEILA 2008 - 097788 002000059628 RIVERWOOD ON THE NEUSE 44220 09 10 2008 12 29 08 0105 SHEILA 2008 - 033393 002000031203 GUTHRIE , WILLIAM G 35337 09 11 2008 12 06 12 0105 SHEILA 2008 - 200822 000083080202 STEPHENS , RUBY B 38810 09 11 2008 12 07 11 0105 SHEILA 2008 - 200823 000083080202 STEPHENS , RUBY B 40196 09 11 2008 12 08 06 0105 SHEILA 2008 - 200824 000083080202 STEPHENS , RUBY B 40196 09 12 2008 16 27 32 0121 CATHY 2008 - 025070 002000109502 DWF DEVELOPMENT INC 50694 09 15 2008 16 17 47 0121 CATHY 2007 - 080290 002000118157 TART , NELLIE ROSE 42500 Real Personal Property Refunds LOCKBOX 8 18 2008 14 41 52 9999 2008 - 099328 2000140635 WOODARD , TIMOTHY CHARLES 25245 LOCKBOX 8 20 2008 14 52 54 9999 2008 - 086136 2000062203 VAUGHAN , WILLIAM R JR 11836 RENEE 8 25 2008 9 19 29 187 2007 - 002109 2000108162 ANDERSON , EVELYN KAYE 37291 RENEE 8 25 2008 10 16 11 187 2007 - 009138 2000095377 BLANTON , JOHN 40352 TERI 8 25 2008 14 57 52 189 2007 - 002109 2000108162 ANDERSON , EVELYN KAYE 2248 CATHY 8 27 2008 16 05 24 121 2008 - 200402 2000114069 JOHNSON , J KENNETH 15709 CATHY 8 27 2008 16 05 59 121 2008 - 200401 2000108489 JOHNSON , J KENNETH 54291 CATHY 8 27 2008 16 18 09 121 2008 - 036928 2000133098 HINES , LINWOOD E JR 88413 CATHY 8 28 2008 12 44 47 121 2007 - 030754 2000117512 GOLDEN PROPERTIES OF NC 2,04633 CATHY 9 2 2008 8 24 10 121 2008 - 067709 2000038220 POOLE , JERRY L 95806 JAN 9 2 2008 14 44 27 165 2008 - 002270 2000060482 ANDERSON , ROYCE GENE 13010 JENNIFER 9 4 2008 10 36 29 310 2007 - 089149 2000103085 WILSON , VINCENT 15125 JENNIFER 9 5 2008 15 16 26 310 2008 - 099356 2000058660 AUTO - CHLOR SYSTEM 33979 JENNIFER 9 8 2008 9 39 40 310 2008 - 048969 2000065268 LARSON , BOBBIE E 87557 CATHY 9 8 2008 14 42 14 121 2008 - 095317 2000136149 SMALLWOOD , WILLIAM H 58000 JAN 9 9 2008 9 41 48 165 2008 - 096721 2000136832 CATES , NORA 63438 CATHY 9 9 2008 14 40 22 121 2008 - 200403 2000123758 JOHNSON , JERRY B 79594 TERI 9 12 2008 13 14 08 189 2007 - 089149 2000103085 WILSON , VINCENT 8701 September 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 08 16 08 to 09 15 08 Tax refunds - Personal Real Property 67561 Tax releases - Personal Real Property 1,33285 Motor Vehicle releases refunds 6,19475 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer John R Massey 3 Proclamation – Employee Appreciation Week – October 13 - 17 , 2008 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board adopted the following proclamation in appreciation of county employees JOHNSTON COUNTY EMPLOYEE APPRECIATION WEEK October 13 – October 17 , 2008 WHEREAS , Johnston County employees represent approximately 950 men and women , working in 31 different service departments and agencies , devoted to making Johnston County a better place to work and live ; and WHEREAS , Johnston County employees provide a multitude of services for all the citizens of the County - the farmer , the retailer , the industrial businessman , the homeless , the jobless , the homeowner , the veteran , the disaster victim , the victim of violence , the sick , the poor , the educated , the uneducated , the youth , the elderly , the newcomer , and the old - timer ; and WHEREAS , Johnston County employees are both skilled and efficient in their jobs , making every effort to expend county tax dollars in the most effective way for the betterment of the County and its citizens ; and WHEREAS , Johnston County Government runs smoothly on a day to day basis primarily because of the dedicated employees in each of its departments and agencies NOW , THEREFORE , in appreciation for their dedication to the welfare of the citizens of our County , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the week of October 13 - 17 , 2008 as COUNTY EMPLOYEE APPRECIATION WEEK th Adopted this the 6 day of October , 2008 PagePage pageNumber572 October 6 , 2008 – 10 00 am Continued 4 Presentation of Service Pins The Board presented years of service pins to the following employees who have worked for Johnston County for 5 , 10 , 15 , 20 , 25 , 30 , and 35 years 5 Years 10 Years Chad Massengill Animal Services Cheryl Alford Child Support Wanda Archibald Child Support Mark Payne County Attorney Jimmie Turbeville Communications Cynthia Foster Environmental Health Kaye Ward Cooperative Extension Penny Evans Health John Phillips Environmental Health Tracy Baker Health Jasenia Martinez Health Christy Barfield Health Luz Lopez Health Antonia Petersen Health Christy Creech Health Melissa Ward Health Bryan Robinson Inspections Norma Dyer Health Debra McZorn Jail Marilyn Pearson Health Rose Thompson Jail Tommy Clifton Inspections Janet Raetz Jail Virginia Pratt Maintenance Ernestine Lewis Jail Billy Cooke Maintenance Lewis Allen Jail Maggie Dixon Maintenance Ann Mumford Jail Lorraine Creech Mental Health Margaret Marshall Library Anne Grimes Mental Health Reecie Williams Maintenance Jim Barbot Public Utilities Shervonya Braswell Mental Health Rick Proctor Public Utilities Berry Gray Planning Tim Broome Public Utilities Joni Sanderford Planning Charlie Johnson Public Utilities James Watson Public Utilities David Penny Public Utilities Debbie Holloman Public Utilities Peggy Ingram Register of Deeds Kim Jones Public Utilities Sean Stewart Sheriff Allen Best Public Utilities Christine Gregory Sheriff Craig Olive Register of Deeds Gary Bridges Sheriff Drew Medlin Sheriff Brian Murphy Sheriff Craig Fish Sheriff Gary Nord Sheriff Andy Worley Sheriff Matthew Lee Sheriff Jimmie Johnson Sheriff Teresa Gardner Social Services Dana Wilkerson Sheriff Natasha Richardson Social Services Maria Fortuno Social Services Shannon West Social Services Tenika Robinson Social Services Mavis Felton Social Services Kimberly Watts Social Services Angela Surles Social Services Craig Ennis Social Services Pat Tagliaferro Social Services Cruz Westen Social Services Tina Williams Social Services Mary Johnson Social Services Theresa Chamberlin Social Services Jennifer Ramirez Valdez Social Services Sharion Whitley Tax Deidra Creech VeteransPagePage pageNumber673 October 6 , 2008 – 10 00 am Continued 15 Years 25 Years Deana Pope Child Support Rebecca Pittman Health Wendy Daughtry Child Support Carol Edwards Health Ron Hughes Cooperative Extension Brenda Capps Health Sherrie Flowers Health RB Jones Inspections 30 Years Margo George Library Saundra Cox Health Lynelle Batten Maintenance Cynthia Toudle Health Sammie Parrish Mental Health Janis Nutt Mental Health Nancy Simmons Mental Health Donald Stewart Public Utilities 35 Years John Wall Public Utilities Laverne Coats Health Dennis Watson Public Utilities Earl Marett Social Services Robert Tarpery Social Services Cathy Renfrow Social Services Angie Roll Social Services 20 Years Rick Hester County Manager Kim Robertson Emergency Services Timothy Gudac Jail Angela Hinnant Mental Health Martha Pope Mental Health Norma Decker Mental Health William Burkey Mental Health Haywood Phthisic Public Utilities Joan Plowman Register of Deeds David Daughtry Sheriff Wendy Massengill Social Services Lola Strickland Social Services Rhonda Scott Social Services Pam Braswell Social Services Rhonda Penny Technology 5 Public Comments None 6 Public Hearing – 10 15 am – ROAP Grant Funds 2008 - 2009 Advertised The Smithfield Herald – September 17 , 2008 Note Public Hearing was delayed due to lengthy presentation of employee service pins Chairman Cookie Pope opened the public hearing , and stated the purpose of the hearing is to allow public comment on the North Carolina Department of Transportation Rural Operating Assistance Program ROAP grant application for FY 2008 - 2009 Lynn Birmingham , JCATS Transportation Manager , stated that the Board had previously approved the application for FY 2008 – 2009 at the July 7 , 2008 Board of Commissioners meeting The program totals of the FY 2008 - 2009 ROAP grant follow PROGRAM TOTAL EDTAP 121,449 EMP 33,491 RGP 156,552 TOTAL 311,492PagePage pageNumber774 October 6 , 2008 – 10 00 am Continued Ms Birmingham also noted that she had copies of the “ Voluntary Title VI Public Involvement ” form which collects information on race , color , national origin and gender of the attendees available , if anyone would like to complete the form Ms Birmingham explained that the Department of Transportation was requiring the County to hold the second public hearing to ensure that citizens have had the proper response time to comment on the application , prior to the receipt of grant funds Ms Birmingham reported that no further action was requested The Chairman asked if there were any others who wished to comment on the application There being no further comments , the Chairman closed the public hearing 7 Public Hearing – 10 20 am – Code of Ordinances – Proposed Amendments to Section 10 Advertised The Smithfield Herald – September 24 , 2008 and October 1 , 2008 Note Public Hearing was delayed due to lengthy presentation of employee service pins The Chairman opened the public hearing and called on Director of Emergency Services Kim Robertson to address the Board Ms Robertson stated the proposed amendment to the ordinance would allow the membership of the Emergency Medical Services Advisory Committee to be expanded to include two more citizens at - large for a total of four citizens at - large on the committee Ms Robertson reported the amendment was recommended for approval by the Advisory Committee and offered to answer any questions There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board approved the amendment to Section 10 Emergency Services of the Code of Ordinances , as follows 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 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 3 Two active members of the county fire service , both being involved in management of a first responder department 4 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 Four citizens at large c All members of the committee shall have full and equal voting rights on matters to be considered by the committee 8 Emergency Services – Amendment to EMS Advisory Committee Bylaws Director of Emergency Services Kim Robertson requested the Board to consider approving an amendment to the EMS Advisory Committee Bylaws Ms Robertson explained the revision would allow the bylaws to mirror the previous ordinance amendment , allowing four citizens at large on the Committee Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the proposed revision to Article III of the EMS Advisory Committee Bylaws , as follows Article III A All members of the Emergency Medical Services Advisory Committee shall have the right to vote and to hold office with the exception of ex - officio members B The membership of the Committee shall consist of the following agencies of interest 1 County Government 1vote a One 1 CommissionerPagePage pageNumber875 October 6 , 2008 – 10 00 am Continued 2 Emergency Medical Services 2 votes a Two 2 active EMS members currently involved in the management of a franchised EMS service in Johnston County 3 Fire Service 2 votes a Two 2 active members of the Johnston County Fire Services , both being involved in management of a First Responder Department 4 Medical 1 vote a The EMS Medical Director Assistant Medical Director for Johnston County 5 Community College 1 vote a A representative of the Department of Continuing Education of Johnston Community College 6 Citizen’s Representatives 2 4 votes a The Advisory Committee shall have two 2 four 4 seats provided for citizens of Johnston County to serve b The citizens shall be appointed in accordance with the existing policies of Johnston County 7 Ex - Officio Members non - voting members a County Commissioners b Director of Emergency Services c JMH ED Representative in management d EMS Division Chief 8 Members may not send a delegate to act on their behalf Ms Robertson introduced EMS Advisory Committee Chairman Rudy Baker and stated that Mr Baker has done a wonderful job serving the County and the citizens as the Chairman Mr Robertson also introduced Jeff White of Johnston Ambulance Service , Inc who would be appearing before the Board on the next item 9 Johnston Ambulance Service , Inc Franchise – Request Approval of Change in Ownership Jeff White , Chief of Operations for Johnston Ambulance Service , Inc JAS , addressed the Board and stated that JAS is requesting approval of a change in ownership Mr White reported the JAS ownership currently consists of three stockholders , Maynard E Price – 50 ; Jerry L Price – 25 ; and D McKinley Price – 25 Due to Jerry and McKinley Price wishing to retire , Maynard Price is negotiating to acquire their stock interest Mr White explained that under the County’s ordinance , a change in the ownership of a franchise requires the approval of the Board of Commissioners Commissioner Tony Braswell noted that Mr Price is still negotiating with the two minority stockholders and asked when a final price would be reached Mr White responded that JAS is targeting December 31 , 2008 as a closing date on the purchase and he explained that JAS would be getting approvals from not only Johnston County but all the other counties they operate in He noted that the closing cannot occur until approvals had been received by all the counties they operate in Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the change in ownership of Johnston Ambulance Service , Inc to allow Maynard E Price to acquire the two minority stock holders ’ interest 10 Board of Elections – Request to Convert Part - Time Permanent Position to Full - Time Permanent The Chairman announced that the request would be tabled until the 6 00 pm meeting 11 Health Department – Request to Approve Proposed Fees and Eligibility Policy Health Director Dr Marilyn Pearson addressed the Board and requested the approval of a Fees and Eligibility Policy Dr Pearson stated the policy encompasses financial eligibility criteria , fee setting and collection guidelines , and regulations for the handling of cash as well as procedures on confidential patients and bad debt write - off Dr Pearson also stated the policy would include information on the fees of the Environmental Health Department She explained that the clinical fee schedule is based on Medicaid rates which are received once a year from the State and may need to be adjusted once received from the State Dr Pearson reported the policy has been reviewed and approved by the Board of Health Chairman Cookie Pope questioned if language regarding duel controls for cash handling was included in the policy PagePage pageNumber976 October 6 , 2008 – 10 00 am Continued Commissioner Jeffrey P Carver commented on the importance of duel controls for cash handling , considering the amount of cash that is handled on a daily basis at the Health Department Dr Pearson reported there is language to address duel controls for cash handling in the policy ; however , she was unable to locate the language in the policy at that moment Following discussion , Commissioner Allen L Mims , Jr moved the Board approve the Fees and Eligibility Policy with the addition of language to address duel controls for cash handling Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Note A copy of the approved policy is on file in the Clerk to the Board’s Office 12 Department of Social Services – Work First Block Grant Plan Approval FY 2009 - 2011 The Board reviewed the final draft of the Work First Block Grant Plan for FY 09 - 11 Director of Social Services Earl Marett reported the plan has been on view for public comment as required by law and approved by the Work First Planning Committee and the Johnston County Social Services Board , with the following revisions • Page 4 – Delete the word “ pleased ” from the first sentence under I Conditions within the County ; • Page 5 – Add at JCC beside of Robert Davis – JobLink Career Center ; and • Page 15 – Add heating fuel expenses to the sixth bullet from the top Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board formally adopted the FY 09 - 11 Work First Block Grant Plan as proposed , with the revisions recommended by the Social Services Board listed above 13 O’Neals Water District – Resolution Authorizing the Issuance and Sale of GO Water Bond Anticipation Notes Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board recessed regular session to sit as the O’Neal’s Water District Board The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES OF THE O’NEALS WATER DISTRICT OF JOHNSTON COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT OF 4,676,000 WHEREAS , the Bond Order hereinafter described was adopted by the Board of Commissioners of Johnston County , North Carolina the “ Board ” , acting as the governing body of the O’Neals Water District of Johnston County the “ District ” on August 14 , 2006 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on November 7 , 2006 ; and WHEREAS , the Board desires to provide for the issuance of 4,676,000 in water bond anticipation notes pursuant to the Bond Order in order to finance certain costs of a water system for the District the “ Project ” ; NOW , THEREFORE , the Board of Commissioners of Johnston County , North Carolina , acting as the governing body of the O’Neals Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on October 6 , 2008 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE O’NEALS WATER DISTRICT OF JOHNSTON COUNTY 1 The District shall issue its general obligation water bond anticipation notes in an aggregate principal amount of 4,676,000 the “ Notes ” pursuant to and in accordance with the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE O’NEALS WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 11,000,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT 2 The Notes shall be dated on or about October 28 , 2008 or another date agreed to by the Chairman , shall be numbered appropriately and shall be substantially in the form of note attached hereto as Exhibit A The Notes shall mature and bear interest payable on or about July 22 , 2009 or another date agreed to by the Chairman The Notes shall bear interest at such rate as shall be determined by the Chairman and the North Carolina Local Government Commission the LGC , as hereinafter defined , at the time of sale , provided such interest rate does not exceed five percent 50 Principal and interest shall be payable in lawful money of the United States of America Initially , one certificate for the Notes will be issued to The Depository Trust Company , New York , New York “ DTC ” , and immobilized in its custody So long as DTC is securities depository for the Notes , a book - entry system willPage077 October 6 , 2008 – 10 00 am Continued be employed , evidencing ownership of the Notes in principal amounts of 100,000 and integral multiples of 1,000 in excess of 100,000 , with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants Interest on the Notes will be payable to DTC or its nominee as registered owner of the Notes Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC ; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners The District will not be responsible or liable for maintaining , supervising or reviewing the records maintained by DTC , its participants or persons acting through such participants In the event that a DTC determines not to continue to act as securities depository for the Notes or b the Chairman determines that continuation of the book - entry system of evidence and transfer of ownership of the Notes would adversely affect the interest of the beneficial owners of the Notes , the District will discontinue the book - entry system with DTC If the District fails to identify another qualified securities depository to replace DTC , the District will authenticate and deliver replacement Notes in the form of fully registered certificates , and registration of transfer of the Notes will be provided for 3 The Notes will not be subject to redemption prior to maturity 4 The Notes shall be signed by the manual signature of the Chairman , shall be countersigned by the manual signature of the Clerk and the District’s own seal shall be affixed thereon The Notes shall not be valid until they have been endorsed by the signature of the authorized representative of the LGC 5 The full faith and credit and taxing power of the District are hereby irrevocably pledged for the payment of principal of and interest on the Notes Unless other funds are lawfully available and appropriated for timely payment of the Notes , the Board shall levy and collect taxes and raise other revenues for payment of the principal of and interest on the Notes , as the same become due and payable 6 The LGC is hereby requested to sell the Notes in the aggregate principal amount of 4,676,000 7 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Notes are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the notes to be “ arbitrage bonds ” within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended the Code , or otherwise cause interest on the Notes to be includable in the gross income of the holders thereof 8 The Board hereby covenants that it will not permit the gross proceeds of the Notes to be used in any manner that would result in either a 5 or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a governmental unit as provided in Section 141 b of the Code , b 5 of such proceeds being used with respect to any “ output facility ” other than a facility for the furnishing of water , within the meaning of Section 141 b 4 of the Code , or c 5 or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141 c of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Notes and that any such restriction is not required to prevent the interest on the Notes from being includable in the gross income of the registered owners thereof under existing statutes , the Board need not comply with such restriction 9 The Notes are hereby designated as “ qualified tax - exempt obligations ” for purposes of Section 265 b 3 of the Code a The Board will in no event designate more than 10,000,000 of obligations as qualified tax - exempt obligations in 2008 , including the Notes , for the purpose of such Section 265 b 3 ; b The District and all its subordinate entities within the meaning of Section 265 b 3 of the Code have not issued more than 10,000,000 of tax - exempt obligations in 2008 not including “ private activity bonds , ” as defined in Section 141 of the Code , other than qualified 501 c 3 bonds , as defined in Section 145 of the Code , including the Notes ; c Barring circumstances unforeseen as of the date of delivery of the Notes , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2008 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 10,000,000 of tax - exempt obligations in 2008 not including private activity bonds other than qualified 501 c 3 bonds , including the Notes ; and d The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2008 in an aggregate amount that will exceed such 10,000,000 limit ; provided , however , that if the Board receives an opinion of Hunton & Williams LLP , Raleigh , North Carolina , or other bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or c above is not required for the Notes to be qualified tax - exempt obligations , the Board need not comply with such restriction 10 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Notes prepared and to execute the Notes and to deliver the Notes to the State Treasurer of North Carolina for delivery to the purchaser or purchasers to whom they may be sold by the LGC 11 All other actions of officers of the District in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Notes are hereby approved and confirmed 12 Such officers of the District as may be requested are hereby authorized and directed to execute appropriate closing papers including a certificate setting forth the expected use and investment of the proceeds of the Notes in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto , applicable to “ arbitrage bonds ” Such papers and certificates shall be in such form as may be requested by bond counsel for the District 13 This resolution , in particular Section 2 hereof , constitutes a system of registration for the Notes pursuant to NCGS § 159E - 4 The District agrees to make appropriate event disclosure if required by SEC Rule 15c2 - 12 Page178 October 6 , 2008 – 10 00 am Continued 14 All resolutions or parts of resolutions in conflict herewith are hereby repealed 15 This resolution shall take effect immediately Commissioner W Ray Woodall moved the passage of the foregoing resolution and Commissioner Tony Braswell seconded the motion , and the resolution was passed by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not voting None Exhibit A UNITED STATES OF AMERICA STATE OF NORTH CAROLINA O’NEALS WATER DISTRICT OF JOHNSTON COUNTY No R - 1 4,676,000 Water Bond Anticipation Note The O’Neals Water District of Johnston County the “ District ” , for value received , hereby acknowledges itself indebted and promises to pay to Cede & Co , as registered owner , the principal sum of FOUR MILLION SIX HUNDRED SEVENTY - SIX THOUSAND and no 100 DOLLARS on ______ __ , _____ , and to pay interest hereon from the date hereof on the basis of a 360 - day year , consisting of twelve 30 - day months , at the rate of __________ percent _______ per year payable at maturity ; provided , however , that for so long as the Notes hereinafter defined are deposited with The Depository Trust Company , New York , New York “ DTC ” , the payment of the principal of and interest on the Notes shall be made to DTC in same day funds by 2 30 pm or otherwise as determined by the rules and procedures established by DTC Both the principal of and the interest on this Note shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof For the prompt payment hereof , both principal and interest as the same shall become due , the faith and credit of the District are hereby irrevocably pledged The proceeds of the Bonds hereinafter defined are also hereby pledged for the payment of this Note and this Note shall be retired from the proceeds of the Bonds as the first priority This Note shall be governed by North Carolina law This Note is one of 4,676,000 in aggregate principal amount of water bond anticipation notes the “ Notes ” that have been authorized by a resolution adopted by the District on October 6 , 2008 the “ Resolution ” , and are issued pursuant to The North Carolina Local Government Bond Act in anticipation of the issuance and sale of up to 11,000,000 water bonds the “ Bonds ” under a bond order approved by a majority of the qualified voters of the District voting thereon on November 7 , 2006 The District has designated this Note and the issue of which it is a part as qualified tax - exempt obligations under Section 265 b 3 of the Internal Revenue Code of 1986 The Notes shall be issued by means of a book - entry system with no physical distribution of note certificates to be made except as provided in the Resolution One note certificate in the aggregate principal amount of the Notes stated to mature on such date and registered in the name of Cede & Co , as nominee of DTC , is being issued and deposited with DTC and immobilized in its custody The book - entry system will evidence ownership of the Notes in the principal amount of 100,000 and integral multiples of 1,000 in excess of 100,000 , with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC , and transfer of principal and interest payments to beneficial owners of the Notes by participants of DTC shall be the responsibility of such participants and other nominees of such beneficial owners The District shall not be responsible or liable for such transfers of payments or for maintaining , supervising or reviewing the records maintained by DTC , its participants or persons acting through such participants In certain events , the District will be authorized to deliver replacement Notes in the form of fully - registered certificates in the denomination of 100,000 and integral multiples of 1,000 in excess of 100,000 in exchange for the outstanding Notes as provided in the Resolution It is hereby certified and recited that all acts , conditions and things required by the Constitution and laws of North Carolina to happen , exist and be performed precedent to and in the issuance of this Note have happened , exist and have been performed in regular and due form and time as so required , and that the total indebtedness of said District , including this Note , does not exceed any constitutional or statutory limitation thereon IN WITNESS WHEREOF , the Board of Commissioners of Johnston County , North Carolina , acting as the governing body of the O’Neals Water District of Johnston County , has caused this note to be signed by its Chairman and its th Clerk and its corporate seal to be impressed hereon , all as of the 28 day of October , 2008 Page279 October 6 , 2008 – 10 00 am Continued BOARD OF COMMISSIONERS OF JOHNSTON COUNTY , NORTH CAROLINA , ACTING AS THE GOVERNING BODY OF THE O’NEALS WATER DISTRICT OF JOHNSTON COUNTY By ______________________________________ Chairman SEAL ATTEST By ______________________________________ Clerk to the Board of Commissioners CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of this Note has been approved under the provisions of The Local Government Bond Act T Vance Holloman , Secretary Local Government Commission LGC No _______________ ASSIGNMENT FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells , assigns and transfers unto the within Note and all rights thereunder and hereby irrevocably constitutes and appoints attorney to register the transfer of said Note on the books kept for registration thereof , with full power of substitution in the premises Dated _________________________ In the presence of _____________________________________ ______________________________________ NOTICE The signature must be guaranteed The signature to this assignment must correspond by an institution which is a participant in the with the name as it appears on the face of the within Securities Transfer Agent Medallion Program Note in every particular , without alteration of STAMP or similar program enlargement or any change whatever Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board adjourned as the O’Neal’s Water District Board , and regular session was resumed 14 Public Utilities – USDA - RD Supplemental Low Interest Loan – Harnett County Water Purchase Tim Broome , Director of Utilities & Engineering , recalled that on August 4 , 2008 , the Board of Commissioners approved a capital program and established a budget for the purchase of a 25 mgd bulk water supply allocation from Harnett County Mr Broome stated the total cost for the capacity purchase is 4,700,87500 and funding was approved by the Board for the purchase in the amount of 3,500,00000 in a USDA – Rural Development low interest loan and an appropriation of 1,200,87500 from Fund 69 reserve Mr Broome reported that in response to an invitation from USDA – Rural Development in late spring , the Department of Utilities applied for a supplemental low interest loan from USDA to offset the anticipated appropriation On September 4 , 2008 , USDA - Rural Development advised that the Rural Development State Office had identified 684,00000 of available low interest loan funds for the County which would have to be committed prior to the close of the federal fiscal year Mr Broome requested the Board to reduce the appropriation from Fund 69 – Reserve to the capital project by the amount of 684,00000 , if the Board chooses to accept the loan Mike Harris , Rural Development District Manager , presented a letter of conditions for the loan from USDA - RD in the amount of 684,000 and requested the Board to adopt the resolution accepting the letter of conditions and authorizing the Chairman to execute all documents associated with the loan transaction , if the Board chooses to proceed Mr Harris stated the interest rate for the loan would be 45 with a repayment schedule of 40 years Commissioner W Ray Woodall moved the Board adopt the following resolution accepting the letter of conditions for the USDA - RD loan Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Page380 October 6 , 2008 – 10 00 am Continued RESOLUTION OF THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY BE IT RESOLVED That the Board of Commissioners of Johnston County do hereby accept the conditions set forth in the Letter of Conditions dated October 6 , 2008 , the RUS Bulletin 1780 - 27 , Loan Resolution , dated October 6 , 2008 ; and That the Board of Commissioners will adopt an operating budget for the County’s Water Department that will maintain a water use rate schedule at rates sufficient to meet all budgeted operating , replacement , and debt service expenses , and , the County may make modifications to the rate system as long as the rate schedule remains sufficient to meet budget requirements ; and , That the Chairman and Clerk be authorized to execute all forms necessary to obtain a loan from the USDA Rural Development , Rural Utility Service including , but not limited to the following forms ; Form RD 1942 - 46 Letter of Intent to Meet Conditions RUS Bulletin 1780 - 27 Loan Resolution Form RD 1940 - 1 Request for Obligation of Funds Form RD 400 - 1 Equal Opportunity Agreement Form RD 400 - 4 Assurance Agreement Form RD 1910 - 11 Applicant Certification Federal Collection Policies For Consumer Or Commercial Debts Form AD 1047 Certification Regarding Debarment , Suspension , and Other Responsibility Matters - Primary Covered Transactions and , copy of AD 1048 for use with Lower Tier Covered Transactions RD Instruction 1940 - Q Certification For Contracts , Grants and Loans unnamed form Certification of Compliance That the Board of Commissioners of Johnston County elects to have the interest rate charged by RUS to be the lower of the rate in effect at either the time of loan approval or loan closing ; and , That if the interest rate charged by RUS should be changed between this date and the date of actual loan approval , the Chairman and Clerk be authorized to execute new forms reflecting the current interest rate and revised payments as required by RUS ; and , That this resolution becomes part of the official minutes of the Board of Commissioners meeting held on October 6 , 2008 th Adopted this 6 day of October , 2008 Commissioner Allen L Mims , Jr moved the Board reduce the appropriation from Fund 69 – Reserve to the capital project by the amount of 684,000 as indicated in the following budget revisions Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Water Districts BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 69009023 Transfer to Other Funds 684,00000 69 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 69 690033990 Fund Balance Appropriated 684,00000 Public Utilities BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 67 781037925 Transfer from Other Funds 684,00000 67 781037933 USDA Loan 684,00000 15 Public Utilities – Interlocal Agreement with City of Raleigh for Emergency Water Supply Tim Broome , Director of Utilities & Engineering , informed the Board that the County and the City of Raleigh began discussions in late 2004 for constructing an interconnection of the two water systems for a mutual aid emergency water supply A jointly funded hydraulic study of the respective distribution systems to determine the most feasible points of connection and the available delivery , each way , at each location has been completed Mr Broome reported that two locations have been identified for interconnection US 70 Business at the County line and the former connection with the Town of Wendell’s system now Raleigh’s system on NC Hwy 231 at Hollybrook Road In response to last year’s drought , both the City and the County budgeted for thePage481 October 6 , 2008 – 10 00 am Continued interconnection Since July 1 , 2008 staff has been working with the City’s Public Utilities management staff to develop an interlocal emergency water supply agreement Mr Broome requested the Board to approve the agreement with the City of Raleigh so that design , permitting , and construction of the interconnection can be completed He noted that the City of Raleigh approved the agreement at their last council meeting Chairman Cookie Pope asked what would constitute an emergency Mr Broome explained that staff would determine what an emergency is , on a case by case basis and each episode would have to be thoroughly evaluated to see if the other entity could respond at that moment Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the interlocal agreement between the City of Raleigh and the County for an emergency water supply INTERLOCAL AGREEMENT THIS AGREEMENT , made and entered into the day of 2008 , by and between the City of Raleigh hereinafter referred to as Raleigh , a North Carolina municipal corporation , and Johnston County , hereinafter referred to as the County , a North Carolina unit of local government , is for emergency water service between Raleigh and the County , as described hereinafter WITNESSETH THAT WHEREAS , the public water distribution systems owned and operated by Raleigh and the County are both located in proximity to each other along the Johnston County - Wake County line on US 70 Business and NC 231 Hollybrook Road hereinafter referred to as the Sites , and WHEREAS , sufficient hydraulic engineering analyses have been performed to determine that water from the Raleigh water system will flow into the County system at the US 70 Business site , and water from the County water system can be pumped into the Raleigh system at the US 70 Business site , once the two water systems are connected under the conditions established in this agreement , and WHEREAS , sufficient hydraulic engineering analysis has been performed to determine that at the NC 231 Hollybrook Road site water from the Raleigh water system can be pumped into the County system and water from the County water system will flow into the Raleigh system and , further , the two systems are already connected , and WHEREAS , Raleigh and the County acknowledge that a mutual aid water supply agreement is in the best interests of their respective customers NOW , THEREFORE , in consideration of the respective rights , powers , duties and obligations hereinafter set forth to be performed by Raleigh and the County , the parties mutually agree as follow 1 In the event of a water emergency as described hereafter , Raleigh and the County shall have the privilege to receive water from the other in amounts of 1,400,000 gallons per day and at a rate not to exceed 1,300 gallons per minute at the US 70 Business site and 750,000 gallons per day and at a rate not to exceed 700 gallons per minute at the NC 231 Hollybrook Road site 2 Raleigh and the County shall jointly determine where the interconnection point between the Raleigh system and the County system at the US 70 Business site shall be located The interconnection point shall be as close as possible to the Wake County - Johnston County line Raleigh shall pay for the cost of design , permitting , and construction of a 16 or larger water main from the Raleigh system to the point of interconnection The County shall pay for the cost of design , permitting , and construction of a 16 or larger water main from the County system to the point of interconnection Raleigh and the County shall pay equally for the cost of land acquisition and design , permitting , and construction of a two way meter system and piping and valves to allow installation and operation of temporary mobile pump s 3 Raleigh shall choose and retain a consulting engineering firm to design and permit all required pipelines and the meter system and to survey and provide a map of the site for the US 70 Business interconnection Prior to construction , Raleigh and the County shall both review and approve , if acceptable , the construction drawings Each party shall be responsible for its own administrative and legal costs of contract review and approval , and for easement acquisition , if any is needed , in each partys own jurisdiction The plans for all facilities that are to be part of the Raleigh system will meet Raleighs standards and specifications The plans for all facilities that are to be part of the County system will meet the Countys standards and specifications Each party shall review and approve bids for construction and award of a construction contract 4 Raleigh shall own and be responsible for the operation and maintenance of all distribution system facilities located on the Raleigh side of the interconnection point The County shall own and be responsible for the operation and maintenance of all distribution system facilities located on the County side of the interconnection point The meter and temporary pumping facilities shall be owned and maintained by Raleigh , and Raleigh shall bill the County monthly for one - half of the actual cost of operation and maintenance of same 5 After construction is completed , the interconnected water systems of Raleigh and the County will be separated by closed water valves Under the terms and conditions of this agreement , these water valves may be opened in a sequence such that Raleigh or the County may receive water from the other for specified periods using the procedures described hereafter These specified periods shall only be during temporary water outages in all or part of the requesting partys water distribution system or other such conditions mutually deemed emergencies by the Raleigh and the County utility directors For the purpose of this agreement , temporary water outages and emergencies shall include , but not be limited to , severed or damaged water main s , a planned water outage , or water supply shortage A temporary water outage or emergency shall not include emergencies in the systems of other public water suppliers not party to this Agreement unless the parties agreePage582 October 6 , 2008 – 10 00 am Continued that water may be furnished to respond to such an event In the event of such occurrence , the amount to be charged for the water furnished shall be set by the party providing the water , and shall not be limited by this Agreement 6 Raleigh and the County shall charge each other the same water rate , which shall be the greater of the Citys inside city limits retail water rate or the Countys bulk rate , in effect at the time the temporary water service is furnished 7 Raleigh and the County shall bill the other at the conclusion of each temporary water service event , but shall not include a billing service charge to the other unless the number of temporary water service events is more than one per fiscal year July 1st through June 30th Bills shall be paid within 30 calendar days of receipt of the billing statement The billing service charge shall be 5000 for the term of this agreement for each charge made after the first charge Disagreements regarding amounts being billed and regarding the functioning of the meters used to measure the amount of water furnished and received shall be resolved through the mutual cooperation of the parties Failure to resolve such disagreements is cause for termination by either party upon 90 days written notice to the other party 8 Raleigh and the County shall each designate in writing a person or persons to administer requests for water under this agreement the designated representative Once designated , such person s may make and receive requests orally In the event either party needs water from the other , the designated representatives are responsible for communicating with the other party and coordinating operational actions necessary for the water to be transferred Raleigh and the County shall notify the other at least 48 hours in advance of any planned temporary water outage permitted under this agreement The parties shall also immediately notify the other at the conclusion of a temporary water service event 9 Raleigh and the County acknowledge and agree that both water systems will normally be using chloramines as their residual disinfectant and each party agrees to notify the other in writing , in advance of any temporary or permanent switch to use other disinfection residuals or other significant water treatment process or system wide operation change 10 Raleigh and the County each reserve the right to deny temporary water service to the other for failure to comply with the conditions of this agreement Raleigh and the County each reserve the right to deny water service in the event that water cannot be practicably furnished to the other party without negatively impacting the providing party , as determined in the reasonable opinion of the providing party Such circumstan