November 3, 2008 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 106 Meeting of the Johnston County Board of Commissioners November 3 , 2008 10 00 am The Johnston County Board of Commissioners met in regular session Monday , November 3 , 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 and Tony Braswell Absent DeVan Barbour 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 Deputy Clerk Chairman Cookie Pope called the meeting to order at 10 00 am Commissioner Allen L Mims , Jr 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 W Ray Woodall , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – October 6 , 2008 10 00 am and 6 00 pm B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System River Knoll Drive and Neuse Landing Drive – The Knolls at the Neuse Subdivision – Phase I – Wilson’s Mills Township C Veterans Day Proclamation , as follows P R O C L A M A T I O N V E T E R A N S D A Y - 2008 WHEREAS , for decades America has paused on the 11th of November , the anniversary of the armistice that concluded World War I , to remember and to honor our veterans of military service in proud and grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace ; and WHEREAS , the freedoms we enjoy have been purchased and maintained at a high price , as Americans have been willing , throughout our history , to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights ; and WHEREAS , Americans owe a great debt to all those who have served in defense of this nation throughout the generations ; for their sacrifices , often resulting in permanent injury or death , which have preserved our unique form of government dedicated to human right and respect for the individual , and preserved our freedoms and promise of liberty as an example for oppressed persons of the world ; and WHEREAS , in honor of these dedicated men and women , we pledge our continued defense of our nation so that their sacrifice will stand before all the world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 11 , 2008 , as “ Veterans ’ Day ” in Johnston County , and urge our citizens to commend its observance rd Proclaimed this the 3 day of November , 2008 Page107 November 3 , 2008 – 10 00 am Continued D Removal of Deputy Plat and Map Review Officer The Board removed Rebecca Wilson from the approved list of Johnston County Deputy Plat and Map Review Officers , per the request of Kay Hatch , Director of Customer Service E Tax Releases & Refunds – 09 16 2008 – 10 15 2008 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2008 0807 - 797066 0804 - 903621 LUCAS , LEON ARTHUR Overpayment 11459 2008 0807 - 791944 0804 - 904457 FIGUEROA HEREDIA , JOSE JAVIER Overpayment 18439 2008 0808 - 811557 0805 - 918333 PRINCETON CHURCH OF GOD Release 73150 2008 0809 - 829294 0705 - 935401 GOLDSTON , GARY EUGENE Release 36719 2007 0805 - 765228 0802 - 862446 FARRIS , ALLEN LINSEY Overpayment 18371 2008 0809 - 823479 0806 - 935006 BOYKIN , BRENDA LOUISE HICKS Release 14448 2008 0809 - 820218 0806 - 930276 NORDAN , JR , LARRY BYRD Release 39731 2008 0808 - 806276 0805 - 917068 NORDAN , JR , LARRY BYRD Release 21554 2008 0809 - 826912 0806 - 934492 TEDDER , KENNETH Release 18225 2008 0808 - 814613 0805 - 918229 SULLIVAN , MELISSA THOMPSON Release 33183 2008 0809 - 828722 0806 - 925231 WILLIAMS , CHARLES MICHAEL Release 10861 2008 0809 - 819567 0806 - 932132 INSCOE , CHRISTOPHER DALE Release 16901 2008 0808 - 808745 0805 - 917867 HUNTER , BEVERLY WYNETTE Release 14900 2008 0809 - 822795 0806 - 932307 JOYNER , ANTHONY LAMAR Release 13362 2007 0801 - 727334 0710 - 800305 SANDERFORD , HARRY EARL Release 38606 2008 0809 - 829687 0806 - 934281 BUCHANAN , TONY MATTHEW Release 12038 2008 0809 - 823276 0806 - 929881 WOELFEL , TROY THOMAS Release 17731 2008 0809 - 818696 0806 - 933893 BYRDS WHOLESALE INC Release 14599 2008 0809 - 830028 0807 - 935406 BROCK EQUIPMENT CO Release 25404 2008 0807 - 789672 0804 - 901719 DISALVO , JUSTIN JOSEPH Tag Surrender 13919 1999 9908 - 591585 9904 - 784081 WATKINS , RANSOME JUNIOR Release 12811 2008 0808 - 805809 0805 - 913453 KERSAT , JR , HERBERT ALFRED Release 16413 2008 0807 - 800833 0804 - 904089 SMITHFIELD CHEVROLET JEEP Tag Surrender 13514 2008 0808 - 811109 0805 - 910032 ADAMS , JR , ZEB Release 10529 2008 0807 - 801361 0804 - 900179 RED BRICK FOUNDATION WATERPROOF Overpayment 13219 2008 0808 - 814417 0805 - 918566 SANDERS , ANGELA PAULETTE Overpayment 14305 2008 0809 - 823100 0806 - 934928 SILVER , HARRY BOWMAN Release 22109 2008 0809 - 826472 0806 - 934436 LOPEZ , ERICKA Release 18326 2008 0809 - 820852 0806 - 932683 STEVENS , TONIA GAIL Release 25184 2008 0807 - 796443 0804 - 900577 MATHIS , LINDA WHITFIELD Overpayment 16830 2007 0801 - 720088 0710 - 798626 SALOMON , MARIE KECLIE Overpayment 11759 2007 0711 - 702123 0708 - 772831 SPRUILL , RETHA MAE Release 14675 2007 0805 - 773193 0802 - 872187 JONES , ERLE LINCOLN Release 24444 2007 0805 - 773654 0802 - 870810 RAY , RHONDA LASHELL Release 13776 2007 0806 - 786547 0803 - 886491 DUNN , BOBBY Release 12717 2007 0806 - 786878 0803 - 889180 JEFFERS , RANIER STEPHEN Release 11743 2007 0806 - 787523 0803 - 884152 SAMPSON - RAIFORD , MALITIA Release 11793 2007 0806 - 787524 0803 - 887415 SAMPSON - RAIFORD , MALITIA Release 15809 2008 0809 - 821229 0806 - 933553 WILLEY , RANDY EGAN Release 16409 2008 0809 - 819239 0806 - 934791 GAZDA , SHANE Release 11451 2008 0809 - 827534 0806 - 931893 EVANS , BOBBY WAYNE Release 16902 2008 0809 - 826337 0806 - 934260 HONDA LEASE TRUST Overpayment 11162 2008 0807 - 802522 0804 - 902536 JEG CONSTRUCTION INC Overpayment 29879 2007 0801 - 726564 0710 - 801562 PALENCIA , DANIEL DAVID GONZALEZ Overpayment 50285 2008 0809 - 827849 0806 - 932581 JOHNSTON COUNTY YOUTH SERVICES Release 27284 2008 0807 - 793290 0804 - 903552 ROBERTS , PAUL ANTHONY Overpayment 61515 2007 0805 - 765959 0802 - 874719 MASSEY , SARAH GAY Tag Surrender 23159 2008 0809 - 820129 0806 - 926149 MOORE , RONALD DALE Release 11751 2008 0809 - 820691 0806 - 927257 SERGENT , DONALD GARY Release 13832 2008 0809 - 824838 0806 - 924991 ALL AMERICAN ROOFING COMPANY INC Overpayment 14506 2007 0804 - 756820 0801 - 836306 MOORE , JAMES DONALD Overpayment 19857 2008 0809 - 828230 0806 - 930069 PERRY , FREDERIC CARLTON Release 11191 2008 0807 - 800642 0804 - 900157 REGER , JEFFREY MARK Release 14801 Page108 November 3 , 2008 – 10 00 am Continued 2008 0810 - 834185 0807 - 946265 PADGETT , JAMES EDWARD Release 21563 2008 0808 - 807567 0805 - 912587 CAPPS PLUMBING CO INC Overpayment 13320 Real Personal Property Releases 9 16 2008 8 49 54 105 SHEILA 2008 - 003870 2000122184 BAEKIM LLC 30157 9 16 2008 8 54 14 105 SHEILA 2005 - 056995 2000101632 OAKLEY , AMI LOUISE 16049 9 16 2008 9 09 03 105 SHEILA 2006 - 058800 2000101632 OAKLEY , AMI LOUISE 15402 9 16 2008 9 10 11 105 SHEILA 2007 - 060526 2000101632 OAKLEY , AMI LOUISE 14473 9 16 2008 9 14 20 105 SHEILA 2007 - 036527 2000072588 HODGE , CHRIS 50531 9 17 2008 17 03 40 105 SHEILA 2008 - 082868 2000003902 TAYLOR , ANNA MAE 54694 9 17 2008 17 05 56 105 SHEILA 2007 - 080433 2000003902 TAYLOR , ANNA MAE 54694 9 19 2008 16 49 53 105 SHEILA 2008 - 052659 2000114718 LOWE , JOHN A 39917 9 22 2008 15 11 08 121 CATHY 2008 - 059815 62420380 MORRIS , ROBERT JR HEIRS 1,02789 9 22 2008 15 35 04 121 CATHY 2004 - 074246 2000003902 TAYLOR , ANNA MAE 52980 9 22 2008 15 36 18 121 CATHY 2005 - 076156 2000003902 TAYLOR , ANNA MAE 52980 9 22 2008 15 37 41 121 CATHY 2006 - 078305 2000003902 TAYLOR , ANNA MAE 52980 9 23 2008 12 57 51 105 SHEILA 2008 - 085468 2000126804 TWM PROPERTIES LLC 93364 9 25 2008 13 50 44 124 JAMES 2008 - 078661 2000130598 SPRINT NEXTEL CORP 192,17985 9 25 2008 16 57 07 105 SHEILA 2008 - 099361 2000133437 TYSON , DANIEL F 14245 9 26 2008 11 42 35 105 SHEILA 2008 - 004081 4354840 BAILEY , JOSEPH W 30255 9 26 2008 12 22 46 105 SHEILA 2008 - 004080 4354840 BAILEY , JOSEPH W 35422 9 26 2008 14 21 25 105 SHEILA 2008 - 044195 2000041933 JOHNSON , TIM H 17401 9 26 2008 14 34 41 105 SHEILA 2008 - 026280 28495210 ELECTRONIC PROD DESIGN IN 21006 9 26 2008 14 38 34 105 SHEILA 2008 - 078175 2000058446 SOUTHERN ASSTD LIVING 60499 9 26 2008 14 39 52 105 SHEILA 2008 - 007368 8860680 BEASLEY , EARL B 21605 9 29 2008 15 03 15 105 SHEILA 2008 - 019697 21389150 CREECH , HILDA PACE 43067 9 29 2008 15 58 32 105 SHEILA 2008 - 035350 2000118612 HAZEL GRACE SANDERS 11063 9 29 2008 16 53 40 105 SHEILA 2008 - 031180 2000096948 GLORIA A ENFINGER TRUST 43384 9 30 2008 14 10 23 124 JAMES 2008 - 201529 2000142960 BLEVINS , FLOYD JOHN 16352 10 1 2008 8 40 25 105 SHEILA 2007 - 031551 2000122826 GREEN , BRITTANY 14965 10 1 2008 8 56 02 105 SHEILA 2008 - 041018 2000019926 JACKSON , JAMES L 10653 10 1 2008 14 52 10 121 CATHY 2005 - 065635 75852585 RICKS ELEC CO OF SELMA NC 1,48327 10 1 2008 14 54 44 121 CATHY 2006 - 067592 75852585 RICKS ELEC CO OF SELMA NC 1,46971 10 1 2008 14 56 58 121 CATHY 2007 - 069473 75852585 RICKS ELEC CO OF SELMA NC 1,39903 10 2 2008 14 17 47 105 SHEILA 2006 - 000075 2000097689 ARC LAWN MAINTANENCE INC 29916 10 2 2008 14 20 52 105 SHEILA 2007 - 003574 615 B & B CABINET CO INC 56237 10 6 2008 12 14 14 121 CATHY 2007 - 023680 2000125212 DUEA , JONATHAN R 14,20464 10 6 2008 12 15 47 121 CATHY 2008 - 024435 2000125212 DUEA , JONATHAN R 14,59381 10 6 2008 15 36 13 105 SHEILA 2008 - 044724 2000088053 JONES , DAVID WAYNE 30302 10 6 2008 15 37 35 105 SHEILA 2008 - 044726 2000088053 JONES , DAVID WAYNE 30360 10 6 2008 15 38 40 105 SHEILA 2008 - 044727 2000088053 JONES , DAVID WAYNE 40331 10 6 2008 15 41 26 105 SHEILA 2008 - 044728 2000088053 JONES , DAVID WAYNE 33716 10 7 2008 16 11 28 121 CATHY 2008 - 027695 2000059050 FARM CRED LSG SVCS CORP 14640 10 7 2008 16 52 43 105 SHEILA 2008 - 201561 2000111033 LEE , JOSEPH IRA JR 40889 10 7 2008 16 53 36 105 SHEILA 2008 - 201562 2000111033 LEE , JOSEPH IRA JR 40889 10 9 2008 10 20 14 105 SHEILA 2006 - 023568 2000000876 DURHAM , ERIC LEE HEIRS 13032 10 9 2008 10 21 51 105 SHEILA 2007 - 024173 2000000876 DURHAM , ERIC LEE HEIRS 12061 10 9 2008 10 24 35 105 SHEILA 2008 - 024938 2000000876 DURHAM , ERIC LEE HEIRS 11280 10 9 2008 12 22 01 105 SHEILA 2008 - 027001 2000105491 EVANS , DARRYL D 47776 10 9 2008 12 34 02 105 SHEILA 2008 - 201553 2000142960 BLEVINS , FLOYD JOHN 27720 10 9 2008 12 36 39 105 SHEILA 2008 - 061626 2000022903 NIRVANA INC 56095 10 9 2008 12 38 56 105 SHEILA 2008 - 099033 2000137289 HARDEN , DANNY L JR 13277 10 9 2008 13 02 02 105 SHEILA 2008 - 020279 2000086569 CRESS , RANDY 10216 10 9 2008 15 21 22 105 SHEILA 2008 - 099709 2000082666 CORBETT HATCHER COMM 1,27142 10 13 2008 15 16 39 121 CATHY 2007 - 043889 2000116931 JONES , MICHAEL STEVEN 13486 10 14 2008 9 36 18 105 SHEILA 2008 - 200617 66231623 PARKER , DALLAS W 28724 10 14 2008 9 37 39 105 SHEILA 2008 - 200618 66231623 PARKER , DALLAS W 29070 10 14 2008 9 38 49 105 SHEILA 2008 - 200619 2000127769 PARKER , VENDARIA LEE LIFE 29070 10 14 2008 9 40 23 105 SHEILA 2008 - 064457 2000132042 PARKER , VENDARIA L LIFE Est 34655 10 14 2008 16 24 30 105 SHEILA 2008 - 019696 21389150 CREECH , HILDA PACE 28794 10 14 2008 16 25 24 105 SHEILA 2008 - 019698 21389150 CREECH , HILDA PACE 50521 Real Personal Property Refunds BARRETT 9 16 2008 16 09 24 334 2008 - 078231 2000130076 SOUTHPOINT HOMES LLC 71656 BARRETT 9 16 2008 16 20 33 334 2008 - 078234 2000130076 SOUTHPOINT HOMES LLC 34240 LOCKBOX 9999 9 18 2008 14 14 12 2008 - 027938 2000087683 FERRELL , BARBARA C 14208 LOCKBOX 9999 9 22 2008 14 43 57 2008 - 095085 2000040718 JOHNSON , GREGORY A 22815Page109 November 3 , 2008 – 10 00 am Continued CATHY 9 22 2008 15 46 04 121 2008 - 082868 2000003902 TAYLOR , ANNA MAE 27831 JAN 9 22 2008 16 31 57 165 2008 - 061937 2000111349 NORRIS , KENNETH SCOTT 33349 ALLISON 9 24 2008 13 39 18 338 2008 - 010235 12167580 BOYETTE , RAY MILLAND 19995 TERI 9 29 2008 14 29 00 189 2007 - 015737 2000067335 CHANCE , CHRISTOPHER M & 13627 JACKIE 9 30 2008 13 08 31 319 2008 - 084378 2000081458 TILLEY , BARRY G 13007 JAN 10 1 2008 10 29 03 165 2007 - 054357 2000042298 MCKEY , BOBBY 13912 GREG 10 2 2008 17 02 03 306 2008 - 014326 2000051204 CANADAY , RALPH C IV 52997 TERI 10 3 2008 16 01 28 189 2007 - 045788 2000039846 KLEBER , KEVIN E 12589 JAN 10 10 2008 11 22 55 165 2008 - 082090 86190800 SWAIN , W C 10000 CATHY 10 13 2008 15 18 02 121 2007 - 043889 2000116931 JONES , MICHAEL STEVEN 13958 October 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 09 16 08 to 10 15 08 Tax refunds - Personal Real Property 41614 Tax releases - Personal Real Property 95401 Motor Vehicle releases refunds 6,79381 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer John R Massey 3 Public Comments A Introduction of New Council on Aging Executive Director Council on Aging Executive Director Donna Creech , who will be retiring after Thanksgiving , introduced the incoming Executive Director , Jane H Schirmer , and stated that Ms Schirmer began her duties with the Council on Aging in October Ms Creech thanked the Board for their working relationship over the years Ms Schirmer addressed the Board and stated she looked forward to working with the Board of Commissioners in the future The Board wished Ms Creech well on her upcoming retirement and welcomed Ms Schirmer 4 Emergency Services – Increased 2008 Allowable Medicare Rate for Ambulance Transport Emergency Services Director Kim Robertson stated the Emergency Medical Services Advisory Committee is recommending the Board of Commissioners to approve the increased 2008 Medicare Allowable Billing Rate for ambulance transport from 963 to 992 per loaded mile Commissioner W Ray Woodall moved the Board approve the increase to the 2008 Medicare Allowable Billing Rate for ambulance transport to 992 per loaded mile Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 5 Sheriff’s Department – Approval of Jail Health Plan At the request of Captain Bengie Gaddis , the Board reviewed the Jail Health Plan Captain Gaddis requested the Board of Commissioners to approve the plan , as required by the North Carolina Jail Inspector Commissioner Wade M Stewart moved the Board approve the Jail Health Plan as presented Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Further Discussion Commissioner Wade M Stewart inquired as to the funding sources for the medical services provided under the Jail Health Plan Detention Captain Bonnie Strickland reported the County funds the medical services for the Jail She noted the Sheriff’s Department is under contract with Southern Health Partners for medical services At the inquiry of Commissioner Allen L Mims , Jr , Ms Strickland explained that all the requirements in the Jail Health Plan are mandated by the State and Federal Government PagePage pageNumber5110 November 3 , 2008 – 10 00 am Continued Upon a question from Commissioner Jeffrey P Carver , Ms Strickland stated there are currently 239 inmates in custody which exceeds the capacity limit of 191 The Board thanked both Captain Gaddis and Captain Strickland for their services to the County 6 Public Hearing – 10 15 am – Town of Clayton – Appointment to Boards for Extended ETJ Area Advertised The Smithfield Herald and The Clayton News Star – October 15 and 22 , 2008 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 reviewing applications and selecting individuals to represent one position on the Town of Clayton’s Planning and Zoning Board as well as two positions to the Town’s Board of Adjustment for their extended ETJ area Chairman Pope noted the Town of Clayton had received an application for the appointment of Marty D Bizzell to the Planning and Zoning Board for a term to expire on December 31 , 2011 Chairman Cookie Pope asked if anyone present wished to apply for one of the positions Clayton Town Clerk Sherry Scoggins stated that the Clayton Town Council is recommending the appointment of Mr Bizzell to the Planning and Zoning Board There being no further comments , the Chairman closed the public hearing Commissioner Allen L Mims , Jr moved the Board approve the addition of one position to the Clayton Planning and Zoning Board as well as two positions to the Clayton Board of Adjustment to represent the extended ETJ areas ; and further moved the Board appoint Marty D Bizzell to the Clayton Planning and Zoning Board for a term to expire on December 31 , 2011 Commissioner Tony Braswell seconded the motion , which carried by unanimous vote 7 Summerwind Plantation , LLC – Request for Approval – Repayment Option for Pump Station County Attorney Mark Payne reported that Summerwind Plantation , LLC entered into a construction and cost sharing agreement on June 4 , 2007 with Johnston County for a total cost of 297,60000 for the construction of a pump station to service a multi - use site on Technology Drive Mr Payne explained that Summerwind has been unable to obtain the needed funds from its lender in order to make their scheduled payment on the pump station He noted that staff had offered Summerwind the option of submitting a Letter of Credit to the County with the agreement that the entire amount would be paid within four months of the issuance of the Letter of Credit , or the Letter of Credit would be cashed in and the remaining balance sought by a legal collection action Mr Payne stated that the County received the Letter of Credit in the amount of 150,000 ; however , Summerwind now wishes to propose another repayment option Eric Spence , Attorney for Summerwind Plantation , LLC , addressed the Board and reported that Summerwind’s business has been affected by the slowdown in the economy Mr Spence explained that Summerwind had planned to finance the pump station payment into the second phase of the development through Capital Bank Capital Bank is currently awaiting the federal buyout monies before the second phase of the project can be financed Mr Spence reported that Summerwind has obtained a 150,000 Letter of Credit , secured by personal funds of Ron Mikesh , which expires March 18 , 2009 Mr Spence proposed that Johnston County would hold the Letter of Credit and the maturity date would be extended until such time that the payment has been completed An immediate payment of 25,00000 would be made with an additional payment of 25,00000 in six months and another 25,00000 at the end of the year , followed by quarterly payments of 20,00000 to be made until paid in full Mr Spence stated the proposed option would be necessary , if Capital Bank is unable to extend financing for the second phase Mr Spence noted Summerwind is not trying to avoid repayment ; however , an extension on the repayment of funds is needed He stated if Capital Bank agrees to finance the second phase of the development , then the full payment would be made at that time Commissioner Allen L Mims , Jr inquired as to why the cost for the pump station was included in the second phase financing , rather than the first phase , noting that sewer service is required in order for the homeowners to close Ron Mikesh of Summerwind Plantation , LLC , responded that originally , Johnston County entered into the agreement with Tetra Development for the construction of the pump station ; however , Tetra backed out on the agreement Mr Mikesh reported that due to Summerwind’s dependency upon the pump station for sewerPagePage pageNumber6111 November 3 , 2008 – 10 00 am Continued services , Summerwind elected to replace Tetra as a partner in building the pump station and had not planned on financing the cost in the first phase Commissioner Mims commented that the County must rely on taxpayers rather than banks and the budget is already stressed He stated it is his opinion that the Board can do no more than reinforce staff’s previous offer Commissioner Mims asked how the Letter of Credit is secured Mr Spence reported the 150,000 Letter of Credit has been secured by a Deed of Trust on real estate owned personally by Mr Mikesh Mr Spence reiterated that Summerwind is willing to leave the Letter of Credit in place and noted that they can only afford to pay approximately 25,000 per quarter Mr Mikesh stated the development will be aimed towards the senior active adult population and they currently have nine homeowners that have closed on homes with approximately 16 reservations Mr Mikesh indicated that Summerwind is confident they can work through the difficult financial situation ; however , they need more time on the repayment period for the pump station construction Mr Mikesh stated the development is a large benefit to Johnston County and he is personally committed to the success He noted the development is the most affordable active adult neighborhood in the Triangle Commissioner Jeffrey P Carver stated he understood the position Summerwind is in ; however , he stated that if the County were to agree to the proposed repayment option , then the County would be in the lending business Commissioner Carver noted that the County has already incurred the costs of constructing the pump station He stated that he understands Capital Bank is applying for federal funds and a decision does not have to be made today since the Letter of Credit is good until January 2009 Commissioner Carver stated he would prefer to wait until January to make a decision on the request Commissioner Wade M Stewart agreed with Commissioner Carver and stated he also would prefer to wait on a decision Commissioner Mims suggested the Board take the request under advisement and the Board agreed by consent 8 Budget Revisions County Finance Officer John Massey reviewed the budget revisions with the Board and offered to answer any questions Chairman Cookie Pope commended Registrar of Deeds Craig Olive for looking ahead at his budget and making the necessary reductions In response to a question from Commissioner Allen L Mims , Jr , Mr Massey confirmed that the funds for the Airport grant matches have been budgeted and are available for transfer County Manager Rick Hester reminded the Board that for the past eight years , it has been the County’s policy to match the federal grants received by the Airport and those funds are always included in the budget Commissioner W Ray Woodall moved the Board approve the following budget amendments , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote Airport BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 65057100 Capital Improvement 33,33400 60 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 60 650533102 Transfer from General Fund 33,33400 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 46009063 Transfer to Airport 33,33400 10 10 46007400 Capital Outlay 33,33400 PagePage pageNumber7112 November 3 , 2008 – 10 00 am Continued COPS – 30 Million BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 16 63091056 Cleveland High School 30,000,00000 16 63099098 Cost of financing school 100,00000 TOTAL NET EXPENDITURES 30,100,00000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 16 630937908 Sale of COPS 30,000,00000 16 630937900 Investment Income 100,00000 TOTAL NET REVENUE 30,100,00000 Emergency Services – Johnston County EMS BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 53551600 M & R Equipment 3,22900 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 535536204 Rescue Squad Billings 3,22900 HAPP BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 41802 Equipment Maintenance 32,20000 41901 Supplies 1,00000 4170 Accounting 50000 TOTAL NET EXPENDITURES 33,70000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE Additional Earned Admin Fees 33,70000 TOTAL NET REVENUE 33,70000 Health Department BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 59450200 Salary 1,59720 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 594534155 Telemon Corporation 1,59720 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 59203300 Departmental Supplies 5,72700 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 592034155 NC Division of Public Health Fund 5,72700 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 59200408 Professional Medical Provider 13,00500 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE PagePage pageNumber8113 November 3 , 2008 – 10 00 am Continued 10 592034155 NC Division of Public Health Fund CDC 13,00500 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 59550200 Salaries 38,86200 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE NC Division of Public Health 10 595534155 38,86200 Women & Children’s Health Register of Deeds BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 10 48001110 Postage 2,00000 10 48001600 M & R Equipment 5,00000 10 48002110 Computer Lease 5,00000 10 48003300 Departmental Supplies 5,00000 10 48007050 Non - Major Capital Assets 5,00000 TOTAL NET EXPENDITURES 22,00000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 480035113 Register of Deeds Revenue 22,00000 TOTAL NET REVENUE 22,00000 Sheriff BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 10 51001700 Vehicles 12500 10 51007414 Capital Outlay – Sheriff’s Special 8,29889 10 51007418 Capital Outlay – Drug Seizure 6,89213 TOTAL NET EXPENDITURES 15,31602 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 510032106 Controlled Substance Tax 1,29889 10 510033099 Miscellaneous Revenue 7,12500 10 510035160 Federal Equitable Sharing 6,89213 TOTAL NET REVENUE 15,31602 Social Services BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 61005823 Domestic Violence Grant 15400 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 610034123 Social Services Administration 15400 Tax Department BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 45004810 Audit Division – TMA Associates , Inc 6,29400 10 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 10 460031100 Ad Valorem Taxes – Current 6,29400PagePage pageNumber9114 November 3 , 2008 – 10 00 am Continued 9 Appointments Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board made the following appointments and granted waivers for the length of service where needed A Johnston County Livestock Arena Management Board – Reappointed Denise Bricker , Leslie Averill waiver granted , Otis Byrd waiver granted , Norman C Denning , Sr waiver granted , Bryant M Spivey , JB Stephenson waiver granted , and Michele L McLaughlin for two year terms to expire on November 30 , 2010 B Johnston County Tourism Authority – Appointed Mukesh “ Mike ” C Patel to fill an unexpired term ending October 31 , 2010 representing an owner or operator of a hotel , motel , or other taxable tourist development C Local Emergency Planning Commission – Reappointed Randall Jackson and Troy Matthew LaPlante for two year terms to expire on November 30 , 2010 D Oakland Fire Protection District Commission – Reappointed Bryant Worley for a two year term to expire on November 30 , 2010 E Nursing Home Adult Care Home Community Advisory Board – Reappointed Jimmy E Parker for a three year term to expire on November 30 , 2011 ; and appointed Carolyn Fields for a one year initial term to expire on November 30 , 2009 F Shoeheel Firefighter’s Relief Fund Board of Trustees Advertised October 2008 – Appointed Steven Barry Stanley for a two year term to expire on November 30 , 2010 G Wilson’s Mills Firefighter’s Relief Fund Board Advertised October 2008 – Appointed Ben Youngblood for a two year term to expire on November 30 , 2010 Other Appointments H Veterans Services Advisory Board Nominations District 2 Commissioner W Ray Woodall nominated Gary Jackson District 3 Commissioner Wade M Stewart nominated Elton Y Evans District 5 Chairman Cookie Pope nominated Rudy Baker Districts 1 and 4 Commissioner Wade M Stewart noted that only one application each was submitted for Districts 1 and 4 and nominated Larry Wayne Medlin to represent District 1 and George R Murphy to represent District 4 Vote By a unanimous vote show of hands , the Board appointed Larry Wayne Medlin – District 1 ; Gary Jackson – District 2 ; Elton Y Evans – District 3 ; George R Murphy – District 4 ; and Rudy Baker – District 5 The initial terms will be staggered as follows Districts 1 , 3 , 5 , and 7 shall have initial three year terms ending November 30 , 2011 Districts 2 , 4 , and 6 shall have initial two year terms ending November 30 , 2010 ; and thereafter all terms shall be three years Page0115 November 3 , 2008 – 10 00 am Continued At the inquiry of Commissioner Wade M Stewart , the Clerk reported the positions for Districts 6 and 7 would be re - advertised 10 Delinquent Tax Collection Report Tax Administrator Pat Goddard reported on the collection of delinquent taxes for the month of October 2008 She noted in addition to garnishments and bank attachments , 14 foreclosure complaints were filed and no demand letters were sent , resulting in a collection of 20,33203 As of October 31 , 2008 the Tax Department has collected 1479 of the real and personal levy for 2008 , and 6578 of the motor vehicle levy Through the NC State Debt Setoff Program , 43 accounts have been paid for a total of 4,57916 as of October 31 , 2008 The next foreclosure sale is scheduled for December 4 , 2008 11 Farm City Week – November 21 – 27 , 2008 At the request of Chairman Cookie Pope , Johnston County Cooperative Extension Director Bryant Spivey addressed the Board and extended an invitation to the Farm City Week Banquet being held on November 24 , 2008 at 6 30 pm in the Johnston County Agricultural Building Auditorium Mr Spivey reported that the dates of the Farm City Week are November 21 – 27 , 2008 He noted that North Carolina Agriculture Commissioner Steve Troxler will be the guest speaker 12 Manager Reports and Comments A Request for Closed Session County Manager Rick Hester requested the Board to sit in closed session under NCGS 14331811 a 3 Attorney Client Privilege – Tri - County Community Health Council , Inc vs Johnston County 13 Board Reports and Comments A Veterans Day Ceremony Commissioner Wade M Stewart invited everyone to attend the Veterans Day Ceremony to be held on November 11 , 2008 at 11 00 am at the Smithfield - Selma High School B Teen Driving Safety Forum Scheduled – November 13 , 2008 at 7 30 PM – Johnston County Agricultural Building Auditorium Commissioner Tony Braswell reported that at the request of Chairman Cookie Pope , he has scheduled a Teen Driving Safety Forum to be held at the Johnston County Agricultural Building Auditorium on November 13 , 2008 at 7 30 pm Commissioner Braswell stated the forum will have several speakers to address the subject of teen driving It is the hope that several work groups can be formed in an effort to gain as much knowledge on the subject as quickly as possible in order to implement strategies to address teen driving safety measures and avoid future teen casualties Commissioner Braswell noted that there are other groups and municipalities also working on this issue and he commended those groups , indicating that everyone must be involved for the efforts to be successful C Meeting with the North Carolina Department of Transportation Commissioner Tony Braswell reported that he along with Commissioner Allen L Mims , Jr had attended a meeting called by North Carolina Department of Transportation Board Member Gus Tulloss on October 27 , 2008 Commissioner Braswell noted the meeting was also attended by representatives from the area municipalities in an effort to share with the DOT , traffic concerns across the County Both Commissioners Braswell and Mims commented they were pleased to learn that there are other funding sources available within the DOT and they along with the Planning staff have compiled a list of pressing traffic concerns in Johnston County which will be forwarded to the DOT in the hopes that some of the concerns can be addressed Commissioner Braswell stated many of the concerns dealt with safety issues Page1116 November 3 , 2008 – 10 00 am Continued D New Transportation Planner for the RPO Commissioner Tony Braswell informed the Board that the Rural Planning Organization consisting of Johnston , Nash , Wilson , and Edgecombe Counties has hired a Transportation Planner to begin working with the DOT E Legislative Board Commissioner W Ray Woodall stated he has been asked by the North Carolina Association of County Commissioners to serve on a State Legislative Board Commissioner Woodall spoke of the importance for his fellow Commissioners to remain in contact with the Legislative Delegation regarding the prevailing issues in Johnston County 14 Closed Session – NCGS 14331811 a 3 Attorney Client Privilege – Tri - County Community Health Council , Inc vs Johnston County 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 in closed session in accordance with NCGS § 143 - 31811 a 3 Attorney Client Privilege – Tri - County Community Health Council , Inc vs Johnston County No action was taken Commissioner Allen L Mims , Jr moved the Board adjourn closed session and resume regular session Commissioner Tony Braswell seconded the motion , which carried by unanimous vote There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 11 45 am ____________________________ Cookie Pope , Chairman Paula G Woodard , Clerk to the BoardPage