December 3, 2007 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 491 Meeting of the Johnston County Board of Commissioners December 3 , 2007 10 00 am The Johnston County Board of Commissioners met in regular session Monday , December 3 , 2007 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , John R Massey , Finance Officer , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk Chairman Cookie Pope called the meeting to order at 10 00 am Commissioner Jeffrey P Carver 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 DeVan Barbour , 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 – November 5 , 2007 10 00 am & 6 00 pm ; November 6 , 2007 7 00 pm WJHS Community Meeting ; and November 15 , 2007 7 00 pm NJMS Community Meeting B Adoption of Schedule of Regular Board Meetings for 2008 as follows JOHNSTON COUNTY BOARD OF COMMISSIONERS SCHEDULE OF REGULAR BOARD MEETINGS For 2008 Meeting Place - Johnston County Courthouse Annex Commissioners Room , Smithfield , North Carolina January Monday , January 7 , 2008 – 10 00 am Monday , January 7 , 2008 - 6 00 pm February Monday , February 4 , 2008 - 10 00 am Monday , February 4 , 2008 - 6 00 pm March Monday , March 3 , 2008 - 10 00 am Monday , March 3 , 2008 - 6 00 pm April Monday , April 7 , 2008 - 10 00 am Monday , April 7 , 2008 - 6 00 pm May Monday , May 5 , 2008 - 10 00 am Monday , May 5 , 2008 - 6 00 pm June Monday , June 2 , 2008 - 10 00 am Monday , June 2 , 2008 - 6 00 pm July Monday , July 7 , 2008 - 10 00 am Monday , July 7 , 2008 – 6 00 pm August Monday , August 4 , 2008 - 10 00 am Monday , August 4 , 2008 - 6 00 pm September Tuesday , September 2 , 2008 - 10 00 am Tuesday , September 2 , 2008 - 6 00 pm Page492 December 3 , 2007 – 10 00 am Continued October Monday , October 6 , 2008 - 10 00 am Monday , October 6 , 2008 - 6 00 pm November Monday , November 3 , 2008 - 10 00 am Monday , November 3 , 2008 - 6 00 pm December Monday , December 1 , 2008 - 10 00 am Monday , December 1 , 2008 - 6 00 pm C Approval of Public Officials ’ Bonds for the County as follows Johnston County Bonds for Public Officials Position Official Name Amount of Policy Number Effective Date Bond Tax Administrator Pat Goddard 100,000 2965516 03 12 07 - - 03 12 08 Social Services Director Earl Marett 55,000 2463590 08 31 07 - - 08 31 08 Sheriff Steve Bizzell 55,000 3548642 12 07 07 - - 12 07 08 Register of Deeds Craig Olive 60,000 2647210 12 01 07 - - 12 01 08 Blanket Bond All employees 50,000 2244175 12 01 06 - - 12 01 10 County Manager Rick J Hester 500,000 2244175 12 01 06 - - 12 01 10 Clerk to the Board Paula Woodard 500,000 2244175 12 01 06 - - 12 01 10 Finance Officer John R Massey 500,000 2244175 12 01 06 - - 12 01 10 Asst Finance Officer Tyson Radford 500,000 2244175 12 01 06 - - 12 01 10 Economic Dev Director Michael de Sherbinin 500,000 2244175 12 01 06 - - 12 01 10 D Refund of Excise Tax The Board approved two requests for refunds of overpayment of revenue stamps , as follows 1 Attorney Larry Kristoff for a refund of 5600 from a transaction wherein the property sale was exempt from revenue stamps ; however , the stamps were paid in error ; and 2 Attorney Leon Lucas for a refund of 35000 due to overpayment resulting from improper inclusion of personal property E Tax Releases & Refunds – 10 16 07 - 11 15 07 as follows Year Bill # Acct # Name Tran Type Paid 2007 0709 - 666365 0706 - 742033 LUCHENE , PAUL Overpayment 11798 2007 0708 - 656246 0705 - 727710 HODGES , AUSTIN EARL Release 15465 2006 0705 - 616413 0702 - 684252 HANLINE , FRANK EDWARD Overpayment 18154 2006 0706 - 626696 0703 - 696288 RHODES , GARY WAYNE Release 14187 2006 0612 - 560583 0609 - 623968 SCOTT , MICHAEL EARL Release 27981 2007 0708 - 658111 0705 - 729254 SCOTT , MICHAEL EARL Release 18144 2007 0708 - 653811 0705 - 730638 TRUITT , JR , MICHAEL MARSHALL Overpayment 12401 2006 0706 - 623150 0703 - 700668 STEVENSON , JOHN GEORGE Overpayment 14116 2007 0710 - 676690 0707 - 750905 POPE , CHRISTOPHER BRIAN Tag Surrender 11603 2007 0710 - 676680 0705 - 727710 HODGES , AUSTIN EARL Release 19429 2007 0710 - 682424 0707 - 757054 ARRIETA , GREGORIO CAMPOS Release 18482 2007 0709 - 665036 0706 - 739362 BIGGERSTAFF , DAVID BRUCE Release 31945 2007 0709 - 670970 0706 - 746512 SHEPHARD , JIMMIE LEE Release 22310 2007 0709 - 673095 0706 - 746217 SHERARD , BARBARA BARNES Release 24648 2007 0709 - 665852 0706 - 744694 HANCIN , WILLIAM JOHN Release 12937 2007 0710 - 689895 0707 - 759714 AYCOCK , DEBORAH ANN Release 16208 2007 0710 - 683323 0707 - 758944 TOWN OF CLAYTON Release 34282 2006 0611 - 552101 0608 - 609769 LESLIE , ROBERT MATTHEW Release 13178 2006 0705 - 621634 0702 - 684378 LESLIE , ROBERT MATTHEW Release 11603 2007 0710 - 679726 0707 - 757987 JACKSON , TERRANCE JERMYNE Release 30205 2007 0710 - 680618 0707 - 760541 ROBERTSON , SAM EARL Release 14861 2007 0710 - 687751 0707 - 758056 J P EDWARDS INC Release 56295 2007 0710 - 677422 0707 - 758714 COATES GRADING & HAULING CO Release 22690 2007 0710 - 685184 0707 - 759906 STRICKLAND , GEORGE ROBERT Release 71260 Page493 December 3 , 2007 – 10 00 am Continued 2007 0709 - 669439 0706 - 741715 SULLIVAN , THOMAS NEIL Release 14552 2007 0710 - 683818 0707 - 759622 KLINE , SHAWN KYLE Release 16933 2007 0710 - 680242 0707 - 754104 MOODY , WILLIAM MARVIN Release 13830 2007 0709 - 670244 0706 - 739275 PRUITT , DAVID Release 10769 2007 0710 - 688085 0707 - 754647 PARNELL , JERRY LELAND Overpayment 13605 2007 0709 - 671071 0706 - 741538 WHITEHURST , GREGORY PAUL Overpayment 11155 2007 0710 - 680356 0707 - 755610 NORRIS , JOSEPHINE MEDLIN Release 14321 2007 0710 - 689674 0707 - 755028 TURNER , PAMELA WHITLEY Release 17741 1998 9901 - 532224 9810 - 724451 MCMAHAN , CHARLES EDWARD Release 14433 2007 0710 - 676690 0707 - 750905 POPE , CHRISTOPHER BRIAN Release 15470 2007 0709 - 674464 0706 - 746895 PERRY , TONY RAYVON Release 12357 2007 0710 - 686201 0707 - 758668 HALLINAN , IAN Release 14285 2007 0710 - 686202 0707 - 761372 HALLINAN , IAN Release 24485 2001 0111 - 871475 0108 - 123189 HARTMAN , MATTHEW AUGUSTUS Release 10692 2007 0710 - 680644 0707 - 754657 ROSE , WILLIE REX Release 16683 2006 0705 - 616188 0702 - 678401 BAILEY , VELANCIA PRIDGEON Overpayment 14571 2007 0709 - 666515 0706 - 737443 MEYER , TODD MARSHALL RAYMOND Release 17810 2007 0710 - 687221 0707 - 759082 BROWER , WILLIAM TODD Release 16523 2007 0709 - 673691 0706 - 738548 CREECH , WADE SIDNEY Release 10323 2007 0708 - 651798 0705 - 730001 DIEFFENBACH , RONALD WAYNE Overpayment 12759 2007 0710 - 689215 0707 - 761772 MARTIN , JR , WILLIAM PAUL Release 11791 2007 0709 - 672202 0706 - 746198 BENAVIDEZ , MARTIN Release 21450 2006 0706 - 625713 0703 - 701871 IBARRA , GILBERT Overpayment 10000 2007 0710 - 679490 0707 - 761784 HAIGHT , DUANE ANDREW Release 12750 2007 0710 - 680348 0707 - 760009 NIXON , JOSEPH BLAIR Release 22913 2007 0710 - 677692 0707 - 755224 JERNIGAN , CHARLES ANDREW Release 31648 2007 0707 - 646902 0704 - 714820 HUHMANN , TROY ALLAN Tag Surrender 10868 2007 0708 - 649686 0705 - 729085 MATHIAS , KENNETH ALFRED Overpayment 33813 2007 0709 - 669283 0706 - 745543 NISSAN INFINITI LT Tag Surrender 11695 2007 0710 - 677758 0707 - 759486 KEITH , NANCY JOHNSON Release 20736 2007 0710 - 689545 0707 - 759159 DENTON , CHARLES SANFORD Release 21569 2006 0612 - 560139 0609 - 624024 CROCKER , TRACY WAYNE Overpayment 10118 2006 0612 - 560139 0609 - 624024 CROCKER , TRACY WAYNE Void Refund 10118 2007 0710 - 688604 0707 - 761412 WOOD , ROGER HENDERSON Release 22154 2007 0707 - 642432 0704 - 706129 RILEY , CHRISTOPHER ALLEN Tag Surrender 10414 2006 0609 - 518774 0606 - 575799 BAKER , LARRY RAEFORD Overpayment 18681 2007 0710 - 685248 0707 - 761262 BEASLEY , DONNA SANDERS Release 14901 2006 0706 - 626601 0703 - 691715 PUCKETT , BRANDON WESTWOOD Release 15933 2007 0708 - 651640 0705 - 722811 COLE , JAMILYN P Overpayment 11642 2007 0707 - 644375 0704 - 716001 BRASWELL HOMES Overpayment 20230 2007 0710 - 677360 0707 - 758341 BRYANT , SARAH ANN Release 12013 2007 0710 - 689006 0707 - 755872 BAUER , DAVID JAMES Overpayment 11569 2007 0710 - 676965 0707 - 753724 MARKS , BETSY BAUCOM Release 11263 2006 0706 - 623533 0703 - 696161 GARDNER , ANDREW DAVID Overpayment 14924 2006 0701 - 566990 0610 - 631850 AUSTIN , JACOB RODERICK Overpayment 11220 Real Personal Property Releases 10 17 2007 8 59 31 124 JAMES 2007 - 501327 2000064242 WOODARD , TIMOTHY C 57361 10 17 2007 9 29 56 124 JAMES 2007 - 073770 2000088758 SIGNATURE OUTDOOR ADV 94453 10 17 2007 9 46 48 124 JAMES 2007 - 064361 2000125835 PEREZ , MARIA IGNACIA 19361 10 17 2007 11 22 47 124 JAMES 2007 - 024321 2000023536 EAGLE TRANSPORT CORP 10,11842 10 17 2007 11 47 15 105 SHEILA 2007 - 041506 2000111143 JOHNSON , FORREST GLENN 1,72587 10 17 2007 17 01 43 124 JAMES 2007 - 501124 2000107959 LANCASTER , JEFFREY TODD 16405 10 19 2007 14 40 06 121 CATHY 2007 - 200383 2000091660 MATOS , JAMES 64166 10 19 2007 14 55 58 121 CATHY 2007 - 068028 2000090289 RAY , JAMES H 55461 10 19 2007 15 57 44 121 CATHY 2003 - 202579 15942580 BYRD , SAMUEL 35862 10 19 2007 16 00 13 121 CATHY 2004 - 013026 15942580 BYRD , SAMUEL 39448 10 19 2007 16 02 21 121 CATHY 2005 - 013010 15942580 BYRD , SAMUEL 35862 10 19 2007 16 03 50 121 CATHY 2006 - 013096 15942580 BYRD , SAMUEL 37143 10 23 2007 12 37 18 124 JAMES 2007 - 056489 60679350 MIMS , ALLEN L JR 4,37416 10 23 2007 12 51 30 124 JAMES 2007 - 056489 60679350 MIMS , ALLEN L JR 1751 10 23 2007 14 12 24 124 JAMES 2004 - 051523 2000082165 MELVIN , DOROTHY ELAINE 13779Page494 December 3 , 2007 – 10 00 am Continued 10 23 2007 14 36 59 105 SHEILA 2007 - 201590 52898320 LEE , DANIEL HEIRS 32508 10 23 2007 14 39 07 105 SHEILA 2007 - 201589 52898320 LEE , DANIEL HEIRS 31752 10 23 2007 14 41 09 105 SHEILA 2007 - 201588 52898320 LEE , DANIEL HEIRS 30996 10 23 2007 14 42 32 105 SHEILA 2007 - 201587 52898320 LEE , DANIEL HEIRS 30996 10 23 2007 17 11 10 124 JAMES 2007 - 501009 2000134798 AGUILAR , DARIO 19775 10 23 2007 17 13 23 124 JAMES 2007 - 501039 2000135130 ESPINOZA , DARIO AGUILAR 14965 10 29 2007 12 03 19 105 SHEILA 2007 - 052121 2000019067 MARSHALL , JULIAN BRIAN 4,06593 10 29 2007 14 31 18 105 SHEILA 2007 - 200290 2000019067 MARSHALL , JULIAN BRIAN 3,87618 10 29 2007 14 34 26 105 SHEILA 2007 - 200291 2000019067 MARSHALL , JULIAN BRIAN 3,87618 10 29 2007 14 35 14 105 SHEILA 2007 - 200292 2000019067 MARSHALL , JULIAN BRIAN 3,87618 10 29 2007 16 17 06 121 CATHY 2004 - 022887 2000023536 EAGLE TRANSPORT CORP 14,58008 10 29 2007 16 18 50 121 CATHY 2005 - 023100 2000023536 EAGLE TRANSPORT CORP 12,96008 10 29 2007 16 20 24 121 CATHY 2006 - 023710 2000023536 EAGLE TRANSPORT CORP 11,80483 10 31 2007 8 14 42 124 JAMES 2007 - 013748 2000098639 CAM FABRICATION INC 86045 11 9 2007 10 25 41 124 JAMES 2007 - 501290 2000135315 DAVIS , JAMES THOMAS SR 15391 11 9 2007 17 37 58 124 JAMES 2007 - 501028 2000134812 BRADLEY , JUANITA DOANE 25283 11 9 2007 17 39 32 124 JAMES 2007 - 039983 2000051197 JACOBS , JOHN R 13554 11 9 2007 17 43 32 124 JAMES 2005 - 044743 2000001697 LANGSTON , ELTON R HEIRS 17923 11 9 2007 17 44 58 124 JAMES 2006 - 045958 2000001697 LANGSTON , ELTON R HEIRS 17354 11 9 2007 17 46 19 124 JAMES 2007 - 047298 2000001697 LANGSTON , ELTON R HEIRS 16354 11 13 2007 15 58 04 105 SHEILA 2007 - 019710 2000066758 CREECH , STEVEN LYNN 3,13375 11 13 2007 16 30 58 121 CATHY 2007 - 096225 2000132667 WILCOHESS LLC 1,66175 Real Personal Property Refunds 10 16 2007 14 39 20 121 CATHY 2007 - 092491 2000117512 GOLDEN PROPERTIES OF NC 58455 10 17 2007 8 16 13 189 TERI 2002 - 010318 2000055676 BROUGHTON , BILLY RAY 15962 10 18 2007 11 01 54 187 RENEE 2006 - 058807 2000057927 OAKLEY , PAUL D & 10418 10 18 2007 11 19 01 187 RENEE 2007 - 082925 2000084417 TWO BY TWO DAYCARE DEVELOP 28962 10 18 2007 14 30 27 121 CATHY 2007 - 033374 2000125376 HARE INVESTMENTS LLC 78435 10 19 2007 8 41 10 189 TERI 2006 - 058807 2000057927 OAKLEY , PAUL D & 6600 10 19 2007 14 59 12 121 CATHY 2007 - 068028 2000090289 RAY , JAMES H 55461 10 22 2007 8 57 52 145 MELISSA 2007 - 015525 2000115626 CENTEX HOMES 32725 10 22 2007 8 59 16 145 MELISSA 2007 - 002073 2000044362 ANDERSON , ANDY CARL 14759 10 22 2007 11 35 15 187 RENEE 2007 - 014780 2000091722 CARROLL , JAMES DAVID 62632 10 23 2007 10 16 26 189 TERI 2007 - 024300 2000112423 E & F PROPERTIES INC 67910 10 23 2007 14 57 08 121 CATHY 2007 - 092519 2000127638 HALL SIGNATURE HOMES INC 23949 10 29 2007 11 21 51 319 JACKIE 2007 - 077992 2000124240 STEVENS , GEORGE BENJAMIN 13520 10 29 2007 14 46 25 121 CATHY 2007 - 075723 2000113465 SOUTH EAST DEVELOPMENT OF 87066 10 29 2007 14 49 30 121 CATHY 2007 - 008731 2000100214 BLACKMAN , SANDY A 29669 10 29 2007 16 17 59 121 CATHY 2004 - 022887 2000023536 EAGLE TRANSPORT CORP 14,58008 10 29 2007 16 19 36 121 CATHY 2005 - 023100 2000023536 EAGLE TRANSPORT CORP 12,96008 10 29 2007 16 21 07 121 CATHY 2006 - 023710 2000023536 EAGLE TRANSPORT CORP 11,80483 10 31 2007 11 26 19 121 CATHY 2007 - 058277 2000123657 MOZINGO , CATHY 64748 10 31 2007 12 26 33 145 MELISSA 2007 - 040435 2000120076 JEFFREYS , JAMIE R 10880 10 31 2007 12 37 04 145 MELISSA 2007 - 012545 2000096253 BUNN , JOSEPH L 1,77395 10 31 2007 12 37 46 145 MELISSA 2007 - 040086 2000089674 JAMES , FELECIA FAYE 87899 10 31 2007 12 38 33 145 MELISSA 2007 - 011013 2000058910 BRIGHT , DONALD S II 10586 10 31 2007 12 39 15 145 MELISSA 2007 - 011595 2000126658 BROWN , DARRELL L 2,18526 10 31 2007 12 40 37 145 MELISSA 2007 - 033769 2000122613 HARRIS , RALPH 20000 10 31 2007 12 42 31 145 MELISSA 2007 - 053740 2000031649 MCCLAIN , CECELIA 29829 10 31 2007 12 43 21 145 MELISSA 2007 - 008137 2000120950 BERUMEN , TOMAS 1,00000 10 31 2007 12 44 03 145 MELISSA 2007 - 040973 2000063611 JOHNSON , ANITA 1,81764 10 31 2007 12 44 45 145 MELISSA 2007 - 011466 2000058831 BROOKS , WILLIAM L 70065 10 31 2007 12 46 35 145 MELISSA 2007 - 029216 2000125404 GARCIA , MANUEL 22525 10 31 2007 12 47 12 145 MELISSA 2007 - 017523 2000091816 COLEMAN , SCOTT L 1,28009 10 31 2007 12 47 43 145 MELISSA 2007 - 036610 2000117298 HODGES , TERRY E 81303 10 31 2007 12 48 54 145 MELISSA 2007 - 029493 2000068742 GATES , STEPHEN D 23826 10 31 2007 12 49 34 145 MELISSA 2007 - 028221 2000123693 FORSTER , MICHAEL KARL 13974 10 31 2007 12 50 15 145 MELISSA 2007 - 016490 2000124312 CLAVES , PATRICIA A 30000 10 31 2007 12 52 06 145 MELISSA 2007 - 022698 2000096093 DIAS , WILLIAM 39664 10 31 2007 12 52 51 145 MELISSA 2007 - 061805 2000117579 PANZARELLA , JOSEPH 35498 10 31 2007 12 57 00 145 MELISSA 2007 - 026906 2000068986 FAULK , DON L & 31436PagePage pageNumber5495 December 3 , 2007 – 10 00 am Continued 10 31 2007 12 57 42 145 MELISSA 2007 - 025406 2000021988 EISENMANN , STEPHEN F SR 1,16449 10 31 2007 12 59 26 145 MELISSA 2007 - 044435 2000087155 JR STEPHENSON HOMES INC 93699 10 31 2007 13 00 06 145 MELISSA 2007 - 000226 2000124321 ACORD , JONATHAN G 86058 10 31 2007 13 03 23 145 MELISSA 2007 - 091375 2000103436 YOUNG , ROBERT EARL 19920 10 31 2007 13 04 02 145 MELISSA 2007 - 092484 2000087155 JR STEPHENSON HOMES INC 16384 10 31 2007 13 07 21 145 MELISSA 2007 - 069623 2000034900 RITCHIE , RICHARD E 38070 10 31 2007 14 39 09 121 CATHY 2007 - 088489 2000035540 WILLIAMS , SHERRILL R 1,47670 10 31 2007 14 46 37 121 CATHY 2007 - 006584 2000077276 BAT DEVELOPERS LLC 1,48947 10 31 2007 16 35 15 145 MELISSA 2007 - 045340 2000103579 KIDWELL , VERNON L 1,51707 10 31 2007 16 35 49 145 MELISSA 2007 - 074412 2000072479 SMITH , DUANE A 1,78633 10 31 2007 16 38 48 145 MELISSA 2007 - 017680 2000040247 COLLINSWORTH , STEVEN F 74709 10 31 2007 16 40 12 145 MELISSA 2007 - 081129 2000118237 THOMAS , STEPHEN BLAIR 75121 10 31 2007 16 41 17 145 MELISSA 2007 - 001210 2000006971 ALLEN , DEBBIE L 29747 10 31 2007 16 41 55 145 MELISSA 2007 - 065760 2000121493 POOLE , CHARLES P 75530 10 31 2007 16 43 15 145 MELISSA 2007 - 055911 2000118239 MESSER , DEREK B 36592 11 1 2007 15 55 30 189 TERI 2006 - 068087 2000049686 ROBERTS , ODETTE 16310 11 2 2007 14 58 41 187 RENEE 2007 - 094836 2000020224 MCCULLEN , CONNIE THOMPSON 17043 11 2 2007 14 59 20 187 RENEE 2007 - 020584 2000068884 CURTIS , MICHAEL TIMOTHY 1,17373 11 2 2007 15 00 03 187 RENEE 2007 - 083335 2000115245 VALDES , TOMAS 1,46823 11 2 2007 15 00 46 187 RENEE 2007 - 058151 2000121819 MOSER , MINDY 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2007 13 04 11 189 TERI 2006 - 084197 2000059916 WHEELER , JAMES MICHAEL 19876 11 13 2007 15 22 10 187 RENEE 2007 - 094185 2000128407 FEDERAL HOME LOAN MORTG CO 69720 11 13 2007 16 32 08 121 CATHY 2007 - 096225 2000132667 WILCOHESS LLC 1,66175 11 14 2007 9 41 54 189 TERI 2006 - 200638 2000075886 BRYANT , JIMMY R 10978 3 Organization of the Board County Manager Rick Hester called for nominations for Chairman of the Board Commissioner W Ray Woodall nominated Commissioner Cookie Pope There being no further nominations , Commissioner Cookie Pope was elected by acclamation to serve as chairman for a one year term Chairman Pope called for nominations for Vice Chairman of the Board Commissioner DeVan Barbour nominated Commissioner Wade M Stewart There being no further nominations , Commissioner Wade M Stewart was elected by acclamation to serve as Vice Chairman of the Board for a one year term 4 Public Comments A Recognition of Retiring Emergency Services Director Dewayne West County Manager Rick Hester informed the Board that Emergency Services Director Dewayne West had recently received the Christopher Clayton Award , a national honor , and noted Mr West would be retiring at the end of the month Mr West thanked the Board for their support during his tenure with Johnston County and stated his success had also been made possible by the efforts of his staff , his family , and all the other County Departments Mr West asked the Board to continue their support for the Emergency Services Department after his departure later this month PagePage pageNumber6496 December 3 , 2007 – 10 00 am Continued The Board expressed their appreciation to Mr West for his services to Johnston County and wished him well in his future endeavors B Apology to ABC Commission of Johnston County Chairman Cookie Pope issued an apology to Johnston County ABC System General Manager Swade Carroll and the Johnston County ABC Board of Directors noting that she felt at the November 5 , 2007 Board meeting , some of the remarks made to Mr Carroll had been harsh Chairman Pope stated the Board appreciates the efforts of Mr Carroll and his Board of Directors and she apologized if anyone had been offended , as it was not the intent of the Commissioners Commissioner Wade M Stewart reiterated the Chairman’s comments and stated he believed Mr Carroll does an excellent job along with the ABC Board of Directors , Jerry Cox , Neal Johnson , and Gene Jackson 5 Resolution – The Honorable Knox V Jenkins , Jr Portrait At the Chairman’s request , Judge Knox Jenkins came forward to be recognized Judge Jenkins stated it had been a pleasure to work with the Johnston County Board of Commissioners over the years and his tenure as Senior Resident Superior Court Judge had been a rewarding experience Attorney Lamar Armstrong addressed the Board and stated he had enjoyed getting to know Judge Jenkins over the years Mr Armstrong informed the Board that he along with Attorney Jimmy Narron and Mr Pete Williams had raised private funds to pay for the cost of a portrait of Judge Jenkins and he requested the Board to consider the adoption of a resolution approving the hanging of the portrait in the Johnston County Courthouse At the request of the Chairman , County Manager Rick Hester read aloud the Resolution in Honor of Judge Knox Vaughan Jenkins , Jr Commissioner W Ray Woodall stated he felt Judge Jenkins represented a perfect example for all future Judges and attorneys to follow and moved the Board adopt the resolution Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote RESOLUTION IN HONOR OF JUDGE KNOX VAUGHAN JENKINS , JR WHEREAS , the Johnston County Board of Commissioners from time to time has honored certain retiring members of the judiciary of this County who have distinguished themselves in the legal profession and in their community ; and WHEREAS , Knox Vaughan Jenkins , Jr , having graduated from Goldsboro High School where he lettered in all three sports in all four years , honorably and proudly served his country overseas in the United States Army during the Korean Conflict ; and WHEREAS , he thereafter completed his undergraduate education at the University of North Carolina , graduating in 1958 ; and WHEREAS , he was admitted to the Law School of the University of North Carolina at Chapel Hill , and graduated from that institution in 1961 ; and WHEREAS , he began his legal career in Smithfield , North Carolina , where he built a trial practice and developed a well - earned reputation as a tenacious litigator and enjoyed the respect of the Bar and the Bench for his innovative approach to cases , his meticulous preparation and his devotion to his clients and to the law ; and WHEREAS , he has always been active in civic , community and church affairs , and has served the Johnston County Bar Association and the Eleventh District Bar as President ; and WHEREAS , in 1991 he offered himself as a candidate for Superior Court Judge for the State of North Carolina , was elected to that position , continued to be elected and served out his most recent term which expired last year ; and WHEREAS , he is a graduate of the National Judicial College of the University of Nevada and has served on the President s Council on Substance Abuse , working with that Council in Florida , New York and Kentucky , and has served the people of the State of North Carolina as Senior Resident Superior Court Judge for the Judicial District which includes Johnston County with honor and distinction ; and WHEREAS , in all of his dealings with the community at large and particularly with his clients and with those who appeared before his court , he was always respectful , true to his commitments , a gentleman and a friend ; and WHEREAS , he has long had the respect and admiration of the members of the Bar and the community at large for his ability as a litigator , his intuitive sense of what is right , his decisiveness , his promotion of judicial efficiency , his graciousness to trial lawyers , and his wisdom , particularly with regard to the settlement process ; and WHEREAS , in all of his endeavors , as a practicing lawyer , family man with four children and a lovely wife , Violet Weaver Jenkins , as a member of the community , a citizen and a judge , Knox Vaughan Jenkins , Jr , has fulfilled hisPagePage pageNumber7497 December 3 , 2007 – 10 00 am Continued responsibilities with distinction and devotion to duty , and has reflected credit upon himself , the Johnston County Bar Association , the Judiciary of the State of North Carolina , and this County NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners , in recognition and appreciation of his many contributions to the community and to the legal profession , does , as a reflection of our , and this County s , affection and esteem for our recently retired Senior Resident Superior Court Judge , Knox Vaughan Jenkins , Jr , adopt these Resolutions ; and BE IT FURTHER RESOLVED , that the Johnston County Board of Commissioners does hereby approve of the hanging of a portrait of Judge Knox Vaughn Jenkins , Jr , in the Johnston County Courthouse at a proper place to be designated by the Senior Resident Superior Court Judge for Judicial District 11B , as further indication of our affection , esteem and respect for Judge Knox Vaughn Jenkins , Jr , to the end that his service to the judiciary , to the Bar of this State , and to the citizens of Johnston County can be a permanent example to those who follow and whose good fortune it may be to look upon his portrait and to consider his many contributions rd This 3 day of December , 2007 6 Public Utilities – Informational Presentation to Board for NC Rural Center Grant Pre - Qualification Utility Development Manager Sandy Mills presented the Board with an informational overview of discussion topics covered during recently attended seminars hosted by the North Carolina Rural Center Ms Mills stated in the summer of 2007 , the North Carolina General Assembly appropriated 100 million to the North Carolina Rural Center in the FY 2007 - 2009 state budget for the purposes of making grants to rural communities in need of water and wastewater infrastructure improvements Ms Mills noted as part of establishing bonus points for funding consideration , Johnston County officials have attended two required seminars Ms Mills reviewed the following bullet points of information that were covered during the seminars Workshop Objectives • Understand discuss perspective of funding agencies , local governments , and engineers ; • Increase familiarity with Qualifications Based Selection RFP process ; • Understand importance of financial planning tools ; • Know essential elements of contract negotiations and monitoring ; • Learn skills for dispute resolution prevention Responsibility of Local Governments • Water resource planning and development among the most important responsibilities of local officials , o Address population trends and economic development staying ahead of demand o Repair replace aging infrastructure o Meet regulatory requirements Critical Planning Needs • Infrastructure needs Rural Center 2030 Report o 68 billion by 2010 o 163 billion by 2030 • Future vulnerability of water resources o Quality o Availability Critical Planning Issues • Innovative Solutions Approaches o When is regionalization appropriate o When are decentralized options needed o Watershed approach • Loan and Grant Sources o Eligibility Requirements are increasing o Grant opportunities are decreasing Maximum USDA Grant - 1 million project Maximum Rural Center Grant - 500,000 project Need for Consulting Engineering Services • Maintain existing staff size • Staff workload prohibits project demands • Special technical expertise o Environmental , structural studies o Full range of resources for short periods • Independent and unbiased perspective Selection of CE Firm Services • Request for Qualifications RFQ o Compete based on qualifications o Brooks Bill – NC General Statutes 143 - 6431 o Fee based selection could result in an unqualified firm and poor fatal designPagePage pageNumber8498 December 3 , 2007 – 10 00 am Continued RFQ – Funding Agency Role • Smaller communities without expertise have detailed procedures to follow • Funding agencies review wide array of engineering contracts and inherently regulate fee structures realistic for area • Funding agencies have historical performance and references • Lend confidence to this critical selection Be … A … Ware • Project Approach – remain engaged involved invested • Who actually performs the work • Conflict resolution – upfront • Interaction with consultant – hold accountable Be … Ware • Price before competency – “ you get what you pay for ” • Low ball price – “ too good to be true ” • Additional Services and Expenses – manage the scope • Hourly rate schedule – “ nickel & dime ” Why conflict resolution is important • Communication is not as easy as some might think • Technical specialized knowledge does not always resolve a problem • A lot is at stake – creditability , money , sense of urgency , community sustainability , etc • Parties get “ stuck ” in wanting what they want • Litigious culture – alternatives to court 7 Public Utilities – O’Neals Water District Items Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board recessed regular session to sit as the O’Neals Water District Board Sitting as the O’Neals Water District Board Tim Broome , PE , Director of Utilities & Engineering , outlined three requests for the Board’s consideration , as follows A Approval of Plans and Specifications for Phases 2 and 3 of Water District System Mr Broome stated staff had reviewed the plans and specifications for Phases 2 and 3 of the water district system for the O’Neals Water District and have found them to be consistent with the scope of the preliminary engineering report and County design and construction standards Mr Broome noted staff recommended approval and acceptance by the Board B Resolution - Designation of Growth Corridors & Excess Capacity Water Mains Mr Broome informed the Board that in order to obtain USDA - Rural Development’s approval for increasing the size of certain pipelines in the O’Neals Water District , staff requests the Board to consider the adoption of a resolution designating excess capacity water lines on NC 96 and Antioch Church Road and growth corridors along certain sections of NC Hwy 39 and NC Hwy 222 The pipelines are proposed for upsizing to achieve proper hydraulics for a new elevated water tank in the district and to facilitate a future emergency interconnection with the Town of Zebulon water system C Resolution Authorizing Application for Potential Grant Assistance from NC Rural Economic Development Center Mr Broome requested the Board to consider the adoption of a resolution authorizing an application for potential grant assistance from the North Carolina Economic Development Rural Center to be used as supplemental funding for an elevated water storage tank in the O’Neals Water District Decision on Items A , B , and C for the O’Neals Water District Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner DeVan Barbour and carried by unanimous vote , the Board took the following actions 1 Approved and accepted the plans and specifications for Phases 2 and 3 of the O’Neals Water District construction project PagePage pageNumber9499 December 3 , 2007 – 10 00 am Continued 2 Adopted the following resolution designating growth corridors and excess capacity water mains in the O’Neals Water District RESOLUTION DESIGNATING EXCESS CAPACITY LINES AND GROWTH CORRIDORS FOR THE O’NEAL’S WATER DISTRICT WHEREAS , in order to obtain USDA – Rural Development approval for increasing the size of certain pipelines in the O’Neal’s Water District , the O’Neal’s Water District Board of Commissioners must designate certain water lines as Excess Capacity Lines and Growth Corridors ; and WHEREAS , all excess capacity lines within the O’Neal’s Water District are subject to the following restriction water line service taps will be restricted to ¾ ” and 1 ” residential service taps with the exception of those taps required to serve agricultural land for agricultural purposes ; and henceforth , express written consent from USDA - Rural Development is required prior to permitting any tap larger than 1 ” for non - agricultural purposes along these excess capacity lines NOW , THEREFORE , BE IT RESOLVED , by the O’Neal’s Water District Board of Commissioners that the District does hereby designate water lines within the following roadway corridors as Excess Capacity Lines NC 96 entire length within District and Antioch Church Road from NC 39 to NC 222 ; and further designates the following roadway corridors as Growth Corridors NC 39 from NC 42 to Antioch Church Road and NC 222 from NC 42 to Antioch Church Road and all pipeline routes within the Municipal Transition Zone’s MTZ’s and Extraterritorial Jurisdiction Boundaries ETJ’s of towns All growth corridors are 1,000 feet in width centered on the centerline of the described roadway rd Adopted this the 3 day of December 2007 3 Adopted the following resolution authorizing an application for potential grant assistance from the North Carolina Economic Development Rural Center for the O’Neals Water District RESOLUTION BY THE O’NEALS WATER DISTRICT BOARD OF COMMISSIONERS FOR APPLCIATION TO THE NC RURAL ECONOMIC DEVELOPMENT CENTER FOR FINANCIAL ASSISTANCE WHEREAS , In the summer of 2007 , the North Carolina General Assembly included a 100 million appropriation to the North Carolina Rural Economic Development Center in the FY2007 - 2009 state budget , for the purpose of making grants to rural communities in need of water and wastewater infrastructure improvements ; and WHEREAS , the O’Neals Water & Sewer District has need for and intends to construct or rehabilitate a publicly - owned treatment works or an alternate wastewater system , for wastewater collection systems or for water supply and distribution systems , project described as O’Neals Water and Sewer District Infrastructure Improvements ; and WHEREAS , the O’Neals Water & Sewer District intends to request grant assistance from the Supplemental Grants Program for the project ; NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE O’NEALS WATER & SEWER DISTRICT That the O’Neals Water & Sewer District will arrange financing for all remaining costs of the project , if approved for a grant That the O’Neals Water & Sewer District will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , District Manager and successors so titled , is hereby authorized to execute and file an application on behalf of the O’Neals Water & Sewer District with the NCREDC Rural Center for a grant to assist in the construction of the project described above That Rick J Hester , District Manager and successors so titled , is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the O’Neals Water & Sewer District has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto rd Adopted this the 3 day of December 2007 at Smithfield , North Carolina Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board adjourned as the O’Neals Water District Board , and regular session was resumed 8 Public Utilities – Hopewell - Pisgah Water District Authorizing Resolution – Potential Grant Assistance Upon a motion by Commissioner Tony Braswell , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board recessed regular session to sit as the Hopewell - Pisgah Water District Board Sitting as the Hopewell - Pisgah Water District Board Tim Broome , PE , Director of Utilities & Engineering , requested the Board to consider the adoption of a resolution authorizing an application for potential grant assistance from the North Carolina EconomicPage0500 December 3 , 2007 – 10 00 am Continued Development Rural Center in an amount up to 500,000 to be used for pipeline improvements to mitigate low service pressure in the area of NC Hwy 210 east of the Reedy Creek Road intersection in the Hopewell - Pisgah Water District Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board adopted the following resolution authorizing an application for potential grant assistance from the North Carolina Economic Development Rural Center for the Hopewell - Pisgah Water District RESOLUTION BY THE HOPEWELL - PISGAH WATER DISTRICT BOARD OF COMMISSIONERS FOR APPLCIATION TO THE NC RURAL ECONOMIC DEVELOPMENT CENTER FOR FINANCIAL ASSISTANCE WHEREAS , In the summer of 2007 , the North Carolina General Assembly included a 100 million appropriation to the North Carolina Rural Economic Development Center in the FY2007 - 2009 state budget , for the purpose of making grants to rural communities in need of water and wastewater infrastructure improvements ; and WHEREAS , the Hopewell Pisgah Water & Sewer District has need for and intends to construct or rehabilitate a publicly - owned treatment works or an alternate wastewater system , for wastewater collection systems or for water supply and distribution systems , project described as Hopewell Pisgah Water and Sewer District Infrastructure Improvements ; and WHEREAS , the Hopewell Pisgah Water & Sewer District intends to request grant assistance from the Supplemental Grants Program for the project ; NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE HOPEWELL PISGAH WATER & SEWER DISTRICT That the Hopewell Pisgah Water & Sewer District will arrange financing for all remaining costs of the project , if approved for a grant That the Hopewell Pisgah Water & Sewer District will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , District Manager and successors so titled , is hereby authorized to execute and file an application on behalf of the Hopewell Pisgah Water & Sewer District with the NCREDC Rural Center for a grant to assist in the construction of the project described above That Rick J Hester , District Manager and successors so titled , is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Hopewell Pisgah Water & Sewer District has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto rd Adopted this the 3 day of December 2007 at Smithfield , North Carolina Upon a motion by Commissioner Tony Braswell , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adjourned as the Hopewell - Pisgah Water District Board , and regular session was resumed 9 Public Utilities – Authorizing Resolutions – Potential Grant Assistance Tim Broome , PE , Director of Utilities & Engineering , requested the Board to consider the adoption of two resolutions authorizing separate applications for potential grant assistance from the North Carolina Economic Development Rural Center in amounts up to 500,000 per grant request Mr Broome noted the County is applying for grant assistance as three separate governmental entities which are the O’Neals Water District , the Hopewell - Pisgah Water District , and the County of Johnston in that only one grant per governmental entity can be awarded Staff is requesting to submit two applications on behalf of the County for either a treatment process upgrade for the water treatment plant or the purchase of a bulk water supply allocation from Harnett County The applications are evaluated competitively and one may rank higher than the other Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board adopted the following resolutions authorizing two separate applications for potential grant assistance from the North Carolina Economic Development Rural Center RESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS FOR APPLCIATION TO THE NC RURAL ECONOMIC DEVELOPMENT CENTER FOR FINANCIAL ASSISTANCE WHEREAS , In the summer of 2007 , the North Carolina General Assembly included a 100 million appropriation to the North Carolina Rural Economic Development Center in the FY2007 - 2009 state budget , for the purpose of making grants to rural communities in need of water and wastewater infrastructure improvements ; and WHEREAS , Johnston County has need for and intends to construct or rehabilitate a publicly - owned treatment works or an alternate wastewater system , for wastewater collection systems or for water supply and distribution systems , project described as Johnston County Water Treatment Plant Improvements ; andPage1501 December 3 , 2007 – 10 00 am Continued WHEREAS , Johnston County intends to request grant assistance from the Supplemental Grants Program for the project ; NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County will arrange financing for all remaining costs of the project , if approved for a grant That Johnston County will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , County Manager and successors so titled , is hereby authorized to execute and file an application on behalf of Johnston County with the NCREDC Rural Center for a grant to assist in the construction of the project described above That Rick J Hester , County Manager and successors so titled , is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto rd Adopted this the 3 day of December 2007 at Smithfield , North Carolina RESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS FOR APPLCIATION TO THE NC RURAL ECONOMIC DEVELOPMENT CENTER FOR FINANCIAL ASSISTANCE WHEREAS , In the summer of 2007 , the North Carolina General Assembly included a 100 million appropriation to the North Carolina Rural Economic Development Center in the FY2007 - 2009 state budget , for the purpose of making grants to rural communities in need of water and wastewater infrastructure improvements ; and WHEREAS , Johnston County has need for and intends to construct or rehabilitate a publicly - owned treatment works or an alternate wastewater system , for wastewater collection systems or for water supply and distribution systems , project described as Harnett County Water Purchase ; and WHEREAS , Johnston County intends to request grant assistance from the Supplemental Grants Program for the project ; NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County will arrange financing for all remaining costs of the project , if approved for a grant That Johnston County will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , County Manager and successors so titled , is hereby authorized to execute and file an application on behalf of Johnston County with the NCREDC Rural Center for a grant to assist in the construction of the project described above That Rick J Hester , County Manager and successors so titled , is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto rd Adopted this the 3 day of December 2007 at Smithfield , North Carolina 10 Reminder of Tiered Water Rate Program Beginning January 1 , 2008 Tim Broome , PE , Director of Utilities & Engineering , reminded everyone that beginning January 1 , 2008 , the County will begin the tiered water rate program The program states that customers with irrigation water meters will be charged 400 per 1,000 gallons and residential customers that use more than 9,000 gallons per month will be charged an additional 100 per 1,000 gallons of usage over 9,000 gallons The normal commodity charge is 300 per 1,000 gallons County Manager Rick Hester noted the rate change had been approved as part of the FY 07 - 08 budget 11 Public Utilities – Award of Bid for Track Excavator for Solid Waste Operations The Board reviewed the following bids , which were received on November 15 , 2007 for a track excavator for use in the solid waste landfill operations ASC Construction Equipment , Garner , NC Volvo EC330BLC 210,51100 R W Moore Equipment Co , Garner , NC John Deere 350D LC 252,64736 Gregory Poole Equipment Co , Raleigh , NC Caterpillar 330DL 287,02940Page2502 December 3 , 2007 – 10 00 am Continued Tim Broome , PE , Director of Utilities & Engineering , stated that staff recommended award of the purchase contract to ASC Construction Equipment of Garner , North Carolina in the amount of 194,73400 , which includes a 48 month power train warranty and trade - in allowance of a 1994 Caterpillar 320L excavator Funds for the purchase were previously approved in the FY 07 - 08 budget Commissioner W Ray Woodall moved the Board award the bid to ASC Construction Equipment of Garner , North Carolina in the amount of 194,73400 , including the 48 month power train warranty and trade - in allowance of a 1994 Caterpillar 320L excavator , and also moved the Board declare the existing 1994 Caterpillar 320L excavator S N 9KK02184 as surplus to facilitate the trade - in on the new machine Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 12 Public Utilities – Utility Extension Across Wake Johnston County Lines Zebulon Town Manager Rick Hardin addressed the Board and introduced Zebulon Planning Director Mark Hetrick and Zebulon Mayor Robert Matheny Mr Hardin stated the Town of Zebulon has been approached by a developer who would like to develop property in eastern Zebulon near Five County Stadium , which includes land inside Johnston County The developer has requested the extension of utilities from Zebulon across the Johnston County line to serve the development and to be annexed by the Town of Zebulon Mr Hardin stated the Town of Zebulon is requesting the Board’s permission to pursue the annexation of the property as well as the extension of utilities to the site Mayor Matheny stated the opportunity would allow the Town of Zebulon to grow as well as provide additional tax base to Johnston County and he looked forward to working with the County on this project Mr Hetrick informed the Board that the development would include approximately 116 acres for a small industrial park with some of the acreage in Wake County ; however , the majority would encompass land in Johnston County , consisting of approximately 90 acres Mr Hetrick outlined the boundaries of the properties on a map for the Commissioners , noting the utility boundary agreement lines between the Town of Zebulon and the Town of Middlesex Mr Hetrick stated as of October 2 , 2006 , the Town of Zebulon has merged utilities with the City of Raleigh Public Utilities Department ; therefore , any financing , ownership , or maintenance would be handled by the City of Raleigh The request to extend utilities , if approved , would require the Town of Zebulon to annex the property located within Johnston County’s limits Mr Hetrick reviewed the process the developer would undertake to obtain building permits for the development and stated Wake County would be responsible for inspections to the site County Manager Rick Hester noted Johnston County currently does not have any infrastructure in the area and the annexation , if approved , would only include the parcels of land proposed for the development Mr Hetrick pointed out that the developer would be responsible for extending utilities of water , wastewater , and reclaimed water to the site which would include a pump station to be placed at the southeastern quadrant of the proposed development The City of Raleigh Public Utilities Department would be responsible for all plan review and approvals for the utility extensions Commissioner Allen L Mims , Jr stated he was glad to see that the development would be industrial related and questioned the Zebulon officials as to their current tax rate Mr Hardin reported the Town of Zebulon’s current tax rate is 055 per 100 valuation Mr Hester questioned if the current property owner in Johnston County had agreed to the purchase of his property in writing Mr Hetrick reported the property owner is agreeable to the development ; however , the developer would like to get approval on the annexation and extension of utilities prior to entering into a formal purchase agreement Commissioner Wade M Stewart inquired as to which governmental entity would be responsible for tax collection Johnston County Tax Administrator Pat Goddard reported Johnston County would collect the taxes by contract for Zebulon and then remit to Zebulon their portion of the taxes Page3503 December 3 , 2007 – 10 00 am Continued Commissioner Jeffrey P Carver instructed staff to ensure that the issue of revaluation would be addressed either through an agreement or a memorandum of understanding between the governmental entities , if the request is approved In response to a question by Chairman Cookie Pope , Director of Utilities & Engineering Tim Broome , reported staff was acceptable to the proposal by Zebulon , in that the County currently does not have infrastructure in the immediate area around the property Mr Hester stated staff recommended approval of the request by the Town of Zebulon Chairman Cookie Pope instructed County Attorney Mark Payne to review any legal documentation associated with the request , if approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board adopted the following resolution allowing the Town of Zebulon to pursue the annexation and extension of utilities into Johnston County for the proposed development RESOLUTION ALLOWING FOR THE TOWN OF ZEBULON TO PURSUE ANNEXATION AND EXTENSION OF UTILITIES INTO JOHNSTON COUNTY WHEREAS , the Town of Zebulon has received a request from a prospective developer for annexation into its extraterritorial jurisdiction ETJ and extension of utilities to service a parcel hereby shown on the attached map , which is referenced as Exhibit A and incorporated herein ; and WHEREAS , the subject parcel partially lies within the jurisdiction and service district of Johnston County ; and WHEREAS , the Town of Zebulon has formally requested the Johnston County Board of Commissioners allow the Town of Zebulon to pursue the annexation into its ETJ and extension of utilities to service this parcel , exclusively ; and NOW THEREFORE BE IT RESOLVED , The Johnston County Board of Commissioners does hereby approve for the Town of Zebulon to pursue the annexation and extension of utilities exclusively to the parcel outlined in the attached Exhibit A , effective immediately after the passage of this resolution rd Resolved this 3 day of December , 2007 13 Public Utilities – Revised Stormwater Design Manual Environmental & Utilities Engineer Chandra Coats informed the Board that in January 2007 , the Johnston County Department of Utilities hosted a Stormwater Management Stakeholders meeting and invited developers , engineers , and the general public for the purpose of discussing the current stormwater management program and to receive suggestions for improvement A revised draft design manual was distributed for review at the meeting in January with comments being subsequently incorporated into the draft design manual and stormwater management plan review process Ms Coats stated in addition , the North Carolina Department of Environment & Natural Resources Division of Water Quality has adopted a new Best Management Practices BMP Design Manual as of July 2 , 2007 and updated on September 27 , 2007 The Division of Water Quality is requesting each local government that implements programs containing stormwater provisions to update their respective design manuals to include the minimum design criteria outlined in the Division’s BMP Manual by March 1 , 2008 Ms Coats requested the Board to concur with the proposed revisions Upon questions from Chairman Cookie Pope , Ms Coats stated the proposed revisions had been posted on the County’s website in January 2007 for review by stakeholders and she had received no negative comments She noted many of the revisions would be clarifications to make the process more straightforward Commissioner Allen L Mims , Jr commented that Ms Coats has done a good job at the Planning Board meetings recently addressing citizen concerns over stormwater issues Commissioner Mims asked if any of the proposed revisions would help to alleviate some of the concerns by the citizens Ms Coats responded the proposed revisions would assist staff to be able to address the citizens concerns ; however , she expected that the public would continue to have the same concerns and ask the same questions Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board concurred with the proposed revisions to the Design Manual , as recommended by staff Page4504 December 3 , 2007 – 10 00 am Continued 14 Public Hearing - 10 15 am – Economic Development Incentive Grant Advertised November 20 , 2007 in The Smithfield Herald The Chairman opened the public hearing and called on Economic Development Director Michael de Sherbinin to address the Board Mr de Sherbinin introduced Mr Barry Partlo , Owner and Ms Carol Wagner , Human Resources Director for Agri Direct Agri Supply Direct Distributors in Micro Mr de Sherbinin noted the Agri Direct operation includes a catalog division while the Agri Supply Direct Distributors operation includes the distribution division Mr de Sherbinin recalled that the County , through the Little River Water District , had partnered with Mr Partlo last year to upsize a water line to serve Mr Partlo’s property to allow the company to expand The result of the water line extension has ensured proper fire protection for the operation and has allowed Mr Partlo to expand his square footage by an additional 30,000 square feet to the catalog division and another 100,000 square feet to the distribution division Mr de Sherbinin stated the cost of the expansion is approximately 3 million dollars and he requested the Board to consider an Economic Development Incentive Grant EDIG between the County and Agri Direct Agri Supply Direct Distributors Mr de Sherbinin reported the EDIG as drafted , establishes a tax base of 2,371,451 as of January 1 , 2007 and the EDIG would be calculated on any investment over and above the base The company will be required to pay their annual taxes and would then be reimbursed 50 of the net new ad valorem taxes over and above the existing base amount for a period of five consecutive years , beginning in January 2009 Mr Partlo informed the Board his company was looking forward to getting the expansion underway There being no further comments , the Chairman closed the public hearing Decision - Economic Development Incentive Grant Commissioner W Ray Woodall moved the Board approve the Economic Development Incentive Grant Agreement as proposed between the County and Agri Direct Agri Supply Direct Distributors and noted the company is a good employer and he would like to see them continue to move forward Commissioner Allen L Mims , Jr seconded the motion and stated at the recent community meeting in Micro , the citizens of the Micro area were asking for more development opportunities and he was glad to see the company expand The motion carried by unanimous vote 15 Resolutions – Recent ETJ Extension Approvals County Manager Rick Hester informed the Board that the proposed resolutions regarding the recently approved ETJ extensions were a formality to comply with statutory requirements County Attorney Mark Payne recommended the Board to adopt the resolutions as proposed Commissioner Tony Braswell moved the Board adopt the following resolutions to allow the Town of Wilson’s Mills to pursue a one mile establishment of their ETJ , and further , to allow the Towns of Clayton , Benson , Smithfield , Pine Level , and Princeton to purse the extension of their ETJ boundaries to two miles Commissioner DeVan Barbour seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Jeffrey P Carver , Allen L Mims , Jr , DeVan Barbour , and Tony Braswell Nays W Ray Woodall RESOLUTION ALLOWING FOR THE ESTABLISHMENT OF A ONE MILE EXTRATERRITORIAL JURISDICTION FOR THE TOWN OF WILSON’S MILLS WHEREAS , the Johnston County Board of Commissioners the Board at its regular meeting on October 1 , 2007 approved the Town of Wilson’s Mills to go forward with the process of establishing a one mile Extraterritorial Jurisdiction ETJ , in accordance with NC General Statutes § 160A - 360 , et seq ; and WHEREAS , the Board has determined , the Town of Wilson’s Mills has met criteria established by the Board for such requests ; and WHEREAS , a public hearing was held on March 5 , 2007 in the Commissioners ’ Room , Courthouse Annex , Smithfield , North Carolina , at which time taxpayers and all other interested persons appeared and were heard concerning the question of establishing a one mile ETJ boundary for the Town of Wilson’s Mills ; andPage5505 December 3 , 2007 – 10 00 am Continued NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners meeting in regular session at Smithfield , North Carolina , on December 3 , 2007 , do the following 1 Allow the Town of Wilson’s Mills to go forward with the process of their ETJ establishment in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Wilson’s Mills , NC ” dated September 25 , 2007 rd Adopted this the 3 day of December 2007 RESOLUTION ALLOWING FOR THE EXPANSION OF THE EXTRATERRITORIAL JURISDICTIONS OF THE TOWNS OF CLAYTON , BENSON , SMITHFIELD , PINE LEVEL , AND PRINCETON WHEREAS , the Johnston County Board of Commissioners the Board at its regular meeting on November 5 , 2007 approved the Towns of Clayton , Benson , Smithfield , Pine Level , and Princeton to go forward with the process of extending their Extraterritorial Jurisdictions ETJs to two 2 miles , in accordance with NC General Statutes § 160A - 360 , et seq ; and WHEREAS , the Board has determined , these municipalities have met criteria established by the Board for such requests ; and WHEREAS , public hearings were held in the Commissioners ’ Room , Courthouse Annex , Smithfield , North Carolina at regularly scheduled and advertised meetings , at which time taxpayers and all other interested persons appeared and were heard concerning the question of extending the ETJ boundaries of the Towns of Clayton , Benson , Smithfield , Pine Level , and Princeton ; and NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners meeting in regular session at Smithfield , North Carolina , on December 3 , 2007 , do the following 1 Allow the Town of Clayton to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Clayton , NC ” dated October 11 , 2007 2 Allow the Town of Benson to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Benson , NC ” dated October 22 , 2007 3 Allow the Town of Smithfield to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Smithfield , NC ” dated October 11 , 2007 4 Allow the Town of Pine Level to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Pine Level , NC ” dated October 25 , 2007 5 Allow the Town of Princeton to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Princeton , NC ” dated October 11 , 2007 rd Adopted this the 3 day of December 2007 16 USDA Wildlife Services – Overview of Beaver Management Program USDA Wildlife Specialist Greg Ellis presented an overview of the Beaver Management Assistance Program BMAP for the period of October 1 , 2006 through September 30 , 2007 , as follows Work Tasks Completed Private Agreements … … … … … … … … … … 20 DOT Agreements … … … … … … … … … … 28 Total … … … … … … … … … … … … … … … … … … 48 Man Hours Allowed … … … … … … … … … … … … … … 60600 Used … … … … … … … … … … … … … … … … … … 48625 Target Species Taken Beaver … … … … … … … … … … … … … … … 239 Nutria … … … … … … … … … … … … … … … 6 Muskrat … … … … … … … … … … … … … … 10 Total … … … … … … … … … … … … … … … … … … 255 Beaver Dams Removed Using Explosives … … … … … … … … … … … 4 Dug Manually … … … … … … … … … … … … 68 Total … … … … … … … … … … … … … … … … … … 72 Value of Resources Saved Agriculture … … … … … … … … … … … … … 8,93400 Property … … … … … … … … …