October 2, 2006 - 1:00 PM - County Board of Commissioners Meeting Minutes

10 650 Meeting of the Johnston County Board of Commissioners October 2 , 2006 1 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 2 , 2006 at 1 00 pm 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 , April N Byrd , Clerk to the Board , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk The Chairman called the meeting to order and the following business was transacted 1 Minutes Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved the minutes for the September 5 , 2006 1 00 pm and 6 00 pm , and September 11 , 2006 6 00 pm board meetings as presented 2 Public Comments No one spoke at this time 3 Department of Transportation – Additions to System The Board reviewed petitions presented by the North Carolina Department of Transportation requesting the following roads be added to the State Secondary System for maintenance Moonlight Drive - Jordan Ridge Subdivision - Phase 2 - Cleveland Township Boone Trail - Boone Ridge Subdivision - Cleveland Township Oak Island Court , Jupiter Island Drive Collector Street , Pea Island Circle , Bodie Island Way and Holiday Island Drive - Island Creek Subdivision - Phase One - Cleveland Township Commissioner W Ray Woodall moved the Board concur with the NC Department of Transportation’s request to add the above listed roads to the State Maintained System Commissioner Tony Braswell seconded the motion which carried by unanimous vote 4 Social Services - Work First Block Grant FY 07 - 09 The Board reviewed the final draft of the Work First Block Grant Plan for FY 07 - 09 The plan has been on view for public comment as required by law , and reviewed by the Work First Planning Committee and the Johnston County Social Services Board Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board formally adopted the FY 07 - 09 Work First Block Grant Plan 5 Request for Public Hearing – Extension of Wynn Four Oaks Fire District Boundaries Emergency Management Director Dewayne West stated that Four Oaks Volunteer Fire Department has requested the Board call for public hearing to consider the extension of the Wynn Fire District boundaries in the Devil’s Racetrack Road area Commissioner Allen L Mims , Jr moved the Board schedule a public hearing for the November 6 , 2006 meeting to consider the extension of the Wynn Fire District boundaries in the Devil’s Racetrack Road area Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote 6 Budget AmendmentsPage651 October 2 , 2006 – 1 00 pm Continued Following discussion , Commissioner W Ray Woodall moved the Board approve the following budget amendments Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59200400 Legal & Professional Fees 5,35400 10 59200300 Salaries Part - time 2,00000 TOTAL NET EXPENDITURES 7,35400 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 592034155 Komen Breast Cancer Foundation 7,35400 7,35400 TOTAL NET REVENUE FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59604600 Medical Supplies 10,39200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 596034155 Health & Human Services 10,39200 Job Training FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE WIA Title 1 Staff Salaries 6,47300 Adult Staff Fringe Benefits 1,27500 Staff Travel 46000 Occupancy Cost 000 Equipment Purchases 000 Equipment Lease Costs 000 On - the - Job Training 000 Work Experience – Part Wages 000 Work Experience – Part Fringe Benefits 000 Individual Training Accounts ITAs 26,91700 Supportive Services 7,75400 Other Program Costs 1,87700 TOTAL NET EXPENDITURES 13,75200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 6 2020 WIA Title 1 Adult Federal 13,75200 13,75200 TOTAL NET REVENUE FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE Page652 October 2 , 2006 – 1 00 pm Continued WIA Title 1 Staff Salaries 5,98600 Dislocated Staff Fringe Benefits 1,24500 Worker Staff Travel 1,54000 Occupancy Costs 000 Equipment Purchases 000 Equipment Lease Cost 000 On - the - Job Training 000 Work Experience – Part Wages 000 Work Experience – Part Fringe Benefits 000 Individual Training Accounts ITAs 65,55500 Supportive Services 62,79800 Other Program Costs 4,63100 TOTAL NET EXPENDITURES 127,29300 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 6 2030 WIA Title 1 Dislocated Worker Federal 127,29300 127,29300 TOTAL NET REVENUE Sheriff BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51007414 Capital Outlay – Sheriff’s Special 39,55765 10 51007418 Capital Outlay – Drug Seizure 182,77049 TOTAL NET EXPENDITURES 222,32814 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 510032106 Controlled Substance Tax 39,55765 10 510035160 Federal Equitable Sharing 182,77049 222,32814 TOTAL NET REVENUE FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51304900 Other Fixed Charges 2,47800 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513034162 Restitution Revenue 2,47800 Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101909 Crisis Intervention 62,39800 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 62,39800 Social Services Renovation FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61571800 Construction of Project 200,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 200,00000 7 AppointmentsPage653 October 2 , 2006 – 1 00 pm Continued A Johnston Memorial Hospital Authority Board of Commissioners Commissioner W Ray Woodall moved the Board nominate Dr Robert Bylciw for the physician position and Alan B Chip Hewett for the Princeton position Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The nominations will be forwarded to the Hospital Authority for review , who will make a recommendation to the Commissioners ; final appointment will be made at the November 6 , 2006 Commissioners meeting Other Appointments Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board made the following appointments B Johnston County Area Mental Health Board - Reappointed Eleanor Creech and Nelson Rose , and appointed Charles Hester , Jr for four year terms to expire October 31 , 2010 C Johnston County Heritage Commission - Waived the length of service policy where applicable and reappointed Dr John Booker , Mary Nell Ferguson , Wilbert Osborne Fields , Jr , Helen W Smith , Loretta Woodard , Elsie Collins , Grover Dees , and Belle B Allen , and appointed Barbara Shaw for two year terms to expire October 31 , 2008 D Fire Protection District Commission - The following appointments are for two year terms to expire October 31 , 2008 Corinth Holders - Reappointed William Ross Carroll , Jr , Dale Holland and David Brewer , and waived the length of service policy for Mr Carroll Boon Hill - Appointed Randy Jones E Firemen’s Relief Fund Board of Trustees - The following appointments are for two year terms to expire October 31 , 2008 Archer’s Lodge - Reappointed David Pace Banner - Reappointed Danny Morgan Bentonville - Reappointed Norman C Denning , Sr Beulah - Appointed Michael E Atkinson Blackmon’s X’Rds - Reappointed Darry B Lee , Jr Boon Hill - Reappointed Elmer Eugene Capps Brogden - Appointed Benny Ray Allen Corinth Holders - Reappointed Sherwood P Creech 50 210 - Reappointed James M Parrish McLemore - Reappointed DR Wells , Sr Meadow - Reappointed William David Wood , Jr Micro - Reappointed Percell Holland , Jr O’Neals - Reappointed Ray Wheeler PI - LE - Reappointed Stephen Holloman Selma - Reappointed Allen L Sellers Smithfield - Reappointed Mark Stephens Strickland’s X’Rds - Reappointed Dennis Max Johnson Thanksgiving - Reappointed Raymond E Earp West Johnston - Reappointed Debsel N Matthews Wilson’s Mills - Reappointed George Clifford Uzzle , III Wynn - Reappointed Bobby G Massengill F Johnston County Emergency Services Advisory Committee – Appointed Donald “ Marshall ” Price , Jr to fill a vacant position representing EMS Rescue , for a three year term to expire August 31 , 2009 8 Request for Waiver of Residential Sewer Service Policy Thurman McLamb , resident of the McGee’s Crossroads community , requested sewer service for approximately 115 acres located at 241 Homestead Road , Four Oaks The property is adjacent to West JohnstonPagePage pageNumber5654 October 2 , 2006 – 1 00 pm Continued High School , and near the West Johnston sewer pump station Mr McLamb has partnered with Denmark Construction to plan a housing development for the property that , in his opinion , would be a great asset to the area Matthew Winslow , Acquisition and Development Manager with Denmark Construction , stated the property is unique because it backs up to the high school Denmark Construction hopes to configure the development so that it connects to the school with sidewalks , and becomes a destination point , rather than just another subdivision in the county Mr Winslow noted the location of an existing pump station at the school , which they would like to tap onto in order to provide sewer service to the development Based on the initial plan of 300 homes with sewer , Mr Winslow presented the following anticipated revenues for the County • Sewer connection fee - 2,500 per home ; Total - 750,000 • Water tap fee - 900 per home ; Total - 270,000 • Average monthly water and sewer fee - 50 per home ; Total - 15,000 • Average yearly taxes for home Based on 300,000 average home price - 2,550 per home ; Total - 765,000 He added that Denmark Construction has been in business for 19 years , and has the experience and background to develop a wonderful neighborhood Mr Winslow showed the Board pictures of neighborhoods the company has built in other areas Commissioner Allen L Mims , Jr asked if anyone had considered the impact that 300 new homes would have on the student capacity at West Johnston High School He also noted that a new home does not necessarily go on the tax books for the actual market price , rather the tax value is based on the schedule of values adopted from the last revaluation Commissioner Wade M Stewart asked if Mr McLamb and Denmark Construction will continue the project if the County does not approve sewer for the property Mr Winslow responded the plans are to construct approximately 300 homes with sewer , or 100 - 130 homes with septic systems , if the County denies the sewer request Further , in response to Commissioner Mims ’ comments , he stated that those involved hoped the sewer revenue would cover any necessary school expansion costs Commissioner Stewart stated , in his opinion , the Board needs to create a comprehensive plan for development in the McGee’s Crossroads area He suggested the plan include the 319 interchange at I - 40 and Highway 210 , McGee’s Crossroads at Highway 50 and Highway 210 , and Coats Crossroads at Raleigh Road and Highway 210 The Coats Crossroads area includes the subject property Commissioner Stewart expressed concern that the area will develop in the same piecemeal way as the 312 interchange at I - 40 and Highway 42 Further , he favored ½ to 1 mile of commercial development from the mid - point of the IHID , and keeping the dwellings on the fringes of the district Commissioner Mims recalled that a few years ago staff held a community meeting in the area , and residents said they did not want high density subdivisions He suggested the Commissioners review those notes , and also obtain current growth information from Planning staff Public Utilities Director Tim Broome noted the subject property is 1 ½ miles from the Interstate Highway Interchange District IHID at I - 40 and Highway 210 ; this area is approved for sewer service In response to questions from Commissioner Mims , Mr Broome stated the infrastructure is in place to provide sewer service to the existing IHID , and the anticipated commercial growth within the IHID and at McGee’s Crossroads Without putting into place additional infrastructure , he estimated the availability of sewer capacity for approximately 500 lots If an Outlying Residential Sewer Service Area ORSSA is created to include from Coats Crossroads west to Old Fairground Road and equal distances north and south of McGee’s Crossroads on Highway 50 , the County would need to parallel the existing sewer line to Smithfield , or run a new line to Benson Mr Broome stated that from the business standpoint of utilities if the Board allows Denmark Construction to tap into the pump station , this will generate revenue without having to replicate infrastructure He noted that staff looks at the request as a planning issue , and will make the County’s plan work if the Board feels that it is in the best interest of the County to have residential sewer service in the area Mr Broome asked that if the Board considers allowing any residential sewer service , to look at the overall area comprehensively PagePage pageNumber6655 October 2 , 2006 – 1 00 pm Continued Following further discussion , Commissioner Mims stated that he would like to know what the developer is willing to do in regards to traffic roadway improvements , school expansion , etc He stressed that a development of this magnitude will bring a lot of new residents , which will increase the County’s demand for services Attorney Lew Starling , representing Mr McLamb , responded that they would work with Denmark Properties to provide more information in regards to the project Commissioner Stewart commented the Board will not change the present Residential Sewer Service Policy without input from citizens in the area Further , he encouraged fellow Commissioners to consider whether a change in the policy could prevent a recurrence of the problems that occurred at the 312 interchange Chairman Pope suggested the Board table the item to allow for further review It was the consensus of th the Board to table the item until the November 6 1 00 pm Board meeting 9 Adoption of Uniform Policy and Schedule for the O’Neals Water District 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 O’Neals Water District Board Chairman Pope introduced the following Resolution , the title of which was read RESOLUTION PROVIDING FOR ADOPTION OF UNIFORM POLICY AND SCHEDULE FOR THE O’NEALS WATER DISTRICT WHEREAS , The Board of Commissioners of Johnston County has adopted uniform policies and fee schedules for customers of all water districts within Johnston County , as well as all retail water service areas of Johnston County the “ Uniform Policy ” ; and WHEREAS , The Board of Commissioners of Johnston County acting as the governing body the “ Board ” of the O’Neals Water District “ the District ” has expressed its desire to adopt the Uniform Policy for the District , together with any and all existing and future amendments thereto ; and WHEREAS , The Board desires to adopt a regular meeting schedule for the District ; BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY ACTING AS THE GOVERNING BODY OF THE O’NEALS WATER DISTRICT 1 The District hereby adopts the Uniform Policy for the District 2 The District hereby approves and adopts any amendments to the Uniform Policy , including all rules and regulations , adopted in the future by the Johnston County Board of Commissioners which are designated to be a part of the Uniform Policy for all water districts within the County , and agrees that such amendments will apply within the District as if specifically approved and adopted by the Board of Commissioners of Johnston County sitting as the governing body of the District 3 The District hereby declares that regular meetings of the Board of Commissioners of the District shall take place at the same time and on the same dates as the regularly scheduled meetings of the Board of Commissioners of Johnston County 4 The County Manager of Johnston County is authorized to receive bids , process invoices and payment requests for construction projects in the District , and to execute and deliver other documents and instruments on behalf of the District 5 This resolution shall take effect immediately Commissioner W Ray Woodall moved the Board adopt the Resolution Providing for Adoption of the Uniform Policy and Schedule for the O’Neals Water District Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board adjourned as the O’Neals Water District Board and regular session was resumed 10 Bulk Water Supply Agreement with Harnett CountyPagePage pageNumber7656 October 2 , 2006 – 1 00 pm Continued Public Utilities Director Tim Broome requested the Board approve an agreement for the purchase of bulk water supply from Harnett County He noted the additional water supply would bridge the gap between when the County uses up its capacity , and when the new water plant is built in Princeton The agreement covers the supply of up to 20 mgd with a minimum purchase requirement increasing from 05 mgd to 10 mgd over five years Mr Broome explained the purchase price will be the prorated actual cost of construction of the Harnett County water plant expansion The estimated cost at this time is 200 per gpd or 4,000,000 total Payments will be due and payable as construction progresses , which is expected to be over the period of late spring 2007 through the summer of 2008 Commissioner Wade M Stewart moved the Board approve the following agreement for the purchase of bulk water supply from Harnett County Commissioner Tony Braswell seconded the motion , which carried by unanimous vote BULK WATER SUPPLY AGREEMENT BETWEEN JOHNSTON & HARNETT COUNTIES THIS AGREEMENT is made and entered into this the _______ day of October , 2006 , by and between the County of Harnett , a body politic , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Harnett County ” and Johnston County , a body politic organized and existing under the laws of the State of North Carolina hereinafter referred to as “ Johnston County ” WITNESSETH WHEREAS , Harnett County operates and manages water supply and water distribution facilities and systems located within its boundaries , and has established a Department of Public Utilities for the purpose of operating and managing the facilities and systems ; and WHEREAS , Johnston County operates and manages water supply and water distribution facilities and systems located within its boundaries , and has established a Department of Public Utilities for the purpose of operating and managing the facilities and systems ; and WHEREAS , Johnston County desires to acquire a supplemental supply of potable water from Harnett County ; and WHEREAS , the parties recognize that water and its treatment is an important issue concerning long term environmental soundness and that there exists a limited and finite capacity to supply , treat and distribute potable water ; and WHEREAS , to provide the best long term approach to ensure environmental soundness , Harnett County has developed the Harnett County Regional Water Initiative which offers a regional approach to supplying and distributing potable water and is designing , acquiring , constructing , operating and managing facilities for water supply , treatment and distribution on a regional basis ; and WHEREAS , Johnston County recognizes that a regional approach to supplying and distributing potable water provides the benefits of environmental soundness and benefits Johnston County by increasing its capacity to serve its citizens resulting in increased growth and economic activity ; and WHEREAS , Johnston County desires to join the Harnett County Regional Water Initiative ; and WHEREAS , in order to transport said supply of potable water to Johnston County , it is necessary for the potable water to be transmitted through Harnett County and through existing water lines and future water lines to be constructed and owned by Harnett County ; and WHEREAS , Harnett County and Johnston County have reached an agreement for providing and maintaining water supply and transmission facilities and the purchase of potable water described herein and the parties desire to set forth the terms and conditions of this agreement NOW , THEREFORE , in consideration of the mutual benefits , representations , and Agreements contained herein and for good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the parties agree , each with the other , as follows I Purpose The Purpose of this agreement is to set forth the understandings and agreements of the parties regarding a the allocation of capacity in the upgraded Harnett County Regional Water Treatment Facility , Harnett County pumping facilities , and Harnett County water transmission facilities ; and b the purchase of potable water by Johnston County from Harnett County , and c the costs of The Project , including but not limited to legal , engineering , land acquisition , design , and construction costs and other related matters II Harnett County is to Design and Construct The Project Harnett County shall cause its water supply and transmission system to be upgraded , expanded and or enlarged so as to enable a quantity of water in the total amount of two million 2,000,000 gallons per day to be transported in varying increments to four 4 separate points of delivery at a reasonable constant pressure calculated at approximately fifty 50 pounds per square inch from Harnett’s respective supply mains and quality shall meet state and federal regulations The points of delivery shall be at meter facilities designed and constructed by Harnett County pursuant to this Agreement located as close as reasonable and practical to the Harnett County - Johnston County line as described hereafter and as shown on Exhibit A attached hereto and incorporated as if fully set forth herein The points of delivery shall include Earliest Date Avg Supply of Supply Location Allocation AvailabilityPagePage pageNumber8657 October 2 , 2006 – 1 00 pm Continued a NC27 0600 mgd Sept 2006 b Benson - Hardee Road 0200 mgd Jan 2007 c Aquilla Road 0200 mgd Jan 2008 d NC210 1000 mgd Jan 2011 Maximum short - term withdrawal shall not exceed 125 of daily average supply allocation III Expansion Requirements Determined The extent of the necessary upgrading , expansion and or enlargement of the facilities of Harnett County for The Project shall be made by Harnett County in consultation with consulting engineers employed by Harnett County for the purpose of designing its system and facilities IV Payment of Capital Costs of The Project Harnett County agrees to pay the costs of The Project in Harnett County , including but not limited to legal , engineering , land acquisition , design and construction costs and other related matters for all aspects of The Project located within Harnett County V Pumping Costs Johnston County agrees to pay to Harnett County for and during the term of Johnston County’s agreement with Harnett County relating to water sales the electrical costs of pumping water through the system of Harnett County Said cost shall be billed monthly to Johnston County by Harnett County and shall be expressed in terms of Kilowatt hours used in supplying electric power for said pumping , multiplied by the unit cost of the same to Harnett County Payment for said costs shall be due within fifteen 15 days after the same is billed VI Conveyance of Water Supply Capacity Johnston County may not convey to another water purveyor outside Johnston County any part of its allocation of water supply capacity without the express , written authority of Harnett County Said authority shall not be unreasonably withheld VII Allocation of Capacity in the Harnett County Regional Water Treatment Facility Johnston County shall be allocated two million gallons per day 2MGD in the upgraded Harnett County Regional Water Treatment Facility The cost of the portion of the expansion of the current Regional Water Treatment Facility which is to be allocated exclusively to Johnston County shall be paid by Johnston County to Harnett County as set forth herein Such costs shall include reasonable administrative costs of Harnett County , costs of engineering and design , construction , and attorneys ’ fees The capacity charge for the 200 mgd allocation is estimated not to exceed 4,000,00000 Such amount of the costs of the expansion to be paid by Johnston County shall be due and payable to Harnett County as follows a Ten percent 10 thereof shall be due and payable within twenty 20 days after the award of the construction contract for construction of the Harnett Regional Water Treatment Plant expansion b Thereafter , Johnston County shall pay its proportionate share of each invoice within twenty 20 days after the date Harnett County sends notice of the invoice to Johnston County , until such time as Johnston County has paid its total proportionate share of the costs of expansion VIII Ownership of Regional Water Treatment Facility It is understood that Harnett County shall own and operate the regional water treatment facility and any expansions , upgrades , enlargements , or additions to the facility and Johnston County shall have no right , title or interest in or to the facility , except as to the rights to allocated capacity in the water plant , the water lines , and pumping facilities as set forth in this Agreement IX Quality of Design and Construction The water supply infrastructure and facilities described in this Agreement shall be designed by a duly licensed engineer All construction provided herein shall be performed by licensed and qualified utility contractors in accordance with the plans and specifications and in a good and workmanlike manner X Purchase of Potable Water by Johnston County from Harnett County Harnett County agrees to sell and Johnston County agrees to purchase , during the term of this Agreement or any renewal or extension thereof , potable treated water meeting applicable purity standards of the Division of Health services , Department of Environmental Natural Resources of the state of North Carolina , in such quantities as may be required by Johnston County , but in no event shall said quantities be less than the following daily volumes a One 1 year following final completion of project construction – 0500 mgd ; and b Two 2 years following final completion of project construction – 0600 mgd ; and c Three 3 years following final completion of project construction – 0700 mgd ; and d Four 4 years following final completion of project construction – 0800 mgd ; and e Five 5 years following final completion of project construction – 100 mgd Johnston County agrees to pay commodity charges for the minimum daily amounts , above , in event daily withdrawals are lower on a monthly average basis Harnett County’s respective supply mains and quality shall meet state and federal regulations XI Revenues Upon completion of the connecting mains and metering stations to be constructed as a portion of The Project located at the Harnett Johnston line as shown in Exhibit A attached hereto and incorporated by reference as if fully set forth herein , Harnett County shall collect revenues and charges from and relating to the bulk sale of potable water from Johnston County in accordance with minimum usage and time frames as noted in Section X herein above XII Delivery and Billing for Service 1 All water furnished under this Agreement shall be metered at the metering points as designated at Exhibit A herein and said metering points shall be constructed , maintained , and replaced when needed by Harnett County Harnett County shall perform calibration testing from time to time and provide the results to Johnston County within ten 10 days of receiving testing results Harnett County shall provide Johnston County complete access to the metering points , including the right to install supervisory control and data acquisition equipment at each metering station 2 The meters serving Johnston County shall be read by Harnett County on a monthly basis 3 If Harnett County is unable to read meter s for any reason , the use may be estimated by Harnett County on the basis of usage by Johnston County during the preceding billing period for which readings were obtained Bills rendered on the basis of such estimates shall be as valid as if made from actual meter readings , and appropriate adjustment of Johnston County’s bill shall be madePagePage pageNumber9658 October 2 , 2006 – 1 00 pm Continued at the first actual reading of the meter subsequent to the date Harnett County estimated Johnston County’s usage 4 The term “ month ” or “ monthly ” refers to the interval s transpiring between the previous meter reading date and the current meter reading date , and bills shall be rendered accordingly 5 Harnett County’s monthly bills for water services shall be rendered to Johnston County as computed by multiplying the flow of water by Johnston County expressed in thousand K gallons , by the rate per thousand K gallons The rate per thousand K gallons is the generally applicable aggregate bulk rate as subject to and governed by the Ordinances adopted by Harnett County for its Public Utilities Department and all fees , charges and or costs related to the same are controlled thereby and subject to change Said rates are determined on an annual basis by the Harnett County Board of Commissioners Harnett County shall charge Johnston County the same unit rate for water supply as all other Harnett County bulk customers The current applicable bulk rate for water is 145 per thousand gallons of water used per month th 6 All billings shall be made by Harnett County by the tenth 10 day of each month and paid by Harnett County within thirty 30 days of the billing date A late payment charge of one percent 1 per month shall be applicable to all bills rendered by Harnett County for all amounts not paid within thirty 30 days of the billing date Should Johnston County fail to pay the monthly water bills when due and payable , Harnett County may suspend water services , provided that Harnett County shall give Johnston County written notice of intent to suspend services delivered to Johnston County by hand or certified mail , return receipt requested to the designated parties as set forth in Paragraph XXV of this Agreement , and shall allow Johnston County thirty 30 days from the date of such notice to make payment XIII Other Service Harnett County may allow other users to be served by the water production and distribution facilities described in this Agreement provided that it does not materially impair Harnett County’s ability to serve Johnston County XIV Connection and Water Transportation Harnett County shall have , without charge , the right to connect , interconnect and transport through the water production and distribution systems as described in this Agreement with any other water production and distribution system it desires provided that it does not materially impair Harnett County’s ability to serve Johnston County XV Connections Approved Any bulk supply connection by Johnston County made to Harnett County’s Water Production and Distribution System s shall be approved by Harnett County and or its Department of Public Utilities prior to such connection XVI Continuance of Service Harnett County shall use reasonable diligence to provide uninterrupted water production and distribution services to Johnston County Harnett County shall not be liable to Johnston County or any consumer purchasing service through Johnston County for damage s for failure in , temporary interruptions to , or temporary suspension of water production or distribution service , so long as such failure , interruption or suspension is not caused by willful conduct on the part of Harnett County Harnett County reserves the right to suspend service , without liability on its part , at such time and for such period and in such manner as it may deem necessary for the purpose of making adjustments to , changes in , or repairs to the infrastructure and facilities for which it is responsible , provided that Harnett County shall make reasonable efforts to minimize any suspension of service Harnett County guarantees that Johnston County will be given the same priority for service as all other bulk rate customers XVII Waiver and Indemnity a To the fullest extent allowed by law , Harnett County assumes responsibility for and shall hold harmless , defend and indemnify Johnston County against all liability , claims , judgments , losses , costs , and expenses including reasonable attorneys fees , for any injury , loss , or damage to persons or property including fines by any Federal or State agency and also including personal injury or property damage on account of , or in any way arising out of , the design , construction , maintenance and operation of water utility infrastructure owned by Harnett County Harnett County explicitly disclaims and excludes any warranties under the Uniform Commercial Code , or any other law , including , but not limited to , an implied warranty of fitness for a particular purpose or an implied warranty of merchantability 2 To the fullest extent allowed by law , Johnston County assumes responsibility for and shall hold harmless , defend and indemnify Harnett County against all liability , claims , judgments , losses , costs , and expenses including reasonable attorneys fees for any and all injury , loss , or damage to persons or property , including fines by any Federal or State agency , and also including personal injury or property damage to Harnett County , its employees , customers , tenants , and citizens on account of , or in any way arising out of the design , construction , maintenance and operation of water utility infrastructure owned by Johnston County 3 Neither party shall be responsible to indemnify the other against bodily injury or property damage to the extent that such damages are caused by the negligence of the other Each party shall notify the other in writing of any claim for indemnification hereunder , and shall describe in such notice the nature and cause of the claim The party against whom the claim is asserted shall be allowed a reasonable time and opportunity to cure , mitigate , defend and otherwise address the claim XVIII Transfer or Assignment The covenants and agreements contained in this Agreement are specifically binding on the parties hereto , and the covenants and agreements contained in this Agreement and the commitment by Harnett County to provide services to Johnston County is limited to Johnston County and may not be transferred orPage0659 October 2 , 2006 – 1 00 pm Continued assigned to any other party or parties without the express written consent of Harnett County , which consent shall not be unreasonably withheld XIX Mediation Any claim , dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party The Parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions , and NGGS Sect 7A - 381 c except as specifically provided otherwise herein The parties shall share the mediator’s fee and any filing fees equally The mediation shall be held in Harnett County , unless another location is mutually agreed upon Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof XX Governing Law This Agreement shall be governed by the laws of the State of North Carolina XXI Entire Agreement This Agreement represents the entire and integrated agreement between Harnett County and Johnston County and supersedes all prior negotiations , representations or agreements , either written or oral This Agreement may only be amended by written instrument signed by Harnett County and Johnston County XXII No Third Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against Harnett County or Johnston County XXIII Severance Clause In the event any provision of this Agreement is adjudged to be not enforceable or found invalid , such provision shall be stricken and the remaining provisions shall be valid and enforceable XXIV Term of Agreement The term of this Agreement shall be for a term of fifty 50 years , and thereafter may be renewed or extended for such additional term or terms as may be agreed upon by Harnett County and Johnston County Harnett County , in addition to all other legal remedies may either terminate this Agreement or suspend delivery of potable water to Johnston County for any material default or breach of this Agreement by Johnston County , any fraudulent or unauthorized use of Harnett County’s water and waste water infrastructure in such a manner as to circumvent Harnett County’s metering service by Johnston County or failure to pay monthly bills when due and payable as provided in this Agreement Harnett County shall provide to Johnston County written notice of any proposed termination and the cause thereof and Johnston County shall have sixty 60 days from the receipt of such notice cure the alleged breach XXV Notices All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received a when hand delivered to the address stated below , b three 3 days after being mailed to the address stated below , postage prepaid by certified or registered mail of the United States , return receipt requested to the address set forth below TO County of Johnston PO Box 1049 Smithfield , NC 27577 Attn County Manager TO County of Harnett 308 West Duncan Street Lillington , North Carolina 27546 Attn County Director of Public Utilities With copy to County of Harnett Post Office Box 778 Lillington , North Carolina 27546 Attn County Staff Attorney Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other 11 Tax Releases & Refunds – 8 16 06 - 9 15 06 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following tax releases and refunds for the period 8 16 06 to 9 15 06 Release Refund Report For Period 08 16 2006 thru 09 15 2006 Year Bill # Acct # Name Tran Type Paid 2004 0506 - 338515 0503 - 378240 POOLEY , MATTHEW RICHARD Overpayment 11001 2006 0607 - 495412 0604 - 552360 SABUCCO , FLAVIANO GALDINO Release 20833 2005 0604 - 456336 0601 - 514155 PHELPS , MATTHEW LEE Tag Surrender 12068 2005 0606 - 480614 0603 - 541583 NICKLSON , PHEOBE DIANA Release 18941 2005 0604 - 450541 0601 - 514722 MESSER , MICKEY STEWART Overpayment 12591 2005 0605 - 475630 0602 - 528985 WARREN , RAYMOND LEON Overpayment 34814 2006 0608 - 505199 0605 - 567193 MORGAN , LEROY Release 13608 2006 0608 - 512714 0605 - 568428 WOODLEY , FRANKLIN OGBURN Release 40716 2006 0607 - 494855 0604 - 554925 TASKER , III , DONALD CLAUDE Release 52147 2006 0608 - 512585 0605 - 565819 UNLIMITED BENEFITS INC Release 32319 2005 0509 - 379840 0506 - 419077 WHACK , DANIELLE YVETTE Release 27035 2005 0606 - 484645 0603 - 541997 FINCH , KENNETH SCOTT Release 22283 2006 0608 - 504194 0605 - 561306 ELLIOTT , CATHERINE HUNT Release 14079 Page1660 October 2 , 2006 – 1 00 pm Continued 2001 0111 - 870698 0108 - 122221 BOARDMAN , NOAH LEE Release 12672 2006 0608 - 504126 0605 - 565635 DOXBECK , JR , VINCENT MICHAEL Release 12438 2006 0607 - 501295 0604 - 556227 DWANE STEEL ERECTIONS INC Overpayment 21660 2006 0608 - 507828 0605 - 560740 CAULEY , ANTHONY RAYMIE Release 18933 2004 0410 - 246366 0407 - 287284 BROWN , SONYA EVONNIE Release 20719 2006 0608 - 504399 0605 - 567508 GREER , PAUL DOUGLAS Release 33698 2006 0608 - 512426 0605 - 564328 SMITHFIELD FINANCIAL SERVICES INC Release 12595 2006 0608 - 506643 0605 - 568217 KARBER , JAMES CHARLES Release 17976 2006 0608 - 510290 0605 - 561175 GREENE , JENNIFER LYNN Release 12968 2006 0608 - 503967 0605 - 569200 COULL , SONJA SCHANCK Release 18420 1997 9711 - 400227 9708 - 595810 SNEAD , WILLIE Release 16569 2006 0608 - 507630 0605 - 568552 WEBER , DEVIN JOHN Release 11645 2005 0606 - 488396 0603 - 540839 HOCUTT , DOROTHY CARROLL Release 20811 2006 0608 - 501932 0605 - 568875 SOUTHERN STATES CO - OP INC Release 86373 2005 0603 - 437981 0512 - 493174 MAASS , DANIEL DUANE Release 10285 2005 0604 - 453189 0601 - 510012 FEAGANS , JOHN ERIC Overpayment 21849 2006 0607 - 495783 0604 - 554765 FINANCIAL SERVICES VEHICLE TRUST Tag Surrender 16258 2005 0604 - 454779 0601 - 505676 SMITH , ARTHUR Overpayment 11684 2005 0605 - 466046 0602 - 527205 DAVIS , BRENDA FAYE Tag Surrender 11535 2006 0608 - 513069 0605 - 563924 BLAINE , DONALD KENT Release 10996 2006 0607 - 501532 0604 - 556689 PAINTER , VANESSA LYNN Release 12784 2005 0512 - 408171 0509 - 460890 RIDDLE , LYNN CHAMBERS Tag Surrender 12907 2005 0604 - 460323 0601 - 512014 GODWIN , ALVIN JEROME Overpayment 16958 2005 0605 - 468298 0602 - 523188 LIPSCOMB KINDERGARTEN & DAYCARE Overpayment 15004 2005 0604 - 454709 0601 - 516055 SAULS , LEIGHANN CRITZER Tag Surrender 10230 2005 0604 - 454527 0601 - 515720 PRICE , CHARLES EDWIN Overpayment 17255 2005 0605 - 473379 0602 - 517421 HALL , DAVID SHANNON Overpayment 11522 2005 0603 - 445251 0512 - 498758 STRICKLAND , VALERIA WILLIAMS Overpayment 18257 2006 0608 - 503883 0605 - 564144 CHILDRESS , REONARD Release 29393 2006 0608 - 503772 0605 - 565953 BURDICK , ROBERT DONALD Release 18331 2006 0608 - 505892 0605 - 560910 TALTON , JR , CHARLES EDDIE Release 10565 2005 0604 - 453519 0601 - 513663 HILL , CLARENCE RAY Overpayment 13548 2005 0603 - 449526 0512 - 493559 WHITING , MELISSA PITTMAN Tag Surrender 13477 2006 0608 - 512258 0605 - 566715 RABIL , MEREDITH ASHLEY Release 12380 2005 0606 - 479735 0603 - 538115 GOREMAN , SAMUEL LEONARD Overpayment 10073 2006 0608 - 504940 0605 - 570237 LITADA , JR , GUILLERMO Release 13175 2006 0608 - 506145 0605 - 569917 WILLIAMS , COLON HUNTER Release 31806 2005 0603 - 443499 0512 - 493718 NORMAN , CYNTHIA ANN Overpayment 22979 Real Personal Property Releases 8 16 2006 9 17 11 124 JAMES 2006 - 089413 2000118390 BEASLEY , TONY EUGENE 1,18197 8 16 2006 14 22 53 124 JAMES 2006 - 023573 2000104413 DURHAM , GREGORY KEITH 10374 8 16 2006 14 42 55 124 JAMES 2006 - 031200 2000105425 GUHA MEDICAL SVCS PA 15476 8 18 2006 8 20 18 124 JAMES 2006 - 014398 2000113044 CARRILLO , RIGO BERTO 58018 8 21 2006 10 27 39 105 SHEILA 2006 - 201172 24875740 DENNING , CHARLES E 28612 8 21 2006 10 30 28 105 SHEILA 2006 - 201173 24875740 DENNING , CHARLES E 28612 8 21 2006 10 35 47 105 SHEILA 2006 - 201174 24875740 DENNING , CHARLES E 28612 8 21 2006 10 37 13 105 SHEILA 2006 - 201175 24875740 DENNING , CHARLES E 29634 8 21 2006 10 47 38 105 SHEILA 2006 - 201176 2000118912 DENNING , CHARLES 19236 8 21 2006 10 49 06 105 SHEILA 2006 - 042719 2000111557 JONES , NICEY MAGDALENE 60062 8 21 2006 10 53 03 105 SHEILA 2006 - 072234 2000110591 SMITH , ANTHONY DEWAYNE 1,11099 8 21 2006 10 54 25 105 SHEILA 2006 - 201106 72750290 PRICE , HARVEY CLIFTON HEIR 1,75031 8 21 2006 10 55 14 105 SHEILA 2006 - 201107 72750290 PRICE , HARVEY CLIFTON HEIR 1,75031 8 21 2006 10 56 09 105 SHEILA 2006 - 201108 72750290 PRICE , HARVEY CLIFTON HEIR 1,75031 8 21 2006 10 57 02 105 SHEILA 2006 - 201109 2000121179 PRICE , DORIS S 1,79078 8 21 2006 11 02 40 105 SHEILA 2006 - 201114 72750291 PRICE , HARVEY CLIFTON HEIR 1,24029 8 21 2006 11 04 50 105 SHEILA 2006 - 201115 72750291 PRICE , HARVEY CLIFTON HEIR 1,24029 8 21 2006 11 05 36 105 SHEILA 2006 - 201116 72750291 PRICE , HARVEY CLIFTON HEIR 1,24029 8 21 2006 11 23 48 105 SHEILA 2006 - 201117 2000121179 PRICE , DORIS S 1,33117 8 21 2006 11 53 20 105 SHEILA 2006 - 201122 72561540 PRICE , CLIFTON HEIRS 78065 8 21 2006 12 01 18 105 SHEILA 2006 - 201123 72561540 PRICE , CLIFTON HEIRS 78065 8 21 2006 12 02 12 105 SHEILA 2006 - 201124 72561540 PRICE , CLIFTON HEIRS 78065 8 21 2006 14 19 26 105 SHEILA 2006 - 201125 2000121179 PRICE , DORIS S 79677 8 21 2006 14 20 27 105 SHEILA 2006 - 201126 72561540 PRICE , CLIFTON HEIRS 56477 8 21 2006 14 21 11 105 SHEILA 2006 - 201127 72561540 PRICE , CLIFTON HEIRS 56477 8 21 2006 14 22 03 105 SHEILA 2006 - 201128 72561540 PRICE , CLIFTON HEIRS 56477 8 21 2006 14 22 44 105 SHEILA 2006 - 201129 2000121179 PRICE , DORIS S 57822 8 21 2006 14 28 36 105 SHEILA 2006 - 201130 72736700 PRICE , H CLIFTON HEIRS 55344 8 21 2006 14 29 34 105 SHEILA 2006 - 201131 72736700 PRICE , H CLIFTON HEIRS 55344 8 21 2006 14 30 15 105 SHEILA 2006 - 201132 72736700 PRICE , H CLIFTON HEIRS 55344 8 21 2006 14 30 59 105 SHEILA 2006 - 201133 2000121179 PRICE , DORIS S 54333 8 21 2006 14 53 39 105 SHEILA 2006 - 005281 2000098884 BAREFOOT MEMORIAL CHURCH 85529 8 22 2006 10 01 48 105 SHEILA 2006 - 033266 2000114102 HAYNES , TERESA LORRAINE 82969 8 22 2006 10 14 13 124 JAMES 2004 - 202559 2000108017 LEE , MICHELLE MCINTIRE 11913 8 22 2006 10 14 45 124 JAMES 2005 - 046630 2000108017 LEE , MICHELLE MCINTIRE 11066 8 22 2006 10 16 00 124 JAMES 2006 - 047890 2000108017 LEE , MICHELLE MCINTIRE 10460 8 22 2006 11 30 54 105 SHEILA 2006 - 081222 2000116998 VANDERBEEK , CHRISTOPHER P 41935 8 22 2006 14 36 14 105 SHEILA 2006 - 201281 2000025996 GREENE , EUNICE LOVICK 58945 8 22 2006 15 19 41 124 JAMES 2006 - 201472 2000076435 DUNSTON , ANTHONY M 15402 8 22 2006 16 29 00 105 SHEILA 2006 - 075696 83620780 STEPHENSON , MARIE P MRS 81421 8 22 2006 16 30 19 105 SHEILA 2006 - 089486 2000118166 BLACKMON , LULA M 98618 8 23 2006 16 44 56 105 SHEILA 2003 - 070139 2000013931 STEPHENSON , BARBARA ANN 36181 8 23 2006 16 47 44 105 SHEILA 2004 - 071436 2000013931 STEPHENSON , BARBARA ANN 36181 8 23 2006 16 50 06 105 SHEILA 2005 - 073355 2000013931 STEPHENSON , BARBARA ANN 36181 8 23 2006 16 51 43 105 SHEILA 2006 - 075441 2000013931 STEPHENSON , BARBARA ANN 35781Page2661 October 2 , 2006 – 1 00 pm Continued 8 24 2006 9 19 48 105 SHEILA 2006 - 048166 2000110457 LEE , SYLVIA M 10201 8 25 2006 8 32 21 105 SHEILA 2006 - 000181 2000000004 ABU - SABA , CAMILLE 2,24625 8 25 2006 14 48 18 105 SHEILA 2006 - 023696 2000117812 E & F PROPERTIES INC 41526 8 25 2006 15 03 41 105 SHEILA 2006 - 075564 2000031496 STEPHENSON , JAMES E 1,74254 8 28 2006 15 02 04 105 SHEILA 2006 - 077528 2000077873 SWANSON , CHARLOTTE MARIE 45457 8 28 2006 16 24 07 105 SHEILA 2006 - 005068 2000079340 BARBOUR , NORWOOD B 76986 8 29 2006 14 23 00 124 JAMES 2005 - 033462 2000054464 HILL , ERICKA 11772 8 30 2006 12 41 18 124 JAMES 2003 - 001831 2000090759 AMERICAN TOWER MGMT INC 1,46896 8 30 2006 12 57 08 105 SHEILA 2006 - 039949 2000081867 JOHNSON , CASEY GLEN 45939 8 30 2006 15 52 27 105 SHEILA 2006 - 022902 2000059864 DREUSHA , LINDA 21031 8 30 2006 16 31 14 105 SHEILA 2006 - 042898 2000072890 JONES , THOMAS H 45700 8 31 2006 11 05 20 124 JAMES 2006 - 092585 2000066390 PRECISIONAIRE INC 11,58824 8 31 2006 13 47 00 121 CATHY 2006 - 201280 2000025996 GREENE , EUNICE LOVICK 56982 8 31 2006 14 23 31 124 JAMES 2006 - 032219 2000066400 HANSON AGGREG CAROLINA T A 1,36919 8 31 2006 15 51 37 105 SHEILA 2006 - 000964 2000009903 ALFORD , ESSIE JR 11279 9 1 2006 14 20 26 124 JAMES 2006 - 087872 2000074848 WOODARD , DERRICK HEIRS 12821 9 6 2006 16 34 45 105 SHEILA 2006 - 201551 2000079705 LAMM , MARJORIE B 23310 9 6 2006 16 36 53 105 SHEILA 2006 - 201550 2000079705 LAMM , MARJORIE B 23310 9 6 2006 16 38 09 105 SHEILA 2006 - 201549 2000079705 LAMM , MARJORIE B 23310 9 6 2006 16 39 24 105 SHEILA 2006 - 201548 2000079705 LAMM , MARJORIE B 23310 9 7 2006 7 57 27 124 JAMES 2006 - 079836 2000105411 TODD HUVARD & ASSOC INC 91345 9 7 2006 8 02 12 124 JAMES 2006 - 032817 2000025818 HARRIS , SHERI LYNN 15982 9 7 2006 9 46 29 105 SHEILA 2006 - 078608 2000087868 TEMPLE , JOYCE O 31381 9 7 2006 9 50 56 105 SHEILA 2006 - 021747 2000109520 DELORME , ALISON M 2,85242 9 7 2006 15 00 22 105 SHEILA 2006 - 082246 91246280 WALL , VELMA C 58921 9 12 2006 16 57 05 124 JAMES 2004 - 015605 2000092712 CHRISTENSEN , JAMES G 16386 9 12 2006 16 58 08 124 JAMES 2005 - 015599 2000092712 CHRISTENSEN , JAMES G 15392 9 12 2006 16 58 51 124 JAMES 2006 - 015823 2000092712 CHRISTENSEN , JAMES G 14352 9 13 2006 10 58 37 105 SHEILA 2006 - 089208 2000116520 ZIMMERMAN , PATRICIA A 20155 9 14 2006 9 44 11 124 JAMES 2003 - 086232 2000097568 CHAMBERLAIN , REGINA NICOLE 36253 9 14 2006 9 44 52 124 JAMES 2004 - 015167 2000097568 CHAMBERLAIN , REGINA NICOLE 39409 9 14 2006 9 48 12 124 JAMES 2003 - 086232 2000097568 CHAMBERLAIN , REGINA NICOLE 36253 9 14 2006 9 48 29 124 JAMES 2004 - 015167 2000097568 CHAMBERLAIN , REGINA NICOLE 39409 9 14 2006 9 55 51 124 JAMES 2003 - 086232 2000097568 CHAMBERLAIN , REGINA NICOLE 12238 9 14 2006 9 59 33 124 JAMES 2004 - 015167 2000097568 CHAMBERLAIN , REGINA NICOLE 13303 9 14 2006 15 16 08 124 JAMES 2006 - 013326 2000112792 C F M PROPERTIES LLC 2,58583 9 15 2006 8 45 53 105 SHEILA 2006 - 006765 2000047814 BATTEN , MAVIS 11676 9 15 2006 15 07 53 121 CATHY 2004 - 011225 13750060 BROCK , AMELIA GAY 49499 9 15 2006 15 10 44 121 CATHY 2005 - 011155 13750060 BROCK , AMELIA GAY 49499 9 15 2006 15 12 12 121 CATHY 2006 - 011222 13750060 BROCK , AMELIA GAY 49499 9 15 2006 15 19 02 121 CATHY 2005 - 089747 2000112792 C F M PROPERTIES LLC 1,60783 Real Personal Property Refunds 8 31 2006 13 48 22 121 CATHY 2006 - 201469 2000025996 GREENE , EUNICE LOVICK 27404 9 5 2006 10 07 18 189 TERI 2005 - 047262 2000001787 LEVICK , HAROLD R 33320 9 5 2006 10 39 58 189 TERI 2005 - 024910 2000061023 EVANS , ANDY RAY 13794 9 5 2006 16 19 13 121 CATHY 2006 - 008473 2000101659 BJ HOMES INC 14044 9 6 2006 9 23 15 121 CATHY 2006 - 090960 2000054190 ASHLEY TURNER ENTERPRISES 20025 9 8 2006 12 07 46 187 RENEE 2006 - 036903 2000117573 HORIZON PROPERTIES UNLIM 13421 9 11 2006 8 27 05 121 CATHY 2006 - 033317 2000101683 HEARTWOOD BUILDING CO 32054 9 11 2006 11 51 51 121 CATHY 2006 - 201253 42938360 JACKSON , ALLEN RANDOLPH 40329 9 11 2006 11 56 36 187 RENEE 2006 - 043515 49229020 KATH , MARK ANDREW 11156 9 15 2006 11 33 09 310 JENNIFER 2005 - 054202 61765040 MOORE , LINWOOD H 14686 12 Delinquent Tax Collection Report Tax Administrator Pat Goddard reported on the collection of delinquent taxes for the month of September , 2006 She noted that in addition to garnishments , and bank attachments , 14 foreclosure complaints were filed , and nine demand letters sent , resulting in a collection of 13,15771 As of September 29 , 2006 , the Tax Department has collected 1460 of the real and personal levy for 2006 , and 6138 of the motor vehicle levy Through the NC State Debt Setoff Program , seven accounts have been paid for a total of 86362 Ms th Goddard stated as of September 29 , the Tax Department wrote off the 1995 real estate bills in the amount of 5480 , and 1995 personal property bills in the amount of 2,04774 She noted a foreclosure sale was th scheduled for October 24 13 Manager Reports and Comments A Cleveland Township Malt Beverage Referendum Results County Manager Rick Hester noted the Cleveland Township Malt Beverage Beer Referendum held on September 19 , 2006 passed with 1,150 votes for 90 , and 131 votes against 10 B Decrease in Fire Inspection FeesPage3662 October 2 , 2006 – 1 00 pm Continued Mr Hester presented the following information to the Board , and requested they approve the recommended Fire Inspection Fee Schedule This would result in a decrease in fire inspection fees CURRENT FIRE INSPECTION FEE SCHEDULE Up to 3,000 square feet 40 3,001 to 5,000 square feet 75 5,001 to 10,000 square feet 125 10,001 to 25,000 square feet 375 25,001 to 50,000 square feet 500 50,001 to 100,000 square feet 625 100,001 square feet and above 750 RECOMMENDED FIRE INSPECTION FEE SCHEDULE Up to 5,000 square feet 40 5,001 to 10,000 square feet 90 10,001 to 25,000 square feet 125 25,001 to 50,000 square feet 250 50,001 to 100,000 square feet 375 100,000 square fee and above 500 Please note that the first category in the recommended schedule includes both the first and second categories of the current fee schedule Vote to Decrease Fire Inspection Fees Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved the revised Fire Inspection Fee Schedule , as presented by the County Manager C Approval to Move Ahead with Refinancing Project Mr Hester thanked Commissioner Jeffrey P Carver for working with staff on the refinancing of debt He noted that at this time the market appears favorable to move ahead with the refinancing project , approximately 13,400,000 in Installment Financing Agreements COPs - 1999 Series Mr Hester requested the Board’s approval of the project , and authorization for the Chairman , County Manager , and Clerk to execute all related documents Commissioner Allen L Mims , Jr moved the Board approve the refinancing project , and authorize the Chairman , County Manager , and Clerk to execute all related documents Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 14 Board Reports and Comments A Update on Roof Project at the Former Cooperative Extension Building At the request of Commissioner Wade M Stewart , Facilities Manager Jerry Burton updated the Board on the roof project at the former Cooperative Extension Building He noted there is water damage to several places in the existing roof , and stated the 200,000 allocation , which was approved by the Board during budget amendments , will be used to put a low slope metal roof on the building B Private Company Increases Garbage Collection Fees Commissioner Allen L Mims , Jr pointed out the County has not raised landfill tipping fees , however , he noticed that Waste Management recently increased their garbage collection fees Page4663 October 2 , 2006 – 1 00 pm Continued C State Issues Facing Local Government Commissioner W Ray Woodall requested fellow Commissioners stay on top of the issues facing local government in regards to unfunded mandates coming from the state level D “ Welcome Stranger ” Tax Practice In response to a question from Commissioner DeVan Barbour regarding the “ Welcome Stranger ” practice used by other states , Tax Administrator Pat Goddard informed the Board that the State legislature would have to make this effective for all 100 counties th E Follow - Up from September 11 Joint Meeting Commissioner Tony Braswell asked for an update from the Finance Committee regarding the discussions which began at the joint meeting with the Community College and Board of Education on th September 11 County Manager Rick Hester noted that the Finance Committee had been working on the matter , and would need to make a formal presentation to the Board by the December Board meeting , in order to have a Bond Referendum in May 2007 15 Closed Session – 14331811 a 4 Location Expansion of Industry Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS § 143 - 31811 a 4 - Location Expansion of Industry No action was taken Commissioner Tony Braswell moved the Board adjourn closed session and resume regular session Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage