December 5, 2005 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 336 Meeting of the Johnston County Board of Commissioners December 5 , 2005 The Johnston County Board of Commissioners met in regular session Monday , December 5 , 2005 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 , April N Byrd , Clerk to the Board , John R Massey , Finance Officer , 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 Tony Braswell and carried by unanimous vote , the Board approved the minutes of the November 7 , 14 board meetings as presented 2 Organization of the Board County Manager Rick Hester called for nominations for Chairman of the Board Commissioner Wade M Stewart 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 W Ray Woodall 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 3 Pledge of Allegiance and Opening Prayer Commissioner Allen L Mims , Jr led the Commissioners and those in attendance in the pledge of allegiance to the American flag Commissioner W Ray Woodall opened the meeting with a prayer 4 Recognition of Communications Director Chairman Cookie Pope presented a plaque to Jason Barbour for being named “ Communications Center Director of the Year ” in North Carolina 5 Resolution Supporting Suspension of the State Increase on Gas Tax Matt Dean , Vice Chairman of the Johnston County Young Republicans , requested the Board adopt a resolution supporting the suspension of the state increase on gas tax He noted that North Carolina’s gas tax is the highest in the southeast at 271 cents per gallon , with a proposed increase of another three to five cents per gallon effective January 1 , 2006 Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adopted the following resolution in support of the suspension of the state increase on gas tax Resolution in Support of Suspension of the State Increase on Gas Tax Whereas , the Johnston County Young Republicans are asking that the state increase on the gas tax be suspended ; and Whereas , Johnston County encompasses Interstate 95 ; and Whereas , the local businesses depend on traffic from Interstate 95 to support them ; and Whereas , if the state gas tax were to be suspended , this would allow local businesses to offer lower gas prices , which would bring more business to their stores ; and Whereas , we are approaching the Christmas season , many people will be traveling , allowing an opportunity for Johnston County local businesses to have greater traffic volume in their stores Page337 Meeting of the Johnston County Board of Commissioners Now , therefore , this 5th day of December , in the Year Two Thousand and Five , the Johnston County Young Republicans extend sincere and warmest regards to the Johnston County Commissioners , and request the Commissioners join them in supporting the suspension of the state increase on gas tax 6 Public Comments A Citizen Request Regarding Land Development Code Richard “ Dan ” Rockett , 115 Driver Road , Middlesex , stated , in his opinion , there were discrepancies among enforcement of the Land Development Code , and requested the Board look into the matter Further , Mr Rockett addressed the Board in regards to an upcoming requested rezoning and special use application of his property , and invited the Commissioners to visit the site 7 Adoption of Schedule of Regular Board Meetings 2006 Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved the following schedule of meetings for 2006 JOHNSTON COUNTY BOARD OF COMMISSIONERS SCHEDULE OF REGULAR BOARD MEETINGS 2006 Meeting Place - Johnston County Courthouse Annex Commissioners Room , Smithfield , North Carolina January Tuesday , January 3 , 2006 – 1 00 pm Tuesday , January 3 , 2006 - 6 00 pm February Monday , February 6 , 2006 - 1 00 pm Monday , February 6 , 2006 - 6 00 pm March Monday , March 6 , 2006 - 1 00 pm Monday , March 6 , 2006 - 6 00 pm April Monday , April 3 , 2006 - 1 00 pm Monday , April 3 , 2006 - 6 00 pm May Monday , May 1 , 2006 - 1 00 pm Monday , May 1 , 2006 - 6 00 pm June Monday , June 5 , 2006 - 1 00 pm Monday , June 5 , 2006 - 6 00 pm July Monday , July 10 , 2006 - 1 00 pm Monday , July 10 , 2006 – 6 00 pm August Monday , August 7 , 2006 - 1 00 pm Monday , August 7 , 2006 - 6 00 pm September Tuesday , September 5 , 2006 - 1 00 pm Tuesday , September 5 , 2006 - 6 00 pm October Monday , October 2 , 2006 - 1 00 pm Monday , October 2 , 2006 - 6 00 pm November Monday , November 6 , 2006 - 1 00 pm Monday , November 6 , 2006 - 6 00 pm December Monday , December 4 , 2006 - 1 00 pm Monday , December 4 , 2006 - 6 00 pm 8 Approval of Public Officials Bonds for the County 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 public official bonds for County employees Page338 Meeting of the Johnston County Board of Commissioners Public Officials Bonds for the County of Johnston Tax Administrator , Pat Goddard 50,000 Social Services Director , Earl Marett 5,000 Sheriff , Steve Bizzell 5,000 Register of Deeds , Craig Olive 10,000 BLANKET BOND - ALL EMPLOYEES 50,000 County Manager , Rick J Hester 100,000 Clerk to the Board , April Byrd 100,000 Finance Officer , John R Massey 100,000 Assistant Finance Officer , Tyson Radford 100,000 Economic Development Director , Michael de Sherbinin 100,000 9 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 Horatio Court , Nelson Court , Reedy Hills Subdivision – Phase Two – Wilson Mills Township Commissioner Allen L Mims , Jr moved the Board concur with the NC Department of Transportation’s request to add the above listed roads to the State Maintained System Commissioner W Ray Woodall seconded the motion which carried by unanimous vote 10 Department of Transportation - Abandonment to System The Board reviewed a petition presented by the North Carolina Department of Transportation requesting portions of SR 1631 and SR 1640 , in the Pleasant Grove Township , be abandoned from the State Secondary System for maintenance Tim Little , NC DOT District Engineer , stated the developer requested the abandonments in order to place cul - de - sacs at the ends Commissioner W Ray Woodall moved the Board concur with the NC Department of Transportation’s request to abandon portions of SR 1631 and SR 1640 from the State Maintained System Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote 11 Department of Transportation – Abandonment & Addition to System The Board reviewed a petition presented by the North Carolina Department of Transportation requesting a portion of SR 1524 Old Drug Store Road , in the Cleveland Township , be abandoned and a new portion be added to the Secondary Road System for maintenance Tim Little , NC DOT District Engineer , stated the abandonment and addition of a new portion to the system is part of a safety improvement project to improve the intersection of NC 42 and SR 1524 Commissioner Allen L Mims , Jr moved the Board concur with the NC Department of Transportation’s request to abandon a portion and add a new portion of SR 1524 Old Drug Store Road to the State Maintained System Commissioner Wade M Stewart seconded the motion which carried by unanimous vote 12 Proclamation – Military Personnel and Families Appreciation Day th Veterans Services Officer Ricky Byrd requested the board adopt a proclamation declaring December 7 Military Personnel and Families Appreciation Day in Johnston County Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell and th carried by unanimous vote , the Board adopted the following proclamation declaring December 7 Military Personnel and Families Appreciation Day in Johnston County Page339 Meeting of the Johnston County Board of Commissioners Proclamation by the Johnston County Board of County Commissioners Military Personnel and Families Appreciation Day in Johnston County Pearl Harbor Remembrance Day December 7 , 2005 Whereas , our country’s security depends on the readiness and retention of the men and women of the United States armed forces , a total force comprised of active , national guard , and reserve personnel ; and , Whereas , our military personnel , their families and loved ones face unique and pressing challenges through every stage of the deployment cycle ; and , Whereas , those challenges should be met with support and recognition from their civilian communities ; Now therefore be it proclaimed , by the Commissioners of Johnston County , North Carolina , in conjunction with the Citizen Soldier Support Program , that Wednesday , December 7 , 2005 is hereby declared Military Family Appreciation Day in the County of Johnston , and Be it further declared , that the County of Johnston urges all citizens to recognize and appreciate the extraordinary sacrifices made by both our military and the families they leave behind Their selfless service ensures our freedom and preserves our quality of life 13 Emergency Services – Revised Hazardous Material Fee Schedule Emergency Services Director Dewayne West stated in 1990 the Board approved an ordinance allowing fire departments to charge companies for hazardous materials incidents occurring within the county The fee is intended to recoup cost for equipment , materials and paid personnel associated with hazardous material response He presented a revised fee schedule , and requested the Board’s approval Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved the following revised Hazardous Material Fee Schedule Hazmat Emergency Response Charges Engine or Tanker 250 per hr Heavy Rescue 250 per hr Aerial Device 350 per hr Support Vehicles Brush Truck , etc 125 per hr Ambulance 200 per hr Emergency Management 45 per hr All responding personnel 15 X hourly rate Materials used Replacement cost + 10 Materials damages Replacement cost + 10 Mileage Current Federal Rate 14 Juvenile Crime Prevention Council – State of the Youth in Johnston County Judge Addie M Harris Rawls , Chairperson for the Juvenile Crime Prevention Council updated the Board on the state of the youth in Johnston County She thanked the Commissioners for their support , and highlighted several successful programs in the county Judge Rawls noted that unfortunately the gang problem is on the rise among Johnston County youth She concluded with a power - point presentation outlining the Juvenile Crime Prevention programs in the county On behalf of the Board , Chairman Pope applauded Judge Rawls and her staff for their commitment to Johnston County’s youth 15 Council on Aging – Request for County Assistance Donna Creech , Executive Director of Johnston County Council on Aging , requested the Board commit to a match in the amount of 59,665 to the NC DOT Community Transportation Program grant for FY 06 - 07 She stated the plans are to use the State grant and County match to replace four vehicles and update radios in all the vehicles In response to a question from Commissioner Jeffrey P Carver , County Manager Rick Hester stated the County match for FY 04 - 05 was 57,000 , and for FY 05 - 06 was 29,000 PagePage pageNumber5340 Meeting of the Johnston County Board of Commissioners Commissioner Tony Braswell moved the Board commit to a match in the amount of 59,665 to the NC DOT Community Transportation Program grant for FY 06 - 07 Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 16 Town of Clayton – Ratification of Annexation Agreement Steve Biggs , Town Manager of Clayton , requested the Board ratify an annexation agreement , adopted by both the Town of Clayton and Wilson Mills , allowing Clayton to annex a tract of land The tract is contiguous with Clayton’s existing satellite of Glen Laurel , however closer to the corporate limits of Wilson Mills Since the tract is more than three miles from Clayton , ratification by the Board is needed to complete the annexation process Commissioner Jeffrey P Carver moved the Board ratify an annexation agreement , adopted by both the Town of Clayton and Wilson Mills , allowing Clayton to annex a tract of land , NC Pin 1688 - 46 - 8646 Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 17 Budget Amendments Following discussion , Commissioner W Ray Woodall moved the Board approve the following budget amendments Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 5920 - 3300 Departmental Supplies 41000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 5920 - 34153 Chicopee Inc 41000 Register of Deeds FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 48004500 Contract Services 80,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 480033990 Fund Balance Appropriated Auto Enhancement 80,00000 Public Utilities - Wastewater FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 68 79207400 Capital Outlay 80,00000 68 79209023 Transfer to Other Funds 90,00000 TOTAL NET EXPENDITURES 10,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 68 792033990 Fund Balance Appropriated 10,00000 10,00000 TOTAL NET REVENUE Sheriff FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51304900 Other Fixed Charges 2,06300 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513034162 Restitution Revenue 2,06300PagePage pageNumber6341 Meeting of the Johnston County Board of Commissioners FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51303100 Fuels 2,15100 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513034102 State Juvenile Restitution 2,15100 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 52000411 Professional Services – Hospital 6,45071 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 520033099 Miscellaneous Revenue 6,45071 Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61354655 WF Transportation DOT Funds 26500 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 26500 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304586 Smart Start Day Care 158,39000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 613034119 Child Day Care Revenue 158,39000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101911 CP & L Project Share Energy Neighbor Fund 3,70900 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 3,70900 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61550200 Salaries & Wages 27,00000 10 61550501 Social Security 1,44600 10 61550600 Health Insurance 4,08000 10 61550610 Life Insurance 14800 10 61550620 125 Admin Fee 8600 10 61550700 Retirement 2,24000 10 61550701 401 - K 1,90000 10 61554523 Program Expense 10,00000 TOTAL NET EXPENDITURES 46,90000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 615534146 CAP - DA Revenue 46,90000 46,90000 TOTAL NET REVENUEPagePage pageNumber7342 Meeting of the Johnston County Board of Commissioners FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61054500 Contract Services 150,00000 10 61401902 State County Special Assistance 7,50000 TOTAL NET EXPENDITURES 142,50000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 142,50000 142,50000 TOTAL NET REVENUE 18 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 A Board of Health – Appointed Mary Deborah Jackson to represent the general public for a three year term to expire December 31 , 2008 B Emergency Food & Shelter Board – Appointed Vicky Copelton and Jennifer Cherry Hinton , reappointed Keri Christensen , Melody W Gates , and Molly Russell Parker , and reappointed and waived the length of service policy for Lee Colbert , G Earl Marrett , E Marie Watson and S Dewayne West for two year terms to expire December 31 , 2007 C Criminal Justice Partnership Advisory Board – Appointed Edward James Boyce and Steven Wayne Warren , and reappointed Karen P Earp , Jean Hinton High , June Holt , Donald L Jones , Jackie Lee , Lynwood Rains , Steve Strickland and Michael E Warren for two year terms to expire December 31 , 2007 D Firemen’s Relief Fund Board of Trustees – Appointed Jimmy Colin Batten to the Shoeheel Firemen’s Relief Fund Board of Trustees for a two year term to expire December 31 , 2007 Appointed Aaron Allen Wood to the Blackmon’s Crossroads Firemen’s Relief Fund Board of Trustees for a two year term to expire December 31 , 2007 E Research and Training Zone Advisory Committee – Reappointed Norwood Thompson for a three year term to expire December 31 , 2008 F Juvenile Crime Prevention Council – Appointed Tyree Lamar Convington for a two year term to expire December 31 , 2007 G Pine Level Planning Board – At the request of the Pine Level Town Council , appointed Charles Morgan , as a regular ETJ member , and Robbie Taylor , as an alternate ETJ member , to the Pine Level Planning Board for three year terms to expire October 31 , 2008 Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner DeVan Barbour and carried by unanimous vote , the Board made the following appointments H Economic Development Commission – Reappointed Bradley Carroll At - Large , Chris Johnson Smithfield , Linwood Parker Four Oaks , Michael McLamb At - Large , and O Hampton Whittington , Jr Benson for two year terms to expire December 31 , 2007 19 Award of Bid – Devils Racetrack Road Area Wastewater Collection System Construction & Adoption of Revised Project Budget Upon a motion by Commissioner Wade M Stewart seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adjourned regular session to sit as the Ingrams Water District Board Sitting as the Ingrams Water District Board Presentation of Bids and Revised Project BudgetPagePage pageNumber8343 Meeting of the Johnston County Board of Commissioners Public Utilities Director Tim Broome stated PLT Construction Company , Inc of Wilson , NC withdrew from the negotiated contract for construction of the Devils Racetrack Road Area Wastewater Collection System Staff requested a bid from the second low bidder , Ralph Hodge Construction Company of Wilson , NC on the basis of the revised project design Ralph Hodge responded with a bid of 1,295,038 Since this bid was well above the project budget , staff requested a bid from the third low original bidder , TA Loving Company of Goldsboro , NC TA Loving responded with a bid of 1,207,00630 Since the bid amount was also above the budget , staff negotiated work scope changes and reached a final negotiated bid from TA Loving in the amount of 993,64630 Based on the negotiated bid , the proposed budget would require an 8 monthly surcharge for the customers served by the project instead of the 5 monthly surcharge agreed upon by the Board on September 6 , 2005 Further , the proposed budget would require a 008 per 1,000 gallon increase in the sewer commodity cost for all County retail customers , versus the 005 per 1,000 gallon increase agreed upon in September Mr Broome recommended award of the Devils Racetrack Road Sewer Project to TA Loving Construction Company , Inc of Wilson , NC in the negotiated amount of 993,64630 and adoption of the following proposed revised budget , subject to the concurrence of the NC Rural Center and USDA Rural Development and written confirmation of all requested supplemental funding Basic Engineering 95,00000 Value Design 10,00000 Construction Administration 12,00000 Resident Inspection 7,00000 Land Acquisition 26,00000 Capacity Fees 82,00000 General Sewer Construction 993,64630 Well and Septic Tank Abandonment 40,00000 Contract Allowance Plumbing Contract Allowance 55,00000 Allowance for SCADA System 9,00000 Contingency 47,97870 Septic Tank Investigations 8,875 Administrative Cost 5,50000 TOTAL 1,352,00000 Commissioner Wade M Stewart expressed his belief that staff should discuss the proposed increase in the monthly surcharge with the customers that would be served by the Devils Racetrack Road Sewer Project He suggested a community meeting to discuss the surcharge increase , and postpone discussion of the item until th the December 12 Board meeting Following discussion , the Board agreed to postpone discussion of the Devils Racetrack Road Area th Wastewater Collection System until the December 12 Board meeting Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Ingrams Water District Board adjourned , and regular session was resumed 20 Award of Bids – Water Treatment Plant Expansion & Adoption of Project Budget The Board reviewed the following bids which were received on November 22 , 2005 for the Water Treatment Plant Expansion Filter Media , Valves and Controls US Filter Company 467,13800 FB Leopold Company 491,40000 Quality Monitoring Equipment Piedmont Automation Inc 35,85000 Heyward Services Inc 44,25000 US Filter Company 48,37400 Media and Equipment Installation Dellinger , Inc , Monroe , NC 663,75300 TA Loving Company , Goldsboro , NC 872,50000 State Utility Contractors , Inc , Monroe , NC 891,00000 Kemp Construction Company , Sherrills Ford , NC Declined to BidPagePage pageNumber9344 Meeting of the Johnston County Board of Commissioners Staff recommended award of purchase and construction contracts on the basis of lowest pricing , and approval of the following project budget Expenditures Filter media , valves and controls 467,13800 Quality monitoring equipment 35,85000 Media and equipment installation 663,75300 Technical Services 70,00000 Contingency 63,25900 Total Expenditures 1,300,00000 Revenues Balance in Fund 208527 25,55782 Transfer from Fund 67 1,000,00000 Transfer from Fund 69 274,44220 Total Revenues 1,300,00000 Further , staff requested amendment of the existing water plant capital project fund The amount of 1,000,000 was originally budgeted under Fund 67 for the project An additional amount of 274,44220 is needed from the fund balance in Fund 69 Commissioner Allen L Mims , Jr moved the Board take the following actions on the Water Treatment Plant Expansion • Award the bid to low bidder US Filter Company for Filter Media , Valves and Controls in the amount of 467,138 • Award the bid to low bidder Piedmont Automation Inc for Quality Monitoring Equipment in the amount of 35,850 • Award the bid to low bidder Dellinger , Inc , Monroe , NC , for Media and Equipment Installation in the amount of 663,75300 • Adopt a project budget in the amount of 1,300,000 • Approve the following budget amendment to transfer 1,300,000 to the Capital Budget for the project FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85287400 Capital Outlay 35,85000 20 85281800 Construction of Project 1,130,89100 20 85280406 Technical Services 70,00000 20 85287406 Contingency Construction 63,25900 TOTAL NET EXPENDITURES 1,300,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 852833990 Fund balance appropriated 25,55800 20 Transfer from Other Funds Fd 67 - 1,000,000 Fd 69 - 1,274,44200 274,443 1,300,00000 TOTAL NET REVENUE Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 21 Tax Releases & Refunds – 10 16 05 – 11 15 05 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved the following tax releases and refunds for the period 10 16 05 to 11 15 05 Page0345 Meeting of the Johnston County Board of Commissioners Release Refund Report For Period 10 16 2005 thru 11 15 2005 Year Bill # Acct # Name Tran Type Paid 2005 0507 - 358825 0504 - 400006 CSX TRANSPORTATION Release 20523 2004 0503 - 308306 0412 - 339613 BAILEY , TIMOTHY LYNN Overpayment 43553 2003 0402 - 156624 0311 - 164243 WILLIAMS , MICHELLE LEONARD Overpayment 19494 2004 0505 - 334481 0502 - 371421 BB & T LEASING CORPORATION Release 17820 2004 0505 - 334479 0502 - 369288 BB & T LEASING CORPORATION Release 17820 2005 0509 - 377131 0506 - 424770 OXENDINE , VONESSA PITTMAN Release 12600 2005 0508 - 362686 0505 - 413615 SHAFTNER , KIMBERLY K Release 12408 2005 0509 - 375104 0506 - 422582 VICKERS , MICHAEL CHARLES Release 21138 2005 0509 - 372108 0506 - 426534 RELIABLE FIRE PROTECTION LLC Release 16432 2005 0509 - 372109 0506 - 426956 RELIABLE FIRE PROTECTION LLC Release 16432 2005 0510 - 386048 0507 - 439142 MORGAN , HAROLD GERARD Release 20731 2005 0509 - 371880 0506 - 422113 LOWDER , JR , JAMES FRANKLIN Release 12859 2005 0510 - 384596 0507 - 436669 BREWER , BRANDON DWIGHT Release 12997 2005 0510 - 393224 0507 - 440082 VINSON , WADE CECIL Release 29065 2005 0510 - 392614 0507 - 432587 LI , GUANG SHOU Release 10422 2005 0509 - 380726 0506 - 418635 LESLIE , DORIS GRIFFIN Release 13216 2005 0508 - 360485 0505 - 410348 BAKER , ALISHA ANGEL Release 23678 2005 0510 - 385275 0507 - 438244 GREER , PAUL DOUGLAS Release 10266 2003 0403 - 163922 0312 - 177296 BRYANT , FREDERICK DOUGLAS Overpayment 10816 2005 0510 - 394502 0507 - 435416 SMITH , LATASHA MONIQUE Release 12013 2005 0510 - 387380 0507 - 432841 EDWARDS , ROLAND KENNETH Release 16900 2005 0510 - 389167 0507 - 439548 SMITH , TERRY MARLIN Release 13339 2005 0510 - 384990 0507 - 437398 DIXON , JR , ROBERT FRANKLIN Release 23025 2005 0509 - 371153 0506 - 419324 MINGIN INDUSTRIAL INC Release 17745 2005 0510 - 394764 0507 - 437398 DIXON , JR , ROBERT FRANKLIN Release 15657 2005 0509 - 373814 0506 - 421678 KANTER , STEVEN JAY Release 11105 2005 0510 - 387560 0505 - 440550 KNISLEY , KATHLEEN ANNE Release 10080 2005 0510 - 388197 0507 - 440052 HESLIN , BENJAMIN Release 23246 2005 0510 - 386170 0507 - 439750 OVERBEE , LOUISE BARBEE Release 24131 2005 0509 - 380840 0506 - 419703 MITCHELL , PHYLLIS STEPHENSON Release 30105 2005 0510 - 388507 0507 - 440393 BOURNE , WARREN NORMAND Release 22966 2005 0510 - 389293 0507 - 437474 WILLIS , JEFFREY WAYNE Release 13961 2005 0509 - 379159 0506 - 419766 HENINGER , IVAN MAURICE Release 11533 2004 0504 - 312099 0501 - 355475 COLE , JAMILYN P Overpayment 12000 2005 0508 - 370811 0505 - 414016 VT INC AS TSTEE WORLD OMNI LT Release 15045 2005 0510 - 387292 0507 - 435285 BURNELL BAPTIST CHURCH Release 11757 2004 0506 - 344594 0503 - 386508 HIGGINS , TONY MARK Overpayment 25166 2005 0510 - 392010 0507 - 436461 BRYANT , MICHAEL ALLEN Release 24030 2004 0505 - 332678 0502 - 368110 HOUSE , ANTHONY GLENN Overpayment 10446 2005 0510 - 386566 0507 - 437841 SIMCOX , TRISTA PATE Release 18814 2003 0401 - 146146 0310 - 156503 LOPEZ , JAIME Overpayment 15152 2005 0510 - 391717 0507 - 438296 WEAVER , JR , RAYMOND HOWARD Release 12986 2004 0506 - 346871 0503 - 386254 RHODES , ERICA NOEL Release 19751 2005 0510 - 388331 0507 - 435916 MORIARTY , MARK HOWARD Release 21038 2005 0507 - 347973 0504 - 392605 MCKETHAN , PATRICIA SMITH Overpayment 13789 2005 0510 - 387616 0507 - 435823 MADRID , JESUS MANUEL Overpayment 12315 2005 0509 - 373280 0506 - 426437 FLECK , SHAWN PATRICK Release 20681 2005 0510 - 384362 0507 - 438862 ARCHER , HENRY WILLIAM Release 13682 2005 0510 - 385832 0507 - 436132 LOCKAMY , FREDERICK DONNELL Release 17810 2004 0503 - 308245 0412 - 340238 YOUNG , JOHN EDWARD Tag Surrender 13409 2005 0509 - 380691 0506 - 416474 LANCASTER , ROBERT CHAMPION Overpayment 16897 2001 0108 - 846179 0105 - 089229 EVERETT , JENNIFER LEE Release 16250 2003 0309 - 109658 0306 - 111220 MOREIRA , ANA PAULA Release 12359 2003 0309 - 107448 0306 - 112023 MCARTAN , PENNY BAKER Release 15452 2003 0312 - 139959 0309 - 149459 MCARTAN , PENNY BAKER Release 10911 2002 0305 - 062441 0302 - 062726 BENSON , DONALD SCOTT Release 28216 2005 0508 - 364443 0505 - 413397 SPELLMAN , CARLTON EDWARD Release 41026 2001 0108 - 844223 0105 - 085415 BAINE , PATRICIA ROSE Release 14598 2005 0510 - 383617 0507 - 437076 JOHNNY ADAMS INC Release 17725 2005 0510 - 386176 0507 - 438376 OWENS , TONY LEE Overpayment 12573 2005 0511 - 394804 0410 - 453817 MCLAMB , KELLY BROOKS Release 13099 2003 0309 - 102192 0306 - 113162 BRUCE MOLES CARPET SERVICE Release 18741 2004 0506 - 346510 0503 - 379257 VOSHELL , PHILLIP IHRIE Tag Surrender 12040 2005 0507 - 356332 0504 - 398708 DEVAUGHN , MATTIE DINKINS Release 15420 2005 0509 - 376636 0506 - 426191 HOCUTT MEMORIAL BAPTIST CH Release 24096 2005 0510 - 392262 0507 - 440137 FOX , BRENDA DUNN Release 30672 2005 0508 - 367807 0505 - 413631 WAL - MART STORES INC Release 23180 2005 0509 - 382513 0506 - 421652 HONDA LEASE TRUST Tag Surrender 17423 2005 0509 - 376394 0506 - 421647 HONDA LEASE TRUST Tag Surrender 17631 2004 0506 - 339416 0503 - 379322 BARBOUR , TERRY WALTER Overpayment 14760 2005 0509 - 375260 0506 - 426805 WILSON , LAMONT DARNELL Release 22457 2005 0510 - 393459 0507 - 439567 DAY , CHARLES KEITH Release 13637 2005 0509 - 376256 0506 - 422314 ASHLEY , THOMAS CULLEN Release 11486 2005 0508 - 367736 0505 - 405939 TART , DELANE CREECH Overpayment 17094 Real Personal Property Releases 10 17 2005 9 21 27 105 SHEILA 2005 - 042658 2000108651 KELLY , RONALD D 1,50450 10 17 2005 12 23 03 124 JAMES 2004 - 040382 2000082109 JONES , CHRISTINA 14244 10 17 2005 12 23 43 124 JAMES 2005 - 041042 2000082109 JONES , CHRISTINA 13437Page1346 Meeting of the Johnston County Board of Commissioners 10 17 2005 12 46 44 124 JAMES 2005 - 202565 34977640 GURLEY , GALE SULLIVAN 18747 10 17 2005 12 47 26 124 JAMES 2005 - 202566 34977640 GURLEY , GALE SULLIVAN 16143 10 17 2005 12 49 31 124 JAMES 2005 - 202082 2000116766 LINDSAY , MARSHA GAYLE 12686 10 17 2005 13 21 47 124 JAMES 2005 - 004695 2000076393 BARBOUR , ANN K 16143 10 17 2005 13 23 16 124 JAMES 2004 - 004872 2000076393 BARBOUR , ANN K 17060 10 18 2005 9 15 13 124 JAMES 2005 - 202577 2000117381 ADAMS , NATHAN RUSSELL III 16633 10 18 2005 9 16 11 124 JAMES 2005 - 202578 2000117381 ADAMS , NATHAN RUSSELL III 14212 10 18 2005 11 27 13 105 SHEILA 2005 - 090226 2000060357 CANADY , JOHNNIE A 7,88323 10 18 2005 11 38 05 124 JAMES 2005 - 202426 2000084170 LERENA , HECTOR A 25518 10 18 2005 13 42 08 124 JAMES 2005 - 202088 2000116774 K A A M M ENTERPRISES 17089 10 18 2005 13 43 19 124 JAMES 2005 - 202088 2000116774 K A A M M ENTERPRISES 300 10 19 2005 14 42 31 121 CATHY 2005 - 088386 2000110409 JRM INVESTMENTS LLC 1,08083 10 19 2005 14 47 03 121 CATHY 2005 - 002339 2000105724 APPCOM , INC 10458 10 19 2005 14 56 53 121 CATHY 2005 - 056052 2000102014 NEW ACTON MBL IND LLC 4,13858 10 19 2005 16 29 39 105 SHEILA 2005 - 202530 44064820 JOHNSON , ALLEN WAYNE 29109 10 19 2005 16 30 52 105 SHEILA 2005 - 202531 44064820 JOHNSON , ALLEN WAYNE 29109 10 19 2005 16 32 36 105 SHEILA 2005 - 202532 44064820 JOHNSON , ALLEN WAYNE 29109 10 20 2005 12 27 56 121 CATHY 2003 - 043734 52537431 LEE & SONS NURSERY INC 2,67363 10 20 2005 12 29 11 121 CATHY 2004 - 044669 52537431 LEE & SONS NURSERY INC 2,67363 10 20 2005 12 30 06 121 CATHY 2005 - 045487 52537431 LEE & SONS NURSERY INC 2,67363 10 21 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45 145 MELISSA 2005 - 006937 2000067870 BAUCOM , TIMOTHY S 1,49766Page3348 Meeting of the Johnston County Board of Commissioners 22 Delinquent Tax Collection Report Tax Administrator Pat Goddard reported on the collection of delinquent taxes for the month of November , 2005 She noted that in addition to garnishments , and bank attachments , 15 foreclosure complaints were filed , and 5 demand letters sent , resulting in a collection of 30,04331 As of November 30 , 2005 , the Tax Department has collected 4722 of the real and personal levy for 2005 , and 6656 of the motor vehicle levy Through the NC State Debt Setoff Program , 12 accounts have been paid for a total of 1,31370 She further th noted there was a tax foreclosure sale on the courthouse steps on November 29 The next foreclosure sale is scheduled for January 18 , 2006 23 Public Hearing – 11 00 am – Johnston Memorial Hospital Authority Pursuant to NCGS § 131E Advertised November 25 , 2005 The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the hearing is to consider public comment on a request to create a Johnston Memorial Hospital Authority pursuant to NC General Statute § 131E Sammy Jackson , Chairman of the Johnston Memorial Hospital Board of Trustees , requested the Board organize the hospital as an “ authority ” pursuant to NC General Statute § 131E He introduced Lee Farnell , Chief Executive Officer for the hospital , and John Crill , Attorney for the hospital In response to questions from Commissioner Wade M Stewart , Mr Crill stated the proposal suggests that the County lease to the hospital authority the following properties 1 Johnston Memorial Hospital , 2 the Medical Mall , 3 the lot adjacent to the hospital Grady property , and 4 the Kenly site Further , the proposal includes transfer of the hospital’s personal property from the County to the authority Mr Crill noted the sites at Clayton and McGee’s Crossroads are currently leased to the hospital , and those leases would be turned over to the authority He pointed out that the authority would assume all of the debts of the hospital Commissioner Stewart expressed concern that the hospital would reserve use of a parking lot across the street from the old Agriculture building He pointed out that Social Services ’ employees use the parking lot County Manager Rick Hester clarified that the parking lot referred to is owned by the county , and therefore , continued use by Social Services ’ employees would not be a problem In response to a question from Commissioner Allen L Mims , Jr , Mr Crill stated the authority’s intent is to mortgage the lease - hold interest , and HUD consents to the proposed arrangement In response to a question from Commissioner Tony Braswell , Mr Crill responded the proposed Memorandum of Understanding between the Board of Commissioners and the Authority would handle any issues that needed clarification County Attorney Mark Payne stated , in his opinion , the resolution and memorandum of understanding would allow the hospital authority to continue to function closely to the way it operates currently Commissioner Stewart questioned whether the authority had the power of eminent domain Mr Crill first commented that the authority would need the County’s approval to exercise eminent domain ; however , after further thought , he noted State approval , not County , would be required According to tax law and municipal law , the hospital authority is considered a subdivision of the State , as a governmental entity In order to be organized as a governmental entity , there are certain powers the entity must have , with eminent domain being an example of such power Mr Crill stated the power of eminent domain could not be issued without a “ certificate of public convenience and necessity ” from the State Utility Commission Mr Payne noted , it was his understanding , that in some instances , the exercise of eminent domain by the authority would still require the County’s approval ; however , not in all instances Mr Jackson suggested if the Board was concerned with the issue of eminent domain , it would be best to clarify this in the memorandum of understanding In response to questions from Commissioners Braswell and Stewart , Mr Payne recommended , if the Board chose to approve the authority , to adopt the resolution as presented , and agree to enter into a memorandum of understanding , modified as the Board desires to include the issues clarified during the hearing ie , the nomination and chair appointment process , and the eminent domain issue He pointed out NC GeneralPage4349 Meeting of the Johnston County Board of Commissioners Statute § 131E states that appointments to the hospital authority shall be made by the Chairman of the Board of Commissioners It has been the Board of Commissioners ’ practice when making appointments to the hospital board that the appointments are made by the Board as whole Mr Payne suggested , if the Board desired , to adopt its own policy outlining that in any instances where the Chair of the Board of Commissioners is to make appointment to the hospital authority board , that the appointment made by the Chair be consistent with the desires of the Board as a whole He noted the Board would need to adopt such policy prior to creating the authority In response to a comment from Commissioner Jeffrey P Carver , Mr Crill stated that the hospital employees will be able to continue their membership in the local government employee retirement system There being no further comments , the Chairman closed the public hearing Motion to Amend Policy Regarding Appointment to Hospital Authority Commissioner DeVan Barbour moved the Board amend its policy regarding board appointment to require the Chair of the Board of Commissioners ’ appointment to the Hospital Authority Board be limited to only those persons nominated and approved by a vote of the majority of the Board of Commissioners Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Motion to Create Johnston Memorial Hospital Authority Commissioner W Ray Woodall moved the Board authorize the creation of the Johnston Memorial Hospital Authority by adopting the following resolution , and further authorize the execution of a Memorandum of Understanding MOU between the Board of Commissioners establishing a procedure for nomination and appointment of Hospital Authority Board members and including the imminent domain discussion as conversed during the above public hearing Commissioner Woodall further moved that the Board allow the Chairman to sign the MOU on behalf on the Board without any further action Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote RESOLUTION ESTABLISHING JOHNSTON MEMORIAL HOSPITAL AUTHORITY AS A HOSPITAL AUTHORITY UNDER CHAPTER 131E , ARTICLE 2 , PART 2 OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS , Johnston Memorial Hospital the Hospital is a licensed North Carolina community general hospital ; and WHEREAS , the Hospital is owned by the County of Johnston the County ; and WHEREAS , the Hospital is operated by the Board of Trustees of Johnston Memorial Hospital the Board of Trustees , which was created by the County by a resolution adopted by the Board of Commissioners of the County the “ County Board of Commissioners ” on October 8 , 1948 ; and WHEREAS , during 2004 , the Board of Trustees determined that the Hospital was in need of substantial renovation and expansion and plans have been developed to i construct a new front entrance and patient tower addition to the existing facility , consisting of approximately 184,500 square feet ; ii to construct a new central energy plan , consisting of approximately 19,500 square feet ; and iii to renovate a substantial portion of the existing facility the Project ; and WHEREAS , it has been determined that it will be necessary to incur a loan to pay for the Project ; and WHEREAS , the Board of Trustees has determined that the most cost - effective way to borrow funds for the Project is by qualifying for a federally - insured loan under the HUD - 242 program , pursuant to which a loan to the Hospital will be funded with proceeds from the sale of tax - exempt mortgage - backed revenue , with the repayment obligation secured by a mortgage insured insured by the United States Department of Housing and Urban Development HUD through the Federal Housing Authority FHA ; and WHEREAS , the HUD - 242 program requires there to be a mortgage on the property that will be improved or acquired by the loan proceeds , and HUD will accept a mortgage on a long term leasehold interest in the property , so long as the term is not less than fifty 50 years and the lease agreement otherwise meets HUD’s requirements ; and WHEREAS , the Board of Trustees does not own or lease the Hospital , and it lacks the authority to mortgage the Hospital property ; and WHEREAS , the Board of Trustees has developed a proposal the Proposed Transaction under which the County Board Commissioners will create a new hospital authority , called Johnston Memorial Hospital Authority the Authority , pursuant to the Hospital Authorities Act , Part 2 , Article 2 , Chapter 131E , North Carolina General Statutes the Act ; andPage5350 Meeting of the Johnston County Board of Commissioners WHEREAS , it has been proposed the County will lease the Hospital facility to the Authority for a period of fifty 50 years for nominal rent , pursuant to a lease agreement that will meet all HUD requirements ; and WHEREAS , it has been proposed that the County will transfer to the Authority ownership of certain personal property for nominal consideration , pursuant to bills of Sale and Assumption Agreements ; and WHEREAS , the Authority will qualify for a federally - insured loan the Loan under the HUD 242 program ; and WHEREAS , the obligation of the Authority to repay the Loan will be secured by a mortgage the Mortgage on the leasehold interest of the Authority in the Hospital and a security agreement in certain personal property owned by the Authority , and the Mortgage will be insured by FHA mortgage insurance issued through HUD ; and WHEREAS , the County Board of Commissioners has reviewed the Proposed Transaction and has determined that it is in the best interest of the public health and welfare to create a hospital authority to lease and operate the hospital ; and WHEREAS , the General Assembly of North Carolina has determined that the provision of hospitals , medical , and health care is a public purpose ; and WHEREAS , according to Section 131E - 17 of the Act , the County Board of Commissioners has the authority to create a hospital authority for the above reasons NOW , THEREFORE , BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , AS FOLLOWS 1 It is in the interest of the public health and welfare to create a hospital authority to lease and operate Johnston Memorial Hospital 2 A hospital authority is hereby created in Johnston County , North Carolina pursuant to the Act , to be known as the “ Johnston Memorial Hospital Authority ” 3 The Chair of the County Board of Commissioners shall appoint the Commissioners of the Authority pursuant to Section 131E - 18 of the Act 4 The County Board of Commissioners hereby approves the Application for Incorporation as a Hospital Authority the Application attached hereto as Exhibit A , and , upon the appointment of the Commissioners of the Authority by the Chair of the County Board of Commissioners , the Commissioners of the Authority shall present the Application to the Secretary of State ; and 5 The County Board of Commissioners hereby approves the bylaws the Bylaws of the Authority attached hereto as Exhibit B ; and 6 The County Board of Commissioners hereby authorizes the Chair of the County Board of Commissioners , the County Manager and the County Clerk , or any two of them , to execute for and on behalf of the County such leases , bills of sale and other instruments of conveyance as are necessary to lease the Hospital to the Authority , in connection with the Proposed Transaction ; and 7 The County Board of Commissioners hereby authorizes the Chair of the County Board of Commissioners , the County Manager and the County Clerk , or any two of them , to execute and deliver for and on behalf of the County any and all additional documents , opinions , or other papers and to perform all other acts as may be required or as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution and to effectuate the Proposed Transaction 8 This Resolution shall become effective on the date of its adoption Discussion Regarding Appointments to the Hospital Authority Chairman Pope noted that Dan Mansell had recently resigned from the Hospital Board of Trustees Mr Crill pointed out that this leaves the Board with ten active members He noted the proposed “ Certificate of Appointment ” submitted for the Board’s approval suggests appointing Sammy Jackson as the initial chair of the newly created authority In response to questions from Commissioner Allen L Mims , Jr regarding ex - officio appointments , Mr st Crill noted that technically the terms on the authority are three year terms , which will run from October 1 to th September 30 However , the authority is aware that the Board of Commissioners would continue to make the Commissioner appointment each year in December or January , and the appointment will be for a one year term only This practice is similar to the ex - officio hospital chief of staff position , which may change as well He assured the Board this would not be a problem Commissioner Mims stated that over the past several years the Hospital Board has been expanded with the addition of several new positions In his opinion , the last position added , the at - large seat , should bePage6351 Meeting of the Johnston County Board of Commissioners eliminated at this time , and one additional position eliminated in September 2006 , when the next position’s term expires He noted the importance of having an odd - numbered board to avoid putting the authority in a position for a tie vote Commissioners Stewart and Carver agreed with Commissioner Mims , and further stressed the importance of having an odd - numbered board Motion to Appoint Initial Members of the Hospital Authority Following discussion , Commissioner Wade M Stewart moved the Board instruct Chairman Pope to make the following appointments to the Hospital Authority , and appoint Sammy Jackson as Chairman th Commissioner Stewart further moved the Board discontinue the 11 position on the authority and reduce the membership to nine positions in September 2006 Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Stanley R Bylciw 9 30 2006 W Ray Woodall ex officio 9 30 2006 L Craig Casey 9 30 2006 Anne W Peedin 9 30 2007 Ralph L Stewart , Jr 9 30 2007 Eric M Janis ex officio 9 30 2007 Bobby T Parker 9 30 2008 Sammy G Jackson 9 30 2008 Ernest Y Wilkinson , Jr 9 30 2008 Quinton K Wall 9 30 2008 24 Board Reports and Comments A Johnston County Transportation Planning At the request of Commissioner Tony Braswell , Planning and Inspections Director Steven Finn provided a brief update on transportation planning for Johnston County Mr Finn stated this past year the County had been increasingly involved in transportation planning with both the Capital Area Metropolitan Planning Organization CAMPO and the Upper Coastal Plain Area Rural Planning Organization RPO He anticipated the RPO Transportation Advisory Committee meeting quarterly in 2006 Current projects include the western Johnston County transportation plan , with recommendations expected in spring 2006 B Town of Princeton Water Issues Commissioner Allen L Mims , Jr , stated that he , along with Commissioners Braswell and Barbour , are continuing discussions relating to water issues near the Town of Princeton , and will report back to the Board at a later date There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage