March 4, 2002 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 796 March 4 , 2002 The Johnston County Board of Commissioners met in regular session Monday , March 4 , 2002 , at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Fred Smith , and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted 1 Minutes - February 4 , 11 , 2002 Board Meetings Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the minutes of the February 4 , 11 , 2002 board meetings as presented Public Comments - No one spoke at this time 2 Ordinance Adopting the Code of Ordinances for Johnston County Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adopted the following ordinance AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE COUNTY OF JOHNSTON , NORTH CAROLINA ; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN ; PROVIDING A PENALTY FOR THE VIOLATION THEREOF ; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE ; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS Section 1 The Code entitled Code of Ordinances , County of Johnston , North Carolina , published by Municipal Code Corporation , consisting of chapters 1 through 24 , each inclusive , is adopted Section 2 All ordinances of a general and permanent nature enacted on or before January 14 , 2002 , and not included in the Code or recognized and continued in force by reference therein , are repealed Section 3 The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance Section 4 Unless another penalty is expressly provided , every person violating any provision of the Code or any ordinance , rule or regulation adopted or issued in pursuance thereof shall be punished by a civil penalty of 50000 No criminal penalties shall be applicable unless stated in the particular section of the code Failure to pay any civil penalty imposed by this Code constitutes a misdemeanor as provided in GS 14 - 4 Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense The penalty provided by this section , unless another penalty is expressly provided , shall apply to the amendment of any Code section , whether or not such penalty is reenacted in the amendatory ordinance In addition to the penalty prescribed above , the county may pursue other remedies such as abatement of nuisances , injunctive relief and revocation of licenses or permits Section 5 Additions or amendments to the Code when passed in such form as to indicate the intention of the board of commissioners to make the same a part of the Code shall be deemed to be incorporated in the Code , so that reference to the Code includes the additions and amendments Section 6 Ordinances adopted after January 14 , 2002 , that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code Section 7 This ordinance shall become effective on the date of adoption 3 Sheriff’s Department - Request for Vehicles Sheriff Steve Bizzell requested the Board authorize him to order new vehicles for his department for the upcoming fiscal year He noted , in an effort to implement cost saving measures in his department , he would be ordering four fewer vehicles than in previous years Page797 Commissioner Fred Smith commended Sheriff Bizzell for recognizing the economic reality of the times and moved the Board authorize him to order eleven 2003 Ford Crown Victorias at a cost of 20,565 each and three 2003 Ford Explorers at a cost of 25,500 each , with the understanding these vehicles will be delivered st after July 1 and will be paid from the Sheriff’s 2002 - 03 budget Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 4 Criminal Justice Partnership Advisory Board - Approval to Apply for State Grant Renewal Nell Phelps , Rehabilitate & Educate Adult Probationers REAP Program Administrator , requested the Board authorize the Criminal Justice Partnership Advisory Board to apply for a renewal of the Continuation of Implementation Funds Grant from the NC Department of Correction , to keep the program active in the County She noted this is the fourth year the program , which is fully state funded , has operated to rehabilitate and educate adult probationers The anticipated grant for the new year is 97,240 ; however this might be less due to the State budget shortfall In response to a question from the Board , Ms Phelps stated that no County funds are involved Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Criminal Justice Partnership Advisory Board to apply for a State Continuation of Implementation Funds Grant Renewal from the NC Department of Correction 5 Public Hearing Scheduled - ROAP Grant Funds Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board scheduled a public hearing on April 1 , 2002 , to hear public comment on the use of Rural Operation Assistance Program grant funds from the North Carolina Department of Transportation for the following programs Elderly Disabled Transportation Assistance Program ; Rural General Public Program ; and Work First - Transitional Employment Transportation Program The hearing will be held at 10 30 am 6 Referendum on the Sale of Malt Beverages Approved Commissioner Thomas M Moore moved the Board call for a referendum on May 7 , 2002 to permit the off - premises sale of malt beverages beer in the unincorporated areas of the County Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , and Fred Smith Nays W Ray Woodall In discussion following the vote , it was suggested that on the ballot , the word “ beer ” be inserted behind the term “ malt beverages ” in order to prevent confusion for the voters Attorney Mark Payne and Board of Elections Director , Teresa Davis , stated they would see if the State Board of Elections would allow any change in the wording of the ballot 7 Budget Amendments Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved the following budget amendments Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304519 CCDF C hild Care 635,03200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 613034119 Child Day Care 635,03200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 28 61756155 Dedicated Trust Account Disbursem ents 15,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 28 617535137 Dedicated Trust Account Receipts 15,00000Page798 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 6120 4504 CO A Expenditures 27,70000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 612034126 Triangle J Council of Government 27,70000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61001909 Crisis Intervention Programs 25,61000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 25,61000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101911 Carolina Power & Light 9,02200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 9,02200 Health - Adult Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 5920 - 1400 Travel 1,00000 10 5920 - 0400 Professional Provider 2,00000 10 5920 - 3300 Departmental Su pplies 3,75000 10 5920 - 2600 Advertising Cost 45000 10 5920 - 2400 Office Supplies 25000 TOTAL NET EXPENDITURES 7,45000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 5920 - 34155 Department of Health and Human Services 7,45000 Sheriff’s Office FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Maintenance & R epair Vehicles 5,44100 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460032509 Insurance Recovery 5,44100 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Maintenance & R epair Vehicles 91890 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460032509 Insurance Recovery 91890 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51007400 Capital Outlay 36,56100 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 510034163 Federal Equipment 36,56100Page799 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51003300 Departmental Su pplies 1,55095 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 510034155 State G rants 1,55095 Emergency Management FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53001600 Maintenance & Repairs 42951 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460032509 Insurance Reimbursement 42951 Public Utilities - Little Creek W D Construction FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 86301800 Construction of Project 240,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 863037925 Transfer from other funds 240,00000 Job Training FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE NC E & T Staff Costs Contracted 12,04000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE NC Employment & Training Grant 12,04000 8 Appointments A Johnston County Airport Authority - 3 positions The Chairman called for nominations for appointment to the Airport Authority Commissioner Fred Smith nominated Jimmy Massengill and Dennis Mack Commissioner Allen L Mims , Jr nominated Leonard Woodall and James Roach There being no further nominations , the Chairman called for a vote on the nominees The following votes were tallied Jimmy Massengill - 6 votes from Commissioners Pope , Woodall , Smith , Moore , Langdon , and Stewart Dennis Mack - 5 votes from Commissioners Woodall , Smith , Moore , Langdon , and Mims Leonard Woodall - 6 votes from Commissioners Mims , Stewart , Langdon , Moore , Pope , and Woodall James Roach - 4 votes from Commissioners Smith , Pope , Stewart , and Mims Commissioner Thomas M Moore moved the Board waive the length of service requirement for Jimmy Massengill and Leonard Woodall Commissioner Cookie Pope seconded the motion Based on the votes taken and the motion above , Jimmy Massengill , Leonard Woodall , and Dennis Mack were appointed to the Airport Authority for four year terms to expire March 2006 The Board asked that a letter be sent to Dr NB Grantham thanking him for his many years of service on this authority B Fire Protection District Commissions Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board made the following appointments to fire district commissions for two year terms to expire March 2004 PagePage pageNumber5800 Archer Lodge Reappointed David Pace , Kirby Donald Turner and Joseph Zimmerman length of term policy waived for Mr Zimmerman Beulah - Reappointed Ralph Pope waiver approved Meadow - Reappointed Anthony Godwin , Samuel N Johnson waivers approved and Roy Johnson , Jr Micro - Reappointed Johnny J Dixon , Lester LC Smith , and Percell Holland , Jr Strickland’s Crossroads - Appointed James Massey , R M Hayes , and Thomas Rhodes Wilson’s Mills - Reappointed Clifford Uzzle and Ben Youngblood Waivers approved ; Appointed David Turnage Wynn - Reappointed Stuart Allen , Charles “ Barry ” Stanley , and Charles Pender C Local Emergency Planning Committee LEPC - 8 positions Commissioner Cookie Pope moved the Board appoint Buck Pipkin and Jeff Lewis to the Local Emergency Planning Committee for a two year term Commissioner Allen L Mims , Jr seconded the motion Discussion A discussion ensued about whether appointees have to be County residents It was suggested that a decision on the appointment of Buck Pipkin , who works but does not live in the County , be postponed until the Board has time to consider the County residency policy Commissioner Cookie Pope amended her motion to appoint Jeff Lewis to the Local Emergency Planning Committee for a two year term to expire March 2004 , and postpone consideration of the appointment of Buck Pipkin until the residency policy is reviewed Commissioner Allen L Mims , Jr withdrew his second Commissioner Wade M Stewart seconded the amended motion , which carried by unanimous vote The Board agreed to discuss residency requirements for both employees and boards and committees at their upcoming retreat The Manager was asked to check with surrounding counties to see if they have a policy on this matter D Industrial Development Commission - 1 position from the Wilson’s Mills area Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board appointed Kenneth Jones from Wilson’s Mills to the Industrial Development Commission for a two year term to expire March 2004 E Board of Equalization and Review - 1 position to fill unexpired term Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board appointed David E Byrd to the Board of Equalization and Review to fill an unexpired term ending April 30 , 2006 F Juvenile Crime Prevention Council Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board appointed Kelly Lampkin to the Juvenile Crime Prevention Council for a two year term to expire February 2004 G Town of Selma Planning Board As recommended by the Selma Town Council , Commissioner W Ray Woodall moved the Board appoint Travis Gardner as ETJ member to the Selma Planning Board for a term to expire November 2003 Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 9 Public Utilities - Land Exchange Attorney Mark Payne explained the Public Utilities Department needs property on Powhatan Road for a booster station and has been negotiating for a parcel with Senator Allen Wellons Senator Wellons has tentatively agreed to a land exchange whereby the County would get a tract on Powhatan Road and an easement from the County Water Plant for the Buffalo Water District in exchange for a County - owned lot on Hwy 70 adjacent to some of his property The land he would be getting is a pie - shaped piece of property with controlled access on which the County at one time had a booster station The County would retain an easement to the oldPagePage pageNumber6801 booster site in case it was ever needed In discussion , it was noted the tract , which was originally purchased from Senator Wellon’s family , has no value to the County now that the booster station has been moved With the controlled access , it has limited use to anyone other than Senator Wellons who owns the adjacent property Board members stated they would like to see more information , including maps of the properties before th making a decision A decision on this matter was postponed until next Monday night , March 11 10 Incentive Tap Fees for Elevation and Meadow Water Districts and Other Water District Concerns Commissioner Wade M Stewart reminded the Board that citizens in Elevation and Meadow Water Districts were told during public meetings that early incentive tap fees would be 75 Between the time of the public meetings and implementation of the incentive period , USDA - RD sent the County a directive stating the fee was to be 150 Staff unsuccessfully challenged the directive and the citizens were charged the 150 fee Commissioner Stewart stated he recently addressed this matter again with USDA Rural Development officials , and following review , they now agree that these districts should not have been charged the 150 They concur that retroactive action should be taken to correct this He noted a number of citizens did not sign up because they felt they had been misinformed , and in an effort to be fair and because of the unique situation , he suggested the incentive period be reopened for thirty days Commissioner W Ray Woodall asked about the areas excluded from the Brogden Water District because they were in the Princeton ETJ He noted they were originally told they could participate , then not allowed to sign up for water taps Engineer Tim Broome explained the lines were drawn as directed by the towns , but some of the areas are now petitioning to be annexed into the district County Manager , Rick Hester , noted that because of concerns about earlier districts encroaching on the town’s potential water service areas , the County , at the direction of the Board , has been diligent in working with the towns in delineating boundary lines Commissioner Fred Smith stated it is his understanding the towns have planning jurisdiction and decide the infrastructure and building in their ETJ areas , but are not responsible for services He noted , in his opinion , the County should not let the towns decide whether these people are in or out of water districts Commissioner Woodall pointed out the areas asking for annexation into the Brogden District were never given the opportunity to sign up for the low incentive tap fee Mr Broome noted , in his opinion , there are three issues in the districts people left out because they are too close to the town , citizens never solicited by the community canvassers , and people who moved in after the incentive campaign Instructions to Engineer Tim Broome to Review Water District Issues Following discussion , Commissioner Fred Smith moved the Board instruct Engineer Tim Broome to review all the water districts again to see if citizens , for whatever reason , were not served , and bring recommendations to the Board as to how these issues can be best addressed Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Motion to Sit as the Elevation and Meadow Water District Boards Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board recessed regular session to sit simultaneously as the Elevation and Meadow Water Districts Boards Sitting as the Elevation Water District Board - Motion to Reimburse Fees and Reopen Incentive Period Based on the unique situation in the Elevation Water District due to the policy changes by USDA Rural Development , Commissioner Wade M Stewart moved the Board reduce the tap fees to 75 and reimburse all citizens who paid either 150 or 600 accordingly He further moved the district incentive tap period be reopened during the month of May to allow other citizens to take advantage of the 75 incentive tap fee Commissioner Cookie Pope seconded the motion , which carried by unanimous vote PagePage pageNumber7802 Sitting as the Meadow Water District Board - Motion to Reimburse Fees and Reopen Incentive Period Based on the unique situation in the Meadow Water District due to the policy changes by USDA Rural Development , Commissioner Wade M Stewart moved the Board reduce the tap fees to 75 and reimburse all citizens who paid either 150 or 600 accordingly He further moved the district incentive tap period be reopened during the month of May to allow other citizens to take advantage of the 75 incentive tap fee Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Meadow and Elevation Water District Boards adjourned , and regular session was resumed Engineer Tim Broome pointed out that all new districts formed will be charged 150 incentive tap fees , as stipulated by the USDA Rural Development 11 Utility Assets Transfer Agreement with Kenly Mr Broome informed the Board the Town of Kenly is requesting the County approve an Utility Infrastructure Interlocal Agreement to transfer to the Town the sewer facilities that serve Glendale Kenly School on Bay Valley Road The system includes gravity sewer segments , a pump station and the force main Kenly would continue to collect and reimburse the County for the assessment fees until the total value of the facilities is reimbursed He noted a similar agreement was approved in June 2000 to transfer certain utilities lines to the Town of Clayton Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved the following interlocal agreement with the Town of Kenly STATE OF NORTH CAROLINA UTILITY INFRASTRUCTURE INTERLOCAL AGREEMENT JOHNSTON COUNTY This UTILITY INFRASTRUCTURE INTERLOCAL AGREEMENT this “ Agreement ” is entered into this the day of , 2002 , by and between JOHNSTON COUNTY , NORTH CAROLINA , a body corporate and politic and a political subdivision of the State of North Carolina hereafter the “ County ” , and the TOWN OF KENLY , NORTH CAROLINA , a body corporate and politic and a political subdivision of the State of North Carolina hereafter the “ Town ” collectively , the “ Parties ” WITNESSETH WHEREAS , the County owns and operates certain water and wastewater collection , transmission and treatment facilities in certain areas of Johnston County ; and WHEREAS , the Town owns and operates certain water distribution and wastewater collection , transmission and treatment facilities in certain areas of Johnston County ; and WHEREAS , under previous agreements , the Town provides retail service on the sewer lines and force main on Bay Valley Road which are owned by the County ; and WHEREAS , the County provides retail water service to the Glendale Kenly K - 5 School ; and WHEREAS , the Parties desire to maximize the efficiency and cost - effectiveness of the provision of utility services to the citizens and residents of the County and the Town ; NOW THEREFORE , in consideration of the foregoing agreement and mutual covenants and benefits contained herein , and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Parties agree and covenant as follows 1 The term of this Agreement shall be twenty 20 years , unless sooner modified or terminated as herein provided 2 Immediately upon execution of this Agreement , the County shall take all steps necessary to transfer to the Town title to , possession of , and ownership of the County’s sewer facilities and all appurtenances thereto on Bay Valley Road SR 2159 and the connecting segment from US 301 southeast to the Town’s sewer interceptor consisting of approximately 1,650 lf of 8 ” gravity sewer line , an 80 gpm wastewater pump station with appurtenances , approximately 9,345 lf of 4 ” force main , and approximately 3,560 lf of 12 ” gravity sewer line , all as shown on Exhibit A plans dated January 1997 , prepared by McKim & Creed Engineers 3 The Parties acknowledge and agree that the value of the Bay Valley Road sewer facilities based on the County’s net investment less depreciation 50 year straight line with a 25 residual value is 302,600 4 The Town shall charge and collect wastewater assessment fees for residential and commercial development which will be tributary to the NC 42 Facilities Fees shall be collected whether or not the development parcel is annexed by the Town Such fees shall be equal to or greater than the County’s current assessment fees 2,000 per tap for residential , 7,500 per acre for commercial , and 10 per gpd for institutional , non - profitPagePage pageNumber8803 or not for profit development Assessment fees shall be collected on , or before building permits are issued Within thirty 30 days of collection of such fees , The Town will pay to the County these amounts and will continue such payments during the term of this Agreement Provided , however , that the Town shall not be required to collect or pay to the County any such fees in connection with existing developments which have already been approved by the Town ie , preliminary plats or subsequent approvals A schedule of such previously approved developments is attached as Exhibit B 5 The County shall retain ownership of the 12 ” water main on Bay Valley Road ; however , the County shall permit the Town to provide retail service from the County’s 12 ” water main , including service to Glendale Kenly K - 5 School 6 The County shall install all water taps on the 12 ” water main for development outside the Town limits , and the County will assess its normal fees 7 The County’s Board of Commissioners shall review this Agreement and by resolution adopt this Agreement to remain in full force and effect until modified or terminated as herein provided 8 The Town’s Town Council shall adopt such resolution as necessary to enter into this Agreement , which shall be binding upon the Town until modified or terminated as herein provided 9 This Agreement reflects the complete understanding of the Parties and constitutes their entire agreement with respect to the subject matter hereof , superseding all prior negotiations , representations , contracts , agreements , promises , understandings , and statements concerning the subject matter hereof 10 This Agreement may be modified only by a written instrument duly executed by both Parties 11 This Agreement shall bind and inure to the benefit of the Parties and their successors and assigns This Agreement and all documents referred to herein shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina 12 All communications and notices hereunder shall be in writing and shall be i delivered by hand , ii sent prepaid by overnight delivery , or iii sent by the United States Mail , certified , postage prepaid , return receipt requested , at the addresses designated below , or to such other addresses as either party hereto may hereafter designate in writing from time to time To the County To the Town Johnston County Town of Kenly ATTN County Manager ATTN Town Administrator 212 Market Street Post Office Box 519 Post Office Box 1049 Kenly , North Carolina 27542 Smithfield , North Carolina 27577 13 The waiver by either of the Parties of any breach or violation of any terms or provisions of this Agreement by any other party hereto shall not operate as a waiver of any other breach or violation 14 The provisions of this Agreement are hereby deemed by the Parties to be severable , and the invalidity or unenforceability of any one or more of the provisions of this Agreement shall not affect the validity and enforceability of the remaining provisions hereof 12 Tax Releases and Refunds Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following tax releases and refunds January 20 , 2002 through February 19 , 2002 Release Refund Report for Motor Vehicle Tax for Period 1 20 02 thru 02 19 2002 Year Bill # Acct # Name Tran Type Paid Interest 2001 0201 - 891786 0110 - 139313 Altman , Jr , William Howard Release 14533 2001 0201 - 889735 0110 - 143286 Bunn , Gary Lenel Release 12735 2001 0201 - 890132 0110 - 140199 Fifth Third Auto Leasing Trust Release 11988 2001 0201 - 896815 0110 - 143379 Alford , Jason Michael Rebill 18703 000 2001 0112 - 886799 0109 - 133850 Patterson , Byrone Hubert Release 1,12222 2001 0201 - 896719 0110 - 140907 Solomon , Audrey Riggins Release 12862 2001 0201 - 897063 0102 - 133960 Wells , Roland Graham Release 13231 2001 0110 - 868310 0107 - 112134 Ryals , Janet Perry Rebill 16632 457 2001 0201 - 894900 0110 - 143700 Sykes , Carolyn Jenkins Release 20181 2001 0201 - 892076 0110 - 143744 Johnson , Harold Dean Rebill 14610 000 2001 0112 - 884715 0109 - 132059 Strickland , Larry Craig Release 23376 2001 0112 - 880769 0109 - 133094 Bryan Keith Meadows Release 18882 2001 0201 - 893836 0110 - 141871 Evans , Durwood Lee Release 24125 2001 0111 - 878971 0108 - 122351 Mts Equipment Release 19054 2001 0201 - 889421 0110 - 141896 Pischak , John Joseph Release 12264 2001 0201 - 897034 0110 - 140861 Pines of Carolina Girl Scout Release 14378 2001 0201 - 890916 0110 - 141444 Myers , Billy Andrew Release 10016 2000 0105 - 816221 0102 - 055020 Johnson , George Curtis Release 18860 2001 0201 - 897340 0102 - 055020 Johnson , George Curtis Overpmt 13597 000 2001 0201 - 896275 0110 - 139206 Wood , Bobby Ray Release 12591 2001 0201 - 897342 0110 - 139206 Wood , Bobby Ray Overpymt 11812 000 2001 0111 - 869596 0108 - 123859 Brown , Kenneth Neil Release 14212 2001 0111 - 869129 0108 - 120784 Gmac Rebill 17829 357 2001 0111 - 869130 0108 - 122274 Gmac Rebill 22152 443 2001 0111 - 871331 0108 - 121205 Gmac Rebill 30839 617PagePage pageNumber9804 2001 0111 - 877244 0108 - 119924 Gmac Leaseco Limited Rebill 26237 525 2001 0111 - 878979 0108 - 120249 Gmac Rebill 14206 284 2001 0111 - 878981 0108 - 122920 Gmac Rebill 9874 197 2001 0111 - 869775 0108 - 121935 Gmac Leaseco Limited Rebill 15169 303 2001 0107 - 831648 0104 - 074898 Gmac Rebill 14305 536 2001 0108 - 837926 0105 - 085679 Gmac Rebill 14581 437 2001 0108 - 838419 0105 - 090325 Gmac Rebill 12825 384 2001 0109 - 856663 0106 - 099817 Gmac Rebill 18106 634 2001 0112 - 881682 0106 - 133916 Jones , Thomas Edward Release 15085 2001 0201 - 895365 0110 - 139308 Evans , Bobby Wayne Release 41479 2001 0201 - 895651 0110 - 142568 Jones , William Raeford Release 20952 2001 0201 - 889954 0110 - 140393 Davidson , Tracy Allen Release 26254 2001 0201 - 895108 0110 - 135874 Berkau , Thomas Shelburn Release 14658 2000 0104 - 815393 0102 - 053352 Matthews , Timothy Lane Rebill 17542 921 2000 0104 - 815392 0102 - 051074 Matthews , Timothy Lane Rebill 13284 698 2001 0201 - 895292 0110 - 140286 Davis , Dewey Keith Release 12291 2001 0108 - 844108 0105 - 086961 Clayton , Clinton Eugene Tag Surr 10327 2001 0201 - 895050 0110 - 140044 Archer , Mitchell Lee Release 14554 2001 0201 - 890958 0110 - 142202 Oneil , Eric Bryan Release 10882 2001 0109 - 851452 0106 - 096872 Mcfarland , Michael Decarlo Rebill 12850 450 2001 0201 - 890729 0110 - 136613 Mallory , Bruce Carl Release 11946 2001 0107 - 828882 0104 - 077748 Asplundh Tree Expert Co Release 18502 2001 0201 - 892906 0110 - 143683 Swart , Stanley William Release 27306 2001 0107 - 828880 0104 - 074915 Asplundh Release 32236 2001 0107 - 828883 0104 - 078495 Asplundh Tree Expert Co Release 25802 2001 0107 - 828884 0104 - 078717 Asplundh Tree Expert Co Release 33525 2001 0107 - 828881 0104 - 076539 Asplundh Tree Expert Co Release 33525 2001 0201 - 897363 0104 - 077748 Asplundh Tree Expert Co Rebill 11467 516 1998 9809 - 489125 9806 - 687977 Beavers , Peggy S Release 15171 2001 0201 - 896296 0110 - 141235 Smith , Christine Smith Release 19511 2001 0111 - 875249 0108 - 121221 Hayes , Jeffrey Todd Release 18868 2001 0110 - 866506 0107 - 112305 B & B Hauling Llc Release 14600 2001 0201 - 896572 0110 - 140769 German , Kevin Douglas Rebill 16013 000 2001 0107 - 831697 0104 - 076827 Hill , Penny Lee Rebill 13213 594 2001 0112 - 888135 9909 - 832596 Yates , Donnie Ray Release 12024 2001 0110 - 862675 0107 - 110643 Williams , Terence Ray Rebill 9910 273 2001 0109 - 857640 0106 - 099854 Curry , Ii , Talmadge Leslie Rebill 16188 688 2000 0012 - 766129 0010 - 008762 Ford Motor Credit Release 16966 1996 9703 - 330538 9612 - 502037 Crawford , Jennifer Dawn Release 10626 2001 0201 - 895224 0110 - 140712 Cienian , Shawn Neuman Release 11738 2001 0111 - 875912 0108 - 120985 Capps , Lester Leroy Rebill 13178 362 2001 0107 - 827630 0104 - 073999 Hovermale , Amelia Howard Rebill 9910 446 2001 0112 - 882136 0109 - 132856 Parks , James Darren Rebill 19527 219 2001 0201 - 894573 0110 - 139060 Lassiter , James DavidRelease 12890 2001 0201 - 891316 0110 - 143033 Skokauckas , Anthony Joseph Release 10210 2001 0109 - 852421 0106 - 101645 White , Patricia Hargis Release 10557 2001 0112 - 881828 0109 - 131344 Livingstone , John Ralph Rebill 21115 000 1995 9606 - 259763 9603 - 427666 Pleasants , Mary Wiggs Release 12299 2001 0109 - 850846 0106 - 098941 Haines , Donald Brent Release 13305 2001 0109 - 851776 0106 - 099229 Pittman , Harry Ray Release 19403 2000 0104 - 812403 0102 - 046146 Vaughn , Ronald Keith Rebill 13286 797 2001 0109 - 858554 0106 - 100310 Wimbley , Terry Rayfield Release 21909 2000 0105 - 822809 0103 - 062134 Blake , Wanda Walker Release 14499 2000 0103 - 804496 0101 - 043635 Reuter , Sherry Sue Release 13365 2001 0112 - 881128 0109 - 129303 Dostal , Patrick Jay Release 11494 2001 0107 - 835686 0104 - 075550 Griffin , Beth Capps Rebill 12534 259 2001 0201 - 896163 0108 - 143811 Uc Cellular Nc Rsa # 6 Release 19214 2001 0112 - 883767 0109 - 133924 Kennedy , French Lee Release 17646 2000 0104 - 810988 0102 - 052281 Stevens , Marcus Levoy Rebill 15243 914 2001 0112 - 886419 0109 - 132208 Grantham , Iii , Norman Bridgers Rebill 12162 244 2000 0103 - 799271 0101 - 036363 Poston , Larry Release 27728 2001 0201 - 896059 0110 - 142476 Spence , Helen Mcpherson Release 28634 2001 0107 - 832344 0104 - 069029 Ellis , Daniel Boyd Release 10975 2001 0112 - 887829 0109 - 129826 Westbrook , Marion Randall Release 12700 2001 0108 - 846004 0105 - 086861 Cataldi , Daniel David Thomas Release 18110 2000 0101 - 780650 0011 - 017468 Cataldi , Daniel David - thomas Release 10525 2001 0201 - 897083 0110 - 139942 Liles , Lee Everett Release 21506 2001 0109 - 848644 0106 - 101551 Downer , William Charles Release 18298 2001 0108 - 844007 0105 - 087651 Price , Robert Steven Release 13578 1998 9903 - 539697 9812 - 734859 Exxon Corporation 46464 Rebill 9851 2512 2001 0112 - 881684 0109 - 133802 Jordan , Iii , William Franklin Rebill 16441 329 2001 0110 - 859181 0107 - 108773 Upchurch , Timothy Ray Rebill 18133 634 2001 0108 - 844234 0105 - 086877 Bb & t Leasing Corp Release 17812 2001 0112 - 883297 0109 - 127828 Navez , Jesus Valle Release 29631 2000 0104 - 809568 0102 - 053339 Petty , Shirley Vinson Release 15553 2000 0009 - 744001 0007 - 973805 Spinks , Brian Mcgarvey Release 13113 2001 0109 - 857754 0106 - 097578 Spinks , Brian Mcgarvey Release 11585 Page0805 2001 0201 - 888307 0110 - 141945 Church , Ronald Kern Release 17902 2001 0107 - 828747 0104 - 073743 Volkswagen Credit Inc Rebill 14752 664 2001 0112 - 884109 0109 - 132568 Cummings , Eric Release 45424 2001 0202 - 905614 0109 - 132568 Cummings , Eric Overpmt 11782 236 2001 0202 - 903596 0111 - 150040 Amick , Sylvia Price Release 43611 2001 0202 - 905615 0111 - 150040 Amick , Sylvia Price Release 26884 Release Report for Real Personal Property 1 22 02 15 16 47 124 JAMES 2001 - 051905 2000081726 OLIVER , PATR ICIA 33600 1 23 02 10 34 07 105 SHEILA 2001 - 028946 2000004100 HAYES , JAMES MARK 64328 1 23 02 16 26 05 121 CATHY 2001 - 074531 2000076160 WHITLEY , CHARLES O + 1,38175 1 23 02 16 35 27 121 CATHY 2000 - 002846 2000050265 B & D KIM INC T A 1,19086 1 23 02 16 36 31 121 CATHY 2001 - 002990 2000050265 B & D KIM INC T A 99378 1 24 02 11 01 11 105 SHEILA 1999 - 049191 68094960 PARROTT , ETH RIDGE BROD IE 53836 1 24 02 11 02 03 105 SHEILA 2000 - 051411 68094960 PARROTT , ETH RIDGE BROD IE 53936 1 24 02 11 07 35 105 SHEILA 2001 - 078238 2000075575 WYNSTON HOMEOWNERS ASSOC I 2,09554 1 24 02 11 55 15 124 JAMES 2000 - 044909 59901701 MEDLIN PRINTING CO 1,38214 1 24 02 11 59 12 124 JAMES 1999 - 043027 59901701 MEDLIN PRINTING CO 1,13221 1 25 02 8 43 48 124 JAMES 2001 - 019642 2000077382 DONOVAN , BERNARD NEIL JR 14930 1 25 02 8 44 20 124 JAMES 2000 - 204548 2000077382 DONOVAN , BERNARD NEIL JR 15716 1 25 02 8 44 58 124 JAMES 2000 - 205801 2000077382 DONOVAN , BERNARD NEIL JR 18001 1 25 02 14 10 42 121 CATHY 2000 - 202607 2000075997 CRUMPLER , BEN C 19427 1 25 02 14 11 30 121 CATHY 2001 - 017278 2000075997 CRUMPLER , BEN C 20914 1 25 02 15 42 26 121 CATHY 2000 - 072702 2000059685 WOLFE , LAURIE 16890 1 28 02 8 54 18 124 JAMES 2001 - 043413 2000067997 LOOKIN GOOD FITNESS INC + 82650 1 29 02 9 33 26 105 SHEILA 2001 - 033209 2000075297 HUNT , RODNEY 17354 1 29 02 9 35 05 105 SHEILA 2000 - 057138 76203660 ROBERTSON , MINNIE HEIRS 41738 1 29 02 9 36 58 105 SHEILA 2001 - 060128 76203660 ROBERTSON , MINNIE HEIRS 45198 1 29 02 12 01 09 124 JAMES 2001 - 203570 82342943 STANLEY , CHARLES B 11683 1 29 02 12 04 52 124 JAMES 2001 - 058595 2000062500 REAVES , MATILDA FRANCES 12898 1 29 02 16 52 17 105 SHEILA 2001 - 040333 51678240 LANGSTON , HERBERT 17000 1 30 02 15 37 48 124 JAMES 2001 - 060437 2000070652 ROSE , ANNIE RUTH 20164 1 30 02 16 35 03 124 JAMES 2001 - 007945 2000082742 BLALOCK , BEVERLY 22372 1 31 02 8 23 19 124 JAMES 2001 - 043895 2000049572 MADISON , MICHELLE 16200 1 31 02 9 06 34 124 JAMES 2001 - 010547 2000054318 BRYANT , LELA 14225 1 31 02 10 35 05 124 JAMES 2001 - 009031 2000061582 BRANCH , LENNY EARL 16380 1 31 02 10 37 48 124 JAMES 2001 - 000828 2000021251 ALFORD , COREY LAMONT 22824 1 31 02 11 42 48 124 JAMES 2000 - 039617 2000060075 LEE , HEATHER 28779 1 31 02 11 43 25 124 JAMES 2001 - 041674 2000060075 LEE , HEATHER 26720 1 31 02 12 48 08 105 SHEILA 2001 - 061322 2000072968 SANDERS , CH RIS 29611 1 31 02 12 53 19 105 SHEILA 2002 - 200136 2000053357 BYRD , CALLIE B LIFE ESTATE 13005 1 31 02 12 54 03 105 SHEILA 2002 - 200137 2000053357 BYRD , CALLIE B LIFE ESTATE 13005 1 31 02 12 54 44 105 SHEILA 2002 - 200138 2000053357 BYRD , CALLIE B LIFE ESTATE 13005 1 31 02 15 43 01 121 CATHY 2001 - 036706 2000073380 JOHNSTON FARMS LTD 33877 2 1 02 12 52 33 124 JAMES 2001 - 035779 2000083992 JOHNSON , LARRY 62613 2 1 02 15 28 55 105 SHEILA 2001 - 202065 2000053367 GARDNER , NANCY W 30418 2 1 02 15 29 42 105 SHEILA 2001 - 202064 2000053367 GARDNER , NANCY W 30418 2 1 02 15 30 22 105 SHEILA 2001 - 202063 2000053367 GARDNER , NANCY W 30418 2 4 02 15 00 43 124 JAMES 2001 - 018216 2000076003 DAVIS , ANN M ARIE 21777 2 5 02 12 23 34 124 JAMES 2001 - 005449 2000075863 BAR NES , ROBER T LEW IS 32181 2 5 02 12 59 30 124 JAMES 2001 - 011224 2000031291 BY RD S WHO LESAL E IN C T A 32064 2 5 02 13 24 23 124 JAMES 2000 - 001630 18021473 AMIS CHILDS PLAY DAY 12494 2 5 02 13 24 47 124 JAMES 2001 - 001748 18021473 AMIS CHILDS PLAY DAY 12494 2 5 02 13 29 48 124 JAMES 2000 - 057292 2000049125 ROGERS , GWENDOLYN I 15367 2 5 02 13 30 13 124 JAMES 2001 - 060282 2000049125 ROGERS , GWENDOLYN I 13994 2 5 02 15 10 03 105 SHEILA 2002 - 200121 70000580 PHILLIPPI , FRED L SR 18518 2 5 02 15 10 48 105 SHEILA 2002 - 200122 70000580 PHILLIPPI , FRED L SR 18518 2 5 02 15 11 45 105 SHEILA 2002 - 200123 70000580 PHILLIPPI , FRED L SR 18518 2 6 02 13 49 21 105 SHEILA 2001 - 019695 2000071234 DOSS , BILLY & 44046 2 6 02 13 50 30 105 SHEILA 2001 - 019696 2000071408 DOSS , CHARLENE D 23715 2 8 02 16 37 08 105 SHEILA 2002 - 200228 2000058988 HOLT , DAVID CLAY JR & 50922 2 8 02 16 38 51 105 SHEILA 1999 - 058585 2000043332 SON - LAN DEVELOPMENT CO INC 65622 2 8 02 16 40 30 105 SHEILA 2000 - 061165 2000043332 SON - LAN DEVELOPMENT CO INC 65722 2 8 02 16 43 14 105 SHEILA 2001 - 064410 2000043332 SON - LAN DEVELOPMENT CO INC 65322 2 8 02 16 43 33 121 CATHY 2001 - 023726 30783620 FLOW ERS , JIM MY R T A 19995 2 8 02 16 49 09 121 CATHY 2000 - 203308 2000076003 DAVIS , ANN M ARIE 24167 2 11 02 16 22 17 121 CATHY 1998 - 001428 2000004977 ALLEN , ZEB 10202 2 11 02 16 47 08 121 CATHY 2001 - 069531 2000039624 THOMPSON CONSTR CO OF + 48711 2 13 02 8 42 50 124 JAMES 2001 - 039854 2000076538 LANE , RALPH 13994 2 14 02 10 23 58 105 SHEILA 2001 - 019186 25167170 DESERT PINES INC 18880 2 14 02 10 47 29 105 SHEILA 2000 - 018244 25167170 DESERT PINES INC 18910Page1806 2 14 02 10 49 23 105 SHEILA 1999 - 017556 25167170 DESERT PINES INC 18910 2 14 02 15 50 42 105 SHEILA 1996 - 047120 2000039834 SANTAMARIA , JAIME TORUNO 13772 2 15 02 16 22 15 124 JAMES 2001 - 025534 2000083220 GLOBAL COMM RESOURCES INC + 28309 2 15 02 16 45 31 124 JAMES 1998 - 008070 2000059371 BRANCH , SHONDA 18815 2 15 02 16 46 02 124 JAMES 1999 - 008309 2000059371 BRANCH , SHONDA 17404 2 15 02 16 46 34 124 JAMES 2001 - 201949 2000059371 BRANCH , SHONDA 17614 2 15 02 16 47 04 124 JAMES 2001 - 009038 2000059371 BRANCH , SHONDA 14618 2 15 02 17 01 02 105 SHEILA 1997 - 013067 21103001 CREECH , DAVID RAY 36053 Refund Report for Real Personal Property 1 23 02 15 00 09 165 JAN 2001 - 050651 2000055361 NEUSE PARK DEVELOPMENT CO , 20460 # 3199 1 23 02 15 06 53 125 LINDA 2001 - 056508 71948480 POPE , RANDY JAMES & GWENDO 38201 # TRAN 1 23 02 15 53 34 125 LINDA 2001 - 060566 2000040290 ROSE , SANDRA A 48023 # SECU 1 23 02 16 26 59 121 CATHY 2001 - 074531 2000076160 WHITLEY , CHARLES O + 1,38175 # 2140 1 25 02 14 12 47 121 CATHY 2001 - 017281 2000074644 CRUMPLER , BEN CALVIN 24056 # M O 1 25 02 15 43 42 121 CATHY 2000 - 072702 2000059685 WOLFE , LAURIE 16890 # 3581 1 29 02 9 01 05 187 RENEE 2001 - 064486 2000041425 SON - LAN DEVELOPMENT CO INC 96902 # 1596 1 29 02 16 29 45 121 CATHY 2001 - 068417 2000077505 TACKETT , SALLY A 12804 # FLEE 1 29 02 16 31 40 121 CATHY 2001 - 072605 2000076959 WARD , NELL G LIFE ESTATE 79889 # REMT 1 30 02 11 37 05 121 CATHY 2001 - 071768 90363295 VINC ELL , JOHN H ENRY III 16910 # REMT 1 30 02 14 38 20 165 JAN 2001 - 001129 2000005035 ALLEN , GARY DENTON 12600 # GARN 1 31 02 10 19 46 189 TERI 2001 - 065633 82273387 STANDRIDGE , ELDON 46222 # 3652 1 31 02 15 44 04 121 CATHY 2001 - 036706 2000073380 JOHNSTON FARMS LTD 33877 # REMT 2 1 02 15 16 14 121 CATHY 2002 - 200186 2000081412 GARDNER , W F & OTHERS 35152 # NONE 2 5 02 9 50 21 121 CATHY 2001 - 043049 2000079204 LINWOOD JONES BUILDER INC 27015 # 2300 2 5 02 11 02 38 165 JAN 2001 - 043049 2000079204 LINWOOD JONES BUILDER INC 53484 # 2300 2 5 02 11 26 04 165 JAN 2001 - 015519 20252121 CORBETT , BILLY & ZELDA 10835 # 1820 2 5 02 17 31 14 187 RENEE 2001 - 032551 41748480 HOWARD , ELWOOD 10000 # 3209 2 6 02 9 10 21 121 CATHY 2001 - 036611 2000065958 JOHNSON , WILLIAM E & 15304 # REMT 2 6 02 9 12 33 121 CATHY 2001 - 036615 47173157 JOHNSON , WILLIAM EDWARD 17802 # REMT 2 6 02 14 03 49 125 LINDA 2001 - 027745 2000071829 HALL , KELVIN L & 54209 # LERA 2 8 02 16 44 19 121 CATHY 2001 - 023726 30783620 FLOW ERS , JIM MY R T A 20395 # 7220 2 11 02 11 44 43 125 LINDA 2001 - 031975 2000070665 HOMES BY GREG JOHNSON INC 21817 # COUN 2 11 02 16 24 57 121 CATHY 1998 - 001428 2000004977 ALLEN , ZEB 10202 # REMT 2 11 02 16 47 56 121 CATHY 2001 - 069531 2000039624 THOMPSON CONSTR CO OF + 48711 # REMT 2 14 02 10 46 51 121 CATHY 2001 - 050652 2000055361 NEUSE PARK DEVELOPMENT CO , 20460 # REMT February 22 , 2002 This to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 1 20 02 - 02 19 02 Tax refunds - Personal Real Property 2,28390 Tax releases - Personal Real Property 3,77947 Motor Vehicle releases refunds 2,35485 Recommended Approved John R Massey Pat Goddard , Tax Administrator County Finance Officer 13 Report on Collection of Delinquent Taxes Tax Administrator , Pat Goddard , updated the Board on the collection of delinquent taxes for the month of February 2002 Methods used for collections were garnishments , bank attachments , levies , and foreclosure As of February 28 , 2001 , the County had a total of 867,30234 in delinquent real estate taxes due representing years 1992 through 2000 For the year 2001 , there are 6235 bills due in an amount of 2,671,26043 Ms Goddard noted the collection rate at the end of February was over 94 ; however the motor vehicle tax rate is considerably lower Concerning the upcoming revaluation , she commented that everything is moving along nicely She stated her office is making a conscience effort to move toward in - house revaluations for the future , and noted with the geographic position and growth in the County , it will probably need to be done in fewer than eight years 14 Public Hearing Scheduled for Annexation of Water Districts Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board scheduled a public hearing for April 1 , 2002 to hear comments on proposed annexation into the Brogden Water District [ This hearing was postponed until a later date at the March 11 , 2002 meeting in order to include additional requests for annexation into the district ]Page2807 15 County Budget Deficit Created by the State Withholding of Reimbursements Commissioner Fred Smith moved the Board approve the following measures , as recommended by the County Manager , Rick Hester , for offsetting the 12 million budget deficit created by the Governor’s decision to withhold reimbursements and other anticipated revenue Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote lt; Based on the original agreement with the Board of Education on June 20,2001 , the County will reduce the Capital Outlay budget by 300,000 with the understanding if any or all of the State reimbursements are released to the County , a pro - rata amount of the 300,000 will be given back , based on the schools ’ portion being 25 of the total offsetting funds lt; County Agencies together are to return funds from their budgets in an equal amount of 300,000 , with the understanding if the State funds are released , these funds would also be returned to the agencies on the same pro - rata basis , understanding that this 300,000 represents 25 of the total offsetting funds lt; The remaining funds , up to 600,000 , would come from the County’s fund balance Commissioner Smith commended the County Manager for his leadership in this matter and noted this sends a message to everyone concerned about the way things will possibly be for the upcoming FY 2002 - 03 budget 16 Items for Discussion at Board Retreat , March 15 , 2002 The Board agreed to discuss the following items at its upcoming Board retreat on March 15 , 2002 lt; Budget lt; Economic Development lt; Revaluation lt; 10 year Capital and Finance Plan lt; Open Space - land vs fee in lieu lt; Residency Requirement for employees and board appointees There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote __________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage