October 4, 1999 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 596 October 4 , 1999 The Johnston County Board of Commissioners met in regular session Monday , October 4 , 1999 , at 1000 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members Present James H Langdon , Jr , Cookie Pope , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart , and Allen L Mims , Jr Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , Attorney , and John R Massey , Finance Officer 1 Minutes - September 7 , 13 , 1999 Chairman James H Langdon , Jr asked if there were corrections to the minutes of the September 7 , 13 , 1999 board meetings There being no corrections , the Chairman declared the minutes approved as presented Public Comments 2 “ Friend of the Taxpayers ” Award Presented to Board Members Chuck Fuller with the NC Citizens for Sound Economy presented “ Friend of the Taxpayers ” certificates to the Commissioners for their efforts in planning for school capital needs without a tax increase Mr Fuller complimented Johnston County for involving the community by appointing the Futures Committee to do a study and make recommendations before they took action by calling for a bond referendum On behalf of his organization he offered support for the passage of the 80 million bond issue 3 Homes Destroyed by Hurricane Floyd John and Jasper Everette , residents of Buckleberry Road in the southeastern portion of the County , asked the Board for help in obtaining some public assistance The homes of both men were condemned due to flooding associated with Hurricane Floyd They explained they do not have the money for necessary repairs , and have no where else to live Chief Building Inspector , C P Thompson , explained a total of thirty - nine homes and two businesses in the County have been condemned because of the storm Some are damaged beyond repair , but others could be renovated to be made habitable again The Board expressed tremendous concern for all the people who were left homeless following the hurricane Staff offered to take these gentlemen to the Emergency Management Services Department to find out what type of help is available Department of Social Services Director , Earl Marett , who was present at the meeting , also spoke briefly with the Everettes about services his department offers 4 Storm Debris on Highway Right of Way Edward Moore , resident of Diane Circle in the western portion of the County , asked the Board for assistance in getting the NC Department of Transportation to pick up storm debris along roadways He noted many residents have cut up downed trees and need the stacked wood picked up County Manager , Rick Hester , stated the local NCDOT Maintenance Office has indicated they will not be picking up yard debris following this storm He noted , however , that he would check with them again to see if this has changed 5 Live Christmas Trees in Public Buildings Tommy Naylor of Benson spoke on behalf of the Christmas Tree Growers Association concerning the use of live Christmas trees in public buildings Mr Naylor stated that last year the previous County Manager , Richard Self , issued a ban on the use of live trees in County buildings He asked the Board to lift the ban or , at least , modify it so those who want to can have a live tree for the holidays He suggested that trees purchased from local tree farms are so fresh they are not a fire risk With dailyPage597 watering and proper location away from a heat source , they will last much longer than the traditional holiday He also pointed out live trees do not have to have electric lights to be pretty He presented a number of statistics about the Christmas Tree industry in North Carolina and noted our state is second only to Oregon in Christmas Tree production C P Thompson pointed out the memo sent by the former manager was because of a State mandate from the NC Department of Insurance The State will only allow trees that are sprayed with a fire retardant or living trees with their root system in place and covered with burlap Board members thanked Mr Naylor for bringing this to their attention and agreed to look into this matter 6 Inspections Department - Storm Damage Assessment Update C P Thompson , Chief Building Inspector , informed the Board the damage assessment associated with Hurricane Floyd has reached 10,897,000 in structural loss Earl Marett , DSS Director , stated his agency is making every effort possible to help these displaced residents Following the storm , DSS took over 2,000 applications for emergency food stamps 7 Public Hearing - Time Warner TV Franchise Advertised - 9 17 ; 9 24 - The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board concerning the proposed transfer of the Time Warner - Franch Franchise to Time Warner Entertainment Advance - Newhouse When no one spoke , the Chairman closed the public hearing First Vote on Resolution Approving Transfer of Franchise Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board adopted the following resolution RESOLUTION OF THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY , NORTH CAROLINA , APPROVING THE CHANGE IN CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE WHEREAS , TWFanch - one Co , a general partnership “ TWF ” , is the duly authorized holder of a franchise , as amended to date the “ Franchise ” , authorizing TWF to serve the County of Johnston , North Carolina the “ Franchise Authority ” and to operate and maintain a cable television system ; and WHEREAS , the partners of TWF are Time Warner Entertainment Company , L P “ TWE ” , Time Warner Cable Holdings , Inc , a wholly - owned subsidiary of TWE together with TWE , the “ Time Warner Partners ” , Fanch Cablevision of Indiana , L P and Hornell Television service , Inc together , the “ Fanch Partners ” ; and WHEREAS , the partners of TWF have entered into a Redemption and Distribution Agreement the “ Agreement ” , whereby TWF has agreed to redeem the interests of the Fanch Partners in TWF , pursuant to which control of TWF will change from the Fanch Partners to the Time Warner Partners the “ Change in Control ” The Time Warner Partners will , after such redemption , own 100 of TWF TWF will continue to be the authorized holder of the Franchise The Change in Control is subject to the approval of the Franchise Authority ; and WHEREAS , to the extent the Franchise requires , TWF now seeks approval of the Change in Control and has filed an FCC Form 394 with the Franchise Authority with respect thereto ; and WHEREAS , the Franchise Authority has investigated the qualifications of TWE and finds it to be a suitable transferee of control of TWF NOW , THEREFORE , BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS 1 The Franchise Authority hereby consents to and approves the Change in Control to the extent such consent is required by the terms of the Franchise or applicable law 2 The foregoing consent to the Change in Control shall be effective upon the date upon which the Fanch Partners ’ interest in TWF is redeemed by TWF Notice of such date shall be given to the Franchise Authority 3 This Resolution shall have the force of a continuing agreement with TWF , and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of TWF Page598 th Adopted this the 4 day of October , 1999 8 Presentation - MGT Performance Audit Steve Metcalf and Steven Humphrey with MGT of America discussed with the Board their proposal for a performance audit of County departments and agencies They went over the scope of the proposed project recommending an initial phase consisting of an overview of the entire governmental process , followed by a concentrated focus on areas the Board might feel warrant a closer look The overview phase of the study would last between two and three months They offered to answer any questions the Board might have Commissioner Thomas M Moore asked if MGT had talked with the School Board about a similar audit In response , Mr Metcalf noted he spoke informally about this with the Superintendent of Schools , Dr Jim Causby , and felt there was some interest ; however , there has been no further communication about the matter Commissioner Eleanor N Creech stated she would support the study being done , but feels strongly the Board needs to follow up on the recommendations , even if it means adding additional positions in areas that are found to be understaffed Following discussion , Commissioner Thomas M Moore moved the Board approve the following budget amendment and hire MGT of America to complete an overview performance study of County departments and agencies Commissioner Moore further moved the Board go on record encouraging the Johnston County School Board to have a similar study performed Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 46000400 Professional Fees 40,00000 10 58555710 Contingencies 40,00000 9 Public Hearing - Proposed Solid Waste Ordinance Advertised - 9 17 99 and 9 24 99 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed Solid Waste Ordinance There being no comments from the audience , the Chairman closed the public hearing 10 Solid Waste Ordinance Adopted Commissioner Wade M Stewart stated he has talked with citizens in the County who feel the compaction sites should be open to all citizens without charge They maintain that free sites would prevent people from dumping waste illegally along the roads and in wooded areas Commissioner Eleanor N Creech noted the old system of free , unmanned “ green boxes ” did not work out well for the County The places were unsightly and caused much concern from residents who lived nearby She noted the current situation might not be the best , but it is certainly better than what the County had before Commissioner Jerry F Wood agreed and pointed out the tremendous cost of operating and maintaining the landfill makes it necessary now for the County to charge these fees Commissioner Thomas M Moore stated he pushed for this ordinance in order to give some authority and enforcement power to the Sheriff’s department to control the amount of littering along the County’s roads and the improper dumping of garbage on people’s property The proposed ordinance addresses these matters and sets fines that will hopefully get the attention of perpetrators He noted the County is already subsidizing approximately one - half of the cost of operating the compaction sitesPage599 approximately 400,000 and asked where the rest of the money would come from if the decals are discontinued Haywood Phthisic , Director of Operations for Public Utilities , and Attorney Mark Payne explained this ordinance would change the charge for violation from a criminal matter to a civil citation No longer would these cases have to go through the criminal court system , where they have often been dismissed Enforcement under the proposed ordinance would be through the County as opposed to the courts The Board discussed the need to make sure this ordinance is used to correct situations of abuse , not to cause problems or create hardships for citizens It was stressed that staff needs to be trained and common sense needs to be used in enforcing this ordinance Following further discussion , Commissioner Thomas M Moore moved the Board replace the existing Solid Waste Management Ordinance by adopting the proposed Solid Waste and Recycling Ordinance as presented establishing the smaller of the proposed penalties except in the case of illegal dumping in waterways and littering in highway right - of - ways where the higher penalty would be imposed Commissioner Allen L Mims , Jr seconded the motion which carried by the following vote AyesJames H Langdon , Jr , Cookie Pope , Jerry F Wood , Eleanor N Creech , Thomas M Moore , and Allen L Mims , Jr No Wade M Stewart SOLID WASTE AND RECYCLING ORDINANCE ARTICLE I TITLE This Ordinance shall be known any may be cited as the SOLID WASTE AND RECYCLING ORDINANCE OF JOHNSTON COUNTY , NORTH CAROLINA ARTICLE II PURPOSE The purpose of this Ordinance is to regulate the storage , collection , and disposal of solid waste in Johnston County and also to promote the removal of recyclable items from the solid waste stream Unless otherwise indicated , this ordinance applies to both publicly - owned and privately - owned solid waste management facilities located in the unincorporated areas of Johnston County ARTICLE III AUTHORITY Johnston County hereby enacts this Ordinance pursuant to Chapters 130A and 153A of the North Carolina General Statutes ARTICLE IV JURISDICTION On and after the fourth day of October , 1999 this ordinance shall govern solid waste management and recycling in Johnston County , North Carolina ARTICLE V DEFINITIONS A The following definitions shall apply in the interpretation and enforcement of the Ordinance 1 Board Board of Commissioners of Johnston County 2 Closure The cessation of operation of a solid waste management facility and the act of securing the facility so that it will pose no significant threat to human health or the environment 3 Collection The act of removing solid waste from a point of generation to a central storage point or to a disposal site and from a central storage point to a disposal site 4 Commercial Solid Waste Solid waste generated by stores , offices , restaurants , warehouses , and other non - manufacturing activities excluding residential , industrial , and institutional wastes 5 Construction or Demolition Waste Solid waste resulting solely from construction , remodeling , repair , or demolition operations on building , or other structures but does not include inert , land - clearing or yard waste debris or used asphalt mixed with dirt , sand , gravel , rock , concrete , or similar non - hazardous material 6 County Johnston County , North Carolina 7 Department The North Carolina Department of Environment and Natural Resources DENR 8 Director The Johnston County Director of Utilities who is the administrator designated with the responsibility for the solid waste program and enforcement of this solid waste ordinance , or his her designated representative 9 Division The Johnston County Division of Solid Waste Management 10 Disposal The discharge , deposit , injection , dumping , spilling , leaking or placing of any solid waste into or on any land or water so that the solid waste may enter the environment or be emitted into the air or discharge into any waters , including groundwater 11 Garbage means all putrescible wastes , including animal offal and carcasses , and recognizable industrial by - products , but excluding sewage and human waste 12 Hazardous Waste A solid waste , or combination of solid wastes , which because of its quantity , concentration or physical , chemical or infectious characteristics may a Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness ; or b Pose a substantial present or potential hazard to human health or the environment when improperly treated , stored , transported , disposed of or otherwise managed 12 Hazardous Waste Facility A facility for the collection , storage , processing treatment , recycling , or recovery ofPagePage pageNumber5600 hazardous waste 13 Hazardous Waste Generation The act or process of producing hazardous waste 14 Hazardous Waste Disposal Facility Any facility or any portion of a facility for disposal of hazardous waste on or in any land 15 Health Director The Director of the Johnston County Health Department , or his her authorized agent 16 Incineration The process of burning solid , semi - solid , or gaseous combustible wastes to an inoffensive gas and residue containing little or no combustible material 17 Industrial Solid Waste Solid waste generated by manufacturing or industrial processes that is not hazardous waste regulated under Subtitle C of RCRA This term does not include mining waste or oil and gas waste 18 Inert Debris Solid waste which consists solely of material that is virtually inert and likely to retain its physical and chemical structure under expected conditions of disposal 19 Infectious Waste a Equipment , instruments , utensils and fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must therefore , be isolated as required by public health agencies b Laboratory wastes , such as pathological specimens eg all tissues , specimens of blood elements , excreta and secretion from patients or laboratory animals and disposable fomites any substance that may harbor or transmit pathogenic organisms attendant thereto ; c Surgical operating room pathologic specimens and disposable fomites attendant thereto , and similar disposable materials from outpatient areas and emergency rooms 20 Institutional Solid Waste Solid waste generated by educational , health care , correctional , and other institutional facilities , excluding residential , commercial , and industrial waste 21 Land Clearing Debris Solid waste which is generated solely from land clearing activities , excluding construction and demolition waste 22 Landfill A discrete area of land or an excavation that receives non - hazardous solid waste and is not a land application unit , surface impoundment , injection well , or waste pile , as defined under 40 CFR Part 257 A landfill may be publicly or privately owned 23 Manager The County Manager of Johnston County , North Carolina or his her designee 24 Medical Waste Any solid waste which is generated in the diagnosis , treatment or immunization of human beings or animals , in research pertaining thereto , or in the production or testing of biologicals , but does no include any hazardous waste identified or listed pursuant to this Article , radioactive waste , household waste as defined in 40 Code of Federal Regulations 2614 b 1 in effect on July 1 , 1989 , or those substances excluded from the definition of “ solid waste ” in this section 25 Natural Resources All materials which have useful physical or chemical properties which exist , unused , in nature 26 Open Dump A solid waste disposal site that does not have a permit and or does not comply with the rules set forth in this ordinance 27 Operator Any person , including the owner , who is principally engaged in , and is in charge of , the actual operation , supervision , and maintenance of a solid waste management facility and includes the person in charge of a shift or periods of operation during any part of the day 28 Pathological Wastes Human tissues , organs , body parts , secretions and excretions , blood and body fluids that are removed during surgery and autopsies , and carcasses and body parts of any animals that were exposed during research to pathogens that are potentially dangerous to humans , were used in the production of biologicals or in vivo testing of pharmaceuticals , or that died with a known or suspected disease transmissible to humans 29 Person An individual , corporation , company , association , partnership , unit of local government , state agency , federal agency or other legal entity 30 Processing Any technique designed to change the physical , chemical or biological character or composition of any solid waste so as to render it safe for transport ; amenable to recovery , storage or recycling ; safe for disposal ; or reduced in volume or concentration 31 Radioactive Waste Material Waste containing any material , whether solid , liquid , or gas , that emits ionizing radiation spontaneously 32 Recovered Materials Those materials which have known recycling potential , can be feasibly recycled , and have been diverted or removed from the solid waste stream for sale , use or reuse by separation , collection or processing 33 Recycling The process by which solid waste or recovered materials are collected , separated , or processed , and reused or returned to use in the form of raw materials or products 34 Recyclable Materials Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste 35 Refuse All nonputrescible waste 36 Resource Recovery The process of obtaining material or energy resources from discarded solid waste which no longer has any useful life in its present form and preparing the solid waste for recycling 37 Reuse A process by which resources are reused or rendered usable 38 Sanitary Landfill A facility for disposal of solid waste on land in a sanitary manner in accordance with the rules concerning sanitary landfills adopted under this Article 39 Scrap Tires A tire that is no longer suitable for its original , intended purpose because of wear , damage , or defect 40 Septage Waste that is a fluid mixture of untreated and partially treated sewage solids , liquids and sludge of human or domestic origin which is removed from a septic tank system 41 Sharps Needles , syringes , and scalpel blades 42 Sludge Any solid , semisolid or liquid waste generated from a municipal , commercial , institutional or industrial wastewater treatment plant , water supply treatment plant or air pollution control facility , or any other waste having similar characteristics and effects 43 Solid Waste Any hazardous or nonhazardous garbage , refuse or sludge from a waste treatment plant , water supply treatment plant or air pollution control facility , domestic sewage and sludge’s generated by the treatment thereof in sanitary sewage collection , treatment and disposal systems and other material that is either discarded or is being accumulated , stored or treated prior to being discarded or has served its original intended use and is generally discarded , including solid , liquid , semisolid or contained gaseous material resulting from industrial , institutional , commercial and agriculture operations , and from community activities The term does not include PagePage pageNumber6601 a Fecal waste from fowls and animals other than humans ; b Solid or dissolved material in 1 Domestic sewage and sludge’s generated by treatment thereof in sanitary sewage collection , treatment and disposal systems which are designed to discharge effluents to the surface waters ; 2 Irrigation return flows ; and 3 Wastewater discharges and the sludge’s incidental to and generated by treatment which are point sources subject to permits granted under Section 402 of the Water Pollution Control Act , as amended P L 92 - 500 , and permits granted under NCGS 143 - 2141 by the Environmental Management Commission However , any sludge’s that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purpose of this Ordinance c Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the General Statutes However , any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article ; d Any source , special nuclear or by - product material as defined by the Atomic Energy Act of 1954 , as amended 42 USC 2011 e Mining refuse covered by the North Carolina Mining Act , NCGS 74 - 46 through 74 - 68 and regulated by the North Carolina Mining Commission as defined under NCGS 143B - 290 However , any specific mining waste under RCRA shall also be a solid waste for the purposes of this Article 45 Solid Waste Collector Any person who collects or transports solid waste 46 Solid Waste Container A container used for the temporary storage of solid waste or recyclables while awaiting collection 47 Solid Waste Container Site Any placed owned , leased , or operated by Johnston County at which solid waste containers have been placed 48 Solid Waste Disposal Site Any place at which solid wastes are disposed of by incineration , sanitary landfill or any other method 49 Solid Waste Management Purposeful , systematic control of the generation , storage , collection , transport , separation , treatment , processing , recycling , recovery and disposal of solid waste 50 Solid Waste Management Facility Land , personnel and equipment used in the management of solid waste 51 Solid Waste Manager The Manager of the Johnston County Solid Waste Division 52 Special Wastes Solid wastes that can require special handling and management , including white goods , whole tires , aluminum , used oil , lead - acid batteries , asbestos , medical wastes and household hazardous wastes 53 Storage The containment of solid waste , either on a temporary basis or for a period of years in a manner which does not constitute disposal 54 Transfer Facility A permanent structure with mechanical equipment used for the collection or compaction of solid waste prior to the transportation of solid waste for disposal 55 Treatment Any method , technique or process , including neutralization , designed to change the physical , chemical or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous , safer for transport , amenable for recovery , amenable for storage or reduced in volume “ Treatment ” includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous 56 Unit Of Local Government A county , city , town or incorporated village 57 Used Oil Any oil which has been refined from crude oil or synthetic oil and as a result of use , storage , or handling has become unsuitable for its original purpose 58 White Goods Inoperative and discarded refrigerators , ranges , water heaters , freezers and other similar domestic and commercial large appliances 59 Yard Waste Solid waste consisting solely of vegetative matter resulting from landscaping maintenance B The following definitions shall apply in the interpretation and enforcement of this ordinance as it relates to oil and used oil 1 “ Public used oil collection center ” means a Automotive service facilities or governmentally sponsored collection facilities , which in the course of business accept for disposal small quantities of used oil from households ; b Facilities which store used oil in above ground tanks , which are approved by the Department DENR and which in the course of business accept for disposal small quantities of used oil from households 2 “ Used oil ” means any oil which has been refined from crude oil or synthetic oil and as a result of use , storage , or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties , but which may be suitable for further use and is economically recyclable 3 “ Used oil recycling facility ” means any facility that recycles more than 10,000 gallons of used oil annually ARTICLE VI GENERAL CONDITIONS A All solid waste management in Johnston County shall be in accordance and in compliance with “ Solid Waste Management Rules ” as set forth by the Department DENR , as from time to time amended B All solid waste shall be stored , collected , transported , treated , and processed , reclaimed , recycled , and disposed of in a manner consistent with the requirements of this ordinance C The Division shall be charged with the responsibility for administration , supervision , and execution of regulations pertaining to the management of solid waste Enforcement of the regulations of this ordinance shall be the responsibility of the Johnston County Sheriff’s Department and its designated Solid Waste Officer However , certain designated Division personnel may assess civil penalties under this ordinance D Nothing In this ordinance shall be construed to restrict in any way the authority and applicability of the provisions of the Johnston County Zoning Ordinance regarding junk and junkyard as defined by the zoning ordinance ARTICLE VII SOLID WASTE DISPOSAL A No owner , occupant , tenant or lessee of any property may deposit , store or permit to accumulate any solid waste upon his property that is not stored or disposed of in a manner prescribed by this ordinance B The owner , occupant , tenant or lessee of any property shall remove or cause to be removed all solid waste from his property at a frequency rate that will control odor , rodents , and other nuisance conditions The recommendedPagePage pageNumber7602 frequency rate is once per week C Garbage shall be stored only in containers that are durable , nonabsorbent , nonleaking , and easily cleaned Containers should have a close fitting , fly tight cover in place and adequate handles or bails to facilitate handling In addition to the containers described above , solid waste may be stored in other containers that are adequate and suitable receptacles Garbage placed in receptacles that do not have a fly tight cover shall be wrapped , bagged or enclosed in paper or plastic material Each container shall be kept clean so that no other nuisance condition exists D Solid waste shall be stored in a manner that will not provide harborage to rodents and vermin and will not create a fire hazard E No owner , occupant , tenant or lessee of a building or dwelling , other than a licensed salvage and recycling operation , may place or leave or cause to be placed or left outside the building or dwelling , any bulky wastes for longer than 1 week F No owner , tenant or lessee of any building or dwelling , may leave outside the building or dwelling , in a place accessible to children , any abandoned or unattended icebox , refrigerator or other receptacle that has an airtight door without first removing the door ; provided however , that any icebox , refrigerator , freezer of other receptacle that has an airtight door , may be securely locked to prevent children from gaining access G No person may discard , dispose , leave , or dump any solid waste on or along any street or highway or on a public or private property unless such solid waste is placed in a receptacle or at a location designated for the deposit of solid waste H Construction waste must be disposed of at disposal sites approved and permitted by the Department DENR or as permitted pursuant to NC General Statue Section 130A - 3012 I Regulated medical , hazardous , and radioactive waste must be disposed of according to written procedures approved by the Department DENR J All sharps must be placed in a sealed , puncture - proof container and disposed of separately from other waste K Open burning of solid waste is prohibited pursuant to 15A NCAC 201903 L It is anticipated that each person in Johnston County will be offered collection service by a municipality , a private solid waste collector , or use one of the County’s rural solid waste convenience sites Any person not using a municipality , private collector , or one of the County’s sites , will be required , upon request , for cause or as a result of complaints received by Johnston County , to explain and show to the Division or Enforcement Officer the method and means of disposal of his or her solid waste and where such waste is being disposed M No person , solid waste collector , or company shall dump or deposit yard waste , white goods , large volumes of aluminum cans , used oil , whole tires , or lead acid batteries into any County - owned sanitary landfill Except as authorized by State and County regulations Any person found to have done so shall remove such waste immediately upon being requested to do so by a representative of the County If the person depositing any such waste fails to remove it upon request of the County , the waste will be removed by County representatives and deposited in an appropriate waste management facility The person who illegally deposited the waste shall be billed by the County for all of its costs incurred in removing , transporting , and properly disposing of the waste from the sanitary landfill No person , solid waste collector , or company shall dispose hazardous or liquid wastes in any County - owned landfill O No person , solid waste collector , or company shall dispose of solid waste , except by one of the following methods , provided that this section shall not be construed to prevent any person from properly disposing of solid waste from his own residence on his own property in a safe and sanitary manner consistent with this Ordinance and State regulations 1 Sanitary landfill which has been approved by the Department of Environment and Natural Resources 2 Convenience and Recycling Centers operated by Johnston County for individual households in the county 3 Incinerator which meets all requirements of the local , state and federal air pollution standards and has been approved by the appropriate state and federal agencies 4 Construction demolition landfill approved by appropriate County , State and Federal Agencies 5 By any other methods including reclaiming or recycling processes which have been approved by the Department DENR ARTICLE VIII JOHNSTON COUNTY LANDFILL OPERATING POLICIES The Utility Director shall develop a written operating policy for the county landfill This policy will be adopted by the Board of Commissioners and may be changed from time to time by approval of the Board ARTICLE IX LICENSING OF SOLID WASTE COLLECTORS This section is reserved for future licensing of solid waste collectors ARTICLE X JOHNSTON COUNTY SOLID WASTE CONTAINER & RECYCLING SITES The County operates and maintains numerous sites throughout the county for the convenience of its residents to dispose of their household waste These sites are equipped with containers for household waste and recyclable materials All users disposing of solid waste are required to display a valid solid waste disposal decal on the vehicle transporting the garbage or have the decal and a copy of the decal receipt proof of payment for the vehicle Users disposing of acceptable recyclable materials are not required to possess a solid waste decal The Utility Director shall develop a written operating policy for the container sites This policy will be adopted by the Board of Commissioners and may change from time to time by approval of the Board ARTICLE XI TRANSPORTATION OF SOLID WASTE No individual shall transport solid waste , demolition construction landscape waste , or yard waste in any vehicle or container unless the waste is covered by being in an enclosed vehicle or container or otherwise adequately covered by a metal or fabric cover ; provided , however , a person may transport loads consisting solely of limbs if they are securely tied to the motor vehicles or trailer The driver and or owner of said vehicle shall be cited for violation of this Ordinance as provided in Article XIV The Enforcement Officer shall not unreasonably exercise his authority in the enforcement of this ordinance ARTICLE XII UNAUTHORIZED DUMPS Reserved for future codification ARTICLE XIIIPagePage pageNumber8603 LITTERING AND UNAUTHORIZED DUMPING A It shall be unlawful for anyone to dispose of solid waste in an open dump except on their property B It shall be unlawful to leave solid waste at a recycling and convenience center or landfill unless there is a county employee on duty to direct and supervise the disposing of the solid waste at the site C It shall be unlawful for any person to litter at Recycling and Convenience Centers Littering shall include dumping solid waste in a solid waste container and causing the container to overflow It shall be unlawful for any person to dump solid waste at a landfill except in areas designated by the landfill operators on duty All costs incurred by Johnston County in the collection and removal of litter at a Recycling and Convenience Center or landfill , or in the collection and proper disposition of unauthorized dumping at a landfill shall be recoverable from the person who littered or dumped in violation of this Ordinance and from the person who generated said litter or unauthorized dumped material D If any solid waste disposed of in violation of this Ordinance can be identified as having last belonged to , been in the possession of , sent to or received by or to have been the property of any person prior to being disposed of , such identification shall be presumed to be prime facie evidence that such person disposed of or caused to be disposed of such solid waste in violation of this Ordinance ARTICLE XIV PENALTIES A Criminal Penalties Any person who violates the rules and regulations set forth in this ordinance shall be guilty of a misdemeanor and shall be subject to a fine of not more than two hundred dollars 20000 or imprisonment of not more than thirty 30 days , as specified by NCGS § 144 Each day a violation occurs is a separate violation with respect to the unlawful storage of solid waste B Civil Penalties 1 The Sheriff , the designated Solid Waste Officer , and any Division employee designated as having authority to assess civil penalties under this ordinance are hereby empowered to issue civil citations upon the observance of a violation of this ordinance It is the intent of this ordinance that each person is responsible for the proper management of his own waste and is responsible for all acts involving vehicles and equipment owned by him The owner or operator of a vehicle shall be responsible for dumping , littering and other violations in which his vehicle is used The addressee of first class mail shall be responsible for the proper management of the paper associated with that mail when it becomes waste The presence of first class mail in waste material shall be prima facie evidence that the addressee own that waste The Sheriff , the designated Solid Waste Officer , and any Division employee designated as having authority to assess civil penalties are hereby empowered to allow person s to perform clean up work in lieu if an enforcement action under this Ordinance upon the written request of the person or persons to perform the clean up work 2 The minimum civil penalties for violation of this ordinance shall be as follows a Restitution for Damages The County may seek restitution of damages or extra expenses including the cost of clean up , resulting from any violation of this ordinance The minimum charge for clean up will be 2500 Actual charges will be determined by the Utility Director or authorized personnel If contested the County Board of Adjustment will determine the appropriate amount b Monetary Penalties The minimum civil penalties for violation of this ordinance shall be as follows 1 Scavenging - Unauthorized salvaging of discarded items First offense 2500 Second offense 5000 Subsequent offenses 10000 2 Illegal dumping - Illegal dumping , including dumping prohibited quantities of material at county solid waste facilities , or dumping in unapproved areas First offense 10000 Second offense 20000 Subsequent offenses 30000 3 Dumping in waterways - Illegal dumping in waterways , including streams , creeks , rivers , lakes or ponds First offense 50000 Second offense 100000 Subsequent offenses 150000 4 Illegal burning - Illegal burning of solid waste , wire , tires and other rubber products ; heavy oil ; asphalt materials ; building material , especially asbestos ; paint ; agricultural chemicals ; household chemicals ; shingles ; and asphalt or other petroleum products for the purpose of disposal First offense 20000 Second offense 30000 Subsequent offenses 50000 5 Improper Transportation - Improper transportation , including uncovered trucks and unsecured loads , or improper vehicles by contract haulers of solid waste First offense 10000 Second offense 20000 Subsequent offenses 40000 6 Littering in Johnston County - Littering includes the improper disposal of any solid waste on private or public land and highway right - of - ways , or leaving solid waste at a closed facility First offense 50000 Second offense 100000 Subsequent offenses 150000 7 Failure to remove solid waste - Failure to remove solid waste from property within seven 7 days of notification by the County First offense 10000PagePage pageNumber9604 Second offence 20000 Subsequent offenses 40000 8 Failure to remove bulky waste - Failure to remove bulky waste within seventy - two 72 hours of notification to remove Bulky waste is defined as large items of solid waste such as household appliances , furniture , mattresses , bedding , automobiles , large machinery parts , trees , branches , stumps and other waste whose large size precludes or complicates its handling by normal solid waste collection , processing or disposal methods First offense 10000 Second offence 20000 Subsequent offenses 40000 9 Unauthorized scrap tire collection - Operating a scrap tire collection site containing more than fifty tires without a license First offense 10000 Second offense 20000 Subsequent offenses 40000 10 Violations of County requirements on use of solid waste container and recycling sites First offense 10000 Second offense 20000 Third offense 40000 11 Other offenses listed in this ordinance Each other offense 50000 th Adopted the 4 day of October , 1999 11 Department of Transportation - Additions to System The Board reviewed petitions presented by the North Carolina Department of Transportation requesting the following road be added to the State Secondary System for maintenance Shelby Court in Horseman’s Run Subdivision , Wilders Township Following review , Commissioner Cookie Pope moved the Board concur with the NC Department of Transportations request to add the road listed above to the State Maintained System Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote 12 Department of Social Services - Smart Start Position Approved Earl Marett , Director of Social Services , requested the Board approve an Income Maintenance Caseworker position to work in the Smart Start Child Day Care program Funds from Smart Start nd Administration for the position were approved by the Board at the August 2 meeting Following discussion , Commissioner Jerry F Wood moved the Board approve an Income Maintenance Caseworker position for the Department of Social Services for the Smart Start Child Day Care program , as long as state funds are provided to cover the cost of the position Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote 13 Job Training Budget Modification The Board discussed the request from Job Training for a budget modification for the FY 1999 The modification would add carryover funds from 1998 to the current year budget This would not affect the original Title IIB contract amount In response to a question from Commissioner Wade M Stewart , staff noted the County transfers 50,000 a year into this program Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Eleanor N Creech and carried by following vote , the Board approved the following modification to the Job Training budget Ayes James H Langdon , Jr , Cookie Pope , Jerry F Wood , Eleanor N Creech , Thomas M Moore , and Allen L Mims , Jr No Wade M Stewart Title IIB carryover funds to be added to the Plan Year 1999 budget IIB Administration 76680 IIB Support 23,41544 IIB Total Carryover 24,18224Page0605 Title IIB Plan year 1999 budget per modification # 1 IIB Administration 1,67880 IIB Support 94,89444 IIB Total Budget per Mod # 1 96,57324 Total Job Training Office budget for Plan Year 1999 per modification # 1 is 265,59424 JTPA Title IIA 37,55000 JTPA Title IIC 15,52100 JTPA Title IIA - 5 35,00000 JTPA Title III EDWAA 30,95000 JTPA Title IIB 96,57324 Local Funds 50,00000 TOTAL budget per Mod # 1 265,59424 14 Budget Amendment - Sheriff’s Department Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board adopted the following budget amendment FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51304900 Fixed Charges 77000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513034162 Restitution Revenue 77000 15 Alice J Arnold Trust Fund The Chairman noted that the Alice J Arnold Memorial Trust Fund was established in the early 1980 s and was given to the County to be used “ for the benefit of the rural poor school children of the County by the purchases of medicines for them and any of them when necessary , and by payment on their behalf for their transportation to and from any medical center operated under authority of said county , and for any other purposes for which funds are needed to enable the rural poor school children to maintain or improve their health , so long as the funds shall last ” This money has continued to accrue interest and now amounts to approximately 169,732 Commissioner Eleanor N Creech recommended the Board use the interest that has accumulated over the years for the purpose for which it was donated to the County She suggested 90,000 be equally divided among the three human service agencies , Health , Mental Health and Social Services to be used for children in need DSS Director , Earl Marett , informed the Board this money would provide funds to help those needy children that are not eligible for federal funds through the agency programs Often there are young people who simply “ fall through the cracks ” of the system They have needs such as wheel chairs , eye glasses , and dental work , but no money to pay for these services In the past , churches have tried to help , but there is never enough Some of these children are in foster care , and some don’t qualify for assistance because they are not US citizens Following discussion , Commissioner Eleanor N Creech moved the Board approve the following budget amendment appropriating 90,000 of the Alice J Arnold Trust Fund , allocating 30,000 each to the Health , Mental Health and Social Services Department , to be used for the purpose it was intended when donated to the County Commissioner Creech further moved the three agencies provide a report to the Board at the end of the fiscal year on how these funds have been used Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61006381 Alice J Arnold Funds - DSS 30,00000 10 59454000 School Health Funds 30,00000 10 58559030 Mental Health 30,00000 TOTAL NET EXPENDITURES 90,00000Page1606 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated from Alice J Arnold Donation 90,00000 Acct TOTAL NET REVENUE 90,00000 16 Appointments A Alcoholic Beverage Control Board - 1 position , 3 year term Commissioner Thomas M Moore recommended Eugene Jackson for this position Commissioner Wade M Stewart recommended the Board waive the length of term policy and reappoint Jerry Cox to this position The Chairman called for a vote on the two nominees Voting for Eugene Jackson - Commissioners Cookie Pope , Thomas M Moore and Jerry F Wood Voting for Jerry Cox - Commissioners Eleanor N Creech , Allen L Mims , Jr , James H Langdon , Jr and Wade M Stewart Based on the voting above , the Board waived the length of policy and reappointed Jerry Cox to the ABC Board for a three year term to expire October 2002 B Johnston Memorial Hospital Board of Trustees - 3 positions , 5 year terms The Chairman presented the four applicants ’ names and asked the Board members to vote for three The votes were as follows Allan Boyd - unanimous vote Q K Wall - Commissioners Eleanor N Creech , Thomas M Moore , James H Langdon , Jr and Jerry F Wood Sammy Jackson - unanimous vote Thomas A Stevens - Allen L Mims , Jr , Wade M Stewart , and Cookie Pope Based on the voting above , Allan Boyd and Q K Wall were reappointed and Sammy Jackson was appointed to the Johnston Memorial Hospital Board of Trustees for five year terms to expire October 2004 C Mental Health Board - 3 positions , 4 year terms Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board reappointed Jackie Lacy and Joseph Patterson to the Mental Health Board for four year terms to expire October 2003 D Tourism Authority - 4 positions , 3 year terms The Chairman presented the seven applicants ’ names and asked the Board to vote for four The votes were as follows Doug Oglesby - Commissioners Eleanor N Creech , Jerry F Wood , and Thomas M Moore Bob Dixon - Allen L Mims , Jr , James H Langdon , Jr , Cookie Pope , and Wade M Stewart Todd Johnson - Thomas M Moore , and Eleanor N Creech Ralph Stancil - unanimous vote Craig Olive - James H Langdon , Jr , Jerry F Wood , Wade M Stewart , and Cookie Pope Deirdre Jersey - unanimous vote Lynn Wagner - no votes Based on the vote above , Bob Dixon , Ralph Stancil , Craig Olive and Deirdre Jersey were appointed to the Tourism Authority for three year terms to expire October 2002 E Nursing Home Domiciliary Home Advisory Board - 2 positions , 3 year terms Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Eleanor N CreechPage2607 and carried by unanimous vote , the Board reappointed Lee Ann Mowe and appointed Jennifer Fitzgerald to the Nursing Home Domiciliary Home Advisory Board for three year terms to expire October 2002 F Firemen’s Relief Fund - 1 position for each fire district below - 2 year terms Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board made the following appointments for Firemen’s Relief Fund Board of Trustees in the various fire districts listed below for two year terms to expire October 2001 Archer Lodge - Michael Gordon was appointed Banner - Jackie McLamb was reappointed Bentonville - James Lee Bass was reappointed Beulah - Douglas R Whitley was appointed Blackman’s Crossroads - Lawrence Massengill was reappointed Boon Hill - David C Starling was reappointed Brogden - Norman Denning was reappointed Elevation - James E Johnson was reappointed 50 210 - Earl Ray Honeycutt was reappointed McLemore - Betty Joe Hatcher was reappointed Meadow - William T Johnson , Jr was reappointed Micro - Johnny Jefferson Dixon was reappointed O’Neals - Stan Creech was reappointed PI - LE - Danny Albert Pittman was reappointed Selma - Joe Moore was reappointed Smithfield - Hugh C Talton was reappointed Thanksgiving - William Gerald Fowler was reappointed West Johnston - Bennie Ray Benson was reappointed Wilson’s Mills - Clifford Uzzle was reappointed Wynn - Horace Keene was reappointed G Johnston County Heritage Commission - 1 position , 2 year term Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board appointed Sylvester Holder to the Johnston County Heritage Commission for a two year term to expire October 2001 H Mocassin Creek Service District Board - 1 position representing Selma , 2 year term Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board reappointed Bruce Radford as the Selma representative on the Mocassin Creek Service District Board for a two year term to expire October 2001 17 Proposed Johnston County Clayton Revised Wastewater Agreement The Board discussed at length the proposed revisions to the Johnston County Town of Clayton Wastewater Agreement The initial agreement was adopted in July 1993 and provided for an exchange of wastewater treatment between the two governmental entities The County agreed to take wastewater from the east Clayton industrial area back to the County’s treatment facility and the Town agreed to accept an equal amount of wastewater from the I - 40 42 area into their treatment plant The proposed revisions , among other things , would address the future allocation of the approximately 82,000 gpd unallocated capacity and any excess capacity realized by reconciliation of existing projects Capacities for these existing projects were initially based on the State’s formula , but according to actual usage are thought to be more than is needed Commissioner Thomas M Moore stated , in his opinion , any decision on how the unallocated capacity is used should be totally up to the Board of Commissioners and should not be a part of the mutual agreement between the Town and the County He noted he would support , however , a County policy to reserve a portion of the unallocated capacity for commercial , industrial and institutional He suggested the County also needs to discuss a policy on a time limit for using allocation once it is approved Commissioner Allen L Mims , Jr noted , in his opinion , the revisions to the agreement do not give authority to Clayton to make decisions about the County’s capacity The revisions simply reflect the Board’s decision to reserve this left over capacity for something other than residential usage Page3608 Engineer Tim Broome and Attorney Mark Payne noted the revisions also have clarification on several other issues including the definition of the service area and metering Alternatives were discussed including possible rewording of the proposed revisions Following discussion , Commissioner Cookie Pope moved the Board table any revisions to the mutual wastewater agreement with Clayton at this time , but establish a County policy reserving the 82,000 gpd capacity that is currently unallocated in the County service area for commercial , industrial and institutional use only The motion was seconded by Commissioner Wade M Stewart and carried by unanimous vote Board Recesses Regular Session to Sit as the Brogden and Little Creek Water District Boards Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board recessed regular session to sit simultaneously as the Brogden and Little Creek Water District Boards 18 Resolution Certifying and Declaring Results of Referendum for Brogden Water District The Johnston County Board of Elections certified to the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Brogden Water District the “ District ” that the result of the bond referendum held in the District on September 28 , 1999 , with respect to the proposed 7,000,000 General Obligation Bonds of the Brogden Water District was 148 votes “ For ” approval of the Bond Order and 41 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board Commissioner Jerry F Wood then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 1999 REFERENDUM ON BROGDEN WATER DISTRICT GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners of Johnston County acting as the governing body of the Brogden Water District desires to certify and declare the results of the referendum held September 28 , 1999 ; NOW , THEREFORE , the Board of Commissioners for Johnston County , acting as the governing body of the Brogden Water District , meeting in regular session at Smithfield , North Carolina , on October 4 , 1999 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE BROGDEN WATER DISTRICT 1 The Board hereby certifies and declares the result of the referendum held on September 28 , 1999 , with respect to the proposed 7,000,000 General Obligation Bonds of the District , to be 148 votes “ For ” approval of the Bond Order and 41 votes “ Against ” approval of the Bond Order 2 The affirmative votes of a majority of those voting having been received , the Board hereby certifies and declares that the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE BROGDEN WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 7,000,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT ” , is now in effect 3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in the Smithfield Herald and filed in the Clerk’s Office 4 This resolution shall take effect immediately Commissioner Jerry F Wood moved the passage of the foregoing resolution , Commissioner Wade M Stewart seconded the motion and the resolution was passed by the following vote Page4609 Ayes James H Langdon , Jr , Cookie Pope , Jerry F Wood , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr , and Wade M Stewart Nays None Not Voting None 19 Resolution Certifying and Declaring Results of Referendum for Little Creek Water District The Johnston County Board of Elections certified to the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Little Creek Water District the “ District ” that the result of the bond referendum held in the District on September 28 , 1999 , with respect to the proposed 4,600,000 General Obligation Bonds of the Little Creek Water District was 33 votes “ For ” approval of the Bond Order and 2 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board Commissioner Cookie Pope then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 1999 REFERENDUM ON LITTLE CREEK WATER DISTRICT GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners of Johnston County acting as the governing body of the Little Creek Water District desires to certify and declare the results of the referendum held September 28 , 1999 ; NOW , THEREFORE , the Board of Commissioners for Johnston County , acting as the governing body of the Little Creek Water District , meeting in regular session at Smithfield , North Carolina , on October 4 , 1999 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE LITTLE CREEK WATER DISTRICT 1 The Board hereby certifies and declares the result of the referendum held on September 28 , 1999 , with respect to the proposed 4,600,000 General Obligation Bonds of the District , to be 33 votes “ For ” approval of the Bond Order and 2 votes “ Against ” approval of the Bond Order 2 The affirmative votes of a majority of those voting having been received , the Board hereby certifies and declares that the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE LITTLE CREEK WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,600,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT ” , is now in effect 3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in the Smithfield Herald and filed in the Clerk’s Office 4 This resolution shall take effect immediately Commissioner Cookie Pope moved the passage of the foregoing resolution , Commissioner Eleanor N Creech seconded the motion and the resolution was passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Jerry F Wood , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr , and Wade M Stewart Nays None Not Voting None 20 Engineering Consultant for Brogden and Little Creek Water Districts - Contract Award Postponed Engineer Tim Broome stated the County has received proposals from firms interested in providing engineering services for the Brogden and Little Creek Water Districts He asked the Board to postpone award of contract until a later date as staff would like additional time to evaluate the proposals 21 Designation of Growth Corridors for Brogden and Little Creek Water Districts A Acting as the Brogden Water District Board Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board designated the following growth corridors for Brogden Water District Page5610 Brogden Road from Interstate 95 to Richardson Bridge Road Mallard Road from Brogden Road to District boundary US 70 Bus from Western district boundary to US 70 US 70 from US70 Bus to Eastern district boundary Bizzell Grove Church Road from US 70 to District boundary Fire Tower Road from US 70 to District boundary Gor - An Farm Road from US 70 to District boundary Old Sanders Road from US 70 Bus to Hill road Stevens Chapel Road from US 70 to Brogden Road Braswell Road from US 70 to Bakers Chapel Road Bakers Chapel Road from Brogden Road to Progressive Church Road Progressive Church Road from Bakers Chapel Road to Martin Livestock Road Martin Livestock Road from US 70 to Progressive Church Road Howell Road from US 70 to Old Daughtry Road East Whitley Road from Brogden Road to the end B Acting as the Little Creek Water District Board Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board designated the following growth corridors for Little Creek Water District Ranch Road from Little Creek Church Road to Lee Road Jack Road from Western district boundary to Steel Bridge Road Lee Road from Western district boundary to Steel Bridge Road Norris Road from Western district boundary to Lee Road Steel Bridge Road from Southern district boundary to Peele Road Peele Road from Steel Bridge Road to Rock Pillar Road Little Creek Church Road Northern district boundary to Southern district boundary Pony Farm Road from Little Creek Church Road to District boundary West Olive Road from US 70 Bus to Rock Pillar Road Powhatan Road from District boundary to Wilson’s Mills town limits Southerland Road from Powhatan Road to Fire Dept Road Vinson Road from Southerland Road to Riverstone Drive Glen Laurel Road from Powhatan Road to District boundary Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Brogden and Little Creek Water District Boards were adjourned and regular session was resumed 22 Proposal for Land Dedication Program Best Management Practice for Non - Residential Development - Stormwater Program - Design Manual Beth Chesson , Storm Water Administrator , reviewed with the Board a proposed addition to the Stormwater Management Design Manual A Land Dedication Program would be added as a best management practice , allowing commercial developers to pay a set price per acre to the County for dedicated land in the Stormwater program Ms Chesson noted she has talked with Triangle Land Conservancy about identifying potential tracts that would be suitable for setting aside as perpetually undeveloped land in the program