August 4, 1997 - 10:00 AM - County Board of Commissioners Meeting Minutes

August 4, 1997The Johnston County Board of Commissioners met in regular session Monday, August 4, 1997, at1000 oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, NorthCarolina, with the following membersPresent James W Cash, Vice Chairman, Jerry F Wood, DDS, Eleanor N Creech, CookiePope, Thomas M Moore and James H Langdon, JrAbsent Norman C Denning, ChairmanAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 MinutesChairman Denning asked if there were any corrections to the minutes of the June 25 regularsession, July 7, 1997 board meetings There being no corrections, the Vice Chairman declared theminutes approved as presented2 Public Hearing 1000 AM - Proposed Industrial Revenue Bonds for Hamlin Sheet MetalCompanyAdvertised July 11, 1997 - The Smithfield HeraldVice Chairman James W Cash opened the public hearing and invited anyone who wished to addressthe Board on the proposed issuance of Revenue Bondsman amount of up to 3,000,000 for Hamlin SheetMetal Company, IncThere being no comments, the Vice Chairman closed the public hearing3 Resolution Approving in Principal Industrial Revenue Bonds for Hamlin Sheet MetalCompanyCommissioner Jerry F Wood introduced the following resolution, the title of which was readAPPROVAL IN PRINCIPLE OF INDUSTRIAL PROJECT BYHAMLIN SHEET METAL COMPANY, INC, AND THE FINANCING THEREOF WITHINDUSTRIAL REVENUE BONDS IN THE PRINCIPAL AMOUNT OF UP TO 3,000,000WHEREAS The Johnston County Industrial Facilities and Pollution Control Financing Authoritythe Authority has agreed to assist in the financing under the North Carolina Industrial and PollutionControl Facilities Financing Act the Act of an industrial project by Hamlin Sheet Metal Company, Inc,a North Carolina corporation, to acquire, construct and equip a manufacturing facility in Johnston Countythe Project which will be used for the manufacture of HVAC ducts and other sheet metal products, andhas indicated that agreement by the execution of an Inducement Agreement between the parties dated May15, 1997, and;WHEREAS Under GS § 159C -7 each project must be approved by the Secretary of theDepartment of Commerce and, under Article 51 B of Chapter 143 of the North Carolina General Statutes,the Federal Tax Reform Allocation Committee must allocate a sufficient amount of North Carolinasprivate activity bond limit, as defined in Section 141 of the Internal Revenue Code of 1986, as amendedthe Code to the financing; andWHEREAS The Rules and Procedures of the North Carolina Department of Commerce requirethat the governing body of a county approve in principle any project to be financed under the Act;WHEREAS The Board of Commissioners has today held a public hearing with respect to theadvisability of the Project and the issuance of bonds therefor, as evidenced by the Certificate andSummary of Public Hearing attached hereto as Exhibit A; andWHEREAS Section 147f ofthe Code requires that the Board of Commissioners approve the planof financing for the bonds;599WHEREAS The Authority intends to issue its industrial development revenue bonds Hamlin SheetMetal Company, Inc Project the Bonds, the proceeds of which will be loaned to the Company tofinance the Project; andWHEREAS, the Bonds will be variable rate bonds, the principal of and interest on which areguaranteed by a bank letter of credit;NOW, THEREFORE, the Board of Commissioners of Johnston County, meeting in regular sessionat Smithfield, North Carolina, on August 4, 1997, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY1 The proposed industrial project consisting of the acquisition, construction and equippingof a manufacturing facility to be used by the Company for the manufacture of HVAC ducts andother sheet metal products in Johnston County, and the issuance of bonds in an amount not to exceed3,000,000 therefor, are hereby approved in principle2 The Board of Commissioners hereby requests the North Carolina Federal Tax ReformAllocation Committee to allocate up to 3,000,000 of North Carolinas 1997 private activity bondlimit, as defined above, for the financing of the Project3 The Board of Commissioners hereby approves the plan of financing as required by Section147f of the Code4 The Board of Commissioners hereby approves the issuance of the Bonds in the principalamount of not to exceed 3,000,000 for purposes of Section 159C -4 of the ActCommissioner Jerry F Wood moved the passage of the foregoing resolution and CommissionerJames H Langdon, Jr seconded the motion, and the resolution was passed by the following voteAyes Commissioners Jerry F Wood, James W Cash, Eleanor N Creech, Cookie Pope,Thomas M Moore, and James H Langdon, JrNays NoneNot voting None4 Resolution Employee Appreciation WeekUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adopted the following resolutionJOHNSTON COUNTY EMPLOYEE APPRECIATION WEEKAugust 4 to August r, 1997WHEREAS Johnston County Employees represent approximately 650 men and women, workingin 29 different service departments and agencies, devoted to making Johnston Countya better place to work and live; andWHEREAS Johnston County employees provide a multitude of services for ALL the citizens of theCounty - the farmer, the retailer, the industrial businessman, the homeless, the jobless,the homeowner, the veteran, the disaster victim, the victim of violence, the sick, thepoor, the educated, the uneducated, the youth, the elderly, the newcomer, and the old -timer; andWHEREAS Johnston County employees are both skilled and efficient in their jobs, making everyeffort to expend county tax dollars in the most effective way for the betterment of theCounty and its citizens; andWHEREAS Johnston County Government runs smoothly on a day to day basis primarily becauseof the dedicated employees in each of its departments and agenciesNOW, THEREFORE, in appreciation for the their dedication to the welfare of the citizens of ourCounty, THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBYPROCLAIM the week of August 4-8,1997 as COUNTY EMPLOYEE APPRECIATION WEEKAdopted this the 4th day ofAugust, 19975 Department of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceN Davis Farm Road and Timber Court in Countryside Subdivision, Section III in SelmaTownshipFollowing review, Commissioner Jerry F Wood moved the Board concur with the NC Departmentof Transportations request to add the roads listed above to the State Maintained System CommissionerJames H Langdon, Jr seconded the motion, which carried by unanimous vote6 Request - Dedication of HighwayFollowing the untimely death on March 6, 1996, of three teenagers on a narrow section of thePrinceton -Kenly Road SR 2343, and at the request of the family on one of the teenagers, the NCDepartment of Transportation has now agreed to widen the two mile segment to make it safer for travelThe James Arthur family has asked the NC DOT to dedicate the improved 2 mile segment in memory oftheir son Jamie, and his two classmates, Laura Starling and Ray Hollowell The Board of Commissionershave been asked for their support of this requestUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board concurred with the request to dedicate the two mile improvedsegment of Princeton -Kenly Road SR 2343 in memory of the three teenagers who lost their lives on thishighway Jamie Arthur, Laura Starling and Ray Hollowell7 Resolution Capital Area Job Training Consortium AgreementUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board adopted the following resolution to approve Johnston CountyJob Training entering into a Capital Area Workforce Development Consortium Agreement with WakeCountyRESOLUTIONCAPITAL AREA JOB TRAINING CONSORTIUM AGREEMENTWHEREAS, Johnston County wishes to continue the Capital Area Job Training ConsortiumAgreement with Wake County for the operation of the Job Training Partnership Act Program for anindefinite period; andWHEREAS, Johnston County desires to continue improvement and enhancements to the JobTraining Partnership Act programsNOW, THEREFORE, BE IT RESOLVED, that the Johnston County Board of Commissionershereby agrees to extend the Capital Area Job Training Consortium Agreement with Wake County untilsuch time the service delivery area is designated by the Governor of North Carolina or either member unitof Government terminates this agreement as provided for in Article XIAdopted this the 4th day of August, 19978 Utility Extension - Hamlin Sheet Metal CompanyMichael de Sherbinin, Economic Development Director, formally requested the Board extend waterand sewer to the Hamlin Sheet Metal Companys industrial site in Benson He presented a cost opinionfrom McKim Creed Engineers for 271,000 He noted the company is prepared to proceed withconstruction of the manufacturing facilityCounty Manager, Richard Self, explained that in anticipation of this request, money was includedin the current budget for this projectUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved the extension of water and sewer to the Hamlin SheetMetal Company site at a cost of 271,0009 Award of Engineering AgreementsUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board approved the following Engineering Agreementswith McKim and Creed EngineersLIA Amendment to existing EDA Engineering Agreement to include the water and sewer extensionfor Hamlin Sheet Metal Company and the Cleveland Road Water Main and Booster Stationwith a total not to exceed 54,800B Water sewer extension to This End Up Furniture Distribution Facility at a fee of 22,000C Additional water lines for the Hopewell Pisgah Water District on an hourly compensationbasis with an expected fee of approximately 25,00010 Town of Wilsons Mills - Request for Update on Water Customers and ETJWilsons Mills Mayor, Kenneth Jones, reminded the Board that in October, 1996, the Town ofWilsons Mills requested the County provide water service for all its citizens, including those citizens whowere Smithfield customers A letter was directed to the Town of Smithfield asking that their utilitydepartment work with the County in exchanging the meters by November 1, 1996 so that all citizenswithin their corporate limits would be county water customers He noted this has not been done Also, atthe same time, Wilsons Mills asked the County to approve a one -mile extraterritorial jurisdiction aroundtheir city limits He asked for an update on these mattersWater Service to All Wilsons Mills Water CustomersCounty Manager, Richard Self, explained the County has the meters ready to install, however,Smithfield has not agreed to transfer the customers from their system He noted the County installed thelines with County funds and Community Development Block Grant funds, and the system has alwaysbelonged to the County At the time this was done, the County was not in the water business, and theTown of Smithfield was asked to provide the service until such time the County either took over serviceor made other arrangementsCommissioner Thomas M Moore confirmed that the arrangement with Smithfield was never meantto be permanent He noted he originally designed the system for the Countys CD Block grantBobby Tripp, Smithfield Utility Director, was present and stated that it was Smithfieldsunderstanding that this matter was to be discussed by the committee appointed last March to discuss waterrates between the County and Town He suggested that water customers are the property of thecompany and Boards can not change them at will He further commented that Smithfield was notnotified this subject would be on the Countys AgendaManager Richard Self stated the Town Managers Office is on the Sunshine List and was maileda copy of the agenda itemsFollowing further discussion, Commissioner Jerry F Wood moved the County resolve this issue assoon as possible, based on the formal request from the Town of Wilsons Mills that the County providewater service to all its citizens Commissioner Thomas M Moore seconded the motion, which carried byunanimous voteExtraterritorial JurisdictionManager Richard Self pointed out the Board has not granted ETJ area to any of the municipalitiesthat have recently made a requestMayor Jones stated that Wilsons Mills request, in his opinion, is different as they are newlyincorporated and have never had an ETJ area He noted they contract with the County for all zoning,planning and inspections and plan to continue to do so, however, the ETJ would prevent surroundingtowns from annexing right up to their corporate limits before they have an opportunity to grow Hepointed out Wilsons Mills is only asking for the same privilege the other towns were given in the pastManager Self explained that most of the towns received by law a one -mile ETJ before the Countywas able to provide the required services of planning, zoning inspections He also pointed out theGeneral Assembly is considering several bills that would specifically impact annexation by townsFollowing further discussion, the Board agreed to postpone a decision until the General Assemblymakes a decision on the current bills that are being consideredMM 11 AppointmentsA Johnston Lee Community Action BoardUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board appointed Elder James Gathers, Jr to the Johnston -LeeCommunity Action Board for a two year term to expire August 31, 1999B Industrial Facility Pollution Control Financing AuthorityUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board reappointed Eloise M Moore and appointedMichael de Sherbinin to the Industrial Facility Pollution Control Financing Authority for six yearterms to expire August 31, 2003C Library Board of TrusteesUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board appointed Saundra Freeman to the LibraryBoard of Trustees for a three year term to expire August 31, 2000D Nursing Home Domiciliary Home Advisory BoardThe County Manager noted the General Assembly has increased the membership ofthis boardto 25 members The County has received one resignation and one application for appointmentUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board appointed Minnie McBurnett to the NursingHome Domiciliary Home Advisory Board for a three year appointment to expire, August 31, 2000E Emergency Services Advisory CommitteeThe Board considered applications for the new nine member Emergency Services AdvisoryCommittee Requirements for membership are as follows One Commissioner; two representativesfrom EMS rescue squads; two representatives of fire service with at least one fire chief, oneemergency room physician from Johnston Memorial Hospital; one representative of continuingeducation at Johnston Community College, and two citizensFollowing review of the applicants and selection for representation of the categories,Commissioner Cookie Pope moved the Board make the following appointments to the JohnstonCounty Emergency Services Advisory Committee Commissioner James H Langdon, Jr secondedthe motion, which carried by unanimous voteOne CommissionerEMS Rescue RepresentativesFire Service RepresentativesEMS PhysicianRepresentative from JCCCitizens12 Wendell Rescue Squad - PresentationJerry F WoodKenneth R Starling, Donald J ByrdWilliam Ross Carroll, Jr, Anthony V GudacDr S John GuhaDale HillSammy Jackson, Jerry H FergusonEddie Ross, Chief of the Wendell Rescue Squad, addressed the Board about the service his squadprovides for an area of Johnston County He asked for some consideration for funding to help provide thisservice He noted that many Johnston County citizens in the area do give their support by paying anannual membership fee, however it is not enough to staff a second truck and meet the other cost ofproviding the service He stressed that he was in no way trying to place demands on Johnston County, andassured the Board his squad would continue to serve the Johnston County citizens; however with thegrowth in population and the decrease in the number of volunteers available, the cost of providing rescueservice and training for the area fire departments, is growing daily? Vice Chairman, James W Cash, thanked Mr Ross for his comments and noted the new EmergencyServices Advisory Committee will in the next few months be looking closely at the Countys emergencyservices It is hoped they will come up with some good workable recommendations for making emergencyservices better for everyone involvedDewayne West, EMS Director, and Al Gaskill, Communications Director, voiced their thanks tothe Wendell Rescue Squad for the service they provide in Johnston County13 Recreation Grants ApprovedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved the following recreation grants9798 -18 Clayton Civitan Club Harold Wheeler Memorial Park - 2,0009798 -19 North Johnston High School - 2,0009798 -20 Clayton Civitan Club Clayton Civitan Community Bldg 2,0009798 -21 Smithfield Civitan Club - 2,0009798 -22 JC American Legion Baseball - 2,0009798 -23 Comet Athletic Booster Club - 2,0009798 -24 Pine Level Park and Recreation Booster Club - 2,0009798 -25 Family Life Center - 2,0009798 -26 Public Library of Johnston County Smithfield - 2,0009798 -27 Benson Parks Recreation - 2,0009798 -28 Town of Benson - 2,0009798 -29 Benson Senior Center - 2,0009798 -30 Clayton Recreation Foundation - 2,0009798 -31 Johnston County Senior Games - 2,0009798 -32 Clayton Parks Recreation Department - 2,0009798 -33 Cleveland Pop Warner Football Association - 2,0009798 -34 Corinth Community Recreation - 2,0009798 -35 Town of Pine Level - 2,0009798 -36 Pine Level Recreation Committee - 2,0009798 -37 Four Oaks Middle School Athletic Booster Club - 2,00014 Funding for Recreation Grants IncreasedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board allocated an additional 25,000 from the Contingency Fund forRecreation Grants15 Jones Brothers Water Tank - UpdateTim Broome, Engineer with McKim and Creed, updated the Board on the Jones Brothers WaterTank situation He stated a meeting was held with the Town of Smithfield, at which time the Town wasnotified that the County needs the usage of the tank in order to balance their system and provide water toSelma, Micro, Kenly, Princeton and Pine Level He noted the County also recognizes that the Town ofSmithfield uses the tank to augment water pressure in the north section of Smithfield during extremeperiods of usage The County proposed putting the water tank on the Countys system and installing apressure regulating valve to serve Smithfield in emergency situations A bypass line would need to beinstalled to allow Smithfields water to bypass the tankMr Broome noted that another option would be for the Town of Smithfield to purchase the tankfrom the County, and the County build another tank to better serve its needsIn response to Bobby Tripp, Smithfield Utilities Directors, suggestion that the Town sell water tothose towns north and east of Smithfield, Manager Richard Self reminded the Board the County needsthese customers to satisfy the debt for the new water plant He also noted that the towns have indicatedthey prefer to stay on the Countys systemN Commissioner Thomas M Moore asked what would be the best solution for both the County andSmithfield Mr Broome responded that if money was not an issue, it would be better for the County tosell the Jones Brothers Tank to Smithfield and build a new tankIn conclusion, Mr Broome stated that both parties have agreed the tank should come off the systemfor a period of time so there can be a better evaluation of the impact on Smithfields water pressure16 Public Hearing - Water Conservation OrdinanceAdvertised 718; 725 in The Smithfield HeraldCounty Manager, Richard Self, explained the proposed Water Conservation Ordinance would allowfor an orderly implementation of water conservation measures in the event of a shortage of water inJohnston CountyThere being no further comments, the Chairman closed the public hearing17 Water Conservation Ordinance AdoptedFollowing discussion, Commissioner Thomas M Moore moved the Board adopt the WaterConservation Ordinance as proposed Commissioner Jerry F Wood seconded the motion, which carriedby unanimous voteJohnston County Water Conservation OrdinanceSECTION I PurposeThe purpose of this ordinance is to declare the official phases of a water supply shortage and to providefor the implementation of voluntary and mandatory water conservation measures throughout the servicearea of Johnston County Department of Public Utilities in the event a shortage is declared The servicearea includesAll areas in Johnston County and outside which are served or supplied by the Johnston County WaterTreatment FacilitiesSECTION IL Definitions1 Water Shortage Advisory , shall mean the conditions exist which indicate the potential for watersupply shortages2 Alert , shall meana the raw water supply streamflow is consistently below seasonal averages If the raw water supplycontinues to decline, the supply may not be adequate to meet normal needs; orb due to mechanical failure or limitations of the water treatment facilities capacities, adequatewater supplies cannot be maintained and the conditions may be sufficient to cause a water shortage3 Crisis , shall meana the raw water level is below the level necessary to meet normal needs; orb due to mechanical failure or limitation of the water treatment facilities capacities, a watershortage is subject to occur4 Customer , shall mean any person or entity using water for any purpose from the Johnston CountyDepartment of Public Utilities, Water Treatment and Transmission Facilities, and for which a regularcharge is made5 Emergency , shall meana the raw water supply is below the level necessary to meet normal needs and serious watershortages exist; orb due to mechanical failure or limitation ofthe water treatment facilities capacities, a prolong watershortage is subject to occur6 JCDPU , is the Johnston County Department of Public Utilities acting through the Utility Directoror the County Manager7 Waste of Water shall mean but not limited to the failure to repair a controllable leak of water dueto defective plumbing8 Water , shall mean water available to JCDPU for the treatment or any water introduced by JCDPUinto its transmission facilities9 Water Use Class , shall mean and be established as follows? Class 1 Essential Water UsesDomestic Use Water necessary to sustain human life and the lives of domestic pets, and to maintainminimum standards of hygiene and sanitationHealth Care Facilities Patient care and rehabilitationPublic Use Fire Fighting Health and public protection purposes, if specifically approved byhealth officials andor the governing bodies of the health officialsClass 2 Socially or Economically Important Uses of WaterDomestic Use All uses other than those included in Class 1 and 3 Home water use includingkitchen, bathroom, and laundry useOutdoor Non - Commercial Watering public or privateAgricultural irrigation for the production of food and fiber or maintenance of livestockWatering by commercial nurseries at a minimum level necessary to maintain stock, to the extentthat sources other than JCDPU are not available or feasible to useWatering of golf course greensUses of water at a minimum rate necessary to implement revegetation following earthmoving,where such vegetation is required by an erosion and sedimentation control plan adopted pursuantto law or regulation to the extent that sources of water other than JCDPU are not available orfeasible to useWater use by public gardens of national, state, or regional significance where necessary topreserve specimens, to the extent sources other than JCDPU are not available or feasible to useOperation and filling Swimming PoolsMunicipal poolsHealth care facility pools used for patient care and rehabilitationWashing of Motor VehiclesCommercial car and truck washes, unrestricted hours of operationCommercial LaundromatsUnrestricted hours of operationRestaurants, Clubs, and Eating EstablishmentsUnrestricted hours of operationClass 3 Non - Essential Uses of WaterOrnamental Purposes Fountains, reflecting pools, and artificial waterfallsOutdoor Non - commercial Watering public or private Gardens, lawns, golf courses, park playingfields, and other recreational areasEXCEPTIONSAgricultural irrigation for the production of food and fiber or the maintenance of livestockWater used by commercial nurseries at a minimum level necessary to maintain stock to the extentother sources of water other than JCDPU are not available or feasible to useUse of JCDPU water at a minimum rate necessary to implement revegetation following earthmoving,where such vegetation is required pursuant to an erosion and sedimentation control plan adoptedpursuant to law or regulation to the extent that sources of water other than JCDPU are not availableor feasible to use Water used by public gardens of national, state, or regional significance wherenecessary to preserve specimens, to the extent sources other than JCDPU are not available or feasibleto useOperation and filling Swimming PoolsLei INEXCEPTIONS Health care facility pools used for patient care and rehabilitationMunicipal poolsWashing of Motor Vehicles Automobiles, trucks, boats and trailersEXCEPTIONS Commercial car and truck washesServing water in Restaurants, Clubs, or Eating EstablishmentsEXCEPTIONS Specific request by customerFire Hydrants Any purpose including the use of sprinkler caps, testing of fire equipment, and firedepartment drillsEXCEPTIONS Fire - fightingHealth protection purposes if specifically approved by the health officials of JohnstonCountyTesting and drills by fire departments, if in the interest of public safety and approvedby JCDPUHydrant and Sanitary Sewer FlushingEXCEPTIONS As needed to ensure public safety with the approval of health officials andJCDPUSECTION III DECLARATION OF A WATER SHORTAGE ADVISORYIn the event JCDPU determines a potential shortage of water supply is indicated, such that adequatepotable water supplies cannot be maintained, whether the shortage is caused by drought, mechanicalfailure, limitations ofthe water treatment facilities, JCDPU shall be empowered to declare a WATERSHORTAGE ADVISORY The Director of JCDPU shall monitor the supply and demands on thesystem on a daily basis The County Manager shall call upon all water customers of JCDPU toemploy voluntary water conservation measures to limit water use especially Class 3 users and toeliminate waste of water The Declaration of a Water Shortage Advisory and Statement by theCounty Manager shall be published in newspaper of general circulation in Johnston County, or maybe publicized by any other appropriate methodSECTION IV DECLARATION OF A WATER SHORTAGE ALERTIn the event JCDPU determines the raw water supply is below the level necessary to meet normaldemands and if the supply continues to decline such that there may not be sufficient water supply tomeet normal demands andor there are water treatment facility limitations which cannot provideadequate supplies of potable water, JCDPU shall be empowered to declare a Water Shortage AlertJCDPU shall continue to encourage voluntary water conservation measures as defined in theAdvisory declarationThe County Manager shall impose a ban on all Class 3 water uses for the duration of the shortageuntil the water shortage has ended as advised by the DirectorSECTION V DECLARATION OF A WATER SHORTAGE EMERGENCYIn the event JCDPU determines the raw water supply is below the level necessary to meet normaldemands and serious shortages exist andor there are water treatment facility limitations which cannotprovide adequate supplies of potable water, the County Manager shall be empowered to declare aWater Shortage Emergency Class 1 Essential uses shall be targeted for voluntary conservationinitiatives Class 2 Socially or Economically Important uses shall be banned in addition to the Class3 Non - essential uses These restrictions shall be enforced until the emergency is declared ended bythe Director? SECTION VI MANDATORY WATER CONSERVATION1 The County Manager is hereby authorized to impose mandatory water restrictions, as describedbelow, on the usage of water obtained directly or indirectly from the water distribution system of theJCDPU by declaring a Water Distribution Crisis This declaration shall be based on writtenrecommendations from the Director of JCDPU, that conditions exist such that a water shortage isimminent These restrictions may be imposed by the County Manager after consideration of all of thefollowing factorsA Water pressure at monitoring locations of the JCDPU water distribution systemB Ability to fill elevated water tanks ofthe JCDPU water distribution system andor bulk user tanksC Ability to maintain an amount of water in the ground level storage tanks located at the watertreatment plant which is adequate for more protection purposes and to maintain potable watertreatment standardsD Ability to maintain minimum water pressure standards in the entire JCDPU water distributionsystem2 A Water Distribution Crisis may be implemented by the County Manager by signing a Notice ofDeclared Water Distribution Crisis The notice shall be in effect beginning with the date and timespecified in the notice and the restrictions imposed shall apply during the times specified in the notice3 During a Declared Water Distribution Crisis , each of the following uses of water, obtained directlyor indirectly from the JCDPU water distribution system, are prohibited during the time specified inthe Notice of a Declared Water Distribution Crisis A Watering of any grass, lawn, shrubbery, flowers or other vegetation; provided, however, anyperson or entity regularly engaged in the business of the sale of plants will be permitted, withapproval from JCDPU, to water plants grown for saleB Filling, refilling, or otherwise adding water to any swimming pool;C Washing, rinsing, or cleaning an exterior wall, floor, or paved areasD Washing, rinsing, or cleaning any automobile, truck, van, motorcycle or other motor vehicles ortrailer; provided, however, that any person or entity engaged in the business of washing vehicleswill be permitted, with approval from JCDPU, to continue this activity4 A The County Manager may impose the restrictions in Paragraph 3 above at all times or during suchlimited times as the County Manager and the Director of JCDPU determine to be appropriate Therestricted hours will be set forth in the Notice of Water Distribution Crisis B The County Manager may modify the times of restricted water use by signing an AmendedNotice of a Declaration of Water Distribution Crisis C Restrictions on water use will be terminated by the County Manager signing a Notice ofTermination of Declared Water Distribution Crisis D All restrictions andor terminated restrictions shall be posted in the County Office Building andorany other designated places required by law or by the Johnston County Board of CommissionersAll notices cannot be enforced or terminated for a period of twelve 12 hours after postingE All notices shall state the time and date of the postingF The terms County Manager and Director of JCDPU are to be constructed to include thedesignee of the County Manager or the Director of JCDPUSECTION VII SHORTAGE WATER RATESUpon the declaration of a water supply shortage as provided in Sections 3, 4, 5, 6, the JCDPU shallhave the authority to adopt shortage water rates designed to conserve water supplies Such rates mayprovide for1 Increasing block rates - higher charges per unit for increasing usage2 Uniform Unit Rates - uniform charges for water usage per unit of use3 Excess Demand Surcharge - charges for use in excess of a specific level4 Good Citizen Rate - discounts for conserving water beyond specified levelsSECTION VIII ENFORCEMENT1 The direct or indirect use of water from the JCDPU distribution system in violation of this ordinanceis prohibited Any water customer of the JCDPU distribution system, direct or indirect, that violatesor permits the violation of these Rules and Regulation shall be subject to the following penaltiesSize of Service Connection Penalty34 inch 30001 inch 400015 inch 5000DetailsAnnotationsEntry PropertiesModified11192013 120512 PMCreated3272003 120121 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date841997Book20