August 6, 2018 - 10:00 am - County Board of Commissioners Meeting Minutes

10 399 Meeting of the Johnston County Board of Commissioners August 6 , 2018 10 00 am The Johnston County Board of Commissioners met in regular session Monday , August 6 , 2018 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Larry Wood , and Lee Jackson Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 10 00 am Commissioner Ted G Godwin opened the meeting with a prayer American Legion Post 405 Pine Level led those in attendance in the Pledge of Allegiance to the American Flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – July 9 , 2018 10 00 am and 6 00 pm B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Killarney Lane – McLemore Estates – Cleveland Township C Termination of Utility Easements The Board approved the following termination of utility easements document for the benefit of the Town of Clayton and Novo Nordisk which is in conjunction with the building site for a regional pre - treatment facility NORTH CAROLINA TERMINATION OF JOHNSTON COUNTY UTILITY EASEMENTS THIS TERMINATION OF UTILITY EASEMENTS is made this _____day of_____________ , 2018 , by the COUNTY OF JOHNSTON for the benefit of the TOWN OF CLAYTON , its successors and assigns , and its tenants , including Novo Nordisk Pharmaceutical Industries , LP , its successors and assigns W I T N E S S E T H WHEREAS , by Deed dated August 15 , 1988 , recorded in Book 1101 , Page 705 , Johnston County Registry , Loch Pharmaceuticals , Inc , as grantor , conveyed certain property to John Page McFadyen and wife , Maxine McFadyen , and Archibald O McFadyen and wife , Deborah R McFadyen , certain land , reserving to grantor the following “ There is reserved to Seller a temporary easement , 40 feet in width , for the purpose of extending a sewer line to Cutter Laboratories under the Railroad , across the rear of above described property After construction andPage400 August 6 , 2018 – 10 00 am Continued installation of sewer line , a permanent easement , 20 feet in width will be excepted , reserved and retained by the Seller The exact location of sewer line will be determined by Johnston County and a map showing a permanent easement will be recorded ” the “ Loch Reserved Easement ” ; WHEREAS , by Deed of Easement dated May 23 , 1989 , recorded in Book 1130 , Page 355 , Johnston County Registry , Loch Pharmaceuticals , Inc granted Johnston County an easement for a sewer line more particularly described therein the “ Loch Deed of Easement ” ; WHEREAS , by Deed of Easement dated July 20 , 1989 , recorded in Book 1135 , Page 704 , Johnston County Registry , John Page McFadyen and wife Maxine McFadyen and Archibald O McFadyen and wife Deborah R McFadyen granted Johnston County an access easement and right of way for the purposes of the installation and maintenance of utilities across certain lands more particularly described therein the “ McFadyen Deed of Easement ” ; WHEREAS , the Loch Reserved Easement , the Loch Deed of Easement , and the McFadyen Deed of Easement collectively , the “ Utility Easements ” all concerned easements located upon the land now platted as the Recombination Plat for Town of Clayton , more particularly described in Exhibit A attached hereto , and now owned by the Town of Clayton ; WHEREAS , the Town of Clayton has leased a portion of the land described in Exhibit A to Novo Nordisk Pharmaceutical Industries , LP “ NNPI ” , as reflected in the Memorandum of Lease recorded in Book 5114 , Page 538 , Johnston County Registry ; WHEREAS , the Town of Clayton has granted certain options to NNPI , as reflected in the Memorandum of Options recorded in Book 5114 , Page 529 , Johnston County Registry ; WHEREAS , a wastewater pretreatment facility will be constructed upon the Property and the Utility Easements described above interfere with the site plan ; and WHEREAS , in connection with construction of the wastewater pretreatment facility , a new sewer line will be located on the Property in a location that does not interfere with the site plan NOW , THEREFORE , in consideration of the mutual covenants and conditions hereinafter contained , and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , JOHNSTON COUNTY does hereby terminate any and all rights it has to use the following Utility Easements and agrees that it will have no rights under the Utility Easements from and after the date of recording of this instrument Book 1101 , Page 705 August 15 , 1988 the Loch Reserved Easement Book 1130 , Page 355 May 23 , 1989 the Loch Deed of Easement Book 1135 , Page 704 July 20 , 1989 the McFadyen Deed of Easement NNPI , its successors and assigns , may rely upon this Termination of Utility Easements in all matters concerning the site plan and construction of the wastewater pretreatment facility IN WITNESS WHEREOF , Johnston County has caused this instrument to be executed under seal the day and year first above written D Tax Releases & Refunds – 06 15 2018 – 07 15 2018 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 6 19 2018 5 12 06 PM dwoodward2 2017 - 102112 2000191708 WALLACE , DONALD BANKS 15778 6 20 2018 8 08 08 AM dwoodward2 2017 - 108309 2000201700 FIRE , STATE FARM 16240 6 21 2018 1 41 42 PM dwoodward2 2017 - 24622 2000185305 HIGHWAY HOGS LLC 18260 6 22 2018 8 25 04 AM dwoodward2 2017 - 24622 2000185305 HIGHWAY HOGS LLC - 18260 6 25 2018 4 51 33 PM dwoodward2 2018 - 200954 39404960 HOCUTT , PERCY WM 18612 6 25 2018 4 52 26 PM dwoodward2 2018 - 200955 39404960 HOCUTT , PERCY WM 18612 6 25 2018 4 53 11 PM dwoodward2 2018 - 200956 39448751 HOCUTT , WILLIAM RONALD 18612 6 27 2018 4 43 55 PM ALassiter 2017 - 106341 2000195137 MID ATLANTIC STATES 32521 TRANSPORTATION CO Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 6 18 2018 8 21 04 AM jmorrow 2017 - 54849 2000114542 RAIFORD , KAYLA JENAE 11220Page401 August 6 , 2018 – 10 00 am Continued 6 18 2018 11 25 59 AM jmorrow 2017 - 102995 2000181282 J & M TRANSPORTATION 16894 SVCS INC 6 25 2018 12 05 18 PM jmorrow 2017 - 97080 2000174897 WILLIAMS , MICHAEL 24618 6 29 2018 10 35 56 AM jmorrow 2017 - 4689 2000108162 ANDERSON , EVELYN KAYE 14552 6 29 2018 10 43 41 AM jmorrow 2017 - 73249 2000145267 SDO INVESTMENTS LLC 28783 6 29 2018 2 12 22 PM awestbrook 2017 - 20866 2000176191 PAYTONS PROERTY MNGMT 30000 LLC 6 29 2018 2 25 30 PM awestbrook 2017 - 84370 2000107830 RAYNE PROPERTIES LLC 38800 6 30 2018 10 52 54 AM jevans 2017 - 8490 2000097936 ROGERS , ANTHONY RAY 11997 7 5 2018 2 37 36 PM LOCKBOX 2017 - 44219 99530140 YANCEY , ROBERT R 10660 7 9 2018 11 31 38 AM jmorrow 2017 - 97080 2000174897 WILLIAMS , MICHAEL 22331 7 9 2018 11 52 25 AM jmorrow 2017 - 8490 2000097936 ROGERS , ANTHONY RAY 18056 7 11 2018 12 00 00 AM awestbrook 2018 - 109523 2000049605 PACE , JERRY G SR LIFE 49742 ESTATE 7 11 2018 12 01 00 AM gcallahan 2018 - 30922 2000022537 EAST , ALBERT MAC 38000 7 11 2018 12 01 00 AM jmorrow 2018 - 75247 2000198340 PEARCE , SHIRLEY JEAN LIFE 20000 ESTATE 7 11 2018 12 04 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 28981 7 11 2018 12 05 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 50000 7 11 2018 12 06 00 AM tcronan 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 50000 7 11 2018 12 07 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 12 08 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 12 09 00 AM awestbrook 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 12 10 00 AM jmorrow 2018 - 42691 2000163222 HELMER , BLAKE N DDS PLLC 25000 7 11 2018 2 38 20 PM awestbrook 2018 - 32019 2000053031 ELLIS , JIMMY GRAY 13134 North Carolina Vehicle Tax System - Pending Refund Report – June 2018 100 + Payee Name Bill # Transaction Refund Total Change # Reason HUTCHINSON , 0042678783 88024412 Adjustment 10959 DOUGLAS 1405 WARREN 12364 MASSEY , 0042639122 176047464 Situs error 000 KIMBERLY 12517 ANNE 1592 4172 15097 RAGGIO , 0033285719 133113990 Assessed In 12207 ANDREW Err 8608 ROBERT 000 20815 RAGGIO , 0036962203 133113993 Assessed In 10311 ANDREW Err 7271 ROBERT 000 17582 ROSE , DAVID 0043128438 88451164 Adjustment 6981 LEE 4117 11098 76956 July 23 , 2018 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Sheila Garner A complete record of this information is on file in the County Finance Office Totals from 06 15 18 to 07 15 18 Tax refunds - Personal Real Property 83332 Tax releases - Personal Real Property 55536 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb Page402 August 6 , 2018 – 10 00 am Continued 3 Public Comments None 4 Heritage Center Sanders Family Descendants – African American Family History Week Heritage Center Director Todd Johnson and members from the Sanders Family requested the Board to adopt a proclamation for the week of August 19 - 25 to be African American Family History Week in Johnston County Mr Johnson read the proclamation aloud , asked for its adoption , and offered to answer any questions Upon a motion by Commissioner Lee Jackson , seconded by Commissioner Cookie Pope , and carried unanimously , the Board adopted the following proclamation PROCLAMATION African American Family History Week WHEREAS , untold tens of thousands of enslaved persons of African and Native American descent toiled on Johnston County soil between the County’s creation in 1746 and federally mandated emancipation in 1865 ; and WHEREAS , some enslaved persons once were auctioned as chattel property on the Johnston County Courthouse Square , with some , including small children , permanently separated from loved ones ; and WHEREAS , enslaved persons and their descendants have made significant contributions , collectively and individually , to the economic , social , cultural , spiritual , and intellectual life of our County since its creation ; and WHEREAS , the Johnston County Heritage Center has created an online database to assist descendants of Johnston County’s formerly enslaved persons in learning about their ancestors and connecting with relatives ; and WHEREAS , modern technology and the efforts of the Johnston County Heritage Center , the State Archives of North Carolina , the National Archives of the United States , the Library of Congress , the Church of Jesus Christ of Latter - Day Saints , Family Tree DNA , Ancestry , colleges and universities , and other entities in recent years have greatly improved access to information about slave ancestors in the form of DNA studies , historical records , and oral history ; and WHEREAS , descendants of local enslaved persons bearing the surname Sanders have used DNA to trace their ancestral origins to Cameroon , Senegalese , Nigerian , Beninese , Togolese , and Ghanaian ethnic groups , such as the Fanta , Ga , Tikar , Anlo Ewe , Igbo and Yoruba people ; and WHEREAS , the Sanders Reconnection Week , August 19 - 25 , 2018 , has been organized to allow Sanders descendants to come together , gather information about their ancestors , and reunite on the soil where their ancestors toiled , culminating in a program on Saturday , August 25 , 2018 , at the Smithfield Recreation and Aquatic Center ; and WHEREAS , these descendants will come from near and far , from different walks of life , to attend this momentous occasion and to recognize their ancestors , honor their culture , and reconnect families once separated due to enslavement ; and WHEREAS , various agencies in Johnston County will participate in the Sanders Reconnection Week , with a goal of raising awareness of the importance of restoring families and recognizing the contributions of Johnston County’s formerly enslaved people NOW , THEREFORE , WE , THE BOARD OF COUNTY COMMISSIONERS OF JOHNSTON COUNTY , do hereby proclaim August 19 - 25 , 2018 to be AFRICAN AMERICAN FAMILY HISTORY WEEK and urge all citizens of Johnston County and descendants of enslaved persons to join this observance th Adopted this the 6 day of August , 2018 PagePage pageNumber5403 August 6 , 2018 – 10 00 am Continued 5 Brunch Bill – Proposed Ordinance Chairman Jeffrey P Carver stated the Board held a public hearing on July 9 , 2018 at the 6 00 pm meeting for the purposes of receiving public comment and discussion on a proposed ordinance to allow for the sale of alcoholic beverages before 12 00 Noon on Sundays at licensed premises in the unincorporated areas of Johnston County Chairman Carver called for anyone in the audience that wished to address the Board on the matter to come forward Eddie Jordan , 4 Avon Court , Smithfield , spoke in opposition to the ordinance stating he believes that from a Christian perspective , by adopting the ordinance it demonstrates that money is more important than the Lord Mr Jordan requested the Commissioners to reject the ordinance Kelton Hinton , 105 Toler Street , Princeton , spoke in opposition to the ordinance Mr Hinton stated his concerns are from a health and safety perspective He referenced a report from the British Medical Journal about increasing cases of cirrhosis of the liver in younger people Mr Hinton spoke on the negative impacts associated with alcohol use stating that studies have shown that everywhere there has been increased hours for alcohol sales , accidents and fatalities have also increased and he encouraged the Board to study the issue further Reverend Dr Mark Creech , Executive Director for the Christian Action League , and Johnston County resident , addressed the Board and spoke in opposition to the ordinance Dr Creech stated the reason for the law prohibiting alcohol sales until after the noon hour on Sundays for so many years was largely out of deference and respect for churches that do not end all of their services before noon Dr Creech continued that he feels the ordinance is counterproductive when considering how much churches contribute of their finances and resources towards people’s lives that have been seriously injured by alcohol abuse Dr Creech also spoke on how he feels that brunch ordinances are sensitive to business interests while being insensitive to religious interests He acknowledged that there are now churches and people of different faiths that meet for worship during hours other than Sunday , but he stated the vast majority of churches meet on Sundays and a brunch ordinance would negatively impact them Commissioner Ted G Godwin stated as everyone is aware , he has not been in favor of the ordinance from the beginning and his concerns are more on a global scale Commissioner Godwin stated he feels the ordinance would be another erosion to what he considers typical family values to be which have been expressed in Johnston County throughout the generations ; therefore , he is opposed Commissioner Cookie Pope stated she also shares some of the feelings of Commissioner Godwin Commissioner Pope stated she can respect fairness across the board concerning economics , but because of her position in her Church , she will be voting against the ordinance Commissioner Chad M Stewart stated he respects both Commissioners Pope and Godwin as well as those that spoke ; however , he feels it is a matter of choice Commissioner Allen L Mims , Jr stated to him , it is more of a convenience issue in that there are times when people will shop on Sunday mornings for events or parties later in the day and without the ordinance , they have to make another trip after the noon hour to purchase alcohol products Commissioner Lee Jackson moved to adopt the following ordinance allowing for the sale of alcoholic beverages beginning at 10 00 am on Sundays at licensed premises in the unincorporated areas of Johnston County Commissioner Allen L Mims , Jr seconded the motion which carried by the following vote Ayes Commissioners Jeffrey P Carver , Allen L Mims , Jr , Chad M Stewart , Larry Wood , and Lee Jackson Nays Commissioners Ted G Godwin and Cookie Pope An Ordinance To Allow the Sale of Alcoholic Beverages Before Noon on Sundays at Licensed Premises WHEREAS , on June 29 , 2017 , the North Carolina General Assembly enacted Senate Bill 155 , entitled “ An Act to Make Various Changes to the Alcoholic Beverage Control Commission Laws ” ; and WHEREAS , Section 4 of Ratified Senate Bill 155 authorizes city and county governments to adopt an ordinance to allow alcohol sales beginning at 10 am on Sundays ; and WHEREAS , Ratified Senate Bill 155 was signed into law by Governor Roy Cooper on the 30th day of June , 2017 and became effective on that date Session Law 2017 , Chapter 87 ; andPagePage pageNumber6404 August 6 , 2018 – 10 00 am Continued WHEREAS , by enacting Senate Bill 155 , North Carolina joins 47 other States in allowing alcohol sales before noon on Sunday ; and WHEREAS , Sunday morning alcohol sales within the County will bring parity for the small business community with that of businesses located in the municipalities in the County , which have already approved such sales NOW , THEREFORE , BE IT ORDAINED by the Board of Commissioners of Johnston County , North Carolina that Section 1 Pursuant to the authority contained in GS 153A – 1457 , the sale of malt beverages , unfortified wine , fortified wine , and mixed beverages is allowed in the unincorporated areas of Johnston County beginning at 10 AM on Sunday pursuant to the licensed premises ’ permit issued under GS 18B – 1001 th Section 2 This ordinance is effective on the 6 day of August , 2018 th Adopted this the 6 day of August , 2018 6 Mountains to Sea Trail Update and Proposed Memorandum of Understanding North Carolina State Parks Regional Trails Specialist Smith Raynor provided the Board with an update on the Mountains to Sea Trail Project Ms Raynor presented the following information PagePage pageNumber7405 August 6 , 2018 – 10 00 am ContinuedPagePage pageNumber8406 August 6 , 2018 – 10 00 am Continued Ms Raynor also submitted for the Board’s review , a proposed memorandum of understanding MOU regarding the County’s responsibilities to design , construct , maintain , and manage the portion of trail located within the unincorporated area of Johnston County Ms Raynor noted that State Parks is willing to discuss amendments to the MOU She stated they would like to buy the properties and lease them to Johnston County with the trail being constructed at a later date Ms Raynor stated in order to begin the process it is necessary to find an entity to hold the leases At the inquiry of Commissioner Ted G Godwin , Ms Raynor stated the immediate need is to establish the trail corridor and trail construction can begin later The Board thanked Ms Raynor for the update and took the memorandum of understanding under advisement 7 Clayton Extraterritorial Jurisdiction ETJ Discussion Commissioner Allen L Mims , Jr spoke on an ongoing citizen complaint from Mr Chris Krencicki of 109 Hinton Court in Clayton regarding a situation involving junk vehicles and a possible business in Mr Krencicki’s neighborhood , but because the subdivision is located outside the city limits of Clayton but within their ETJ there has been some disagreement over who has enforcement authority Commissioner Mims stated the matter has been going back and forth for at least six years and he would like to see something done Commissioner Mims stated he spoke to the former Clayton Town Manager six years ago about the situation and was told by the Manager then that Clayton would have to change their ordinances to remedy the situation , but there was not much interest on the Council at that time to change the ordinance Commissioner Mims noted that Mr Krencicki’s situation is not the only problem he has heard about for people living within Clayton’s ETJ Commissioner Mims stated the people living within the ETJ deserve services because they are county taxpayers and he would like to do something to alleviate the problems Commissioner Mims stated in the case of Mr Krencicki , his neighbor is running a business out of the home and something needs to be done At the inquiry of Commissioner Mims , County Attorney Jennifer Slusser explained that the Board of Commissioners approved the Town of Clayton’s request to extend their ETJ boundary to two miles in December of 2007 She continued that the Town voted to extend the boundary in March of 2008 following the required public hearing and notice procedures Ms Slusser reported even though the Town has grown through citizenPagePage pageNumber9407 August 6 , 2018 – 10 00 am Continued initiated annexations as well as legislative annexations , the ETJ remains static ; therefore , the ETJ boundary does not expand as the Town corporate limits change and the ETJ limit would be measured from the distance of the Town’s principal corporate limits Ms Slusser stated for Mr Krencicki’s complaint , if it were in the County’s jurisdiction , it would be addressed under the zoning ordinance whether staff looked at it from the junk motor vehicles perspective or operating a business out of a residence Commissioner Chad M Stewart asked if the County were to take action to notify the Town of Clayton of its intention to rescind the two mile ETJ boundary , would it affect any of the other towns Ms Slusser stated the Board would need to specify in the motion if the action would affect all towns or just Clayton , noting it would be to the Board’s discretion At the request of Chairman Jeffrey P Carver , Interim Planning Director Matt Kirkland shared with the Board a map of the Clayton ETJ area that was approved for the two - mile expansion in 2007 Mr Kirkland confirmed that Mr Krencicki’s subdivision is located within that expanded ETJ area Commissioner Ted G Godwin stated the Board values good working relationships with all the towns ; however , in this instance if Clayton chooses to ignore the needs of a citizen then he does not see where the Board has a choice Commissioner Stewart stated it appears this instance is more of an interpretation issue and if a letter of notice is sent , should it include language asking the Town to explain how they have determined the complaint by Mr Krencicki is not a zoning violation Commissioner Mims reiterated the issue has been going on for six years and he would like to see it addressed Chairman Carver reported he rode by the property in question a few days ago and he lost count of the number of cars on the property Motion Commissioner Allen L Mims , Jr moved the Board send the two year statutorily required notice letter to the Town of Clayton informing them of the County’s intent to revoke the additional one - mile area of ETJ that was granted in 2007 , not including any new annexations since that time , and further that if mutually agreeable the ETJ area could be reclaimed by the County sooner than two years ; or if an agreement can be reached for the Town of Clayton to provide services to those residing in that area of ETJ , the Board of County Commissioners can rescind the notification letter Commissioner Ted G Godwin seconded the motion Further Discussion At the inquiry of Commissioner Larry Wood , Ms Slusser reported the communication between the County and the Town of Clayton regarding Mr Krencicki’s complaint has been mostly informal Ms Slusser stated she has spoken informally with Clayton’s Town Attorney and County Manager Rick Hester has spoken with Clayton’s Town Manager Ms Slusser continued that she believes the County and the Town have different paradigms as to how the issue should be addressed and that Clayton is willing to enforce any zoning violations At the inquiry of Commissioner Chad M Stewart , Ms Slusser stated the County has not performed an investigation to determine if there is a zoning violation because the County does not have zoning jurisdiction Commissioner Lee Jackson noted that if the area were back within the County’s jurisdiction then an investigation could be done to determine if there is a zoning violation Vote The motion carried by unanimous vote Page0408 August 6 , 2018 – 10 00 am Continued 8 McGill Associates – Proposed Public Safety Center Site Due Diligence Update Bill Roark , PE , with McGill Associates , provided an update to the Board regarding the due diligence at the proposed public safety center site Mr McGill reported an updated boundary survey has been completed along with a surface utility location and he noted the current zoning is split on the property with the front being B - 3 and the rear being R - 20A through the Town of Smithfield Mr McGill stated they met with the Town of Smithfield’s Planning Director and after that meeting they recommend rezoning the entire property to O I Office and Institutional which would allow for a public safety center without a special use permit Mr McGill reported with regards to utilities , annexation will be required to access municipal water and sewer since Johnston County does not have gravity sanitary sewer service in the vicinity Mr McGill stated the initial investigations for available flows indicate a little less than what they like to see for a public safety center , but that can be addressed with extra pumps Mr McGill stated in their initial conversations with the North Carolina Department of Transportation regarding driveway access , the Department of Transportation agrees verbally with the addition of turn lanes east of Yelverton Grove Road He continued that a Phase 1 Environmental Assessment has been completed and no “ recognized environmental conditions ” were found Mr McGill noted there are some wooded areas that most likely contain wetlands , but it should not adversely impact what the County is proposing for the site He stated soil borings have just been completed and they are awaiting the results At the inquiry of Commissioner Allen L Mims , Jr , Mr Roark stated their concept plans are based on the information obtained from Mosely Architects who has been working with the County on the facility plans He reviewed the site development concept as well as future building site development concepts with the Board Commissioner Lee Jackson asked how long it will take to receive the results from the geotechnical studies Mr Roark responded they hope to have the geotechnical report within a couple of weeks and would pass that information along to the County The Board thanked Mr Roark for the update 9 Public Utilities – Water Treatment Plant 120 to 140 MGD Expansion Contractor Prequalification Utilities Director Chandra Farmer , PE , stated Johnston County adopted a contractor “ Prequalification Policy ” in May of 2015 Ms Farmer explained that in accordance with NCGS 143 - 1358 and the adopted policy , the Department of Utilities would like to pre - qualify contractors for the upcoming “ Johnston County Water Treatment Plant 120 – 140 MGD Expansion ” project She stated staff respectfully requests approval by the Board of Commissioners of the proposed prequalification package for the Johnston County Water Treatment Plant 120 – 140 MGD Expansion project Upon a motion by Commissioner Larry Wood , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board approved the following prequalification package for the Johnston County Water Treatment Plant 120 – 140 MGD Expansion project Johnston County Contractor Prequalification Application Johnston County Water Treatment Plant 120 - 140 MGD Expansion Project Summary & Application Overview WIF # H - SRP - 17 - 0101 A Project Overview Johnston County , North Carolina is seeking prequalification statements from General Contractors for the Johnston County Water Treatment Plant 120 - 140 MGD Expansion project This project will be bid as a Single Prime contract Any contractor wishing to be prequalified for the work must complete this application and be approved by Johnston County for bidding The project includes the following a Replacement of five river intake microscreens b Replacement of two river intake sluice gates c Replacement of check valves on new raw water pump no 1 and existing raw water pumps no 2 and 3Page1409 August 6 , 2018 – 10 00 am Continued d Installation of a 5,400 gallon per minute gpm , 83 feet total dynamic head TDH , 150 HP submersible raw water pump to replace existing raw water pump no 1 e Installation of a new magnetic raw water flow meter to replace an existing meter f Installation of a 20 MGD spiral upflow solids contact clarifier ClariCone 9 , including influent piping , Venturi flow meter , effluent piping , and polymer service water and compressed air piping g Addition of a triplex polymer chemical feed pump assembly h Replacement of pneumatic actuators with electric motor actuators on influent valves for filter groups 2 , 3 and 4 i Rerouting of existing chlorine and caustic chemical feed lines to Clearwell no 2 outlet zone j Installation of a 400 HP vertical turbine high service pump k Installation of new high service pump piping , flow meter and vault and surge relief valve and vault l Installation of miscellaneous piping , valves , associated appurtenances , building structural improvements , HVAC additions , electrical work , controls , SCADA additions and programming , and other related appurtenances The anticipated value of this project is 3,300,000 The Designer for this renovation project is McKim & Creed Engineers Suite 500 1730 Varsity Drive Raleigh , NC 27606 korie @ mckimcreedcom Evaluation of the applications for prequalification shall be made by Johnston County This prequalification of contractors to bid on this project is applicable to this project only Questions regarding these prequalification documents may be directed to the Owner’s Representative listed under Item C 3 Applicants having questions regarding the project scope of work shall promptly notify the Owner’s Representative Johnston County will not be responsible for any interpretation other than those issued in written form Therefore , email inquiries are preferable B Purpose This prequalification procedure is established pursuant to the General Statues of North Carolina The purpose of this procedure is to define the manner in which contractors shall be determined by Johnston County to be prequalified to bid on the project No bid shall be accepted by Johnston County for the project unless the contractor submitting such bid has been prequalified in accordance with these procedures C Instructions to Applicants A contractor who seeks to be prequalified for this project shall submit the attached completed “ Johnston County Contractor Prequalification Application ” 1 Contractors are specifically directed to provide only information requested in the prequalification package Do not send corporate brochures or marketing information not intended to address specific questions 2 Applications that are incomplete or received after the deadline will not be considered for prequalification on this project 3 Four bound , tabbed copies of this application package shall be submitted to Timothy G Broome , PE Project Engineer Johnston County Department of Utilities PO Box 2263 309 E Market Street Smithfield , NC 27577 The prequalification application shall be submitted on or before 5 00 pm on August 31 , 2018 Johnston County reserves the right to reject any and all applications ; to waive all technicalities and irregularities , and to request additional information from an applicant D Consideration of an Application for Prequalification – General RequirementsPage2410 August 6 , 2018 – 10 00 am Continued A prequalification Committee established by Johnston County shall evaluate the application and determine whether the applicant is prequalified to bid on the project , following an objective set of criteria , based upon the information contained in the application , on any supplemental information acquired by Johnston County from the applicant , or any other relevant information known to Johnston County Failure to answer all of the questions may result in disqualification In order to be considered for prequalification , the applicant must first meet or comply with the following basic prerequisite requirements based on the information to be provided in Section 1 – General Overview Information Items 1 - 4 and Section V 1 Contractor must provide information on the type of company and type of work the contractor performs 2 Contractor must meet the requirements of Chapter 87 of the General Statues of North Carolina North Carolina Licensing Requirements applicable for the contract for which it is seeking prequalification 3 Contractor must provide proof of bonding capacity , as indicated in Part D , which will be available no later than October 1 , 2018 , of at least 5,000,000 4 Contractor must provide evidence of insurance cover age , which will be available no later than October 1 , 2018 as indicated in Section 1 Item E 5 Contractor must sign , date , and notarize the certification section of the application as shown in Section V 6 Contractor must provide all information described in Section II – Company Profile & History , Section III – Contractor Performance History and Section IV – Contractor Project Information 7 Contractor must provide information on at least three 3 projects successfully completed within the past five 5 years which are similar in size and cost to the portion of the project for which the contractor wishes to prequalify 8 Contractor must have satisfactorily completed within the past five 5 years , at least one project of similar size and complexity to this project , for a public utility , which has a total actual contract amount not project cost in excess of 3,000,000 to prequalify for single prime construction contract E Evaluation Criteria and Scoring All applications submitted will be evaluated according to the criteria and scoring values shown in Section VI The evaluation criteria are generally based on the following factors ? Satisfactory experience and success with projects of similar scope ? Proven experience in responsible and responsive project management and timely completion of previous contracts ? Monetary value of construction contract change orders and responsiveness of the contractor in providing sufficient documentation to finalize these change orders ? Bonding capacity and adequate insurance coverage ? Reputation for timely , high quality and workmanlike completion of prior contracts based upon references from owners and engineers on previous projects ? Qualifications , experience , and workload of staff for this project ? History of claims , lawsuits , arbitration , mediation , or other disputes on construction projects within the previous 5 years ? Demonstrated practice of encouraging participation of Minority Business firms ? Safety record over the past three years F Notification of Applicants All contractors who submit an application will be notified of their eligibility for bidding prior to the project being released for bid A listing of all contractors qualified to bid on the project will be made available by Johnston County at the time the project is released for bid G Protest Procedure A written protest must be received by the Project Engineer , within three 3 business days excluding County Holidays of notice of decision that the firm has been denied prequalification The written protest shall clearly articulate the reasons why the firm is contesting the denial and attach all documents and additional information supporting the firm’s position The prequalification committee may contact the firm regarding the information provided prior to its determination of the appeal If the prequalification committee is satisfied that the firm should be prequalified , the firm shall be notified that it is prequalified to bid on the project and allowed toPage3411 August 6 , 2018 – 10 00 am Continued participate in the bid process If the prequalification committee upholds its denial , the firm shall be promptly notified in writing via email and first class mail by the County’s Project Engineer within five business days of receipt of the written protest This decision shall be final H General Comments and Clarifications 1 Any cost incurred by respondents in preparing or responding to this Request for Prequalification shall be the respondents ’ sole responsibility 2 All responses , inquiries or correspondence relating to this Request will become the property of Johnston County when received 3 Johnston County has sole discretion and reserves the right to reject any and all responses received with respect to this Request and to cancel the Request for Prequalification process at any time prior to the beginning of the bid period The County reserves the right to request additional information or clarification of information provided in the response without changing the terms of the Request 4 Respondents are advised to refrain from contact with Prequalification Committee members and the Project Designer Any specific questions regarding the Request for Proposal should be directed to the Project Engineer Johnston County Contractor Prequalification Application Section I General Overview Information A Firm’s Name and Principal Office serving this project Company Name ________________________________________________________________ Address ______________________________________________________________________ City , State , Zip _________________________________________________________________ Contact Name _________________________________________________________________ Phone ____ _____ - _________ Extension ____________________ Email _________________________________________________________________________ B Type of Company check one ____ Corporation _____LLC ____ Individual ____ Joint Venture ____ Partnership ____ Other please specify _______________________ C License – North Carolina License Type check ____ General Construction ____ Mechanical ____ Plumbing ____ Electrical ____ Other please specify ______________ 1 North Carolina License Number _______________________________________ 2 License Limitations or Level __________________________________________ D Bonding Capacity Attach a letter , dated within the last 30 days , from your surety company or its agent licensed to do business in North Carolina , verifying your company’s capability and unused capacity based on your current value of work for providing sufficient performance and payment bonds for this project Surety company bond rating shall be rated “ A ” or better under the AM Best Rating system or The Federal Treasury List Provide a separate letter from your bonding company , not the agent , indicating their willingness to furnish performance and payment bonds for 100 of the applicable amount s listed on page 3 E Insurance Provide evidence of insurance coverage for not less than the following limits or greater if required by law , should the applicant subsequently be the successful bidder Evidence of insurance in the required amounts shall be provided 1 Worker’s Compensation a State StatutoryPage4412 August 6 , 2018 – 10 00 am Continued b Voluntary compensation by any exempt entities Same as State c Applicable Federal eg , Longshoremen’s Statutory d Employer’s Liability 1,000,000 per Accident 1,000,000 Disease Policy Limit 1,000,000 Disease , Each Employee 2 Comprehensive or Commercial General Liability including Premises - Operations ; Independent Contractor’s Protective ; Products and Completed Operations ; Broad Form Property Damage a Bodily Injury 1,000000 Each Occurrence 2,000,000 Aggregate b Property Damage 1,000,000 Each Occurrence 2,000,000 Aggregate c Products and Completed Operations to be maintained for 3 years after Final Completion d Property Damage Liability Insurance shall provide X , C and U coverage e Medical expense limit shall not be less than 5,00000 on any one person f Broad Form Property Damage Cove rage shall include Completed Operations 3 Contractual Liability a Bodily Injury 1,000,000 Each Occurrence b Property Damage 1,000,000 Each Occurrence 2,000,000 Aggregate 4 Personal Injury , with Employment Exclusion deleted 1,000,000 Aggregate 5 Business Auto Liability including owner , non - owned and hired vehicles a Bodily Injury 1,000,000 Each Occurrence 1,000,000 Aggregate b Property Damage 1,000,000 Each Occurrence Or 1,000,000 Combined Single Limit 6 Umbrella Excess Liability 5,000,000 over Primary Insurance 250,000 or less retention for self - insured hazards each occurrence Umbrella Excess Policy shall provide Excess Liability coverage over the General Liability , Automobile Liability , Worker’s compensation and Professional Liability policies Any exceptions must be approved by the Owner 7 Aircraft Liability owned and non - owned when aircraft are used in the performance of the Contract With limits proposed by Contractor for Owner’s approval 8 Watercraft Liability owned and non - owned when watercraft are used in the performance of the Contract With limits proposed by contractor for Owner’s approval 9 If a Commercial General Liability form and or Business Automobile Liability form is used , Bodily Injury and Property Damage limits may be consolidated under a Combined Single Limit of one 1 million dollars 1,000,000 per occurrence subject to Aggregate of two 2 million dollars 2,000,00000 with a policy aggregate of 2 million 2,000,00000 dollars and the Commercial General Liability Policy endorsed to have the General Aggregate apply to this Project only 10 Builder’s Risk at the full insurable value of the entire work site 11 Can your insurer provide evidence of the above insurance ___ Yes ___ No Johnston County Contractor Prequalification Application Section II Company Profile and History A Company History 1 Number of years in business as a contractor under the company name listed in Section I , Item A , above _____ years List any other names the firm has operated under over the past twenty 20 years ________________________________________________________________________ ________________________________________________________________________ 2 List date , State and type of incorporation , partnership , or proprietorship establishment ________________________________________________________________________ Date State Type incorporation , partnership , proprietorship Page5413 August 6 , 2018 – 10 00 am Continued 3 List names of the firm principals appropriate to the type of the firm Corporation – President Vice President , Secretary , Treasurer President ________________________________________________________________ Vice - President ____________________________________________________________ Secretary ________________________________________________________________ Treasurer ________________________________________________________________ Partnership – Partners _____________________________________________________ Proprietorship – Owner _____________________________________________________ Other – List and explain ___________________________________________________ 4 Has your company ever performed construction work for Johnston County or any local government in the State of North Carolina and or related public agencies ___ Yes ___ No If yes , include name of the agency , project , dollar value , owner and engineer names and contact phone numbers , scheduled completion and actual completion dates for all projects completed within the last five 5 years List on Separate Sheet B Company Location , Size and Capacity 1 If your organization has multiple office locations , indicate the location of the principal place of business ________________________________________________________________________ 2 If your organization has multiple office locations , indicate the location which will support this project ________________________________________________________________________ 3 How many full - time permanent employees work for your organization ______________ 4 If your organization has more than one office location , how many full - time permanent employees work for the company at the location which will support the project _____ ________________ C Staffing and Organizational Structure 1 Staffing Qualifications – Describe how your firm would staff this project Provide organizational structure reflecting authority , responsibility , and proportion of time dedicated to this project for all key personnel and job descriptions As attachments , include qualifications resumes of the project team key personnel to be assigned to this project , including as a minimum the project manager and project superintendent For each resume include name , length of time employed with your firm , proposed position , education and training , professional registrations , licenses , and affiliations , company and project - specific employment history 2 Project - specific Staff Experience – Project - specific employment history is requested for key personnel for similar projects performed within the last five 5 years Information should include project size and description , time and budget performance , position held , authority and responsibilities , contributions made to project success , and include owner engineer contact with phone numbers Provide evidence that the key personnel have worked together successfully as a team 3 Self - Performance and Sub - contracting a Describe what portions of the project would be self - performed ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ b List what portions of the project would be sub - contracted ________________________________________________________________________ ________________________________________________________________________Page6414 August 6 , 2018 – 10 00 am Continued ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ D Workload 1 How many projects to you currently have under contract or in progress _____ Total dollar value _______________ 2 List the three 3 largest contracts currently under contract or in progress , including the name of the project , owner , and engineer names and phone numbers , contract dollar values , percentage complete and currently anticipated completion dates List on separate sheet Johnston County Contractor Prequalification Application Section III Contractor Performance History A Safety Record for Past Three Years 1 List your company’s Experience Modification Rate EMR _______________________________ 2 List your company’s Incidence Recordable Rate IRR ___________________________________ 3 List your company’s Lost Day Case Rate LDCR ________________________________________ 4 If these rates reflect corporate performance over a number of locations , please explain , to the extent possible , the performance experience of the location serving this project ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ B Claims History If the answer to any of the questions below is yes , please attach details 1 Has your organization ever failed to complete any work awarded to it Yes _____ No _____ 2 Has your organization ever failed to substantially complete a project in a timely manner ie , more than 20 beyond the originally contracted , scheduled completion date Yes ___ No ___ 3 Has your organization been involved in any suits or mediation arbitration proceedings within the last five 5 years Yes _____ No _____ 4 Are there currently any judgments , claims , mediation arbitration proceedings or suits pending or outstanding against your organization or its officers Yes _____ No _____ 5 Has your present organization , its officers or owners , ever been barred from bidding public work in North Carolina Yes _____ No _____ If the response is “ yes ” for no 5 , Johnston County reserves the right to deny prequalification pending its review of the circumstances C Bonding History 1 Have any funds been expended by a surety company on your behalf over the past ten 10 years Yes _____ No _____ If yes , attach explanation D HUB Plan 1 Does your organization currently have a documented plan for engaging subcontractor participation from Historically Underutilized Businesses Yes _____ No _____ 2 What has been your organization’s typical percentage level of HUB participation for similar projects in North Carolina _____ Johnston County Contractor Prequalification Application Section IV Contractor’s Project InformationPage7415 August 6 , 2018 – 10 00 am Continued 1 List of North Carolina Projects Attach a listing of projects completed for Public Utilities in North Carolina within the past five 5 years List the following information for each project a Project Name b Owner Contact Name Address Phone Number c Dollar Amount d Engineering firm and phone number e Scheduled Completion Date f Actual Completion Date 2 Similar Project Examples On the following forms ; provide background information for a minimum of three 3 projects completed in the past five 5 years that are similar in size and scope to the work for which you seek prequalification Include at least one project completed for a Public Utility in North Carolina Johnston County Contractor Prequalification Application Similar Project Examples Project 1 of 3 Provide the following background information on your firm’s most recent completed projects in the past five 5 years that is most similar in size and cost to the scope of work for which you seek prequalification Project Name _____________________________________________________________________ Project Owner ____________________________________________________________________ Project Location ___________________________________________________________________ Project Designer include company , engineer of record and phone ________________________________________________________________________________________________ Year Completed _____________________________ Original Contract Time Days __________________ Final Contract Time Days ____________________ Delay or Liquidated Damages Claims Made by the Owner Dollars ___________________________ Any arbitration , mediation , lawsuits , or other disputes associated with this project Yes ___ No ___ If yes , list on separate page Original Contract Amount ___________________ Final Contract Amount ______________________ Minority Business Participation Yes ____ No ____ Percent of total M WBE participation ______ Briefly describe the project ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ List of key personnel in your firm who were assigned to the project project manager , field superintendent , field engineers , etc who had direct responsibility for the day - to - day management of the project Project Manager ____________________________________________ Superintendent _____________________________________________ Field Engineer ______________________________________________ Other _____________________________________________________ Johnston County Contractor Prequalification Application Similar Project Examples Project 2 of 3 Provide the following background information on your firm’s most recent completed projects in the past five 5 years that is most similar in size and cost to the scope of work for which you seek prequalification Project Name _____________________________________________________________________Page8416 August 6 , 2018 – 10 00 am Continued Project Owner ____________________________________________________________________ Project Location ___________________________________________________________________ Project Designer include company , engineer of record and phone ________________________________________________________________________________________________ Year Completed _____________________________ Original Contract Time Days __________________ Final Contract Time Days ____________________ Delay or Liquidated Damages Claims Made by the Owner Dollars ___________________________ Any arbitration , mediation , lawsuits , or other disputes associated with this project Yes ___ No ___ If yes , list on separate page Original Contract Amount ___________________ Final Contract Amount ______________________ Minority Business Participation Yes ____ No ____ Percent of total M WBE participation ______ Briefly describe the project ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ List of key personnel in your firm who were assigned to the project project manager , field superintendent , field engineers , etc who had direct responsibility for the day - to - day management of the project Project Manager ____________________________________________ Superintendent _____________________________________________ Field Engineer ______________________________________________ Other _____________________________________________________ Johnston County Contractor Prequalification Application Similar Project Examples Project 3 of 3 Provide the following background information on your firm’s most recent completed projects in the past five 5 years that is most similar in size and cost to the scope of work for which you seek prequalification Project Name _____________________________________________________________________ Project Owner ____________________________________________________________________ Project Location ___________________________________________________________________ Project Designer include company , engineer of record and phone ________________________________________________________________________________________________ Year Completed _____________________________ Original Contract Time Days __________________ Final Contract Time Days ____________________ Delay or Liquidated Damages Claims Made by the Owner Dollars ___________________________ Any arbitration , mediation , lawsuits , or other disputes associated with this project Yes ___ No ___ If yes , list on separate page Original Contract Amount ___________________ Final Contract Amount ______________________ Minority Business Participation Yes ____ No ____ Percent of total M WBE participation ______ Briefly describe the project ________________________________________________________________________________________________Page9417 August 6 , 2018 – 10 00 am Continued ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ List of key personnel in your firm who were assigned to the project project manager , field superintendent , field engineers , etc who had direct responsibility for the day - to - day management of the project Project Manager ____________________________________________ Superintendent _____________________________________________ Field Engineer ______________________________________________ Other _____________________________________________________ Johnston County Contractor Prequalification Application Section V Application Certification The undersigned certifies that under oath the information provided herein is true and sufficiently complete so as not to be misleading A Dated this the _____ day of ____________________________ , 2018 Submitted by _________________________________________________________________ Name of Contractor’s Contact _________________________________________________________________ Company Name _________________________________________________________________ Address _________________________________________________________________ City State Zip Phone _________________________________________________________________ Contact Person’s Phone Number Email _________________________________________________________________ Contact Person’s Email Address Signature _________________________________________________________________ By Authorized Officer _________________________________________________________________ Title of Authorized Officer B NOTARY CERTIFICATION North Carolina _________________________ County I , _________________________________ , a Notary Public of the County and State aforesaid , certify that _____________________________________ , personally appeared before me this day and acknowledged the execution of the foregoing instrument Witness my hand and official seal , this the _____ day of _________________________________ , 2018 Official Seal or Stamp Notary Public ___________________________ My commission expires _______________________________________ , 20___ Johnston County Contractor Prequalification Application Section VI Prequalification Scoring MatrixPage0418 August 6 , 2018 – 10 00 am Continued Each application package submitted will be evaluated according to the criteria listed in the Prequalification Scoring Matrix on the following page The criteria is organized according to Application Sections I through IV and will be evaluated and scored as shown below The maximum possible score is 100 points The minimum score for prequalification for this project will be 80 points Johnston County Contractor Prequalification Application PREQUALIFICATION SCORING MATRIX Question Max Information Requested Score Ref Pts Section I – Basic Overview of Firm Prerequisite Criteria A 1 Name of Company , Principal Office Location B 1 Type of Company C 1 - 3 Contracting License Information D 1 Bonding Company and Capacity E 1 - 5 Insurance Coverage Section 5 - Application Certification – Signed , Dated and Notarized Must Meet ALL Requirements in this Section to Proceed – Total Score Section I 5 Section II – Company Profile and History A 1 No of Years Under Current Name 0 – 5 years 1 ; + 5 years 2 2 A 2 Principal Business Location in NC 1 ; outside NC 0 1 A 2 Project Office in NC 0 – 2 depending on proximity 2 A 4 Previous Work with Public Utilities in NC 3 B 1 - 4 No of Employees Company - wide ; Staff Location ; Size & Location Serving Project 3 C 1 Staff Qualifications 6 C 2 Project Specific Staff Experience 6 D 1 - 2 Dollar Value of Projects Under Contract 2 D 3 List of Largest Contracts 1 Total Score Section II 26 Section III – Contractor Performance History A 1 - 4 Safety Record EMR lt; 100 ; IRR lt; 400 ; LCDR lt; 008 1 pt for each threshold 3 B 1 Completed all Construction Contracts 5 Failed to Complete Projects on Schedule B 2 3 No 3 ; Yes , with good cause 2 ; Yes without good cause 0 Suits or Arbitration in Past 5 years B 3 6 No 6 ; Yes , with good cause 3 ; Yes , without cause 0 B 4 Judgments Against Company No 3 ; Yes 0 3 B 5 Barred from Bidding No 6 ; Yes 0 6 C 1 Funds expended by Surety No 4 ; Yes , w good cause 2 ; Yes , w o cause 0 4 D 1 HUB Plan Yes 2 ; No 0 2 D 2 Record of HUB Participation Avg over 5 years + 10 2 ; 5 - 10 1 ; lt; 5 0 2 Total Score Section III 34 Section IV – Contractor Project Record A 1 NC Local Projects within Past 5 years 5 B 1 Project Specific Reference 1 of 3 10 Project Specific Reference 2 of 3 10 Project Specific Reference 3 of 3 10 Total Score Section IV 35 TOTAL SCORE SECTIONS I – IV 100 10 Public Utilities – Nitrogen Allocation Purchase Utilities Director Chandra Farmer , PE , explained that the Johnston County Regional Wastewater Treatment Facility has an effluent limit of 71,477 lbs per year for Total Nitrogen TN and unlike other parameters , nitrogen is allocated on a mass basis rather than a concentration Ms Farmer stated the TN limit will remain the same even with future plant expansions and the plant is currently rated at 95 MGD ; however , a 40 MGD plant expansion is under design Ms Farmer reported the existing TN allocation should be sufficient for a plant rating of up to 115 MGD , assuming the facility continues to achieve TN removal consistent with current operations ; however , in order to receive a modified NPDES permit for any increased flow , the CountyPage1419 August 6 , 2018 – 10 00 am Continued must identify how it will meet the TN limits Ms Farmer stated TN allocation is not readily available within the Neuse River Basin and most permit holders understand the value and prefer to maintain any current excess allocation for future growth She stated the County’s near - term strategy includes pursuing lease arrangements , in addition to any available TN allocation purchases while the long - term plan will also include any available allocation purchases , expanding the reclaimed water facilities , the purchase of nutrient offset credits through mitigation banks and additional advanced technologies Ms Farmer cautioned that in lookin