November 3, 2003 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 491 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS November 3 , 2003 The Johnston County Board of Commissioners met in regular session Monday , November 3 , 2003 , at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver , and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted 1 Minutes Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the minutes of the October 6 , 13 , 27 , 2003 board meetings as presented 2 Public Comments lt; Citizen’s Request for County’s Assistance in Regulating the Shooting of Guns Herbert Rosser of Raleigh spoke to the Board about an incident on September 7 , 2003 , when his daughter’s home on Pond Avenue in Clayton was hit by stray bullets fired by a neighbor Mr Rosser stated , in his opinion , the County needs to find some way to regulate the shooting of guns He provided Board members with a copy of the incident investigation report which indicated that no criminal charges would be filed for shooting into an occupied residence because it was unintentional He noted with the increased population of the County , something needs to be done before someone is seriously hurt He asked his daughter , Martha Rosser , to read aloud a letter addressed to the Board asking for their help Following the reading of the letter , Mr Rosser noted this incident should be a warning that something needs to be done before there is a serious accident that takes someone’s life Later in the meeting , County Manager , Rick Hester , stated he has been looking at ordinances other counties have adopted that might address this matter He stated he would continue to research this and report back to the Board lt; Property Tax Valuation Complaint Judy Shelly of Clayton voiced concerns over her 2003 tax bill and the value on her property She explained that the property was purchased in December 2002 and due to a late filing of the deed , important information concerning her appeal of the value was sent to the former property owner and never forwarded to her She asked for special consideration and a refund of taxes paid Later in the meeting , Tax Administrator , Pat Goddard , discussed this matter briefly with the Board and noted the problem is that even though the property closed in 2002 , the deed did not get recorded until January 2003 Unfortunately , the previous owner did not forward all the correspondence to Ms Shelly As for her valuation , the revaluation process is a mass appraisal , and a number of factors , including sales data , are considered Commissioner Allen L Mims , Jr suggested Ms Shelly might have some recourse through her attorney who failed to file the deed before the end of the year lt; Update on Hurricane Isabel Emergency Management Director , Dewayne West , updated the Board on the impact of Hurricane Isabel on Johnston County He noted the County was not declared for Federal disaster relief ; however , hopefully there are some non - federal funds that can be obtainedPage492 November 3 , 2003 Continued to help offset expenses He noted that thankfully the storm did not do much damage in the County ; however , the experience proved to be a good exercise for the Emergency Operation Center , which was staffed and ready to respond if needed Commissioner Jeffrey P Carver stated he was very impressed with the preparedness that was shown by the pre - hurricane sessions he attended and the operation of the EOC In response to a question from Commissioner Cookie Pope about how debris removal is handled following a storm , Mr West noted the County has a pre - storm contract , which was not activated in this storm , but would be used if needed The contract , which guarantees set prices , is with a company that would oversee the project but would subcontract with local people to do the work lt; Update on Employment Security Commission Nelson Rose , office manager for the local State Employment Security Commission , updated the Board on the accomplishments of his agency He commended the different County agencies that work closely with ESC to find suitable jobs for the citizens of the County Board members thanked Mr Rose for keeping them updated monthly 3 Commissioners Support Resolution Adopted by the Board of Health Larry Sullivan , supervisor with Environmental Health , asked the Commissioners to support a resolution adopted by the Board of Health requesting the State reject the permanent adoption of a section of a temporary rule which would make redoximorphic features the main factor used to determine soil wetness He noted that due to resolutions from a number of eastern NC counties , that portion of the rule was removed at this time ; however , in his opinion , it will resurface at a later date Commissioner Cookie Pope , who serves on the Health Board , noted if this rule is ever put in place , it would be costly for many people , and there would be a number of additional septic fields required Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board added their support for the Resolution on Proposed Amendment to 15A NCAC 18A 1942 Soil Wetness that was adopted by the Board of Health on October 27 , 2003 4 Public Hearing 10 30 am - Hospital Financing Advertised The Smithfield Herald , October 21 , 28 , 2003 The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed 5 million Installment Purchase Contract with First Citizens Bank to finance for Johnston Memorial Hospital certain medical equipment and the construction of a structure on the hospital property to house the equipment There being no comments , the Chairman closed the public hearing Resolution Authorizing the Filing of an Application for Approval of Financing for Hospital NOTE This resolution replaces the resolution adopted September 2 , 2003 Book 23 , pp 437 - 438 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adopted the following revised resolution authorizing the application with the Local Government Commission for financing by the Johnston Memorial Hospital for new equipment and construction of a building to house the new equipment RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF ONE OR MORE INSTALLMENT FINANCING CONTRACTS AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A - 20 WHEREAS , the County of Johnston , North Carolina the “ County ” owns Johnston Memorial Hospital the “ Hospital ” which is operated by a Board of Trustees appointed by the County ; and WHEREAS , the Hospital desires to purchase certain equipment consisting of a magnetic resonance imaging scanner “ MRI ” , a computerized axial tomography scanner and certain other imaging equipment collectively , the “ Equipment ” , to construct a building on the Hospital property to house the MRI and to construct certain other improvements to the Hospital property collectively , the “ Improvements to Real Estate ” collectively , the “ Project ” ; andPage493 November 3 , 2003 Continued WHEREAS , it is proposed that the Project be financed through two installment financing contracts the “ Contracts ” entered into by the County pursuant to NCGS § 160A - 20 for the benefit of the Hospital , one for a term of five 5 years for the Equipment and one for a term of fifteen 15 years for the Improvements to Real Estate ; and WHEREAS , the purpose of the Project is to better serve the healthcare needs of the citizens of the County ; and WHEREAS , findings of fact by the Board of Commissioners of Johnston County must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in NCGS 159 - 151 prior to approval of the proposed contract ; NOW , THEREFORE , BE IT RESOLVED that the Board of Commissioners of Johnston County , North Carolina , rd meeting in regular session on the 3 day of November , 2003 , make the following findings of fact 1 The proposed Contracts are necessary or expedient because I the Project will enhance the diagnosis and treatment of illness and improve the provision of health care to the citizens of the County and ii it would be financially disadvantageous to fund the Project internally with Hospital reserves 2 The Contracts are preferable to a bond issue for the same purpose because the costs of issuance for such a small obligation would increase the effective interest rate to an unacceptable rate 3 The sums to fall due under the Contracts are adequate and not excessive for the proposed purpose because I the Equipment will be purchased pursuant to a competitive group purchasing program , ii the Improvements to Real Estate will be competitively bid , and iii the interest rate or rates paid under the Contracts will be determined pursuant to a competitive process 4 Facts supporting the conclusion that debt management policies have been carried out in compliance with the law and reasonable assurances that compliance with the law will henceforth be carried out are as follows a The Local Government Commission has taken no action against the County , nor found the County to have acted improperly in debt management b The County has not defaulted on any debt obligation © The County follows the debt management guidelines of the North Carolina Local Government Commission 5 There will be no increase in taxes necessary to meet the sums to fall due under the Contract 6 The County is not in default in any of its debt service obligations 7 The attorney for the County has rendered an opinion that the proposed Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina 8 The probable net revenues of the Project to be financed will be sufficient to meet the sums to fall due under the proposed Contracts , and Johnston Memorial Hospital has agreed to make all payments 9 All assets shall be titled in the name of Johnston County 10 The Finance Officer is hereby authorized and directed to act on behalf of the County in filing an application with the North Carolina Local Government Commission for approval of a 3,000,000 installment financing contract to finance the Equipment with a term of 5 years , and a 2,000,000 installment financing contract to finance the Improvements to Real Estate with a term of 15 years 11 All other action of the Board and the officers of the County and the Hospital that are in conformity with the purposes and intent of this Resolution are hereby approved rd This Resolution is effective upon its adoption this 3 day of November , 2003 5 Department of Transportation - Additions to System The Board reviewed petitions presented by the North Carolina Department of Transportation requesting the following roads be added to the State Secondary System for maintenance Greenlyn Drive and Ashlyn Drive in Brook Green Subdivision , Clayton Township Windgate Drive , Normandy Drive , Bellaire Court , and Coventry Court in Plantation Point Subdivision , Phase 1 , Wilders Township Southfork Drive , Black Angus Drive , Holstein Drive , Longhorn Drive , and Jersey Court in The Meadows of Southfort Subdivision , Sections 1 , 2 , and 3 of phase 2 , Cleveland Township Lily Crossing , Groundsel Place , Mayflower Way , Waterleaf Place , Sweetbriar Court , Silkgrass Way , Rockrose Avenue , and Greenbrier Court in The Gardens at Flowers Plantation Subdivision , Section 2 , Wilders Township Commissioner W Ray Woodall moved the Board concur with the NC Department of Transportation’s request to add the above listed roads to the State Maintained System Commissioner Thomas M Moore seconded the motion which carried by unanimous vote 6 Proclamation - Veterans Day 2003 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adopted the following proclamation Page494 November 3 , 2003 Continued P R O C L A M A T I O N - V E T E R A N S D A Y - 2003 th WHEREAS , for decades America has paused on the 11 of November , the anniversary of the armistice that concluded World War I , to remember and to honor our veterans of military service in proud and grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace ; and WHEREAS , the freedoms we enjoy have been purchased and maintained at a high price , as Americans have been willing , throughout our history , to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights ; and WHEREAS , Americans owe a great debt to all those who have served in defense of this nation throughout the generations ; for their sacrifices , often resulting in permanent injury or death , which have preserved our unique form of government dedicated to human right and respect for the individual , and preserved our freedoms and promise of liberty as an example for oppressed persons of the world ; and WHEREAS , in honor of these dedicated men and women , we pledge our continued defense of our nation so that their sacrifice will stand before all the world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim November 11 , 2003 , as “ Veterans Day ” in Johnston County , and urge our citizens to commend its observance rd Proclaimed this the 3 day of November , 2003 7 Funding Approved for New Disabled American Veterans DAV Van Jesse O Lewis , Commander of Johnston County Disabled American Veterans Chapter 44 , explained the DAV previously asked the Board to commit to an allocation of 10,000 to be used in May 2004 to purchase a replacement van to transport veterans to area health facilities He noted the cost of the van has increased , and the DAV will need an additional 1,000 He noted the current van will be sold , and the DAV will give 75 of the proceeds of the sale back to the County Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved an allocation of up to 11,000 from Capital Outlay for a replacement van for the Disabled American Veterans , and recommended the DAV sell the existing van at a future public auction held for the County 8 Surplus Property - Public Utilities and Sheriff’s Department Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board declared the following vehicles surplus and authorized that they be sold at the County’s public auction , which will be conducted by Wester Auction Company of Benson on Saturday , December 6 , 2003 at 10 00 am at the Johnston County Livestock Arena Public Utilities Year Make Model VIN Mileage 1991 Chevrolet S - 10 Pickup 1GCCS14R8M2298412 105,037 1989 Dodge Ram Pickup 1B7HE26XXKS028352 115,578 1982 Mack Dump Truck 1M2K127C7CM004685 368,500 1999 Chevrolet S - 10 Pickup 1GCCS14X6XK137155 110,294 Sheriff’s Department - 19 vehicles 1996 Dodge Truck 3B7HC13Y4TM109208 154,295 1996 Chevrolet Caprice 1G1BL52P5TR175151 122,124 1996 Chevrolet Lumina 2G1WL52MXT1208662 114,974 1997 Chevrolet Lumina 2G1WL52M7V9315513 116,749 1997 Chevrolet Lumina 2G1WL52M2V9314558 113,190 1997 Chevrolet Lumina 2G1WL52M5V9314120 112,063 1998 Ford Crown Victoria 2FAFP71W4WX191987 132,910 1998 Ford Crown Victoria 2FAFP71W5WX191996 101,873 2000 Ford Crown Victoria 2FAFP71W1YX111239 137,892 2000 Ford Crown Victoria 2FAFP71W9YX111232 135,292 2000 Ford Crown Victoria 2FAFP71W4YX111235 135,033 2000 Ford Crown Victoria 2FAFP71W0YX111247 134,780 2000 Ford Crown Victoria 2FAFP71W8YX111237 130,535 2000 Ford Crown Victoria 2FAFP71W6YX111236 129,177 2000 Ford Crown Victoria 2FAFP71W9YX111246 127,826 2000 Ford Crown Victoria 2FAFP71W8YX111240 126,329 2000 Ford Crown Victoria 2FAFP71W0YX111233 117,588 2000 Ford Crown Victoria 2FAFP71W2YX111234 115,035 2001 Ford Crown Victoria 2FAFP71W71X109596 113,242PagePage pageNumber5495 November 3 , 2003 Continued 9 Council on Aging - Request for Commitment of Funds for FY 2004 - 05 Donna Creech , executive director of Council on Aging , asked the Board to make a commitment to provide 44,392 in the FY 04 - 05 budget as a match for the NC DOT Community Transportation Program FY05 Grant , which annually provides the administrative and capital funds for the JCATS operation Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board agreed to allocate 44,392 in the FY 04 - 05 budget as matching funds for the NC DOT Transportation Program Grant for the operation and capital needs of the Johnston County Area Transportation System Ms Creech thanked the Board and introduced the new transportation manager , Dave Turnage 10 Purchase of Property Approved for Johnston Memorial Hospital The Chairman noted that Johnston Memorial Hospital is negotiating with property owners , George and Linda Ballance , to purchase the land the Hospital has been leasing for the Johnston Family Care Center in Kenly The property would be titled to the County in accordance with the 1948 hospital establishing resolution , but would be paid for by the Johnston Memorial Hospital Since the property would officially belong to the County Board , approval is required Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the purchase by Johnston Memorial Hospital of property they have been leasing in Kenly for the Johnston Family Care Center , and authorized staff to handle the details of the transaction 11 Resolution Approving Transfer of Control of Johnston County Cable System to Time Warner Brad Phillips with Time Warner stated his company has been working toward acquiring the Johnston County Cable system for some time and is excited about the opportunity to expand their operation in the County The resolution was sent to the Board from Johnston County Cable , but Time Warner fully supports it as well He noted once the transaction is complete , he will come back to the Board with a complete overview , including short - term and long - term plans He stressed the process of serving all the areas involved will take time Mr Phillips introduced Andi Curtis , public affairs manager in this area , and noted people who have questions may call either him or Ms Curtis for more information Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adopted the following resolution RESOLUTION WHEREAS , the County of Johnston , North Carolina the “ County ” has granted a franchise to operate a cable television system to Johnston County Cable Limited Partnership , as successor in interest to Channel Master , a Division of Avnet , Inc , pursuant to a Cable TV Franchise , dated May 1 , 1989 the “ Franchise ” ; and WHEREAS , Thomas M Duddy , Receiver for Johnston County Cable Limited Partnership , duly appointed pursuant to a court order dated March 14 , 2002 “ Seller ” , has notified the County that Seller intends to sell substantially all of assets , but excluding the Franchise the “ Transaction ” , of Seller’s cable television system serving the County the “ System ” to Time Warner Entertainment - Advance Newhouse Partnership “ Time Warner ” ; and WHEREAS , the Franchise requires that the County grant its approval to a transfer of control of the System by Seller ; and WHEREAS , Seller and Time Warner have requested that the County approve the transfer of control of the System by Seller to Time W arner NOW , THEREFORE , BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS 1 The County does hereby approves the transfer of control of the System to Time Warner 2 The foregoing approval to the transfer of the System shall be effective as of the date of consummation of the Transaction the “ Effective Date ” Notice of the Effective Date shall be given to the County 3 The County hereby consents to any subsequent transfer of the System after the Effective Date by Time Warner to any affiliate of Time Warner 4 At the time of the transfer of control , the existing Johnston County Cable franchise will no longer be in effect rd Adopted by the Johnston County Board of Commissioners , Johnston County , North Carolina on this 3 day of November , 2003 PagePage pageNumber6496 November 3 , 2003 Continued 12 Adoption and Placement Contract Approved for Animals at the County Facility The Board considered a proposed contract that would be used when pets are adopted from the County’s Animal Shelter In addition to outlining the expectations of treatment to adopted animals , the contract would establish a policy to ensure that the spay neuter procedure is carried out as required Upon proof of the procedure , the County would reimburse a portion of the adoption fee If an adopting family fails to have this done , they would be required to return the pet to the County facility and pay 7500 as liquidated damages for failure to comply with the terms of the contract Staff has requested the Board approve the contract in form Joan Harding with the Animal Protection League asked the Board to consider changing the policy and have the spay neuter procedure done on animals prior to adoption She suggested the proposed policy would be difficult to enforce with the limited employees at the shelter Commissioner Allen L Mims , Jr asked what Ms Harding would suggest be done with six to eight week old puppies that were adoptable Ms Harding stated there are veterinarians who will do this procedure on young puppies County Manager , Rick Hester , stated he has shared a draft copy of the contract with the Johnston County Animal Protection League and most members were supportive In response to Ms Harding’s comment , he noted a tracking system will be put in place to make sure the contracts are enforced He requested the Board approve the contract as presented Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved the proposed Adoption and Placement Contract for the Johnston County Animal Shelter 13 Animal Shelter Renamed - Now the Johnston County Pet Adoption Center Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board changed the name of the Johnston County Animal Shelter to the “ Johnston County Pet Adoption Center ” 14 Public Hearing 11 00 am - Revised Chapter 24 Utilities Article I of the County Code Advertised October 21 , 28 , 2003 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on a proposed revision to Chapter 24 , Article I of the Johnston County Code Attorney Mark Payne explained the changes are primarily changes required by the State in terminology that were too numerous to make it practical to amend the existing ordinance He recommended the Board adopt the revised ordinance There being no further comments , the Chairman closed the hearing Revised Chapter 24 Utilities Article I of County Code Adopted Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adopted the following revised Chapter 24 , Article I of the County Code REVISED CHAPTER 24 ARTICLE 1 - JOHNSTON COUNTY CODE OF ORDINANCES To Replace The Existing Chapter 24 , Article 1 Sec 24 - 1 Authority The authority of this chapter is granted under GS 130A - 317 d and 143 - 2151 f which provides for a local government to establish and administer its own approval program in lieu of the state approval of the construction or alteration of the distribution portion of a public water supply system or a wastewater collection system Ord of 11 - 6 - 2000 , § 1 Sec 24 - 2 Intent The intent of this chapter is to 1 Establish a local plan approval program to authorize the county to approve and permit the construction , change to , or operation of water distribution systems also known as distribution system in this chapter or wastewater collection systems also known as collection system in this chapter PagePage pageNumber7497 November 3 , 2003 Continued 2 Establish authority for the enforcement of the local plan approval program through misdemeanor sanctions , civil penalties and injunctive relief 3 Establish county ownership of any private distribution and collection system , which is extended and constructed under the provisions of this chapter Ord of 11 - 6 - 2000 , § 2 Sec 24 - 3 Permit required a No person shall undertake any activity listed in subsection b of this section concerning a distribution system or collection system which is , or is proposed to become , a part of the county distribution system or collection system , and is located within the countys utility service area , as such term is defined in North Carolina General Statutes 143 - 2511 f and 130A - 317 d , unless such person shall have applied for and shall have received from the county a permit therefore , and shall have complied with such conditions , if any , as are prescribed by such permit The term distribution system shall mean and include a network of distribution pipes , hydrants , valves , and related appurtenances but does not include pumps storage tanks , treatment devices , wells , or other facilities The term collection system shall mean and include , but not be limited to , sanitary sewer pipes , valves , air release valves and manholes b Activities prohibited without a permit include 1 Construction or operation of any distribution system or collection system ; 2 Alteration , extension , or change of the construction or method of operation of any existing or proposed distribution or collection system ; or 3 Entering into a contract for the construction and installation of any distribution or collection system , or for the alteration or extension of such a system c Any person proposing to undertake any activity described in subsection b of this section shall make timely and proper application on such forms as may be prescribed by the director of infrastructure and engineering , or his designee , also known as director in this chapter , and provide such information as may be required by the director A copy of all applications for permits subject to this section , of all approved permits and plans , and the engineer’s certification shall be provided to the State Department of Environment and Natural Resources DENR pursuant to applicable law d All distribution or s collection systems proposed for connection to the county distribution or collection system and all proposed modifications to any existing portion of the county distribution or collection system shall be designed , constructed and installed in conformance with applicable provisions of the then current county water and sewer design and construction standards also known as county standards in this chapter , and any other county rules , policies and procedures also known as county requirements in this chapter Any engineering reports , plans , specifications , calculations and profiles submitted by applicants for new distribution or s collection systems and modifications to existing facilities shall be prepared by or under the direct supervision of an engineer licensed to practice in the state , shall bear the seal of such engineer , and shall be subject to approval by the director Such reports , plans , specifications , calculations , and profiles shall be prepared at the expense of the applicant The director shall maintain a copy of the current county standards and county requirements for public inspection e The denial of an application for a permit shall be made in writing and shall contain each reason for the denial and the countys detailed summary of the changes in the applicants proposed activities or plan which will be required in order that the applicant may obtain a permit Nothing in such summary shall preclude or otherwise bar the county from denying a permit , which incorporates such changes , based upon changed circumstances or information not previously known by the county Ord of 11 - 6 - 2000 , § 3 Sec 24 - 4 Permit application a Each application subject to section 24 - 3 shall be accompanied by a fee , which shall be set forth in the countys schedule of charges and fees , an engineers report , plans , specifications , calculations , and other necessary project data A copy of the current fee schedule shall be maintained by the director and made available for inspection upon request The fee shall be subject to adjustment by the board of county commissioners which shall not constitute an amendment to this chapter Any application that is not accompanied by a fee in the proper amount and an engineers report may be considered incomplete and shall be returned to the applicant b The director shall review the fee , engineers report , plans , specifications , calculations , and other project data accompanying an application , and shall determine if the application and accompanying material are complete and in a form acceptable to the director c The director shall endeavor to take final action on all permit applications no later than 30 days following receipt of a complete application ; however , no permit shall be issued until final approval has also been given by the director for any related development plan Final approval shall be given in written letter form , dated and signed by the approving authority All permits issued shall be in writing ; provided , however , in the event construction has not begun pursuant to an issued permit within one year of the date of the permit , the permit shall expire and a new permit must be applied for and obtained by the applicant in accordance with this chapter Construction and operation shall strictly conform to the permit requirements A permit may contain such conditions as the director determines to be reasonably necessary , considering the factors on which final action on a permit can be based Final action on any permit shall be based upon the design , capacity and manner of operation of the appropriate county distribution or collection system ; effectuating the purposes of all applicable rules , regulations , statutes and ordinances of the county , the state , and the United States of America ; and on the county standards and county requirements d If an application under this section is not complete , the application shall be returned to the applicant The director shall advise the applicant in writing 1 How the application can be modified to make it complete and acceptable ; and 2 That the time for the director to take final action on an application does not begin until receipt of a complete , corrected application e Any permit issued by the director , pursuant to this chapter , is subject to revocation , suspension , or modification , in whole or in part , upon 14 days written notice to the applicant by the director for good cause , including , but not limited to 1 Violation of any terms or conditions of this chapter or the permit 2 Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts 3 Refusal of or by the permittee or its contractors , agents or employees to allow authorized officers , employees or agents of the county , upon presentation of credentials , to inspect or observe any activity , system , or other work required by the permittees permit Ord of 11 - 6 - 2000 , § 4 PagePage pageNumber8498 November 3 , 2003 Continued Sec 24 - 5 Enforcement a Any person who violates , fails to comply with , or continues to violate any provision of this chapter or any permit issued under this chapter shall be liable to the county for a maximum civil penalty of up to 10,00000 per violation per day for as long as the violation continues Each day on which a violation shall occur or continue shall be deemed a separate and distinct violation In determining the amount of the civil penalty , the director shall take into account all relevant circumstances , including , but not limited to , the extent of harm caused by the violation , the magnitude and duration of the violation , efforts to correct the violation , the compliance history of the person against whom the violation is assessed , cost of enforcement to the county , whether the violation was committed willfully or intentionally , and any other factor as justice requires b If any person violates the provisions of this chapter or the terms or conditions of any permit issued under this chapter , a civil action may be commenced in the general court of justice in the name of the county for such legal and equitable relief as may be appropriate c The remedies provided in this section are not exclusive The county may take any one , all , or any combination of these actions against any person in violation of the provisions of this chapter or the terms or conditions of any permit issued under this chapter , or any other action allowed pursuant to NC General Statute 153 - 123 Ord of 11 - 6 - 2000 , § 5 Sec 24 - 6 Hearing a Persons entitled to hearing Any person whose application for a permit under this chapter is denied , any person whose application for a permit is issued subject to conditions the applicant finds unacceptable , any person whose permit is revoked or suspended , and any person against whom a penalty is assessed pursuant to this chapter each of whom are referred to in this chapter as aggrieved person is entitled to a hearing in superior court in the nature of certiorari pursuant to this section b Demand for hearing 1 The aggrieved person shall exercise such right to a hearing by making a written demand in superior court for a writ of certiorari for a hearing in accordance with this subsection A copy of the petition must be forwarded to the director 2 Any person making a demand or petition shall file its petition demand to the director within 30 days of a The date of the contested permit ; b The date of the notice of denial of a permit application ; c The date of the notice of a revocation or suspension of an issued permit ; or d The date a penalty was assessed , as the case may be c Contents of demand The written demand or petition must identify separately and with particularity 1 The aggrieved person ; 2 The specific permit provisions or conditions or other issues contested or to be considered ; and 3 The reasons for the objection d Judicial review Any person against whom a final order or decision of the director is made , pursuant to the hearing conducted under this section , may seek judicial review of the order or decision by filing a written petition within 30 days after the date of notice of the order or decision , but not thereafter , with the superior court of the county by means of a writ in the nature of certiorari If not previously requested , such person shall request in writing that a transcript be prepared for every part of the hearing that was recorded Such request shall be made at or before the time that the petition is filed A copy of the petition shall be served on the county in the manner required by law Within 30 days after service of a copy of the petition upon the county or such other time as may be ordered by the court , the county shall prepare and transmit to the court the original or a certified copy of the official record of the hearing as set forth in this section The official record of the hearing shall consist of all notices , motions and other similar documents ; all documentary and tangible evidence tendered at the hearing ; and the final order or decision A transcript of each part of the hearing that was recorded shall be included in the official record as an exhibit , if available at the time the remaining portion of the official record is transmitted to the court If the transcript is not available at that time , it shall be transmitted to the court as soon as reasonably possible after the transcript has been prepared If testimony is taken and not recorded , a narrative summary of any testimony taken shall be prepared and transmitted to the court as an exhibit to the official record e Request for review of decision A person is entitled to a review of decision Any person whose application for a permit under this chapter is denied , any person whose application for a permit is issued subject to conditions with the applicant deemed unacceptable , any person whose permit is revoked or suspended and any permit against whom a penalty is assessed pursuant to section 24 - 5 may seek a review of the decision pursuant to this section 1 A request for a review of this decision of the director must be made within 30 days of the action of the director for which review is sought The request for review must set out such additional and further information as the applicant for review deems appropriate or necessary 2 The director shall complete his review within 45 days of receipt of written request for review The request for review and any response from the director in response to the request for review may become part of the record in any hearing of the directors decision 3 The time required in subsection d of this section for a hearing of a final order or decision of the director is told upon the filing of a request for review until such time as a written decision issued by the director on the demand for review Ord of 11 - 6 - 2000 , § 6 Sec 24 - 7 Changes to permitting program The county permitting program , as set forth in this chapter , has been established pursuant to authority contained in GS 130A - 317 and 143 - 2151 f and rules promulgated thereunder Amendments to GS 130A - 317 and 143 - 2151 f and rules promulgated thereunder that affect the county permitting program shall be incorporated into the county permitting program within 60 days of the effective date of such amendments , or as otherwise required by law Ord of 11 - 6 - 2000 , § 7 Sec 24 - 8 Requirements for connection to public distribution and s collection systems a Upon completion of construction or alteration of the distribution and or collection system the applicant shall submit certification , which shall bear the seal of a registered professional engineer licensed to practice in the state , that construction is completed in substantial accordance with approved plans Certification shall be based upon adequate observations made by the engineer or a supervised employee b Both the distribution and collection system of any private development will be 100 percent completed , tested , sterilized and approved for use before any connection to the county systems will be performed Ord of 11 - 6 - 2000 , § 8 PagePage pageNumber9499 November 3 , 2003 Continued Sec 24 - 9 Ownership of mains All mains extended and constructed under this chapter shall be of such size and material and shall be installed in such manner as contained in the countys standards All mains so constructed or extended shall be and remain the property of the county Ord of 11 - 6 - 2000 , § 9 Secs 24 - 10 - - 24 - 40 Reserved 15 Budget Amendments Approved Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following budget amendments Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61003339 HAPP Housing Expenses 10,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 DSS Administration 10,00000 Emergency Services - Emergency Management FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53003300 Departmental Supplies 19,50700 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 530034144 Emergency Management 19,50700 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53551700 Vehicles 4,55292 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460032509 Insurance Recovery 4,55292 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53251422 DOJ - Equipment Grant 102,61300 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 530034144 Emergency Management 102,61300 Criminal Justice Partnership FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51354500 Contracted Services 3,80000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513534155 State Grant 3,80000 Cooperative Extension Service FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 58006153 Tobacco Barn Screening 16,74200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 580034155 State Grant 16,74200 Register of Deeds FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 48004500 Contract Services 40,00000 10 48002110 Equipment Lease 70,00000 TOTAL NET EXPENDITURES 110,00000Page0500 November 3 , 2003 Continued FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 110,00000 16 Appointments A Johnston County Planning Board - 1 position to fill unexpired term Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board appointed David L Grady to the Johnston County Planning Board to fill an unexpired term to expire January 2005 B Johnston Memorial Hospital Board of Trustee Membership Increased on JMH Board of Trustees In accordance with the 1948 resolution establishing the Johnston Memorial Hospital Board of Trustees , Commissioner Allen L Mims , Jr moved the Board increase the membership of that board by one at - large member Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Appointments to the JMH Board of Trustees - 2 positions representing Clayton and Pine Level Princeton area advertised last month ; 1 new at - large position ; 1 position to fill unexpired term Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board made the following appointments to the Johnston Memorial Hospital Board of Trustees Bobby T Parker Clayton for a five year term to expire October 2008 L Craig Casey Pine Level Princeton area for a five year term to expire October 2008 Dan Mansell at - large for a five year term to expire October 2008 Ernest Y Wilkerson , Jr to fill an unexpired term to expire October 2004 C Firemen’s Relief Fund Board of Trustees advertised last month Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board made the following appointments to Firemen’s Relief Fund Boards of Trustees for two year terms to expire October 2005 Elevation Fire District - reappointed James E Johnson Beulah Fire District - reappointed Doug Whitley Smithfield Fire District - appointed Patrick Harris Strickland’s Crossroads Fire District - reappointed David E Parker D Heritage Commission - advertised last month Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board reappointed Sylvester Holder to the Heritage Commission for a two year term to expire October 2005 E Area Mental Health Board - advertised last month Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board appointed Mary Johnson Williford to the Area Mental Health Board for a four year term to expire October 2007 17 Agreement Approved for Placement of Communications Equipment on County Water Tanks County Manager , Rick Hester , reviewed with the Board a draft agreement for usage of commercial communications equipment on County water tanks He noted that Communications Director , Jason Barbour , has concern about the use of such equipment on the water tank at the landfill since that tank is located next to the primary tower for the County’s emergency radio system Therefore , staff is recommending the Board approve the agreement as presented with the stipulation that the landfill tank be excluded from any commercial usage Page1501 November 3 , 2003 Continued In response to a comment from Commissioner Cookie Pope , Mr Hester noted the County will not market the use of the tanks and in no way wishes to be in competition with property owners ; however , the tanks will be an option for location when needed Commissioner Wade M Stewart stated he would oppose the agreement because , in his opinion , County property should not be used for this purpose , and commercial venders should put their equipment on private property Following further discussion , Commissioner Allen L Mims , Jr moved the Board approve the following user agreement for commercial equipment on County water tanks as presented with the understanding the landfill water tank will be excluded for any commercial usage Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall Nays Wade M Stewart , Cookie Pope WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT With 90 day Due Diligence Period THIS WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT Agreement is entered into this ____ day of _____________ , 20__ by and between ____________________ “ Owner ” and ________________________ “ Tenant ” 1 Grant Subject to the following terms and conditions , Owner hereby grants to Tenant the non - exclusive right to install , maintain , operate and remove radio communications equipment and appurtenances on Owners tower the Water Tower located on the property described in Exhibit A the Premises , and leases to Tenant a portion of the Premises for construction and occupancy of an equipment shelter or building to house Tenants equipment on the Premises as more particularly described in Exhibit A Owner shall continue to have the right to occupy the Premises and operate the Water Tower and to grant others rights to occupy or utilize the Premises and the Water Tower at Owners sole discretion Owner also grants to Tenant a nonexclusive easement during the term of this Agreement for ingress , egress and regress and for the installation and transmission of utilities on property described on attached Exhibit B Easement Tenant may install equipment , personal property , improvements , alterations or fixtures as listed on and in locations as shown on Exhibit C the Site and Equipment Plan , or as Owner may otherwise approve in writing Any personal property owned by Tenant , whether or not fixed or attached to the Premises or Water Tower , shall remain the property of Tenant prior to termination of this Agreement without regard to whether it appears on Exhibit C 2 Use Tenant shall use the Equipment and the Premises for the purpose of constructing , installing , maintaining , improving and operating , at Tenants expense , a communications facility , including antennae , equipment shelter or building , platforms , cable runs and incidental uses of the Water Tower Tenant shall be solely responsible for securing any and all building permits and approvals , zoning changes or approvals , variances , use permits , and other governmental permits from applicable governmental authorities , including any Federal Aviation Administration approval collectively , Permits prior to any construction , erection , or installation on the Premises Owner agrees to reasonably cooperate with Tenant in obtaining the Permits , and copies of the Permits shall be provided to Owner upon request Tenant shall promptly pay all costs and expenses and shall not cause or permit any lien to be created against the Premises 3 Term The term of this Agreement shall be five 5 years , commencing from the date of full execution of this Agreement , the Commencement Date and terminating at midnight on __________________________ , 20 __ Initial Term Notice of the Commencement of Installation of Equipment on the Water Tower for purposes of determining the Commencement Date shall be made pursuant to the Notice provisions of paragraph J7 hereof in a form substantially the same as Notification of Commencement of Installation of Equipment attached hereto as Exhibit D 4 Renewal Term s If mutually agreeable , the parties may extend this Agreement for One 1 additional term of five 5 years each Renewal Term s on the same terms and conditions as set forth in this Agreement except that the Rent shall be increased as specified in Paragraph 5 below upon mutual agreement 5 Rent a Initial Term Beginning on the Commencement Date , Tenant shall pay to Owner as rental the sum of _________ per year Rent which shall include Tenants irrevocable right to use and occupy a designated portion of the ground space surrounding Owners Water Tower Rent payments shall be made annually in advance by the anniversary date of the execution of the agreement at the notice address as specified below b Renewal Terms In the event that Tenant elects to renew this Agreement as provided in paragraph 4 , Rent shall increase by an amount equal to thirty percent 30 over the Rent to be paid by Tenant during the immediately preceding Term or Renewal Term Tenant shall pay Owner Rent during each Renewal Term “ RT ” according to the following schedule First RT _________ per year 6 Water Tower Maintenance a Owner represents and warrants that its operation of the Water Tower , exclusive of TenantsEquipment , including the lighting system , meets and will be maintained in accordance with all applicable laws , rules and regulations , including , without limitation , rules and regulations of the Federal Communications Commission , Federal Aviation Administration and all applicable local codes and regulations The costs of maintaining the Water Tower , including painting of the exterior and finishing or painting the interior of the Water Tower , shall be borne by Owner , with the exception of Tenants antennae and Equipment Page2502 November 3 , 2003 Continued b Tenant shall maintain its antennae , transmission lines , equipment and equipment shelter in good operating condition In the event damage is caused to the Water Tower by Tenant or Tenants agents , employees , contractors or subcontractors , the cost of repairing such damage shall be borne by Tenant who shall pay for timely repair of any such damage Upon termination or expiration of this License , Tenant shall remove its Equipment from the Water Tower and repair damage , if any , to the Water Tower caused by the removal of Tenants Equipment , normal wear and tear excepted Upon 60 days notice , Tenant shall remove all its equipment from tank to facilitate major maintenance and or painting by County © In event of an emergency and the Owner’s personnel must ascend the tower , the Owner shall have the right to temporarily terminate power to the tenant’s equipment Prior notice shall be given consisting of a phone call to Tenant’s 24 hour telephone line 7 Due Diligence Period Tenants obligation to perform under this Agreement shall be subject to and conditioned upon a Tenants securing appropriate approvals for Tenants intended use of its Equipment on the Premises from the Federal Communications Commission , the Federal Aviation Administrator , and any other federal , state or local regulatory agency having jurisdiction over Tenant s proposed use of the Equipment ; b Tenants obtaining , at its option , a survey and structural analysis and tests which must show no defect which , in the opinion of the Tenant may adversely affect use of the Premises ; © Tenants approval of the condition of the Premises , which may be subject to , at Tenants option , an environmental audit of the Premises performed by an environmental consulting firm of Tenants choice ; and d Owner conducting its own structural analysis determines , at its sole discretion , that the Water Tower is structurally appropriate for Tenants needs Tenant shall act with due diligence within ninety 90 days of the date of execution hereof to obtain all governmental approvals necessary and to obtain any reports or analyses as set forth above which are necessary for Tenant to perform under this License In the event that Tenant determines during the due diligence period that the Water Tower and the Premises are , in Tenants opinion , unacceptable to Tenant , then this Agreement shall terminate and be of no further force or effect Tenant shall be responsible for owner’s cost of the structural analysis and other investigations deemed necessary by the owner Owner shall approve all cabling installation prior to installation No exposed cabling allowed County reserves right to locate county radio system s All tenants equipment will be located secondary to county’s system 8 Interference a Tenant agrees to install Equipment of types and generating frequencies which will not cause interference to transmissions or signals from other users of the Water Tower as may be already in place on the Water Tower Owner shall obtain , at Tenant’s expense , a detailed interference analysis showing potential conflicts between Tenants frequencies and those of the other users already in place on the Water Tower In the event the Equipment causes such interference , Tenant will take all steps necessary to correct and eliminate the interference If the interference cannot be eliminated within 48 hours after receipt of written notice from Owner to Tenant Notice Date , Tenant shall temporarily disconnect the electric power and shut down the Equipment except for intermittent operation for the purpose of testing , after performing maintenance , repair , modification , replacement , or other action taken for the purpose of correcting such interference and if such interference is not corrected within 30 days after receipt of the written notice , Tenant agrees to remove the Equipment from the Water Tower and the Premises and this Agreement shall terminate as if by expiration except that in those instances where the Owner determines , in its sole discretion , that the equipment is causing interference with the County’s Communications equipment , the Tenant shall immediately eliminate the interference ; failure to immediately eliminate the interference , in addition to being a breach of this agreement , Owner may take such measures necessary to immediately eliminate the interference After the Equipment has been installed , Owner shall place similar restrictions upon interference with Tenants frequencies on others using Owners Water Tower with Owner s permission , or under privity of contract with Owner Third Parties , installed on the Water Tower after Tenants installation of the Equipment In the event Third Parties interference cannot be eliminated or rectified to Tenants satisfaction within 48 hours after receipt of written notice from Tenant to Owner Notice Date , Owner shall cause such Third Parties to temporarily disconnect the electric power and shut down the Third Parties Equipment except for intermittent operation for the purpose of testing , after performing maintenance , repair , modification , replacement , or other action taken for the purpose of correcting such interference and if such interference is not corrected within 30 days after receipt of the written notice , Owner shall , at the request of Tenant require the party causing the interference to remove its equipment from the Water Tower and the Premises , or Tenant may , at Tenants sole discretion and option , terminate this Agreement upon notice to Owner 9 Utilities and Access a Tenant shall have the right to install utilities , to be separately metered at Tenants expense , and to improve present utilities on the Premises , including but not limited to the installation of emergency power generators Tenant shall have the right to permanently place utilities on , or to bring utilities across or under , the Premises and the Easement in order to service the Equipment throughout the Initial Term or any Renewal Term of this Agreement Owner shall , upon Tenants request , execute a separate written easement in a form which may be filed of record evidencing this right Tenant shall be responsible for all utility connection charges , and all utility use charges , for electricity or any other utility used by Tenant b Tenant shall have access to the Premises and the Equipment at all times , 24 hours each day , through the access drive presently existing on the Easement Owner shall maintain the access drive in good condition throughout the Initial Term of this Agreement or any Renewal Term Tenant may , at its option and own expense , construct a suitable private access drive to the Premises and the Equipment within the Easement To the degree additional access is required across other property owned by Owner , Owner shall execute an easement evidencing this right and agrees to maintain said access so that no interference is caused to Tenant by other tenants , Tenants , invitees or agents of the Owner Page3503 November 3 , 2003 Continued 10 Termination Except as otherwise provided , this Agreement may be terminated , without any penalty or further liability , immediately upon written notice or as otherwise provided below , as follows a By either party upon a default of any covenant or term of this Agreement by the other party which default is not cured within 30 days of receipt of written notice of default without , however , limiting any other rights available to the parties pursuant to any other provisions of this Agreement ; or b By Tenant if it is unable to obtain or maintain any license , permit or other Permits necessary to the construction and operation of the Equipment or Tenant’s business or intended use of the Premises ; or © By Tenant if the Premises or Equipment is damaged by casualty so as to hinder the effective use of the Equipment ; or in the event that interference , whether or not from Owner’s activities or any other source , to transmissions or signals from the Communications Facility , in Tenant’s judgment , may not be adequately corrected or eliminated by Tenant ; d By Tenant , if , in Tenant’s reasonable judgment , network design or technology changes render the Communications Facility obsolete or unnecessary ; or e Either party may terminate this Agreement upon 60 days notice 11 Structural Analysis a Tenant shall be solely responsible to ensure that Tenant’s installation of the Equipment shall not effect the structural integrity of the Water Towner , and that no such damage results to the Water Tower due to installation of the Equipment Owner agrees to furnish Tenant promptly upon Tenant’s request with true an accurate copies of all analyses performed on the Water Towner within the two years preceding the request and Tenant’s attachment of antennas or Equipment on the Water Tower In the absence of such an analysis or if the most recent analyses are insufficient for Tenant’s needs , Tenant may request a new analysis If Owner reasonably believes that the structural integrity of the Water Tower will be effected , Owner may request Tenant obtain a new analysis or undertake its own analysis to be paid for by Tenant Owner agrees to cooperate with Tenant in acquiring the new analysis of the Water Tower If a new analysis of the Water Tower is requested by Tenant or Owner , Tenant shall be responsible for coordination the new analysis by a licensed structural engineer or other party acceptable as required by Owner , and Tenant shall furnish a copy of the analysis to Owner The costs of the new analysis shall be paid solely by Tenant If Tenant requests , Owner shall submit , within 10 days of Tenant’s request , bids for any needed reinforcement or other work to make the Water Tower structurally sound Should Tenant not terminate this Agreement under Section 6 Water Tower Maintenance above , Owner shall reinforce or otherwise make the Water Tower structurally sound for Tenant’s use in accordance with such a submitted bid , at Owner’s sole cost b Owner shall notify Tenant in writing five 5 days prior to attaching , or permitting any other person or entity to attach , any additional antennas , microwave dishes , or other similar equipment Additional Antennas to the Water Tower Should Additional Antennas be attached to the Water Tower , and Tenant reasonably believes that such attachment endangers the structural integrity of the Water Tower , upon Tenant’s written request , Owner shall furnish a tower analysis performed on the Water Tower by a licensed structural engineer , or other party acceptable to Tenant indicating the attachment of the Additional Antennas to the Water Tower does not impair the structural integrity of the Water Towner and will not materially diminish the Water Tower’s function or useful life All such tower analyses shall be in compliance with current industry standards , and at Tenant’s expense © Tenant shall provide Owner with a certified engineering report that clearly identifies the distance from its antennas in which the maximum rf exposure limits will be exceeded by maintenance workers engaged in painting , repairing or servicing the tank or water tower d Tenant should provide a 24 hour number for contacting someone who can turn off the transmitters whenever maintenance is being done on the tower if it is necessary to approach the RF restricted zone around the antennas 12 Taxes Tenant shall pay any personal property taxes assessed on , or any portion of such taxes attributable to , Tenant’s Equipment Tenant shall not pay real property taxes or other fees and assessments attributable to the Water Tower or the Premises 13 Liability Insurance During the Initial term and all renewal Terms of this Agreement , Owner and Tenant shall each maintain , at its own expense , insurance covering claims for public liability , personal injury , death and property damage under a policy of general liability insurance , with limits of not less than 2,000,00000 per person and 3,000,00000 per occurrence , and property damage insurance of not less than 1,000,00000 Such insurance shall insure against liabilities aris