August 4, 2003 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 401 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS August 4 , 2003 The Johnston County Board of Commissioners met in regular session Monday , August 4 , 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 , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , and W Ray Woodall Absent Thomas M Moore Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted 1 Minutes 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 July 7 , 2003 morning and evening board meetings as presented 2 Proclamation - Johnston County Employee Appreciation Week Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adopted the following proclamation in appreciation of County employees JOHNSTON COUNTY EMPLOYEE APPRECIATION WEEK August 4 - August 8 , 2003 WHEREAS Johnston County Employees represent approximately 950 men and women , working in 31 different service departments and agencies , devoted to making Johnston County a better place to work and live ; and WHEREAS Johnston County employees provide a multitude of services for ALL the citizens of the County - the farmer , the retailer , the industrial businessman , the homeless , the jobless , the homeowner , the veteran , the disaster victim , the victim of violence , the sick , the poor , the educated , the uneducated , the youth , the elderly , the newcomer , and the old - timer ; and WHEREAS Johnston County employees are both skilled and efficient in their jobs , making every effort to expend county tax dollars in the most effective way for the betterment of the County and its citizens ; and WHEREAS Johnston County Government runs smoothly on a day to day basis primarily because of the dedicated employees in each of its departments and agencies NOW , THEREFORE , in appreciation for their dedication to the welfare of the citizens of our County , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the week of August 4 - 8 , 2003 as COUNTY EMPLOYEE APPRECIATION WEEK Adopted this the 4th day of August , 2003 3 Presentation of Years of Service Pins to County Employees The Board of Commissioners presented years of service pins to those employees that have worked for Johnston County Government for 5 , 10 , 15 , 20 , 25 and 30 years Public Comments 4 NC General Assembly Returns 911 Funding to Communications Centers Communications Director , Jason Barbour , thanked the Board for contacting the NC General Assembly concerning their plan to withhold 911 funds from the local communication centers in order to use the money to help balance the State’s budget Mr Barbour reported the overwhelming response from the local level caused the State to reverse their decision Page402 August 4 , 2003 Continued 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 V a lleycastle Court , Dunoon Court , and Glasglow Drive in Hunters Point Subdivision , Phases 1 & 2 in Clayton Township ; Jamison Drive in Saint James Subdivision - Phases 1 & 2 , Clayton Township Commissioner Cookie Pope moved the Board concur with the NC Department of Transportation’s request to add the above listed roads to the State Maintained System Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote Lee Road to be Added Back to the State System Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board concurred with the request from NCDOT to add back to the State Maintained System the 550 portion of Lee Road SR 1561 in Clayton Township , which was abandoned for safety reasons in November 2000 The road will be reopened now that corrections have been made on Barber Mill Road , which alleviate the problem 6 Department of Transportation - Relocation of Medlin Road Commissioner W Ray Woodall moved the Board concur with the request from the NCDOT to abandon the original 009 mile portion of Medlin Road SR1715 in Wilders Township that is no longer in use due to relocation for safety purposes , and add the new 007 mile portion that was built to the State Maintenance Program Commissioner Cookie Pope seconded the motion Commissioner Pope noted she talked with the adjoining property owner and was asked if the abandoned road would become part of his property Following discussion , Commissioner Wade M Stewart moved the Board table this motion until this information can be obtained Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 7 Request for Excise Taxes Paid in Error to Register of Deeds The Board considered the following requests for refund of excise tax paid in error in the Register of Deeds Office a Joseph A Calder of Calder & McWilliam , PLLC , 275 in excise tax paid in error The seller , Federal Home Loan Mortgage Corporation , is exempt from payment of excise tax b Beaver & Green Law Firm of Clayton 221 in excise tax on a deed that was recorded in Johnston County by error The deed should have been recorded in Wake County Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the refund of excise taxes , which were paid in error , to Joseph A Calder of Calder and McWilliam , PLLC in the amount of 275 , and to Beaver & Green Law Firm of Clayton in the amount of 221 8 Tax Exempt Loan Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adopted the following resolution for approval of a tax exempt loan for the 50 - 210 Fire Depatment NOW , THEREFORE , BE IT HEREBY RESOLVED that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax exempt loan to the Volunteer Fire Department of 50 - 210 Community , North Carolina the “ VFD ” , from Four Oaks Bank & Trust Company , in the principal amount of 300,000 which loan is for the following purpose The purchase by the VFD of a new fire truck , which will be kept at the following address 50 Greenleaf Road , Angier , NC 27501 Page403 August 4 , 2003 Continued 9 Public Hearing Close Out of Scattered Site Housing CDBG Advertised in the The Smithfield Herald on July 18 , 2003 The Chairman opened the public hearing and invited anyone who wished to address the Board on the close - out of the Scattered Site Housing CDBG Jessie Miars with Holland Consultants , program administrator for the CDBG , reviewed with the Board the budget and activities that have been accomplished by the program The total project cost of 400,000 was financed entirely with CDBG funds The project activities , which began in June 2001 , have been completed and have helped meet the housing needs of a number of low income families throughout the County There being no further comments , the Chairman closed the hearing Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the submitting of the closeout documents for the FY01 CDBG Scattered Site Program 10 Appointments a Johnston - Lee - Harnett Community Action - 1 position , 2 year term Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board reappointed Annie M Walker to the Johnston - Lee - Harnett Community Action for a two - year term to expire August 2005 b Industrial Facility Pollution Control Financing Authority - 2 positions , 6 year terms Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board reappointed Eloise M Moore and Michael de Sherbinin to the Industrial Facility Pollution Control Financing Authority for six - year terms to expire August 2009 c Library Board of Trustees - 1 position , 3 year term - Saundra Freeman has applied for reappointment - Appointment Postponed The Chairman noted an additional opening on the Library Board of Trustees will be considered next month and recommended the Board postpone action on this application until both positions can be considered Following discussion , Commissioner Jeffrey P Carver moved the Board postpone the appointment of this three - year position to the Library Board of Trustees until the September meeting , at which time an additional position will also be considered Commissioner Cookie Pope seconded the motion , which carried by unanimous vote d Emergency Services Advisory Committee - 6 positions , 3 year terms Patrick E Harris , Susan Crisp , and Rudolph Baker have applied for reappointment Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board reappointed Patrick Harris , Susan Crisp and Rudolph Baker to the Emergency Services Advisory Committee for three year terms to expire August 2006 Commissioner Allen L Mims , Jr remarked that in many cases , the public needs more of the function of the different boards and committees 11 Budget Amendment Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved the following budget amendment for the Health Department to budget funds to provide the capability for the Health Department’s lab to rapidly communicate with the NC State Laboratory Public Health through the Health Alert Network concerning bioterrorism and other public health emergencies Page404 August 4 , 2003 Continued FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 5915 - 7050 Epidermiology - Non - Major C apital Assets 3,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 5915 - 34155 Division of Public Health Epidemiology State Lab 3,00000 12 Acceptance of State Security Grant Dewayne West , EMS Director , informed the Board the County has been awarded a 125,169 grant by the State Homeland Security Grant Program to be used for equipment and training to improve security throughout the County He noted this is only one of what he anticipates will be a number of federal and state grants that will be available in the coming months to focus on developing tighter security measures and emergency preparedness at the local level The County has already received 35,000 which was used to have an assessment done of the departments and agencies to determine what would be needed in order to proceed with the business of the County in the case of a major catastrophe Mr West noted the additional grants and projects will greatly impact the workload in his office He provided some information about how he plans to take on this added responsibility His goal is to follow the State’s example of dividing the funding projects into ten disciplines representing law enforcement , EMS , emergency management , fire , hazardous materials , public works , government administration , public safety communications , health care and public health A formal oversight committee will be needed to channel these projects to the disciplines and particular committees where they can be effectively administered The federal government will determine how each of the grants is to be spent , but some decisions will have to be made at the local level Once his office has a well defined plan , he stated he would provide the information to the Board He noted in some of the cases , the County will have a very short time - frame for responding to the grant opportunities He asked the Board to consider giving authorization to the Chairman to sign documents between meetings so Johnston County can take advantage of these opportunities In response to comments from Board members , Mr West stated he is reasonably comfortable that the different agencies and emergency personnel in Johnston County would be able to respond effectively to any emergency situation He noted the key word that is being used is “ interoperability , ” which stresses the need to make sure that agencies work together to avoid overlapping each others efforts and to assure compatibility of equipment Following further discussion , Commissioner Wade M Stewart moved the Board accept the 125,169 Homeland Security Grant and authorize the Chairman , between Board meetings , to sign any necessary documents to enable the County to take advantage of the State and Federal funds available for local governments Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 13 Public Hearing - Correction to Little River Water District Boundaries Advertised The Smithfield Herald on July 18 , 25 , 2003 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board recessed regular session to sit as the Little River Water District Board The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed corrections to the boundaries of the Little River Water District There being no comments , the Chairman closed the public hearing Resolution Approving Corrections to the Little River Water District Approved Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adopted the following resolution approving the new boundaries of the Little River Water District RESOLUTION PROVIDING FOR CORRECTION OF THE BOUNDARIES OF THE LITTLE RIVER WATER DISTRICT OF JOHNSTON COUNTYPagePage pageNumber5405 August 4 , 2003 Continued WHEREAS , the Johnston County Board of Commissioners the Board at its regular meeting on May 5 , 2003 passed a resolution creating the Little River Water District the District in accordance with N C General Statutes § 162A - 86 , et seq ; and WHEREAS , the Board has determined , after receiving petitions from residents of property lying near the District , that these parcels of land contiguous to the District may be annexed into the District ; and WHEREAS , pursuant to NC General Statutes § 162A - 871 , the Board has determined to extend the boundaries of the District to include the petitioned parcels ; WHEREAS the Board resolved to hold a public hearing with respect to such extensions on August 4 , 2003 , and directed that the appropriate representatives of the County take the necessary actions to properly notice such public hearing as provided by law ; and WHEREAS , pursuant to N C General Statutes Section 162A - 871 e a notice of public hearing was prepared stating the date , hour and place of the hearing and its subject and stating that the report containing a map of the District and the areas to be annexed were available for public inspection in the office of the Clerk to the Board , and that such annexation fit the requirements of § 162A - 871 ; and WHEREAS , pursuant to N C General Statutes § 162A - 871 e , the notice of public hearing was published once in newspapers that circulate in the proposed District , and pursuant to 162A - 871 b the County has received petitions for annexation signed by 100 of the real property owners in the areas to be annexed ; and WHEREAS , a public hearing was held at 11 00 am on August 4 , 2003 , in the Commissioner’s Room , Courthouse Annex , Smithfield , North Carolina at which time taxpayers and all other interested persons appeared and were heard concerning the question of expanding the boundaries of the Little River Water District of Johnston County ; and WHEREAS , at such meeting the Board determined that it was appropriate to extend the boundaries of the District to include the parcels of land Exhibits A & B ; and WHEREAS , the Board , following the public hearing finds that 1 The areas to be annexed are contiguous to the District , with at least one - eighth of the area’s aggregate external boundary coincident with the existing boundary of the District ; 2 The residents of all the territories to be annexed into the District will benefit from the District’s annexation ; and 3 It is economically feasible to provide the proposed service or services in the annexed district without unreasonable or burdensome annual tax levies ; WHEREAS , the Board now desires to annex the territories described herein into the Little River Water District of Johnston County ; NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners meeting in regular session at Smithfield , North Carolina , on August 4 , 2003 , do the following 1 It is hereby found that a The areas to be annexed is contiguous to the District , with at least one - eighth of the area’s aggregate external boundary coincident with the existing boundary of the District ; b The residents of all the territories to be annexed into the District will benefit from the District’s annexation ; and c It is economically feasible to provide the proposed service or services in the annexed district without unreasonable or burdensome annual tax levies ; 2 The Little River Water District of Johnston County is thereby revised as follows LITTLE RIVER WATER DISTRICT REVISED BOUNDARY DESCRIPTION Beginning at the point , said point being the common point between Johnston County , Wilson County , and a point 500 feet north of the northern right - of - way of NC 42 thence in a westward direction along a long 500 feet parallel to the northern right - of - way of NC 42 approximately 29,300 feet to the intersection with the Buffalo Water District Boundary , thence in a southward direction approximately 70,200 feet along the Buffalo Water District Boundary to the intersection with the Town of Selma ETJ , thence in a southward direction along the Town of Selma’s ETJ approximately 13,910 feet to a point 200 feet north of the northern right - of - way SR 1001 Lizzie Mill Road , thence in an eastward direction 200 feet parallel to the northern right - of - way of SR 1001 approximately 1,870 feet a point 500 feet north of the northern right - of way of I - 95 thence in a southward direction approximately 520 feet to the intersection of the northern right - of - way of 1 - 95 with the Town of Pine Level’s ETJ , thence in a southward direction along the Town of Pine Level ETJ approximately 4,690 feet to a point 200 feet south of the southern right - of - way of SR 2326 Campground Road , thence in an eastward direction 200 feet parallel to the southern right - of - way of SR 2326 approximately 3,150 feet to a point 200 feet south of the southern right - of - way of SR 2327 Wiggs Road , thence in a southward direction 200 feet parallel to the southern right of way of SR 2327 approximately 2,200 feet to a point 200 feet west of the western right - of - way of SR 2309 Pine Level Micro Road , thence in a northern direction 200 feet parallel to the western right - of - way of SR 2309 approximately 330 feet to a point 200 feet south of the southern right - of way of SR 2367 Hinnant Road , thence in an eastward direction 200 feet parallel to the southern right - of - way of SR 2367 approximately 5,050 feet to a point 200 feet west of the western right - of way of SR 2368 Oliver Pond Road , thence in a southern direction 200 feet parallel to the western right - of - way of SR 2368 approximately 2,120 feet to a point 50 feet north of the northern right - of - wayPagePage pageNumber6406 August 4 , 2003 Continued of SR 2320 Rains Road , thence in a westward direction 50 feet parallel to the northern right - of - way of SR 2320 approximately 3,740 feet a point 50 feet west of the intersection with between the northern right - of way of SR 2320 and the western right - of - way of SR 2324 Pinecrest Road , thence in a southward direction approximately 4,470 feet in a line 50 feet parallel to the western right - of way of SR 2324 to a point 50 feet south of the intersection of the southern right - of way of SR 2324 and the western right - of - way of SR 2323 Evans Road , then in an eastward direction approximately 6,040 feet along a line 50 feet parallel of the southern right - of way of SR 2323 to the intersection with the Pine Level ETJ , thence along Pine Level’s ETJ in a southward direction approximately 2,250 feet to the intersection with the boundaries of the Brogden Water District , thence along the boundary of the Brogden Water District in an eastward direction approximately 4,410 feet to the intersection with the boundary of the Princeton - Kenly Water District , thence along the boundary of the Princeton - Kenly Water District in a northward direction approximately 49,600 feet to a point 500 feet west of the western right - of - way of SR 2339 Bagley Road , thence along a line 500 feet parallel to the western right - of - way of SR 2339 in a northward direction and continuing in a northward direction along a line 500 feet parallel to the western right - of - way of SR 2144 Weaver Road approximately 7,530 feet to the intersection with the centerline of the Little River , thence along the centerline of the Little River in an eastward direction approximately 5,260 feet to a point 500 feet north of the northern right - of - way of US 301 , thence along a line 500 feet parallel to the northern right - of - way of US 301 in an eastward direction approximately 6,930 feet to a point 500 feet west of the western right - of - way of SR 2159 Bay Valley Road , thence along a line 500 feet parallel to the western right - of - way of SR 2159 in a northward direction approximately 12,350 feet to the northern property line of parcel number 03P05010D , thence along a line perpendicular to SR 2159 in an eastward direction approximately 1000 feet to a point 500 feet east of the eastern right - of - way of SR 2159 , thence along a line 500 feet parallel to the eastern right - of - way of SR 2159 in a southward direction approximately 6,270 feet to a point 500 feet south of the southern right - of - way of SR 2162 Bunn Road , thence along a line 500 feet parallel to the southern right - of - way of SR 2162 in an eastward direction approximately 2,350 feet to a point 500 feet west of the western right - of - way of NC 222 , thence in a southward direction along a line 500 feet parallel to the western right - of - way of NC 222 approximately 2,070 feet to the intersection with a a point 500 feet south of the southern right of way of SR 1935 Revell Road , thence along a line 500 feet parallel to the southern right - ofBway of SR 1935 in an eastward direction approximately 1,340 feet to the intersection with the Johnston County line , thence along the Johnston County Line in a northward direction approximately 24,550 feet to said point of beginning With the exclusion of the area around the Town of Micro and the I - 95 corridor as described as follows Area around Town of Micro Exclusion Beginning at a point , said point being the intersection of the southern right - of - way of Interstate 95 and the eastern ETJ boundary of the Town of Micro , thence along Town of Micro’s ETJ in a northward direction approximately 5,000 feet to a point 500 feet south of the southern right - of - way of SR 2142 Watson Road , thence westward in a line 500 feet parallel to the south of the southern right - of - way of SR 2142 approximately 2,480 feet to a point 500 feet east of the eastern right - of - way of SR 2141 Oak Grove Inn Road , thence in a southward direction along a line 500 feet parallel to the eastern right - of way of SR 2141 approximately 1,450 feet to the intersection with the centerline of Berna Branch Creek , a tributary of the Little River , thence along Berna Branch Creek in an westward direction approximately 9,350 feet to a point 500 feet east of the eastern right - of - way of SR 2137 Davis Homestead Road , thence in a southward direction 500 feet parallel to the eastern right - of - way of SR 2137 approximately 10 980 feet to the Town of Micro’s ETJ , thence along the Town of Micro’s ETJ in a southward direction approximately1,760 feet to a point southern right - of - way of Interstate 95 , thence 500 feet parallel to the southern right - of - way of Interstate 95 in an eastward direction approximately 11,710 feet the said point of beginning I - 95 Corridor Exclusion Beginning at a point , said point being the intersection of the northern right - of way of I - 95 and the Town of Selma ETJ , thence in a northward direction approximately 500 feet to a point 500 feet north of the northern right - of - way of I - 95 , thence in an eastward direction 500 feet parallel to the northern right - of - way of I - 95 approximately 25,200 feet to a point 500 feet east of the eastern right - of - way of SR 2339 Bagley Road , thence in a southward direction 500 feet parallel to the eastern right - of - way of SR 2339 approximately 700 feet to the intersection with the southern right of way of I - 95 , thence in a westward direction along the southern right - of way of I - 95 approximately 24,890 feet to the intersection with the Town of Selma ETJ , thence northward along the Town of Selma ETJ to said point of beginning 3 The County and its officers , agents and attorneys are hereby directed to take any further actions as may be required by the laws of the State of North Carolina to perform the matters and things directed by this resolution 4 This resolution will become effective as of August 4 , 2003 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Little River Water District Board adjourned , and regular session was resumed 14 Award of Bids - 2003 WW Facilities Improvement Project Tim Broome reviewed with the Board the following bids on five separate project elements of the 2003 Wastewater Facilities Improvements Project , which were received on June 19 , and July 8 , 2003 PagePage pageNumber7407 August 4 , 2003 Continued Contract No 1 2003 Wastewater Facilities Improvements WWTP Expansion , Biosolids Facilities , & Selma Equalization Basin Net Alternate Bidder Total Base Bid Bid Deduct Total Alternate Bid Atlantic Skanska , Inc , Morrisville , NC 8,964,57500 338,00000 8,626,57500 Crowder Construction Co , Apex , NC 10,658,10000 505,00000 10,153,10000 TA Loving Company , Goldsboro , NC 10,772,65000 86,32000 10,686,33000 Dellinger , Inc , Monroe , NC 11,528,40500 312,97000 11,215,43500 Contract No 2 Neuse River Parallel Force Main Bidder Total Base Bid Park Construction Corp , Morrisville , NC 813,81309 Billings & Garrett , Inc , Raleigh , NC 859,56400 JF Wilkerson Constr Co , Inc , Morrisville , NC 996,53850 HG Reynolds Co , Inc Henderson , NC 1,031,50200 TA Loving Company , Goldsboro , NC 1,164,73000 Contract No 3 Cleveland Area Diversion Force Main Bidder Total Base Bid Ralph Hodge Construction Company , Wilson , NC 852,62200 Sanford Contractors , Inc , Sanford , NC 932,29165 HB West , Inc , Smithfield , NC 990,55300 JF Wilkerson Construction Co , Inc , Morrisville , NC 999,20800 HG Reynolds Company , Inc , Henderson , NC 1,027,17500 TA Loving Company , Goldsboro , NC 1,048,65500 Brewer’s Excavating , King , NC 1,071,81500 Byrd Brothers , Wilson , NC 1,326,49400 Billings & Garrett , Inc , Raleigh , NC 1,348,11700 Contract No 4 Upper Buffalo Creek and Rosewood Interceptor Rehabilitation Bidder Total Base Bid Total Alternate Bid Am - Liner East , Inc , Sterling , VA 1,889,66285 1,887,10285 American Water Services , Hilliard , OH 1,936,32263 1,943,27563 Insituform Technologies , Inc , Jacksonville , FL 2,478,82010 2,579,87880 Contract No 5 Upper Buffalo Creek and Rosewood Interceptor Rehabilitation Bidder Total Base Bid Midsouth Trenchless Technologies Columbia , SC 569,15000 Insituform Technologies , Inc , Jacksonville , FL 573,00000 Portland Utilities , Portland , TN 577,91498PagePage pageNumber8408 August 4 , 2003 Continued Mr Broome reminded the Board that , as reported last month , the low bidder on Contract l , Atlantic Skanska of Winston Salem withdrew their bid within hours of the opening The County has reviewed the matter and has determined that there is insufficient evidence to prove that the low bid was a clerical error ; therefore , the County has requested that Skanska forfeit their 5 bid bond Skanska has filed a lawsuit in challenge of this decision The second low bidder was Crowder Construction of Apex with a base bid of 10,658,100 and an alternate bid of 10,153,100 , both of which were higher than the budget estimate After negotiations and some changes in the scope of the project , Crowder Construction has reduced the alternate bid to 9,300,100 Staff recommended the following action lt; Award of contract to Crowder Construction for Contract 1 at the negotiated price lt; Award contracts to the low bidders of contracts 2 through 4 lt; reject all bids for Contract 5 lt; Approve a memorandum of negotiation with Contract 2 in the amount of 290,000 to cover the work bid as Contract 5 lt; Approve a total capital project budget of 16,025,000 lt; Award all contracts subject to the approval of the funding and permitting agency , NC DENR - Division of Water Quality - Construction Grants and Loans Section Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board , subject to approval by the State DENR , Division or Water Quality , awarded the following contracts on the 2003 Wastewater Facilities Improvements Project , rejected all bids for contract 5 and approved a memorandum of negotiation for Contract 2 as shown below , and approved a total capital project budget of 16,025,000 Contract 1 to second low bidder , Crowder Construction of Apex for the negotiated alternate bid price of 9,300,000 Contract 2 to low bidder , Park Construction Corporation of Morrisville for the negotiated bid of 758,09450 , plus a Memorandum of Negotiation to perform the work originally bid as Contract 5 at a price of 290,000 Contract 3 to low bidder Ralph Hodge Construction Co of Wilson at a bid price of 852,622 Contract 4 to low bidder AM Liner East of Sterline , Virginia at a bid price of 1,887,10285 15 Cell Phone Equipment of County Water Tanks - Discussion The Board again discussed the matter of whether or not to allow cell phone equipment on County Water Tanks Chairman Langdon recognized Jim Jenkins from the Planning Board , Engineer Tim Broome and Planning Director Steven Finn and invited them to participate in the discussion County Manager , Rick Hester , stated it has been an internal policy to keep County water tanks free and clear of all unrelated equipment He noted that current rezoning requests for cell towers have initiated talk about whether the policy should be changed or not Commissioner W Ray Woodall stated the County could be realizing some revenue by allowing co - location on water tanks , and stated in his opinion , we should be taking advantage of this Commissioner Allen L Mims , Jr pointed out that in contrast to the internal policy , the County Ordinance states that County property such as school bus garages , open space , water tanks , etc should be considered for location of telecommunication equipment He noted that most of the water tanks are owned by the water districts , and the people in the districts are the ones that want the cell equipment on the tanks rather than having another tower in the area He stated , in his opinion , the policy should be changed to allow cellular transmission equipment on water tanks , and that the cellular company be required to perform certain measures to ensure that the equipment will in no way damage or interfere with the County’s operation of the tank He noted he would not recommended other private antenna such as that needed for ham radios be allowed Commissioner Wade M Stewart asked how the staff feels about the potential negative aspects of this such as how this would affect tank maintenance , corrosion , security damage , etc He also asked how the tax base would be affected PagePage pageNumber9409 August 4 , 2003 Continued Mr Broome responded that this would create some problems for staff , but it could be made to work if the Board so desires He noted the lease money would probably cover the expenses Pat Goddard , Tax Administrator , noted the tower sites are taxed as commercial property , and if the equipment is on a county - owned facility , there would be no site money for the real estate at all Chairman Langdon stated he has a tower on his farm , and questioned whether the County needs to compete with the private landowner for this revenue opportunity He noted that when you consider the additional expense involved , it is questionable whether the gain is enough to make it worthwhile Commissioner Stewart agreed and stated this is an opportunity for the public to make a little money to offset what they pay in taxes Jim Jenkins noted the County requires that our consultants at Trigon review all cell tower requests He suggested they might assess the concerns expressed by staff Following further discussion , the Board agreed to consider this further at a later meeting 16 Residential Wastewater Policy The Board reviewed the proposed revised residential wastewater policy provided by staff As requested by the Board , the new policy incorporates portions of the two policies that were considered at last month’s meeting Following discussion , Commissioner W Ray Woodall moved the Board adopt the following revised residential wastewater policy Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Residential Wastewater Service Policy Process Requests will be processed and reviewed on a “ first - come , first - serve ” basis The Director of Infrastructure and Engineering shall review all requests and forward a recommendation to the Planning Department prior to any action by the Planning Board or Board of Commissioners Applicants must pay wastewater assessment fees on , or before recording of final plat for any development phase Wastewater allocations are deemed to be reserved upon payment of assessment fees Evaluation Wastewater service by County collection and treatment facilities for residential development shall generally be limited to Municipal Transition Zones MTZ’s and Interstate Highway Interchange Districts IHOD’s Exceptions include the following and are listed in order of priority 1 Existing residences with failed or failing septic systems ; 2 Developments zoned R - 10 or PUD prior to the date of adoption of this policy ; 3 New Residential or PUD developments with 100 residential units or more Studies Engineering Study The Director of Infrastructure and Engineering may require the developer to complete an engineering study to determine the feasibility of on - site wastewater treatment and disposal systems that could be operated and maintained by the County Other studies may be required by the Planning Board Other Points of Consideration Additional consideration will be given to donation of land or capital for construction for public improvements relative to schools , emergency services , transportation system , parks or other public benefit Cash donations may also be considered for the same purposes as just described Wastewater service shall be subject to the availability of wastewater transmission and treatment capacity No allocation for wastewater capacity will be approved for residential development when available wastewater treatment plant capacity is less than that required to serve the projected average annual growth of the current service area for three years Wastewater allocations shall not be transferable from one project to another or from one site to another 17 Tax Releases and Refunds - 6 16 03 to 7 15 03 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following tax releases and refunds Release refund Report for Period 06 16 2003 thru 7 15 2003 Year Bill # Acct # Name Tran Type Paid Interest 2002 0301 - 021703 0210 - 016407 Lane , Laverne B lackley Rebill 20003 808Page0410 August 4 , 2003 Continued 2002 0304 - 042782 0301 - 048079 Collins , Michael Randolph Release 12366 2002 0305 - 063387 0302 - 061418 Johnson , Gary D avid Release 10630 2002 0305 - 065186 0302 - 061849 Sykes , Sandra Ann Release 11831 2002 0305 - 063663 0302 - 062906 Pribe , Joseph Edwin Release 15906 2002 0304 - 047099 0301 - 049240 Rollins , Phillistine Lundy Rebill 15326 307 2002 0305 - 061855 0302 - 064134 Hobbs , Jr , Jimmie Judson Tag Surrender 15790 2002 0306 - 066603 0302 - 061504 Beasley , Kevin Wayne Release 11368 2001 0110 - 861468 0107 - 109138 Kenneth R Jackson Inc Release 1,19210 2002 0305 - 059725 0302 - 064411 Sampson , Barbara Ann Release 10157 2002 0306 - 076472 0303 - 074151 Teachey , Marie Kemple Release 21567 2002 0306 - 067851 0303 - 074230 Roberts , Darren Randall Release 21434 2002 0209 - 976183 0206 - 234091 Oneal , Jesse Nanci Release 19679 2002 0306 - 067071 0303 - 077951 Ba rnett , Maureen Denise Release 16819 2002 0303 - 032095 0212 - 036686 Moreno , Tessie Lou Release 13204 2002 0303 - 034405 0212 - 038718 Herring , Sharon T ucker Rebill 12137 334 2002 0306 - 075068 0303 - 078319 Taylor , Jr , Joseph Earl Release 11784 2002 0304 - 044421 0301 - 048263 Sullivan , Melissa Thompson Rebill 17196 344 2002 0304 - 049061 0301 - 051757 Webb , Donald Clark Rebill 35035 268 2002 0304 - 049653 0301 - 051380 Sanders , Barbara H inton Rebill 12334 226 2002 0306 - 072614 0303 - 073156 Volvo Finance North America Inc Release 23378 2001 0206 - 949630 0203 - 196321 Kahan , Shayne Peter Release 20735 2002 0306 - 076756 0303 - 073530 Kahan , Shayne Peter Release 25240 2002 0306 - 069724 0303 - 073548 Lowe , Sean Ellington Release 32445 2002 0306 - 076629 0303 - 071806 Wright , Scott Joseph Release 11115 2002 0306 - 068579 0303 - 077499 Capps , Christopher Wade Release 31394 2002 0306 - 076510 0303 - 073097 Tu rnage , David Baker Tag Surrender 11589 2002 0306 - 075944 0303 - 074011 Lewis , James Lloyd Release 30030 2002 0306 - 067437 0303 - 074964 Jefferson , James Release 15834 2002 0306 - 069999 0303 - 075961 Murphy , Jr , Joe Thomas Release 24751 2002 0306 - 075557 0303 - 076711 Ennis , Craig Michael Release 10123 2002 0306 - 077921 0303 - 073156 Volvo Finance North America Inc Rebill 18704 000 2002 0306 - 076449 0303 - 068919 Strickland , Irene Johnson Release 14401 2002 0208 - 962067 0205 - 223537 Royall , Steven Fernell Release 26674 2002 0306 - 069428 0303 - 072807 Jack son , Derrick Martin Release 28489 2002 0306 - 069906 0303 - 077349 Miller , Jr , Gilbert Carl Release 12199 2000 0105 - 825603 0103 - 058403 Strickland , Irene Johnson Release 21550 2002 0207 - 960257 0204 - 203952 Strickland , Irene Johnson Release 17591 2002 0306 - 070409 0303 - 076609 Rose , Sarah Rittenbury Rebill 12972 000 2001 0205 - 938403 0202 - 187248 Creech , Brian E ly Release 12964 2002 0306 - 077899 0303 - 075342 Vandroff , Jackie Jerome Release 18263 2003 0307 - 077953 0304 - 085921 Asplundh Tree Expert Company Rebill 11923 000 2002 0306 - 076430 0303 - 068172 Stevens , Clark Dewey Rebill 15155 000 2002 0305 - 059282 0302 - 065253 Miles , Marcelletta O nita Release 21593 2003 0307 - 077965 0211 - 091311 Pearce , Gary Ashley Release 11812 2002 0306 - 067517 0303 - 078094 Kirby , Ru th Ellen Release 15449 2002 0304 - 043943 0301 - 053911 Lee , Jr , Randall Carrington Rebill 22032 606 2002 0306 - 068392 0303 - 071867 Bermudez , Fortino Rebill 13818 000 2002 0210 - 992866 0207 - 243973 Vargas , Erasmo Release 10426 2003 0307 - 077972 0301 - 091314 Parker , Tony Release 14141 2002 0304 - 045998 0301 - 049097 Hom eowners Helper Rebill 9810 270 2002 0306 - 075351 0303 - 073128 Bryant , Michael Allen Release 10879 2002 0306 - 069367 0303 - 077042 Hood , Jocelin Tevett Rebill 12365 000 2002 0306 - 073458 0303 - 074434 John H Frischkorn Jr Inc Release 15071 2002 0303 - 039894 0212 - 036192 Collins , Jr , William James Release 13506 2002 0306 - 070095 0303 - 075939 Outcalt , Amanda Naomi Release 13056 2002 0304 - 050414 0301 - 055025 Worley , James Freddy Tag Surrender 17860 2002 0211 - 996032 0208 - 254080 Driver , Justin Brooks Rebill 23941 1147 1998 9901 - 531084 9810 - 719700 Freeman , Bridgett Yvonne Release 12206 1998 9810 - 505061 9807 - 696768 Freeman , Bridgett Yvonne Release 14016 2002 0305 - 057655 0302 - 060701 Toyota M otor Credit Corp Rebill 38511 770 2002 0304 - 045868 0301 - 050407 Harden , Jr , Danny Lee Release 18592 Real personal Property Releases 6 16 03 8 37 26 124 James 2002 - 056321 2000058325 Pie Expectations Inc T a 80146 6 17 03 11 37 24 105 Sheila 2003 - 200554 2000040685 Barbour , Don G 22409 6 17 03 11 38 27 105 Sheila 2003 - 200555 2000040685 Barbour , Don G 22409 6 17 03 11 39 22 105 Sheila 2003 - 200556 2000040685 Barbour , Don G 22409 6 17 03 11 41 08 105 Sheila 2003 - 200561 2000040685 Barbour , Don G 21626 6 17 03 11 42 12 105 Sheila 2003 - 200562 2000040685 Barbour , Don G 21626 6 17 03 11 43 24 105 Sheila 2003 - 200560 2000040685 Barbour , Don G 21626 6 17 03 15 36 41 124 James 2002 - 073080 2000063948 W B & D Constr Co + 51971 6 18 03 10 47 01 124 James 2001 - 011036 2000081805 Burns , Tameika Ladawn 162 6 18 03 10 47 35 124 James 2002 - 011412 2000081805 Burns , Tameika Ladawn 17646 6 18 03 10 48 08 124 James 2002 - 009928 2000085580 Bristow , Patsy Ann 19 21 6 18 03 11 05 05 124 James 2002 - 048506 2000084758 Mier , Catalina Vera 28483 6 18 03 13 07 28 124 James 2002 - 045106 2000065367 Marshall , Thomas 28773 6 18 03 16 09 14 121 Cathy 2002 - 016713 2000025566 Creech , Danny Cecil 10813 6 19 03 9 07 55 124 James 2002 - 072349 2000088687 Ultimate T an Inc + 70157 6 19 03 16 07 14 124 James 2002 - 026667 2000076340 Gooch , Donal 31938 6 23 03 16 01 21 121 Cathy 2002 - 009581 2000021187 Braswell , R D C onstruction 37 72 6 23 03 16 02 32 121 Cathy 2001 - 009281 2000021187 Braswell , R D C onstruction 37 72Page1411 August 4 , 2003 Continued 6 24 03 8 55 41 124 James 2003 - 200587 2000098551 York , David M ichael 10175 6 25 03 10 02 52 105 Sheila 2002 - 282814 2000053398 Stone , Lucy H 82004 6 25 03 10 03 22 105 Sheila 2002 - 282815 2000053398 Stone , Lucy H 82004 6 25 03 10 03 46 105 Sheila 2002 - 282816 2000053398 Stone , Lucy H 82004 6 25 03 10 04 19 105 Sheila 2002 - 282817 2000053398 Stone , Lucy H 82004 6 25 03 10 05 51 105 Sheila 2002 - 282818 2000053398 Stone , Lucy H 19785 6 25 03 10 06 14 105 Sheila 2002 - 282819 2000053398 Stone , Lucy H 19785 6 25 03 10 06 44 105 Sheila 2002 - 282820 2000053398 Stone , Lucy H 17905 6 25 03 10 07 08 105 Sheila 2002 - 282821 2000053398 Stone , Lucy H 17905 6 27 03 12 28 12 105 Sheila 2002 - 024737 2000092020 Fraire , Manuel 55338 6 27 03 12 29 22 105 Sheila 2002 - 283043 2000092020 Fraire , Manuel 54595 6 27 03 12 30 26 105 Sheila 2002 - 283044 2000092020 Fraire , Manuel 54595 6 27 03 12 31 19 105 Sheila 2002 - 283045 2000092020 Fraire , Manuel 54595 6 27 03 14 10 13 124 James 2002 - 052108 2000078982 North Carolina Department 57 01 6 27 03 14 10 51 124 James 2002 - 052109 2000082818 North Carolina Department 58098 6 27 03 14 11 51 124 James 2002 - 052111 2000081692 North Carolina Dept of 174 6 27 03 14 12 14 124 James 2002 - 052110 2000006448 North Carolina Dept 53083 6 27 03 14 30 51 124 James 2001 - 054132 2000083337 Harris , Paul Stores Inc + 42089 6 27 03 14 31 23 124 James 2002 - 029124 2000083337 Harris , Paul Stores Inc + 40328 6 27 03 14 37 01 124 James 2000 - 203463 2000076052 Favila , Tomas 28863 6 27 03 14 37 24 124 James 2001 - 023036 2000076052 Favila , Tomas 15291 6 27 03 14 37 47 124 James 2002 - 023562 2000076052 Favila , Tomas 17454 6 27 03 14 39 11 124 James 2001 - 028075 2000062997 Hardee , Catherine Collingw 14591 6 27 03 14 39 54 124 James 2000 - 035683 2000073344 Jones , W illard L T a 10691 6 27 03 14 40 28 124 James 2001 - 037654 2000073344 Jones , W illard L T a 13902 6 27 03 14 40 52 124 James 2002 - 038402 2000073344 Jones , W illard L T a 13243 6 27 03 14 41 52 124 James 2002 - 033931 2000083263 Hydrocon Utilities Inc + 74692 6 27 03 14 43 01 124 James 2002 - 032469 2000070176 Holtz , Bryan 23622 6 27 03 14 43 30 124 James 2002 - 052649 2000044263 Oliver Ventures Inc + 18062 6 27 03 15 44 53 124 James 2000 - 203479 2000076045 Ha milton , William Ronald 16 56 6 27 03 15 45 20 124 James 2001 - 027950 2000076045 Ha milton , William Ronald 15201 6 30 03 17 03 05 124 James 2002 - 060722 2000072049 Roberts , Danita G 31146 6 30 03 17 03 36 124 James 2002 - 038608 2000032781 Joyner , Gary R oy T a 29123 7 7 03 11 26 23 124 James 2002 - 020059 2000064602 Dixon , Marvel B T a 23085 Real personal Property Refunds 6 16 03 10 25 37 189 Teri 2002 - 064159 2000049228 Skinner , Troy M 78705 # Oomo 6 18 03 9 40 20 189 Teri 2002 - 019322 2000035802 Decker , Barbara a 12775 # Bank 6 18 03 16 16 07 121 Cathy 2002 - 016713 2000025566 Creech , Danny Cecil 11 03 # 9470 6 23 03 16 04 40 121 Cathy 2002 - 009581 2000021187 Braswell , R D C onstruction 37 72 # Remt 6 23 03 16 05 13 121 Cathy 2001 - 009281 2000021187 Braswell , R D C onstruction 37 72 # Remt 6 26 03 12 41 13 125 Linda 2002 - 038614 2000074805 Joyner , James a Jr 28665 # H cfn 6 27 03 14 44 44 189 Teri 2002 - 038614 2000074805 Joyner , James a Jr 17197 # Garn 6 27 03 14 51 43 125 Linda 2002 - 051567 2000085539 Newkirk , Benjamin E 1,40055 # H cf 7 8 03 15 25 23 189 Teri 2002 - 036230 2000081419 Johnson , Jamie 17809 # Garn This to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 6 16 03 - 7 15 03 Tax refunds - Personal Real Property 77863 Tax releases - Personal Real Property 1,75471 Motor Vehicle releases refunds 2,65857 Recommended Approved Pat Goddard , Tax Administrator John R Massey , Finance Officer 18 Delinquent Tax Collection Report Tax Administrator , Pat Goddard , reported on the enforced collections for the month of July 2003 A total of 75,71875 was collected through garnishments , bank attachments and levies A large number 215 accounts were turned over to the outside attorney’s office to process first and second notices a total of 11,61747 was collected through the process Page2412 August 4 , 2003 Continued Concerning the equalization and review hearings that are being held , the values of 1490 parcels have been challenged , and 656 appellants heard This represents the majority of the cases , and only 15 have given notice they will take their case to the property commission Tax bills are scheduled to be mailed out later in the month Board members expressed their appreciation to the Board of E & R for the great job they have done Board Reports and Comments 19 Medicaid Issues Commissioner W Ray Woodall commented about a report that millions of dollars in medicaid overpayments may have to be repaid by the State He asked if this would affect Johnston County County Manager , Rick Hester , stated he would check on this and get information back to the Board There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage