March 1, 1999 - 10:00 AM - County Board of Commissioners Meeting MInutes

10 301 March 1 , 1999 The Johnston County Board of Commissioners met in regular session Monday , March 1 , 1999 , at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members PresentJames H Langdon , Jr , Cookie Pope , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart , and Allen L Mims , Jr Absent None Also Present Rick J Hester , Interim County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , Attorney 1 Minutes Chairman James H Langdon , Jr asked if there were corrections to the minutes of the February 1 , 8 , 18 - 19 , 1999 board meetings There being no corrections , the Chairman declared the minutes approved as presented Public Comments - There were no comments from the public at this time 2 Findings Resolution and Call for Public Hearing on COP’s Financing The Chairman presented a resolution approving the filing of an application with the North Carolina Local Government Commission with respect to the financing through one or more installment financing contracts of i the acquisition , construction and equipping of a new elementary school to be located in the Archers Lodge area ; ii the construction and equipping of a portion of the Heritage Center ; and iii the refinancing of existing installment financing debt for the Clayton Elementary School Commissioner Eleanor N Creech introduced the following resolution which was discussed and its title was read RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR APPROVAL OF ONE OR MORE INSTALLMENT FINANCING CONTRACTS AUTHORIZED BY NORTH CAROLINA GENERAL STATUTES SECTION 160A - 20 , IN AN AMOUNT NOT TO EXCEED 17,000,000 AND MAKING CERTAIN FINDINGS REQUIRED BY NORTH CAROLINA GENERAL STATUTES SECTION 159 - 151 WHEREAS The Board of Commissioners of Johnston County the Board has decided to pursue the financing of the acquisition , construction and equipping of a new elementary school to be located in the Archers Lodge area the School Project pursuant to an installment financing contract , as permitted under NCGS § 160A - 20 § 160A - 20 ; and WHEREAS The amount to be financed for the School Project is approximately 9,500,000 , including certain costs of issuance thereof ; and WHEREAS The Board has decided to pursue the refinancing of the Clayton Elementary School the Clayton Elementary School Project pursuant to an installment financing contract under § 160A - 20 ; and WHEREAS The amount to be refinanced for the Clayton School Project is approximately 7,150,000 , including certain costs of issuance thereof ; and WHEREAS The Board has decided to pursue the financing of the construction and equipping of a portion of the Heritage Center the Heritage Center Project pursuant to an installment financing contract under § 160A - 20 ; and WHEREAS It is anticipated that the portion of the cost of the Heritage Center Project to be so financed will not exceed 350,000 ; and WHEREAS Financing of the School Project , the Heritage Center Project and refinancing of the Clayton Elementary School Project collectively , the Projects pursuant to § 160A - 20 must be approved by the North Carolina Local Government Commission the LGC and will only be approved if the findings of NCGS § 159 - 151 b are met ;Page302 NOW , THEREFORE , BE IT RESOLVED by the Board , as follows 1 The Chairman and the other officers of the County , in connection with the Board of Education , are hereby authorized and directed to proceed with planning for the acquisition , construction and equipping of the School Project and the Heritage Center Project 2 The County hereby declares that it reasonably expects to make certain capital expenditures for the acquisition , construction and equipping of the School Project and the Heritage Center Project and to reimburse such expenditures and other expenditures already made or made within the last sixty 60 days out of the proceeds of an installment financing , up to a maximum amount of 9,850,000 This Resolution is intended to be a declaration of official intent under Treas Reg § 1150 - 2 e 3 The portion of the proposed Contract relating to the School Project is necessary and expedient because of the pressing need for additional elementary schools in the County The refinancing of the Clayton Elementary School Project is necessary and expedient because it will permit the County to reduce annual debt service payments with respect to the Clayton Elementary School by lowering the interest rate and extending the maturity of the financing The portion of the proposed Contract relating to the Heritage Center Project is necessary and expedient because it will enable the County to complete a museum and cultural center that has been donated to the County 4 The proposed Contract is preferable to general obligation bond financing for the same purposes because of the particular needs to be financed , the aggregate volume of financings to be accomplished and the desirability of having available the alternative financing structures and repayment provisions possible in the proposed negotiated installment financing 5 The cost of the proposed undertaking exceeds the amount of funds that can be prudently raised from currently available appropriations , unappropriated fund balances , and non - voted general obligation bonds that could be issued by the County in the fiscal year pursuant to Article V , Section 4 , of the North Carolina Constitution The Projects are non - revenue producing so revenue bonds are not an option 6 The cost of financing under the proposed Contract is not greater than the cost of issuing general obligation bonds 7 The sums to be provided under the Contract are adequate and not excessive for the stated purposes of acquiring , constructing and equipping the School Project and the Countys portion of the Heritage Center Project and the refinancing of the Clayton Elementary School Project 8 The Countys debt management procedures and policies are good and have been carried out in strict compliance with law and will henceforth be so carried out 9 There will be no tax increase to meet the sums due under the proposed Contract 10 The County is not in default in any of its debt service obligations 11 The attorney for the County has rendered an opinion that the proposed School Project , the Heritage Center Project and the refinancing of the Clayton Elementary School Project are authorized by law and are purposes for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina 12 The Board hereby calls for a public hearing with respect to the School Project and the Contract , to be held on April 5 , 1999 , and directs the County Clerk to publish notice thereof not less than ten days prior thereto 13 The Chairman and other officers of the County are hereby authorized and directed to make application to the LGC in connection with the acquisition , construction and equipping of the School Project and the Heritage Center Project , and the refinancing of the Clayton Elementary School Project and the financing therefor 14 All other acts of the Board and the officers of the County which are in conformity with the purposes and intent of this Resolution and in furtherance of the financing of the School Project and the Heritage Center Project and the refinancing of the Clayton Elementary School Project are hereby approved and confirmed 15 All Resolutions or parts thereof in conflict herewith are hereby repealed Commissioner Eleanor N Creech introduced the following resolution which was discussed and its title was read RESOLUTION APPROVING THE APPOINTMENT OF INTERSTATE JOHNSON LANE TO ASSIST THE COUNTY IN STRUCTURING CERTIFICATES OF PARTICIPATION TO FINANCE CERTAIN COUNTY PROJECTS WHEREAS The Board of Commissioners of Johnston County the Board has decided to pursuePage303 the financing of the acquisition , construction and equipping of a new elementary school to be located in the Archers Lodge area the School Project pursuant to an installment financing contract , as permitted under NCGS § 160A - 20 § 160A - 20 in the amount of approximately 9,500,000 ; and WHEREAS The Board has decided to pursue the refinancing of the Clayton Elementary School the Clayton Elementary School Project pursuant to § 160A - 20 in the amount of approximately 7,150,000 , including certain costs of issuance thereof ; and WHEREAS The Board has decided to pursue the financing of the construction and equipping of a portion of the Heritage Center the Heritage Center Project pursuant to § 160A - 20 in an amount not to exceed 350,000 ; and WHEREAS The Board intends to issue certificates of participation in connection with such financings and re financings and to engage certain professionals to assist it therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board , as follows 1 The County hereby appoints Interstate Johnson Lane to act as underwriter to the County in connection with the financing of the School Project , the Heritage Center Project and the refinancing of the Clayton Elementary School Project collectively , the Projects through one or more installment financing contracts under § 160A - 20 and agrees to proceed with the issuance of certificates of participation in connection therewith 2 The County hereby appoints Hunton & Williams to act as special tax counsel with respect to the installment financing contracts and the certificates of participation 3 The County Manager , the County Finance Officer and Hunton & Williams , as special counsel , are hereby directed to take such steps and draft such documents as may be required in order to finance or refinance the Projects through installment financing contracts and certificates of participation 4 All other acts of the Board and the officers of the County which are in conformity with the purposes and intent of this Resolution and in furtherance of the financing and refinancing of the Projects are hereby ratified , approved and confirmed 5 This Resolution shall take effect immediately Commissioner Eleanor N Creech moved the passage of the foregoing resolutions and Commissioner Cookie Pope seconded the motion , and the resolutions were passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Jerry F Wood , Eleanor N Creech , Thomas M Moore , Allen L Mims , and Wade M Stewart Nays None 3 Surplus Property Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board declared surplus the following property , and agreed to determine at a later date how and when to dispose of this property A Blueprint Machine - Diazit 120 - serial # 5N150160 B Sheriff’s Vehicles Year Make Model Vin Milage 1989 Ford Truck 1FTHF25G5KNA87256 83,709 bad engine 1989 Ford Crown Vic 2FABP72G5KX174731 101,315 1992 Ford Crown Vic 2FACP72W5NX218176 125,775 1992 Ford Crown Vic 2FACP72W2NX218779 168,783 1992 Ford Crown Vic 2FACP72W2NX218782 153,212 1994 Ford Crown Vic 2FALP71W4RX136947 111,051 1994 Ford Crown Vic 2FALP71W4RX150735 125,896 1994 Ford Crown Vic 2FALP71W4RX136902 106,939 1991 Pontiac 6000 LE 1G2AF54TXM6207233 125,291 1993 Chev Caprice 1G1BL5372PW150245 134,130 1993 Chev Caprice 1G1BL5374PW150201 148,253 1993 Chev Caprice 1G1BL5373PW149606 106,795 1993 Chev Caprice 1G1Bl5370PW150180 160,010 1995 Chev Caprice 1G1BL52W1SR147191 137,273 1995 Chev Caprice 1GIBL52WXSR148436 139,647Page304 1995 Chev Caprice 1G1BL52W7SR148149 118,683 1995 Chev Caprice 1G1BL52W3SR147855 106,704 1996 Chev Caprice 1G1BL52W8TR114898 134,861 1996 Chev Caprice 1G1BL52W1TR115455 112,990 1996 Chev Caprice 1G1BL52W8TR115047 134,329 1996 Chev Caprice 1G1BL52W2TR115237 129,903 C Maintenance Vehicle - 1993 Chev S - 10 - VIN # 1GCCS14Z3P8165638 4 Surplus Property - Sheriff’s Vehicles from Federal Surplus Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board declared surplus the following vehicles , which originally came from federal surplus , and agreed to give the proceeds from the sale of these vehicles to the Sheriff’s Department for equipment in the narcotics division 1966 AMG 6X6 Military Truck - VIN # 41206648 , 1968 AMG 6X6 Military Truck - VIN # 4G0503 , 1976 Dodge 4X4 Military Truck - VIN W24BE6S343754 Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board declared the following vehicle surplus and authorized that it be titled to the State of NC , to be used by another law enforcement agency in the state 1998 Chev 4X4 Military Blazer - VIN 1G8ED18JXEF103535 5 Request to Purchase Sheriff’s Vehicles for FY 1999 - 2000 Sheriff Steve Bizzell asked the Board for authorization to place an early order for replacement vehicles needed for the upcoming year He requested 18 Ford Crown Victorias at a cost of 19,548 for a total cost of 351,86552 , to be paid from FY 1999 - 2000 budget Sheriff Bizzell explained the Ford gives better service and requires less maintenance than the Dodge Intrepid and Chevrolet Lumina He recommended the County replace approximately 1 4 of the fleet each year for the next four years He informed the Board he has enacted a new policy which requires deputies to pay mileage back to the County for any unofficial use of their county vehicle Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the advance order of 18 Ford Crown Victorias for the Sheriff’s Department , with the understanding payment of 351,86552 will be from the 1999 - 2000 budget 6 Board of Education - Site Work on New Riverwood Elementary School Dr James Causby , Superintendent of Schools , addressed the Board concerning the need to proceed as quickly as possible on the proposed school west of Clayton in the Archer’s Lodge community The school , which is being called Riverwood Elementary , is scheduled to be built on property donated by developer , Fred Smith , and would be funded with the COP’s financing proposed earlier in this meeting The project budget for the new school would be 95 million Dr Causby noted that work on the site preparation must begin next month in order to have the school open by the fall of 2000 He asked that the County appropriate 600,000 for site work during the months of April , May , and June , then reimburse the General Fund for this money when the COP’s are sold In response to a question by Commissioner Allen L Mims , Jr , Dr Causby explained that Mr Smith is waiting to deed the property over to the County until the Town of Clayton is granted legislative power to satellite annex The local bill has been passed in the NC Senate , and has successfully been through committee in the NC House of Representatives Final approval is expected within the next two weeks Commissioner Mims also questioned whether acquisition funds are included in the 95 million , since the property is being donated Dr Causby explained the original request of 105 to 11 million was reduced to the current 95 million figure when Mr Smith made his offer to donate the property and provide for water and sewer to the site In discussion , the question was asked if the 600,000 would cover all the site work Dr Causby explained the property is large enough for not only the elementary school , but for a future middlePagePage pageNumber5305 school The 95 million budget would cover complete site preparation for the Elementary School , and rough grading on the rest of the tract The 600,000 would be sufficient to pay for the work during the months of April through June Following further discussion , Commissioner Jerry F Wood moved the Board approve the following budget amendment appropriating 600,000 for site work on the Riverwood Elementary School , contingent upon the property being deeded to the County , with the understanding that the 95 million budget includes the total costs for site work on the elementary school , and rough grading for the proposed middle school , and further with the understanding that funds will be reimbursed the County’s General Fund when the COP’s are sold Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Expenditure Increase 10 63009052 Riverwood School 600,000 Revenue Increase 10 630033990 Fund Balance Appropriated 600 , 000 7 Board of Education - Site for High School in Western Johnston County Dr James Causby directed the Board’s attention to projected enrollment statistics that indicate a new high school will be needed in the western portion of the County by 2002 The Board of Education has found a proposed site of 105 acres that would cost 1 million They have a no - cost option on the property which expires March 20 , 1999 , however , the owner has indicated a willingness to renew the option and negotiate financing arrangements Since the Board of Education has no funds for this project , he asked the Board of Commissioners to negotiate with the owner and find a way to purchase this property Commissioner Thomas M Moore stated he is familiar with the site and believes it would be a good location for a high school He voiced his support of the request Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board agreed to proceed , along with the Board of Education , in negotiations with the owner of a 105 acre tract in western Johnston County , with the intent to purchase the property as a site for a new high school 8 HAPP - Request to Apply for Home Buyers Assistance Funding Anne Eason , Director of the County’s Housing Assistance Payments Program HAPP , requested the Board authorize her to apply again this year for a 100,000 Home Buyers Assistance Grant Ms Eason stated she anticipates receiving application forms from the NC Housing Finance within the next week , and would like to begin the process as soon as possible In the past two years Johnston County has partnered with Rural Development , and by using their funds , as well as additional money from local banking institutions , the program has been able to help seven families each year purchase homes in the County In response to questions from Board members , Ms Eason stated that no funding agreement would be signed until later , and if funding falls through , the County has made no commitments There are no County matching funds required , and even additional administration funds are provided through the grant Following discussion , Commissioner Jerry F Wood moved the Board authorize the JC HAPP Agency to apply for a 100,000 Home Buyers Assistance Grant through the NC Housing Finance Agency , as soon as the application forms are available Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote 9 Budget Amendments A HAPP - Increase in Federal Funds for Leasing Additional Units and Increased Rents Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board approved the following budget amendment for the HAPP Agency to increase the budget of federal funds for Johnston County HAPP program Expenditure IncreasePagePage pageNumber6306 HAPP Payments 400,00000 Revenue Increase Federal Government 400,00000 B Health Department Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following budget amendment Expenditure Increase - Rural OB Care Incentive fund grant for malpractice ins for physicians 10 59250421 - Maternal Health - ROCI 13,17600 Revenue Increase 10 592534155 - Maternal Health - Health & Human Services 13,17600 C Soil Conservation Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the following amendment Expenditure Increase - Federal funds for stream debris removal 10 58504532 Stream Debris Removal 8,93092 Revenue Increase 10 585034152 Federal & state Funds - Streams 8,93092 D Social Services Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved the following budget amendments Expenditure Increase - NC DOT funds for Work First Demo Project 10 6135 4656 Work First Demonstration Project 14,82000 Revenue Increase 10 610034123 Social Services Administration 14,82000 Expenditure Increase - CP & L Project Share funds 10 61101911 Carolina Power & Light 21,14700 Revenue Increase 10 610034123 Social Services Administration 21,14700 Expenditure Increase - Increase in Adult Day Care funds - County Match from within budget 10 61304502 Adult Day Care 17,33600 Expenditure Decrease 10 61401902 State County Special Assistance 2,16700 Revenue Increase 10 610034123 Social Services Administration 15,16900 Expenditure Increase - to budget refunds into correct line items 10 61001100 Telephone 86367 10 61005305 Dues & Subscriptions 1140 10 61003330 Foster Care Clothing 1728 10 61001400 Travel 1,47952 10 61006380 Independent Living Funds 10000 10 61054500 Contracted Services 11950 10 61451903 IV - B Adoption Assistance 18000 10 61354523 Program Expense 34500 TOTAL 3,11637 Revenue Increase 10 610034123 Social Services Administration 3,11637 Expenditure Increase - Increase in Program Integrity Funding 10 61000200 Salaries 25,00000PagePage pageNumber7307 Revenue Increase 10 610034123 Social Services Administration 25,00000 Expenditure Increase - grant from Capital Area Work Force Devp Bd for Welfare to Work 10 61700200 Salaries 30,19100 10 61700300 Salaries - Part Time 36,36000 10 61700501 Social Security 1,49484 10 61700600 Health Insurance 3,12000 10 61700700 Retirement 2,30961 10 61700701 401K 1,50955 10 61705811 Work Experience 98,97200 10 61705812 On the Job Training 21,84000 10 61705813 WtW Transportation 3,78000 10 61705815 Emergency Housing 98200 10 61705816 WtW Substance Abuse Treatment 5,85000 10 61705817 Occupational Training 5,25000 10 61705818 Language Barrier Training 1,35000 10 61705819 IV - D Contracted Services 29,16900 10 61705820 Substance Abuse Contracted Services 9,45400 10 61705821 Employment Contracted Services 10,59700 10 61705822 Job Creation 12,40000 TOTAL 274,62900 Revenue Increase 10 617034151 Welfare to Work Grant 274,62900 Expenditure Increase - Smart Start Child Care Subsidy grant for day care and administrator 10 61304586 Smart Start Child Care 180,00000 10 61000200 Salaries 14,40000 TOTAL 194,40000 Revenue Increase 10 613034119 Child Day care 180,00000 10 610034123 Social Services Administration 14,40000 TOTAL 194,40000 10 Request for Positions Earl Marett , Director of Social Services , requested the Board approve four new positions to comply with the requirements of two new grants , and to add an intake worker for child welfare to comply with the state mandated staffing requirements He referenced two grants budgeted above ; the 274,629 Welfare to Work Grant , and the 194,400 Smart Start Child Care Subsidy Grant Mr Marett requested two social worker II positions , one accounting technician , and one income maintenance caseworker II The two social workers would work with the Welfare to Work Program , and the Child Welfare Program The accounting position would keep the records of the grant funds , and the income maintenance caseworker II position would determine eligibility for day care subsidy in the Smart Start Program All four positions would be funded by the grants or with money already in the Social Services budget that is tied to these projects In response to questions from the Board , Mr Marett explained the County would lose federal funds if these positions are not put in place The only County money would be for one of the social worker positions and would be maintenance of effort funds , which are County funds required to be spent by the block grant program When the grant money is no longer available , the positions would be terminated Following further discussion , Commissioner Jerry F Wood moved the Board approve four additional positions for the Social Services Department , two social worker II , one accounting technician and one income maintenance caseworker II , with the understanding the positions will terminate when grant funds are no longer available Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Commissioner Eleanor N Creech , who also serves as Chairman of the Social Services Board ,PagePage pageNumber8308 invited other Commissioners to attend the Social Services Board meetings Mr Marett concurred and noted there are many different programs under his department , and the funding is complex and difficult to understand He noted he was pleased to report that the medicaid estimates for the coming year have been issued and they are at the same level as last year’s estimates 11 Request for Approval of Adult Care Home The Board discussed a request from Dr Lisa M Bookert , of Clayton Family Practice asking the County to approve 72 adult care home beds for her proposed facility in Clayton Her request pointed out the state currently has a moratorium on adult care homes effective until August 26 , 1999 Commissioner Allen L Mims , Jr noted he had looked into the matter and found that lifting the moratorium in one situation would lift it countywide There is approximately a 26 vacancy rate in the existing adult care homes in the County , but the percentage includes beds under construction , and the statistics do not take into consideration the fast growing areas He suggested that if more adult care beds were available in the Clayton Cleveland area , people would probably utilize them instead of going into Wake and other surrounding counties DSS Director , Earl Marett , explained the State placed a moratorium on additional beds in 1997 in order to conduct a study Adult Care homes had become a very competitive business , and there were many vacancies across the state Questions had arisen as to whether the state adopted rate of payments for these homes was being impacted by the number and the quality of facilities The study was not completed during the initial period and the moratorium was extended until August , 1999 If the County approves this request , all homes in the County that have requested additional beds would be eligible , and the beds would be approved in the order in which they were requested He noted he was unsure whether there are any outstanding requests at this time Following further discussion , Commissioner Allen L Mims , Jr moved the Board table this decision until Mr Marett has time to get further information concerning other requests in the County Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote 12 Request for Funds to Replace Lights at the American Legion Field Loomis Woodard , parent of a son who participates in the American Legion Baseball program , addressed the Board concerning the need for replacing the lighting system at the Legion Ballfield located in Smithfield Currently the lighting system is very old , and the light poles are located on the playing field , presenting a danger to the players He noted that each year the county’s legion team represents young people from across the county , and this year junior legion teams are being added to the program In addition to the legion teams , the facility is also used by the Town of Smithfield for some of their recreation programs Cost estimates range from approximately 65,000 to 117,000 , depending on the type of poles used He asked the County for financial support in this project In response to questions from the Board , Mr Woodard stated the Town of Smithfield is also being asked to participate , and the American Legion will hold fund raisers for the project The Board agreed to take this request under advisement 13 Appointments A Brogden Fire Protection Commission Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board waived the length of term policy and reappointed Mel Thompson , Clarence Norris , Jr , and Linwood Z Wallace to the Brogden Fire Protection District Commission for two year terms to expire March 2001 Commissioner Stewart noted he would like to see some citizens at - large serving on the fire district commissions , as well as fire personnel PagePage pageNumber9309 B Industrial Development Commission Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board reappointed Jeffrey Batten from the Micro area , and appointed Charles Edward Haddock from the Princeton area to the Industrial Development Commission for two year terms to expire March 2001 C Library Board Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board appointed William Michael Creech to the Library Board of Trustees to fill an unexpired term ending June 2001 D Local Emergency Planning Committee SARA Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board made the following appointments to the Local Emergency Planning Committee for two year terms to expire March 2001 Reappointed Deborah Harrell , Ann Creech , David Creech , Dewayne West , C P Thompson , and Jeff Parrish Appointed A P Godwin E Town of Selma Planning Board As recommended by the Selma Town Council , Commissioner Allen L Mims , Jr moved the Board make the following ETJ appointments to the Selma Planning Board Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote Katherine Boyette - term to expire 11 1 99 ; Preston Price - term to expire 11 1 2001 ; and Betty Barnes - term to expire 11 1 2000 14 Agreement with the Town of Smithfield - Jones Brothers ’ Tank & Water Customers Engineer Tim Broome discussed with the Board a proposed agreement with the Town of Smithfield concerning the sale of the Jones Brothers ’ elevated tank and the transfer of water customers in the Wilson’s Mills Water District He noted that Smithfield has indicated they are satisfied with the agreement , and Smithfield Utilities Director , Bobby Tripp , who was in the audience , concurred with Mr Broome’s assessment Following discussion , Commissioner Thomas M Moore moved the Board approve the following agreement Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Agreement Concerning Sale of the Jones Brothers Elevated Tank , Transfer of Water Customers in Wilson’s Mills Water District This Agreement concerning various water issues between Johnston County and the Town of Smithfield is made this day of , 1999 between Johnston County , hereinafter referred to as “ County ” , and the Town of Smithfield , hereinafter referred to as “ Town ” WITNESSETH Whereas , it is mutually beneficial for both parties to this Agreement to transfer ownership of the 500,000 gallon elevated tank on US 301 north of the Town , known as the “ Jones Brothers tank ” from County service to the Town , and Whereas , it is in the interest of the Wilson’s Mills Water District for certain customers in the District area who are now provided retail water service by the Town of Smithfield to receive water service from the Wilson’s Mills Water District , and Whereas , it is necessary to resolve the issue of previously billed County capital surcharge fees to the Town which have been prepaid , and Whereas , the County has an alternate use for its bulk water meter installed on US 70 Bus just east of the Neuse River , and Now , therefore , the County and the Town , due to the benefits occurring , agreePage0310 and covenant as follows The County will sell to the Town the 500,000 elevated water storage tank on US 301 North , known as the “ Jones Brothers tank ” in its present condition , for the lump sum amount of 225,000 The Town shall pay the County one lump sum payment within 45 days following the execution of this agreement , but not before July 1 , 1999 The County will maintain the grounds of the elevated tank site , specifically involving grass cutting and maintenance of the security fence The Town shall grant to the County the nonexclusive right to maintain its radio antenna on the elevated tank for purposes of utility operations and communications without charge The County will be responsible for maintenance and repair of it’s antenna and any damages to the tank caused directly by the antenna The Town shall hold the County harmless from any damages or claims resulting from the Town’s use and operation of the tank and associated piping The Town may , at its own expense and in its sole discretion , replace the tank ; if the Town replaces the tank , the lease and terms set out herein shall continue The County shall maintain its supply connection to the tank consisting of the 10 main , altitude valve , and meter for emergency or mutual aid supply The County will lease to the Town a site defined as a 40 ft radius from the centerline of the tank for the period of the functional life of the tank or its replacement plus 12 months In the event the tank or a replacement is not used for a period of 12 months the Town shall remove the tank in its entirety from the site within six months , and the lease for the site shall terminate The County shall grant ingress and egress rights over the existing access road from US 301 to the tank for the period that the tank remains in service plus 12 months The County further grants an easement for the existing 8 water line between US 301 and the tank consisting of a 15 ft wide operation and maintenance easement centered on the existing pipeline The easement shall expire in the event the 8 water main is not used for a period of 12 months The County shall continue to use its existing transmission mains in the Smithfield area as detailed on Attachment A The County shall hold the Town harmless from any damages or claims resulting from the operation and maintenance of said pipelines The County shall be solely responsible for their operation , maintenance , repair and replacement The use and function of these mains shall not be changed without the written consent of the County The County shall grant to the Town full use and enjoyment of the County constructed water mains as detailed on Attachment B The Town shall hold the County harmless from any damages or claims resulting from the operation and maintenance of said pipelines The Town shall be solely responsible for their operation , maintenance , repair , and replacement The County will remove at its own cost its existing package water meter vault on US 70 Business Market Street on the east side of the Neuse River and replace it with a 12 ductile iron pipe The County will provide to the Town a quote on the cost to the Town to add a doghouse manhole over the new section at the time of the vault removal The Town agrees to transfer all existing retail water customers to the County which lie in the Wilson’s Mills Water District All customers and customer account information shall be transferred to the County within 30 days of the execution of this agreement In such transfer , the County shall be responsible for removal of the Town’s meters and return of the meters to the Town along with appropriate records of location , meter number , and account number The Town shall provide the County complete data on each account including payment history , meter number , and customer information All accounts receivable shall remain the Town’s , and the Town will refund all remaining account deposits to the affected customers The County will be responsible for notifying the affected customers This Agreement shall bind and enure to the benefit of the parties hereto and their respective successors and assigns This Agreement and all documents referred to herein shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina All communication hereunder shall be in writing and shall be delivered by hand , sent prepaid by Federal Express , or a comparable overnight delivery service , sent byPage1311 the United States Mail , certified , postage prepaid , return receipt requested at the address designated below To the County To the Town Johnston County Town of Smithfield PO Box 1049 PO Box 761 Smithfield , NC 27577 - 1049 Smithfield , NC 27577 Attention County Manager Attention Town Manager If any part of this Agreement is declared invalid , that part shall not affect the validity of the remainder of the Agreement IN WITNESS WHEREOF , the parties hereto have executed this Agreement or caused this Agreement to be executed by their duly authorized officers as of the day first written Attest TOWN OF SMITHFIELD By DEBBIE W HOLMES THE HONORABLE WILLIAM H JORDAN Clerk , Town of Smithfield Mayor , Town of Smithfield Attest JOHNSTON COUNTY By JOYCE H ENNIS JAMES H LANGDON , JR Clerk to the Board of Commissioners Chairman , Johnston Co Board of Commissioners ATTACHMENT A JOHNSTON COUNTY WATER TRANSMISSION AND DISTRIBUTION MAIN INVENTORY IN THE TOWN OF SMITHFIELD AREA The following is an inventory of Johnston County constructed , owned , operated , and maintained water transmission and distribution mains in the Smithfield area Pipe Size Location From To 16 US Bus West Barbour Road Clayton Booster Station No 2 east of Gordon Road 16 US 301 South Neuse River Holt’s Lake 16 Swift Creek Road Intersection of US 70 Aero Contractors Hanger off Bus and Swift Creek Rd Swift Creek Road 8 Rock Pillar Road Intersection of Rock Pillar Approximately 5,000 north Road and Swift Creek Rd of Little Creek Church Rd 16 Yelverton Grove Road Intersection of US 70 Bus Brogden Road East & Yelverton Grove Rd 8 Stevens Sausage Road Brogden Road Stevens Sausage Co 16 US 301 South Walpat Road Neuse River This segment is currently operated and maintained by the Town of Smithfield After connection to other County mains supplied by the County Water Plant , it will be operated and maintained by the County ATTACHMENT B JOHNSTON COUNTY WATER TRANSMISSION AND DISTRIBUTION MAINS IN THE TOWN OF SMITHFIELD AREA WHICH MAY BE USED BY THE TOWN OF SMITHFIELD The following is an inventory of Johnston County constructed and owned water transmission and distribution mains in the Town of Smithfield’s water service area which may be used by the Town of Smithfield Page2312 Size Location From To 20 US 70 Bus West Intersection of US 70 Computer Drive at Pippin Bus and Wilson’s Mills Rd Motor Company 16 US 70 Bus west from Computer Drive SR 1997 Clayton Booster Station No 1 Smithfield corporate at Pippin Motor Co east of Barbour Rd to Clayton 12 North Second St North Second Street Intersection of Buffalo Road immediately east of the and Booker Dairy Road Smithfield Water Treatment Plant 8 Booker Dairy Road Intersection of Buffalo Eastern boundary line of the Road and Booker Dairy Rd Smithfield - Selma High School Campus 12 US 70 Bus East 16 main adjacent to CSX Industrial Park Drive Railroad at Old Goldsboro Rd 16 US 70 Bus East Intersection of Industrial Intersection of US 70 Bus Park Drive and US 70 and Yelverton Grove Road Bus East th 16 CSX Railroad 10 Street Elevated Tank Jones Brothers Elevated Tank 12 Industrial Park Drive Intersection of Industrial 16 main east of CSX RR & Peedin Road in Park Drive and US 70 approximately 1500ft north Smithfield Bus East west of Penn Compression Molding 16 US 301 South Approximately 108 ft Neuse River north of the intersection of US 301 and Heath Avenue in Smithfield 10 Yelverton Grove Road US 70 Bus East Brogden Enterprises A portion of this segment is also included on Attachment A It may be used by the Town until it is connected to other County transmission mains supplied from the County Water Plant 15 Lower Neuse Basin Association Grant Agreement Engineer Tim Broome requested the Board approve an amendment to the Lower Neuse Basin Association Grant Agreement , which if successfully completed would award a 60,000 grant for further nitrogen removal from the wastewater treatment effluent The 30,000 County match would come from the Public Utilities current capital program funds Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board accepted the following Lower Neuse Basin Association Grant amendment as presented and approved the necessary budget amendment LOWER NEUSE BASIN ASSOCIATION GRANT AGREEMENT AMENDMENT NUMBER 1 GRANTEE County of Johnston GRANT AGREEMENT NO 98 - 8 , AMENDMENT NO 1 WASTEWATER TREATMENT PLANT - NPDES NO NC0030716 Name Central Johnston County Wastewater Treatment Facility THIS GRANT AGREEMENT AMENDMENT NO 1 the “ Amendment No 1 , is made effective as of st the 1 day of March , 1999 , by and between the LOWER NEUSE BASIN ASSOCIATION , acting pursuant to its authority under Article 3 of Chapter 55A of the North Carolina General Statutes the “ LBNA ” and the COUNTY OF JOHNSTON , a North Carolina Local Government , the “ Grantee ” RECITALS 1 The LNBA and the Grantee have entered into Grant Agreement No 98 - 8 dated June 18 , 1998 under which the Grantee has received a Grant from the LNBA of 71,86700 to assist in funding a project to reduce nitrogen discharged from its wastewater treatment plant to the Neuse River The project is further described in Exhibit A to the Grant Agreement , including the scope of work , budget and schedule 2 The Grantee requested and the LNBA approved a Grant increase and change in project scope of work at its meeting on January 21 , 1999 The LNBA is willing to increase the Grant based on thePage3313 terms and conditions set forth in the Grant Agreement and this Grant Agreement Amendment No 1 The change in Project Scope is further described in Exhibit A Revision 1 and in Exhibit B , Grantee Letters of Request , dated August 18 , 1998 and January 14 , 1999 , to this Grant Amendment No 1 NOW , THEREFORE , in consideration of the mutual benefits they will receive , the Grantee and the LNBA enter into this Grant Amendment No 1 SECTION I The Grant 11 Grant Subject to the terms and conditions of the Grant Agreement and this Grant Agreement Amendment No 1 , the LNBA will grant the Grantee the sum of up to 131,86700 An increase of 60,00000 12 Grant Purpose The purpose of the Grant is to reimburse up to two - thirds of the costs “ Project Costs ” necessary to complete the Project , for which up to 131,86700 is granted to be disbursed according to the provisions of Section III of the Grant Agreement after the conditions precedent in Section III of the Grant Agreement after the conditions precedent in Section II have been satisfied SECTION II Conditions Precedent for Disbursement of Grant Increase Before Grant increase funds are disbursed for the Project Costs , the Grantee shall deliver to the LNBA the following items 21 Authority Documents of the Grantee Authorization from the governing board or other appropriate authority to perform the functions and obligations of Grantee set out in the Grant Agreement and this Amendment No 1 22 Matching funds Proof of availability of matching funds , necessary to complete the project IN WITNESS WHEREOF , the undersigned have executed this Grant Amendment No 1 under seal through their duly authorized officers or representatives as of the day and year first above written Exhibit A , Revision 1 Supplemental Grant request received August 18 , 1998 ; Revised January 14 , 1999 LNBA Member County of Johnston , Post Office Box 1049 Smithfield , North Carolina 27577 Representative Haywood M Phthisic , Utility Director Phone 919 989 - 5075 Facility Name Central Johnston County Regional Wastewater Treatment Plant NPDES Permit # NC 0030716 Permitted Flow 450 MGD Recent Discharges Flow , MGD Total Nitrogen Pounds Avg Concentration Mg l 1995 3283 89,374 913 1996 3147 89,542 932 Service Area Growth Rate Service area population growth is estimated in the 5 - 6 range Description of Plant Optimization Project The proposed project includes piping modifications so that the two main aeration basins can be operated in series or plug flow instead of the existing parallel configuration The diffused air system will be turned off in the first 40 to 60 of the first basin to create anoxic conditions for denitrification Two floating mixers are proposed in the area where air will not be supplied in order to maintain solids in suspension Add nitrate recycle pumping and piping Projected Nitrogen Reduction It is expected that the modified plant will be able to produce an effluent with total nitrogen less than 6mg l Assuming an average effluent total nitrogen of 5 mg l at the present flow rate of 32 MGD , would result in an annual discharge of 48,700 pounds , a 45 reduction from 1995 Cost of Project Estimated construction cost is 107,80000 Add 90,000 for the nitrate recycle system for a total estimated cost of 197,80000 Schedule The project has been designed , submitted , and has received DEHNR project approval for construction The County has proceeded with construction of the project with an expected completion date of April , 1998 The nitrate recycle system will be completed prior to December , 1999 Funding Assistance Requested 71,867 + 60,000 131,867 Cost for Nitrogen Reduction Annual removal of 40,668 pounds of nitrogen with the construction cost of 197,800 spread over five years results in a unit cost of 097 per pound of nitrogen removed Expenditure IncreasePage4314 68 79107400 Capital Outlay 60,00000 Revenue Increase 68 791036175 Other Revenues 60,00000 16 Amendment to Uniform Policy for Water Districts Engineer Tim Broome requested the Board adopt an amendment to the Uniform Policy for Water Districts The amendment would allow a reduction of the mandatory monthly bill for large rental properties consisting of 10 or more units , who participated in the formation of water districts This would include mobile home parks and apartment complexes , and would allow the owners to pay minimum monthly bills based on 90 of their units or the actual number of units occupied , whichever is greater Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board adopted the following resolution amending the Uniform Policy for Water Districts RESOLUTION PROVIDING FOR ADOPTION OF AMENDMENTS TO UNIFORM POLICY FOR WATER DISTRICTS WHEREAS The Johnston County Board of Commissioners the Board has adopted uniform policies and fee schedules for customers of all water districts the Districts within Johnston County the Uniform Policy ; and WHEREAS , the Board has determined that it is in the best interest of the County and the Districts for the County to amend the Uniform Policy modify the billing procedure for multi - unit residential property under a single ownership to create a fee schedule which appropriately considers reasonable levels of occupancy by charging a minimum monthly fee equal to charges for all occupied units or 90 of all units , whichever is greater ; NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners , meeting in regular session at Smithfield , North Carolina , on March 1 , 1999 , do the following 1 Section 22 , “ Customer Responsibility ” is amended by adding paragraph I , as follows i For multi - unit residential facilities including mobile home parks , apartments , and individual rental housing of 10 units or more under one ownership which were provided service by a water district through an incentive tap assessment fee program , the minimum monthly charge shall be due and payable on all occupied units or 90 of the total units , whichever is greater The minimum monthly charge for the qualifying units will be waived only if a service disconnect has been requested for each unit The minimum charge requirement shall extend for five years , in accordance with the users agreement 2 The Uniform Policy applicable to all water districts in the County , as amended pursuant to this resolution , is attached to these minutes as Exhibit A , and is incorporated herein by reference 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 Each District is authorized , upon adoption of the Uniform Policy including any future additions and amendments thereto , to use the Uniform Policy as its own rules and regulations 4 This resolution will become effective upon adoption 17 Request for Authorization to Apply for Clean Water Bond Grant for Wastewater Treatment Facilities Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board adopted the following resolution authorizing the application of a clean water bond grant to make improvements to the Central Wastewater Treatment Plant , upgrade the Selma Equalization and Pumping Facilities , and rehabilitate the sewer interceptors in the Smithfield - Selma area RESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS WHEREAS , The Federal Clean Water Act Amendments of 1987 , Federal Safe Drinking Water Act Amendments of 1996 , and the North Carolina Clean Water Revolving Loan and GrantPage5315 Act of 1987 have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works , wastewater collection systems , and water supply systems , and WHEREAS , Johnston County has need for and intends to construct a wastewater transmission and treatment system project described as the Central Johnston County Regional Wastewater Facilities Interim Improvements , and WHEREAS , Johnston County intends to request state grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County will arrange financing for all remaining costs of the project , if approved for a State grant and or loan award That Johnston County will adopt and place into effect on or before completion of the project a schedule of fees and charges which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of Johnston County agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of Johnston County to make scheduled repayment of the loan , to withhold from Johnston County any State funds that would otherwise be distributed to Johnston County in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That Johnston County will provide for efficient operation and maintenance of the project on completion of construction thereof That the County Manager , and successors so titled , is hereby authorized to execute and file an application on behalf of Johnston County with the State of North Carolina for a grant and or loan to aid in the construction of the project described above That the County Manager , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application for the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto st Adopted this the 1 day of March , 1999 at Smithfield , North Carolina 18 Request for New Application for Clean Water Bond Grant for Gordon Road Water Main Engineer Tim Broome explained the initial request for a Clean Water Bond Grant application for funds for the Gordon Road Water Transmission project was approved in January by the Little Creek Water District Since that time , the County has found out the application would not be eligible since the water district is still in the developmental stage He requested the Board resubmit application for the Gordon Road project in the County’s name Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adopted the following resolution approving application for a Clean Water Bond Grant for the Gordon Road Water Transmission Main project RESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS WHEREAS , The Federal Clean Water Act Amendments of 1987 , Federal Safe Drinking Water Act Amendments of 1996 , and the North Carolina Clean Water Revolving Loan and Grant Act of 1987 have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works ,Page6316 wastewater collection systems , and water supply systems , and WHEREAS , Johnston County has need for and intends to construct a water supply system project described as the Gordon Road water transmission main , and WHEREAS , Johnston County intends to request state grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY That Johnston County will arrange financing for all remaining costs of the project , if approved for a State grant award That Johnston County will adopt and place into effect on or before completion of the project a schedule of fees and charges which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That Johnston County will provide for efficient operation and maintenance of the project on completion of construction thereof That the County Manager , and successors so titled , is hereby authorized to execute and file an application on behalf of Johnston County with the State of North Carolina for a grant to aid in the construction of the project described above That the County Manager , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application for the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto st Adopted this the 1 day of March , 1999 19 Southeast Lowgrounds Water System - Award of Contract The Board reviewed the following bids received on February 22 , 1999 at 2 00 pm for the Southeast Lowgrounds Water System project CONTRACTOR Base Bid Alternate McMahan Brothers Pipeline , Inc , Cayce , SC 1,354,64400 62,22750 James L Cayton Construction , New Bern , NC 1,544,09185 57,59000 T A Loving Co , Goldsboro , NC 1,546,58000 58,58500 Hendrix - Barnhill Construction Co , Greenville , NC 1,637,94400 62,67700 So - Par Utilities , Jacksonville , NC 1,764,59500 96,12500 Herring - Rivenbark Construction Co , Kinston , NC 1,924,23500 74,27000 Mark H Johnson , Inc , Newton Grove , NC 2,257,87500 57,03400 Webcon , Smithfield , NC 2,802,874 1 0 55,52225 Engineer Tim Broome stated the project was based on two sections of work Section I for a water main from the Southwest Wayne system to the Tuscarora Boy Scout Reservation , and Section 2 for the remainder of the work The line to the Boy Scout Camp is needed as soon as possible as their current water supply is contaminated , and this portion of the project would begin immediately The bids were based on the entire project , however bidders were made aware that Section II would be subject to funds from HUD The add alternate was to up size the pipeline on US 701 from 6 to 8 for a potential water district Mr Broome recommended award of contract to low bidder , McMahan Brothers Pipeline , Inc of Cayce , South Carolina , in the total amount of 1,416,87150 , which includes the alternate for the US 701 pipe segment up sizing , The total project budget would be 1,650,000 With only 1,500,000Page7317 available , there would be a 150,000 shortfall He suggested the County request an increase in the Safe Drinking Water Act Loan from 650,000 to 715,000 , and use 65,000 of the Utilities Department capital water fund for up sizing the US 701 segment , which could be paid back by a future water district The project can be scaled back to cover the remaining 20,000 shortfall , and then if contingency money is left over , those items deleted can be added back into the project Following further discussion , Commissioner Wade M Stewart moved the Board award contract to McMahan Brothers Pipeline , Inc of Cayce , South Carolina for the Southeast Lowgrounds Water System Project in the amount of 1,416,87150 , total project budget of 1,600,000 with the understanding the contractor is to begin immediately on Section I of the project water main from the Southwest Wayne system to the Tuscarora Boy Scout Reservation and with further understanding that Section II the remainder of the project is subject to the following conditions 1 funding from HUD ; 2 confirmation that the additional 65,000 in State Safe Drinking Water Loan funds are available ; 3 a change order reducing the project by 20,000 , and 4 use of up to 65,000 from the water utilities capital reserve fund Commissioner Stewart further moved the Board approve the following resolution requesting an increase in the Safe Drinking Water Act loan to be used for this project Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote RESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS CONCERNING THE SOUTHEAST LOWGROUNDS WATER SYSTEM PROJECT WHEREAS , Johnston County has need of and intends to construct the Southeast Lowgrounds water system improvements , and WHEREAS , Johnston County has received bids for the construction of the project and lacks adequate funding to construct all proposed improvements , and WHEREAS , Johnston County has a 650,000 Safe Drinking Water Act loan that may be increased to 715,000 NOW , THEREFORE BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS That Johnston County hereby request a 10 increase in its Safe Drinking Water Act loan from 650,000 to 715,000 to provide financing for the construction of the Southeast Lowgrounds Water System That Johnston County will maintain a schedule of fees and charges which will provide adequate funds for proper operation , maintenance , and administration of the system That Johnston County will provide for efficient operation and maintenance of the project on completion of construction thereof That the County Manager , and successors so titled , is hereby authorized to execute contract documents on behalf of Johnston County for the construction of the project described above That the County Manager , and successors so titled , is hereby authorized and directed to execute such other documents as may be required in connection with the project That Johnston County has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto st Adopted this the 1 day of March , 1999 20 Potential Sale of Bulk Water to Wayne County Water Districts Engineer Tim Broome informed the Board the Wayne County Fork Water District , or combined Wayne Water Districts may wish to purchase up to ½ million gallons of bulk water from Johnston County He pointed out this would provide an additional source of water for the County in case of anPage8318 emergency The Board agreed the County should be open to discussion on this matter if approached by officials from the Wayne County districts 21 Award of Bid - Cleveland Middle School Wastewater Facilities The Board reviewed the following bids received February 23 , 1999 at 2 30 pm for the Cleveland Middle School Wastewater Facilities project Youngblood Construction Co , Smithfield , NC 120,96800 Billings & Garret , Inc , Raleigh , NC 125,13170 T A Loving Co , Goldsboro , NC 125,31000 Detas , LLC , Kinston , NC 136,90600 Eberhart Construction , Inc , Pittsboro , NC 142,99924 Wm J Keller & Sons Construction Corp Castleton , NY 183,64000 Construction Supervision Services , Inc , Raleigh , NC 187,88500 Engineer Tim Broome recommended award of contract to low bidder , Youngblood Construction Co of Smithfield , in the amount of 120,968 The total project budget would be 188,000 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board awarded contract in the amount of 120,968 to Youngblood Construction Co , Smithfield , NC for the Cleveland Middle School Sewer Improvements project and approved the project budget of 188,000 22 Bond Anticipation Notes - Clayton , Cleveland and Wilson’s Mills Water Districts Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board recessed regular session to meet simultaneously as the Clayton Water District Board , the Cleveland Water District Board , and the Wilson’s Mills Water District Board A SITTING AS THE CLAYTON WATER DISTRICT BOARD Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Clayton Water District Board adopted the following resolution authorizing the issuance and sale of Bond Anticipation Notes for the Clayton Water District The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES OF THE CLAYTON WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA IN THE AGGREGATE PRINCIPAL AMOUNT OF 3,560,000 FOR THE PURPOSE OF FINANCING A WATER SYSTEM WHEREAS , the Bond Order hereinafter described was authorized and adopted by the Board of Commissioners of Johnston County the Board , acting as the governing body of the Clayton Water District of Johnston County the District on July 1 , 1996 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on August 30 , 1996 ; and WHEREAS , the Board issued 3,420,000 in water bond anticipation notes pursuant to a Bond Order and resolution adopted on June 1 , 1998 the 1998 Bond Order , in order to finance certain costs of the water bond projects the Projects ; and WHEREAS , such bond anticipation notes mature on March 24 , 1999 ; and WHEREAS , the Board de