July 1, 2013 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 524 Meeting of the Johnston County Board of Commissioners July 1 , 2013 10 00 am The Johnston County Board of Commissioners met in regular session Monday , July 1 , 2013 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , and Chad M Stewart Absent Ted G Godwin Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 10 00 am Commissioner Cookie Pope opened the meeting with a prayer Commissioner Tony Braswell led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – June 3 , 2013 10 00 am and 6 00 pm ; June 13 , 19 , and 25 , 2013 B Interlocal Agreement with Town of Archer Lodge The Board approved the following interlocal agreement with the Town of Archer Lodge Interlocal Agreement Between Johnston County and the Town of Archer Lodge This resolution agreement , made and entered into this the day of ________ , 2013 , by and between the Town of Archer Lodge , a municipal corporation organized and existing pursuant to the laws of the State of North Carolina , Party of the First Part and hereinafter referred to as the TOWN and Johnston County , a political subdivision of the State of North Carolina established and operating pursuant to the laws of the State of North Carolina , Party of the Second Part and hereinafter referred to as the COUNTY ; WITNESSETH WHEREAS , the TOWN and the COUNTY , pursuant to the authority granted by the North Carolina General Statutes 160A - 413 and 461 , hereby covenant and agree as follows 1 That the TOWN hereby contracts with the COUNTY to use the services of the Inspections Department of the COUNTY to enforce the North Carolina Building Code in accordance with the provisions adopted by the Building Code Council and the Commissioner of Insurance within the corporate limits The Town does not have any extra - territorial jurisdiction ETJ at this time 2 That the services of the Inspections Department shall be performed at no cost to the TOWN , but the County’s fees will be charged to the customer and payable to the County However , should any claims arise out of the services provided by the COUNTY under this agreement , the TOWN agrees to indemnify and hold the COUNTY , its employees , agents and contractors harmless from any and all claims for liability , loss , injury , damages to persons or property , costs or attorney’s fees resulting from any action brought against Johnston County , its employees , agents , contractors and Commissioners arising as a result of these services performed on behalf of the TOWN that are the subject matter of this Agreement 3 That all development to take place within the TOWN’s corporate limits shall be subject to the rules and regulations set forth in the Town of Archer Lodge Flood Damage Prevention Ordinance The TOWN will make the flood zone determination for all development The COUNTY will confirm the flood zone determination for all applicable buildings , so that a building permit may be issued and the necessary building standards are met If the property is located within the Special Flood Hazard Area and if the structure is to be constructed within the flood hazard area , preliminary and final elevation certificates will be required to be provided to the Town by the applicant Page525 July 1 , 2013 – 10 00 am Continued 4 Except for the confirmation of the flood zone determination provided in Section 3 , the Inspections Department is not directly responsible for enforcing the Town of Archer Lodge Flood Damage Prevention Ordinance ; however any violations observed should be reported immediately to the TOWN 5 Any amendment to the Town of Archer Lodge Flood Damage Prevention Ordinance must be presented to the COUNTY and the North Carolina Department of Public Safety , prior to adoption 6 That this Agreement shall continue until such time as either the TOWN or COUNTY resolves to discontinue the Agreement and presents sixty 60 days written notice to the other party of said termination or upon mutual agreement of both parties Any permit application received during this sixty 60 day period will continue to be processed until completion 7 This Agreement may only be modified in writing and executed by both parties 8 That the effective date of this Interlocal Agreement shall be the date passed by the Johnston County Board of Commissioners IN WITNESS WHEREOF , the Town of Archer Lodge has caused this Agreement to be signed in its name by its Mayor , attested by its Clerk , and its Official Seal to be hereunto affixed , and Johnston County has caused this agreement to be signed in its name by the Chair of the Board of Commissioners and attested by the Clerk of its Board and its Official Seal to be hereunto affixed , the day and year first above written C Sheriff’s Office – Request to Surplus Vehicle At the request of Sheriff Steve Bizzell , the Board declared the following vehicle surplus that was involved in an accident and is considered a total loss by the insurance carrier 2008 Chevrolet Impala , VIN 2G1WC583589259896 , County Asset # 013129 D Tax Releases & Refunds – 05 16 2013 – 06 15 2013 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2012 1212 - 496496 1209 - 502680 JACOBS , ANGELA CAROL Overpayment 13498 2012 1303 - 522170 1212 - 540335 JKJ UNDERGROUND CONSTRUCTION INC Release 27783 2012 1305 - 558148 1302 - 570945 GIDDING , GREGORY EDWARD Release 35288 2012 1305 - 558149 1302 - 572196 GIDDING , GREGORY EDWARD Release 23813 2012 1211 - 481501 1208 - 493584 SANDERS , DARIUS TERRELL Overpayment 13551 2012 1212 - 492519 1209 - 502975 HUNTER , NEVELLE AVEC Overpayment 14456 2012 1303 - 527679 1212 - 545010 ARMSTRONG , TIFFANY DRUMMOND Release 19748 2012 1304 - 545029 1301 - 549118 SNYDER , CHARLES WILBUR Overpayment 10752 2012 1209 - 437202 1206 - 460721 PENA , CARLOS DE CASTRO Overpayment 29061 2012 1212 - 495338 1209 - 504117 MERKLEY , JOHN EDWIN Release 34881 2012 1303 - 528487 1212 - 543622 BALAZSI , EVAN BRISCOE Overpayment 19379 2012 1212 - 495904 1209 - 502744 BAUM , DAVID ARTHUR Overpayment 12702 2012 1303 - 521948 1212 - 545390 DAVIS , LEE A Release 70227 2012 1210 - 454780 1207 - 472807 RADFORD , JO ANN Overpayment 12188 2012 1305 - 558830 1212 - 545390 DAVIS , LEE A Release 35114 2012 1210 - 455989 1207 - 468785 LYNN , GREGORY LAMONT Overpayment 13907 2012 1211 - 476872 1208 - 490288 BROWNING , JOSHUA CLINT Overpayment 12018 2012 1303 - 525797 1212 - 534897 COLEY , JR , WILLIE ALLEN Overpayment 30760 2012 1305 - 556416 1302 - 568225 LOPEZ , OSCAR Overpayment 16277 2011 1108 - 271339 1105 - 273405 HOLMES , PATRICIA ANN Overpayment 13504 2012 1305 - 555878 1302 - 570111 CREECH , EDITH BROWN Release 12271 2012 1208 - 423353 1205 - 443625 RENFROW , LELA MACON Overpayment 21039 2012 1301 - 499026 1210 - 518330 BRIDGES , KAREN DENISE Release 11149 2012 1304 - 537977 1301 - 553161 ALLEN INDUSTRIAL SERVICES LLC Tag Surrender 14636 2012 1303 - 524893 1212 - 539157 PATE , STEPHEN CHARLES Overpayment 1,46649 2012 1301 - 502200 1210 - 516822 REEVES , WILLIAM LEWIS Overpayment 10262 2012 1210 - 457619 1207 - 476781 HELSABECK , DALE CROCKER Overpayment 19826 2012 1212 - 488706 1209 - 507513 HARDIN , WALTER CALVIN Overpayment 13705 2012 1305 - 556005 1302 - 558794 EVANS , DENNIS ELTON Release 13685 Page526 July 1 , 2013 – 10 00 am Continued 2012 1212 - 498210 1209 - 502171 HIGH , CAROLYN ELIZABETH Overpayment 12606 2012 1212 - 486542 1209 - 505877 ADAMS , JOHNNY WILSON Overpayment 33960 2012 1302 - 515410 1211 - 530092 DAVIS , TERENCE DERRILL Overpayment 17804 2012 1304 - 541339 1301 - 548698 STEWART , II , JIMMY STEVEN Overpayment 11850 2012 1303 - 530652 1212 - 533997 BLANTON , JR , JOHN MANNING Overpayment 23180 2012 1304 - 536853 1301 - 551859 WALL , WINDA TEIHOTAATA Overpayment 10610 2012 1305 - 554143 1302 - 559690 RAYNOR , WILEY HARVEY Release 19694 2012 1212 - 487152 1209 - 500989 LAZO , ORBELICIA DEL CARMEN AMAYA Overpayment 16675 2012 1301 - 507351 1210 - 510352 GODWIN , AVIS REGINA Overpayment 15176 2012 1211 - 480199 1208 - 492467 YOUNG , MICHAEL PAUL Overpayment 30360 2012 1305 - 557736 1302 - 572270 GRUNDUSKY , ROBERT MICHAEL Tag Surrender 12915 2012 1303 - 528682 1212 - 543315 KENLY CHURCH OF GOD Release 12038 2012 1305 - 545747 1302 - 571125 REBELLO , PAUL DAVID Release 11439 2012 1304 - 539625 1301 - 552599 HUDSON , JR , RALPH ROUNDY Overpayment 14627 2009 1005 - 080738 1002 - 073024 STITT , FRANCIS BLAIR Overpayment 19210 2012 1305 - 550151 1302 - 559001 LEE , JR , CHARLES EARL Release 13846 2009 1005 - 080738 1002 - 073024 STITT , FRANCIS BLAIR Void Refund 19210 2012 1212 - 494856 1209 - 500649 BURNELL , DANIEL CHARLES Overpayment 17304 2012 1301 - 509773 1210 - 519004 BARBOUR , ALICE JEAN Overpayment 14758 2012 1303 - 526893 1212 - 544741 HARTSELL , MICHAEL EUGENE Overpayment 12767 2012 1303 - 525424 1212 - 544649 VANDRESE , ERIC ANTHONY Tag Surrender 11071 2012 1304 - 539173 1301 - 558130 AUSTIN TRUCKING LLC Overpayment 82239 2012 1211 - 485524 1208 - 493532 WILSON , TESHA EVETTE Overpayment 10040 2012 1301 - 503447 1210 - 510437 PODOBINSKI , MICHAEL BARNEY Overpayment 17944 2012 1304 - 535737 1301 - 556811 JACKSON , LENA LASHAUN Release 12219 2012 1212 - 497848 1209 - 502082 MCMILLAN , MARY ANN Overpayment 15102 2012 1304 - 544408 1301 - 552804 MATTHEWS , JONATHAN LAWRENCE Overpayment 15793 2012 1302 - 515931 1211 - 530545 OTERO , STEVEN MICHAEL Overpayment 10070 2012 1209 - 438696 1206 - 461294 AYCOCK , DEBORAH HOUSE Overpayment 26564 2012 1208 - 427122 1205 - 441257 SHIPMAN , JR , VERNON MITCHELL Overpayment 25866 2012 1210 - 454613 1207 - 475925 MCPHATTER , TEO WHITFIELD Overpayment 17665 2012 1305 - 547086 1302 - 567881 AHOLA , DAVID JAMES Release 20762 2012 1212 - 496174 1209 - 502549 DANIELS , HENRY WILSON Tag Surrender 11003 2012 1305 - 556926 1302 - 560143 SIMS , WILLIAM HENRY Release 28485 2012 1208 - 427773 1205 - 443997 DAVIS , JR , JAMES THOMAS Overpayment 12100 2012 1212 - 497154 1209 - 507369 VIEUX , RALPH LEE Overpayment 15220 2012 1302 - 517303 1211 - 525648 HALES , DENNIS WADE Overpayment 11088 2012 1305 - 558440 1302 - 568236 INFINITY FIRE PROTECTION Release 10421 2012 1301 - 500047 1210 - 518232 MOYNIHAN , KATHERINE ELLEN Overpayment 13164 2012 1208 - 424942 1205 - 444555 HINNANT , ELEX EUGENE Overpayment 17231 2012 1212 - 494744 1209 - 494854 AVERY , TERRY LEE Overpayment 10742 2012 1208 - 420747 1205 - 448499 RIES , BROOKE ASHTON Overpayment 19644 2012 1305 - 547634 1302 - 571715 DE JESUS , EVELYN Release 40655 2012 1301 - 506628 1210 - 518004 BAILEY , WENDY DIXON Overpayment 10696 2012 1302 - 520650 1211 - 529602 FISHER , ERIK LAURENCE Tag Surrender 15745 2012 1305 - 545563 1302 - 568295 FULTS , PATRICK R Release 22977 2012 1301 - 501090 1210 - 520714 FANNY , SANDRA LEWIS Overpayment 19008 2012 1305 - 554222 1302 - 572696 VANWAARDHUIZEN , JAMES ARTHUR Release 51000 2012 1212 - 491041 1209 - 501519 REDDICK , TAWANA OLIVIA Overpayment 15374 2012 1305 - 554221 1302 - 571710 VANWAARDHUIZEN , JAMES ARTHUR Release 32300 2012 1301 - 505202 1210 - 521319 FREEMAN , MELISSA DAWN Release 23745 2012 1212 - 488332 1209 - 499984 DANIELS , NELSON KARR Overpayment 14869 Page527 July 1 , 2013 – 10 00 am Continued 2012 1210 - 445280 1207 - 478734 CLIFTON , ANTHONY JAMES Overpayment 15939 2012 1305 - 547277 1302 - 569355 BEST , JR , TIMOTHY DEKISTE Tag Surrender 11334 2012 1305 - 552543 1302 - 565347 RABON , 2ND , CLARENCE Release 22248 2012 1306 - 570085 1303 - 584300 SWANSTON , FELICIA STEVENSON Release 16692 2011 1109 - 284469 1106 - 296443 ALLEN , GWENDOLYN NAN Overpayment 12300 2012 1304 - 537971 1301 - 556799 AIMONE , KENNETH JOHN Release 16040 2012 1306 - 572410 1303 - 588669 SNOW , TIA LOUISE Release 2,32560 2012 1301 - 502467 1210 - 517007 STEWARD , JOHNISE WESTLYN Overpayment 11239 2012 1306 - 567019 1303 - 588142 PACKARD , TIMOTHY CLELL Release 25037 2012 1303 - 524222 1212 - 544401 HERB FANNIN & SONS ROOFING CO INC Release 31626 2012 1306 - 560922 1303 - 588591 BAKER , WILMA OLIVER Release 34509 2012 1306 - 559810 1303 - 588515 FOWLER , JAMES GILBERT Release 28052 2012 1305 - 558392 1302 - 572668 QWEST COMMUNICATIONS COMPANY LLC Release 34155 2012 1306 - 563102 1303 - 588570 ROSSMAN , DAVID WILLIAM Release 20621 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 5 20 2013 9 03 40 AM sgarner 2012 - 47642 2000090319 JOHNSON , M RAY 1,52002 5 21 2013 7 55 57 AM cfutch 2012 - 8514 2000139459 BARTLETT MILLING CO LP 4,32400 5 22 2013 10 47 09 AM ghermane 2012 - 201600 2000166069 HINTON , WALTER JUNIOR 51622 5 30 2013 12 42 33 PM ghermane 2012 - 34549 2000065473 GILBERT , CORY CONSTR INC 77892 6 5 2013 11 54 32 AM ghermane 2013 - 200249 2000170269 STORM REAL ESTATE HOLDINGS 10,83286 6 5 2013 12 00 25 PM ghermane 2013 - 200250 2000170269 STORM REAL ESTATE HOLDINGS 12,88055 6 5 2013 12 01 09 PM ghermane 2013 - 200250 2000170269 STORM REAL ESTATE HOLDINGS - 12,88055 6 5 2013 12 02 28 PM ghermane 2013 - 200250 2000170269 STORM REAL ESTATE HOLDINGS 10,37603 6 5 2013 12 04 36 PM ghermane 2013 - 200249 2000170269 STORM REAL ESTATE HOLDINGS - 10,83286 6 5 2013 12 05 47 PM ghermane 2013 - 200249 2000170269 STORM REAL ESTATE HOLDINGS 8,60421 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 5 17 2013 4 01 41 PM jdunn 2012 - 92711 2000084084 VERZAAL , WILLIAM 15200 5 21 2013 7 56 16 AM cfutch 2012 - 8514 2000139459 BARTLETT MILLING COMPANY LP 4,32400 5 22 2013 2 07 21 PM jmorrow 2012 - 98893 2000062698 WOMACK , ROBERT GUY 50724 5 28 2013 9 46 17 AM blbarbour 2012 - 81868 2000020245 SINCLAIR , DONALD 14305 5 28 2013 2 09 39 PM acreech 2012 - 51357 2000040520 KIRBY , WILLIAM HENRY JR & 97361 5 29 2013 10 50 25 AM tcronan 2012 - 4206 2000079891 ANDREWS , WILLIAM R 43000 5 29 2013 3 01 44 PM acreech 2012 - 78859 2000041501 RYAN , MICHAEL LEE 77459 5 29 2013 3 03 44 PM acreech 2012 - 3449 2000043015 ALLISON , DAVID C 1,42755 6 3 2013 9 29 25 AM ONLINE 2012 - 39787 2000160721 HELME FAMILY REVOCABLE 20523 TRUST 6 3 2013 10 04 46 AM tcronan 2012 - 91342 2000131294 TRUE2FORM COLLISION 2,45485 6 3 2013 11 45 10 AM tcronan 2012 - 90679 2000113244 TORRES , EDWARD J SR 12745 6 4 2013 11 53 27 AM acreech 2012 - 82323 2000117404 SMITH , DEBORAH 35273 6 10 2013 1 43 30 PM acreech 2012 - 62980 2000115472 MITCHELL , ANTHONY 45366 6 13 2013 8 17 15 AM tcronan 2012 - 25722 2000038269 DAVIS , THOMAS R III 10000 June 21 , 2013 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 5 16 13 to 6 15 13 Tax refunds - Personal Real Property 28503 Tax releases - Personal Real Property 61067 Motor Vehicle releases refunds 6,26457 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Public Comments None PagePage pageNumber5528 July 1 , 2013 – 10 00 am Continued 4 Sheriff’s Department – Request to Surplus and Auction Vehicles Chief Deputy Bengie Gaddis requested the Board to declare the following vehicles surplus and approve for them to be sold at Public Auction on Saturday , August 17 , 2013 at 10 00 am by Randy Wester Auction Company He stated the auction would take place behind the former Johnston County Industries building located at 912 N Brightleaf Blvd in Smithfield Year Make Model VIN Mileage 2003 Chevy Tahoe 1GNEK13Z13J344717 183,921 2006 Ford Five Hundred 1FAFP24116G116866 107,969 2006 Ford Crown VIC 2FAFP71W76X119021 150,105 2008 Ford Crown VIC 2FAFP71V88X118115 152,436 2008 Ford Crown VIC 2FAFP71V58X146258 152,591 Vehicles in bold were purchased with Federal Asset Forfeiture Funds drug money Federal guidelines require that the proceeds from the sale of these vehicles be credited back to the appropriate revenue line item in the Sheriff’s Office budget , for federal auditing purposes Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board declared the vehicles listed above as surplus and approved for them to be sold at Public Auction on Saturday , August 17 , 2013 at 10 00 am by Randy Wester Auction Company behind the former Johnston County Industries building located at 912 N Brightleaf Blvd in Smithfield 5 Department of Social Services – Request to Surplus and Auction Vehicles At the request of the County Manager and the Department of Social Services , upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board declared the two vehicles listed below as surplus and approved for them to be sold at Public Auction on Saturday , August 17 , 2013 at 10 00 am by Randy Wester Auction Company behind the former Johnston County Industries building located at 912 N Brightleaf Blvd in Smithfield Year Make Model VIN Mileage 1992 Ford Van 1FBJS31H7NHB44064 123,868 2000 Ford Expedition 1FMPU16L1YLC25382 189,452 6 Emergency Services – Request to Surplus 1991 Foam Truck Fire Marshal Paul Whitehurst presented a request from Emergency Services for the Board to declare the 1991 Chevrolet Kodiac Foam Truck VIN 1GBG6H1P8MJ102724 surplus and authorize staff to transfer the ownership to the Town of Selma Fire Department with the understanding that the equipment will remain available for use by Johnston County Emergency Services and any fire department in Johnston County during times of emergencies Mr Whitehurst explained the County has jointly operated the 1991 foam truck for the past 20 years with the Selma Fire Department and it has been housed at the Selma Fire Department during that time He reported a new replacement foam truck has been purchased by the County and is now in service Mr Whitehurst stated the Selma Fire Department has requested the County to transfer ownership of the 1991 truck to them as they intend to make the 1991 equipment a support unit to the new truck Upon a question by Commissioner Tony Braswell , Mr Whitehurst confirmed that the Selma Fire Department will also house the new truck at their station along with the old 1991 unit At the inquiry of Commissioner Allen L Mims , Jr , Mr Whitehurst stated one reason the Selma Fire Department houses the equipment for the County is their close proximity to the Selma oil terminals He stated when the foam truck is needed in other areas of the County , the Selma Fire Department responds with their personnel while the area fire department provides support to the unit Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board declared the 1991 Chevrolet Kodiac Foam Truck VIN 1GBG6H1P8MJ102724 surplus and authorized staff to transfer the ownership to the Town of Selma Fire Department with the understanding that the equipment will be available for use by Johnston County Emergency Services and any fire department in Johnston County during times of emergencies PagePage pageNumber6529 July 1 , 2013 – 10 00 am Continued 7 Emergency Services – Request to Surplus Ambulance 104 EMS Division Chief Josh Holloman requested the Board to adopt a resolution declaring Ambulance 104 2001 - Ford E450 Ambulance – VIN 1FDWE35F02HA26205 as surplus and authorizing the ownership to be transferred to the Johnston Amateur Radio Society , Inc Mr Holloman reported Ambulance 104 has been out of service over the past three years due to mechanical and electrical issues Mr Holloman stated the Johnston Amateur Radio Society has asked if Johnston County would be willing to donate the ambulance to them so they can utilize it as a mobile command post for their radio system He noted the Johnston Amateur Radio Society plays an important role in the Emergency Operations Center during emergencies and disasters ; providing the County with the ability to communicate with local school shelters County Manager Rick Hester introduced Paul Dunn of the Johnston Amateur Radio Society in the audience and thanked them for their past support to the County Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution RESOLUTION Surplus and Transfer of Ambulance 104 to Johnston Amateur Radio Society , Inc WHEREAS , North Carolina General Statute 160A - 279 authorizes counties to transfer personal property to a private entity which carries out a public purpose , using the procedures set forth in North Carolina General Statute 160A - 267 ; and WHEREAS , Johnston County EMS owns a rescue vehicle known as Ambulance 104 2001 Ford E450 Ambulance VIN # 1FDWE35F02HA26205 ; and WHEREAS , Ambulance 104 is frequently out of service due to electrical issues and can no longer be safely utilized for emergency transports ; and WHEREAS , the Johnston Amateur Radio Society , Inc , is a nonprofit North Carolina corporation which carries out a public purpose ; to wit , it provides important and valuable support to Johnston County Emergency Services during emergency and disaster events by providing supplemental communications and logistical support ; and WHEREAS , Ambulance 104 is not needed by the County and is surplus property ; and WHEREAS , the Johnston Amateur Radio Society , Inc , has requested the donation of Ambulance 104 from the County to be utilized as a mobile command post for its radio system and in its support operations to Johnston County during emergency and disaster events ; and WHEREAS , the use to which the Johnston Amateur Radio Society , Inc , intends to put Ambulance 104 is a public purpose ; and WHEREAS , the Johnston County Board of Commissioners has determined that it will serve a public purpose to transfer Ambulance 104 to the Johnston Amateur Radio Society , Inc , in consideration of its commitment and promise to use Ambulance 104 in its continued support operations to Johnston County during times of emergency and disaster events NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners hereby declares Ambulance 104 2001 Ford E450 VIN # 1FDWE35F02HA26205 to be surplus and authorizes the ownership thereof to be transferred to the Johnston Amateur Radio Society , Inc , to be used in its continued support operations to Johnston County during times of emergency and disaster events BE IT FURTHER RESOLVED , that a summary of the contents of this resolution shall be published once after its adoption and no transfer shall be consummated thereunder until not less than 10 days after its publication BE IT FURTHER RESOLVED , that the County Manager is authorized to execute any instruments necessary to carry out this transaction st Adopted this the 1 day of July , 2013 8 Emergency Services – Request Approval to Sell 308 E Morgan Street Benson Property EMS Division Chief Josh Holloman reported that Johnston County EMS owns property located at 308 East Morgan Street in Benson He explained the property was actually given to Benson EMS many years ago through the Hortense Turlington Estate and the County took ownership of the property when it assumed the operations of Benson EMS The property contains a small home that is currently being rented Mr Holloman stated the upkeep and maintenance of the property is an ongoing issue and Johnston County EMS wishes to sell the property Mr Holloman requested the Board to authorize staff to move forward with selling the property by entering into a listing agreement with ReMax Signature Realty in Benson If approved , the property sale would follow the upset bid procedures as outlined by General Statutes County Manager Rick Hester spoke on the condition of the property noting it is in need of repairs and improvements PagePage pageNumber7530 July 1 , 2013 – 10 00 am Continued At the inquiry of Commissioner Cookie Pope , Director of Emergency Services Kim Robertson confirmed that the renters have been notified that the County may be selling the property At the request of Commissioner Allen L Mims , Jr staff reviewed the upset bid process with the Board County Manager Rick Hester noted once an initial offer is made , that offer will have to be accepted by the Board so the upset bid process can begin Commissioner Cookie Pope moved the Board authorize staff to move forward with selling the 308 East Morgan Street Benson Property by entering into a listing agreement with ReMax Signature Realty in Benson with the sale to be completed in accordance with upset bid procedures Commissioner Tony Braswell seconded the motion which carried unanimously 9 Public Utilities – Request to Surplus Terex Truck Solid Waste Division Manager Rick Proctor requested the Board to declare the 2006 Terex Model TA30 Articulating Dump Truck Serial # A8941172 – County Asset No 15026 as surplus and approve for it to be used as a trade - in allowance on the new articulating dump truck that is being purchased to replace this unit through State Contract purchasing procedures Mr Proctor noted that funds were budgeted for the replacement unit and staff is in the process of completing that purchase Upon questions by Commissioners Tony Braswell and Allen L Mims , Jr , Mr Proctor stated the replacement truck is a Caterpillar model the same size as the current truck He stated the vendor is allowing 55,000 for the trade in Commissioner Tony Braswell moved the Board declare the 2006 Terex Model TA30 Articulating Dump Truck Serial # A8941172 – County Asset No 15026 surplus and approve for it to be used as a trade - in allowance on the new articulating dump truck that is being purchased to replace this unit through State Contract purchasing procedures Commissioner Cookie Pope seconded the motion which carried unanimously 10 Finance – Resolutions for 2013 General Obligation Bond Referendum Debt and Grant Management Analyst Martha Lasater reviewed the request with the Board for adoption of resolutions relating to the proposed 57,000,000 General Obligation School Bond and 7,000,000 General Obligation Community College Bond referendum She stated for each bond purpose there is one resolution introducing the official Bond Order which describes the purpose and nature of the bonds and acknowledges the filing of a Sworn Statement of Debt for public inspection with the Clerk ; and one resolution calling a public hearing for the August 5 , 2013 10 00 am meeting on the respective Bond Order The following Bond Orders and resolutions were discussed and their titles read BOND ORDER AUTHORIZING THE ISSUANCE OF 7,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF COMMUNITY COLLEGE FACILITIES WHEREAS , the Board of Commissioners of Johnston County the “ Board ” has decided to pursue the issuance of general obligation community college bonds in the maximum aggregate principal amount of 7,000,000 under the Local Government Bond Act the “ Act ” to finance , in part , the acquisition , construction , installation and equipping of modifications , renovations , additions , improvements and extensions to existing community college facilities and or one or more new buildings , plants or other community college facilities for Johnston Community College including , without limitation , the acquisition of land , easements and rights - of - way ; and WHEREAS , the Board has filed an application with the Local Government Commission of North Carolina for approval of such bonds as required by the Act ; BE IT ORDERED by the Board of Commissioners for the County of Johnston , North Carolina 1 Pursuant to The Local Government Bond Act , as amended , the County of Johnston , North Carolina , is hereby authorized to issue general obligation bonds of Johnston County for the purpose of providing funds , together with any other available funds , to finance the acquisition , construction , installation andPagePage pageNumber8531 July 1 , 2013 – 10 00 am Continued equipping of modifications , renovations , additions , improvements and extensions to existing community college facilities and or one or more new buildings , plants or other community college facilities for Johnston Community College including , without limitation , the acquisition of land , easements and rights - of - way 2 The bonds shall be in an aggregate principal amount not to exceed 7,000,000 3 The bonds shall be general obligations of Johnston County for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged and taxes will be levied in an amount sufficient to pay the principal of and interest on the bonds 4 A sworn statement of debt shall be filed with the Clerk to the Board of Commissioners pursuant to NCGS § 159 - 55 and be open to public inspection 5 This Bond Order shall take effect when approved by the voters of Johnston County RESOLUTION CALLING FOR PUBLIC HEARING ON 7,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS , PROVIDING FOR NOTICE OF SUCH HEARING AND PUBLICATION OF BOND ORDER AS INTRODUCED WHEREAS , there has been introduced by the Board of Commissioners of Johnston County a Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF 7,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF COMMUNITY COLLEGE FACILITIES ” ; and WHEREAS , NCGS § 159 - 54 provides there shall be a public hearing on the Bond Order and NCGS § 159 - 56 provides for publication of the Bond Order as introduced ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners for the County of Johnston , North Carolina 1 A public hearing on the Bond Order shall be held at 10 00 am , or as soon thereafter as the hearing can be held , in the Commissioners ’ Meeting Room of the Johnston County Courthouse Annex , Smithfield , North Carolina on August 5 , 2013 2 The Clerk to the Board of Commissioners shall cause the Bond Order , with a statement appended in form described by NCGS § 159 - 56 , to be published in The Smithfield Herald 3 Either of the County Manager or the Director of Finance is hereby designated to file the statement of debt required by NCGS § 159 - 55 4 The completed form of application to the Local Government Commission with respect to the proposed bonds is hereby approved 5 This resolution shall take effect immediately BOND ORDER AUTHORIZING THE ISSUANCE OF 57,000,000 GENERAL OBLIGATION SCHOOL BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF SCHOOL FACILITIES WHEREAS , the Board of Commissioners of Johnston County the “ Board ” has decided to pursue the issuance of general obligation school bonds in the maximum aggregate principal amount of 57,000,000 under the Local Government Bond Act the “ Act ” to finance , in part , the acquisition , construction and equipping of modifications , renovations , additions , improvements and extensions to existing facilities and or one or more new buildings or other school facilities for Johnston County public schools , including acquisition of necessary land and rights - of - way ; and WHEREAS , the Board has filed an application with the Local Government Commission of North Carolina for approval of such bonds as required by the Act ; BE IT ORDERED by the Board of Commissioners for the County of Johnston , North Carolina 1 Pursuant to The Local Government Bond Act , as amended , the County of Johnston , North Carolina , is hereby authorized to issue general obligation bonds of Johnston County for the purpose of providingPagePage pageNumber9532 July 1 , 2013 – 10 00 am Continued funds , together with any other available funds , to finance the acquisition , construction and equipping of modifications , renovations , additions , improvements and extensions to existing facilities and or one or more new buildings or other school facilities for Johnston County public schools , including acquisition of necessary land and rights - of - way 2 The bonds shall be in an aggregate principal amount not to exceed 57,000,000 3 The bonds shall be general obligations of Johnston County for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged and taxes will be levied in an amount sufficient to pay the principal of and interest on the bonds 4 A sworn statement of debt shall be filed with the Clerk to the Board of Commissioners pursuant to NCGS § 159 - 55 and be open to public inspection 5 This Bond Order shall take effect when approved by the voters of Johnston County RESOLUTION CALLING FOR PUBLIC HEARING ON 57,000,000 GENERAL OBLIGATION SCHOOL BONDS , PROVIDING FOR NOTICE OF SUCH HEARING AND PUBLICATION OF BOND ORDER AS INTRODUCED WHEREAS , there has been introduced by the Board of Commissioners of Johnston County a Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF 57,000,000 GENERAL OBLIGATION SCHOOL BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF SCHOOL FACILITIES ” ; and WHEREAS , NCGS § 159 - 54 provides there shall be a public hearing on the Bond Order and NCGS § 159 - 56 provides for publication of the Bond Order as introduced ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners for the County of Johnston , North Carolina 1 A public hearing on the Bond Order shall be held at 10 00 am , or as soon thereafter as the hearing can be held , in the Commissioners ’ Meeting Room of the Johnston County Courthouse Annex , Smithfield , North Carolina on August 5 , 2013 2 The Clerk to the Board of Commissioners shall cause the Bond Order , with a statement appended in form described by NCGS § 159 - 56 , to be published in The Smithfield Herald 3 Either of the County Manager or the Director of Finance is hereby designated to file the statement of debt required by NCGS § 159 - 55 4 The completed form of application to the Local Government Commission with respect to the proposed bonds is hereby approved 5 This resolution shall take effect immediately Finance Director Chad M McLamb filed the sworn statement of debt with the Clerk to the Board pursuant to NCGS § 159 - 55 Commissioner Allen L Mims , Jr moved the passage of the foregoing resolutions and Commissioner Cookie Pope seconded the motion , and the resolutions were passed by the following vote Ayes Commissioners Jeffrey P Carver , Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , and Chad M Stewart Nays None Not Voting Commissioner Ted G Godwin absent 11 Finance – Resolutions for Public Utilities Debt RefinancingPage0533 July 1 , 2013 – 10 00 am Continued Debt and Grant Management Analyst Martha Lasater reviewed with the Board resolutions regarding the refinancing of a portion of the Public Utilities debt Ms Lasater outlined the resolutions and noted that the Board will need to sit as the Water District Boards for a portion of the resolutions As Johnston County Board The Chairman introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION APPROVING REFINANCING OF CERTAIN EXISTING OBLIGATIONS OF THE COUNTY AND OF VARIOUS WATER DISTRICTS CREATED BY THE COUNTY IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 80,000,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF CERTIFICATES OF PARTICIPATION AND OR LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS , the Board of Commissioners desires to approve a proposed plan of refinancing in an aggregate principal amount of up to 80,000,000 , which plan would involve the entry by the County into one or more installment financing contracts with the Johnston County Finance Corporation the “ Corporation ” pursuant to North Carolina General Statutes 160A - 20 , as amended , the proceeds of which would be used i to refinance all or a portion of one or more installment financing contracts previously executed and delivered by the County the “ Prior County Contracts ” , ii to refinance all or a portion of one or more installment financing contracts the “ Prior District Contracts ” previously executed and delivered by certain water districts created by the County collectively , the “ Districts ” through the purchase by the County of one or more refunding installment financing contracts to be executed and delivered by one or more of said Districts the “ District Refunding Contracts ” , and iii to refinance all or a portion of general obligation bonds the “ Prior District Bonds ” previously issued by one or more of said Districts through the purchase by the County of refunding general obligation bonds to be issued by one or more of said Districts the “ District Refunding Bonds ” , and under said one or more installment financing contracts the County would secure the repayment by the County of the moneys advanced pursuant to such one or more installment financing contracts by granting a security interest in and lien on all or some portion of the District Refunding Contracts , the District Refunding Bonds and , if required , by all or some portion of the projects financed by the Prior County Contracts , the Prior District Contracts or the Prior District Bonds or in all or some portion of the real property on which such projects are located ; WHEREAS , as part of said proposed plan of refinancing , the Corporation will execute and deliver one or more series of Limited Obligation Bonds and or Certificates of Participation in said one or more installment financing contracts in an aggregate principal amount not exceeding 80,000,000 to finance the advancement of moneys to the County pursuant to said one or more installment financing contracts between the County and the Corporation ; and WHEREAS , there have been submitted to this meeting draft forms of the following documents the “ Financing Documents ” with respect to the refinancing of the Prior County Contracts , the Prior District Bonds , the Prior District Contracts and the related projects 1 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Contract ” , between the County and the Corporation as counterparty , pursuant to which the Corporation will advance moneys to the County to refinance the Prior County Contracts , purchase the District Refunding Bonds and the District Refunding Contracts in order to refinance the Prior District Bonds and the Prior District Contracts , respectively , and the related projects , and the County agrees to make periodic installment payments the “ Installment Payments ” to repay the moneys so advanced , with interest ; 2 a Deed of Trust , Security Agreement and Fixture Filing the “ Deed of Trust ” , proposed to be dated on or about July 1 , 2013 , among the County as Grantor , the Corporation as Beneficiary and the trustee named therein , by which the County would secure its obligations to the Corporation under the Contract ; 3 an Indenture of Trust , proposed to be dated on or about July 1 , 2013 the “ Trust Indenture ” , between the Corporation and the trustee named therein , as trustee the “ Trustee ” , pursuant to which there are to be executed and delivered from time to time Certificates of Participation and or Limited Obligation Bonds , including the Certificates of Participation and or Limited Obligation Bonds County of Johnston , North Carolina Installment Financing Contract , Series 2013 the “ 2013 Certificates ” and or “ 2013 LOBs ” , the proceeds of which will be used to advance the moneys to the County under the Contract ; 4 a form of District Refunding Bond , to be dated the date of delivery thereof , to be issued by each participating District to the County ;Page1534 July 1 , 2013 – 10 00 am Continued 5 a form of District Refunding Contract between the County and each participating District , to be dated the date of delivery thereof , to be executed and delivered by the County and each participating District ; 6 a Preliminary Official Statement , proposed to be dated on or about July 9 , 2013 the “ Preliminary Official Statement ” which , as supplemented with certain pricing and other permitted omitted information , is to be the Official Statement proposed to be dated on or about July 19 , 2013 the “ Official Statement ” , pursuant to which the 2013 Certificates and or LOBs are to be offered and sold to the public ; and 7 a Contract of Purchase , including the exhibits attached thereto , proposed to be dated on or about July 19 , 2013 the “ Purchase Contract ” between the Corporation and RW Baird & Co , on its own behalf and as representative of the other underwriters if any named therein collectively , the “ Underwriters ” , pursuant to which the Underwriters agree to purchase the 2013 Certificates and or LOBs for sale to the public ; WHEREAS , the obligations of the County to make Installment Payments and other payments pursuant to the Contract shall constitute limited obligations of the County payable solely from currently budgeted appropriations of the County and shall not constitute a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation ; WHEREAS , no deficiency judgment may be rendered against the County in any action for breach of a contractual obligation under the Contract , and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract ; and WHEREAS , the Board of Commissioners desires to approve the Financing Documents and to authorize other actions in connection therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , as follows Section 1 All actions taken by or on behalf of the County to date to effectuate the proposed plan of refinancing , including the selection of the Underwriters and Nexsen Pruet , LLC , as special counsel or bond counsel , are hereby ratified , approved and authorized pursuant to and in accordance with the transactions contemplated by the Financing Documents Section 2 The refinancing of the Prior County Contracts , the purchase of the District Refunding Bonds and the District Refunding Contracts , and the granting of security interests in the District Refunding Bonds , the District Refunding Contracts , and in the projects financed with the Prior County Contracts , all as provided in the Financing Documents referenced in this Resolution , are hereby ratified and approved Section 3 Each of the Contract , the Purchase Contract , the Deed of Trust and the District Refunding Contracts is hereby approved in substantially the form submitted to this meeting , and each of the Chairman of the Board of Commissioners and the County Manager is hereby authorized to execute and deliver each of those documents in the name and on behalf of the County , with such changes , insertions or omissions as the persons executing such documents may approve , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2013 Certificates and or LOBs , their execution and delivery thereof to constitute conclusive evidence of such approval The County Clerk is hereby authorized to affix the seal of the County to each of said documents as may be appropriate and to attest to the same Section 4 The Trust Indenture including the form of 2013 Certificate and or LOB and the District Refunding Bonds is hereby approved in substantially the form submitted to this meeting , with such changes , insertions or omissions as appropriate , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2013 Certificates and or LOBs , as the representative s of the County executing the Contract may approve , the execution and delivery of the Contract to constitute conclusive evidence of such approval The Board of Commissioners hereby approves the sale of the 2013 Certificates and or LOBs by the Corporation in an aggregate principal amount not in excess of the amount of moneys to be advanced to the County pursuant to the Contract Section 5 Each of the Preliminary Official Statement and the Official Statement , in substantially the form of the Preliminary Official Statement submitted to this meeting , is hereby approved in substantially such form , with such changes , insertions and omissions as appropriate , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2013 Certificates and or LOBs , and the use thereof by the Underwriters in connection with the public offering and sale of the 2013 Certificates and or LOBs is hereby authorized Each of the Chairman of the Board of Commissioners or the County Manager is hereby authorized to execute and deliver in the name and on behalf of the County the final Official Statement in substantially such form , with such changes , insertions and omissions , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2013 Certificates and or LOBs , as the person executing the final Official Statement may approve , the execution and delivery thereof to constitute conclusive evidence of such approval Section 6 Each of the Chairman of the Board of Commissioners , the County Manager and the Director of Finance are authorized to approve all details of the refinancing of the Prior County Contracts and the purchase of the District Refunding Bonds and the District Refunding Contract in order to refinance the Prior District Bonds , the Prior District Contracts and the related projects , including , without limitation , the amount advanced under the Contract and the aggregate principal amount of the 2013 Certificates and or LOBs which shall not exceed 80,000,000 , the maturities , the principal amounts and the interest amounts of the InstallmentPage2535 July 1 , 2013 – 10 00 am Continued Payments and the 2013 Certificates and or LOBs , which interest amounts calculated with respect to the 2013 Certificates and or LOBs shall not exceed ___ per annum on an effective interest cost basis , the prepayment terms and prices which shall not exceed 103 of the principal amount being prepaid and the Underwriters ’ discount exclusive of any original issue discount which shall not exceed 20 of the principal amount of the 2013 Certificates and or LOBs Execution of the Contract by the Chairman of the Board of Commissioners or the County Manager shall conclusively evidence such approval of all such details of said financing Section 7 The Chairman of the Board of Commissioners , the County Manager , the Director of Finance and the County Attorney are hereby authorized to take any and all such further action , including approval of modifications to the Financing Documents , and to execute and deliver for and on behalf of the County such other documents and certificates including , without limitation , agreements with securities depositories , financing statements , purchase contracts for the District Refunding Bonds and or District Refunding Contracts , appropriate tax certificates and agreements and other documents and agreements including repurchase agreements relating to the investment of the proceeds from the execution and delivery of the Contract as they may deem necessary or advisable to carry out the intent of this resolution and to effect the refinancing pursuant to the Contract and the other Financing Documents The County Clerk is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attest to the same and to execute and deliver the same as may be needed In addition , said officers are hereby authorized to cooperate with the Underwriters in preparing and filing such filings under state securities or “ blue sky ” laws including special consents to service of process as the Underwriters may request and as the Chairman of the Board of Commissioners , the County Manager or the Director of Finance shall determine Section 8 The County covenants that , to the extent permitted by the Constitution and laws of the State of North Carolina , it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986 , as amended the “ Code ” , in order to assure that interest paid with respect to the 2013 Certificates and or LOBs will not be includable in the gross income of the owners thereof for purposes of federal income taxation , except to the extent that the County obtains an opinion of bond counsel to the effect that noncompliance would not result in interest with respect to the 2013 Certificates and or LOBs being includable in the gross income of the owners of the 2013 Certificates and or LOBs for purposes of federal income taxation Section 9 This Resolution shall become effective immediately upon its adoption Thereupon , upon motion of Commissioner Tony Braswell , seconded by Commissioner Cookie Pope , the foregoing resolution entitled “ RESOLUTION APPROVING REFINANCING OF CERTAIN EXISTING OBLIGATIONS OF THE COUNTY AND OF VARIOUS WATER DISTRICTS CREATED BY THE COUNTY IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 80,000,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF CERTIFICATES OF PARTICIPATION AND OR LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS ” was passed by the following vote Ayes Commissioners Jeffrey P Carver , Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , and Chad M Stewart Noes None Not Voting Commissioner Ted G Godwin absent As Water District Boards Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried unanimously , the Board voted to sit simultaneously as the following water districts Archer’s Lodge , Brogden , Buffalo , Clayton , Cleveland , Elevation , Hopewell - Pisgah , Ingrams Township , Little Creek , Little River , McGee’s Crossroads , Meadow , Oneal’s , Princeton - Kenly and Wilson’s Mills Water District The Chairman introduced the following orders and resolutions , summaries of which had been provided to each Commissioner , copies of which were available with the Clerk to the Board and read by title RESOLUTION APPROVING REFINANCING OF CERTAIN EXISTING OBLIGATIONS OF VARIOUS WATER DISTRICTS CREATED BY THE COUNTY ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS , the Board of Commissioners desires to approve a proposed plan of refinancing of all or a portion of one or more installment financing contracts previously executed and delivered by one or more of the Districts the “ Prior District Contracts ” , which plan of refinancing would involve the purchase by the County of aPage3536 July 1 , 2013 – 10 00 am Continued refunding installment financing contract to be executed and delivered pursuant to North Carolina General Statutes 160A - 20 , as amended , by a participating District individually , a “ District Refunding Contract ” and , collectively , the “ District Refunding Contracts ” , and under it’s respective District Refunding Contract the participating District would secure the repayment by said District of the moneys advanced pursuant to such District’s District Refunding Contract by granting a security interest in all or some portion of the property financed by the Prior District Contract s of said District ; and WHEREAS , there have been submitted to this meeting draft forms of the following documents collectively , the “ District Refunding Contracts ” with respect to the refinancing of the Prior District Contracts 1 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Archer’s Lodge Contract ” , between the Archer’s Lodge Water District and the County as counterparty , pursuant to which the County will advance moneys to the Archer’s Lodge Water District to refinance the Prior District Contracts described in the Archer’s Lodge Contract , and the Archer’s Lodge Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 2 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Brogden Contract ” , between the Brogden Water District and the County as counterparty , pursuant to which the County will advance moneys to the Brogden Water District to refinance the Prior District Contract described in the Brogden Contract , and the Brogden Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 3 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Buffalo Contract ” , between the Buffalo Water District and the County as counterparty , pursuant to which the County will advance moneys to the Buffalo Water District to refinance the Prior District Contract described in the Buffalo Contract , and the Buffalo Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 4 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Clayton Contract ” , between the Clayton Water District and the County as counterparty , pursuant to which the County will advance moneys to the Clayton Water District to refinance the Prior District Contract described in the Clayton Contract , and the Clayton Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 5 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Cleveland Contract ” , between the Cleveland Water District and the County as counterparty , pursuant to which the County will advance moneys to the Cleveland Water District to refinance the Prior District Contract described in the Cleveland Contract , and the Cleveland Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 6 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Hopewell - Pisgah Contract ” , between the Hopewell - Pisgah Water District and the County as counterparty , pursuant to which the County will advance moneys to the Hopewell - Pisgah Water District to refinance the Prior District Contracts described in the Hopewell - Pisgah Contract , and the Hopewell - Pisgah Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 7 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Ingram’s Township Contract ” , between the Ingram’s Township Water District and the County as counterparty , pursuant to which the County will advance moneys to the Ingram’s Township Water District to refinance the Prior District Contracts described in the Ingram’s Township Contract , and the Ingram’s Township Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 8 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Little Creek Contract ” , between the Little Creek Water District and the County as counterparty , pursuant to which the County will advance moneys to the Little Creek Water District to refinance the Prior District Contract described in the Little Creek Contract , and the Little Creek Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 9 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ McGee’s Crossroad Contract ” , between the McGee’s Crossroad Water District and the County as counterparty , pursuant to which the County will advance moneys to the McGee’s Crossroad Water District to refinance the Prior District Contract described in the McGee’s Crossroad Contract , and the McGee’s Crossroad Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 10 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Meadow Contract ” , between the Meadow Water District and the County as counterparty , pursuant to which the County will advance moneys to the Meadow Water District to refinance the Prior District Contract described in the Meadow Contract , and the Meadow Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 11 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ O’Neals Contract ” , between the O’Neals Water District and the County as counterparty , pursuant to which the County will advance moneys to the O’Neals Water District to refinance the Prior District Contract described in the O’Neals Contract , and the O’Neals Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; 12 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Princeton - Kenly Contract ” , between the Princeton - Kenly Water District and the County as counterparty , pursuant to which thePage4537 July 1 , 2013 – 10 00 am Continued County will advance moneys to the Princeton - Kenly Water District to refinance the Prior District Contract described in the Princeton - Kenly Contract , and the Princeton - Kenly Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; and 13 an Installment Financing Contract , proposed to be dated on or about July 1 , 2013 the “ Wilson’s Mills Contract ” , between the Wilson’s Mills Water District and the County as counterparty , pursuant to which the County will advance moneys to the Wilson’s Mills Water District to refinance the Prior District Contract described in the Wilson’s Mills Contract , and the Wilson’s Mills Water District agrees to make periodic installment payments to the County to repay the moneys so advanced , with interest ; WHEREAS , the obligations of a District to make installment payments and other payments pursuant to such District’s District Refunding Contract shall constitute limited obligations of such District payable solely from currently budgeted appropriations of such District and shall not constitute a pledge of the faith and credit of such District within the meaning of any constitutional debt limitation ; WHEREAS , each District has granted a security interest in certain water capacity contracts of such District as security for its obligations under its District Refunding Contract ; WHEREAS , no deficiency judgment may be rendered against a District in any action for breach of a contractual obligation under such District’s District Refunding Contract , and the taxing power of such District is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under such District’s District Refunding Contract ; and WHEREAS , the Board of Commissioners , acting as the governing body of each of the Districts , desires to approve the District Refunding Contracts and to authorize other actions in connection therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , acting as the governing body of each of the Districts , as follows Section 1 All actions taken by or on behalf of the County or any of the Districts to date to effectuate the proposed plan of refinancing , including the selection of Nexsen Pruet , LLC , as special counsel or bond counsel , are hereby ratified , approved and authorized pursuant to and in accordance with the transactions contemplated by the District Refunding Contracts Section 2 The refinancing of the Prior District Contracts , and the granting of security interests in all or a portion of the property financed thereby , all as provided in the respective District Refunding Contracts referenced in this Resolution , are hereby ratified and approved Section 3 Each of the District Refunding Contracts is hereby approved in substantially the form submitted to this meeting , and each of the Chairman of the Board of Commissioners , the County Manager or the Director of Finance is hereby authorized to execute and deliver each of those documents in the name and on behalf of the respective Districts , with such changes , insertions or omissions as the persons executing such documents may approve , their execution and delivery thereof to constitute conclusive evidence of such approval The County Clerk is hereby authorized to affix the seal of the County to each of said documents as may be appropriate and to attest to the same Section 4 Each of the Chairman of the Board of Commissioners , the County Manager and the Director of Finance are authorized to approve all details of the District Refunding Contracts and the refinancing of the Prior District Contracts , including , without limitation , the amount advanced under each respective District Refunding Contract and the aggregate principal amount thereof , the maturities , the principal amounts and the interest amounts of the installment payments under each District Refunding Contract , which interest amount under any District Refunding Contract shall not exceed ___ per annum on an effective interest cost basis , and the prepayment terms and prices of each District Refunding Contract which shall not exceed 103 of the principal amount being prepaid Execution of a District Refunding Contract by the Chairman of the Board of Commissioners , the County Manager or the Director of Fin