May 5, 2014 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 1 Meeting of the Johnston County Board of Commissioners May 5 , 2014 10 00 am The Johnston County Board of Commissioners met in regular session Monday , May 5 , 2014 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 , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney 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 Chad M Stewart 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 Allen L Mims , Jr , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – April 7 , 2014 10 00 am and 6 00 pm B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Unity Drive – Unity Forest Subdivision – Meadow Township C Call for Public Hearing – Proposed County Budget for FY 2014 - 2015 The Board scheduled a public hearing for the June 2 , 2014 10 00 am meeting on the proposed budget for FY 2014 - 2015 D Town of Kenly – Appointment to Board of Adjustment and Planning Board Per the request of the Town of Kenly , the Board appointed Chris Coates of Kenly , North Carolina to the Kenly Board of Adjustment and Kenly Planning Board representing the ETJ area of the Town for a three year term beginning on July 1 , 2014 E Tax Releases & Refunds – 03 16 2014 – 04 15 2014 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2012 1305 - 547823 1302 - 571358 FINGAR , DORRACE ANN Overpayment 26360 2013 1307 - 574736 1304 - 598208 DIENHART , CONNIE BAILEY Overpayment 11648 2012 1304 - 541069 1301 - 552525 DRIVER , HOWARD CHAD Release 10833 2013 1308 - 596348 1305 - 615458 BATTEN , JIMMY COLIN Overpayment 16906 2013 1309 - 611529 1306 - 629465 JONES , CASEY ALLEN Overpayment 16664 2011 1205 - 387571 1202 - 403153 DAVIS , DAVID DERRELL Overpayment 11258 2012 1302 - 511249 1211 - 533487 THOMPSON , KELLI EILEEN Overpayment 12594 2012 1303 - 530116 1212 - 537068 MARTINEZ , JORGE ARTURO ZAPATA Overpayment 15033 2013 1403 - 648546 1312 - 670575 WHITE , STANLEY ARNOLD Release 17630 2012 1305 - 547869 1302 - 561196 FUENTEZ , RAFAEL CABALLERO Overpayment 11428 2013 1312 - 647478 1310 - 669577 HUDGINS , SHARON DENESE Overpayment 22854 Page2 May 5 , 2014 – 10 00 am Continued 2012 1305 - 550180 1302 - 563032 LEWIS , MARLON CURTIS Overpayment 12610 2012 1305 - 557671 1301 - 572825 DAVIS , DAVID DERRELL Overpayment 19837 2012 1305 - 558052 1302 - 566353 REDDIN , JOSHUA WAYNE Overpayment 29568 2012 1306 - 563993 1303 - 587106 CONSUELO , SANTIAGO Overpayment 11077 2012 1305 - 552810 1302 - 565542 ANDERSON , KAY Overpayment 20045 2013 1312 - 647985 1310 - 669565 BRISTOW , ALFONSO Overpayment 10280 2013 1308 - 599588 1305 - 613566 HARRIS , CHRISTOPHER ARNESS Overpayment 14014 2013 1310 - 618116 1308 - 647010 ANDREWS , TASHA ANTOINETTE Overpayment 11978 2013 1310 - 619079 1308 - 645778 GODINEZ , JOSE LUIS Overpayment 12804 2013 1310 - 625565 1308 - 642824 BREWER , MICHELE DEANN Overpayment 15871 2013 1307 - 581486 1304 - 596666 HICKS , DENELLE LOUISE Overpayment 24094 2012 1305 - 558354 1302 - 567583 GERGIS , HOWARD ROBERT Overpayment 21441 2008 0902 - 886435 0811 - 996148 PARKER , MARION BENJAMIN Overpayment 11151 2013 1310 - 622800 1308 - 644560 LEE , LANEACE RENEE Overpayment 19231 2013 1308 - 597358 1305 - 607602 FERRIERE , JOSHUA JAMES Release 12408 2013 1403 - 648552 1312 - 670689 BORTNER , LEANNE MAREE Release 10089 2013 1312 - 646615 1309 - 667997 MOORE , ADRIAN KEITH Overpayment 19410 2013 1307 - 582282 1304 - 597826 HODGE , CARRIE LYNN Overpayment 11915 2012 1306 - 561195 1303 - 585225 CAB EAST LLC Tag Surrender 11663 2013 1307 - 575683 1304 - 597369 ANCION , SAMMY SHANE Overpayment 16067 2013 1310 - 625785 1308 - 637712 OCAMPO LOZANO , ARELI SONALI Overpayment 11157 2013 1309 - 606923 1306 - 629494 ALLEN , REBECCA CHERYL Overpayment 10426 2013 1309 - 607533 1306 - 629334 NEIGHBORS , KAREN ELLIOTT Overpayment 15281 2013 1307 - 585969 1304 - 599609 PEREIRA , ERNESTINA Overpayment 18200 2013 1311 - 644380 1308 - 656956 RAIFORD , LAGUANA HOLDER Overpayment 12456 2013 1311 - 642331 1308 - 662473 GATLIN , IV , JAMES LEONARD Overpayment 25391 2013 1309 - 610627 1306 - 627267 INGRAM , JOHN MATTHEW Release 13527 2013 1307 - 586220 1304 - 600256 SHAVER , TRAVIS LEE Overpayment 13163 2013 1311 - 635935 1308 - 657362 MCDONALD , ERIC SHERAN Overpayment 38676 2011 1201 - 335005 1110 - 351422 MURPHY , CAROL WALTERS Overpayment 29963 2013 1308 - 594132 1305 - 618688 CRISAFULLI , DAVID MICHAEL Tag Surrender 20024 2013 1312 - 646956 1309 - 668714 LITER , KATHRYN ANNE Release 17671 2013 1309 - 608618 1306 - 632059 LOVETT , JR , WARREN CLAY Overpayment 29590 2013 1310 - 627449 1308 - 648616 BRUNSON , DETRIUS LASHAUNDA Overpayment 26626 2013 1307 - 578886 1304 - 598845 HANSLEY , JUDY STEPHENSON Overpayment 14010 2013 1309 - 608618 1306 - 632059 LOVETT , JR , WARREN CLAY Void Refund 29590 2013 1310 - 627449 1308 - 648616 BRUNSON , DETRIUS LASHAUNDA Void Refund 26626 2013 1307 - 578886 1304 - 598845 HANSLEY , JUDY STEPHENSON Void Refund 14010 2013 1309 - 608618 1306 - 632059 LOVETT , JR , WARREN CLAY Overpayment 29590 2013 1310 - 627449 1308 - 648616 BRUNSON , DETRIUS LASHAUNDA Overpayment 26626 2013 1307 - 578886 1304 - 598845 HANSLEY , JUDY STEPHENSON Overpayment 14010 2013 1307 - 586161 1304 - 604705 SANDERS , FLOYD ENNIS Overpayment 36412 2012 1306 - 572828 1303 - 581887 MORROW , KIRBY RAY Overpayment 19383 2012 1306 - 571760 1303 - 587409 SMITH , JR , WILBERT LEON Release 14435 2013 1307 - 586603 1304 - 604711 BUTLER , CHERYL MOORE Overpayment 10237 2012 1305 - 554977 1302 - 561550 MCCAIN , CARLOS DEON Overpayment 15637 2012 1305 - 554978 1302 - 572292 MCCAIN , CARLOS DEON Overpayment 22354 2012 1306 - 559725 1303 - 582667 CURTIS , CHARLES KEITH Overpayment 13632 2012 1306 - 566430 1302 - 589130 BIANCHI , ANTHONY JOHN Overpayment 23012 2012 1306 - 569258 1303 - 575009 ESCOBAR , BEATRIZ MENDEZ Overpayment 17465 2012 1306 - 570175 1303 - 587942 WATSON , SHAUNDRELLE STANICE Overpayment 54669 2012 1306 - 570362 1303 - 585653 BAKER , MICHAEL MATTHEW Overpayment 21611 2012 1306 - 571320 1303 - 586924 MCKOY , TERRY MAURICE Overpayment 14836 2013 1307 - 576651 1304 - 598230 GRACE , BRIAN THOMAS Overpayment 13920 2013 1307 - 581081 1304 - 603763 SCOTT , HOWARD KEVIN Overpayment 20318 2013 1307 - 585044 1304 - 602418 BLATT , DAVID WAYNE Overpayment 23731 2013 1308 - 600277 1305 - 612176 SMITH - AUSTIN , GLORIA WILLIAMS Overpayment 13096 2013 1309 - 604131 1306 - 631727 AUTRY , MELISSA LYNN Overpayment 10100 2013 1309 - 604215 1306 - 634081 BELL , GERTIE MAE Overpayment 32434 2013 1309 - 609157 1306 - 634662 VELASQUEZ , RONY JOEL CASTRO Overpayment 13744 2013 1309 - 609841 1306 - 629002 JOHNSON , MICHAEL SCOTT Overpayment 35829 2013 1309 - 611303 1306 - 628533 POPE , CHARLES LINWOOD Overpayment 11992 2013 1309 - 612991 1306 - 623643 WILDER , III , JOSEPH Overpayment 10844 2013 1310 - 618495 1308 - 649342 CAPPARA , JAMES MICHAEL Overpayment 18597 2013 1310 - 621245 1308 - 649452 DEESE , RANDY LEE Overpayment 23964 2013 1310 - 626658 1308 - 644805 LEE , TONYA SHAWN Overpayment 10478 2013 1311 - 632855 1308 - 659825 BUNN , ANGELA BAGWELL Overpayment 12030 2013 1311 - 635650 1308 - 660682 ENNIS , ELLEN MARTIN Overpayment 23218 Page3 May 5 , 2014 – 10 00 am Continued 2013 1311 - 638925 1308 - 659463 THOMAS , CENTRELL LEVON Overpayment 12231 2013 1311 - 640204 1308 - 659262 HILL , DENISE ROSE Overpayment 10521 2013 1311 - 640441 1308 - 661561 WIGGS , KATHY ROGERS Overpayment 10075 2013 1311 - 642620 1308 - 662735 LANE , JOHN BRYANT Overpayment 16843 2013 1311 - 632855 1308 - 659825 BUNN , ANGELA BAGWELL Void Refund 12030 2013 1308 - 601809 1305 - 614581 PLEASANT , MARTY DELEAN Overpayment 12911 2013 1307 - 583206 1304 - 597518 FIELDS , JOHNATHAN TRACY Overpayment 16906 2013 1308 - 589510 1305 - 616477 MASSENGILL , SHEILA RENEE Overpayment 11800 2013 1307 - 585250 1304 - 600646 DAVIS , SHERON MCCOY Overpayment 10411 2013 1307 - 586220 1304 - 600256 SHAVER , TRAVIS LEE Overpayment 12349 2013 1307 - 583986 1304 - 599466 ELLIS , CHRISTOPHER SHAMONTI Overpayment 10000 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 25 2014 10 04 51 AM ghermane 2013 - 10202 2000146837 BLACKMON CONTRACTING INC 5,70471 3 25 2014 10 30 05 AM ghermane 2013 - 83482 2000148367 SOUTHERN COMFORT INTERIORS 14253 3 31 2014 8 15 46 AM ghermane 2014 - 200308 2000176551 SUNSHINE PEDIATRICS INC 56034 3 31 2014 8 17 05 AM ghermane 2014 - 200310 2000176551 SUNSHINE PEDIATRICS INC 30399 3 31 2014 12 34 42 PM cfutch 2013 - 202011 2000173931 CAROLINA DERMATOLOGY & 35888 3 31 2014 12 39 02 PM cfutch 2013 - 202008 2000173931 CAROLINA DERMATOLOGY & 46200 3 31 2014 12 41 44 PM cfutch 2013 - 202009 2000173931 CAROLINA DERMATOLOGY & 42413 3 31 2014 12 44 19 PM cfutch 2013 - 202010 2000173931 CAROLINA DERMATOLOGY & 39150 4 3 2014 9 08 13 AM ghermane 2013 - 65898 2000038107 NORRIS , KENNETH 19365 4 3 2014 11 15 18 AM ghermane 2013 - 81390 2000149906 SIGNS ONE INC 11399 4 8 2014 3 00 21 PM ghermane 2013 - 102322 2000170152 POPEYES GAS AND GRILL LLC 1,20101 4 9 2014 3 59 09 PM ghermane 2013 - 45273 2000163930 JOE HARDEE LANDS SVC INC 84957 4 14 2014 8 11 54 AM ghermane 2013 - 102648 2000171422 BROWN , ROGER T 21296 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 3 17 2014 8 35 50 AM blbarbour 2013 - 26143 2000123795 DODGE , CHARLES R 62204 3 26 2014 2 08 55 PM LOCKBOX 2013 - 16975 2000167303 CARROLL , RONALD WAYNE 98367 3 27 2014 1 17 12 PM astancil 2013 - 89891 2000145354 TILGHMAN , YVONNE H 49798 4 7 2014 2 14 43 PM LOCKBOX 2013 - 85976 2000111472 STEWART , FLOYD W 1,43289 4 11 2014 2 52 01 PM LOCKBOX 2013 - 55973 2000060538 LONGMIRE , TERRY 56650 4 14 2014 12 22 40 PM blbarbour 2013 - 35872 2000145816 GRIGG , JUDY N 10200 4 15 2014 1 54 16 PM tcronan 2013 - 79134 77747256 SANDERS , LONNIE II 13291 4 15 2014 1 55 19 PM tcronan 2013 - 91188 2000024323 TURNAGE , SHELIA H 20244 North Carolina Vehicle Tax System - Pending Refund Report – March 2014 100 + Name Bill # Transaction # Refund Reason Amount Lee , Anthony Dewayne 0019900215 8120276 Over Assessment 16205 Reed , Brian Patrick 0008970063 8120808 Assessed In Err 31010 Webster , James Russell 0019908342 8120294 Situs Error 10960 Pestana , Joshua Javier 0019666498 22103061 Military 21064 Valadez , Lourdes Delfina 0019847226 7877832 Over Assessment 11728 Gallup , Norman Lee 0019864429 7944636 Over Assessment 10559 Ultimate Family Care Home 0019829617 7788608 Assessed In Err 14431 April 17 , 2014 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Sheila Garner A complete record of this information is on file in the County Finance Office Totals from 3 16 14 to 4 15 14 Tax refunds - Personal Real Property 1,12723 Tax releases - Personal Real Property 62095 Motor Vehicle releases refunds 6,05797 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A Relay for Extra Help Program Debra Stroud , with Johnston County Cooperative Extension , informed the Board about a program called Relay for Extra Help Ms Stroud explained that Relay for Extra Help is an outreach program designed to let Medicare beneficiaries know that they may be eligible to receive extra help paying for their Prescription Drug Plan as well as medicines She stated the Cooperative Extension staff will be undertaking outreach efforts to notify citizens and she asked for help with spreading the word She encouraged anyone interested to contact the Johnston County Cooperative Extension Office for assistance Page4 May 5 , 2014 – 10 00 am Continued B Economic Development Tier System Economic Development Director Chris Johnson expressed his concerns to the Board regarding changes to the Economic Development Tier System He stated under the new tier system , Johnston County is no longer eligible to apply for and receive grants other funding for many economic development projects He spoke on past projects Johnston County has received funding for and noted that under the current tier system , those same type projects would no longer be eligible for funding consideration Mr Johnson spoke on the impacts the tier system could have on economic development efforts in Johnston County and he asked the Commissioners to pass on the concerns to the legislative delegation Following discussion by the Commissioners , it was the unanimous consensus of the Board for the Chairman to send a letter to the legislative delegation on behalf of the County Commissioners regarding the concerns with the tier system C Memorial Day Service Johnston County Veterans Services Advisory Board Chairman Rudy Baker invited everyone to attend this year’s Memorial Day Service to be held on Monday , May 26 , 2014 at 11 00 am in front of the Johnston County Courthouse 4 911 - Communications GIS – Approval of Contract with Atlas Geographic Data , Inc GIS Director Rhonda Norris and 911 - Communications Director Jason Barbour requested the Board to approve entering into a contract with Atlas Geographic Data , Inc Ms Norris explained that GIS and 911 have been working with several other County departments over the past six months on a project that would match all parcels and physical addresses in the County She stated staff has been working on this since 2001 and have been able to match approximately 75 of all the parcels leaving 25 not linked to a physical address She noted that staff has done all they can in - house with the information available Ms Norris stated 911 currently uses a centerline file which is 99 accurate and works well most of the time ; however , if someone lives off the road and they call 911 , it shows that property right on the road instead of the actual location Ms Norris stated staff recommends reviewing the existing 75 matched parcels as well as collecting discovering the remaining 25 which will include vacant parcels for internal use only She stated a GPS coordinate will be collected for all structures which will benefit the Tax Department Ms Norris reported staff contacted the municipalities who are in agreement that the project needs to be completed Ms Norris also noted the project will benefit 911 for the Next Generation 911 Project Mr Barbour explained that currently when a call comes in to 911 , the call is routed based on the telephone number and with the transition to Next Generation 911 Technology across the country calls will be routed based on GPS coordinates He stated this project will allow Johnston County to have the capability of supporting the Next Generation 911 Technology Mr Barbour reported the 911 Board has approved the project as an eligible expenditure for the 911 revenues Mr Barbour stated one of the most important parts of the project is that every parcel in Johnston County will receive a GPS coordinate so if someone is hunting back off the road and needs emergency assistance , the actual GPS coordinate would help improve the response time Ms Norris reported staff sent out a Request for Qualifications RFQ for the project with eight interested companies responding Upon review of the submittals , staff has determined that Atlas Geographic Data , Inc meets all the qualifications required to complete the project Ms Norris stated the project will cost 172,390 and reiterated that it is an eligible expenditure for the 911 revenues At the inquiry of Commissioner Chad M Stewart , Ms Norris stated the intent of the project is not to change addresses , but to make service to the citizens better and improve response times for emergencies She stated the Fire and EMS agencies are excited about the project Commissioner DeVan Barbour stated he recently traveled down a path in the County that contained mobile homes at the back of the property way off the road and he did not see a road name or house numbers He asked if this project would help response times in those situations Mr Barbour confirmed this project would help with such situations PagePage pageNumber55 May 5 , 2014 – 10 00 am Continued Commissioner Allen L Mims , Jr asked if all 100 counties would be pursuing similar projects and if so , perhaps Johnston County could work with other counties on a larger scale project or a piggyback bid procedure that could result in a cost savings Mr Barbour stated the 911 Board is encouraging all counties to perform this work ; however , at this time it is not a mandated project Commissioner Ted G Godwin stated his grandfather’s generation lived and prospered with a certain degree of risk and it seems like too often today the role of government is to insulate everyone from risk , which is a concern to him Commissioner Godwin added he is concerned about the constant intrusion of government in citizens ’ personal lives ; however , in this instance he does see a need for the project and moved the Board approve the County entering into a contract with Atlas Geographic Data , Inc of Wilmington , North Carolina in the amount of 172,390 for the project as outlined by staff Commissioner Tony Braswell seconded the motion which carried unanimously 5 Health Department – Approval to Purchase Cure MD Integrated Software Health Director Dr Marilyn Pearson explained that Public Health Departments are required to provide routine data to the Division of Public Health as well as generate revenue to support the costs of services delivered She reported the Johnston County Health Department , as a healthcare provider , currently utilizes two separate systems , one for practice management and an electronic health records system Staff reports the use of these two separate systems has proven to be inefficient and costly Dr Pearson stated in an effort to reduce staff time from entering redundant information , provide more efficient use of electronic data , and to streamline data exchanges for a more robust revenue reimbursement system , the Health Board Executive Committee and staff reviewed and evaluated systems being marketed that would integrate with Johnston County’s unique needs From this evaluation and with the Board of Health’s recommendation , staff is requesting approval to purchase CureMD , an integrated practice management and electronic medical records software system Dr Pearson stated the cost of the initial investment is 141,300 which includes first year maintenance , support , and data migration and thereafter , the annual maintenance and clearinghouse cost is 20,800 She stated the Health Department is currently paying maintenance costs in the amount of 60,000 a year with the two existing systems At the inquiry of Commissioner Allen L Mims , Jr , Dr Pearson stated over the past two fiscal years , the Health Department has received meaningful use funds which the Federal Government has provided to medical providers that utilize certified medical record systems Staff proposes to fund the cost of the CureMD software with these funds Pursuant to NCGS 143 - 129 g , staff requests the Board’s approval to “ piggyback ” off of Brunswick County , North Carolina’s recent bidding and contract award to CureMD in October of 2013 Upon a question by Commissioner Ted G Godwin , Dr Pearson stated the shortcomings in the current software systems are the driving force behind the need for the CureMD software Commissioner Cookie Pope moved the Board approve the purchase of the CureMD integrated practice management and electronic medical records software system , pursuant to NCGS 143 - 129 g , at a cost of 141,300 which includes first year maintenance , support , and data migration and thereafter , the annual maintenance and clearinghouse cost of 20,800 Commissioner Tony Braswell seconded the motion which carried by unanimous vote 6 Emergency Services – Approval of Fire Services Contracts with Zebulon and Garner Emergency Management Coordinator Fire Marshal Paul Whitehurst stated in order to complete the process for providing fire protection within the newly established Garner Suburban and Wakelon Fire Insurance Districts in Johnston County , contracts must be signed between Garner Fire Rescue Incorporated and the Town of Zebulon He stated a contract to provide fire protection is required with Garner Fire Rescue since their organization is a chartered non - profit corporation for areas within the Garner Suburban Fire Insurance District and an inter - local agreement for fire protection is required between the County and the Town of Zebulon to provide fire protection within areas of the Wakelon Fire Insurance District Mr Whitehurst stated both jurisdictions ’ governing bodies have reviewed and approved the contract and agreement Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the following two contracts with Garner Fire Rescue Incorporated and the Town of Zebulon for fire protection services PagePage pageNumber66 May 5 , 2014 – 10 00 am Continued NORTH CAROLINA JOHNSTON COUNTY This Contract , made and entered into this first day of May , 2014 , by and between Johnston County , a political subdivision of the State of North Carolina , hereinafter referred to as the County , and Garner Volunteer Fire Rescue Incorporated , a non - profit corporation existing under the laws of the State of North Carolina , hereinafter referred to as the Fire Department ; Now therefore , in consideration of the mutual promises contained herein and other good and valuable consideration , the parties hereto contract and agree as follows 1 The Fire Department shall provide services within the Garner Suburban Fire Insurance District NC General Statute 153A - 233 and maintain a minimum of a 9S rating or better with the North Carolina Department of Insurance , Office of State Fire Marshal , as well as its present nonprofit corporation status pursuant to Chapter 55A of the North Carolina General Statues The Fire Department shall continuously comply with all applicable laws , ordinances , and State regulations The Garner Suburban Fire Insurance District shall include that area as shown on the map attached hereto as Exhibit A , and shall hereafter be referred to as “ the District ” 2 Funding to the Fire Department shall be determined by multiplying the fire tax collected by the County from the area included in the total Claytex Fire District , including that portion described as the District herein , by a fraction , the numerator of which is the assessed value of the real property situated in the District and the denominator of which is the total assessed value of real property situated in the Claytex Fire District , including that real property included in the District The resulting amount shall be paid to the Fire Department by the County on a monthly basis The term “ assessed value ” means the value of real property as assessed by the County Tax Department for taxation purposes 3 The Fire Department will furnish fire protection and related emergency services , as authorized by the Board of Directors of the Fire Department , within the District and shall provide the necessary equipment , personnel , and those things necessary for furnishing such protection in the District The services shall be in accordance with minimum standards set forth in this agreement and all future amendments adopted in accordance with paragraph 14 of this agreement The Fire Department shall furnish said fire protection without charge to all persons and property located in the District in an efficient and workmanlike manner This provision shall not prohibit the Fire Department from recouping cost and expense from incidents or from entering into contracts with the Federal , State , or local governments or utility companies for the provisions of emergency protection services for a fee 4 The Fire Department shall have an annual audit conducted by a CPA to ensure that financial operations are in conformity with general accepted accounting principles A copy of the audit shall be provided to the County upon request 5 The Fire Department , during the term of this contract , shall remain incorporated and do business as a private non - profit corporation under the provisions of the North Carolina Non - Profit Corporation Act Upon request , a copy of the Articles of Incorporation and current By - Laws will be provided to the County by the Fire Department 6 The Fire Department shall obtain and keep in force during the term of this contract the following minimum insurance coverage a Worker’s Compensation i Coverage for all paid and volunteer emergency workers for statutory limits in compliance with applicable state and federal laws b Comprehensive General Liability , Malpractice and Errors and Omissions i 100,00000 for property damage per occurrence ii 500,00000 for property damage aggregate iii 1,000,00000 for personal bodily injury to any one person ; and iv 2,000,00000 for bodily injury aggregate per single accident or occurrence c Business Auto Policy i 2,000,00000 for bodily injury and consequent death per occurrence ii 1,000,00000 for bodily injury and consequent death to any one person ; and iii 500,00000 for property damage per occurrence d Upon request , the Fire Department shall furnish the County a certificate of insurance e The Fire Department agrees to fully indemnify and hold harmless the County , its officers , agents , employees , boards , commissions , and agencies against all loss , liability , claims or actions for damages to persons or property to the extent that any such damages are caused by the negligent acts or omissions of the Fire Department 7 The Fire Department shall create and maintain an incident report for all emergency responses in the service area for a minimum of five 5 years from the date of the incident The Fire Department shall submit fire reports electronically to the County in a timely manner not to exceed seven 7 days from the date of the reported fire , either through direct entry into the County database or by electronic transmission of fire reports to the County 8 The Fire Department agrees to provide mutual aid services as that term is generally understood in this field to other emergency services providers in Johnston County as requested The Fire Department understands that other agencies will maintain their own liability policies and be responsible for their own expenses The Fire Department further agrees that it will be responsible for its own expenses while responding to a request for mutual aid from Johnston County 911 or another agency within the County 9 The following minimal performance standards are agreed upon by the County and the Fire Department and are part of this contract PagePage pageNumber77 May 5 , 2014 – 10 00 am Continued a The Fire Department officer in charge at all fire scenes shall attempt to determine the origin and cause of every fire When the officer in charge cannot determine the origin and cause of the fire , or if the cause is suspected to be of an incendiary nature , the officer in charge should request assistance from the Johnston County Fire Marshal’s Office b The Fire Department shall keep all records on site for minimum period of five 5 years These records include all those “ Records and Documents ” required to be maintained in order to meet and or retain 9S classification , as published in that memo entitled “ Requirements to Meet the 9S Rating for Initial Certification Re - Inspection of Fire Departments in North Carolina , ” or any superseding memorandum or directive , published by the Office of the State Fire Marshal All State and County required reports and rosters shall be submitted by the requested deadlines c The Fire Department shall keep all records on site for minimum period of five 5 years All State and County required reports and rosters shall be submitted by the requested deadlines d If pressurized fire hydrants are located within the District , the Fire Department shall notify the appropriate utilities department when conducting flow testing or maintenance The Fire Department shall immediately report any malfunctions or damage to hydrants to the entity owning the water system e The Fire Department shall follow the Johnston County Emergency Operations Plan when responding to an emergency or disaster in the service area , attached hereto as Exhibit B f During a declared State of Emergency affecting the County , the Fire Department shall assist the County with the following services 1 Debris removal from roadways ; 2 Traffic Control ; 3 Alert and notification ; 4 Search and rescue ; 5 Evacuation ; and 6 other life saving and property protection measures as necessary Request for additional assistance outside the District shall be directed to the Fire Chief or designee All operations shall be in accordance with the Johnston County Emergency Operations Plan g It is expressly agreed and understood that the Fire Department’s primary responsibility is to Wake County and the Town of Garner its “ primary service area The Fire Department’s responsibility to its primary service area shall have absolute deference over any responsibilities created by this Agreement Only in the event that the Fire Department is able to fully and completely meet its primary responsibilities to these primary service areas , as determined by the Fire Department in its discretion , will the Fire Department provide the assistance described by paragraphs 9 and 10 f , within the limits of the Fire Department’s personnel , equipment , resources , and capabilities h The Fire Department may elect to voluntarily participate in certain services If the Fire Department provides these services , it shall enter into a separate agreement and shall perform pursuant to the rules set forth by the Johnston County Board of Commissioners If the Fire Department has chosen to participate in any of these programs , the agreements can be found as Appendices of this contract SERVICE APPENDIX # Medical Services A Rescue Services B Other Services C 10 This agreement shall become effective the first day of April , 2014 , and remain in effect for a period not to exceed two years , subject to the continued legal existence of the District and the Fire Department , and further subject to the termination provisions of paragraph 13 hereof 11 This agreement may not be transferred or assigned by the Fire Department , nor may the services contracted for herein be sub - contracted to other parties unless approved by the Johnston County 12 This contract may be terminated by either party upon advance notification to the other party by certified mail at least sixty 60 days prior to termination This contract may be terminated at such time that the Clayton Fire Department constructs a station that will provide 5 mile coverage to the contracted area within the Garner Suburban Fire Insurance District 13 Either party may propose an amendment to this agreement by submitting the amendment in writing at least sixty 60 days in advance of the amendment’s proposed effective date Amendments to this agreement must be approved by both the County and the Fire Department prior to becoming effective 14 If any part of this Contract is for any reason held invalid or unconstitutional by any court of competent jurisdiction , that part shall be deemed a separate , distinct and independent provision , and the holding shall not affect the validity of the remaining portions of this Contract 15 This contract is not intended to serve for the benefit of any third party The rights and obligations contained herein belong exclusively to the entities that are parties hereto and no third party shall rely upon anything contained herein as a benefit to that third party 16 The terms and provisions herein contained constitute the entire agreement by and between the County and the Fire Department and shall supersede all previous communications , representations , or agreements , either oral or written between the parties hereto with respect to the subject matter hereof IN TESTIMONY WHEREOF , the County has caused this instrument to be executed by the Chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners , and the Fire Department has caused this instrument to be signed in its name by its President , attested by its Secretary , all by the authorization of its Board of Directors duly given PagePage pageNumber88 May 5 , 2014 – 10 00 am Continued NORTH CAROLINA JOHNSTON COUNTY This Contract , made and entered into this the first day of May , 2014 , by and between Johnston County , a political subdivision of the State of North Carolina , hereinafter referred to as the “ County , ” and the Town of Zebulon , a body politic and corporate of the State of North Carolina , hereinafter referred to as the “ Town ” ; WHEREAS , the Town and the County are authorized pursuant to NC General Statute § 160A - 460 , et seq , to enter into an inter - local agreement ; and WHEREAS , the Town and the County wish to enter into an inter - local agreement by which the County will assess and collect a fire tax and will compensate the Town for fire protection services and the Town will provide certain fire protection services as described herein Now therefore , in consideration of the mutual promises contained herein and other good and valuable consideration , the parties hereto contract and agree as follows 1 “ Fire Department ” as used herein refers to the Town , acting by and through the Town of Zebulon Fire Department 2 The Fire Department shall provide fire protection services within the Wakelon Fire Insurance District of Johnston County , formed under the authority of NC General Statute 153A - 233 The Fire Department shall maintain a minimum of a 9S rating or better with the North Carolina Department of Insurance , Office of State Fire Marshal The Fire Department shall continuously comply with all applicable laws , ordinances , and State regulations The Wakelon Fire Insurance District of Johnston County shall include that area as shown on the map attached hereto as Exhibit A , and shall hereafter be referred to as “ the District ” 3 Funding to the Fire Department shall be determined by multiplying the fire tax collected by the County from the area included in the total Corinth Holders Fire District , including that portion described as the District herein , by a fraction , the numerator of which is the assessed value of the real property situated in the District and the denominator of which is the total assessed value of real property situated in the Corinth Holders Fire District , including that real property included in the District The resulting amount shall be paid to the Fire Department by the County on a monthly basis The term “ assessed value ” means the value of real property as assessed by the County Tax Department for taxation purposes 4 The Fire Department will furnish fire protection and related emergency services , as authorized by the Town , within the District and shall provide the necessary equipment , personnel , and those things necessary for furnishing such protection in the District The services shall be in accordance with minimum standards set forth in this Contract and all future amendments adopted in accordance with paragraph 14 of this Contract The Fire Department shall furnish fire protection services without charge to all persons and property located in the District in an efficient and workmanlike manner This provision shall not prohibit the Fire Department from recouping costs and expenses from incidents or from entering into contracts with the Federal , State , or local governments or utility companies for the provision of emergency protection services for a fee 5 The Fire Department shall furnish to the County all applicable materials and financial statements for the purpose of the annual audit conducted by the Town in conformity with Generally Accepted Accounting Principles The Town shall follow any applicable statutory procedures for letting of public contracts for fire apparatus , equipment , and construction 6 The Fire Department shall obtain and keep in force during the term of this contract the following minimum insurance coverage a Worker’s Compensation i Coverage for all paid and volunteer emergency workers for statutory limits in compliance with applicable state and federal laws b Comprehensive General Liability , Malpractice and Errors and Omissions i 100,00000 for property damage per occurrence ii 500,00000 for property damage aggregate iii 1,000,00000 for personal bodily injury to any one person ; and iv 2,000,00000 for bodily injury aggregate per single accident or occurrence c Business Auto Policy i 2,000,00000 for bodily injury and consequent death per occurrence ii 1,000,00000 for bodily injury and consequent death to any one person ; and iii 500,00000 for property damage per occurrence d Upon request , the Town shall furnish the County a certificate of insurance e The Town agrees to fully indemnify and hold harmless the County , its officers , agents , employees , boards , commissions , and agencies against all loss , liability , claims or actions for damages to persons or property to the extent that any such damages are caused by the negligent acts or omissions of the Fire Department f Nothing contained herein shall be construed as a waiver of any applicable defense of governmental , statutory , or common law immunity , and shall not prevent the County or the Town from asserting any defense of such immunity except as for those matters for which , and only to the extent , immunity has been waived by the County or the Town by the purchase of insurance provided that if a court of competent jurisdiction determines no such immunity applies , the indemnity provided for herein shall apply 7 The Fire Department shall create and maintain an incident report for all emergency responses in the district for a minimum of five 5 years from the date of the incident PagePage pageNumber99 May 5 , 2014 – 10 00 am Continued 8 The Fire Department shall provide annually to the Johnston County Fire Marshal’s Office a current and complete roster of members of the Fire Department to include contact numbers for the Chief and Assistant Chief s 9 The Fire Department agrees to provide mutual aid services as that term is generally understood in this field to other emergency services providers in Johnston County as requested The Fire Department understands that other agencies will maintain their own liability policies and be responsible for their own expenses The Fire Department further agrees that it will be responsible for its own expenses while responding to a request for mutual aid from Johnston County 911 or another agency within the County In areas where the fire district has been extended to six miles , the Fire Department agrees to maintain agreements with adjoining districts to respond with a minimum of one apparatus capable of transporting a minimum of 1,000 gallons of water to all alarms involving reported structure fires This apparatus will be dispatched simultaneously with the department within whose district the incident occurs 10 The following minimal performance standards are agreed upon by the County and the Fire Department and are part of this Contract a The Fire Department officer in charge at all fire scenes shall attempt to determine the origin and cause of every fire When the officer in charge cannot determine the origin and cause of the fire , or if the cause is suspected to be of an incendiary nature , the officer in charge should request assistance from the Johnston County Fire Marshal’s Office b The Fire Department shall keep all records on site for minimum period of five 5 years These records include all those “ Records and Documents ” required to be maintained in order to meet and or retain 9S classification , as published in that memo entitled “ Requirements to Meet the 9S Rating for Initial Certification Re - Inspection of Fire Departments in North Carolina , ” or any superseding memorandum or directive , published by the Office of the State Fire Marshal All State and County required reports and rosters shall be submitted by the requested deadlines c The Fire Department shall keep all records on site for minimum period of five 5 years All State and County required reports and rosters shall be submitted by the requested deadlines d If pressurized fire hydrants are located within the District , the Fire Department shall notify the appropriate utilities department when conducting flow testing or maintenance The Fire Department shall immediately report any malfunctions or damage to hydrants to the entity owning the water system e The Fire Department shall follow the Johnston County Emergency Operations Plan when responding to an emergency or disaster in the service area , attached hereto as Exhibit B f During any State of Emergency declared under NC General Statute § 166A - 191 , et seq affecting the County , the Fire Department shall assist the County with the following services 1 Debris removal from roadways ; 2 Traffic Control ; 3 Alert and notification ; 4 Search and rescue ; 5 Evacuation ; and 6 other life saving and property protection measures as necessary Request for additional assistance outside the District shall be directed to the Fire Chief or designee All operations shall be in accordance with the Johnston County Emergency Operations Plan g It is expressly agreed and understood that the Fire Department’s primary responsibility is to Wake County and the Town of Zebulon its “ Primary Service Areas ” The Fire Department’s responsibility to its Primary Service Areas shall have absolute priority over any responsibilities created by this Contract Only in the event that the Fire Department is able to fully and completely meet its primary responsibilities to its Primary Service Areas , as determined by the Fire Department in its discretion , will the Fire Department provide the assistance described herein within the limits of the Fire Department’s personnel , equipment , resources , and capabilities h The Fire Department may elect to voluntarily participate in certain services If the Fire Department provides these services , it shall enter into a separate agreement and shall perform pursuant to the rules set forth by the Johnston County Board of Commissioners If the Fire Department has chosen to participate in any of these programs , the agreements can be found as Appendices of this Contract SERVICE APPENDIX # Medical Services A Rescue Services B Other Services C 11 This Contract shall become effective the first day of April , 2014 , and remain in effect for a period not to exceed two years , subject to the continued legal existence of the District and the Fire Department , and further subject to the termination provisions of paragraph 13 hereof 12 This Contract may not be transferred or assigned by the Fire Department , nor may the services contracted for herein be sub - contracted to other parties unless approved by the Johnston County 13 This Contract may be terminated by either party upon advance notification to the other party by certified mail at least sixty 60 days prior to termination 14 Either party may propose an amendment to this Contract by submitting the amendment in writing at least sixty 60 days in advance of the amendment’s proposed effective date Amendments to this Contract must be approved by both the County and the Town prior to becoming effective 15 If any part of this Contract is for any reason held invalid or unconstitutional by any court of competent jurisdiction , that part shall be deemed a separate , distinct and independent provision , and the holding shall not affect the validity of the remaining portions of this Contract Page010 May 5 , 2014 – 10 00 am Continued 16 This Contract is not intended to serve for the benefit of any third party The rights and obligations contained herein belong exclusively to the entities that are parties hereto and no third party shall rely upon anything contained herein as a benefit to that third party 17 The terms and provisions herein contained constitute the entire agreement by and between the County and the Town related to the provision of fire protection services within the District and shall supersede all previous communications , representations , or agreements , either oral or written between the parties hereto with respect to the subject matter hereof IN TESTIMONY WHEREOF , the County has caused this instrument to be executed by the Chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners , and the Town of Zebulon has caused this instrument to be signed in its name by its Mayor , attested by its Clerk , all by the authorization of their respective Boards duly given 7 Emergency Services – EMS Proclamation and EMS System Update Johnston County EMS Division Chief Josh Holloman presented the following annual EMS System update to the Board He introduced Director of Emergency Services Kim Robertson , EMS Assistant Chief Ben Lawson , EMS Advisory Committee Chairman Rudy Baker , and Medical Director Dr Ed Hartman Page111 May 5 , 2014 – 10 00 am Continued Mr Holloman reported on the increasing call volume and noted the average response time is 9 48 minutes which is less than the goal of 12 00 minutes He stated EMS has been able to keep the response level below the benchmark of 12 00 minutes even though Johnston County is a rural County He noted the majority of transports are taken to Johnston Health’s Smithfield and Clayton Medical Centers although protocol does dictate certain emergencies must be taken to other facilities Mr Holloman spoke on the cardiac arrest statistics which EMS has placed a lot of effort on and noted the numbers are improving He stated statistically people do not survive once they go into cardiac arrest ; however , due to a statewide push for bystander CPR training as well as new protocols put in place by EMS agencies , more people are surviving and returning to normal activities Mr Holloman noted Johnston County’s cardiac arrest statistics are some of the best in the State He spoke on other medical areas such as stroke and family care that EMS has focused on in order to provide better service as well as some of the accomplishments in 2013 He noted staff is especially proud that ten Paramedics have received Crisis Intervention Team Training to help with substance abuse and mental health emergencies Page212 May 5 , 2014 – 10 00 am ContinuedPage313 May 5 , 2014 – 10 00 am Continued Mr Holloman thanked the Board of Commissioners for approving the EMS Cadet Program and noted the first class graduated in 2013 He stated three of those cadets have gone on to graduate successfully from EMT School and will make good EMS employees in the future Mr Holloman stated they currently have 20 cadets enrolled with a waiting list Mr Holloman also noted staff attends a number of outreach events to promote the importance of bystander CPR and EMS employees were on hand at the NC State Fair providing free training Mr Holloman invited everyone to attend the EMS Open House being held on May 18 , 2014 at 2 00 pm at the Clayton Main Station He stated staff will be on hand to provide tours of the EMS units , teach bystander CPR and provide blood pressure checks for anyone interested Mr Holloman also invited the Board to attend the EMS Banquet on May 21 , 2014 at 6 00 pm at the Johnston Community College Auditorium Lobby Page414 May 5 , 2014 – 10 00 am Continued Mr Holloman concluded his presentation by reiterating the mission and core values of EMS He thanked the Commissioners for their continued support Commissioner Allen L Mims , Jr asked Mr Holloman if he felt the GIS 911 project approved earlier in the meeting would help with response times Mr Holloman responded for the citizens that live off the roads in Johnston County , it can be difficult to find them during emergencies , and he does feel the GIS 911 project will help these situations Commissioner Chad M Stewart commended the EMS System for their work and dedication to the citizens , stating they have a lot to be proud of , especially with the cardiac arrest statistics Upon questions by Commissioner DeVan Barbour , Mr Holloman stated EMS presently has one ATV ; however , they mostly depend on the Fire Departments for auxiliary equipment as well as the Sheriff’s Department for search and rescue and swift water rescue missions Mr Holloman stated staff feels presentlyPage515 May 5 , 2014 – 10 00 am Continued there are adequate EMS Units to cover the County ; however , staff is planning to look at where all the units are located to make sure they are placed appropriately throughout the County Commissioner Cookie Pope spoke on two recent emergency calls where EMS responded and she expressed her appreciation for the professional and timely responses Mr Holloman asked the Board of Commissioners to adopt a proclamation for the week of May 18 – 24 , 2014 as Emergency Medical Services Week in Johnston County Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried unanimously , the Board adopted the following proclamation Proclamation Emergency Medical Services Week May 18 – 24 , 2014 To designate the Week of May 18 - 24 , 2014 , as Emergency Medical Services Week WHEREAS , emergency medical services is a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day , seven days a week ; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury ; and WHEREAS , the emergency medical services system consists of emergency physicians , emergency medical technicians , paramedics , firefighters , educators , administrators , telecommunicators and others ; and WHEREAS , the members of emergency medical services teams , whether career or volunteer , engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills ; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week ; NOW , THEREFORE BE IT RESOLVED , that the Board of Commissioners of Johnston County , does hereby proclaim May 18 - 24 , 2014 as Emergency Medical Services Week in Johnston County , in recognition of this event Adopted this the 5th day of May , 2014 8 Public Utilities – Request to Declare Vehicles Surplus At the request of Public Utilities Director Chandra Coats , upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board declared the following three vehicles surplus and approved for them to be sold at the next public auction to be scheduled at a later date • 1997 Chevy Pickup VIN # 1GCGC24R1VZ132259 - Asset No 11890 143,049 miles , engine transmission repairs needed , Fund 68 – Wastewater Treatment Plant • 2002 Chevy Pickup VIN # 1GCCS14W628259723 - Asset No 18305 119,888 miles , engine transmission repairs needed , Fund 68 – Sewer Transmission • 2005 Chevy Pickup VIN # 2GCEK19V251100519 - Asset No 18693 262,500 miles , Fund 67 – Construction and Maintenance 9 Finance – Resolution Authorizing the Sale of 14,875,000 Refunding Bonds Chairman Jeffrey P Carver abstained from the discussion vote on the resolution and turned the meeting over to Vice Chairman Tony Braswell to conduct the item of business Vice Chairman Tony Braswell called on Debt and Grant Management Analyst Martha Lasater to present the item Ms Lasater 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 PROVIDING FOR THE ISSUANCE OF 14,875,000 GENERAL OBLIGATION REFUNDING BONDS , SERIES 2014 , SUBJECT TO ADUSTMENT AS PROVIDED HERIEN BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” Section 1 The Board has determined and does hereby find , declare and represent Page616 May 5 , 2014 – 10 00 am Continued a That an order the “ 2014 Order ” authorizing 15,800,000 Refunding Bonds was adopted by the Board on April 7 , 2014 , which order has taken effect b That none of the Bonds authorized to be issued by the 2014 Order have been issued , that no notes have been issued in anticipation of the receipt of the proceeds of the sale of the Bonds , and that it is necessary at this time to issue all or a portion of said Bonds and to use the proceeds thereof , together with any other funds necessary , to currently refund all or a portion of each maturity of the County’s outstanding Refunding Bonds , Series 2005 , dated May 1 , 2005 the “ Bonds To Be Refunded ” c That the prospective Bonds To Be Refunded advance refunded all or a portion of the County’s then outstanding School Bonds , Series 1996 , School Bonds , Series 1997 and School Bonds , Series 2000 collectively , the “ Prior Bonds ” , which Prior Bonds financed , together with any other funds necessary , various public school facilities of the County d That the shortest period of time in which the Bonds To Be Refunded can be finally paid without making it unduly burdensome on the taxpayers of the County , as determined by the Local Government Commission of North Carolina , is a period which expires not later than December 31 , 2044 Section 2 Pursuant to the 2014 Order there shall be issued bonds of the County in an aggregate principal amount of 14,875,000 , with such amount subject to adjustment as hereinafter set forth , designated “ General Obligation Refunding Bonds , Series 2014 ” and dated their date of delivery , or such other date or designation as may be designated by the County Manager or Director of Finance the “ Series 2014 Bonds ” The Chairman or Vice - Chairman of the Board , the County Manager or the Director of Finance , respectively , each acting on behalf of the County , may increase or decrease the aggregate principal amount of the Series 2014 Bonds by any amount , so long as such amount shall not exceed 15,800,000 , as determined to be in the best interest of the County , and may make any such increase or decrease either before or after the bids are opened The Series 2014 Bonds shall be stated to mature subject to adjustment as hereinafter set forth annually , February 1 or such other date designated in accordance with the immediately preceding sentence , 105,000 2015 , 4,895,000 2016 , 4,750,000 2017 , 3,320,000 2018 and 1,805,000 2019 The foregoing notwithstanding , the Chairman or Vice - Chairman of the Board , County Manager or Director of Finance , respectively , each acting on behalf of the County , may increase or decrease the principal amount of the Series 2014 Bonds maturing at each maturity , either before or after the opening of bids including elimination or addition of one or more maturities , provided that the aggregate principal amount of the Bonds shall not exceed 15,800,000 and no Series 2014 Bond shall mature later than December 31 , 2044 The Series 2014 Bonds shall bear interest at a rate or rates to be determined by the Local Government Commission of North Carolina at the time the Series 2014 Bonds are sold , which interest to the respective maturities thereof shall be payable on February 1 , 2015 or such other date as is designated by the County Manager or the Director of Finance in connection with the sale of the Series 2014 Bonds and semiannually thereafter on August 1 and February 1 of each year or other semiannual dates designated by the County Manager or the Director of Finance in connection with the sale of the Series 2014 Bonds until payment of such principal sum Notwithstanding the foregoing provisions of this resolution , since interest rates on a proposed sale date are unpredictable , at any time before the Series 2014 Bonds are awarded , the County Manager or the Director of Finance , respectively , acting on behalf of the County , may from time to time defer the sale of all or any portion of the Series 2014 Bonds including postponement to a later date , to a subsequently announced date or indefinitely Section 3 Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is a authenticated upon an interest payment date in which event it shall bear interest from such interest payment date or b authenticated prior to the first interest payment date in which event it shall bear interest from its date ; provided , however , that if at the time of authentication interest is in default , such Bond shall bear interest from the date to which interest has been paid The principal of and the interest and any redemption premium on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof Section 4 The provisions of this Section 4 shall apply only if the Bonds are initially issued publicly by means of a book - entry system with no physical distribution of bond certificates to be made except as hereinafter provided Initially , one fully registered bond certificate for each stated maturity of the Bonds in the aggregate principal amount of the Bonds of such stated maturity and registered in the name of the Securities Depository Nominee defined below , a nominee of the Securities Depository defined below , will be issued and required to be deposited with the Securities Depository and immobilized in its custody The book - entry system of the Securities Depository will evidence positions held in the Bonds by the Securities Depository’s participants , with beneficial ownership of the Bonds in the principal amount of 5,000 or any whole multiple thereof being evidenced in the records of such participants Transfers of beneficial ownership will be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants The County and the Bond Registrar as defined hereinafter will recognize the Securities Depository Nominee or the Securities Depository , as the case may be , while the registered owner of the Bonds , as the ownerPage717 May 5 , 2014 – 10 00 am Continued of the Bonds for all purposes , including payments of principal of , and redemption premium , if any , and interest on the Bonds , notices and voting The principal of and any redemption premium on each Bond shall be payable to the Securities Depository Nominee or any other person appearing on the registration books of the County hereinafter provided for as the registered owner of such Bond , or his registered assigns or legal representative at the office of the Bond Registrar or such other place as the County may determine upon the presentation and surrender thereof as the same shall become due and payable Payment of the interest on each Bond shall be made by the Bond Registrar on each interest payment date to the registered owner of such Bond or the previous Bond or Bonds evidencing the same debt as that evidenced by such Bond at the close of business on the record date for such interest , which shall be the 15th day whether or not a business day of the calendar month next preceding such interest payment date , by check mailed to such person at his address as it appears on such registration books or , during the continuation of the book - entry system , by such other method of payment as the County may determine to be necessary or advisable with the concurrence of the Securities Depository Transfer of principal and interest and any redemption premium payments to participants of the Securities Depository will be the responsibility of the Securities Depository , and transfer of principal and interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners Such transfers of interest by the Securities Depository and by such participants and other nominees of such beneficial owners may be made to the owners of Bonds shown on their records on a date on or after said record date for such interest , pursuant to rules and procedures established by the Securities Depository and its participants The County and the Bond Registrar will not be responsible or liable for such transfers of payments or for maintaining , supervising or reviewing records maintained by the Securities Depository , its participants or persons acting through such participants In the event that a any Securities Depository determines not to continue to act as securities depository for the Bonds , or b the Director of Finance of the County determines to discontinue the book - entry system with such Securities Depository , the County may identify another qualified Securities Depository to replace the predecessor Securities Depository and , in such event , the County will make arrangements with the predecessor Securities Depository and such other Securities Depository to effect such replacement and deliver replacement Bonds registered in the name of such other depository or its nominee in exchange for the outstanding Bonds , and all references in this resolution to any predecessor Securities Depository or Securities Depository Nominee shall thereupon be deemed to mean such other depository or its nominee If the County does not identify another qualified Securities Depository to replace the predecessor Securities Depository , the County will deliver replacement Bonds in the form of fully