April 4, 2016 - 10:00 AM - County Board of Commissioners Meeting Minutes

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10 116 Meeting of the Johnston County Board of Commissioners April 4 , 2016 10 00 am The Johnston County Board of Commissioners met in regular session Monday , April 4 , 2016 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , 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 Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell called the meeting to order at 10 00 am Commissioner Ted G Godwin opened the meeting with a prayer Vietnam Veterans of America Chapter 990 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 Ted G Godwin , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – March 4 , 2016 ; March 7 , 2016 - 10 00 am and 6 00 pm ; and March 23 , 2016 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 Chardonney Drive – Hannah Creek – Phase III – Clayton Township Wylie Court – Timberlake Phase 2 – Wilders Township C Proclamation – The Week of the Young Child – April 9 - 16 , 2016 The Board adopted the following proclamation declaring April 9 - 16 , 2016 as The Week of the Young Child in Johnston County Proclamation The Week of the Young Child April 9 – 16 , 2016 WHEREAS , the Partnership for Children of Johnston County and other local organizations , in conjunction with the National Association for the Education of Young Children , are celebrating The Week of the Young Child , April 9 through April 16 , 2016 ; and WHEREAS , these organizations are working to promote and inspire high quality early childhood experiences for our state’s youngest citizens , that can provide a foundation of learning and success for children throughout Johnston County , North Carolina ; and WHEREAS , teachers and others who work with or on behalf of young children birth through age eight , who make a difference in the lives of young children in Johnston County deserve thanks and recognition ; and WHEREAS , public policies that support early learning for all young children are crucial to young children’s futures and to the prosperity of our society Page117 April 4 , 2016 – 10 00 am Continued NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners hereby proclaims April 9 – 16 , 2016 as The Week of the Young Child in Johnston County and encourages all citizens to work to support and invest in early childhood in Johnston County th Adopted this the 4 day of April , 2016 D Proclamation – National Public Safety Telecommunicator’s Week – April 10 - 16 , 2016 The Board adopted the following proclamation declaring the week of April 10 - 16 , 2016 as National Public Safety Telecommunicator’s Week in Johnston County National Public Safety Telecommunicator’s Week April 10 - 16 , 2016 WHEREAS , emergencies can occur at anytime that require police , fire or emergency medical services ; the E - 911 Communications Center was created to provide a vital contribution to the quality of life enjoyed by citizens and visitors to Johnston County ; and WHEREAS , when an emergency occurs , the access to a 911 center dramatically improves the prompt response of police officers , firefighters and paramedics , is critical to the protection of life and preservation of property ; and WHEREAS , the Telecommunicators are trained , prepared and ready ; the safety of our police officers , firefighters and EMS personnel are dependent upon the quality and accuracy of information obtained from citizens who telephone the Johnston County E - 911 Communications Center ; and WHEREAS , Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services ; and WHEREAS , Public Safety Telecommunicators are the single vital link for our police officers , firefighters and EMS personnel by monitoring their activities by radio , providing them information and insuring their safety ; and WHEREAS , Public Safety Telecommunicators of the Johnston County E - 911 Communications Center have contributed substantially to the apprehension of criminals , suppression of fires and treatment of patients ; and WHEREAS , each Telecommunicator has exhibited compassion , understanding and professionalism during the performance of their job ; and WHEREAS , National Telecommunicator’s Week will serve to recognize the Telecommunicators of Johnston County who provide a vital public safety service NOW THEREFORE BE IT RESOLVED , that the Board of Commissioners of the County of Johnston , hereby proclaim and declares the week of April 10 - 16 , 2016 as National Telecommunicator’s Week in Johnston County , in honor of the men and women whose diligence and professionalism keep our County and citizens safe th Adopted this the 4 day of April , 2016 E Proclamation – Older Americans Month – May 2016 The Board adopted the following proclamation declaring the month of May 2016 as Older Americans Month in Johnston County Older Americans Month 2016 Whereas , Johnston County , North Carolina includes a thriving community of over 17,000 older Americans over age 65 who deserve recognition for their contributions and sacrifices to ensure a better life for future generations ; and Whereas , Community & Senior Services of Johnston County , Inc is committed to helping all individuals live longer , healthier lives in the communities of their choice for as long as possible ; and Whereas , since 1965 , the Older Americans Act has provided services that help older adults remain healthy and independent by complementing existing medical and health care systems , helping prevent hospital readmissions , and supporting some of life’s most basic functions , such as bathing or preparing meals ; and Whereas , Community & Senior Services of Johnston County , Inc recognizes that older adults are trailblazers — advocating for themselves , their peers , and their communities — paving the way for future generations ; and Whereas , Community & Senior Services of Johnston County , Inc is committed to raising awareness about issues facing older Americans and helping all individuals to thrive in communities of their choice for as long as possible ; and Whereas , we appreciate the value of inclusion and support in helping older adults successfully contribute to and benefit from their communities ; and Whereas , our community can provide opportunities to enrich the lives of individuals of all ages by • Promoting and engaging in activity , wellness , and social involvement • Emphasizing home and community based services that support independent living • Ensuring community members can benefit from the contributions and experience of older adults Now therefore , we , the Board of Commissioners of Johnston County do hereby proclaim May 2016 to be Older Americans Month We urge every resident to take time this month to celebrate older adults and the people who serve and support them as powerful and vital individuals who greatly contribute to the community th Resolved this the 4 day of April , 2016Page118 April 4 , 2016 – 10 00 am Continued F Proclamation – Litter Sweep Spring 2016 – April 16 - 30 , 2016 The Board adopted the following proclamation supporting the NCDOT 2016 Spring Litter Sweep for April 16 - 30 , 2016 PROCLAMATION SPRING LITTER SWEEP 2016 WHEREAS , the North Carolina Department of Transportation organizes an annual spring statewide roadside cleanup to ensure clean and beautiful roads in North Carolina ; and WHEREAS , the spring 2016 LITTER SWEEP roadside cleanup will take place April 16 - 30 , 2016 , and encourages local governments and communities , civic and professional groups , businesses , churches , schools , families and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups ; and WHEREAS , Adopt - A - Highway volunteers , Department of Transportation employees , Department of Correction inmates and community service workers , local government agencies , community leaders , civic and community organizations , businesses , churches , schools , and environmentally concerned citizens conduct annual local cleanups during LITTER SWEEP and may receive certificates of appreciation for their participation ; and WHEREAS , the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians , attracting tourists and aiding in recruiting new industries ; and WHEREAS , the cleanup will increase awareness of the need for cleaner roadsides , emphasize the importance of not littering , and encourage recycling of solid wastes ; and th WHEREAS , the 2016 spring cleanup will celebrate the 28 Anniversary of the North Carolina Adopt - A - Highway program and its volunteer groups that donate their labor and time year round to keep our roadsides clean ; and WHEREAS , the LITTER SWEEP cleanup will be a part of educating the children of this great State regarding the importance of a clean environment to the quality of life in Johnston County and North Carolina ; and NOW , THEREFORE , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , does hereby proclaim April 16 - 30 , 2016 as SPRING LITTER SWEEP time in Johnston County , and encourages all citizens to take an active role in making their communities cleaner th Adopted this the 4 day of April , 2016 G HAPP – Approval of the Fiscal Year 2016 - 2017 Streamlined Annual Plan The Board approved the Fiscal Year 2016 - 2017 Streamlined Annual Plan as presented in the agenda packet and submitted by the HAPP Office H Tax Releases & Refunds – 01 16 2016 – 3 15 2016 For Period 01 16 2016 thru 02 15 2016 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 20 2016 10 09 50 AM ashleyheath 2015 - 12072 2000028012 BOYKIN , WILMER G JR 12137 1 20 2016 11 11 22 AM ashleyheath 2015 - 12072 2000028012 BOYKIN , WILMER G JR - 12137 1 20 2016 4 10 04 PM cfutch 2015 - 12072 2000028012 BOYKIN , WILMER G JR 66500 1 26 2016 9 27 00 AM dwoodward2 2016 - 200037 2000159640 WHITLEY , NORMAN KEITH 24722 1 26 2016 9 27 44 AM dwoodward2 2016 - 200036 2000159640 WHITLEY , NORMAN KEITH 24722 1 26 2016 9 28 41 AM dwoodward2 2016 - 200035 2000159640 WHITLEY , NORMAN KEITH 24722 1 26 2016 9 31 18 AM dwoodward2 2016 - 200034 2000159640 WHITLEY , NORMAN KEITH 24722 1 28 2016 10 15 13 AM ashleyheath 2015 - 35229 2000139532 GODWIN , T C JR 24391 1 28 2016 5 15 18 PM dwoodward2 2015 - 51391 2000071625 KINCAID , MONNE R 52632 2 2 2016 2 09 15 PM cfutch 2014 - 19145 2000164057 CII METHANE MGMT IV LLC 11,09699 2 2 2016 2 22 49 PM cfutch 2015 - 19227 2000164057 CII METHANE MGMT IV LLC 9,30318 For Period 02 16 2016 thru 03 15 2016 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2013 1307 - 580903 1304 - 600536 WHITE , EDWENA ORLEANDER Overpayment 15346 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 2 25 2016 8 31 55 AM ashleyheath 2015 - 101603 2000132852 WOODARD , TONY 30248Page119 April 4 , 2016 – 10 00 am Continued 2 29 2016 10 01 30 AM ashleyheath 2015 - 103960 2000181270 BOHEMIAN TRANSPORT LTD 21546 2 29 2016 2 45 54 PM cfutch 2015 - 54955 2000039154 LEE , GLADYS M 1,03578 3 2 2016 8 43 24 AM ashleyheath 2009 - 201050 30881575 FOOD LION STORE [ # 149 ] 3,48131 3 2 2016 8 47 04 AM ashleyheath 2009 - 201049 30881575 FOOD LION STORE [ # 149 ] 4,03235 3 2 2016 8 49 14 AM ashleyheath 2009 - 201048 30881575 FOOD LION STORE [ # 149 ] 4,76993 3 2 2016 8 52 39 AM ashleyheath 2009 - 201047 30881575 FOOD LION STORE [ # 149 ] 5,59059 3 2 2016 8 56 09 AM ashleyheath 2009 - 201082 2000058078 FOOD LION [ # 1279 ] 19585 3 2 2016 8 58 57 AM ashleyheath 2009 - 201083 2000058078 FOOD LION [ # 1279 ] 17876 3 2 2016 9 09 59 AM ashleyheath 2009 - 201084 2000058078 FOOD LION [ # 1279 ] 14752 3 2 2016 9 15 27 AM ashleyheath 2009 - 201085 2000058078 FOOD LION [ # 1279 ] 12083 3 2 2016 9 19 01 AM ashleyheath 2009 - 201086 2000058078 FOOD LION [ # 1279 ] 42598 3 2 2016 9 21 19 AM ashleyheath 2009 - 201087 2000058078 FOOD LION [ # 1279 ] 37207 3 15 2016 12 01 48 PM cfutch 2015 - 99242 2000076123 WILLIAMS , JOSHLIN R 22447 3 15 2016 4 27 37 PM dwoodward2 2015 - 58132 2000108696 MABEN , THOMAS W 26076 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 2 16 2016 8 22 56 AM ONLINE 2015 - 71329 2000114561 PAZDA , GARY R 44234 2 17 2016 8 39 17 AM ONLINE 2015 - 6049 2000071121 BALLENTINE , DIANE COLE 35670 2 18 2016 1 18 14 PM jgreene 2015 - 81395 2000118796 SCA VENTURES LLC 11218 2 18 2016 1 19 40 PM jgreene 2015 - 81393 2000095547 SCA VENTURES LLC 14609 2 19 2016 2 30 48 PM LOCKBOX 2015 - 50610 2000166544 KEARNEY , KYLE J 17317 2 19 2016 2 30 48 PM LOCKBOX 2015 - 75779 2000182877 RADFORD , JANNIE 19874 2 26 2016 10 34 23 AM jmorrow 2015 - 13927 2000076401 BROWN , TAJ FRANCISCO 24200 2 26 2016 11 42 45 AM jmorrow 2015 - 29239 2000180713 TART , ANNA DAVIS 35000 2 26 2016 2 51 37 PM LOCKBOX 2015 - 22186 2000019670 CRAMER , GARY 15949 2 26 2016 2 51 37 PM LOCKBOX 2014 - 43794 2000158235 HUDSON , CAROLYN C LIFE 66196 ESTATE 2 26 2016 2 51 37 PM LOCKBOX 2014 - 43796 2000004066 HUDSON , CAROLYN CREECH 14436 2 29 2016 2 47 28 PM cfutch 2015 - 54955 2000039154 LEE , GLADYS M 1,03578 3 7 2016 2 01 44 PM jmorrow 2015 - 68089 2000147010 OBRANOVICH , BRIAN K 19406 3 14 2016 12 18 41 PM jmorrow 2015 - 13484 2000152968 BROOKSHIRE , RONNIE GAY 74282 3 15 2016 11 46 24 AM jmorrow 2015 - 35350 2000179222 SETTIMI , WILLIAM 15090 North Carolina Vehicle Tax System - Pending Refund Report – February 2016 100 + Payee Name Bill # Transaction Refund Total Change # Reason DALE , WILLIE 0029803326 41751044 Adjustment 14664 SHERRILL 1504 16168 FARLEY , 0008853174 41751462 Adjustment 6923 JASON 4705 DOUGLAS 11628 LAUSHOT , 0029283809 62899170 Assessed In 29539 JEANNINE Err 21586 THERESE 7195 58320 THAMES , 0018076759 41931986 Military 11476 TOD DALLAS 1030 12506 THAMES , 0029807744 41652028 Military 22051 TOD DALLAS 1979 24030 122652PagePage pageNumber5120 April 4 , 2016 – 10 00 am Continued March 18 , 2015 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 02 15 16 to 03 15 16 Tax refunds - Personal Real Property 58736 Tax releases - Personal Real Property 21243 Motor Vehicle releases refunds 13083 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A Industry Appreciation Award – AVINTIV of Benson , North Carolina The Board of Commissioners and the Johnston County Economic Development Advisory Board recognized AVINTIV Berry Plastics of Benson as part of the Industry Appreciation Award Program Director of Economic Development Chris Johnson reported the program recognizes an existing Johnston County industry every quarter Mr Johnson stated AVINTIV formerly known as Chicopee and PGI has been a staple in the Benson community for many years and at the last Economic Development Advisory Board Meeting , the Advisory Board unanimously agreed to recognize them Mr Johnson called on Benson Mayor William Massengill for more comments Benson Mayor William Massengill stated AVINTIV is an example of innovation to be able to stay in a changing market that continues to evolve Mayor Massengill reported AVINTIV has made major investments in the plant over the past year and spoke on their contributions to Benson and its citizens Mayor Massengill stated Benson is very pleased that AVINTIV is being recognized AVINTIV Benson Plant Senior Director Brian Veniez thanked everyone for the recognition Mr Veniez stated AVINTIV was recently acquired by Berry Plastics and they expect to have a lot of growth in the future Mr Veniez stated Johnston County and Benson is a great place to work He noted since their expansion last year they have hired 30 additional people and hope to grow again soon Mr Veniez stated they believe in supporting the local community and he again thanked everyone for the award AVINTIV Human Resources Director Rich Toler agreed that AVINTIV takes their stewardship in the community very seriously and they work with Johnston Community College very closely and look forward to bringing on interns in the summer to help prepare the future workforce The Board expressed their appreciation to AVINTIV for their presence in the County and the Town of Benson B Citizen Comments – Rev Dr Wendy May Rev Dr Wendy May , 1577 Davis Homestead Road , Selma , expressed her appreciation to the Veterans Services Office on working hard for the rights and privileges of all the Veterans in Johnston County She stated Johnston County has a Veterans Services Office to be proud of Dr May also thanked the County’s 911 - Communications Department noting they are always ready and willing to assist people during emergencies She encouraged the County to work to educate people to only call 911 during emergencies Dr May also thanked County Manager Rick Hester for his support to Emergency Services in the County Dr May thanked Chairman Tony Braswell and Commissioner Chad M Stewart for their comments in the news recently regarding House Bill 2 and what the issue is really about Dr May stated it is not a bathroom issue , but rather it is about the General Assembly taking away the powers of local governing boards Dr May also stated there are many citizens in the County that do not have an understanding of what transpires at the Commissioners ’ meetings and she recommended the County consider recording and later televising the meetings so more people can be involved and know what is going on Finally , Dr May asked the Board to support the volunteers in the County , stating those volunteers support the Commissioners C Citizen Comments – Jennifer Liverman Jennifer Liverman , 428 Bennett Drive , Selma , stated she was pleased to see the County recognizing AVINTIV of Benson during Public Comment because they are a good industry that contributes and gives back to Johnston County Ms Liverman asked the Board not to use eminent domain to bring an intermodal terminalPagePage pageNumber6121 April 4 , 2016 – 10 00 am Continued to Johnston County Ms Liverman spoke on her concerns with an intermodal terminal locating in the County between the Four Oaks and Benson area stating it could affect local property values , displace families , and possibly interrupt schools in the area Ms Liverman also expressed her concerns with incentives and State Transportation funds being offered for such a project Chairman Tony Braswell stated Johnston County has not offered any incentives for such a project to date Chairman Braswell invited Ms Liverman to remain for the next item on the agenda which is a Public Hearing for Economic Development Incentives to give her a better idea of the process by which the County must undergo in order to grant incentives to companies , but again reiterated that no hearing has been held for incentives for an intermodal terminal in Johnston County Commissioner Chad M Stewart thanked Ms Liverman for her comments and concerns noting he has lived in Four Oaks all his life Commissioner Stewart stated hopefully in the coming weeks there will be more clarity and he is sympathetic to her concerns D Citizen Comments – Jack Austin , Jr Jack Austin , Jr , of Four Oaks , agreed with comments by Ms Liverman and also spoke on his concerns for an intermodal terminal locating near Four Oaks in Johnston County Mr Austin stated he does not stand to lose any land from such a project , but he lives in the community and believes he will lose what is now considered a safe and peaceful place to live Mr Austin spoke on how other areas have been impacted by such operations as well as possible impacts to fire and rescue departments 4 Public Hearing – Economic Development Incentive Grant Advertised – The Smithfield Herald – March 23 , 2016 The Chairman opened the public hearing for the purposes of soliciting public comment on a proposal for the County to provide certain economic incentives , pursuant to NCGS 158 - 71 a , to a company that is considering the location and or expansion of facilities in Johnston County , North Carolina Economic Development Director Chris Johnson stated for the second time in less than eight months , a global bio - manufacturing company has chosen Johnston County for a significant expansion Mr Johnson reported that Grifols Therapeutics , Inc proposes a 210 million expansion at their Clayton location with plans to create 250 new jobs Mr Johnson stated the expansion will consist of two new facilities , one being a fractionation facility of approximately 100,000 square feet in size and the second being a purification facility of approximately 120,000 square feet in size Mr Johnson stated the County proposes a ten year Economic Development Incentive Grant based on the assessed value of the real property at 90 and personal property at 50 for the two new facilities Mr Johnson reported the County , for its part , will enjoy a 150 million boost to its annual Gross Domestic Product once the new facilities are fully operational The 250 new jobs will average 60,000 in annual salary which is well above the County’s average Mr Johnson also noted that construction of the two new plants alone will create an estimated 830 full and part - time jobs , according to an economic impact assessment by North Carolina State University Mr Johnson stated Johnston County competed with many other locations for the project and he is pleased that the Clayton location was ultimately selected Mr Johnson introduced President Sergi Roura and Senior Director for Validation and Site Development Tim Hamm of Grifols Therapeutics , Inc stating it was a pleasure to work with them County Attorney Jennifer Slusser explained there are two key factors for the Board to determine in the consideration of the incentive grant proposal Ms Slusser stated the first factor involves job creation and with this project , there is a commitment of 250 net new jobs with an average annual salary of 60,000 She stated the second factor to consider would be the increase in the tax base from the two new facilities being proposed Ms Slusser stated staff has provided the Board with a draft resolution to consider , which outlines the incentive grant proposal as well as the project summary Ms Slusser offered to answer any questions Upon a question by Commissioner Allen L Mims , Jr , Ms Slusser reviewed with the Board the calculation method that was used to determine the payment amount for the cash grant There being no further comments , the Chairman closed the public hearing PagePage pageNumber7122 April 4 , 2016 – 10 00 am Continued Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board adopted the following resolution authorizing incentives for economic development for Grifols Therapeutics , Inc , authorized the County Attorney to finalize the grant agreement consistent with the material terms of the resolution and project summary , and authorized the Chairman to execute the final Economic Development Incentive Grant agreement and documents RESOLUTION OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS AUTHORIZING INCENTIVES FOR ECONOMIC DEVELOPMENT WHEREAS , Grifols Corporation the Company has planned to expand its industrial and commercial operations Facility in the County in exchange for the grant by the County of certain economic incentives set forth below and in the Project Summary attached to this resolution the Incentives ; WHEREAS , North Carolina General Statute 158 - 71 a authorizes the County to make appropriations to aid and encourage the location of manufacturing enterprises , industrial and commercial plants within the County and other purposes which will increase the population , taxable property and business prospects of the County ; and WHEREAS , the Board has determined that granting the Incentives in exchange for the commitment of the Company to locate and operate the Facility in Johnston County would be beneficial to the County’s efforts to increase economic opportunities for its residents , its population , ad valorem tax revenues , sales tax revenues , and business prospects in general , including the creation of a substantial number of jobs ; and WHEREAS , the Board has , pursuant to the notice and hearing requirements of North Carolina General Statute 158 - 71 , held a public hearing to consider whether to grant the Incentives in exchange for the commitment of the Company to locate and operate the Facility in Johnston County on terms not materially inconsistent with the Project Summary attached to this resolution the Summary ; NOW THEREFORE , the Board Authorizes the Chairman of the Board and , alternatively , the County Manager , to enter into an economic development agreement on behalf of the County for the County to grant Incentives on terms not materially inconsistent with the Summary in exchange for the commitment by the Company to 1 invest 200 Million Dollars 200,000,000 in real and business property for the construction and outfitting of the Facility , 2 employ approximately two hundred fifty 250 full - time workers to operate the Facility , and 3 operate the Facility and employ that number of full - time workers to do so for a term of ten 10 years th Adopted this the 4 day of April , 2016 PROJECT SUMMARY COMPANY – COUNTY April 2016 • Schedule Consecutive Grant Years 1 - 10 , Grant Year 1 will be no later than 2022 • The Project o The Project consists of i a new fractionation facility of approximately 100,000 square feet with an annual output of 60 million liters and ii a 120,000 square foot purification facility for the production of intravenous immunoglobulin The Project will be developed on the company’s existing 240 acre campus located in Johnston County , North Carolina near the Town of Clayton with a total investment of 2000 million The company expects the Project to require the creation of 250 net new jobs net greater than 1595 , the Company’s current job count at the campus • Investment by Company o Capital Investment for the Project of 2000 million o 250 net new full - time employees hired for the Project with an average salary of 60,00000 o Retention of those facility improvements , business property and net new job counts through Grant Year 10 • Other Incentives for Completion and Operation of Investment by Company o Substantial Compliance with net new job count investment is 210 o Payment and performance of incentives by County are conditional on Company not being in default of any obligation to County , including the taxes and contracts o Company to begin its receipt of monetary incentives in Grant Year 1 o Incentives for investment in business property are cash payments for 10 years equivalent to 390 per 1,000 in assessed value of business property on January 1 of the year immediately preceding Grant Year 1 no later than 2022 PagePage pageNumber8123 April 4 , 2016 – 10 00 am Continued o Incentives for investment in real property improvements are cash payments for 10 years equivalent to 702 per 1,000 in assessed value of improvements on January 1 of the year immediately preceding Grant Year 1 no later than 2022 • Incentives for investment in real and business property will be adjusted for then - current economic trends in Johnson County , correlated dollar for dollar to changes in the County’s ad valorem tax rate Mr Johnson spoke on how Grifols is an excellent corporate citizen and how they are constantly giving back to the community as well as the school system Mr Johnson stated Grifols is committed to a long term investment in Johnston County which everyone greatly appreciates Grifols President Sergi Roura thanked the Board of Commissioners for their confidence and trust in Grifols Mr Roura stated Grifols is here to stay in Johnston County for many years to come He noted the project selection was a competitive process and he is glad that Johnston County was decided upon for the expansion Mr Roura stated it is their hopes that the expansion will provide even more opportunities for the people of Johnston County to live and work here Mr Roura also stated the work environment in North Carolina and Johnston County allows them to grow and progress The Commissioners expressed their appreciation to Mr Roura , Mr Hamm , and Grifols for their investment in Johnston County and its citizens 5 North Carolina Department of Transportation – Resolution Supporting Access Improvements at River Dell Elementary School North Carolina Department of Transportation District Engineer Jiles Harrell , PE , requested the Board to adopt a resolution supporting the Department of Transportation’s efforts to fund and construct access improvements at River Dell Elementary School Mr Harrell reported they are still working on getting commitments of support for the plan design from Johnston County Schools and Flowers Plantation , but due to the short window of time to apply for funding , they are requesting the Board to adopt the resolution so they can begin the application process At the request of Commissioner DeVan Barbour , Mr Harrell reviewed and discussed the proposed design with the Board , as follows In response to a question from Commissioner Ted G Godwin , Mr Harrell reported they have received good feedback on the design from the citizens that live in the area PagePage pageNumber9124 April 4 , 2016 – 10 00 am Continued Commissioner Barbour commented there is no question that this is a safety issue and he hopes the Department of Transportation can get the commitments they need from all parties Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution RESOLUTION Requesting the North Carolina Department of Transportation to Fund and Construct School Access Improvements at River Dell Elementary WHEREAS , the North Carolina Department of Transportation promotes the wellbeing and safe public travel for communities across the State by providing new roadways , improvements to existing roadways , roadway maintenance , and public transportation ; and WHEREAS , the Johnston County Board of Commissioners considers the general safety of the motoring public as well as the safe and efficient ingress and egress access at all Johnston County school facilities in the utmost of importance ; and WHEREAS , certain conditions now exist along Buffalo Road in the vicinity of River Dell Elementary School that create unsafe conditions for students , parents , pedestrians , school staff , and the traveling public during school hours ; and WHEREAS , the Department of Transportation has requested the Johnston County Board of Commissioners to support and endorse their efforts to fund and construct needed improvements at River Dell Elementary to mitigate the current unsafe conditions NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners does hereby support and endorse the North Carolina Department of Transportation’s efforts to fund and construct the necessary transportation improvements at River Dell Elementary School in support of assuring safe roadway conditions th Adopted this the 4 day of April , 2016 6 Alcohol Referendum Discussion and Possible Adoption of Resolution Chairman Tony Braswell stated the discussion regarding a possible alcohol referendum was placed on the agenda after the Board received requests from citizens at the March 7 , 2016 meeting to be allowed to vote on the issue Chairman Braswell stated he is aware that there are some members of the audience that would like to speak on the issue and he asked for those that wished to speak to come forward Reverend Mark Creech , representing the Christian Action League of North Carolina , provided the Board with a brief background on the Christian Action League noting they have a fulltime presence in the North Carolina General Assembly and work closely with lawmakers on many issues , one of which is the State’s alcohol policy Mr Creech stated their work is not prohibitionist in nature , but is more about helping the public and policymakers understand that alcohol is not an ordinary commodity He continued that it is a product which is uniquely and inherently problematic and poses risks to health and public safety which is something that business interests often lose sight of in their pursuit of prospective profits Mr Creech spoke on how the statistics grow worse each year as it relates to the dissolution of family life , underage drinking and negative adolescent brain development , academic failure in college , alcohol related unintentional injuries , and other such problems Mr Creech also spoke on the financial burdens associated with alcohol problems which he stated ultimately all must pay for whether an individual drinks or not Mr Creech stated he trusts that whenever a proposal is on the table that would provide the opportunity for a greater alcohol outlet , that there is much more to be considered than simply a business’s bottom line Mr Creech stated he believes it would be presumptuous of the Board to subjectively determine that Johnston County citizens would approve of them placing a county - wide alcohol referendum on the ballot without first giving the citizens the full opportunity to express their feelings Mr Creech suggested one way to determine the will of the County is through the petition route in that a petition requesting an election would have to be signed by at least 35 of the registered voters in the County that would then go directly to the Board of Elections Mr Creech stated if the Board chooses not to use the petition method , then he would recommend the Board hold a public hearing on the question before taking any action Mr Creech stated he is also a citizen of Johnston County and he asked the Board to move very carefully on the issue as it could deeply impact the lives of many Rev Dr Wendy May , 1577 Davis Homestead Road , Selma , stated she is a 30 - year activist for equality for everyone and Johnston County currently does not have equality as it relates to the sale of alcohol Dr May spoke on how the businesses of Johnston County suffer because they do not have the ability to compete with stores inside municipal limits that are allowed to sell alcohol Dr May stated this is not about statisticsPage0125 April 4 , 2016 – 10 00 am Continued associated with alcohol in that people will find a way to purchase it anyway She stated by putting the issue on a ballot it allows the citizens of the County to speak Chairman Braswell stated the matter at hand is whether or not the Board adopts a resolution authorizing the Johnston County Board of Elections to hold a referendum Upon a question by Commissioner Ted G Godwin , County Attorney Jennifer Slusser stated the General Statutes do not establish a time limit as to when the Board would need to make a decision ; however , the Board of Elections has informed staff they would need to know by the June July time frame in order to get ballots printed in time for the November election Commissioner Godwin stated both speakers had good points in their comments and he noted the Board has said that allowing the citizens to vote would be the ultimate public hearing ; however , he questioned how the Board could really know if the people even want to have a referendum Commissioner Godwin asked is calling for a referendum being seen as pro - alcohol and not calling for it seen as anti - alcohol Commissioner Godwin stated he would like more time to get more input from citizens Chairman Braswell stated he does not see any action taken by the Board to call for or not call for a referendum as being a statement for or against alcohol , in that the Board would simply be deciding on whether to allow citizens to vote on the issue or not Commissioner Allen L Mims , Jr stated he has heard more from citizens than businesses on the issue who indicated to him that it is something they support Commissioner Mims stated he does not mind waiting to get more input like Commissioner Godwin suggested , but he noted that often citizens either do not have the time or make the time to attend a Board meeting or contact the Commissioners with their opinions Commissioner Chad M Stewart stated he believes it is an issue of fairness and all stores being allowed to sell the same products Commissioner Stewart agreed that the true public hearing is allowing the people to vote on the issue Upon questions by the Board , Ms Slusser reviewed a draft resolution with the Board outlining all the options available that could be considered for a referendum , as follows Malt Beverages 1 To permit the on - premises and off - premises sale of malt beverages [ ] FOR [ ] AGAINST 2 To permit the on - premises sale only of malt beverages [ ] FOR [ ] AGAINST 3 To permit the off - premises sale only of malt beverages [ ] FOR [ ] AGAINST Unfortified Wine 1 To permit the on - premises and off - premises sale of unfortified wine [ ] FOR [ ] AGAINST 2 To permit the on - premises sale only of unfortified wine [ ] FOR [ ] AGAINST 3 To permit the off - premises sale only of unfortified wine [ ] FOR [ ] AGAINST Commissioner Mims noted there are a few townships in the County that already allow the sale of alcohol as well as the towns and he asked if a County vote would affect those towns and townships Ms Slusser reported that any vote taken by the County would not affect the towns or townships pursuant to NCGS § 18B - 604 b which states “ If a majority of voters vote in favor of certain alcoholic beverage sales in a county election , sale of that kind of alcoholic beverage shall be lawful throughout the county , regardless of the vote in any city or township at that or any previous or subsequent election , and regardless ofPage1126 April 4 , 2016 – 10 00 am Continued any local act making sales unlawful in that city or township , unless the local act was ratified before the effective date of Article II , Section 24 1 j of the Constitution of North Carolina A county malt beverage or unfortified wine election in favor of a particular ballot proposition which is more restrictive than the form of sale already allowed in a city or township within that county shall not affect the legality of those previously authorized sales in the city or township ” The Commissioners continued to discuss which options could be placed on the ballot should the Board decide to adopt a resolution authorizing the referendum The Board also discussed possibly tabling the matter to allow additional time to review all the available options with the County Attorney Motion to Table until the May 2 , 2016 10 00 am Meeting Following discussion , Commissioner Allen L Mims , Jr moved the Board table the item until the May 2 , 2016 10 00 am meeting to allow the County Attorney time to gather more information regarding all the available options as well as more time to receive citizen input Commissioner Ted G Godwin seconded the motion Discussion Commissioner Jeffrey P Carver noted there are multiple options to consider and stated he would like to receive some kind of recommendation as to what the Board could vote on in May Commissioner DeVan Barbour agreed to work with the County Attorney to look at all the options available and bring the information back to the Board Vote The motion carried by unanimous vote 7 Department of Social Services – Proclamation – Child Abuse Prevention Month – April 2016 Director of Social Services Tina Corbett along with DSS staff members Robert Tarpey , Crystal Campbell , and Elizabeth Gore requested the Board to adopt a proclamation proclaiming the month of April 2016 as Child Abuse Prevention Month in Johnston County Mr Tarpey stated they will be holding a ceremony to recognize Child Abuse Prevention Month in the DSS parking lot at 5 00 pm on April 5 , 2016 and he invited the Board to attend the ceremony Commissioner DeVan Barbour stated he serves on the DSS Board and he commended the DSS employees for their work Commissioner Barbour stated child abuse is a growing and very sad issue and more awareness needs to be generated to help prevent the problem Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board adopted the following proclamation for Child Abuse Prevention Month Child Abuse Prevention Month Proclamation Whereas , children are vital to our County and State’s future success , prosperity , and quality of life as well as being our most vulnerable assets ; and Whereas , all children deserve to have safe , stable , nurturing , and healthy homes and communities that foster their well - being ; and Whereas , child abuse and neglect is a public responsibility affecting both the current and future quality of life ; and Whereas , parents need support and resources to cope with stress and nurture their children to grow to their full potential ; and Whereas , effective child abuse prevention strategies succeed because of partnerships created among citizens , human service agencies , schools , faith communities , health care providers , civic organizations , law enforcement agencies , and the business community Now , Therefore , the Johnston County Board of Commissioners does hereby proclaim April 2016 as Child Abuse Prevention Month in Johnston County and calls upon all citizens , community agencies , faith groups , medical facilities , elected officials and businesses to increase their participation in our efforts to support families , thereby preventing child abuse and strengthening the communities in which we live th Adopted this the 4 day of April , 2016 Page2127 April 4 , 2016 – 10 00 am Continued 8 Emergency Services – Approval to Purchase Mobile and Portable P - 25 Radios Emergency Services Assistant Director Paul Whitehurst reported in order to complete the final purchase of P - 25 compliant 800 MHz radios , Johnston County Emergency Services is requesting the Board of Commissioners to approve expenditures of 800,00000 to cover the remaining mobile and portable radios for fire department rolling stock Mr Whitehurst explained the mobile and portable radios will be purchased through North Carolina 725G - Term - Contract 0402007 - 2 from Communications International He stated Communications International is an authorized vendor meeting the scope of the 725G - 2 - way Radio Communications Equipment contract Within the scope of the contract the equipment to be purchased by Johnston County meets the equipment items including parts accessories for 800 MHz mobile and portable radios Mr Whitehurst stated this will complete the replacement of fire service mobile and portable radios that were not covered under the grants previously received At the request of Chairman Tony Braswell , Mr Whitehurst reported there were two grants that helped to offset the purchase of the radios for the fire departments in the total amount of approximately 12 million Mr Whitehurst stated the grants were able to save the County tremendously with the replacement radios Commissioner Ted G Godwin asked about costs for maintenance contracts Mr Whitehurst stated the radios will come with a one year warranty and it will be up to the individual fire departments to negotiate additional extended warranties with Communications International County Manager Rick Hester stated funds are available in the current budget to pay for these radios which were not covered by the grants At the request of Commissioner Allen L Mims , Jr , Director of 911 - Communications Jason Barbour provided the Board with a brief explanation on the type of radios being purchased Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the purchase of the P - 25 complaint 800 MHz radios from Communications International in an amount up to 800,000 to cover the remaining mobile and portable radios for the fire department rolling stock and further authorized the County Attorney and the County Manager to finalize the contract purchase documents 9 Human Resources – Update on Fair Labor Standards Act and Job Evaluation Study Human Resources Director Lu Hickey explained that the Department of Labor is proposing changes to the Fair Labor Standards Act which governs exempt and non - exempt classifications She stated the proposed rule focuses primarily on updating the salary threshold levels needed for executive , administrative , and professional workers to be classified as exempt Ms Hickey stated because of these changes , staff is requesting the Board to approve a proposal from The Mercer Group , Inc to complete a job evaluation study at a cost of 40,750 Ms Hickey stated the final rules could be published as early as mid - May with an implementation date being sometime in July Ms Hickey stated the study would also update the job descriptions as well as ensure the County is meeting federal guidelines and the Americans with Disabilities Act Upon questions by Commissioner Ted G Godwin , Ms Hickey stated the study will help the County determine whether or not to classify certain job descriptions that are currently near the proposed salary threshold as exempt or non - exempt as it relates to paying overtime Upon a question by Chairman Tony Braswell , Finance Director and Assistant County Manager Chad McLamb stated funds are available in the current budget to cover the cost of the study Commissioner Godwin asked what would happen after the study has been completed County Manager Rick Hester stated staff would bring the findings of the study back to the Board once they are complete Mr Hester also stated there could be impacts to the budget which the Board would see during the upcoming budget discussions Ms Hickey also noted that the job classifications have not been reviewed in their entirety since 1998 and the study will make sure all the classifications are updated to meet the federal standards Page3128 April 4 , 2016 – 10 00 am Continued Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the proposal from The Mercer Group , Inc to complete a job evaluation study at a cost of 40,750 for the County 10 Public Utilities – Wastewater Treatment Plant Expansion Study Director of Utilities Chandra Coats , PE reported the Johnston County Regional Wastewater Treatment Plant is currently rated at 95 MGD and based on the 2015 average daily flow 593 MGD , existing capacity commitments , and projected demands staff feels that planning for the next expansion should begin Ms Coats stated the “ Johnston County Wastewater Collection and Treatment Facilities Improvements Engineering Report ” prepared by Hazen and Sawyer Engineers dated December 2006 should be updated to identify options , alternatives and recommendations for treatment , in addition to cost estimates for each alternative related to the improvements Ms Coats stated in order to begin the study phase a capital project budget would need to be adopted Ms Coats presented the following proposed budget Following is the proposed budget Study and Preliminary Engineering 150,00000 Total Project Cost 150,00000 Funding for the proposed project is as follows Transfer from ECIA WW Project 208516 80,00000 Wastewater Fund 68 Appropriation 7000000 Total Project Funds 150,00000 The East Clayton Industrial Area ECIA project was completed under - budget Funds remaining in the project budget were originally budgeted from Fund 68 Ms Coats requested approval of the proposed project budget and associated budget revisions Commissioner Jeffrey P Carver moved the Board approve the proposed project budget as listed above and approve the following budget revisions for the wastewater treatment plant expansion study Commissioner Ted G Godwin seconded the motion which carried unanimously REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85161800 Construction 19,67400 20 85167406 Contingency Construction 60,32600 20 85169023 Transfer to Other Funds 80,00000 TOTAL NET EXPENDITURES - 0 - REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE TOTAL NET REVENUE REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 68 79009023 Transfer to Other Funds 70,00000 TOTAL NET EXPENDITURES 70,00000 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 68 790033990 Fund Balance Appropriated 70,00000 TOTAL NET REVENUE REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85220406 Technical Services 150,00000 TOTAL NET EXPENDITURES 150,00000Page4129 April 4 , 2016 – 10 00 am Continued REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 20 852237925 Transfer from Other Funds 150,00000 TOTAL NET REVENUE 150,00000 11 Public Utilities – Proposed Swift Creek Interceptor Project Director of Utilities Chandra Coats , PE explained that Johnston County Public Utilities is recommending that based on the existing and projected wastewater flows in the I - 40 NC 42 interchange area , the County’s existing Swift Creek Wastewater Pump Station located on NC 42 near Swift Creek should be upgraded to avoid future overloading of the existing station However , Ms Coats stated in order to improve efficiency , staff reports the station can be replaced with the construction of a new gravity sewer outfall and a regional wastewater pump station on Cornwallis Road Ms Coats recommended the County apply for a State Revolving Fund Loan for the proposed “ Swift Creek Interceptor Project ” She asked for the Board to consider adopting a resolution authorizing the submission of an application for a SRF loan and designating signatory authority to the County Manager Commissioner Cookie Pope moved the Board adopt the following resolution authorizing the submission of an application for a State Revolving Fund Loan and designating signature authority to the County Manager for the Swift Creek Interceptor Project Commissioner Ted G Godwin seconded the motion which carried unanimously RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS , The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 NCGS 159G have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of a wastewater collection system project , and WHEREAS , The Johnston County has need for and intends to construct a wastewater collection project described as Swift Creek Interceptor , and WHEREAS , The Johnston County intends to request state loan and or grant assistance for the project , NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISIONERS OF JOHNSTON COUNTY That Johnston County , the Applicant , will arrange financing for all remaining costs of the project , if approved for a State loan and or grant award That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation , maintenance , and administration of the system and the repayment of all principal and interest on the debt That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer , upon failure of the Johnston County to make scheduled repayment of the loan , to withhold from the Johnston County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof That Rick J Hester , County Manager , the Authorized Official , and successors so titled , is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan or grant to aid in the construction of the project described above That the Authorized Official , and successors so titled , is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That the Applicant has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto Adopted this the April 4 , 2016 at Smithfield , North Carolina Page5130 April 4 , 2016 – 10 00 am Continued 12 Finance – Resolution Providing for the Issuance of Up to 27,000,000 General Obligation Public Improvement Bonds , Series 2016 Debt and Grant Management Analyst Martha Lasater requested the Board to adopt a resolution providing for the issuance of 20,500,000 general obligation school bonds and 6,500,000 general obligation community college bonds Ms Lasater reported these bonds represent the third and final series of bonds to be issued from the bonds approved by the voters in November 2013 Ms Lasater also requested the Board to adopt the accompanying capital project ordinance 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 PROVIDING FOR THE ISSUANCE OF UP TO 27,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS , SERIES 2016 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 a i That an order the “ School Bond Order ” authorizing not exceeding 57,000,000 General Obligation School Bonds the “ School Bonds ” was adopted by the Board for the County on August 5 , 2013 , which School Bond Order was approved by the vote of a majority of the qualified voters of said County who voted thereon at a special referendum duly called and held on November 5 , 2013 a ii That 18,500,000 of the Bonds authorized to be issued by the School Bond Order have been issued , designated as “ General Obligation Public Improvement Bonds , Series 2014 , ” that 18,000,000 of the Bonds authorized to be issued by the School Bond Order have been issued , designated as “ General Obligation School Bonds , Series 2015 , ” that no notes have been issued in anticipation of the receipt of the proceeds of the sale of said School Bonds , and that it is necessary to issue at this time the remaining 20,500,000 of said School Bonds in accordance with the provisions of Section 2 of this resolution a iii That the maximum period of usefulness of the facilities to be financed with the proceeds of said School Bonds to be issued is estimated as a period of 40 years from May 17 , 2016 , the date of said School Bonds , as hereinafter provided , and that such period expires on May 17 , 2056 b i That an order the “ Community College Bond Order ” authorizing not exceeding 7,000,000 General Obligation Community College Bonds the “ Community College Bonds ” was adopted by the Board for the County on August 5 , 2013 , which Community College Bond Order was approved by the vote of a majority of the qualified voters of said County who voted thereon at a special referendum duly called and held on November 5 , 2013 b ii That 500,000 of the Bonds authorized to be issued by the Community College Bond Order have been issued , designated as “ General Obligation Public Improvement Bonds , Series 2014 , ” that no notes have been issued in anticipation of the receipt of the proceeds of the sale of said Community College Bonds , and that it is necessary to issue at this time the remaining 6,500,000 of said Community College Bonds in accordance with the provisions of Section 2 of this resolution b iii That the maximum period of usefulness of the facilities to be financed with the proceeds of said Community College Bonds to be issued is estimated as a period of 40 years from May 17 , 2016 , the date of said Community College Bonds , as hereinafter provided , and that such period expires on May 17 , 2056 Section 2 Pursuant to the School Bond Order , there shall be issued bonds of the County in the aggregate principal amount of 20,500,000 Pursuant to the Community College Bond Order , there shall be issued bonds of the County in the aggregate principal amount of 6,500,000 The Bonds issued pursuant to this Section 2 shall be designated “ Public Improvement Bonds , Series 2016 ” and dated their date of delivery the “ Bonds ” The Bonds shall be stated to mature subject to the right of prior redemption as hereinafter set forth annually , February 1 , 500,000 2018 through 2022 , inclusive and 1,750,000 2023 through 2036 , inclusive ; provided , however , and notwithstanding the foregoing principal amortization schedule , the Chairman or Vice - Chairman of the Board , County Manager or Director of Finance , respectively , each acting on behalf of the County , may determine in connection with the sale of the Bonds that , in lieu of the serial maturities set forth above , that one or more maturities of the Bonds will be issued as term bonds with annual installments of principal , together with such other changes to the remaining serial maturities of the Bonds , all as specified by the Chairman or Vice - Chairman of the Board , County Manager orPage6131 April 4 , 2016 – 10 00 am Continued Director of Finance , respectively , either before or after the opening of bids The Bonds shall bear interest at a rate or rates to be determined by the Local Government Commission of North Carolina at the time the Bonds are sold , which interest to the respective maturities thereof shall be payable on August 1 , 2016 or such other date as is designated by the County Manager or the Director of Finance in connection with the sale of the Bonds and semiannually thereafter on February 1 and August 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 Bonds until payment of such principal sum 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 Bonds initially will be issued 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 will recognize the Securities Depository Nominee or the Securities Depository , as the case may be , while the registered owner of the Bonds , as the owner 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 mentioned hereinafter 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 princip
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