April 5, 2010 - 10:00 AM - County Board of Commissioners Meeting Minutes

Department: Board of Commissioners Type: Board Minutes Meeting date: Posted: File: April5_10am.pdf

This PDF document may not meet current accessibility standards (WCAG 2.1 AA) and may not be fully usable with assistive technologies.

If you require access to the information in a more accessible format, please e-mail webstaff@johnstonnc.gov and we will provide an alternative version as soon as possible. A machine-generated text version is also available below.

We apologize for any inconvenience and appreciate your understanding as we work toward full accessibility compliance.

Open PDF in new tab Download Text version

If the document does not display above, download the PDF.

Text version (machine-generated from the PDF)
10 744 Meeting of the Johnston County Board of Commissioners April 5 , 2010 10 00 am The Johnston County Board of Commissioners met in regular session Monday , April 5 , 2010 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Absent W Ray Woodall Also Present Paula G Woodard , Clerk to the Board , J Chad McLamb , Finance Officer , David F Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 10 00 am Commissioner Cookie Pope opened the meeting with a prayer Commissioner Allen L Mims , Jr led those in attendance in the pledge of allegiance to the American flag Chairman Stewart noted the absences of Commissioner W Ray Woodall and County Manager Rick J Hester due to illnesses 1 Approval Discussion of Agenda Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , 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 Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – March 1 , 2010 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 Carolina Oaks Avenue Extension SR 3143 , Terrace Oaks Court and Garden Oaks Drive – Forest Oaks Subdivision – Phase 2 – Elevation Township C Proclamation – National Public Safety Telecommunicator’s Week – April 11 - 17 , 2010 The Board adopted the following proclamation declaring the week of April 11 - 17 , 2010 as National Public Safety Telecommunicator’s Week in Johnston County National Public Safety Telecommunicator’s Week April 11 - 17 , 2010 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 ; 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 ; WHEREAS , the Telecommunicators are trained , prepared and ready ; the safety of our police officers , firefighters and EMS personal are dependent upon the quality and accuracy of information obtained from citizens who telephone the Johnston County E - 911 Communications Center ; WHEREAS , Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services ; 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 ; 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 ; WHEREAS , each Telecommunicator has exhibited compassion , understanding and professionalism during the performance of their job ;Page745 April 5 , 2010 – 10 00 am Continued WHEREAS , National Telecommunicator’s Week will serve to recognize the Telecommunicators of Johnston County who provide a vital public safety service ; THEREFORE BE IT RESOLVED , that the Board of Commissioners of the County of Johnston , hereby proclaim and th th declares the week of April 11 – 17 , 2010 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 Signed this 5 day of April , 2010 D Proclamation – Litter Sweep Spring 2010 – April 17 , 2010 through May 1 , 2010 The Board adopted the following proclamation declaring April 17 , 2010 through May 1 , 2010 as Litter Sweep Spring 2010 in Johnston County PROCLAMATION SPRING LITTER SWEEP 2010 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 2010 LITTER SWEEP roadside cleanup will take place April 17 through May 1 , 2010 , 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 nd Anniversary of the North Carolina Adopt - A - Highway WHEREAS , the 2010 spring cleanup will celebrate the 22 program and its 5,750 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 17 through May 1 , 2010 as LITTER SWEEP time in Johnston County , and encourages all citizens to take an active role in making their communities cleaner th Adopted this the 5 day of April , 2010 E Town of Wilson’s Mills – Appointment to Planning Board Per the request of the Town of Wilson’s Mills , the Board appointed Gordon Ray Stevens of 276 Vinson Road , to the Wilson’s Mills Planning Board representing the ETJ area of the Town F Tax Releases & Refunds – 02 16 2010 – 03 15 2010 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2009 1002 - 039503 0911 - 035521 MURPH , JAN POOLE Release 15231 2007 0710 - 686981 0707 - 756721 ALLEN , EVA MARIE Overpayment 19231 2009 0908 - 958493 0905 - 081334 CONROY , JAY MATTHEW Overpayment 31378 2008 0904 - 907741 0901 - 016886 WILLIAMS , MANUEL LEE Overpayment 14921 2009 0911 - 006550 0908 - 128012 MTM TRANSPORTATION , INC Overpayment 21666 2009 0908 - 970089 0905 - 085429 DCFS TRUST Tag Surrender 12910 2009 1002 - 046701 0911 - 033184 TIPPETT , ROBERT LEHMAN Release 12065 2009 0911 - 012153 0908 - 127044 INERGY PROPANE LLC Release 31369 2009 0912 - 020411 0909 - 008737 SAVILLE , DONALD PEYTON Release 30774 2009 0911 - 006615 0908 - 125786 POWELL , BRIAN LEWIS Overpayment 12422 2009 0912 - 017526 0909 - 008362 HAMILTON , ROBERT WILLIAM Overpayment 14092 2009 0909 - 971935 0906 - 097772 ALTMAN , DEBORAH ANN Overpayment 11159 2008 0905 - 916376 0902 - 038558 AMERSON , REBECCA WAYNETT Overpayment 12880 2008 0903 - 901271 0812 - 012139 BLANCO , VICTOR JAVIER Overpayment 10840 2008 0905 - 925764 0902 - 033979 BOSS , DAVID BATCHELOR Overpayment 10145 2009 0909 - 975128 0906 - 097730 CHAMPAGNE , ARTY JAMES Overpayment 14139 2009 0909 - 970850 0906 - 091541 COVINGTON , TODD Overpayment 15525 2008 0901 - 872936 0810 - 982186 DOMINA , SHANON DOE Overpayment 14000 2008 0904 - 905937 0901 - 021556 DRIVER , JOY EVELYNN Overpayment 13195 2009 0909 - 972598 0906 - 095180 DUNN , REGINALD ANTHONY Overpayment 15489 Page746 April 5 , 2010 – 10 00 am Continued 2009 0908 - 967118 0905 - 073465 DUNSTON , MESHAW DANIELLE Overpayment 12003 2005 0509 - 373622 0506 - 424360 HOLDER , TEIRA CHARMAYNE Overpayment 10444 2008 0811 - 857492 0808 - 956640 HOLDER , LATOYA LAWANDA Overpayment 18400 2009 0908 - 963027 0905 - 083451 HOLLIDAY , JIMMY RAY Overpayment 22744 2009 0907 - 945871 0904 - 067889 JONES , JENNIFER TRUAX Overpayment 12544 2008 0905 - 927779 0902 - 035453 LUMPKIN , JAMES EDWARD Overpayment 16288 2009 0907 - 950605 0904 - 067695 MANGARO , LAWRENCE BARRETT Overpayment 16483 2008 0905 - 926445 0902 - 038807 MARLOW , JASON DALE Overpayment 10687 2009 0909 - 971349 0906 - 090501 NAPIER , ROBERT NICHOLAS Overpayment 10200 2009 0908 - 967761 0905 - 074827 OLMSTEAD , JR , ROGER LEROY Overpayment 21637 2008 0904 - 913989 0901 - 024590 PARRISH , CHASITY DAWN Overpayment 11761 2008 0903 - 893247 0812 - 011099 PARTIN , JOHNNY MATTHEW Overpayment 15935 2009 0909 - 981880 0906 - 098981 PEREZ , ALEJANDRO LEON Overpayment 29373 2009 0907 - 946733 0904 - 068849 ROUSE , CRYSTAL GRANGER Overpayment 15123 2009 0909 - 971505 0906 - 098962 RUIZ , PAULA Overpayment 12736 2009 0909 - 980498 0906 - 097457 SANDERS , MILDRED BELL Overpayment 12567 2009 0909 - 978831 0906 - 098271 SHIRLEY , BOBBIE JEAN Overpayment 10062 2009 0909 - 974252 0906 - 099595 SIMS , SHAWN WILLIAM Overpayment 10279 2008 0901 - 882017 0810 - 985462 STRICKLAND , MICHAEL TOMMY Overpayment 11043 2007 0712 - 715096 0709 - 789622 WHITMAN , SHAUN MICHAEL Overpayment 38041 2009 0909 - 980761 0906 - 093626 WILLIAMS , JENNIFER LEE Overpayment 14970 2008 0906 - 939316 0903 - 047650 WINSTEAD , MICHELLE DAWN Overpayment 24021 2009 0912 - 018606 0909 - 011805 JORDAN , JR , JAMES FRANCIS Release 15962 2009 0909 - 981880 0906 - 098981 PEREZ , ALEJANDRO LEON Void Refund 29373 2009 0909 - 980498 0906 - 097457 SANDERS , MILDRED BELL Void Refund 12567 2009 0907 - 947414 0904 - 070011 B B FORE INC Overpayment 19840 2009 0909 - 980864 0906 - 096638 BB FORE INC Overpayment 18787 2009 0909 - 974981 0906 - 099707 B B FORE INC Overpayment 11125 2009 0911 - 999678 0908 - 122320 BBFORE INC Overpayment 18705 2009 0909 - 970850 0906 - 091541 COVINGTON , TODD Void Refund 15525 2009 0907 - 945175 0904 - 065813 COVINGTON , KEVIN BRANT Overpayment 17277 2008 0810 - 835310 0807 - 946784 B B FORE INC Overpayment 11119 2009 0909 - 981413 0906 - 095199 HICKS , LARRY GENE Tag Surrender 21029 2009 0907 - 946170 0904 - 065194 MCBRIDE , EMERALD ESTELLE Overpayment 10274 2009 0912 - 018112 0909 - 010215 ALLEN , GLEN BRUCE Overpayment 15877 2009 1002 - 041552 0911 - 033812 MELLO , SCOTT ALLEN Release 10047 2008 0905 - 919951 0902 - 035590 VT INC AS TSTEE WOLT Tag Surrender 13519 2008 0906 - 938521 0903 - 043142 HENRY , WILLIAM KARL Overpayment 13533 2009 0911 - 003026 0908 - 120307 SANDERS , MARY DUNN Overpayment 11793 2009 0912 - 016099 0909 - 008940 MATTHEWS , TERESA POWELL Overpayment 12847 2009 0912 - 016099 0909 - 008940 MATTHEWS , TERESA POWELL Void Refund 12847 2009 0910 - 990753 0907 - 110013 MESSER , EDWARD LEROY Overpayment 14747 2008 0906 - 936582 0903 - 050188 BOYKIN , CHAD BRUCE Overpayment 21292 2009 0908 - 966388 0905 - 079156 SMITH , PETER MICHAEL Overpayment 10597 2009 0909 - 973538 0906 - 100512 MCADAMS , JR , JOSEPH BAILEY Overpayment 21431 2009 0912 - 013315 0909 - 003540 POOLE , BETTY KING Overpayment 11549 2009 0912 - 016727 0909 - 009361 SPREITZER , SR , WILLIAM J Overpayment 10846 2009 0907 - 946764 0904 - 067356 SALDANA , DANIEL EDUARDO Overpayment 13518 2009 0907 - 951059 0904 - 069134 HASKINS , CAROL LOUISE Overpayment 10200 2008 0905 - 926856 0902 - 033792 RYDER , PAUL GLENN Overpayment 11590 2009 0907 - 944995 0904 - 068276 BUNN , NANCY SMITH Overpayment 12533 2008 0812 - 860159 0809 - 975515 BRYANT , LATASHA RICHARDSON Overpayment 17714 2009 0910 - 987020 0907 - 109863 VANN , DARYLL WAYNE Overpayment 22741 2009 0910 - 994527 0907 - 104252 ROBINSON , BRODERICK KEITH Overpayment 16412 2009 0907 - 945004 0904 - 070447 BURNS , LTANYA FAYE Overpayment 16377 2008 0906 - 938100 0903 - 041270 BELAND , JR , RICHARD ERWIN Overpayment 13349 2009 0910 - 995942 0907 - 110198 ANDERSON , RALPH JOHNNY - KEITH Overpayment 11198 2009 0909 - 975563 0906 - 091330 PARKER , ANN HAYES Overpayment 10080 2008 0902 - 892017 0811 - 998374 DENNING , SHAWN AVERY Overpayment 12100 2006 0609 - 523881 0606 - 581435 CARROLL , LYNDSAY BROOKE Overpayment 12800 2009 0909 - 978200 0906 - 099289 GARDNER , CAROL STALLINGS Overpayment 10570 2009 0909 - 975577 0906 - 098842 PARKER , JOHNNY ROGER Overpayment 18972 2008 0903 - 896213 0812 - 010735 SHAW , BRIAN WATSON Overpayment 13956 2009 0908 - 967776 0905 - 080769 OVERBY , BRANDON DAVID Overpayment 19713 2009 0907 - 944995 0904 - 068276 BUNN , NANCY SMITH Void Refund 12533 2009 0909 - 972280 0906 - 095432 CARROLL , JUDY HUDSON Overpayment 17563 Page747 April 5 , 2010 – 10 00 am Continued 2009 0907 - 948389 0904 - 062066 ALLEN , KIRSTEN SORGER Overpayment 17274 2009 0908 - 962867 0905 - 083073 TOMAINO , CHRISTOPHER MICHAEL Overpayment 13580 2002 0208 - 965199 0205 - 222401 MOSES , MONIQUE LYNETTE Overpayment 10703 2008 0906 - 930570 0903 - 053986 ARMSTEAD , LASHONDA VIREE Overpayment 13018 2009 0909 - 974191 0906 - 099082 SANTIAGO , GUILLERMO Overpayment 14654 2009 0909 - 972572 0906 - 089736 DOWGIALLO , ROBERT CHARLES Overpayment 20057 2009 0908 - 964267 0905 - 075622 MILES , JR , JOSEPH AUBREY Overpayment 14002 2008 0906 - 930766 0903 - 054383 BOYD , HERBERT RAY Overpayment 12048 2008 0906 - 941010 0903 - 052429 WATSON , VALESHIA BONETTE Overpayment 28286 2008 0905 - 921418 0902 - 038614 EDWARDS , MICHAEL DEON Overpayment 11219 2008 0901 - 879047 0810 - 982834 KING , ANTHONY DOUGLAS Overpayment 10708 2009 0908 - 963188 0905 - 085179 BUNDY , CHAD EDGAR Overpayment 10152 2009 0909 - 973644 0906 - 096214 MINSCHEW , JAMES WILLIAM Overpayment 15457 2009 0909 - 971541 0906 - 090981 SMITH , ADRIAN LEE Overpayment 10800 2009 0910 - 995137 0907 - 111795 HARDIN , CHRISTOPHER WAYNE Overpayment 19867 2008 0904 - 913273 0901 - 023168 CRUMPLER , BEN CALVIN Overpayment 14860 2009 0910 - 994527 0907 - 104252 ROBINSON , BRODERICK KEITH Overpayment 17912 2009 0909 - 985270 0904 - 060554 MATTOCKS , DONNA MICHELE Overpayment 11434 2009 0909 - 985270 0904 - 060554 MATTOCKS , DONNA MICHELE Void Refund 11434 2009 0909 - 985270 0904 - 060554 MATTOCKS , DONNA MICHELE Overpayment 11435 2009 0909 - 975648 0906 - 095233 REDDICK , TAWANA OLIVIA Overpayment 12703 2008 0810 - 836110 0807 - 945331 THOMAS , JOSHUA HOLT Overpayment 12654 2009 0909 - 975768 0906 - 099287 TAYLOR , SALLIE ATKINSON Overpayment 13583 2009 0907 - 945633 0904 - 067132 HARGETT , DONALD ARTHUR Overpayment 24552 2009 0908 - 967572 0905 - 081256 LYNN , SHELIA DENISE Overpayment 15554 2008 0904 - 914241 0901 - 019951 STANLEY , CONNIE MAE Overpayment 11162 2001 0201 - 890283 0110 - 143045 GREENE , YOLANDA LATRICE Overpayment 23258 2009 0910 - 995942 0907 - 110198 ANDERSON , RALPH JOHNNY - KEITH Overpayment 12698 2009 0909 - 976971 0906 - 090250 WOOTEN , TIMOTHY MICHAEL Overpayment 23230 2008 0810 - 831897 0807 - 947959 ST PIERRE , NATALIE BEATRICE Overpayment 13026 2008 0906 - 932887 0903 - 055039 SMITH , ANWAAR RAUWSHAN Overpayment 13959 2006 0704 - 608936 0701 - 665360 WHITE , LEAH NICHOLE Overpayment 11036 2009 0909 - 979843 0906 - 095902 DIXON , GWENDOLYN JUANITA Overpayment 10662 2009 0910 - 987606 0907 - 111283 CANIPE , HEIDI GRACE Overpayment 19802 2003 0403 - 164918 0312 - 179007 JONES , TIMOTHY CARR Overpayment 20534 2009 0910 - 994252 0907 - 114732 BROWN , LISA FLOORS Overpayment 16813 2009 0909 - 973275 0906 - 098774 KEEN , JOSHUA ESTELLE Overpayment 12716 2009 0910 - 989460 0907 - 110728 SANDERS , MARCUS KEITH Overpayment 12155 2002 0302 - 028426 0211 - 028360 BOSWELL , JR , JAMES WILEY Overpayment 38958 2009 0910 - 988086 0907 - 114086 FORTE , MARY ANN Overpayment 19309 2009 0909 - 983488 0906 - 092041 MOZINGO , JEFFEREY SCOTT Overpayment 13817 2002 0301 - 014608 0210 - 018899 CONN , PHILLIP LEE Overpayment 11963 2008 0904 - 905393 0901 - 025773 ARMSTRONG , ATIYA ANTOINETTE Overpayment 11828 2009 0910 - 987042 0907 - 111417 WATT , DANIEL NATHAN Overpayment 22942 2009 0909 - 978200 0906 - 099289 GARDNER , CAROL STALLINGS Overpayment 12070 2009 0909 - 977983 0906 - 099580 WOOD , NICOLE HARRELL Overpayment 14401 2009 0909 - 981240 0906 - 093250 FAISON , III , WILLIE Overpayment 17153 2008 0906 - 941215 0903 - 051765 DRIVER , WINDY STRICKLAND Overpayment 10566 2008 0904 - 913503 0901 - 026033 HALES , SUMMER DAWN Overpayment 27050 2009 0909 - 975577 0906 - 098842 PARKER , JOHNNY ROGER Overpayment 20472 2009 0909 - 980776 0906 - 099035 WISE , BOBBY RAY Overpayment 20497 2009 0910 - 996681 0907 - 110582 JOHNSON , KEVIN TODD Overpayment 13117 2008 0905 - 920007 0902 - 035659 WELLINGTON , FELICIA Overpayment 10201 2007 0803 - 743663 0712 - 819212 MILLER , LISA MARIE Overpayment 13899 2001 0204 - 925201 0201 - 178170 DAVIS , JACQUELIN Overpayment 14573 2009 0908 - 965141 0905 - 084097 JONES , SARA MACKENZIE Overpayment 18577 2003 0311 - 131290 0308 - 130420 EDMUNDSON , JAMIE CHRISTINA Overpayment 13054 2008 0904 - 910981 0901 - 017091 WILSON , JOHN WESSON Overpayment 10350 2009 0908 - 958334 0905 - 081745 BUSHEE , SHARON MULLIGAN Overpayment 23558 2009 0909 - 972104 0906 - 100453 BEST , PAMELA JACOBS Overpayment 15668 2002 0208 - 965761 0205 - 224933 SMITH , DEON ODONIS Overpayment 13993 2003 0309 - 108243 0306 - 110233 MATHENY , LOIS MAE Overpayment 14745 2009 0909 - 977330 0906 - 097385 ELLIOTT , SABRINA LOUISE Overpayment 15484 2009 0910 - 993641 0907 - 113890 RATKOWSKI , JR , MICHAEL THOMAS Overpayment 13534 2009 0907 - 944313 0904 - 068226 POLLARD , TERA STRONG Overpayment 25781 2008 0906 - 939240 0903 - 051966 WALTERS , JASON DONTES Overpayment 24322 PagePage pageNumber5748 April 5 , 2010 – 10 00 am Continued 2008 0904 - 912755 0901 - 025817 SANCHEZ , EMETERIO LANDEROS Overpayment 13079 2009 0907 - 947095 0904 - 069905 TITUS , ERIC RYAN Overpayment 15165 2008 0906 - 933095 0903 - 054567 TOMPKINS , RAKEL GARDNER Overpayment 13908 2008 0905 - 919329 0902 - 035547 PENNY , ERICA ANN Overpayment 18409 2008 0906 - 937152 0903 - 052068 LAW , ADAM LAMONT Overpayment 17404 2008 0904 - 906170 0901 - 023020 GREEN , MARK ANTONY Overpayment 21382 2004 0505 - 330991 0502 - 367604 BATTEN , III , EDWARD RUFFIN Overpayment 14374 2007 0711 - 699941 0708 - 766804 HERNANDEZ , JOSE RAMON Overpayment 10568 2006 0611 - 549202 0608 - 605410 MENDOZA - RAMIREZ , JESUS Overpayment 13683 2009 0910 - 987042 0907 - 111417 WATT , DANIEL NATHAN Overpayment 21593 2009 1002 - 044978 0911 - 034064 GEORGE , RONNEAKA RENEE Release 11538 2009 0909 - 982299 0906 - 096815 WALES , MELISSA LYNNETTE Release 21168 2009 1002 - 042140 0911 - 032659 CUPP , JR , DENNIS HOWARD Release 11152 2009 0908 - 967573 0905 - 081441 LYTTLE , JR , CHARLES CHRISTOPHER Overpayment 25270 2009 0909 - 975914 0906 - 095523 ADAMS , LUCAS DAVID Overpayment 15049 2009 0911 - 007145 0908 - 125843 HYDEN , WILLAIM THOMAS Release 26145 2009 0909 - 970586 0906 - 095688 WHITE , MICHAEL STEPHEN Overpayment 13518 2009 1001 - 026178 0910 - 025473 GARRETT , JENNY CHRISTINE Overpayment 16661 2009 0909 - 972866 0906 - 095016 GREENE , MARGARET ANTOINETTE Overpayment 27844 2009 0909 - 977310 0906 - 092951 DICKERSON , STEVEN EARL Overpayment 14408 2009 0910 - 986245 0804 - 115506 CLARK , VICTORIA LYNN Release 12580 2009 1003 - 057587 0912 - 045020 EAST COAST EQUIPMENT Release 16782 2008 0906 - 929698 0903 - 050085 HOOVER , JANET MARIE Overpayment 22300 2009 1002 - 041672 0911 - 028851 RACKLEY , DANIEL ELLIS Release 10334 2009 1003 - 052564 0912 - 046367 CONNELLY , JR , MARVIN Overpayment 25232 2009 0912 - 017867 0909 - 005885 REDDICK , TAWANA OLIVIA Overpayment 11282 2009 1003 - 055400 0912 - 045079 CREECH , JUSTIN TYLER Release 27608 Real Personal Property Releases 2 18 2010 2009 - 024406 2000043429 DIXON , JAMES 21870 14 33 28 105 SHEILA 2 19 2010 2008 - 201090 2000058948 THORNTON , BONNIE 16577 11 36 49 105 SHEILA 2 22 2010 2008 - 200566 2000054013 TAP PROPERTIES , LLC 27077 15 29 13 105 SHEILA 2 26 2010 2010 - 200040 2000052874 MCLAMB , THERON LEVON 26898 14 11 12 121 CATHY 2 26 2010 2010 - 200041 2000052874 MCLAMB , THERON LEVON 25105 14 13 46 121 CATHY 2 26 2010 2010 - 200042 2000052874 MCLAMB , THERON LEVON 23312 14 16 23 121 CATHY 2 26 2010 2010 - 200043 2000052874 MCLAMB , THERON LEVON 21518 14 18 40 121 CATHY 2 26 2010 2010 - 200044 2000052874 MCLAMB , THERON LEVON 19725 14 20 40 121 CATHY 3 1 2010 2009 - 052185 2000129707 LEE , ROSE MARIE 49518 10 21 08 121 CATHY 3 1 2010 2008 - 050845 2000129707 LEE , ROSE MARIE 45016 10 22 16 121 CATHY 3 3 2010 2010 - 400621 2000126382 CLAYTON COMMUNITY CHURCH 26879 9 18 56 105 SHEILA 3 3 2010 2009 - 003139 2000054190 ASHLEY TURNER ENTERPRISES 51948 12 11 55 105 SHEILA 3 3 2010 2009 - 095695 2000083946 WOOTEN , HARRY ALLEN 34306 12 59 09 105 SHEILA 3 4 2010 2009 - 086958 2000138892 TRANSMONTAIGNE OPERATING 15,99754 16 18 44 121 CATHY 3 12 2010 2009 - 201286 2000050766 HERITAGE HOMES OF CLAYTON 1,46759 10 57 51 105 SHEILA 3 12 2010 2009 - 201287 2000050766 HERITAGE HOMES OF CLAYTON 1,46759 10 59 40 105 SHEILA 3 12 2010 2009 - 201288 2000050766 HERITAGE HOMES OF CLAYTON 1,46759 11 00 48 105 SHEILA 3 15 2010 2008 - 006584 2000131160 BARTLETT MILLING COMPANY 29,61709 14 59 39 121 CATHY 3 15 2010 2009 - 006808 2000131160 BARTLETT MILLING COMPANY 29,61709 15 05 55 121 CATHY Real Personal Property Refunds 2 22 2010 2009 - 007824 2000101787 BEASLEY , TIMOTHY GLENN 81808 13 53 53 0338 ALLISON 2 22 2010 2009 - 001281 2000117027 ALFORD , LUCIUS CARDELL 85600 14 37 45 0338 ALLISON 2 24 2010 2009 - 084157 2000134447 SWING , DORIS LOUVERA W LF 13455 7 45 54 121 CATHY 2 25 2010 2009 - 093476 2000036554 WILLIAMS , ROGER DALE 11367 7 47 10 121 CATHY 2 25 2010 2009 - 093478 2000036554 WILLIAMS , ROGER DALE 30255 7 47 26 121 CATHY 2 25 2010 2009 - 034328 2000134260 GUPTON , JEREMY G 19273 14 20 29 9999 LOCKBOX 3 1 2010 2009 - 011272 2000015936 BRASWELL , RICHARD C 82068 14 47 28 121 CATHY 3 2 2010 2009 - 030308 2000069660 FRED SMITH COMPANY 2,59650 14 10 53 212 JOHNNY 3 9 2010 2009 - 012142 2000104531 BRODERICK , ROBERT L 60676 14 15 36 9999 LOCKBOX 3 15 2010 2009 - 023771 24999560 DENNING , JOSEPH E 2,01423 9 40 44 189 TERI 3 15 2010 2008 - 006584 2000131160 BARTLETT MILLING COMPANY 29,61709 15 01 22 121 CATHY 3 15 2010 2009 - 006808 2000131160 BARTLETT MILLING COMPANY 29,61709 15 07 35 121 CATHY March 17 , 2010 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office PagePage pageNumber6749 April 5 , 2010 – 10 00 am Continued Totals from 02 16 10 to 03 15 10 Tax refunds - Personal Real Property 75834 Tax releases - Personal Real Property 3243 Motor Vehicle releases refunds 18,63849 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Public Comments A Recognition of Commissioner Tony Braswell by the RPO TAC AP Coleman , Chairman of the Upper Coastal Plains Rural Planning Organization Transportation Advisory Committee , and Daniel Van Liere , RPO Coordinator , presented a plaque to Commissioner Tony Braswell as a token of their appreciation for his past participation and service on the Rural Planning Organization Transportation Advisory Committee B John Raynor of Benson Selected by the Pittsburgh Pirates Major League Baseball Team Commissioner DeVan Barbour reported that John Raynor of Benson has been selected by the Pittsburgh Pirates major league baseball team Commissioner Barbour spoke on this tremendous accomplishment by Mr Raynor and suggested that a letter of congratulations be sent to Mr Raynor from the Johnston County Board of Commissioners C Recent Fire – Chatham County Courthouse Commissioner Cookie Pope asked everyone to remember the residents and officials in Chatham County She briefly spoke on the difficult time they are having due to the recent destruction of the old Chatham County Courthouse by fire 4 HAPP – Proposed FY 10 - 11 Streamlined Annual Plan and 2010 - 2014 Five Year Plan HAPP Director Sandra Norris briefly reviewed the proposed 2010 – 2011 streamlined annual plan combined with the 2010 – 2014 Five Year Plan and asked for the Board’s approval She noted there have been no changes to the plan other than updates to the goals and objectives Ms Norris offered to answer any questions Commissioner Cookie Pope stated one of the goals objectives of the plan is to either build or purchase an additional office building and lease their present space Commissioner Pope asked if this was a short term goal Ms Norris explained that the HAPP Office has funds in their reserves for the purposes of purchasing or building another office ; however , she stated it would depend on the availability of land and or suitable existing office buildings as to when they would move forward on the project Ms Norris reported that upon securing another office space , they plan to lease their existing space and apply the funds from the lease to helping additional families in the County At the inquiry of Commissioner Pope , Ms Norris reported the waiting list was last opened in April 2008 for two weeks with over 700 applications received during that period She stated at the beginning of each year the HAPP Office sends notices to those on the waiting list in an effort to update their records and remove any individuals that no longer require assistance She noted that after their last purge in 2009 , out of 500 people on the list , only 75 names were removed Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the 2010 – 2011 streamlined annual plan and the 2010 – 2014 Five Year Plan combined for the Housing Assistance Payment Program , as presented 5 Public Hearing – 10 15 am – Order Authorizing 190,000,000 Refunding Bonds Advertised in The Smithfield Herald – March 10 , 2010 Chairman Wade M Stewart opened the public hearing Martha Lasater , Debt and Grant Management Analyst for Johnston County , stated the purpose of the public hearing is to allow public comment on an order authorizing 190,000,000 refunding bonds Ms LasaterPagePage pageNumber7750 April 5 , 2010 – 10 00 am Continued reported the order would put in place the authorization to refund all or portions of six issues of the County’s outstanding bonds , if sufficient savings can be realized There being no further comments , the Chairman closed the public hearing After consideration of the public hearing , Commissioner Jeffrey P Carver , moved the adoption of the Bond Order entitled ORDER AUTHORIZING 190,000,000 REFUNDING BONDS Commissioner Cookie Pope seconded the motion and the Bond Order was passed and adopted by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Cookie Pope , Jeffrey P Carver , DeVan Barbour and Tony Braswell Nays None The Clerk to the Board of Commissioners was thereupon directed to cause said order to be published , together with the appended statement as required by The Local Government Bond Act , as amended , once in The Smithfield Herald On motion duly made by Commissioner Jeffrey P Carver , seconded by Commissioner DeVan Barbour and unanimously carried , the Board ratified and confirmed the appointment of McGuireWoods LLP and Davenport & Company , LLC , as bond counsel and financial advisor , respectively , with respect to said Refunding Bonds 6 Resolution Providing for Issuance of 86,665,000 GO Refunding Bonds , Series 2010A 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 86,665,000 GENERAL OBLIGATION REFUNDING BONDS , SERIES 2010A , 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 a That an order the “ 2010 Order ” authorizing 190,000,000 Refunding Bonds was adopted by the Board on April 5 , 2010 , which order has taken effect b That none of the Bonds authorized to be issued by the 2010 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 advance refund all or a portion of each maturity of the County’s outstanding Public Improvement Bonds , Series 2002 , dated March 1 , 2002 ; Public Improvement Bonds , Series 2002A , dated October 1 , 2002 ; School Bonds , Series 2003 , dated August 1 , 2003 ; Public Improvement Bonds , Series 2005 , dated August 1 , 2005 ; School Bonds , Series 2006 , dated July 15 , 2006 ; and Public Improvement Bonds , Series 2007 , dated August 7 , 2007 collectively , the “ Bonds To Be Refunded ” c That the prospective Bonds To Be Refunded financed , together with any other funds necessary , various public school and other public 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 , 2041 Section 2 Pursuant to the 2010 Order there shall be issued bonds of the County in an aggregate principal amount of 86,665,000 , with such amount subject to adjustment as hereinafter set forth , designated “ General Obligation Refunding Bonds , Series 2010A ” and dated their date of delivery , or such other date as may be designated by the County Manager or Director of Finance the “ Series 2010A 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 2010A Bonds by any amount , so long as such amount shall not exceed 190,000,000 , 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 2010A 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 , 3,035,000 2012 , 2,995,000 2013 , 2,960,000 2014 , 2,925,000 2015 , 4,395,000 2016 , 5,840,000 2017 , 7,765,000 2018 , 7,290,000 2019 , 11,290,000 2020 , 10,645,000 2021 , 9,700,000 2022 , 7,205,000 2023 , 7,105,000 2024 and 3,515,000 2025 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 2010A Bonds maturing at eachPagePage pageNumber8751 April 5 , 2010 – 10 00 am Continued 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 190,000,000 and no Series 2010A Bond shall mature later than December 31 , 2041 The Series 2010A 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 2010A Bonds are sold , which interest to the respective maturities thereof shall be payable on August 1 , 2010 or such other date as is designated by the County Manager or the Director of Finance in connection with the sale of the Series 2010A 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 Series 2010A 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 2010A 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 2010A 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 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 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 registered certificates in the denomination of 5,000 or any whole multiple thereof “ Certificated Bonds ” in exchange for the outstanding Bonds as required by the predecessor Securities Depository and others Upon the request of the Securities Depository , the County may also deliver one or more Certificated Bonds to any participant of the Securities Depository in exchange for Bonds credited to its account with the Securities Depository The County and the Bond Registrar shall be entitled to rely upon the instructions of the Securities Depository as to the appropriate parties entitled to receive Certificated Bonds For purposes of this resolution “ Securities Depository ” means The Depository Trust Company , New York , New York , or other recognized securities depository selected by the County , which maintains the book - entry system in respect of the Bonds authorized by this resolution , and shall include any substitute for or successor to the securities depository initially acting as Securities Depository For purposes of this resolution “ Securities Depository Nominee ” means , as to anyPagePage pageNumber9752 April 5 , 2010 – 10 00 am Continued Securities Depository , such Securities Depository or the nominee , if any , of such Securities Depository in whose name the Bond certificates shall be registered on the registration books maintained by the Bond Registrar during the continuation with such Securities Depository of the book - entry system authorized by this resolution The Depository Trust Company , New York , New York , is hereby appointed as the initial Securities Depository , and Cede & Co , a nominee thereof , is hereby appointed as the initial Securities Depository Nominee for the Bonds Unless indicated otherwise , the provisions of this resolution that follow shall apply to all Bonds issued or issuable hereunder , whether initially or in replacement thereof Section 5 The Bonds shall be executed with the manual or facsimile signatures of the Chairman or Vice Chairman of the Board and the Clerk to the Board , and the seal or a facsimile of the seal of the County shall be impressed or imprinted , as the case may be , on the Bonds The certificate of the Local Government Commission of North Carolina shall be endorsed on all Bonds , and shall bear the manual or facsimile signature of the Secretary of said Commission or on behalf of the Secretary by a Designated Assistant and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed as provided hereinafter In case any officer of the County or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds , such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery , and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond , although at the date of such Bond , such persons may not have been such officers No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon [ continued on next page ] Section 6 The Bonds and the endorsements thereon shall be in substantially the following form [ Front Side of Printed Bonds ] No R - ______ ______________ United States of America State of North Carolina COUNTY OF JOHNSTON , NORTH CAROLINA General Obligation Refunding Bonds , Series 2010A MATURITY DATE INTEREST RATE CUSIP _____________ __________________ ________ The County of Johnston , North Carolina the “ County ” , is justly indebted and for value received hereby promises to pay to _______________________________________________or registered assigns or legal representative on the date specified above or earlier as hereinafter referred to , upon the presentation and surrender hereof , at the office of the Director of Finance of the County , currently at Johnston County Office Building , 207 E Johnston Street , Smithfield , North Carolina 27577 the “ Bond Registrar ” , the principal sum of___________________________________________ DOLLARS and to pay interest on such principal sum from the date hereof or from the February 1 or August 1 next preceding the date of authentication to which interest shall have been paid , unless such date of authentication is a February 1 or August 1 to which interest shall have been paid , in which case from such date , such interest to the maturity hereof being payable on August 1 , 2010 and semiannually thereafter on February 1 and August 1 in each year , at the rate per annum specified above , until payment of such principal sum The interest so payable on any such interest payment date will be paid to the person in whose name this Bond or the previous Bond or Bonds evidencing the same debt as that evidenced by this Bond is registered 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 the bond registration books of the County Both the principal of and the interest on this Bond shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof For the prompt payment hereof , both principal and interest as the same shall become due , the faith and credit of the County are hereby irrevocably pledged [ Printed Bonds are to include the following paragraph ] ADDITIONAL PROVISIONS OF THIS BOND ARE SET FORTH ON THE REVERSE HEREOF AND SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE [ Reverse Side of Printed Bonds ] This Bond is one of an issue of Bonds designated “ General Obligation Refunding Bonds , Series 2010A ” the “ Bonds ” and issued by the County for the purpose of providing funds , with any other funds necessary , for refunding a portion of the County’s outstanding i Public Improvement Bonds , Series 2002 , dated March 1 , 2002 ; ii Public Improvement Bonds , Series 2002A , dated October 1 , 2002 ; iii School Bonds , Series 2003 , dated August 1 , 2003 ; iv Public Improvement Bonds , Series 2005 , dated August 1 , 2005 ; v School Bonds , Series 2006 , dated July 15 , 2006 ; and vi Public Improvement Bonds , Series 2007 , dated August 7 , 2007 This Bond is issued under and pursuant to The Local Government Bond Act , as amended , Article 7 , as amended , of Chapter 159 of the General Statutes of North Carolina , an order adopted by the Board of Commissioners the “ Board ” of the County which has taken effect as provided by law , and a resolution duly passed by the Board of the County the “ Resolution ” The Bonds maturing prior to February 1 , 20__ are not subject to redemption prior to maturity The Bonds maturing on February 1 , 20__ and thereafter may be redeemed , at the option of the County , from any moneys that may be made available for such purpose , either in whole or in part on any date not earlier than February 1 , 20__ , at a redemptionPage0753 April 5 , 2010 – 10 00 am Continued price equal to 100 of the principal amount of the Bonds to be redeemed , together with interest accrued thereon to the date fixed for redemption , without premium If less than all of the Bonds of any one maturity shall be called for redemption , the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot in such manner as the County in its discretion may determine ; provided , however , that the portion of any Bond to be redeemed shall be in the principal amount of 5,000 or some whole multiple thereof and that , in selecting Bonds for redemption , each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by 5,000 If less than all of the Bonds stated to mature on different dates shall be called for redemption , the particular Bonds or portions thereof to be redeemed shall be called in such maturities and amounts of those maturities as shall be determined by the County Not more than 60 days nor less than 30 days before the redemption date of any Bonds to be redeemed , whether such redemption be in whole or in part , the County shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed , postage prepaid , to the registered owner of each Bond to be redeemed in whole or in part at the address of said owner appearing upon the registration books of the County Failure to mail such notice or any defect therein as to any Bond or portion thereof shall not affect the validity of the redemption as to any Bond or portion thereof for which such notice was given as required hereby On the date fixed for redemption , notice of such call for redemption having been given as aforesaid and not revoked as hereinafter provided , the Bonds or portions thereof so called for redemption shall be due and payable at the redemption price provided therefor , plus accrued interest to such date If moneys for - payment of such redemption price and the accrued interest are held by the Bond Registrar as provided in the Resolution , interest on the Bonds or the portions thereof called for redemption shall cease to accrue , such Bonds or portions thereof shall cease to be entitled to any benefits or security under the Resolution or to be deemed outstanding , and the registered owners of such Bonds or portions thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof , plus accrued interest to the date of redemption If a portion of this Bond shall be called for redemption , a new Bond or Bonds in principal amount equal to the unredeemed portion hereof will be issued to the registered owner hereof or the legal representative of said owner upon the surrender hereof The County shall have the right to revoke any call of Bonds for redemption if , on or prior to the third 3rd business day preceding any date fixed for redemption of Bonds , the County gives written notice to the Bond Registrar and the registered owner of each Bond theretofore called for redemption that the County has elected to revoke its call of such Bonds for redemption [ The following four paragraphs are to be included in the form of Bond so long as the Bonds are being issued pursuant to a book - entry system ] The Bonds initially are being issued by means of a book - entry system with no physical distribution of Bond certificates to be made except as provided in the Resolution 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 as defined in the Resolution , a nominee of the Securities Depository as defined in the Resolution , is being 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 this Bond , as the owner of this Bond for all purposes , including payments of principal of , redemption premium , if any , and interest on this Bond , notices and voting 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 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 While the Securities Depository Nominee or the Securities Depository , as the case may be , is the owner of this Bond , notwithstanding the provisions hereinabove contained , payments of principal of , redemption premium , if any , and interest on this Bond shall be made to the Securities Depository Nominee or the Securities Depository , as the case may be , by wire transfer in immediately available funds to the account of said holder as may be specified in the bond registration books maintained by the Bond Registrar or by such other method of payment as the County may determine to be necessary or advisable with the concurrence of the Securities Depository Further , so long as a book - entry system is used for determining beneficial ownership of Bonds , redemption notices shall be given to the Securities Depository Nominee by certified or registered mail or by such other method as the County may determine to be necessary or advisable with the concurrence of the Securities Depository In addition , so long as a book - entry system is used for determining beneficial ownership of Bonds , if less than all of the Bonds of any one maturity shall be called for redemption , the Securities Depository shall determine by lot the amount of interest of each direct participant of the Securities Depository in the Bonds within such maturity to be redeemed In certain events , the County may replace the Securities Depository at the time with another qualified securities depository In certain events , the County may discontinue the book - entry system and deliver replacement Bonds in the form of fully registered certificates in the denomination of 5,000 or any whole multiple thereof in exchange for the outstanding Bonds as provided in the Resolution At the office of the Bond Registrar , in the manner and subject to the conditions provided in the Resolution , Bonds may be exchanged for an equal aggregate principal amount of Bonds of the same maturity , of authorized denominations and bearing interest at the same rate Page1754 April 5 , 2010 – 10 00 am Continued The Bond Registrar shall keep at its office the books of the County for the registration of transfer of Bonds The transfer of this Bond may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar Upon any such registration of transfer , the Bond Registrar shall authenticate and deliver in exchange for this Bond a new Bond or Bonds , registered in the name of the transferee , of authorized denominations , in an aggregate principal amount equal to the unredeemed principal amount of this Bond , of the same maturity and bearing interest at the same rate The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to the Resolution It is hereby certified and recited that all acts , conditions and things required by the Constitution and laws of North Carolina to happen , exist and be performed precedent to and in the issuance of this Bond have happened , exist and have been performed in regular and due form and time as so required ; that provision has been made for the levy and collection of a direct annual tax upon all taxable property within the geographic boundaries of the County sufficient to pay the principal of and the interest on this Bond as the same shall become due ; and that the total indebtedness of the County , including this Bond , does not exceed any constitutional or statutory limitation thereon [ The following paragraphs through the Certificate of Authentication are to appear on the front side of printed Bonds ] This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Resolution until this Bond shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed hereon [ Signatures begin on next page ] IN WITNESS WHEREOF , said County of Johnston , by resolution duly adopted by its Board , has caused this Bond to be executed with the manual or facsimile signatures of the [ Chairman Vice - Chairman ] and the Clerk to the Board and its seal to be impressed or imprinted hereon , all as of the _____ day of __________ , 2010 COUNTY OF JOHNSTON , NORTH CAROLINA [ Manual or Facsimile Signature ] [ Chairman Vice - Chairman ] [ SEAL ] [ Manual or Facsimile Signature ] Clerk to the Board of Commissioners CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within Bond has been approved under the provisions of The Local Government Bond Act of North Carolina [ Manual or Facsimile Signature ] Secretary , Local Government Commission [ By ] [ Designated Assistant ] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the series designated herein and issued under the provisions of the within - mentioned Resolution COUNTY OF JOHNSTON , NORTH CAROLINA as Bond Registrar By _____________________________ Director of Finance Date of Authentication ____ ___ , 2010 ASSIGNMENT FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells , assigns and transfers unto_______________________________________________________________the within bond and all rights thereunder and hereby irrevocably constitutes and appoints_______________________________________________________ attorney to register the transfer of said bond on the books kept for registration thereof , with full power of substitution in the premises Dated ________________ ___________________________________ Assignor’s Signature Signature Guaranteed _______________________________ NOTICE The assignor’s signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular , without alteration or enlargement or any change whatever [ End of Bond Form ] Certificated Bonds issuable hereunder shall be in substantially the form of the Bonds registered in the name of the Securities Depository Nominee with such changes as are necessary to reflect the provisions of this resolution that are applicable to Certificated Bonds Section 7 The various maturities of the Bonds will be subject to redemption prior to their respective maturity as set forth herein or as otherwise designated by the County Manager or Director of Finance at the time of sale of the Bonds All or any of the maturities of the Bonds , as so designated by the County Manager or Director of Finance , may be nonredeemable prior to their stated maturity If any of the Bonds are to be redeemable before their stated maturity , the provisions set forth in the remainder of this Section 7 shall apply ; but such provisions shall be inapplicable if none of the Bonds are subject to redemption prior to their stated maturity Page2755 April 5 , 2010 – 10 00 am Continued The Bonds maturing prior to February 1 , 2021 will not be subject to redemption prior to maturity The Bonds maturing on February 1 , 2021 and thereafter will be redeemable , at the option of the County , from any moneys that may be made available for such purpose , either in whole or in part on any date not earlier than February 1 , 2020 , at a redemption price equal to 100 of the principal amount of the Bonds to be redeemed , together with interest accrued thereon to the date fixed for redemption , without premium If less than all of the Bonds of any one maturity shall be called for redemption then , subject to the sentence immediately following , the particular Bonds , or portions of Bonds , of such maturity to be redeemed shall be selected by lot in such manner as the County in its discretion may determine ; provided , however , that the portion of any Bond to be redeemed shall be in the principal amount of 5,000 or some whole multiple thereof and that , in selecting Bonds for redemption , each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by 5,000 So long as a book - entry system is used for determining beneficial ownership of Bonds if less than all of the Bonds of any one maturity shall be called for redemption , the Securities Depository shall determine by lot the amount of interest of each direct participant of the Securities Depository in the Bonds within such maturity to be redeemed If less than all of the Bonds stated to mature on different dates shall be called for redemption , the particular Bonds , or portions thereof to be redeemed shall be called in such maturities and amounts of those maturities as shall be determined by the County Not more than 60 days nor less than 30 days before the redemption date of any Bonds to be redeemed , whether such redemption be in whole or in part , the County shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed , postage prepaid , to the registered owner of each Bond to be redeemed in whole or in part at the address of said owner appearing upon the registration books of the County ; provided , however , so long as a book - entry system is used for determining beneficial ownership of Bonds , such notice shall be given to the Securities Depository Nominee by certified or registered mail or by such other method as the County may determine to be necessary or advisable with the concurrence of the Securities Depository Failure to mail such notice or any defect therein as to any Bond or portion thereof shall not affect the validity of the redemption as to any Bond or portion thereof for which such notice was given as required hereby Each such notice shall set forth the date designated for redemption , the redemption price to be paid and the maturities of the Bonds to be redeemed In the event that Certificated Bonds are outstanding , each such notice to the registered owners thereof shall also set forth , if less than all of the Bonds of any maturity then outstanding shall be called for redemption , the distinctive numbers and letters , if any , of such Bonds to be redeemed and , in the case of any Bond to be redeemed in part only , the portion of the principal amount thereof to be redeemed If any Bond is to be redeemed in part only , the notice of redemption shall state also that on or after the redemption date , upon surrender of such Bond , a new Bond or Bonds in principal amount equal to the unredeemed portion of such Bond will be issued The County shall have the right to revoke any call of Bonds for redemption if , on or prior to the third 3rd business day preceding any date fixed for redemption of Bonds , the County gives written notice to the Bond Registrar and the registered owner of each Bond theretofore called for redemption that the County has elected to revoke its call of such Bonds for redemption If any Bonds , or portions thereof , are to be redeemed , the Bond Registrar shall open a separate account for the sole benefit of the bondholders whose Bonds are being redeemed , which account may be maintained by the Bond Registrar or by an agent On or before the date fixed for redemption , moneys shall be deposited with the Bond Registrar in its capacity as such for deposit in such account to pay the principal of and the redemption pr
‹ Back to search