October 4, 2010 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 109 Meeting of the Johnston County Board of Commissioners October 4 , 2010 10 00 am The Johnston County Board of Commissioners met in regular session Monday , October 4 , 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 , W Ray Woodall and Tony Braswell Absent None Also Present Rick J Hester , County Manager , 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 W Ray Woodall opened the meeting with a prayer Commissioner Tony Braswell led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Commissioner DeVan Barbour asked that the agenda be amended to include the appointment of a Board of Equalization and Review member to represent Commissioner District 4 in that the current member has submitted his resignation Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board approved the agenda as amended to include the appointment of a Board of Equalization and Review member during the Appointments item 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 – September 7 , 2010 10 00 am and 6 00 pm ; and September 22 , 2010 Special Meeting 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 Pine Nut Lane , Acorn Court , Hickory Nut Drive , Cashew Lane and Pistachio Lane – Maplewood Run Subdivision – Phase I – Smithfield Township C Proclamation – Employee Appreciation Week – October 11 – 15 , 2020 adopted as follows JOHNSTON COUNTY EMPLOYEE APPRECIATION WEEK October 11 – October 15 , 2010 WHEREAS , Johnston County employees represent approximately 950 men and women , working in 31 different service departments and agencies , devoted to making Johnston County a better place to work and live ; and WHEREAS , Johnston County employees provide a multitude of services for all the citizens of the County - the farmer , the retailer , the industrial businessman , the homeless , the jobless , the homeowner , the veteran , the disaster victim , the victim of violence , the sick , the poor , the educated , the uneducated , the youth , the elderly , the newcomer , and the old - timer ; and WHEREAS , Johnston County employees are both skilled and efficient in their jobs , making every effort to expend county tax dollars in the most effective way for the betterment of the County and its citizens ; and WHEREAS , Johnston County Government runs smoothly on a day to day basis primarily because of the dedicated employees in each of its departments and agencies Page110 October 4 , 2010 – 10 00 am Continued NOW , THEREFORE , in appreciation for their dedication to the welfare of the citizens of our County , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the week of October 11 - 15 , 2010 as COUNTY EMPLOYEE APPRECIATION WEEK th Adopted this the 4 day of October , 2010 D Proclamation – National 4 - H Week – October 3 - 9 , 2010 adopted as follows National 4 - H Week October 3 – 9 , 2010 WHEREAS , 4 - H youth across the nation are leading efforts to solve problems in their communities and make a difference for their futures ; and WHEREAS , 4 - H is the largest youth development organization in North Carolina and the largest in the nation with six million young people ; and WHEREAS , 4 - H in North Carolina claims 240,926 youth members and 21,221 volunteers , while Johnston County’s 4 - H program numbers more than 3000 members and more than 250 volunteers ; and WHEREAS , 4 - H as part of the NC Cooperative Extension System of NC State University and NCA & T State University is a program where youth learn through opportunities that provide them hands - on experiences in 4 - H’s mission mandates of science , engineering and technology ; healthy living ; and citizenship ; and WHEREAS , 4 - H has connected youth and their communities with the innovative research and resources from our nation’s 106 land - grant universities and colleges for more than 101 years NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim October 3 - 9 , 2010 , as National 4 - H Week in Johnston County and urges the people of this County to take advantage of the opportunity to become more aware of this special program that enhances our young people’s interests in their futures as part of Johnston County 4 - H Youth Development and to join us in recognizing the unique partnership between our County and our State University System th Adopted this the 4 day of October 2010 E Emergency Services – Resolution Renaming the Blackmon’s Crossroads Fire District adopted as follows RESOLUTION RENAMING THE BLACKMON’S CROSSROADS FIRE DISTRICT OF JOHNSTON COUNTY WHEREAS , the Blackmon’s Crossroads Fire District has been operating since its creation by the Johnston County Board of Commissioners ; and WHEREAS , pursuant to NC General Statutes 153A - 301 and 153A - 233 , the Board defined this district in order to finance , provide , or maintain fire protection services as well as for insurance grading purposes ; and WHEREAS , the Blackman’s Crossroads Volunteer Fire Department , Inc has served this district since its creation ; and WHEREAS , there is a desire at the local and state level to eliminate confusion related to the two different spellings of the word “ Blackmon’s ” ; NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners meeting in regular session at Smithfield , North Carolina on October 4 , 2010 , do hereby rename the Blackmon’s Crossroads Fire District to the Blackman’s Crossroads Fire District th Adopted this the 4 day of October 2010 F Teen Driving Safety Committee – Adoption of Resolution Allowing the Application for Grant Funds adopted as follows WHEREAS , Johnston County herein called the “ Agency has completed an application contract for traffic safety funding ; and that the Johnston County Board of Commissioners herein called the Governing Body ” has thoroughly considered the problem identified and has reviewed the project as described in the contract ; THEREFORE , NOW BE IT RESOLVED BY THE Johnston County Board of Commissioners IN OPEN MEETING th ASSEMBLED IN THE CITY OF Smithfield , NORTH CAROLINA , THIS 4 DAY OF October , 2010 , AS FOLLOWS 1 That the project referenced above is in the best interest of the Governing Body and the general public ; and 2 That Derrick Duggins , Emergency Management Coordinator is authorized to file , on behalf of the Governing Body , an application contract in the form prescribed by the Governor’s Highway Safety Program for federal funding in the amount of 20,000 to be made to the Governing Body to assist in defraying the cost of the project described in the contract application ; and 3 That the Governing Body has formally appropriated the cash contribution of 0 as required by the project contract ; and 4 That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information , data , documents and reports as required by the contract , if approved , or as may be required by the Governors Highway Safety Program ; and 5 That certified copies of this resolution be included as part of the contract referenced above ; andPage111 October 4 , 2010 – 10 00 am Continued 6 That this resolution shall take effect immediately upon its adoption th Adopted this the 4 day of October 2010 G Economic Development Advisory Board – Representation for Archer Lodge Per the request of the Economic Development Advisory Board , the Board added a position to the Economic Development Advisory Board to represent the Town of Archer Lodge H Memorandum of Understanding with the Town of Pine Level – Allowing the Voluntary Agricultural District Program to Exist within the Town’s Boundaries The Board approved a Memorandum of Understanding between the County and the Town of Pine Level allowing Voluntary Agricultural Districts to exist within the Town of Pine Level The memorandum of understanding will allow the County’s Voluntary Agricultural District Board to continue to oversee the program within municipal boundaries , thereby preventing the Town from having to formulate and manage their own district I Tax Releases & Refunds – 08 16 2010 – 09 15 2010 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2010 1008 - 117056 1005 - 105385 CHAMPION , JASON CHARLES Release 21500 2010 1008 - 114614 1005 - 117022 DIGREGORIO , VICTOR CHARLES Release 10601 2010 1008 - 120565 1005 - 106050 TWIN STATES FARMING INC Release 10355 2010 1008 - 120566 1005 - 108669 TWIN STATES FARMING INC Release 12285 2010 1008 - 112566 1005 - 114233 PISCITELLI , ETTA KAREN Release 13541 2010 1008 - 116332 1005 - 112825 SUNTECH EXTERIORS LLC Release 23774 2010 1008 - 117490 1005 - 115476 FLORES , CARLOS ANDREW Release 23504 2010 1008 - 117489 1005 - 114873 FLORES , CARLOS ANDREW Release 15565 2010 1008 - 120531 1005 - 113996 TICHAUER , FRANCIS ANTHONY Release 22275 2010 1008 - 109116 1005 - 105537 BARNER , BILLIE ESAU Release 11644 2009 1004 - 064489 1001 - 055077 STEPHENSON , MARK ANTHONY Release 25180 2009 0910 - 993683 0907 - 109977 STEPHENSON , MICHELLE SCOTT Release 15222 2010 1008 - 114973 1005 - 116084 LITADA , JR , GUILLERMO Release 14289 2010 1007 - 096246 1004 - 098671 MAYER , DOUGLAS CHARLES Release 11808 2009 1001 - 036104 0910 - 021234 PHAM , THOA THI Overpayment 11439 2010 1008 - 114270 1005 - 105278 TRIPLE B FARMS INC Release 10126 2009 1006 - 083131 1003 - 086295 LANCASTER , EMILE ROGERS Release 12654 2010 1008 - 113926 1005 - 115090 MASSENGILL , JEAN STEPHENSON Release 14280 2010 1008 - 120362 1005 - 111857 SMITH , JR , WILBERT LEON Release 12549 2010 1008 - 120363 1005 - 114868 SMITH , JR , WILBERT LEON Release 17472 2010 1008 - 116654 1005 - 116792 HALSTEAD , DEBORAH LYNN Release 14199 2009 1006 - 093640 1003 - 083892 NIER , JR , HENRY FRANK Tag Surrender 11404 2010 1008 - 119218 1005 - 113876 BECKER , CAROL PARRISH Release 13405 2009 1005 - 077584 1002 - 067491 THORNTON , CARL LEE Tag Surrender 25963 2010 1007 - 108576 1004 - 092180 WIGNALL , WILLIAM STEWART Release 11792 2010 1008 - 110224 1005 - 105276 PARRISH , TIMOTHY STEVEN Release 10004 2010 1007 - 104292 1004 - 091095 DAUGHTRY , ROBERT GLENN Release 11050 2009 1006 - 092005 1003 - 088525 MERKLEY MECHANICAL ASSOCIATES LLC Overpayment 46989 2010 1008 - 112339 1005 - 114927 MOSER , ANNIE RUTH Release 23468 2010 1008 - 111373 1005 - 112420 FIELDS , BARRY LEONARD Release 19257 2009 1004 - 067554 1001 - 055996 SHUMWAY , DAVID LUCIUS Overpayment 13665 2010 1008 - 120496 1005 - 117288 THE SALVATION ARMY Release 12312 2010 1007 - 107846 1004 - 098251 BOUCHE , ANDREW SCOTT Release 15662 2009 0911 - 009771 0908 - 128505 BERG , JERIMIAH Release 13865 2010 1008 - 118405 1005 - 105314 KLAHRE , MICHAEL JOSEPH Release 12556 2009 1004 - 066743 1001 - 058231 EDWARDS , ELICIA TANYA Overpayment 24365 2010 1007 - 098209 1004 - 097226 DCFS TRUST Tag Surrender 11743 2009 0910 - 993572 0907 - 112977 MYERS , MICAH AMOS Release 37293 2010 1008 - 116016 1005 - 103359 LEE , CHARLES KELLY Release 46729 2010 1007 - 101619 1004 - 094183 HEMRIC , JEFFREY LEE Release 11004 2009 1002 - 041718 0911 - 036178 SANDERS , DONNA WHITE Overpayment 13014 2009 0910 - 995774 0907 - 110821 VAUL TRUST Tag Surrender 12917 2009 0911 - 999450 0908 - 127083 MORRIS , WAYNE ROBERT Overpayment 34038 2009 1006 - 084213 1003 - 087223 CARROLL , JOAN MIZE Overpayment 13769 Page112 October 4 , 2010 – 10 00 am Continued 2010 1008 - 111476 1005 - 115878 GETTY , CHASEN ERICK Release 30437 2008 0808 - 805287 0805 - 918745 GETTY , CHASEN ERICK Release 33104 2010 1009 - 135884 0805 - 918745 GETTY , CHASEN ERICK Rebill 16302 2008 0811 - 847054 0808 - 962093 GETTY , VERONICA Release 17805 2009 0910 - 988163 0907 - 113199 GETTY , CHASEN ERICK Release 26213 2010 1009 - 135886 0907 - 113199 GETTY , CHASEN ERICK Release 26213 2010 1009 - 135887 0907 - 113199 GETTY , CHASEN ERICK Rebill 11286 2009 0911 - 001788 0908 - 126517 GETTY , VERONICA Release 15311 2009 0908 - 958874 0905 - 083869 GETTY , CHASEN ERICK Release 34094 2010 1009 - 135889 0905 - 083869 GETTY , CHASEN ERICK Rebill 15926 2010 1008 - 115260 1005 - 115240 STEIN , KIRK LEE Release 20358 2010 1007 - 096245 1004 - 097783 MARTINEZ , SAMUEL MENDOZA Overpayment 22795 2009 1004 - 067518 1001 - 057865 SANDERS , LAURA HARPER Overpayment 10086 2010 1009 - 133471 1006 - 127983 J P EDWARDS INC Release 22815 2010 1009 - 125962 1006 - 121013 PARKER , MARK EDWARD Release 15093 2010 1009 - 131413 1006 - 120621 SAPP , RICKY SHARRON Release 22825 Real Personal Property Releases 8 16 2010 8 29 51 341 ASHLEY 2010 - 071900 2000136519 RAYNOR , KELLY GREEN JR 12203 8 16 2010 8 30 25 105 SHEILA 2010 - 089994 91714380 WARREN , ANGELA RENEE 10234 8 16 2010 8 35 55 105 SHEILA 2010 - 098308 2000151015 TALTON , KENNETH A 3,32891 8 16 2010 8 37 08 105 SHEILA 2010 - 087091 2000005370 TOWN OF SELMA 11122 8 16 2010 15 04 15 341 ASHLEY 2010 - 001098 2000140971 AGNEW , JOHN M 13743 8 16 2010 15 33 30 341 ASHLEY 2010 - 068201 2000150226 PETERSON , JAMES RAYMOND 12426 8 16 2010 16 18 13 341 ASHLEY 2010 - 081348 82325202 STANLEY , BOBBY 12721 8 17 2010 8 38 26 105 SHEILA 2009 - 007396 2000108370 BBS BUILDERS & DEVELOPMENT 37160 8 17 2010 8 39 40 105 SHEILA 2010 - 007394 2000108370 BBS BUILDERS & DEVELOPMENT 36960 8 18 2010 9 31 21 105 SHEILA 2010 - 032072 2000144974 GIRL SCOUTS NORTH CAROLINA 21079 8 18 2010 11 28 16 341 ASHLEY 2010 - 009648 2000080218 BLAKE , BRENDA S 18753 8 18 2010 11 49 27 341 ASHLEY 2010 - 061271 2000115814 MORRIS , DANIEL 16911 8 18 2010 15 24 14 341 ASHLEY 2010 - 027695 2000149839 ESPINOZA , ROLANDO PIEDRA 16061 8 18 2010 15 28 52 341 ASHLEY 2010 - 011069 12699104 BRANCH BK & TR CO 19598 8 18 2010 17 08 24 341 ASHLEY 2010 - 200664 2000130987 D & B ADAMS LLC 23647 8 19 2010 12 10 37 121 CATHY 2009 - 057368 2000101263 MCKEITHAN , KATHY LAVERNE 10521 8 20 2010 16 18 08 341 ASHLEY 2010 - 009330 2000146837 BLACKMON CONTRACTING INC 33859 8 24 2010 9 57 02 341 ASHLEY 2010 - 033436 2000152583 DOLCE VERDE LLC 41290 8 24 2010 16 39 07 105 SHEILA 2010 - 081375 2000006052 STANLEY , BOBBY H 13402 8 25 2010 14 03 57 341 ASHLEY 2010 - 065260 2000146717 PANTRY INC - THE 79398 8 25 2010 15 56 17 341 ASHLEY 2010 - 033436 2000152583 DOLCE VERDE LLC 41290 8 25 2010 15 58 50 341 ASHLEY 2010 - 033436 2000152583 DOLCE VERDE LLC 39600 8 26 2010 15 52 12 105 SHEILA 2010 - 200624 2000047867 LANGDON 1996 FAMILY LIMITE 28447 8 26 2010 15 53 12 105 SHEILA 2010 - 200625 2000047867 LANGDON 1996 FAMILY LIMITE 28447 8 26 2010 15 54 10 105 SHEILA 2010 - 200626 2000047867 LANGDON 1996 FAMILY LIMITE 28447 8 26 2010 15 54 57 105 SHEILA 2010 - 200627 2000047867 LANGDON 1996 FAMILY LIMITE 28447 8 27 2010 8 59 55 341 ASHLEY 2010 - 029885 2000132480 FORMISANO , JOHN 15014 9 1 2010 11 00 11 341 ASHLEY 2010 - 010195 2000128217 BOONE , VERNON L 10151 9 1 2010 13 19 29 341 ASHLEY 2010 - 041904 2000097591 J & L DRILLING INC 18193 9 1 2010 14 55 18 105 SHEILA 2010 - 200773 2000016771 BAKER , ANN W 20360 9 2 2010 8 21 34 341 ASHLEY 2010 - 098057 2000150872 TWINKLESCAPE SLEEP DISORDE 55904 9 2 2010 9 01 36 105 SHEILA 2010 - 200774 2000016771 BAKER , ANN W 20360 9 2 2010 9 02 24 105 SHEILA 2010 - 200775 2000016771 BAKER , ANN W 20360 9 2 2010 9 03 06 105 SHEILA 2010 - 200776 2000016771 BAKER , ANN W 20360 9 2 2010 9 58 05 341 ASHLEY 2010 - 022102 2000065638 DALTON AVIATION - LLC 18992 9 2 2010 10 09 46 341 ASHLEY 2010 - 001101 2000122173 AGRICREDIT ACCEPT LLC 1,14218 9 2 2010 10 38 33 341 ASHLEY 2010 - 200752 2000155167 TROPICAL BREEZE TANNING 33672 9 2 2010 10 50 16 341 ASHLEY 2010 - 099465 2000152482 LANE CONSTRUCTION CORP 10856 9 2 2010 10 53 55 341 ASHLEY 2010 - 015347 2000082440 CAREW , ROBERT 15753 9 2 2010 10 59 58 341 ASHLEY 2010 - 000216 2000129494 A T & T MOBILITY LLC 20947 9 2 2010 11 30 57 341 ASHLEY 2010 - 000212 2000129498 A T & T MOBILITY LLC 11912 9 2 2010 11 38 27 341 ASHLEY 2010 - 000210 2000145957 A T & T MOBILITY LLC 14918 9 2 2010 12 01 42 341 ASHLEY 2010 - 000209 2000129503 A T & T MOBILITY LLC 12724 9 2 2010 12 21 13 341 ASHLEY 2010 - 000205 2000129508 A T & T MOBILITY LLC 17152 9 2 2010 12 21 29 341 ASHLEY 2010 - 000205 2000129508 A T & T MOBILITY LLC 17152 9 2 2010 12 21 50 341 ASHLEY 2010 - 000205 2000129508 A T & T MOBILITY LLC 17152 9 2 2010 12 23 43 341 ASHLEY 2010 - 000204 2000129509 A T & T MOBILITY LLC 11944 9 3 2010 12 38 50 341 ASHLEY 2010 - 027598 2000147747 EQ ACQUISTIONS 2003 INC 32461PagePage pageNumber5113 October 4 , 2010 – 10 00 am Continued 9 3 2010 12 44 20 341 ASHLEY 2010 - 033598 2000066806 GREATAMERICA LSG CORP 23370 9 3 2010 13 00 13 341 ASHLEY 2010 - 200680 2000139037 WHEELS LT 31018 9 8 2010 9 21 09 341 ASHLEY 2010 - 073257 2000115489 RICO , ARACELI CASTRO 18037 9 9 2010 10 23 20 105 SHEILA 2010 - 056919 2000031649 MCCLAIN , CECELIA 1,19316 9 9 2010 11 40 47 105 SHEILA 2010 - 056920 2000031649 MCCLAIN , CECELIA 26144 9 9 2010 14 45 11 341 ASHLEY 2010 - 017420 2000090812 CLASSIC INSULATION CO 73984 9 10 2010 16 37 16 121 CATHY 2010 - 076083 2000118790 SANDERS , RONALD 13786 9 15 2010 14 43 41 121 CATHY 2007 - 079824 2000052085 TADA LLC 42148 9 15 2010 14 49 17 121 CATHY 2008 - 082263 2000052085 TADA LLC 84976 9 15 2010 14 51 13 105 SHEILA 2009 - 083789 2000125790 SUMMERWIND PLANTATION LLC 1,00842 9 15 2010 15 02 50 121 CATHY 2009 - 084248 2000052085 TADA LLC 84976 Real Personal Property Refunds 8 16 2010 14 11 53 165 JAN 2010 - 049296 2000091225 LAMAR ADV OF ROCKY MNT 16259 8 17 2010 12 51 20 344 KATINA 2010 - 017622 2000102427 CLEVENGER , GLENN S 15454 8 17 2010 15 50 26 338 ALLISON 2010 - 054636 2000049337 MADISON , DONALD RAY 38150 8 24 2010 14 29 20 9999 LOCKBOX 2010 - 003939 2000142826 B PEARCE PROPERTIES LLC 1,09394 8 24 2010 14 43 54 338 ALLISON 2010 - 098987 2000151540 HOLLOWELL , BOBBIE F 1,27683 8 24 2010 14 51 46 310 JENNIFER 2010 - 200432 73473580 BRASWELL , R D CONSTR CO 5,08988 8 25 2010 14 39 07 102 JEANNIE 2010 - 087996 2000049311 UNDERWOOD , HENRY THOMAS 41580 8 27 2010 14 24 43 9999 LOCKBOX 2010 - 053756 2000127885 LOGAN AMERICAN BUILDERS LL 48501 8 30 2010 13 24 21 165 JAN 2009 - 000641 2000090075 ADAMS , EARMAN ZEBEDEE 12915 8 30 2010 15 47 19 344 KATINA 2010 - 083544 2000109427 STRICKLAND , WILLIAM MARK L 37719 9 7 2010 9 25 29 344 KATINA 2010 - 053273 2000102041 LINKOUS , DAVID R 16306 9 9 2010 12 02 06 319 JACKIE 2010 - 088091 2000047446 UPCHURCH , WILLIAM B 22024 9 15 2010 14 45 11 121 CATHY 2007 - 079824 2000052085 TADA LLC 42148 9 15 2010 14 55 42 121 CATHY 2008 - 082263 2000052085 TADA LLC 66208 9 15 2010 15 04 04 121 CATHY 2009 - 084248 2000052085 TADA LLC 84976 September 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 Totals from 08 16 10 to 09 15 10 Tax refunds - Personal Real Property 46344 Tax releases - Personal Real Property 3,86170 Motor Vehicle releases refunds 6,50970 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Presentation of Service Pins The Board presented years of service pins to the following employees who have worked for Johnston County for 5 , 10 , 15 , 20 , 25 , 30 , and 35 years 5 Years Jeannetta Edwards Administration Cassandra Mills Public Utilities Ernie Wilkinson Animal Services Chad Thompson Public Utilities Kimberly Johnston Child Support David Watts Public Utilities Tim Medlin Communications Deborrah Hudson Public Utilities Vickie Raynor Communications Eric Griffin Public Utilities Shawn Banks Cooperative Extension Kenneth Evans Public Utilities Aric Ashby Environmental Health Layman Ricker Public Utilities Eric Bass Environmental Health Angie Butts Sheriffs Todd Ramsey Environmental Health Mary Lee Sheriffs Sandra Hix HAPP Morgan Tatum Sheriffs Cindy Morgan Health Richard Reliford Sheriffs Nataly Gonzales - Parra Health Bonnie McCullen Social Services Usha Guduru Health Carol Cooley Social Services Wendy Johnson Health Judy Brinkley Social Services Fannie Williams Housekeeping Lidia Solis Social Services Ann Lancaster Inspections Nathalia Parrish Social Services Brian Sasser Inspections Rose Wilcox Social Services Tony Sutton Inspections Tony Harris Social ServicesPagePage pageNumber6114 October 4 , 2010 – 10 00 am Continued 5 Years Continued Merrion Bryant Jail Tracy Leyda Social Services Brenda Burton Library Edward Humphrey Soil Conservation Dr K Verghese Mental Health Greg Callahan Tax Robert Harris Mental Health Jennifer Greene Tax Michael King Planning Forest Alford Technology Services 10 Years Charles Handy Airport Buck Pipkin Sheriffs Helen Simmons Airport Jason Crocker Sheriffs Angela Hampton Cooperative Extension Jennifer Stevens Sheriffs Janel Parker Economic Development Matt DeSilva Sheriffs Patrick Cogdell Emergency Services Nathan Reed Sheriffs Myrtle Cooke HAPP Rob Runner Sheriffs Peggy Watson Housekeeping Rodney Bentley Sheriffs Sheila Gill Housekeeping Rodney Langdon Sheriffs Amy Clifton Inspections Ron Mazur Sheriffs Freddie Mitchell Jail Rudy Walls Sheriffs Karen Lee Jail Allison Smith Social Services Nancy Wigmore Library April Hockaday Social Services Tanya Smith Mental Health Deborah Crayton Social Services Stephanie Clifton Planning Debra Lopez Social Services Daniel Clifton Public Buildings Jennifer Gaddis Social Services David Weaver Public Buildings Kim Dunn Social Services Ronnie Snead Public Buildings Pam Bowen Social Services Ben Cotton Public Utilities Ragan Ham Social Services Benjamin Creech Public Utilities Stephanie Coats Social Services Charles Pender Public Utilities Cathy Futch Tax Kevin Shields Public Utilities Darlene Baker Tax Ricky Lasarsky Public Utilities Jeannie Evans Tax Bengie Gaddis Sheriffs LaWanda Neal Tax Brandon Harris Sheriffs 15 Years 20 Years Rachel Wiggins Child Support Donna Holloman Health Beverly Herring Communications Michael Bledsoe Inspections Teresa Byrd Cooperative Extension Elaine Forman Library Angela Smith Human Resources Edith Carraway Mental Health Donna Stallings Register of Deeds Elmer Archibald Public Utilities Ryan Benson Sheriffs Linda Harris Sheriffs Debra Blackman Social Services Jean Barbour Social Services Denise Boyette Social Services James Massey Soil Conservation Mavis Felton Social Services Melony Gupton Social Services 25 Years Shannon Bass Social Services Frank Feldenzer Environmental Health Anjanette McLamb Technology Services Margaret Hinnant Mental Health Tina Corbett Social Services 30 Years Ramell Oakley Job Training 35 Years Jan Whitley Mental Health Sandra Williams Social Services Kathy Davis Social Services Robbie Brady Social ServicesPagePage pageNumber7115 October 4 , 2010 – 10 00 am Continued 4 Public Comments A Comments by Johnston Community College President Dr David Johnson Dr David Johnson , President of Johnston Community College , invited the Board to attend the Health th Sciences Building Dedication Ceremony to be held on October 25 at 3 00 pm Dr Johnson also reminded th everyone of the annual Howell Woodstock event to be held on November 13 and stated that many activities are planned for all that can attend 5 Public Hearing – 10 15 am – Economic Development Incentive Grant Advertised in The Smithfield Herald – September 22 , 2010 The Chairman announced the EDIG public hearing would be tabled , that staff was awaiting additional information on a specific date time and before the meeting adjourned , a date would be announced Note At the end of the meeting , the Chairman announced that the EDIG public hearing was tabled until October 18 , 2010 at 9 00 am 6 Public Hearing – 10 20 am – Refinancing of a Prior Installment Financing Contract Advertised in The Smithfield Herald – September 22 , 2010 The Chairman announced that this was the date , place and hour fixed by the Board of Commissioners for a public hearing concerning a proposed plan of refinancing in an aggregate principal amount of up to 32,000,000 , which plan would involve the entry by the County into one or more installment financing contract s with one or more third parties pursuant to North Carolina General Statutes 160A - 20 , as amended , the proceeds of which would be used to refinance all or a portion of an installment financing contract previously executed and delivered by the County , which prior installment financing contract financed all or a portion of the costs of acquiring real property , constructing , renovating and equipping new public school facilities , expansion or renovation of existing public school facilities and various real and personal property improvements related to the foregoing collectively the “ Project ” , and under said one or more installment financing contract s the County would secure the repayment by the County of the moneys advanced pursuant to such one or more installment financing contract s by granting a security interest in and lien on all or a portion of the Project and in all or some portion of the real property on which the Project is located , which plan of refinancing was described in the notice of public hearing published in The Smithfield Herald on September 22 , 2010 The Board of Commissioners first ratified and approved the designation of the meeting as a public hearing on the proposed plan of refinancing , the publication of the Notice and the call of the public hearing It was then announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on such matter No one appeared , either in person or by attorney , to be heard on such matter or the advisability of the plan of financing and the Clerk to the Board of Commissioners announced that no written statement relating to said matters had been received by the Clerk or the Director of Finance The Chairman closed the public hearing Commissioner Jeffrey P Carver abstained from voting on the Resolution of the Prior Installment Financing Contract Adoption of Resolution Approving Refinancing of a Prior Installment Financing Contract The Chairman introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION APPROVING REFINANCING OF A PRIOR INSTALLMENT FINANCING CONTRACT FINANCING IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 32,000,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF CERTIFICATES OF PARTICIPATION AND OR LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH AND PROVIDING FOR CERTAIN OTHER RELATED MATTERSPagePage pageNumber8116 October 4 , 2010 – 10 00 am Continued WHEREAS , the Board of Commissioners desires to approve a proposed plan of refinancing in an aggregate principal amount of up to 32,000,000 , which plan would involve the entry by the County into an installment financing contract with the Johnston County Finance Corporation the “ Corporation ” pursuant to North Carolina General Statutes 160A - 20 , as amended , the proceeds of which would be used to refinance that certain installment financing contract , dated as of September 24 , 2008 , between the County and First - Citizens Bank & Trust Company , and heretofore executed and delivered by the County , which prior installment financing contract paid all or a portion of the costs of acquiring real property , constructing , renovating and equipping new public school facilities , expansion or renovation of existing public school facilities and various real and personal property improvements related to the foregoing collectively the “ Project ” , and under said installment financing contract the County would secure the repayment by the County of the moneys advanced pursuant to such contract by granting a security interest in and lien on all or a portion of the Project and in all or some portion of the real property on which the Project is located ; WHEREAS , as part of said plan of refinancing , the Corporation will issue Certificates of Participation and or Limited Obligation Bonds in an aggregate principal amount not exceeding 32,000,000 to finance the advancement of money to the County pursuant to the installment financing contract between the County and the Corporation ; WHEREAS , there have been submitted to this meeting draft forms of the following documents the “ Financing Documents ” with respect to the refinancing of the prior installment financing contract and the Project 1 an Installment Financing Contract , proposed to be dated on or about November 1 , 2010 the “ Contract ” , between the County and the Corporation as counterparty , pursuant to which the Corporation will advance moneys to the County to refinance the prior installment financing contract and the Project and the County agrees to make periodic installment payments the “ Installment Payments ” to repay the moneys so advanced , with interest ; 2 a Deed of Trust , Security Agreement and Fixture Filing the “ Deed of Trust ” , proposed to be dated on or about November 1 , 2010 , among the County as Grantor , the Corporation as Beneficiary and the trustee named therein , by which the County would secure its obligations to the Corporation under the Contract ; 3 an Indenture of Trust , proposed to be dated on or about November 1 , 2010 the “ Trust Indenture ” , between the Corporation and the trustee named therein , as trustee the “ Trustee ” , pursuant to which there are to be executed and delivered from time to time Certificates of Participation and or Limited Obligation Bonds , including the Certificates of Participation and or Limited Obligation Bonds County of Johnston , North Carolina Installment Financing Contract , Series 2010 the “ 2010 Certificates ” and or “ 2010 LOBs ” , the proceeds of which will be used to advance the moneys to the County under the Contract ; 4 a Preliminary Official Statement , proposed to be dated on or about October 20 , 2010 the “ Preliminary Official Statement ” which , as supplemented with certain pricing and other permitted omitted information , is to be the Official Statement proposed to be dated on or about November 4 , 2010 the “ Official Statement ” , pursuant to which the 2010 Certificates and or LOBs are to be offered and sold to the public ; and 6 a Contract of Purchase , including the exhibits attached thereto , proposed to be dated on or about November 4 , 2010 the “ Purchase Contract ” between the Corporation and Citigroup Global Markets Inc , on its own behalf and as representative of the other underwriters if any named therein collectively , the “ Underwriters ” , pursuant to which the Underwriters agree to purchase the 2010 Certificates and or LOBs for sale to the public ; WHEREAS , the obligations of the County to make Installment Payments and other payments pursuant to the Contract shall constitute limited obligations of the County payable solely from currently budgeted appropriations of the County and shall not constitute a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation ; WHEREAS , no deficiency judgment may be rendered against the County in any action for breach of a contractual obligation under the Contract , and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract ; and WHEREAS , the Board of Commissioners desires to approve the Financing Documents and to authorize other actions in connection therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , as follows Section 1 All actions taken by or on behalf of the County to date to effectuate the proposed plan of refinancing , including the selection of the Underwriters and McGuireWoods LLP , as special counsel or bondPagePage pageNumber9117 October 4 , 2010 – 10 00 am Continued counsel , are hereby ratified , approved and authorized pursuant to and in accordance with the transactions contemplated by the Financing Documents Section 2 The Board of Commissioners hereby finds and confirms that i the refinancing of the prior installment financing contract and the Project by an installment financing contract with the Corporation is necessary and expedient for the County ; ii refinancing of the prior installment financing contract and the Project by an installment financing contract with the Corporation , under the circumstances , is preferable to a bond issue by the County ; iii the sums to fall due under said installment financing contract with the Corporation are adequate and not excessive for their proposed purpose ; iv the County’s debt management procedures and policies are good and its debt will continue to be managed in strict compliance with law ; v the increase in taxes , if any , necessary to meet the sums to fall due under the installment financing contract with the Corporation will not be excessive ; and vi the County is not in default regarding any of its debt service obligations Section 3 The refinancing of the prior installment financing contract and the Project , and the granting of security interests therein , all as provided in the Financing Documents referenced in this Resolution , are hereby ratified and approved Section 4 Each of the Contract , the Purchase Contract and the Deed of Trust is hereby approved in substantially the form submitted to this meeting , and each of the Chairman of the Board of Commissioners or the County Manager is hereby authorized to execute and deliver each of those documents in the name and on behalf of the County , with such changes , insertions or omissions as the persons executing such documents may approve , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2010 Certificates and or LOBs , their execution and delivery thereof to constitute conclusive evidence of such approval The County Clerk is hereby authorized to affix the seal of the County to each of said documents as may be appropriate and to attest to the same Section 5 The Trust Indenture including the form of 2010 Certificate and or LOB is hereby approved in substantially the form submitted to this meeting , with such changes , insertions or omissions as appropriate , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2010 Certificates and or LOBs , as the representative s of the County executing the Contract may approve , the execution and delivery of the Contract to constitute conclusive evidence of such approval The Board of Commissioners hereby approves the sale of the 2010 Certificates and or LOBs by the Corporation in an aggregate principal amount not in excess of the amount of moneys to be advanced to the County pursuant to the Contract Section 6 Each of the Preliminary Official Statement and the Official Statement , in substantially the form of the Preliminary Official Statement submitted to this meeting , is hereby approved in substantially such form , with such changes , insertions and omissions as appropriate , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2010 Certificates and or LOBs , and the use thereof by the Underwriters in connection with the public offering and sale of the 2010 Certificates and or LOBs is hereby authorized Each of the Chairman of the Board of Commissioners or the County Manager is hereby authorized to execute and deliver in the name and on behalf of the County the final Official Statement in substantially such form , with such changes , insertions and omissions , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2010 Certificates and or LOBs , as the person executing the final Official Statement may approve , the execution and delivery thereof to constitute conclusive evidence of such approval Section 7 Each of the Chairman of the Board of Commissioners , the County Manager and the Director of Finance are authorized to approve all details of the refinancing of the prior installment financing contract and the Project , including , without limitation , the amount advanced under the Contract and the aggregate principal amount of the 2010 Certificates and or LOBs which shall not exceed 32,000,000 , the maturities , the principal amounts and the interest amounts of the Installment Payments and the 2010 Certificates and or LOBs , which interest amounts calculated with respect to the 2010 Certificates and or LOBs shall not exceed 60 per annum on an effective interest cost basis , the prepayment terms and prices which shall not exceed 103 of the principal amount being prepaid and the Underwriters ’ discount exclusive of any original issue discount which shall not exceed 20 of the principal amount of the 2010 Certificates and or LOBs Execution of the Contract by the Chairman of the Board of Commissioners or the County Manager shall conclusively evidence such approval of all such details of said financing Section 8 The Chairman of the Board of Commissioners , the County Manager , the Director of Finance and the County Attorney are hereby authorized to take any and all such further action , including approval of modifications to the Financing Documents , and to execute and deliver for and on behalf of the County such other documents and certificates including , without limitation , agreements with securities depositories , financing statements , appropriate tax certificates and agreements and other documents and agreements including repurchase agreements relating to the investment of the proceeds from the execution and delivery of the Contract as they may deem necessary or advisable to carry out the intent of this resolution and to effect the refinancing pursuant to the Contract and the other Financing Documents The County Clerk is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attestPage0118 October 4 , 2010 – 10 00 am Continued to the same and to execute and deliver the same as may be needed In addition , said officers are hereby authorized to cooperate with the Underwriters in preparing and filing such filings under state securities or “ blue sky ” laws including special consents to service of process as the Underwriters may request and as the Chairman of the Board of Commissioners , the County Manager or the Director of Finance shall determine Section 9 The County covenants that , to the extent permitted by the Constitution and laws of the State of North Carolina , it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986 , as amended the “ Code ” , in order to assure that interest paid with respect to the 2010 Certificates and or LOBs will not be includable in the gross income of the owners thereof for purposes of federal income taxation , except to the extent that the County obtains an opinion of bond counsel to the effect that noncompliance would not result in interest with respect to the 2010 Certificates and or LOBs being includable in the gross income of the owners of the 2010 Certificates and or LOBs for purposes of federal income taxation Section 10 This Resolution shall become effective immediately upon its adoption Thereupon , upon motion of Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , the foregoing resolution entitled “ RESOLUTION APPROVING REFINANCING OF A PRIOR INSTALLMENT FINANCING CONTRACT FINANCING IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 32,000,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF CERTIFICATES OF PARTICIPATION AND OR LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS ” was passed by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Cookie Pope , W Ray Woodall , DeVan Barbour , and Tony Braswell Noes None Abstain Commissioner Jeffrey P Carver 7 Resolution Providing for Issuance of 33,965,000 GO Refunding Bonds , Series 2010B 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 33,965,000 GENERAL OBLIGATION REFUNDING BONDS , SERIES 2010B , 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 54,735,000 of the Bonds authorized to be issued by the 2010 Order have been issued , designated as “ General Obligation Refunding Bonds , Series 2010A , ” 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 ; 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 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 33,965,000 , with such amount subject to adjustment as hereinafter set forth , designated “ General Obligation Refunding Bonds , Series 2010B ” and dated their date of delivery , or such other date as may be designated by the County Manager or Director of Finance the “ Series 2010B 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 2010B Bonds by any amount , so long as such amount shall not exceed 135,265,000 , 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 SeriesPage1119 October 4 , 2010 – 10 00 am Continued 2010B 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 , 70,000 2012 , 1,390,000 2013 , 245,000 2014 , 1,750,000 2015 , 1,720,000 2016 , 3,710,000 2017 , 6,455,000 2018 , 4,090,000 2019 , 4,045,000 2020 , 3,535,000 2021 , 2,025,000 2022 , 2,020,000 2023 , 2,010,000 2024 and 900,000 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 2010B Bonds maturing at each maturity , either before or after the opening of bids including elimination or addition of one or more maturities , provided that the aggregate principal amount of the Bonds shall not exceed 135,265,000 and no Series 2010B Bond shall mature later than December 31 , 2041 The Series 2010B 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 2010B Bonds are sold , which interest to the respective maturities thereof shall be payable on August 1 , 2011 or such other date as is designated by the County Manager or the Director of Finance in connection with the sale of the Series 2010B 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 2010B 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 2010B 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 2010B 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 Page2120 October 4 , 2010 – 10 00 am Continued 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 any 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 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 2010B 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 AugustPage3121 October 4 , 2010 – 10 00 am Continued 1 , 2011 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 2010B ” 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 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 , 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 certificatePage4122 October 4 , 2010 – 10 00 am Continued 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 Secu