May 4, 2009 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 346 Meeting of the Johnston County Board of Commissioners May 4 , 2009 10 00 am The Johnston County Board of Commissioners met in regular session Monday , May 4 , 2009 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 , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , 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 Allen L Mims , Jr led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – April 6 , 2009 10 00 am and 6 00 pm B Proclamation – Emergency Medical Services Week – May 17 - 23 , 2009 The Board adopted the following proclamation declaring the week of May 17 - 23 , 2009 as Emergency Medical Services Week in Johnston County Proclamation Emergency Medical Services Week May 17 – 23 , 2009 WHEREAS , emergency medical services is a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day , seven days a week ; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury ; and WHEREAS , the emergency medical services system consists of emergency physicians , emergency nurses , emergency medical technicians , paramedics , firefighters , educators , administrators and others ; and WHEREAS , the members of emergency medical services teams , whether career or volunteer , engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills ; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week NOW , THEREFORE BE IT RESOLVED , that the Board of Commissioners of Johnston County , does hereby proclaim May 17 - 23 , 2009 as Emergency Medical Services Week in Johnston County , in recognition of this event th day of May , 2009 Adopted this the 4 C Proclamation – 2010 Census Partner The Board adopted the following proclamation partnering with the US Census Bureau to help ensure a full and accurate count in 2010 2010 Census Partner Proclamation WHEREAS , an accurate census count is vital to our community and residents ’ well - being by helping planners determine where to locate schools , day - care centers , roads and public transportation , hospitals and other facilities , and is used to make decisions concerning business growth and housing needs ; and WHEREAS , more than 300 billion per year in federal and state funding is allocated to states and communities based on census data ; andPage347 May 4 , 2009 – 10 00 am Continued WHEREAS , census data ensure fair Congressional representation by determining how many seats each state will have in the US House of Representatives as well as the redistricting of state legislatures , county and city councils , and voting districts ; and WHEREAS , the 2010 Census creates jobs that stimulate economic growth and increase employment opportunities in our community ; and WHEREAS , the information collected by the census is protected by law and remains confidential for 72 years NOW , THEREFORE BE IT PROCLAIMED , by the Board of Commissioners of Johnston County , that Johnston County is committed to partnering with the US Census Bureau to help ensure a full and accurate count in 2010 As a 2010 Census partner , we will 1 Support the goals and ideals for the 2010 Census and will disseminate 2010 Census information to encourage those in our community to participate 2 Encourage people in Johnston County to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness of the 2010 Census and ensure a full and accurate census 3 Support census takers as they help our community complete an accurate count 4 Create or seek opportunities to collaborate with other like - minded groups in our community , such as Complete Count Committees , to utilize high - profile , trusted voices to advocate on behalf of the 2010 Census th day of May , 2009 Adopted this the 4 D Requests for Fireworks Display th The Board approved the following fireworks display to celebrate the July 4 holiday , according to North Carolina General Statute § 14 , Article 54 and Chapter 33 of the 2006 North Carolina Fire Code , along with the necessary permits from the applicable Inspections Department th Archer Lodge Community Center – Saturday , July 4 at the Archer Lodge Recreation Park , Clayton Further , the Board authorized the Chairman to approve future similar requests that may be received through the July 4 , 2009 holiday E Call for Public Hearing – Proposed County Budget for FY 2009 - 2010 The Board scheduled a public hearing for the June 1 , 2009 10 00 am meeting on the proposed budget for FY 2009 - 2010 F Memorandum of Understanding with Town of Benson – Allowing the Voluntary Agricultural District Program to Exist within the Town of Benson’s Boundaries The Board approved a Memorandum of Understanding between the County and the Town of Benson that will allow Voluntary Agricultural Districts to exist within the Town of Benson nd G Benson Fire Department – 2 Vote on First Responder Franchise Request The Board approved by second vote the request from the Benson Fire Department to be franchised as a first responder unit H Tax Releases & Refunds – 03 16 2009 – 04 15 2009 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2008 0809 - 828528 0806 - 930051 SWEET , SULTANDRA LANAY Overpayment 20842 2008 0901 - 878369 0810 - 990788 SMITH , FAYE DAVIS Overpayment 10589 2008 0903 - 893132 0812 - 012864 HARR , JUDY TART Release 22676 2008 0902 - 883388 0811 - 998049 RAIN - GO HOME IMPROVEMENT INC Release 12155 2007 0712 - 708017 0709 - 782795 STANLEY , JR , DAVID EDWARD Overpayment 10103 2008 0808 - 812220 0805 - 919595 HOLDER , MARY BATTLE Overpayment 12465 2008 0812 - 860412 0809 - 970836 COTTON , MICHAEL RAY Overpayment 10961 2008 0807 - 797154 0804 - 902943 PILKINGTON , JOHN PATRICK Overpayment 16000 2008 0903 - 894991 0812 - 011538 FERGUSON , JERRY HILL Release 13402 2008 0811 - 848641 0808 - 964194 TYLER , CHARLES PHILLIP Overpayment 22929 2006 0701 - 567364 0610 - 636195 COPCUTT , III , VINCENT WILLIAM Release 17085 2007 0801 - 718586 0710 - 800130 COPCUTT , III , VINCENT WILLIAM Release 14751 2007 0801 - 718587 0710 - 800332 COPCUTT , III , VINCENT WILLIAM Release 13062 2008 0903 - 902978 0812 - 010513 MAHLER , KAREN GREGORY Release 10824 Page348 May 4 , 2009 – 10 00 am Continued 2003 0308 - 099777 0305 - 095329 BUSH , TIMOTHY SHANE Overpayment 13927 2008 0810 - 842288 0807 - 944142 RICKS , VALORIE WEAVER Tag Surrender 13964 2007 0805 - 771577 0802 - 872188 GARRETT , WILLIAM BURTON Overpayment 22203 2007 0805 - 766271 0802 - 866027 PARKS , SHEILA DENEEN Overpayment 26498 2008 0808 - 815300 0805 - 912168 CAUGHMAN , JR , JOSEPH Overpayment 25309 2007 0805 - 764917 0802 - 874306 CHAVEZ , CARLOS GUSTAVO Overpayment 21777 2006 0607 - 499341 0604 - 549352 FIELDS , TARA LYNN Overpayment 15914 2008 0809 - 820807 0806 - 924461 SPROUSE , MARK STEVEN Overpayment 15388 2008 0809 - 823128 0806 - 933378 STEIGLEMAN , III , MARLIN ELLSWORTH Overpayment 18105 2008 0809 - 823128 0806 - 933378 STEIGLEMAN , III , MARLIN ELLSWORTH Void Refund 18105 2008 0809 - 818015 0806 - 933329 STEWART , JAMIE LYN Overpayment 22030 2008 0810 - 831770 0807 - 938763 PATE , DAVID SCOTT Overpayment 23116 2008 0808 - 812560 0805 - 912719 PARRISH , CHRISTOPHER EARL Overpayment 11448 2007 0805 - 763591 0802 - 872103 FILLINGER , NATASHA NICOLE Overpayment 14944 2008 0808 - 815841 0805 - 916796 JAIMES , FABIAN Overpayment 11433 2008 0903 - 895896 0812 - 010524 OJO , EMMANUEL OLUBISI Release 13084 2008 0809 - 817189 0806 - 931305 BRASWELL , DWIGHT LEONARD Overpayment 55137 2007 0805 - 764582 0802 - 873212 BANKS , LAKESHEA JORDAN Overpayment 12325 2007 0806 - 775941 0803 - 886974 OGBURN , MICHAEL DAVID Overpayment 11520 2008 0808 - 813305 0805 - 916459 BROWN , CHRISTOPHER DAVID Overpayment 17600 2008 0809 - 824461 0806 - 934103 GARDNER , CAROL STALLINGS Overpayment 11243 2008 0809 - 821906 0806 - 933135 MASSENGILL , DEVONIA ANEISE Overpayment 15496 0805 - 920058 ROYAL , WESLEY HAMILTON Overpayment 11058 2008 0808 - 809992 2008 0810 - 840631 0807 - 947352 PENNY , JONI PARKER Overpayment 23036 2008 0810 - 836115 0807 - 947338 THORNTON , JEFFRY STEVE Overpayment 14768 2008 0808 - 813754 0805 - 917901 HARDY , JR , MICHAEL LYNDELLE Overpayment 12916 2007 0806 - 784922 0803 - 888213 BRINKLEY , DAVID LEE Overpayment 14272 2008 0902 - 892962 0804 - 902448 KILGORE , ALISON JEAN Overpayment 13515 2007 0805 - 766287 0802 - 868918 PASCUAL , EPIGMENIO Overpayment 11072 2007 0805 - 765235 0802 - 870967 FERGUSON , TIFFANY CHANELLE Overpayment 11965 2008 0807 - 797445 0804 - 900295 CARBAJAL , EDUWIJES REYES Overpayment 15647 2008 0810 - 836115 0807 - 947338 THORNTON , JEFFRY STEVE Void Refund 14768 2008 0903 - 901721 0812 - 010930 HOWARD , JR , PAUL HUBERT Release 21640 2008 0903 - 895662 0812 - 010383 MADISON , JR , ALBERT JOSEPH Release 11172 2008 0811 - 847376 0808 - 962909 JAMES , TORAN CLAY Tag Surrender 16842 2008 0903 - 903502 0812 - 012289 LESTER , GRAY BROOKS Release 27128 2008 0903 - 902410 0812 - 010557 WALL , NICHOLAS GRAY Release 18967 2008 0902 - 886639 0811 - 994532 WHARTON , CAREN MAE Release 11907 2008 0902 - 889857 0811 - 000294 MASTERKRAFT GLASS INC Overpayment 11310 2008 0902 - 882850 0811 - 000516 BROKAW , SR , ELZA VAN Release 23722 2008 0808 - 814978 0805 - 920046 EDGE , DAVID WALTER Overpayment 15956 2008 0901 - 879893 0810 - 983969 ECHOLS , JEFFERY VICTOR Release 10617 2008 0902 - 890527 0811 - 000256 CRUMPLER , JOAN LANE Tag Surrender 12068 2008 0901 - 882345 0809 - 976887 SANTAVICCA , PIETRO NEVO Void Refund 10000 Overpayment 21355 2008 0902 - 883651 0811 - 998020 ANSON , DAVID SCOTT 2007 0806 - 779455 0803 - 883469 PINDER , JOHN CURTIS Overpayment 25000 2008 0903 - 902865 0812 - 009517 FOWLER , CAPRICE MARIE Overpayment 14000 2008 0901 - 874743 0810 - 987552 YOPP , ELIZABETH PATERSON Overpayment 35150 2008 0902 - 892896 0811 - 999373 WILLIAMS , III , JOHN HENRY Release 19278 2008 0903 - 903739 0812 - 010050 WILLIAMS , III , JOHN HENRY Release 50720 2008 0903 - 893885 0812 - 013519 LAMB , LEIGH WILLIAM Overpayment 15374 2008 0903 - 902253 0812 - 007889 SISLEY , TIMOTHY LAIRD Release 15106 2008 0812 - 866747 0809 - 976783 AYCOCK , STEVEN WAYNE Overpayment 17741 2008 0902 - 888055 0811 - 000467 PRESTON , PATRICK BOUVEA Release 12413 2008 0903 - 903808 0811 - 000467 PRESTON , PATRICK BOUVEA Release 12413 2008 0902 - 883334 0811 - 993383 PARKER , MARVIN JETHRO Overpayment 47042 2008 0810 - 831505 0807 - 948533 JOHNSON , STEVEN REED Overpayment 29014 2008 0809 - 826199 0806 - 931302 FRAZIER , TENEEN ROYAL Overpayment 13022 2008 0809 - 824486 0806 - 923651 HALES , SHARON DENISE Overpayment 16245 2007 0806 - 776721 0803 - 878994 LEATH , ROGER CLINTON Overpayment 17657 2008 0902 - 891183 0811 - 000357 OATES , DOROTHY RAYNOR Tag Surrender 11052 2008 0901 - 875427 0810 - 984831 SAUCEDO , AMANDA HOLMES Overpayment 22133 2007 0805 - 773893 0802 - 862317 TAYLOR , EUGENIA ROSE Overpayment 19440 2008 0812 - 862343 0809 - 975813 WALSH , ROBERT DORMAN Overpayment 26381 Page349 May 4 , 2009 – 10 00 am Continued 2008 0903 - 899271 0812 - 010717 MITCHELL , ANTHONY WAYNE Release 10370 2008 0811 - 854878 0808 - 962451 ALTMAN , CURTIS DEAN Overpayment 36751 2008 0811 - 846391 0808 - 960839 BRADLEY , BEULAH JONES Overpayment 19019 2008 0810 - 832729 0807 - 945648 CLEMENT , BENJAMIN CARL Overpayment 30591 2008 0810 - 832984 0807 - 939034 DUSENBURY , PATRICK ANDREW Overpayment 13334 2007 0806 - 784100 0803 - 888708 MEWBORN , DEBORAH MANGUM Overpayment 17256 2008 0808 - 814335 0805 - 910747 PUTNAM , DAVID EARL Overpayment 10268 2008 0902 - 892330 0811 - 991305 BLAKE , ROBERT NEWTON Overpayment 57701 2008 0812 - 869915 0809 - 977822 IANNETTO , CHERYL NICOLE Overpayment 14981 2008 0810 - 841080 0807 - 945236 AVILA , SANTIAGO VALENCIA Release 13524 2008 0809 - 822079 0806 - 931764 RAYNOR , TYWANA CRENSHAW Overpayment 15854 2007 0710 - 681916 0707 - 760080 KING , SUSAN JOHNSON Overpayment 14827 2008 0903 - 894424 0812 - 011601 BAKER , MARK Release 12659 2008 0902 - 886382 0811 - 997828 MELENDEZ , SESTHERS LAVERNE Overpayment 14187 2008 0901 - 879019 0810 - 985264 JOHNSON SHUTTLE SERVICE INC Tag Surrender 10494 2008 0903 - 903445 0812 - 011466 MARTINSON , GEORGE WILLIAM Release 12358 2008 0812 - 870885 0809 - 974428 FINANCIAL SERVICES VEHICLE TRUST Tag Surrender 10341 2008 0812 - 858224 0809 - 978053 COLEBROOKE , GUANETTEE CYNTHIA Release 18623 2008 0902 - 882403 0811 - 996021 COLEBROOKE , GUANETTEE CYNTHIA Release 13541 2008 0810 - 838302 0807 - 948521 BATTEN , WILLIAM KEVIN Overpayment 22552 2006 0610 - 532925 0607 - 596393 RIVERWOOD GOLF & TEACHING CENTER Overpayment 2,77509 2008 0901 - 881991 0810 - 988633 O BRIEN & ASSOCIATES REALTY INC Release 28073 0607 - 596393 RIVERWOOD GOLF & TEACHING CENTER Void Refund 2,77509 2006 0610 - 532925 2006 0610 - 532925 0607 - 596393 RIVERWOOD GOLF & TEACHING CENTER Overpayment 2,57139 2008 0809 - 820713 0806 - 924898 SHUMAN , JENNIFER GETTINGER Overpayment 20213 2008 0903 - 893373 0812 - 011333 ALL STAR WASTE SERVICES LLC Release 1,06624 2008 0810 - 834833 0807 - 947327 TITUS , ERIC RYAN Overpayment 32043 2008 0809 - 822079 0806 - 931764 RAYNOR , TYWANA CRENSHAW Overpayment 15854 2008 0812 - 866747 0809 - 976783 AYCOCK , STEVEN WAYNE Overpayment 17374 2008 0810 - 834996 0807 - 948954 WEBB , CHARLES Overpayment 11460 2008 0810 - 836404 0807 - 949811 COUCH , MICHAEL WAYNE Overpayment 11124 2008 0808 - 813103 0805 - 915892 WOODS , ADRIAN BRETT Overpayment 13380 2008 0812 - 859057 0809 - 976707 DUNCAN , JOHNNY WADE Overpayment 18486 2008 0903 - 894760 0812 - 011698 COLLINS , CASEY JAMES Release 20174 Real Personal Property Releases 3 19 2009 16 05 41 121 CATHY 2007 - 069080 2000061140 RHODES , JODY ALLEN 11375 3 24 2009 14 34 11 105 SHEILA 2008 - 201413 2000030728 HOLLAND , LELA COATS 26550 3 24 2009 14 37 51 105 SHEILA 2008 - 201414 2000030728 HOLLAND , LELA COATS 26550 3 24 2009 14 38 54 105 SHEILA 2008 - 201415 2000030728 HOLLAND , LELA COATS 26550 3 24 2009 14 39 42 105 SHEILA 2008 - 201416 2000030728 HOLLAND , LELA COATS 27167 3 24 2009 14 40 44 105 SHEILA 2008 - 202149 2000030728 HOLLAND , LELA COATS 23367 3 24 2009 14 41 38 105 SHEILA 2008 - 202150 2000030728 HOLLAND , LELA COATS 23367 3 24 2009 14 42 25 105 SHEILA 2008 - 202151 2000030728 HOLLAND , LELA COATS 23367 3 24 2009 14 43 33 105 SHEILA 2008 - 202152 2000030728 HOLLAND , LELA COATS 23910 3 26 2009 10 56 21 341 ASHLEY 2008 - 501183 2000143212 PULLIAM , RICKY 14134 3 31 2009 13 49 24 341 ASHLEY 2007 - 040170 2000123772 JARAMILLO , NAHUM A 37002 3 31 2009 13 51 49 341 ASHLEY 2008 - 041374 2000123772 JARAMILLO , NAHUM A 37222 4 2 2009 15 16 51 105 SHEILA 2008 - 004907 2000133734 BARBOUR , CHARLES R JR 72625 4 6 2009 8 34 51 341 ASHLEY 2008 - 026839 2000116884 ESPINOSA , HORACIO 14134 4 7 2009 9 52 31 341 ASHLEY 2008 - 050102 53139920 LEE , FOLDEN W JR INC 27843 4 8 2009 9 46 57 105 SHEILA 2008 - 021795 2000096858 DAUGHTRIDGE ENTERPRISES 21932 4 8 2009 16 10 46 121 CATHY 2004 - 047314 2000073628 LOWES FOOD STORES INC 13418 4 8 2009 16 13 26 121 CATHY 2005 - 048179 2000073628 LOWES FOOD STORES INC 36393 4 9 2009 9 22 25 341 ASHLEY 2008 - 501219 2000131680 STEPHENSON , RAY E 29447 4 9 2009 12 13 34 341 ASHLEY 2008 - 017733 2000134093 COINS , DAVID LYN 86420 4 9 2009 16 53 59 341 ASHLEY 2008 - 043475 2000073751 JOHNSON , KIMBERLY 43720 4 13 2009 10 31 45 341 ASHLEY 2008 - 201851 2000101246 JOSEPH , CAROLYN TERESA 16455 4 13 2009 10 32 51 341 ASHLEY 2008 - 201852 2000101246 JOSEPH , CAROLYN TERESA 23051 4 13 2009 10 34 23 341 ASHLEY 2008 - 201853 2000101246 JOSEPH , CAROLYN TERESA 20843 4 13 2009 10 35 37 341 ASHLEY 2008 - 201854 2000101246 JOSEPH , CAROLYN TERESA 18117 4 13 2009 10 37 01 341 ASHLEY 2008 - 201855 2000101246 JOSEPH , CAROLYN TERESA 15430 4 13 2009 12 37 27 341 ASHLEY 2008 - 501222 2000091038 EWING , PHYLLIS M 12160 4 13 2009 14 07 40 341 ASHLEY 2008 - 013333 15383882 BYRD REALTY CO INC 1,53516 4 15 2009 8 41 52 341 ASHLEY 2008 - 098858 2000139592 TYLER , AMANDA BASS 41731PagePage pageNumber5350 May 4 , 2009 – 10 00 am Continued Real Personal Property Refunds 3 16 2009 14 21 19 9999 LOCKBOX 2008 - 014980 2000025486 CARPENTER , SALLY L 6,19623 3 19 2009 16 08 17 121 CATHY 2007 - 069080 2000061140 RHODES , JODY ALLEN 10163 3 23 2009 8 18 30 121 CATHY 2008 - 012346 2000123651 BRUCE JAMES YOUNG REVOC 60000 3 24 2009 16 28 47 310 JENNIFER 2008 - 097900 2000070902 JOHNNY ADAMS INC 1,07349 3 25 2009 10 05 33 165 JAN 2007 - 073756 2000095852 SIEREDZKI , ROBERT J 3,05986 3 25 2009 14 25 11 9999 LOCKBOX 2008 - 024633 26378190 DUNN , LOLITA N 90076 3 25 2009 14 25 12 9999 LOCKBOX 2008 - 009123 2000126217 BLACKMON , JERRY L 1,12393 3 25 2009 14 25 12 9999 LOCKBOX 2008 - 009124 000011160410 BLACKMON , JERRY LINWOOD 2,18594 3 25 2009 14 25 12 9999 LOCKBOX 2008 - 009125 000011161732 BLACKMON , JERRY LINWOOD 16331 3 30 2009 9 47 19 189 TERI 2008 - 005496 2000052194 BAREFOOT , ANTHONY CLAY 10420 4 2 2009 8 20 34 189 TERI 2008 - 005496 2000052194 BAREFOOT , ANTHONY CLAY 17450 4 2 2009 9 50 53 189 TERI 2008 - 044365 47233556 JOHNSON , WILLIS GLENN 15000 4 2 2009 10 20 58 189 TERI 2008 - 056816 2000120102 MCLEAN , DONNIE LEVERN 15000 4 3 2009 14 24 07 121 CATHY 2008 - 097389 2000137316 GORDON , BECKY Y 12578 4 3 2009 15 14 16 189 TERI 2008 - 070835 2000055259 REVELL , MICHAEL & 10210 4 3 2009 15 16 02 189 TERI 2008 - 084191 88529030 THORNTON , JEFFREY STEVEN 14768 4 7 2009 8 17 48 121 CATHY 2008 - 047372 50292815 KOCHER , MERRILL E 31637 4 7 2009 15 08 38 310 JENNIFER 2008 - 058408 2000093565 13506 MITCHELL , JAIME CHARMAINE April 20 , 2009 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 3 16 09 to 4 15 09 Tax refunds - Personal Real Property 63818 Tax releases - Personal Real Property 34441 Motor Vehicle releases refunds 9,86811 Recommended by Tax Administrator Pat Goddard Approved by Finance Officer J Chad McLamb 3 Public Comments A H1N1 Novel Flu Update Dr Marilyn Pearson , Health Department Director , shared with the Board the latest information regarding the H1N1 Novel Flu Dr Pearson confirmed that the County’s Health Department is working with the appropriate agencies to prepare for any possible outbreak in Johnston County Dr Pearson informed the Board of the latest information from the Center for Disease Control reporting there are 35 states with confirmed cases and North Carolina , at the present time , has one confirmed case with six probable cases She encouraged all citizens to follow the same good hygiene practices that would be observed for the regular seasonal flu such as frequent hand washing , covering your mouth when coughing or sneezing , and staying home when sick Dr Pearson stated the Health Department has received a shipment of necessary supplies and will keep everyone informed of the situation as it progresses B Former Johnston County Commissioner Freddie Adams , Sr Family – Presentation of Photograph Chairman Wade M Stewart noted that Johnston County recently lost a dear friend and former County Commissioner , Mr Freddie Adams , Sr , who served from 1968 until 1976 Chairman Stewart noted that the County has begun collecting 8 x 10 photos of the former County Commissioners so they can be framed and placed in the County Administration Office Chairman Stewart called on the family of Mr Freddie Adams , Sr to come forward Chairman Stewart introduced the family members , as follows Mrs Jean Adams , wife of former Commissioner Adams Mr Freddie Adams , Jr Mr Trey Adams Ms Wendy Adams Ms Rose Edwards The Board presented the framed photograph of Mr Adams PagePage pageNumber6351 May 4 , 2009 – 10 00 am Continued Mrs Adams thanked the Board for recognizing the family as well as the work by former Commissioner Adams She stated Mr Adams loved Johnston County and serving the people C Law Enforcement Employee of the Year – Chief Deputy Bengie Gaddis The Board recognized Chief Deputy Bengie Gaddis for receiving the 2009 Johnston County Law Enforcement Employee of the Year Award Chairman Wade M Stewart expressed the Board’s appreciation to Chief Deputy Gaddis for his work with the Johnston County Sheriff’s Department Sheriff Steve Bizzell commented on what an excellent job Chief Deputy Gaddis does for him and the Department Sheriff Bizzell shared with the Board the recent promotion of Chief Deputy Gaddis from Captain to Chief Deputy The Board congratulated Chief Deputy Gaddis on his promotion and recent award and thanked him for his continued dedication to Johnston County and its citizens 4 Juvenile Crime Prevention Council – Proposed Budget for FY 2009 - 2010 The Honorable Judge Addie Rawls , Juvenile Crime Prevention Council JCPC Chairperson , presented to the Board the Council’s proposed budget for FY 2009 – 2010 and requested its approval Judge Rawls stated the JCPC has received notice that the State’s allocation for the months of April , May , and June 2009 will be reduced by 10,799 and she will be meeting with the various programs concerning the reduction in funding Judge Rawls reported the largest program that will be affected by the reduction is Johnston County Youth Services She noted the State’s allocation for FY 2009 – 2010 is anticipated to be 264,454 , and the JCPC is requesting 39,000 from the County for the upcoming year , which is 1,000 less than last year’s request Judge Rawls offered to answer any questions by the Board Chairman Wade M Stewart asked Judge Rawls to give an update on the juvenile situation in the County Judge Rawls reported the juvenile problem is getting worse in the County She stated typically in the summer months , the number of juvenile cases decrease ; however , to date , the number of cases has maintained their current level Judge Rawls informed the Board that gangs do exist in Johnston County as well as Harnett and Lee Counties which is a significant problem Judge Rawls reported on some of the programs that receive funding allocations which are trying to help improve the juvenile problems in the County She introduced fellow JCPC members Aleta Ballard , Jason Coats , and Steve Strickland Chairman Stewart spoke of the importance to deal with the juvenile situation in the County and suggested that perhaps later this year , the Board of Commissioners could work with the JCPC and hold a forum with other appropriate agencies concerning the subject of juveniles and how it impacts the quality of life in Johnston County Judge Rawls stated she would be glad to assist in holding such a forum County Manager Rick Hester stated that the forum could perhaps build on the High Five Program already in place by Johnston County Schools Commissioner Cookie Pope expressed her appreciation to Judge Rawls for her dedication and efforts and noted she has heard many good things from the work by Judge Rawls in the courtroom Commissioner Pope stated she would like to get parents involved early on Judge Rawls took the opportunity to brag on the Johnston County Youth Services Program entitled Positive Connections She noted the Positive Connections Program involves utilizing a facilitator to work with children and parents on communication and learning how to overcome issues Judge Rawls stated the Positive Connections Program is offered at no cost to the JCPC and she has heard many compliments from parents involved in the program Judge Rawls asked the Board to approve the Council’s proposed budget for FY 2009 – 2010 in order for the JCPC to submit their plan to the State She noted that the 39,000 allocation from the County would be submitted as a pending allocation , realizing that the County budget would not be adopted until June PagePage pageNumber7352 May 4 , 2009 – 10 00 am Continued Commissioner DeVan Barbour moved the Board approve the Juvenile Crime Prevention Council’s proposed budget request for FY 2009 - 2010 , pending the formal adoption of the FY 2009 – 2010 County budget Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 5 Public Hearing – 10 30 am – Public Utilities Wilson’s Mills Water District Environmental Assessment Advertised – In The Smithfield Herald – March 18 , 2009 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board recessed regular session to sit as the Wilson’s Mills Water District Board Chairman Wade M Stewart opened the public hearing Tim Broome , PE , Director of Utilities and Engineering , addressed the Board and outlined the project Mr Broome reported that a Preliminary Engineering Report and Environmental Assessment has been prepared for a project described as the Wilson’s Mills to Cleveland Area Water Transmission Project consisting of approximately 20,000 linear feet of 24 ” water main Mr Broome stated the water main would run from the vicinity of the Johnston County Water Treatment Plant to the Cleveland Area with the first phase ending at Little Creek Church Road and the second phase involving extensions on SR 1010 and Steel Bridge Road He stated the pipeline has been designed and easements are being acquired Mr Broome noted that staff brought this project to the Board several months ago and requested approval to apply for stimulus funds to pay for the project Mr Broome stated staff has been told that the District will not receive any stimulus funding for the project ; however , staff hopes to secure USDA - Rural Development financial assistance Mr Broome outlined the proposed route of the pipeline on a map for the Board He stated the project is urgently needed in order to meet seasonal peak water demands in the western part of the County Commissioner Tony Braswell asked if staff was aware of any other potential stimulus funding opportunities for other projects in the County Mr Broome responded that the magnetic ion exchange process project at the Water Treatment Plant is the only project that will receive stimulus funding , which was disappointing to staff Mr Broome reported that even though the County and the Water Districts are legal separate entities , staff was informed that the County would only receive funding for one project In response to a question from the County Manager , Mr Broome stated there will be a second round of funding allocations with considerably less money in June or July He stated there is some hope to secure USDA - Rural Development monies to fund a proposed fire hydrant project in the County Chairman Stewart asked if there were any other comments or questions by the Board or from the audience There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adjourned as the Wilson’s Mills Water District Board , and regular session was resumed 6 Public Utilities – Award of Construction Contract – Landfill Flow Equalization Basin Tim Broome , Director of Utilities and Engineering , reported that on April 21 , 2009 , at 2 00 pm , the Board of Commissioners received bids for the wastewater flow equalization basin on the Landfill site Mr Broome stated the bid advertisement and opening procedures were consistent with statutory requirements to the best of staff’s knowledge and six 6 bids were received , as follows Bidder Bid Amount Water & Waste Systems Construction , Inc 636,00000 Raleigh , NC RD Braswell Construction Co 642,90000 Smithfield , NCPagePage pageNumber8353 May 4 , 2009 – 10 00 am Continued Eberhart Construction , Inc 726,83800 Willow Springs , NC ES & J Enterprises , Inc 736,77120 Autryville , NC State Utility Contractors , Inc 762,00000 Monroe , NC J F Wilkerson Contracting Co 1,184,35000 Morrisville , NC Mr Broome noted that last year the Board of Commissioners approved a project for conversion of the existing , underused landfill leachate treatment basin to a wastewater flow equalization basin The new facility will accommodate peak daily wastewater flows from the Cleveland and McGee’s Crossroads areas Mr Broome stated that without flow equalization , a 32 million parallel force main would need to be constructed from the landfill wastewater pump station to the County Wastewater Treatment Plant Mr Broome reported the project is being funded , in part , by a 50 grant from the NC Rural Center A portion of the matching share of the project cost was expected to be a USDA Rural Development loan ; however , the County does not qualify on the basis of need and available funding alternatives The amount of 66,000 was previously budgeted as the local cost share , and an amount of 300,000 is included in the FY 2008 - 2009 budget for “ developer upsizing ” of wastewater collection facilities Mr Broome stated that no projects of this type have been proposed , so this amount may be used for the local cost share Mr Broome stated staff recommends award of the wastewater flow equalization basin project contract to low bidder Water & Waste Systems Construction , Inc of Raleigh , NC in the amount of 636,00000 He stated staff further recommends the transfer of 300,000 from Fund 68 , account 79007400 - capital outlay and appropriation of 3,000 from Fund 68 reserve for the local cost share of the project along with the adoption of the capital budget for the project , as follows Expenditures Construction 636,000 Contingency 18,000 Technical Services 84,000 Total 738,000 Revenues NC Rural Center Grant 369,000 Local Appropriation Previously Budgeted 66,000 Appropriation from Fund 68 303,000 Total 738,000 Commissioner Jeffrey P Carver asked if the County has utilized the low bidder in other past projects and if so , was the work performed satisfactorily Mr Broome stated Water and Waste Systems Construction , Inc has not directly performed work for the County ; however , they have constructed systems for private developers that the County inspected and ultimately took ownership of with no problems Mr Broome also noted that the company has excellent references Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board took the following actions • Awarded the wastewater flow equalization basin project contract to low bidder Water & Waste Systems Construction , Inc of Raleigh , NC in the amount of 636,00000 ; • Adopted the above capital project budget ; • Approved the appropriation of funds for the project by adoption of the budget revisions as follows PagePage pageNumber9354 May 4 , 2009 – 10 00 am Continued BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 84261800 20 Construction 16,00000 20 84260406 Technical Services 18,00000 20 84267406 Contingency 16,00000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 20 842637933 USDA - Rural Development Loan 327,00000 20 842637932 NC Rural Center Grant 42,00000 20 842637925 Transfer from Other Funds 303,00000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 79007400 Capital Outlay 300,00000 68 79009023 Transfer to Other Funds 303,00000 68 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 68 790033990 Fund Balance Appropriated 3,00000 7 Public Utilities – Award of Construction Contract – Landfill Leachate Management Project Tim Broome , Director of Utilities and Engineering , reported that on April 24 , 2009 , at 2 00 pm , the Board of Commissioners received bids for the Landfill Leachate Management Project Mr Broome stated the bid advertisement and opening procedures were consistent with statutory requirements to the best of staff’s knowledge and ten 10 bids were received , as follows Bidder Bid Amount ES & J Enterprises , Inc 262,16550 Autryville , NC Shamrock Environmental 299,97900 Browns Summit , NC Blackmon Contracting Co , Inc 327,64500 Smithfield , NC R D Braswell Construction 335,93250 Smithfield , NC TA Loving 343,74500 Goldsboro , NC JF Wilkerson Contracting 396,72250 Morrisville , NC Vaughan Contracting , Inc 442,696,75 Wadesboro , NC EBG , Inc 445,46750 Clayton , NC Pipeline Utilities 472,19950 Raleigh , NC Lanier Construction Co , Inc 485,23750 Snow Hill , NC Mr Broome informed the Board that leachate migration is occurring in several areas of the landfill The majority of the sources of seepage are from abandoned , unlined cells He stated one area is from Cell No 5 , a lined cell which is approximately 98 filled , that has not yet received its permanent , impermeable cover The County’s operating permit requires any significant “ leachate breakout ” to be corrected Accordingly , staff authorized the County’s landfill engineering consultant to prepare plans and advertise for bids for subsurface drainage lines and a pumping facility necessary to intercept the migrating leachate and divert it into the leachate collection and treatment system Page0355 May 4 , 2009 – 10 00 am Continued Mr Broome reported two landfill capital construction projects have been completed which have cost under - runs and their budgets have not been closed out The Municipal Solid Waste Phase 4A – Cell 2 project has a surplus balance of 92,44868 , and the Construction & Demolition Cell 2 project has a surplus balance of 103,88578 Mr Broome stated staff recommends transferring the total of 196,33446 from these two projects and appropriating 93,66554 from Fund 66 – Solid Waste reserve to fund the project Mr Broome stated if the funding recommendation is satisfactory , staff recommends award of the Landfill Leachate Management Project contract to low bidder ES & J Enterprises of Autryville , NC in the amount of 262,16550 , along with the adoption of the capital budget for the project , as follows Construction 262,16550 Contingency 14,83450 Technical Services 13,00000 Total 290,00000 In response to a question from Commissioner Allen L Mims , Jr , Mr Broome stated all the funding would be from the County and no grant funds are involved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board took the following actions • Awarded the Landfill Leachate Management Project contract to low bidder ES & J Enterprises of Autryville , NC in the amount of 262,16550 ; • Approved the appropriation of funds for the project by adoption of the budget revisions as follows BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 66 77109023 Transfer to Other Funds 93,66554 20 77129023 Transfer to Other Funds 103,88578 20 77120406 Technical Services 56,60615 20 77121800 Construction 063 20 77127406 Contingency 47,27900 20 84459023 Transfer to Other Funds 92,44868 20 84450406 Technical Services 26,19698 20 84451800 Construction 8,25770 20 84457406 Contingency 57,99400 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 66 771033990 Fund Balance Appropriated 93,66554 • Adopted the capital project budget ordinance , as follows CAPITAL PROJECT ORDINANCE FOR THE LANDFILL LEACHATE MANAGEMENT PROJECT BE IT RESOLVED by the Board of Commissioners the “ Board ” of the County of Johnston , North Carolina the “ County ” , that pursuant to Section 132 of Chapter 159 of the General Statutes of North Carolina , the following capital project ordinance is hereby adopted Section 1 The project authorized is the landfill leachate management project to correct leachate migration It is anticipated that the Project will be financed from surplus balances in the MSW Landfill Phase 4A - Cell 2 capital project fund and the C & D Landfill Cell 2 capital project fund , and an appropriation from Fund 66 - Solid Waste reserves Section 2 The officers of the County are hereby directed to proceed with the Project within the terms of the budget contained herein Section 3 The following amounts are appropriated for the project Construction 262,16550 2084481800 Technical Services 13,00000 2084480406 Contingency 14,83450 2084487406 Total 290,00000 Section 4 The following revenues are anticipated to be available to complete this project MSW Phase 4A – Cell 2 Project Surplus 92,44868 20844837925 C & D Landfill Cell 2 Project Surplus 103,88578 20844837925 Solid Waste Fund – Fund 66 Reserves 93,66554 20844837925Page1356 May 4 , 2009 – 10 00 am Continued Total 290,00000 Section 5 The Director of Finance is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy state and federal regulations Section 6 Funds may be advanced from Fund 66 for the purpose of making payments as due Section 7 The Director of Finance is hereby directed to report annually on the financial status of each project element in Section 3 and the total revenue received Section 8 Copies of this capital project ordinance shall be furnished to the Clerk to the Board , the Budget Officer and the Director of Finance for direction in carrying out this project Adopted this 4th day of May 2009 8 Public Utilities – Briefing on Solid Waste Matters Solid Waste Services Rick Proctor , Solid Waste Manager , briefed the Board on several matters concerning the County’s solid waste services Mr Proctor reported several State rules will become effective over the next 20 months involving materials to be banned from landfill disposal Mr Proctor outlined the materials to be banned and their effective dates , as follows Material Effective Date Motor Oil Filters 10 1 09 Recyclable Plastic Bottles 10 1 09 Recyclable rigid plastic containers that have a neck smaller than the body of the container , and that accept a screw top , snap cap , or other closure Wooden Pallets 10 1 09 This ban will affect the MSW landfill only C & D landfill disposal will be allowed Televisions 1 1 11 Computer Equipment 1 1 11 Computer equipment does not include printers , scanners , or fax machines Chairman Wade M Stewart questioned how citizens would be able to dispose of the above referenced materials Mr Proctor stated oil filters can easily be added to the current recycling program at the convenience centers or the landfill He noted wooden pallets could still be accommodated in the C & D landfill or could be handled through the clean wood waste program Mr Proctor explained that staff is investigating options to address television and computer equipment disposal He noted there are three State contracts in place that offers turn - key disposal or a customized program with specific costs to be determined At the inquiry of Commissioner Cookie Pope , Mr Proctor confirmed that there are already ample containers in place at the convenience center sites to receive recyclable plastic bottles Chairman Stewart expressed concerns that if citizens are not able to easily dispose of such products at the landfill then those products will end up as litter on the side of the road Commissioner W Ray Woodall echoed the concerns by Chairman Stewart Commissioner Woodall stated he is already seeing computers and televisions on the roadsides Landfill Gas to Energy Project Jackie McLamb , Consultant to the Public Utilities Department , reported the Landfill Gas to Energy Project is progressing He noted there are approximately seven major phases in the project and currently staff is in phase two which involves field testing to quantify the daily volume of methane which can be captured and to determine the quality of the gas Mr McLamb stated staff is also in the process of exploring capital financing for the project He explained there are a number of financing options the federal government offers such as the Clean Renewable Energy Bonds and the Department of Energy’s Renewable Energy Production Incentive Program Mr McLamb stated landfill gas can be used to provide two sources of energy which are thermalPage2357 May 4 , 2009 – 10 00 am Continued energy or electricity generation He stated it is staff’s opinion that the County should concentrate on electricity generation in that thermal energy would only be beneficial to an industry requiring a large heat source Mr McLamb explained that the next phase involves developing a feasibility projection based on an operating budget and the capital cost He noted there is currently an open Request for Proposals from Progress Energy to purchase electricity generated from renewable energy sources such as the Landfill Gas to Energy Project There are other valuable intangible products associated with the program including renewable energy credits and carbon credits Mr McLamb reported staff hopes to have a final plan of development completed by mid June and a draft contract proposal for Progress Energy ready for the Board’s consideration by the July meeting The Board thanked Mr Proctor and Mr McLamb for the information and asked to be kept informed 9 Finance – Resolution – Refunding Bonds 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 15,050,000 GENERAL OBLIGATION REFUNDING BONDS , SERIES 2009B AND 20,985,000 GENERAL OBLIGATION REFUNDING BONDS , SERIES 2009C ; WITH EACH AMOUNT SUBJECT TO ADJUSTMENT AS PROVIDED HEREIN 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 “ 2006 Order ” authorizing 24,800,000 Refunding Bonds was adopted by the Board on June 5 , 2006 , which order has taken effect b That an order the “ 2009 Order ” authorizing 35,500,000 Refunding Bonds was adopted by the Board on April 6 , 2009 , which order has taken effect c That none of the Bonds authorized to be issued by the 2006 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 School Bonds , Series 2001 , dated June 1 , 2001 the “ 2001 Bonds To Be Refunded ” d That none of the Bonds authorized to be issued by the 2009 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 the 2002 Bonds to be Refunded and , collectively with the 2001 Bonds to be Refunded , the “ Bonds To Be Refunded ” e That the prospective Bonds To Be Refunded financed , together with any other funds necessary , various public school and other public facilities of the County f 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 , 2023 Section 2 a Pursuant to the 2006 Order there shall be issued bonds of the County in an aggregate principal amount of 15,050,000 , with such amount subject to adjustment as hereinafter set forth , designated “ General Obligation Refunding Bonds , Series 2009B ” and dated their date of delivery , or such other date as may be designated by the County Manager or Director of Finance the “ Series 2009B 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 2009B Bonds by any amount , so long as such amount shall not exceed 24,800,000 , as determined to be in the best interest of the County , and may make any such increase or decrease either before or after the bids are opened The Series 2009B 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 , 1,460,000 2012 , 1,630,000 2013 , 1,600,000 2014 , 1,560,000 2015 , 1,535,000 2016 , 1,500,000 2017 , 1,475,000 2018 , 1,450,000 2019 , 1,425,000 2020 and 1,415,000 2021 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 2009B Bonds maturing at each maturity , either before or after the opening of bids including elimination of a maturity , provided that the aggregate principal amount of the Bonds shall not exceed 24,800,000 The Series 2009B 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 2009B Bonds are sold , which interest to the respective maturities thereof shall be payable on August 1 , 2009 or such other date as is designated by the County Manager or the Director of Finance in connection with the sale of the Series 2009B 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 2009B Bonds until payment of such principal sum Page3358 May 4 , 2009 – 10 00 am Continued Notwithstanding the foregoing provisions of this resolution , since interest rates on a proposed sale date are unpredictable , at any time before the Series 2009B 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 2009B Bonds including postponement to a later date , to a subsequently announced date or indefinitely b Pursuant to the 2009 Order there shall be issued bonds of the County in an aggregate principal amount of 20,985,000 , with such amount subject to adjustment as hereinafter set forth , designated “ General Obligation Refunding Bonds , Series 2009C ” and dated their date of delivery , or such other date as may be designated by the County Manager or Director of Finance the “ Series 2009C Bonds ” and , collectively with the Series 2009B Bonds , the 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 2009C Bonds by any amount , so long as such amount shall not exceed 35,500,000 , 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 2009C 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 , 75,000 2010 , 295,000 2011 , 305,000 2012 , 2,700,000 2013 , 2,645,000 2014 , 2,590,000 2015 , 2,550,000 2016 , 2,505,000 2017 , 2,470,000 2018 , 2,440,000 2019 and 2,410,000 2020 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 2009C Bonds maturing at each maturity , either before or after the opening of bids including elimination of a maturity , provided that the aggregate principal amount of the Bonds shall not exceed 35,500,000 The Series 2009C 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 2009C Bonds are sold , which interest to the respective maturities thereof shall be payable on August 1 , 2009 or such other date as is designated by the County Manager or the Director of Finance in connection with the sale of the Series 2009C 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 2009C 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 2009C 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 2009C 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 Page4359 May 4 , 2009 – 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 2009B 2009C 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 , 2009 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 privatePage5360 May 4 , 2009 – 10 00 am Continued 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 2009B Series 2009C ” 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 [ School Bonds , Series 2001 , dated June 1 , 2001 Public Improvement Bonds , Series 2002 , dated March 1 , 2002 ] 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