January 10, 2005 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 22 Meeting of the Johnston County Board of Commissioners January 10 , 2005 The Johnston County Board of Commissioners met in regular session Monday , January 10 , 2005 , at 7 00 pm in the Commissioners ’ Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , J Mark Payne , County Attorney , Della H Knight , Deputy Clerk , and April N Byrd , Assistant to the Clerk The Chairman called the meeting to order and the following business was transacted 1 Public Comments - No one spoke at this time 2 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In The Smithfield Herald - December 28 , 2004 , January 4 , 2005 Certified letters were mailed to adjoining property owners on December 30 , 2004 , and notices posted at the locations on December 27 , 2004 The Chairman opened the Public Hearing for rezoning cases CASE 04 - 39 This case was introduced , however , the applicant was not present at this time , and the case was postponed until the owner applicant arrived later in the meeting CASE 04 - 45 Petition to rezone 114 acres located on US Highway 50 North in Elevation Township from Agricultural - Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 07E07199A Owner Petitioner Roger Williams Jeremy Smith , Planner , identified the property on the GIS map and noted this is a residual tract of land that will be left over from the development of Black Creek Plantation Subdivision NC DOT has shifted the road going into the subdivision approximately 100 ft , leaving a 114 acre tract with no value to its current zoning and permitted use The applicant requested rezoning to Industrial 1 - Special Use District I1 - SUD to coincide with adjoining I - 1 SUD property that he also owns , which was approved for a mini - storage building and equipment storage Case 408 Mr Smith stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 04 - 45 Decision on Rezoning Case 04 - 45 CASE 04 - 45 Petition to rezone 114 acres located on US Highway 50 North in Elevation Township from Agricultural - Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 07E07199A Owner Petitioner Roger Williams Commissioner DeVan Barbour moved the Board approve rezoning case 04 - 45 for approximately 114 acres located on US Highway 50 North in Elevation Township from Agricultural - Residential AR to Industrial 1 - Special Use District I1 - SUD for owner petitioner Roger Williams Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Public Hearing CASE 04 - 45 Application to allow for construction , mini - storage building , equipment storage Owner Applicant Roger Williams Those wishing to speak on Special Use Case 04 - 45 were sworn in by the Clerk to the Board Planner Jeremy Smith explained that this is a companion special use permit request for this property to have the same zoning designation as Special Use Case 408 , so that the two properties can be used in conjunction with one another The request is for the construction of a mini - storage building and for equipment storage He noted that no additional buildings would be constructed , other than those originally approved in the special use case on the adjoining property Case 408 Mr Smith entered the following summary of evidence into the record Page23 January 10 , 2005 Continued A pre - application consultation was held with the applicant for Case 04 - 45 408 on October 18 , 2004 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Department for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Boards decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicants Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearing were advertised in accordance with the requirements of the North Carolina General Statutes On November 16 , 2004 the Johnston County Planning Board held a public hearing regarding the Special Use Permit for Case 04 - 45 408 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 for the Special Use Permit Application approval to allow for the construction of a workshop , mini - storage building and equipment storage The Planning Board recommended the following Finding of Facts and Special Conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide additional services to the development community Special Use Conditions 1 Adhere to the plans submitted on original site plan Betty Leveris , Southern Star Realty , representing Mr Williams , stated that the additional 114 acres would be for parking and storage of equipment There being no further comments , the Chairman recessed the Special Use Public Hearing for Case 04 - 45 Decision on Special Use Case 04 - 45 CASE 04 - 45 Application to allow for construction , mini - storage building , equipment storage Owner Applicant Roger Williams Based upon the following findings of fact , with special conditions attached , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to applicant , Roger Williams , to allow for the construction of a mini - storage building and equipment storage on US Highway 50 North in Elevation Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide additional services to the development community Page24 January 10 , 2005 Continued Special Use Conditions 1 Adhere to the plans submitted on original site plan The Chairman reopened the Rezoning Public Hearing for Case 04 - 39 CASE 04 - 39 Petition to rezone 115 acres located on Old US Highway 70 SR 1004 in Clayton Township , from Agricultural - Residential AR to Office and Institutional - Special Use District OI - SUD Tax ID 05G01020 Owner Petitioner K & K Associates of NC Jeremy Smith , Planner , identified the property on the GIS map and noted this is a request to rezone 115 acres located on Old US Highway 70 in Clayton Township from Agricultural - Residential AR to Office and Institutional - Special Use District OI - SUD He noted the surrounding zoning is primarily agricultural residential , with some existing commercial properties along Old US Highway 70 Clayton’s ETJ is located to the east of the proposed rezoning There being no further comments , the Chairman recessed the Rezoning Hearing for Case 04 - 39 Decision on Rezoning Case 04 - 39 CASE 04 - 39 Petition to rezone 115 acres located on Old US Highway 70 SR 1004 in Clayton Township , from Agricultural - Residential AR to Office and Institutional - Special Use District OI - SUD Tax ID 05G01020 Owner Petitioner K & K Associates of NC Commissioner Tony Braswell moved the Board approve rezoning case 04 - 39 , 115 acres located on Old US Highway 70 SR 1004 in Clayton Township , from Agricultural - Residential AR to Office and Institutional - Special Use District OI - SUD for owner petitioner K & K Associates of NC Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Public Hearing for Case 04 - 39 CASE 04 - 39 Application to construct and operate a medical real estate office facility Owner Applicant K & K Associates of NC Those wishing to speak on Special Use Case 04 - 39 were sworn in by the Clerk to the Board Planner Jeremy Smith explained that this is a companion special use request to allow the construction and operation of a medical real estate office facility He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 39 on August 15 , 2004 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Department for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Boards decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicants Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearing were advertised in accordance with the requirements of the North Carolina General Statutes On October 19 , 2004 the Johnston County Planning Board held a public hearing regarding the Special Use Permit for Case 04 - 39 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 for the Special Use Permit Application to construct and operate a medical real estate office facility The Planning Board recommended the following Finding of Facts and Special Conditions Page25 January 10 , 2005 Continued Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 The use as proposed will provide a valuable service to the community Special Conditions 1 Submittal of a detailed site plan for review and approval by Planning and Zoning staff 2 Installation of a Class B buffer 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet 3 Operation hours Monday through Saturday 7 00am to 7 00pm and Sunday 11 00 am to 5 00 pm 4 Signage Ground Sign 025 square feet per linear foot of street frontage ; no higher than 6 from ground to top , no more than 4 x 5 20 square feet , with no more than one flood light per side 5 The office building be designed so as to have a residential appearance Ravi Kohli , stated that he and his wife wish to construct an office building to relocate both of their businesses closer to home Mr Kohli works in real estate in Raleigh , and his wife is a child psychologist in Goldsboro He noted that the requested rezoning and special use permit are for a small portion of a larger tract on which they hope to build a home An existing home on the 115 acres will be turned into a storage facility In response to a question from Commissioner Allen L Mims , Jr concerning traffic on Old US 70 , Mr Kohli explained that office hours would begin later in the morning , after most of the heavy traffic is over There being no further comments , the Chairman recessed the Special Use Public Hearing for Case 04 - 39 Decision on Special Use Case 04 - 39 CASE 04 - 39 Application to construct and operate a medical real estate office facility Owner Applicant K & K Associates of NC Based upon the following findings of fact , with special conditions attached , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to applicant , K & K Associates of NC , to allow for the construction and operation of a medical real estate facility on 115 acres located on Old US Highway 70 in Clayton Township Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 The use as proposed will provide a valuable service to the community Special Conditions 1 Submittal of a detailed site plan for review and approval by Planning and Zoning staff 2 Installation of a Class B buffer 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet 3 Operation hours Monday through Saturday 7 00am to 7 00pm and Sunday 11 00 am to 5 00 pm 4 Signage Ground Sign 025 square feet per linear foot of street frontage ; no higher than 6 from ground to top , no more than 4 x 5 20 square feet , with no more than one flood light per side 5 The office building be designed so as to have a residential appearance The Chairman reopened the Special Use Public Hearing for Case 04 - 05 PagePage pageNumber526 January 10 , 2005 Continued CASE 04 - 05 Application to modify an existing special use permit on approximately 29 acres located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road in Clayton Township to allow an additional use of an auto service center with several bays and to establish the service center’s hours of operation from 7 00 am to 7 00 pm while the hours of operation for the previously approved permitted use of the convenience store will remain from 6 00 am to 12 00 midnight Owner Applicant Derek Coryea Those wishing to speak on Special Use Case 04 - 05 were sworn in by the Clerk to the Board Planner , Jeremy Smith , stated that this is a request to modify an existing special use permit to allow an additional use of an auto service center with several bays , and to establish the service center’s hours of operation from 7 00 am to 7 00 pm , while the hours for the previously approved permitted use of the convenience store will remain from 6 00 am to 12 00 midnight He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 5 on October 16 , 2004 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Boards decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicants Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 16 , 2004 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 5 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 for the Special Use Permit to allow an addition to the existing use of gas station , an auto service center Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will add a valuable service Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Operating hours 6 00 am - 12 00 midnight , 7 seven days a week for a gas station convenience store ; 7 00 am to 7 00 pm 7 seven days a week for an auto service center 3 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts ; No additional signage 4 Buffering Class B which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 All new buildings must comply with rules enforced by the following departments and or agencies NC Department of Transportation , Johnston County Building Inspections , Johnston County Public Utilities and Johnston County Environmental Health 6 Proposed access to NC 42 be moved as far east of the intersection as possible and be approved by DOT Scott Boatwright , 3719 NC 42 W , Clayton , who owns the lot east of the proposed auto service center , voiced concern about security for his home and property He requested that the owner construct a fence between the two properties In discussion , Mr Boatwright agreed that a 4 ft chain link fence would be sufficient PagePage pageNumber627 January 10 , 2005 Continued Applicant Derek Coryea agreed for the fence to be a condition of the special use There being no further comments , the Chairman closed the Special Use Public Hearing for Case 04 - 05 Decision on Special Use Case 04 - 05 CASE 04 - 05 Application to modify an existing special use permit on approximately 29 acres located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road in Clayton Township to allow an additional use of an auto service center with several bays and to establish the service center’s hours of operation from 7 00 am to 7 00 pm while the hours of operation for the previously approved permitted use of the convenience store will remain from 6 00 am to 12 00 midnight Owner Applicant Derek Coryea Based upon the following findings of fact , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to applicant , Derek Coryea , to modify an existing special use permit on approximately 29 acres located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road in Clayton Township to allow an additional use of an auto service center with several bays , with the existing conditions , the new conditions recommended by the Planning Board , and the additional condition # 7 Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will add a valuable service Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Operating hours 6 00 am - 12 00 midnight , 7 seven days a week for a gas station convenience store ; 7 00 am to 7 00 pm 7 seven days a week for an auto service center 3 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts ; No additional signage 4 Buffering Class B which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 All new buildings must comply with rules enforced by the following departments and or agencies NC Department of Transportation , Johnston County Building Inspections , Johnston County Public Utilities and Johnston County Environmental Health 6 Proposed access to NC 42 be moved as far east of the intersection as possible and be approved by DOT 7 Construction of a 4 ft high chain link fence along the eastern boundary of the property NOTE Modifications and additions to the original special use permit are noted in bold and italics The Chairman reopened the Rezoning Public Hearing for Case 04 - 40 Case 04 - 40 Petition to rezone 10901 acres located on Pierce Road SR 1546 in Cleveland Township from Agricultural - Residential AR and Interstate Highway Interchange District IHI to Agricultural - Residential - Special Use District AR - SUD Tax ID 06E03003D , 06D01007B , 06D01023B , 06E03003I , and 06E02006N Owners GP Sherill , and RAS , LLC Petitioner Crosland Engineering and Wm G Daniel & Associates Jeremy Smith , Planner , identified the property on the GIS map and noted this request is to rezone 10901 acres on Pierce Road in the Cleveland Township He added that the property is located on both sides of Pierce Road The zoning in the area is predominately Agricultural - Residential AR to the west , and Interstate Highway Overlay District IHOD to the east PagePage pageNumber728 January 10 , 2005 Continued Jim Anderson , Vice - President , Land Division , Crosland , Inc , requested the Board table Case 04 - 40 until their February meeting because of an access issue He explained that Crosland needs a few more weeks to secure an agreement on a second access to the property There being no further comments , the Chairman closed the Rezoning Hearing for Case 04 - 40 Motion to Table Case Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board tabled the rezoning for case 04 - 40 of 10901 acres located on Pierce Road SR 1546 in Cleveland Township from Agricultural - Residential AR and Interstate Highway Interchange District IHI to Agricultural - Residential - Special Use District AR - SUD for owners , GP Sherill , and RAS , LLC , and Petitioner , Crosland Engineering and Wm G Daniel & Associates 3 Resolution Authorizing Issuance and Sale of GO Water Bonds for Meadow Water District Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board recessed regular session to sit as the Meadow Water District Board The following resolution was discussed and its title read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER BONDS , SERIES 2005 IN THE AGGREGATE PRINCIPAL AMOUNT OF 3,252,000 WHEREAS , the Bond Order hereinafter described was authorized and adopted by the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Meadow Water District of Johnston County the “ District ” on November 4 , 2002 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on January 21 , 2003 ; and WHEREAS , the Board desires to provide for the issuance of 3,252,000 General Obligation Water Bonds , Series 2005 the “ Bonds ” to refund 3,252,000 Water Bond Anticipation Notes previously issued pursuant to such Bond Order ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Meadow Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on January 10 , 2005 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE MEADOW WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA 1 The District shall issue its general obligation water bonds in an aggregate principal amount of 3,252,000 pursuant to and in accordance with the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE MEADOW WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 7,000,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT 2 The Bonds will be designated “ General Obligation Water Bonds ” and shall be dated February 7 , 2005 The Bonds shall mature in annual installments on June 1 in years and amounts as follows Year Amount Year Amount Year Amount 2007 36,000 2020 63,000 2033 108,000 2008 38,000 2021 65,000 2034 112,000 2009 40,000 2022 68,000 2035 117,000 2010 41,000 2023 71,000 2036 122,000 2011 43,000 2024 74,000 2037 127,000 2012 45,000 2025 77,000 2038 133,000 2013 47,000 2026 81,000 2039 138,000 2014 49,000 2027 84,000 2040 144,000 2015 51,000 2028 88,000 2041 144,000PagePage pageNumber829 January 10 , 2005 Continued Year Amount Year Amount Year Amount 2016 53,000 2029 91,000 2042 144,000 2017 55,000 2030 95,000 2043 144,000 2018 58,000 2031 99,000 2044 144,000 2019 60,000 2032 103,000 The Bonds shall bear interest at a rate of 425 payable on June 1 , 2005 , and annually on each June 1 thereafter ; provided if the Bonds are not held by the United States of America , interest will be payable on each June 1 and December 1 The Bonds are issuable in fully registered form in the denomination of 1,000 or any integral multiple thereof Interest on the Bonds will be payable to the person appearing on the registration books of the District as the registered owner 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 the registered owner at his address as it appears , provided if payable to the United States of America , at such address as may be designated by the United States of America During such time as the Bonds are held by the United States of America , the Bonds will not be defeased without the written consent of the United States of America Initially , one fully registered bond without coupons will be issued , exchangeable within 90 days after notice for bonds of a like aggregate principal amount in authorized denominations During any period the Bonds are not held by the United States of America , interest and principal thereon shall be payable at First - Citizens Bank & Trust Company , Raleigh , North Carolina 3 So long as the Bonds are held or insured by the United States of America , the Bonds will be subject to redemption , at the option of the District , at any time at the principal amount thereof to be redeemed , together with interest accrued thereon to the date fixed for redemption , but without any premium Any such prepayment of principal will be applied in inverse order of maturity If the Bonds are not held or insured by the United States of America , the Bonds maturing on or after June 1 , 2016 , are subject to redemption , at the option of the District , at any time on or after June 1 , 2015 , at any time at the principal amount thereof to be redeemed , together with interest accrued thereon to the date fixed for redemption , but without any premium Notice of redemption shall be given by first class mail , postage prepaid , to the registered owner of the Bonds Such notice shall be mailed not more than 60 nor less than 30 days prior to the date fixed for redemption 4 The Bonds shall be signed by the manual or facsimile signature of the Chairman , shall be countersigned by the manual or facsimile signature of the Clerk and the manual or facsimile District seal shall be printed or affixed thereon No Bond shall be valid until it has been endorsed by the manual or facsimile signature of the authorized representative of the North Carolina Local Government Commission the “ LGC ” 5 The Bonds shall be in substantially the following form , the terms and requirements of which are incorporated herein by reference REGISTERED REGISTERED No R - ___ 3,252,000 UNITED STATES OF AMERICA STATE OF NORTH CAROLINA JOHNSTON COUNTY , NORTH CAROLINA ACTING AS THE GOVERNING BODY OF THE MEADOW WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA Water Bond , Series 2005 The Meadow Water District of Johnston County , North Carolina the “ District ” acknowledges itself indebted and for value received , hereby promises to pay to the UNITED STATES OF AMERICA , ACTING BY AND THROUGH RURAL UTILITIES SERVICE , AN AGENCY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE or its registered assigns the “ Payee ” , the principal sum of THREE MILLION TWO HUNDRED FIFTY - TWO THOUSAND AND NO 100 DOLLARS 3,252,000 on the first day of June in installments as follows Year Amount Year Amount Year Amount 2007 36,000 2020 63,000 2033 108,000 2008 38,000 2021 65,000 2034 112,000 2009 40,000 2022 68,000 2035 117,000 2010 41,000 2023 71,000 2036 122,000PagePage pageNumber930 January 10 , 2005 Continued Year Amount Year Amount Year Amount 2011 43,000 2024 74,000 2037 127,000 2012 45,000 2025 77,000 2038 133,000 2013 47,000 2026 81,000 2039 138,000 2014 49,000 2027 84,000 2040 144,000 2015 51,000 2028 88,000 2041 144,000 2016 53,000 2029 91,000 2042 144,000 2017 55,000 2030 95,000 2043 144,000 2018 58,000 2031 99,000 2044 144,000 2019 60,000 2032 103,000 in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America , and to pay interest on the balance of said principal sum from time to time remaining unpaid , in like coin or currency , from the date hereof at the rate of 425 per annum , while held by the original payee , on June 1 , 2005 , and thereafter on June 1 of each year provided if this bond is not owned by the United States of America , interest shall be payable on each June 1 and December 1 , until the principal amount hereof has been paid Payments of the installments of principal and interest then due and payable on this bond without presentation or surrender hereof shall be made to the United States of America at such address as may be designated by it and , during any such time as an assignee of the Payee is the owner hereof , at the principal corporate trust office of First - Citizens Bank & Trust Company , Raleigh , North Carolina Upon receipt of such payments of principal and interest , written notice of the receipt thereof shall be given promptly to the District and the District shall be fully discharged of the obligation on this bond to the extent of the payment so made Upon final payment of principal and interest , this bond shall be surrendered to the District for cancellation This bond is issued in accordance with the Local Government Finance Act , Chapter 159 of the North Carolina General Statutes , and a bond order adopted by the Board of the District on November 4 , 2002 , to pay capital costs of acquiring , constructing and equipping a water system in the District The issuance of these bonds and the contracting of the indebtedness evidenced hereby were approved by a majority of the qualified voters of the District voting at an election held on January 23 , 2003 The District has designated this bond and the issue of which it is a part as “ qualified tax - exempt obligations ” under Section 265 b 3 of the Internal Revenue Code of 1986 This bond is exchangeable at the sole expense of the District at any time , upon ninety 90 days ’ notice , at the request of the registered owner hereof and upon surrender of this bond to the District , for fully registered bonds , in the denomination of 1,000 each or any integral multiple thereof , in an aggregate principal amount equal to the unpaid principal amount of this bond and in the form of such fully registered multiple bonds as is provided for the resolution authorizing the issuance of the bonds This bond may be assigned and upon such assignment , the assignor shall promptly notify the District by registered mail , and the assignee shall surrender the same to the District for transfer on the registration records , or in exchange for fully registered bonds in the denomination of 1,000 each or any integral multiple thereof in an aggregate principal amount equal to the unpaid principal amount of such single registered bond and bearing maturities corresponding to the principal installments on such single registered bond then unpaid , and every such assignee shall take this bond subject to such condition So long as this bond is held or insured by the United States of America a the principal installments hereof may be prepaid in whole or in part at any time in inverse order of maturity and b this bond will not be defeased without the written consent of the United States of America When not so held or insured , a if this bond matures prior to June 1 , 2016 , it is not subject to redemption at the option of the District , and b if this bond matures on or after June 1 , 2016 , it is subject to redemption at the option of the District , at any time on or after June 1 , 2015 , at the principal amount hereof to be redeemed , together with interest accrued hereon to the date fixed for redemption , but without any premium It is hereby certified and recited that all such conditions , acts and things required by the Constitution or statutes of the State of North Carolina to exist , be performed or happen precedent to or in the issuance of this bond , exist , have been performed and have happened , and that this bond is within every limitation prescribed by said Constitution or statutes The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms This bond shall be governed by and construed in accordance with the laws of the State of North Carolina IN WITNESS WHEREOF , the District has caused this bond to be signed by the Chairman and Clerk to the Board of the District and sealed with the corporate seal of the District and this bond to be dated February 7 , 2005 MEADOW WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA By ______________________________________Page031 January 10 , 2005 Continued Chairman SEAL ATTEST ________________________________ Clerk to the Board of Commissioners Date Authenticated ASSIGNMENT FOR VALUE RECEIVED the Payee named in the within bond hereby sell s , assign s and transfer s said bond unto Please print or type name and address , including postal zip code , of Transferee PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE Date The issue hereof has been approved under the provisions of The Local Government Bond Act of North Carolina By Janice T Burke , Secretary Local Government Commission 6 The full faith and credit and taxing power of the District are hereby irrevocably pledged for the payment of principal of and interest on the Bonds Unless other funds are lawfully available and appropriated for timely payment of the Bonds , the Board shall levy and collect taxes and raise other revenues for payment of the principal of and interest on the Bonds , as the same become due and payable 7 The District shall maintain registration books for the registration of the Bonds If no qualified securities depository is the registered owner of the Bonds , upon surrender of any bonds at the office of the District , together with an assignment fully executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the District , the District shall execute and shall authenticate and deliver in exchange , a new bond or bonds having an equal aggregate principal amount , in authorized denominations , of the same form and maturity , bearing interest at the same rate , and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative Any such exchange shall be at the expense of the District , except that the District may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto The District shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner , except that interest payments shall be made to the person shown as owner on the registration books on the fifteenth day of the month preceding each interest payment date 8 The LGC is hereby requested to sell such Water Bonds to the United States of America by private sale on February 7 , 2005 9 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Bonds are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the Bonds to be “ arbitrage bonds ” within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended the “ Code ” , or otherwise cause interest on the Bonds to be includable in the gross income of the holders thereof 10 The Board hereby covenants that it will not permit the gross proceeds of the Bonds to be used in any manner that would result in either a 5 or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a governmental unit as provided in Section 141 b of the Code , b 5 of such proceeds being used with respect to any “ output facility ” other than a facility for the furnishing of water systems , within the meaning of Section 141 b 4 of the Code , or c 5 or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141 c of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Bonds that any such restriction is not required to prevent the interest on the Bonds from being includable in the gross income of the registered owners thereof under existing statutes , the Board need not comply with such restriction 11 The Bonds are hereby designated as “ qualified tax - exempt obligations ” for purposes of Section 265 b 3 of the Code Page132 January 10 , 2005 Continued a The Board will in no event designate more than 10,000,000 of obligations as qualified tax - exempt obligations in 2005 , including the Bonds , for the purpose of such Section 265 b 3 ; b The District and all its “ subordinate entities ” within the meaning of Section 265 b 3 of the Code have not issued more than 10,000,000 of tax - exempt obligations in 2005 not including “ private activity bonds , ” as defined in Section 141 of the Code , other than “ qualified 501 c 3 bonds , ” as defined in Section 145 of the Code , including the Bonds ; c Barring circumstances unforeseen as of the date of delivery of the Bonds , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2005 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 10,000,000 of tax - exempt obligations in 2005 not including private activity bonds other than qualified 501 c 3 bonds , including the Bonds ; and d The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2005 in an aggregate amount that will exceed such 10,000,000 limit ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Bonds that compliance with any restriction set forth in b or c above is not required for the Bonds to be qualified tax - exempt obligations , the Board need not comply with such restriction 12 The Board hereby represents and covenants as follows a The District and all its “ subordinate entities ” within the meaning of Section 148 f 4 iii of the Code have not issued more than 5,000,000 of tax - exempt obligations in 2001 not including private activity bonds , including the Bonds ; b Barring circumstances unforeseen as of the date of delivery of the Bonds , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2005 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 5,000,000 of tax - exempt obligations in 2005 not including private activity bonds , including the Bonds ; c The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2005 in an aggregate amount that will exceed such 5,000,000 limit ; d At least 95 of the proceeds of the Bonds shall be used for “ local government activities ” of the District within the meaning of Section 148 f 4 iii of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Bonds that failure to comply with any restriction set forth in b or d above will not cause the District to be required to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds , the Board need not comply with such restriction 13 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Bonds prepared and , when they shall have been duly renewed by the LGC , to execute the Bonds and to deliver the Bonds to the State Treasurer of North Carolina for delivery to the United States of America 14 All other actions of officers of the District in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and confirmed 15 Such officers of the District as may be requested are hereby authorized and directed to execute appropriate closing papers including a certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto , applicable to “ arbitrage bonds ” Such papers and certificates shall be in such form as may be requested by bond counsel for the District 16 This resolution , in particular Sections 5 and 7 hereof , constitutes a system of registration for the Bonds pursuant to NCGS § 159E - 4 17 All resolutions or parts of resolutions in conflict herewith are hereby repealed 18 This resolution shall take effect immediately Commissioner Wade M Stewart moved the passage of the foregoing resolution and Commissioner W Ray Woodall seconded the motion , and the resolution was passed by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , W Ray Woodall , Allen L Mims , Jr , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not voting None Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Meadow Water District Board adjourned and regular session was resumed Page233 January 10 , 2005 Continued 4 Department of Social Services - Request for Reclassification of Positions Commissioner Wade M Stewart stated that at the present time DSS operates with a large number of full - time temporary employees As a member of the Social Services Board , he has discussed this with both Earl Marett , DSS Director , and other DSS Board members Mr Stewart invited Mr Marett to update the Board on how the temporary positions affect his operation Mr Marett explained the work of an income maintenance caseworker is very technical in nature , and it takes about two years to fully train an employee Johnston County is investing the time and money to train temporaries in these positions , and then they are leaving for permanent positions in other counties Mr Marett further noted that paying for temporary positions , considering the associated cost to the temporary agency , is actually more expensive than if the positions were made permanent He requested the Board reclassify seven income maintenance caseworker positions and one social worker position from temporary to permanent He added the caseworkers , who are partially paid with State and Federal funds , determine eligibility for entitlement programs , which the County is required to administer The County has no choice but to have these positions Applications must be processed in a specific amount of time , or the County will suffer fines At the request of Commissioner Wade M Stewart , Mr Marett gave a brief outline of the services provided by DSS , and noted that they serve approximately 20 of the County’s population Commissioner Jeffrey P Carver stated he would like to see how similar - size counties administer entitlement programs , and their ratios of temporary positions to permanent positions He requested Mr Marett’s office provide this information to the Board Other Board members agreed , and postponed a decision on Mr Marett’s request until the February Board meeting 5 Board Reports and Comments A Legislative Committee - Items to Address The Board agreed that the Legislative Committee , composed of Commissioners Pope , Stewart , and Barbour , should address with the legislature the current funding methods of the required Medicaid match , and local funding of exceptional children teachers B Recent Editorial in Local Paper Commissioner Wade M Stewart pointed out a recent editorial in a local newspaper concerning the county’s increase in tax revenue did not take into consideration normal growth , which is approximately 34 to 4 million each year C School Buses The Commissioners discussed the status of school buses that were borrowed in 2004 instead of purchased , and whether the schools will be adding additional buses this year There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote ___________________________________ Cookie Pope , Chairman ____________________________ Joyce H Ennis , Clerk to the Board ______________________________ April N Byrd , Assistant to the ClerkPage