August 2, 2004 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 738 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS August 2 , 2004 The Johnston County Board of Commissioners met in regular session Monday , August 2 , 2004 , at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver , and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , John R Massey , Finance Officer and Della H Knight , Deputy Clerk The Chairman called the meeting to order and the following business was transacted 1 Minutes Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the minutes of the July 6 , 12 , 2004 board meetings as presented 2 Proclamation - Employee Appreciation Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board adopted the following proclamation in appreciation of county employees JOHNSTON COUNTY EMPLOYEE APPRECIATION WEEK August 2 - August 6 2004 WHEREAS Johnston County Employees represent approximately 950 men and women , working in 31 different service departments and agencies , devoted to making Johnston County a better place to work and live ; and WHEREAS Johnston County employees provide a multitude of services for ALL the citizens of the County - the farmer , the retailer , the industrial businessman , the homeless , the jobless , the homeowner , the veteran , the disaster victim , the victim of violence , the sick , the poor , the educated , the uneducated , the youth , the elderly , the newcomer , and the old - timer ; and WHEREAS Johnston County employees are both skilled and efficient in their jobs , making every effort to expend county tax dollars in the most effective way for the betterment of the County and its citizens ; and WHEREAS Johnston County Government runs smoothly on a day to day basis primarily because of the dedicated employees in each of its departments and agencies NOW , THEREFORE , in appreciation for their dedication to the welfare of the citizens of our County , THE JOHNSTON COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM the week of August 2 - 6 , 2004 as COUNTY EMPLOYEE APPRECIATION WEEK Adopted this the 2nd day of August , 2004 3 Presentation of Service Pins The Board presented years of service pins to those employees who have worked for Johnston County for 5 , 10 , 15 , 20 , 25 and 30 years The Chairman asked for a moment of silence in memory of Jamie Hayes , an employee of the Technology Services Department , who passed away recently Page739 August 2 , 2004 Continued 4 Public Comments - No one spoke at this time 5 Department of Transportation - Additions to System The Board reviewed a petition from the NC Department of Transportation to add the following roads to the State Secondary Road System for maintenance Galaxy Drive and Sparkle Lane , Jordan Ridge Subdivision , Phase 1 , Cleveland Township Tomahawk Drive , Spearhead Place , Matthews Road , Pepperstone Court , Cranberry Court and Applecross Drive , Matthews Farm Subdivision , 1 & 2 , Cleveland Township Webfoot Drive and Ringneck Place , Mallard Ridge Subdivision , Cleveland Township Weatherspoon Lane and Waber Court , Lee Farms Subdivision , Section 1 , Smithfield Township Commissioner Cookie Pope moved the Board concur with NC Department of Transportation’s request to add the above listed roads to the State Maintenance System Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote Commissioner Pope commended Planning Director Steven Finn for his assistance in working with NC DOT in an effort to have existing subdivision roads added to the State maintained system 6 Request for Tax Exempt Loan Status - Elevation Fire Department Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote the Board adopted the following resolution approving tax exempt loan status for Elevation Fire Department NOW , THEREFORE , BE IT HEREBY RESOLVED that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax exempt loan to the Elevation Volunteer Fire Department , Inc the “ VFD ” , from United Financial of NC , Inc in the principal amount of 1,025,48639 , which is loaned for the following purpose Finance construction of a new fire station 700,00000 and refinance of existing debt on an E - One Fire Apparatus mounted on a 2000 Freightliner chassis and a 2002 EVI Rescue Unit mounted on a 2001 Ford Chassis for a lower interest rate , all will be owned and operated by Elevation Fire Department , Inc , and will be maintained located at the following address Federal Road , Benson , North Carolina 27504 7 Surplus Property - Emergency Services - Wrecked QRV Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board declared the following wrecked QRV as surplus and authorized the title be turned over to the insurance company to settle the claim 1999 Chevrolet Blazer VIN # 1GNDT13WOXK122233 8 Board of Education - Offer of Surplus Property - Old Benson Middle School Chairman Langdon explained that in accordance with NCGS § 115C - 518 , Section A , the School Board has declared the old Benson Middle School property surplus and is offering the property to the County Commissioner Thomas M Moore moved the Board accept the Old Benson Middle School site from the School Board Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Chairman James H Langdon , Jr , stated the County has received a request from the Town of Benson for the property Don H Johnson , Mayor of Benson , referenced a letter from Benson requesting that if the County accepted the property from the School Board , it be deeded to the Town of Benson to be used for recreational and facility needs A majority of recreational program participants 65 are from outside of Benson town limits , and this property should help meet the recreational needs of the Town for the next 20 to 25 years Page740 August 2 , 2004 Continued Mayor Johnson also noted that Benson plans to use some of the structures on the property to house their utilities departments , and possibly provide some space for Johnston Community College for instructional purposes Mayor Johnson noted in the past , Benson purchased the old high school building and Hillside school and renovated them for town offices , a civic center and a medical center The medical center has since moved to another location , and now Council on Aging will be utilizing that space He requested the Board donate this property to the Town of Benson In response to a question from Commissioner Jeffrey P Carver , Mayor Johnson clarified that the property is a total of approximately 20 acres with 14 of those being recreational fields Board members commended Mayor Johnson and the Town of Benson on the great job they have done in renovating and utilizing these older facilities Following discussion , Commissioner Allen L Mims , Jr , moved the County donate the Old Benson Middle School property to the Town of Benson with the understanding that if they ever wish to dispose of the property , ownership be reverted back to the County Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 9 Public Hearing - 10 30 am - Little River Water District Bond Order Advertised in The Smithfield Herald Friday , July 9 , 2004 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore , the Board recessed regular session to sit as the Little River Water District Board The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed issuance of general obligation bonds in the amount of 9,995,000 for the Little River Water District Commissioner Wade M Stewart questioned why the cost of this water district appeared to be higher than previous water districts County Engineer Tim Broome responded that Little River is one of the larger districts , and the cost of materials has increased significantly County Manager Rick Hester noted that a contingency amount is included in the bond amount In response to a question from Commissioner Allen L Mims , Jr on the effect the increase would have on the Districts ’ uniform base water rate , Mr Broome stated that growth in the number of County water customers should offset the increase Any rate increase at this time would be minimal , however , he stressed that eventually the rate will have to go up some Commissioner Cookie Pope asked how many residents in the district are participating Mr Broome explained that approximately 80 of the district has signed up for taps Manager Rick Hester noted that usually additional residents tap on during the construction phase of the project while the cost of a tap is 600 The Chairman closed the public hearing 10 Resolutions Adopting Little River Bond Order and Calling for Referendum After consideration of the public hearing held pursuant to NC General Statutes § 159 - 57 on August 2 , 2004 , and comments and suggestions from members of the public , Commissioner Cookie Pope moved the passage of the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE LITTLE RIVER WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 9,995,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION , AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT in the form introduced on July 6 , 2004 , and Commissioner Jeffrey P Carver seconded the motion and the Bond Order was passed and adopted by the following vote Page741 August 2 , 2004 Continued Ayes Commissioners James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Nays None Not Voting None Commissioner Pope then introduced a resolution , the title of which is as follows and was read RESOLUTION CALLING FOR REFERENDUM ON 9,995,000 GENERAL OBLIGATION BONDS , PROVIDING FOR NOTICE OF SUCH REFERENDUM , FORM OF BALLOT AND PUBLICATION OF BOND ORDER AS ADOPTED WHEREAS , the Board of Commissioners of Johnston County , acting as the governing body of the Little River Water District , has adopted a Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE LITTLE RIVER WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 9,995,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION , AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT ; ” and WHEREAS , GS § 159 - 58 provides for publication of the Bond Order as adopted and GS § 159 - 61 requires this Board to fix the date of the referendum on the Bond Order , notify the Board of Elections thereof and provide for notice of the referendum to be published ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Little River Water District , meeting in regular session on August 2 , 2004 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE LITTLE RIVER WATER DISTRICT 1 The Clerk to the Board shall cause the Bond Order , with a statement appended in the form described by GS § 159 - 58 , to be published in The Smithfield Herald 2 This Board hereby calls for a referendum with respect to the Bond Order and fixes the date thereof as November 2 , 2004 3 The form of the question on the ballots shall be as follows Shall the order authorizing 9,995,000 in maximum aggregate principal amount of general obligation bonds of the Little River Water District for financing , in part , the acquisition , construction and equipping of a water system in the District be approved [ ] YES [ ] NO 4 The Clerk to the Board shall mail or deliver a copy of this resolution to the Johnston County Board of Elections on or prior to August 5 , 2004 5 The Clerk to the Board shall provide for publication of notice of the referendum as required by GS § 159 - 61 c in The Smithfield Herald 6 The Board hereby declares that regular meetings of the Board of Commissioners of the District shall take place at the same time and on the same dates as the regularly scheduled meetings of the Board of Commissioners of Johnston County 7 This resolution shall take effect immediately Commissioner Cookie Pope moved the passage of such resolution and Commissioner Jeffrey P Carver seconded the motion , and the resolution was passed by the following vote Ayes Commissioners James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Nays None Not Voting None Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Little River Water District adjourned , and regular session resumed 11 Resolution Authorizing Sale of Bond Anticipation Notes - Elevation Water District Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board recessed regular session to sit as the Elevation Water District Board The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES OF THE ELEVATION WATER DISTRICT OF JOHNSTONPagePage pageNumber5742 August 2 , 2004 Continued COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT OF 4,175,000 WHEREAS , the Bond Order hereinafter described was adopted by the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Elevation 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 4,175,000 in water bond anticipation notes pursuant to the Bond Order in order to finance certain costs of a water system for the District the “ Project ” ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Elevation Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on August 2 , 2004 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE ELEVATION WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA 1 The District shall issue its general obligation water bond anticipation notes in an aggregate principal amount of 4,175,000 the “ Notes ” pursuant to and in accordance with the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE ELEVATION 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 Notes shall be dated August 31 , 2004 or another date agreed to by the Chairman , shall be numbered appropriately and shall be substantially in the form of note attached hereto as Exhibit A The Notes shall mature and bear interest payable on April 13 , 2005 or another date agreed to by the Chairman The Notes shall bear interest at such rate as shall be determined by the Chairman and the North Carolina Local Government Commission the LGC , as hereinafter defined , at the time of sale , provided such interest rate does not exceed five percent 50 Principal and interest shall be payable in lawful money of the United States of America Initially , one certificate for the Notes will be issued to The Depository Trust Company , New York , New York “ DTC ” , and immobilized in its custody So long as DTC is securities depository for the Notes , a book - entry system will be employed , evidencing ownership of the Notes in principal amounts of 100,000 and integral multiples of 1,000 in excess of 100,000 , with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants Interest on the Notes will be payable to DTC or its nominee as registered owner of the Notes Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC ; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners The District will not be responsible or liable for maintaining , supervising or reviewing the records maintained by DTC , its participants or persons acting through such participants In the event that a DTC determines not to continue to act as securities depository for the Notes or b the Chairman determines that continuation of the book - entry system of evidence and transfer of ownership of the Notes would adversely affect the interest of the beneficial owners of the Notes , the District will discontinue the book - entry system with DTC If the District fails to identify another qualified securities depository to replace DTC , the District will authenticate and deliver replacement Notes in the form of fully registered certificates , and registration of transfer of the Notes will be provided for 3 The Notes will not be subject to redemption prior to maturity 4 The Notes shall be signed by the manual signature of the Chairman , shall be countersigned by the manual signature of the Clerk and the District own seal shall be affixed thereon The Notes shall not be valid until they have been endorsed by the signature of the authorized representative of the LGC 5 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 Notes Unless other funds are lawfully available and appropriated for timely payment of the Notes , the Board shall levy and collect taxes and raise other revenues for payment of the principal of and interest on the Notes , as the same become due and payable 6 The LGC is hereby requested to sell the Notes in the aggregate principal amount of 4,175,000 7 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Notes are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the notes 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 Notes to be includable in the gross income of the holders thereof PagePage pageNumber6743 August 2 , 2004 Continued 8 The Board hereby covenants that it will not permit the gross proceeds of the Notes 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 , 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 Notes and that any such restriction is not required to prevent the interest on the Notes from being includable in the gross income of the registered owners thereof under existing statutes , the Board need not comply with such restriction 9 The Notes are hereby designated as “ qualified tax - exempt obligations ” for purposes of Section 265 b 3 of the Code a The Board will in no event designate more than 10,000,000 of obligations as qualified tax - exempt obligations in 2004 , including the Notes , 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 2004 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 Notes ; c Barring circumstances unforeseen as of the date of delivery of the Notes , 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 2004 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 2004 not including private activity bonds other than qualified 501 c 3 bonds , including the Notes ; and d The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2004 in an aggregate amount that will exceed such 10,000,000 limit ; provided , however , that if the Board receives an opinion of Hunton & Williams LLP , Raleigh , North Carolina , or other bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or c above is not required for the Notes to be qualified tax - exempt obligations , the Board need not comply with such restriction 10 The Board hereby represents and covenants as follows a The District and all its “ subordinate entities ” within the meaning of Section 148 f 4 D ii of the Code have not issued more than 5,000,000 of tax - exempt obligations in 2004 not including private activity bonds , including the Notes ; b Barring circumstances unforeseen as of the date of delivery of the Notes , 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 2004 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 2004 not including private activity bonds , including the Notes ; c The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2004 in an aggregate amount that will exceed such 5,000,000 limit ; d At least 95 of the proceeds of the Notes 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 Hunton & Williams LLP , Raleigh , North Carolina , or other bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b above will not cause the District to have to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Notes , the Board need not comply with such restriction 11 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Notes prepared and to execute the Notes and to deliver the Notes to the State Treasurer of North Carolina for delivery to the purchaser or purchasers to whom they may be sold by the LGC 12 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 Notes are hereby approved and confirmed 13 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 Notes 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 14 This resolution , in particular Section 2 hereof , constitutes a system of registration for the NotesPagePage pageNumber7744 August 2 , 2004 Continued pursuant to NCGS § 159E - 4 The District agrees to make appropriate event disclosure if required by SEC Rule 15c2 - 12 15 All resolutions or parts of resolutions in conflict herewith are hereby repealed 16 This resolution shall take effect immediately Exhibit A UNITED STATES OF AMERICA STATE OF NORTH CAROLINA ELEVATION WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA No R - 1 4,175,000 Water Bond Anticipation Note The Elevation W ater District of Johnston County , North Carolina the District , for value received , hereby acknowledges itself indebted and promises to pay to Cede & Co , as registered owner , the principal sum of FOUR MILLION ONE HUNDRED SEVENTY - FIVE THOUSAND and no 100 DOLLARS on ______ __ , _____ , and to pay interest hereon from the date hereof on the basis of a 360 - day year , consisting of twelve 30 - day months , at the rate of __________ percent _______ per year payable at maturity ; provided , however , that for so long as the Notes hereinafter defined are deposited with The Depository Trust Company , New York , New York DTC , the payment of the principal of and interest on the Notes shall be made to DTC in same day funds by 2 30 pm or otherwise as determined by the rules and procedures established by DTC Both the principal of and the interest on this note shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof For the prompt payment hereof , both principal and interest as the same shall become due , the faith and credit of the District are hereby irrevocably pledged The proceeds of the Bonds hereinafter defined are also hereby pledged for the payment of this Note and this Note shall be retired from the proceeds of the Bonds as the first priority This Note shall be governed by North Carolina law This Note is one of 4,175,000 in aggregate principal amount the “ Notes ” that have been authorized by a resolution adopted by the District on August 2 , 2004 the Resolution , and are issued pursuant to The North Carolina Local Government Bond Act in anticipation of the issuance and sale of up to 7,000,000 water bonds the “ Bonds ” under a bond order approved by a majority of the qualified voters of the District voting thereon on January 21 , 2003 The District has designated this Note 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 The Notes shall be issued by means of a book - entry system with no physical distribution of note certificates to be made except as provided in the Resolution One note certificate in the aggregate principal amount of the Notes stated to mature on such date and registered in the name of Cede & Co , as nominee of DTC , is being issued and deposited with DTC and immobilized in its custody The book - entry system will evidence ownership of the Notes in the principal amount of 100,000 and integral multiples of 1,000 in excess of 100,000 , with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC , and transfer of principal and interest payments to beneficial owners of the Notes by participants of DTC shall be the responsibility of such participants and other nominees of such beneficial owners The District shall not be responsible or liable for such transfers of payments or for maintaining , supervising or reviewing the records maintained by DTC , its participants or persons acting through such participants In certain events , the District will be authorized to deliver replacement Notes in the form of fully - registered certificates in the denomination of 100,000 and integral multiples of 1,000 in excess of 100,000 in exchange for the outstanding Notes as provided in the Resolution It is hereby certified and recited that all acts , conditions and things required by the Constitution and laws of North Carolina to happen , exist and be performed precedent to and in the issuance of this Note have happened , exist and have been performed in regular and due form and time as so required , and that the total indebtedness of said District , including this Note , does not exceed any constitutional or statutory limitation thereon IN WITNESS W HEREOF , the Board of Commissioners of Johnston County , North Carolina , acting as the governing body of the Elevation Water District of Johnston County , North Carolina , has caused this note to be signed by its Chairman and its Clerk and its corporate seal to be impressed hereon , all as of the ____ day of August , 2004 BOARD OF COMMISSIONERS OF JOHNSTON COUNTY , NORTH CAROLINA , ACTING AS THE GOVERNING BODY OF THE ELEVATION WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA By ______________________________________ Chairman SEAL ATTEST By ______________________________________PagePage pageNumber8745 August 2 , 2004 Continued Clerk to the Board of Commissioners CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of this Note has been approved under the provisions of The Local Government Bond Act JANICE T BURKE Secretary , Local Government Commission LGC No _______________ ASSIGNMENT FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells , assigns and transfers unto the within Note and all rights thereunder and hereby irrevocably constitutes and appoints attorney to register the transfer of said Note on the books kept for registration thereof , with full power of substitution in the premises Dated _________________________ In the presence of _____________________________________ ______________________________________ NOTICE The signature must be guaranteed The signature to this assignment must correspond by an institution which is a participant in the with the name as it appears on the face of the within Securities Transfer Agent Medallion Program Note in every particular , without alteration of STAMP or similar program enlargement or any change whatever Commissioner Cookie Pope moved the passage of the foregoing resolution , and Commissioner Thomas M Moore seconded the motion , and the resolution was passed by the following vote Ayes Commissioners James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Nays None Not Voting None Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Elevation Water District Board adjourned , and regular session resumed 12 Public Utilities - Discussion on Residential Wastewater Capacity County Engineer Tim Broome voiced his concerns over the limited wastewater capacity the County may face in the near future He stated that since January 2004 , preliminary subdivision plats have been approved for seven residential developments , with an estimated 1800 units , which would qualify for residential sewer service He added that based on a 5 year projection , the County will have a wastewater capacity of 670,000 gpd for residential use Using current flow rates , these approved subdivisions would use 620,000 gpd , only leaving a capacity of 50,000 gpd Mr Broome added that the following concerns merit some thought and discussion 1 At what point in the process does a developer have vested rights to the residential sewer allocation ; 2 Whether the County should continue to accept plats for residential sewer services ; 3 Should the County require developers to acknowledge that capacity is not guaranteed until it is paid for ; and 4 Should the County begin the permitting process for another expansion to the wastewater facility County Manager , Rick Hester noted that wastewater capacity for industrial and commercial uses is reserved separately In response to a question from Commissioner W Ray Woodall , Mr Broome clarified that the current wastewater expansion project is included in the projections The permitting process he referenced above would be for the next and final phase of expansion at this site Planning Director Steven Finn stated that in his opinion , from a development perspective , a developer would not become vested until an application for a building permit had been made He added that there has been a lot of subdivision planning recently and currently 95 of the County is zoned agricultural - residential AR , which allows subdivisions as a permitted use County Attorney Mark Payne discussed vested rights from a legal perspective and how this might differ from people’s expectations He stated that , legally , vested rights assures the developer that any permitPagePage pageNumber9746 August 2 , 2004 Continued or approval the County grants can’t be taken away According to the County’s current policy , sewer capacity is not granted until payment is received , therefore , there would be no vested right to residential sewer service until it is secured by payment The County needs to make sure that developers are aware of this limitation He also suggested the County may want to discuss the possibility of an adequate facilities ordinance which would require a developer to address schools , traffic and other major impacts on a community before they could get approval to develop a property Commissioner Allen L Mims , Jr noted the Planning Board has received many complaints concerning subdivision growth in the County He added that it places alot of pressure on the Planning Board because of their obligation to approve subdivisions by right of an agricultural - residential zoning designation Jim Jenkins , Chairman of the Johnston County Planning Board , agreed that the needs that come with growth need to be addressed Following further discussion , the Board agreed to hold a workshop session in the near future to further discuss this issue 13 Amendments to Utilities Capital Project Budgets and Associated Budget Amendments The Chairman stated that Public Utilities is requesting approval of several budget amendments that would close out some projects and make necessary adjustments to move remaining funds to the appropriate reserve accounts so the money can be used for other ongoing projects Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following budget amendments for various public utilities projects Reclaimed Effluent Land Application System FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85861800 Construction of Project 300,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 858638925 Transfer from other funds 300,00000 Smithfield K - 5 School Sewer Facilities FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 84350406 Technical services 15,96697 20 84351800 Construction of project 2,09635 20 84355500 Easements 2,50000 20 84357406 Construction contingency 26,51500 20 84359023 Transfer to other funds 42895 TOTAL NET EXPENDITURES 46,64937 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 843537924 Revenue from Johnston County Schools 46,64937 TOTAL NET REVENUE 46,64937 Central Johnston County Wastewater Facilities Improvements and Selma Equalization and Pumping Station 2001 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85950400 Legal & professional fees 4,51007 20 85950406 Technical services 3,67338 20 85951800 Construction of project 1,047,38416 20 85951811 Planning 294,80000 20 85951813 Loan Closing 1,21600 20 85956100 Administrative Cost 6,60500 20 85957406 Construction contingency 33,70800 20 85959023 Transfer to other funds 1,423,04985 TOTAL NET EXPENDITURES 38,50000Page0747 August 2 , 2004 Continued FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 859533099 Misc Revenue 42,50000 20 859536181 Capacity fees 4,00000 TOTAL NET REVENUE 38,50000 Little Creek Water District FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 38 86308104 County Capacity Fee 188,38737 38 86305597 Interest on Bonds 160,60081 38 86301800 Construction 27,78656 38 86309023 Transfer to Other Funds 55,92922 TOTAL NET EXPENDITURES 55,92922 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 38 863033099 Miscellaneous Revenue 55,92922 TOTAL NET REVENUE 55,92922 Wilson’s Mills Area Water Main FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 84400406 Technical Services 027 20 84401800 Construction of Project 5,83837 20 84409023 Transfer to Other Funds 5,83810 TOTAL NET EXPENDITURES 000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE TOTAL NET REVENUE 000 Water Treatment Plant Expansion FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85260406 Technical Services 1,54376 20 85261800 Construction Project 8,62820 20 85266100 Administration Cost 4292 20 85267400 Capital Outlay 27,35129 20 85267406 Construction Contingency 56,92700 20 85269023 Transfer to Other Funds 101,40283 TOTAL NET EXPENDITURES 6,90966 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 852633099 Miscellaneous Revenue 6,90966 Water Treatment FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 67 78204500 Contracted Services 101,40283 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 67 782037925 Transfer from Other Funds 101,40283 Water Districts FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 69 69007400 Capital Outlay FY 04 - 05 Small Water Main Extensions 103,86517 TOTAL NET EXPENDITURES 103,86517Page1748 August 2 , 2004 Continued FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 69 690037925 Transfer from Other Funds 42,09785 69 690037925 Transfer from Other Funds 55,92922 69 690037925 Transfer from Other Funds 5,83810 TOTAL NET REVENUE 103,86517 Wastewater Transmission FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 68 79207400 Capital Outlay 691,47880 TOTAL NET EXPENDITURES 691,47880 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 68 792037920 Transfer from other funds 42895 68 792037920 Transfer from other funds 691,04985 TOTAL NET REVENUE 691,47880 2003 Wastewater Treatment Plant Expansion FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 000 TOTAL NET EXPENDITURES FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 841537925 Transfer from other funds 432,00000 20 841534167 State Revolving Fund loan 432,00000 TOTAL NET REVENUE 000 Looping Lines and Small Extensions FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85670400 Legal & Professional 13500 20 85670406 Technical Services 4,49643 20 85671800 Construction 15,88742 20 85677406 Contingency 21,84900 20 85679023 Transfer to other funds 42,09785 TOTAL NET EXPENDITURES 000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 000 TOTAL NET REVENUE 000 14 Budget Amendments Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following budget amendments Social Services - Decrease in Federal Funding FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101909 Crisis Intervention 74,61900 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 74,61900 Page2749 August 2 , 2004 Continued Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59454501 Maintenance Contracts 2,50000 10 59453310 Lab Supplies 1,00000 10 59453300 Department Supplies 2,00000 10 59454600 Medical Supplies 4,00000 10 59457050 Non Major Capital Assets 11,63686 10 59455400 Insurance 2,00000 10 59451410 Employee Training 1,00000 10 59451400 Travel 1,00000 TOTAL NET EXPENDITURES 25,13686 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 594534155 Health & Human Services - Immunization Branch 25,13686 TOTAL NET REVENUE 25,13686 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59151410 Employee Training 35000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 591534153 American Lung Association 35000 Public Utilities FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85991800 Construction of Project 100,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 859937925 Transfer from Other Funds 100,00000 Emergency Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53251422 Regional Exercise Grant 50,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 532534144 Emergency Management 50,00000 15 Appointments Johnston County Planning Board - 1 position to fill unexpired term Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board appointed Tommy L Johnson to fill an unexpired term to expire January 2005 Johnston County Board of Health - 2 positions , one optometrist 3 year term and one general public unexpired term Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board appointed Richard Langellotti , OD for a three year term to expire July 2007 representing an optometrist and appointed Faye B Roberts to fill an unexpired term to expire January 2005 16 Call for Public Hearing - Amendments to Animal Control Ordinance Commissioner Allen L Mims , Jr moved the Board schedule a public hearing for September 13 , 2004 at 6 30 pm , prior to the regular scheduled meeting , to discuss proposed amendments to the Animal Control Ordinance Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote Page3750 August 2 , 2004 Continued 17 Tax Releases and Refunds Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following tax releases and refunds from 06 16 2004 to 07 15 2004 Release Refund Report for Period 6 16 2004 thru 7 15 2004 Year Bill # Acct # Name Tran Type Paid 2003 0402 - 161889 0311 - 167049 Hodges , Frank Anthony Release 19643 2003 0404 - 181005 0401 - 190268 Lyons , Jodell Lavern Release 38475 2003 0403 - 167970 0312 - 175879 Braxton , Jr , Henry Milton Tag Surrender 11212 2003 0401 - 149352 0310 - 157181 Wright , Gregory Hill Release 16451 2003 0405 - 198359 0402 - 222451 Ruan Leasing Company Overpayment 10212 2003 0401 - 145778 0310 - 160499 Heath , Dusty Eugene Overpayment 13500 2003 0404 - 177333 0401 - 187041 Mclean , John Lee Release 10494 2003 0405 - 198063 0402 - 223492 Martin , Jr , Russell Ford Tag Surrender 10218 2003 0402 - 161941 0305 - 171067 Byrd , Angela Michelle Overpayment 25653 2001 0204 - 927549 0201 - 166039 Pippin Motors Inc Release 12760 2003 0312 - 134543 0309 - 144931 Peele , Edmund Todd Overpayment 11868 2003 0403 - 166242 0312 - 181238 Wilson , James Christopher Overpayment 23230 2003 0404 - 186973 0401 - 185574 Industrial Truck Sales Overpayment 24146 2003 0406 - 201465 0403 - 237285 Jenkins , Ii , Leonard Keith Release 19626 2003 0404 - 182250 0401 - 196969 Peacock , Gale Seymour Release 11454 2003 0404 - 173526 0401 - 191659 Ogilvie , Richard Daniel Release 19899 2003 0406 - 199121 0403 - 236293 Denning , Charles E Release 15439 2003 0406 - 207759 0403 - 233503 Floors , Katharine Flach Release 33723 2003 0405 - 195393 0402 - 223522 Smith , Gregory Daniel Overpayment 10158 2003 0406 - 209951 0403 - 238096 J Arthur Dail Inc Release 74453 2003 0405 - 188293 0402 - 216906 Hudson , Anita Adams Overpayment 10559 2003 0402 - 154927 0311 - 166172 Dougal , Lisa Radune Overpayment 10734 2003 0405 - 194278 0402 - 219933 Mayo , Sean Christopher Release 23699 2003 0403 - 163329 0312 - 176091 Skinner , Candace M Release 30862 2003 0405 - 191474 0402 - 223782 Vickers , Michael Charles Release 30739 2003 0406 - 208076 0403 - 228170 Larry M Barbour Trucking Release 14003 2003 0401 - 150207 0310 - 160874 Holder , James Thomas Overpayment 12941 2003 0403 - 165836 0312 - 176302 Smith , Victoria Mclean Overpayment 10078 2003 0406 - 205780 0403 - 231049 Bizzell , Janice Morgan Release 26045 2003 0406 - 199771 0403 - 233660 Roberts , Darren Randall Release 18614 2003 0308 - 090542 0305 - 091866 Young , Danny William Overpayment 12500 2003 0405 - 196906 0402 - 220134 Sts Release 35195 2003 0406 - 205644 0403 - 238582 Clayton , Clinton Eugene Release 22875 2003 0308 - 090542 0305 - 091866 Young , Danny William Void Refund 12500 2003 0406 - 208075 0403 - 226131 Larry M Barbour Trucking Release 12717 2003 0406 - 210182 0403 - 232648 Eller , Michael Ray Release 23963 2003 0406 - 200162 0403 - 236992 Bagley , Jr , Calvin Bain Release 15156 2003 0406 - 202917 0403 - 231211 Vrabel , Michael Scott Release 20715 2003 0406 - 199362 0403 - 237492 Johnson , Doris Ingram Release 13027 2003 0406 - 200329 0403 - 235483 Black , Jr , Francis M erle Release 21671 2003 0406 - 204344 0403 - 234247 Grant , Charles Walton Tag Surrender 10034 2003 0401 - 145922 0310 - 158240 Johns , Nichola Devon Overpayment 11822 2003 0403 - 165152 0312 - 180559 Martin , Lamiek Elson Overpayment 12146 2003 0404 - 182409 0401 - 196721 Worley , Jason Neil Overpayment 22325 2003 0405 - 191165 0402 - 222739 Scott , Alphonzo Overpayment 20091 2003 0405 - 190430 0402 - 221507 Lee , Deborah Bunn Overpayment 19376 2003 0403 - 169514 0312 - 179034 Galindo , Bernardo Carrillo Overpayment 11614 2003 0403 - 169514 0312 - 179034 Galindo , Bernardo Carrillo Void Refund 11614 2003 0403 - 163764 0312 - 178029 Beasley , James Addison Overpayment 15190 2003 0406 - 207827 0403 - 230992 Green , Anna Nall Release 22073 2003 0406 - 207910 0403 - 234046 Holder , Sherlock Overpayment 10000 2003 0406 - 205630 0403 - 233881 John H Frischkorn Jr Inc Release 11523 Real Personal Property Releases 6 17 2004 12 36 20 121 Cathy 2003 - 062779 2000059264 Rhue , Janice Stancil Lf Es 70038 6 17 2004 12 44 47 121 Cathy 2003 - 037507 44753380 Johnson , Duffie Jr 37915Page4751 August 2 , 2004 Continued 6 17 2004 15 10 44 121 Cathy 2001 - 069694 2000030897 Thompson , Jean Oneal 24998 6 17 2004 15 11 44 121 Cathy 2002 - 070716 2000030897 Thompson , Jean Oneal 27742 6 17 2004 15 12 28 121 Cathy 2003 - 073779 2000030897 Thompson , Jean Oneal 64920 6 17 2004 15 26 14 121 Cathy 2003 - 028468 2000032135 Grady , Fred Moomau 33670 6 17 2004 15 33 04 121 Cathy 2003 - 019764 23785520 Daughtry , Sadie 10873 6 17 2004 15 34 12 121 Cathy 2003 - 019763 23785520 Daughtry , Sadie 13583 6 17 2004 16 24 09 121 Cathy 2003 - 066109 2000011449 Shackelford Paving Co Inc 26608 6 17 2004 16 43 09 121 Cathy 2003 - 031980 37704701 Hicks , Donald Ray 72136 6 17 2004 16 43 57 121 Cathy 2003 - 031980 37704701 Hicks , Donald Ray 17295 6 18 2004 10 29 09 121 Cathy 2003 - 071266 2000004554 Stowe , Mildred 23793 6 18 2004 10 33 14 121 Cathy 2003 - 071266 2000004554 Stowe , Mildred 15708 6 18 2004 10 54 00 121 Cathy 2003 - 061461 73983961 Rains , Terry Landis 23448 6 18 2004 10 55 26 121 Cathy 2003 - 061461 73983961 Rains , Terry Landis 15246 6 22 2004 10 28 38 124 James 2003 - 202969 2000092369 Moore , Dona Jean Beall 23516 6 23 2004 11 33 45 124 James 2003 - 060220 2000080245 Power of Praise Tabernacle 4,78102 6 23 2004 11 36 59 124 James 2003 - 000172 2000088439 Abundant Blessing Ministri 1,84922 6 23 2004 11 39 16 124 James 2002 - 027186 2000086254 Greater Church of Love 30467 6 23 2004 11 39 52 124 James 2003 - 028653 2000086254 Greater Church of Love 58468 6 23 2004 11 48 30 124 James 2003 - 075547 2000089860 United Christians Baptist 5,42351 6 23 2004 11 59 47 124 James 2003 - 068651 2000071679 Southside Community Church 7,44000 6 23 2004 12 01 09 124 James 2003 - 086670 2000098881 Unknown Owner 56293 6 23 2004 17 14 37 105 Sheila 2003 - 015434 2000019674 Clark , Ricky Stuart 76705 6 25 2004 9 56 06 124 James 2003 - 014920 2000057648 Channel Master Llc 214,40709 6 28 2004 15 20 36 121 Cathy 2003 - 033562 40063320 Holland , Gertrude D L 90270 6 30 2004 9 59 24 124 James 2001 - 047702 2000045290 Migliaccio , Joseph S 17963 7 2 2004 8 49 48 124 James 2003 - 083952 2000066700 Joyner , Scott 33223 7 8 2004 16 52 16 121 Cathy 2003 - 023128 28012010 Edwards , J Phillip 53875 7 9 2004 15 25 08 121 Cathy 2002 - 000760 2000083985 Air - jet Inc 7,32920 7 9 2004 15 28 02 121 Cathy 2002 - 000760 2000083985 Air - jet Inc 42473 7 9 2004 16 20 09 121 Cathy 2003 - 017128 2000086794 Cordelia E Haines Rev Trst 17501 7 14 2004 16 54 53 121 Cathy 2003 - 202738 2000057687 Halo of North Carolina T a 94965 Real Personal Property Refunds 6 16 2004 10 36 08 304 Samantha 2003 - 025249 30447641 Fisher , Kathleen Hooks 12749 6 16 2004 15 11 12 125 Linda 2003 - 059562 2000090326 Pollard , Donald Keith Lf E 69533 6 17 2004 12 38 42 121 Cathy 2003 - 062779 2000059264 Rhue , Janice Stancil Lf Es 73540 6 17 2004 15 13 59 121 Cathy 2004 - 200852 2000030897 Thompson , Jean Oneal 17116 6 17 2004 15 14 41 121 Cathy 2004 - 200853 2000030897 Thompson , Jean Oneal 19027 6 17 2004 15 15 12 121 Cathy 2004 - 200854 2000030897 Thompson , Jean Oneal 56532 6 17 2004 15 28 24 121 Cathy 2004 - 200827 2000032135 Grady , Fred Moomau 21050 6 17 2004 15 35 08 121 Cathy 2004 - 200825 23785520 Daughtry , Sadie 9354 6 17 2004 15 35 44 121 Cathy 2004 - 200826 23785520 Daughtry , Sadie 12346 6 17 2004 16 25 15 121 Cathy 2003 - 066109 2000011449 Shackelford Paving Co Inc 26608 6 23 2004 8 32 04 189 Teri 2003 - 086236 2000097571 Peyton , William Thomas 31716 6 24 2004 10 27 03 189 Teri 2003 - 015643 2000065634 Clifton Overhead Doors 11560 6 28 2004 15 22 32 121 Cathy 2004 - 200892 40063320 Holland , Gertrude D L 59024 7 1 2004 15 53 58 125 Linda 2003 - 033878 2000073618 Holloway , Scarlette M 80669 7 8 2004 16 53 00 121 Cathy 2003 - 023128 28012010 Edwards , J Phillip 53875 7 9 2004 16 21 11 121 Cathy 2003 - 017128 2000086794 Cordelia E Haines Rev Trst 17501 7 14 2004 16 56 30 121 Cathy 2003 - 202738 2000057687 Halo of North Carolina T a 1,00425 18 Tax Collection Report Tax Administrator , Pat Goddard reported on the collection of delinquent taxes by enforced collections and foreclosures for the month of July 2004 She noted that 14 complaints were filed , and 38 demand letters were sent , which allowed the County to collect 32,97251 The foreclosure attorney has made good progress and will soon be filing complaints for the 2003 taxes Through the NC State Income Debt Setoff Program , three accounts were paid for a total of 26290 Ms Goddard noted that on September st 1 , 14 bills from 1993 will be written off in the amount of 90801 She informed the Board that 2004 tax bills will be mailed out on August 12 for single parcel owners and a few days later for multiple parcel owners 19 Closed Session - NCGS § 143 - 13811 4 and 9 Expansion Location of Industry and Public Security Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS § 143 - 138 - 11 4 Expansion Location of Industry and 9 Public Security Page5752 August 2 , 2004 Continued Commissioner Allen L Mims , Jr moved the Board adjourn closed session and resume regular session Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Board Reports and Comments 20 Amendment to the June 14 , 2004 Minutes Commissioner Allen L Mims , Jr stated that when the June 14 , 2004 minutes were approved on July 6 , 2004 , he had not been able to fully review them due to computer problems He requested the Board amend the June 14 , 2004 minutes [ Book 23 , p 696 , item 1 , ¶ 9 ] by adding the following comment at the end of the paragraph “ Mr Mims noted this is a big discrepancy from what the Dixon - Odom Audit states ” Commissioner W Ray Woodall moved the above stated comment be added to the minutes of June 14 , 2004 [ Book 23 , p 696 , item 1 , ¶ 9 ] Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 21 Budget Question - County Authority in Setting School Budget Commissioner Allen L Mims , Jr , requested County Attorney Mark Payne get clarification on NC General Statutes pertaining to the uniform budget format as it relates to the meaning of the term “ purpose , project or function ” 22 Additional Board Comments lt; Commissioner Wade M Stewart requested staff look into what oversight the County has in place to ensure that contractors who do work for the County are paying their subcontractors lt; Commissioner Thomas M Moore thanked members of the Board and staff for all their calls and support throughout his recent illness There being no further business , Commissioner W Ray Woodall move the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote __________________________________________ James H Langdon , Jr , Chairman _________________________________ Della H Knight , Deputy Clerk __________________________________________ Joyce H Ennis , Clerk to the BoardPage