December 3, 2001 - 7:00 pm - County Board of Commissioners Meeting Minutes

10 723 December 3 , 2001 The Johnston County Board of Commissioners met in regular session Monday , December 3 , 2001 , 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 , Fred Smith , and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted Commissioners Thomas M Moore and W Ray Woodall , both of whom were hospitalized recently , thanked the other Board members , staff and citizens for their support , prayers , calls and cards during their respective illness 1 Minutes - November 5 , 12 , 2001 Board Meetings 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 November 5 , 12 , 2001 board meetings as presented 2 Organization of the Board Commissioner Langdon turned the meeting over to Commissioner Cookie Pope for the election of chairman Commissioner Pope called for nominations Commissioner W Ray Woodall nominated James H Langdon , Jr to serve as chairman Commissioner Thomas M Moore seconded the nomination Commissioner Allen L Mims , Jr moved that nominations be closed By acclamation , James H Langdon , Jr was elected Chairman to serve a one year term Chairman Langdon called for nominations for vice chairman of the Board Commissioner Fred Smith nominated Commissioner Cookie Pope to serve as vice chairman Commissioner W Ray Woodall seconded the nomination There being no further nominations , Commissioner Cookie Pope was elected to serve as Vice Chairman of the Board for a one year term Chairman Langdon asked for a motion to appoint the County Attorney Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board appointed J Mark Payne as County Attorney Chairman Langdon stated all Board members will continue to serve on the committees and boards they have served on this past year He named Commissioner W Ray Woodall as chairman of a new committee to study economic development in the County and appointed Commissioner Allen L Mims , Jr and himself as members of this committee Public Comments 3 Request for Easement - Sprint Telephone Company Wayne Hall , representative from Sprint Telephone , requested the Board grant Sprint an easement on the old Burlington property on Hwy 301 South for a switching station Based on the fact that Sprint , at no cost to the County , recently relocated a number of their facilities in order to accommodate Johnston Memorial Hospital’s expansion project , and since the new switching station will be used primarily by the Hospital and other County agencies in the area , Commissioner Fred Smith moved the Board grant the easement to Sprint as requested Commissioner Thomas M Moore seconded the motion Commissioner Allen L Mims , Jr asked Commissioner Smith to amend his motion to charge Sprint 1 per year in order to be consistent with other requests for easements Commissioner Fred Smith notedPage724 this would only create unnecessary paperwork for everyone He stated he would prefer to leave his motion as stated , based on the approximate 48,000 work order that Sprint incurred in moving their facilities for the hospital Following further discussion , the motion carried by unanimous vote 4 Additional Resume Submitted for Industrial Development Commission J D Solomon , chairman of the Industrial Development Commission , submitted an additional resume from H Bradley Carroll for an at - large position on that board He also presented some recommended guidelines for the newly formed Economic Development Study Committee to look at the future direction of economic development in the County 5 Adoption of the Schedule of Regular Board Meetings for 2002 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adopted the following schedule of regular meetings for the year 2002 JOHNSTON COUNTY BOARD OF COMMISSIONERS SCHEDULE OF REGULAR BOARD MEETINGS for 2002 January Monday , January 7 , 2002 - 10 00 am Monday , January 14 , 2002 - 7 00 pm February Monday , February 4 , 2002 - 10 00 am Monday , February 11 , 2002 - 7 00 pm March Monday , March 4 , 2002 - 10 00 am Monday , March 11 , 2002 - 7 00 pm April Monday , April 1 , 2002 - 10 00 am Monday , April 8 , 2002 - 7 00 pm May Monday , May 6 , 2002 - 10 00 am Monday , May 13 , 2002 - 7 00 pm June Monday , June 3 , 2002 - 10 00 am Monday , June 10 , 2002 - 7 00 pm July Monday , July 1 , 2002 - 10 00 am Monday , July 8 , 2002 - 7 00 pm August Monday , August 5 , 2002 - 10 00 am Monday , August 12 , 2002 - 7 00 pm September Tuesday , September 3 , 2002 - 10 00 am Monday , September 9 , 2002 - 7 00 pm October Monday , October 7 , 2002 - 10 00 am Monday , October 14 , 2002 - 7 00 pm November Monday , November 4 , 2002 - 10 00 am Tuesday , November 12 , 2002 - 7 00 pm December Monday , December 2 , 2002 - 10 00 am Monday , December 9 , 2002 - 7 00 pm 6 Public Official Bonds Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following public official bonds Position Official Name Amount of Bond Effective Dates Blanket Bond All Employees 10,000 12 1 98 - 12 1 02 Tax Administrator Pat Goddard 50,000 3 12 01 - 3 12 02 Social Services Director Earl Marett 5,000 8 31 01 - 8 31 02 Sheriff Steve Bizzell 5,000 12 7 99 - 12 7 02 Register of Deeds Cecil Massengill 10,000 12 5 98 - 12 5 02 Coroner Norman Dunn 2,000 12 5 98 - 10 5 02 County Manager Rick J Hester 100,000 12 1 98 - 12 1 02 Clerk to the Board Joyce H Ennis 100,000 12 1 98 - 12 1 02 Finance Officer John R Massey 100,000 12 1 98 - 12 1 02 Accounting Tech III Tyson Radford 100,000 12 1 98 - 12 1 02 Economic Dev Director Michael deSherbinin 100,000 12 1 98 - 12 1 02Page725 7 Resolution Certifying Results of Referendum - 75 Million School Bonds The Johnston County Board of Elections certified to the Board of Commissioners of Johnston County the “ Board ” that the result of the bond referendum held in Johnston County the “ County ” on November 6 , 2001 , with respect to the proposed 75,000,000 General Obligation School Bonds of Johnston County was 7,795 votes “ For ” approval of the Bond Order and 2,297 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board Commissioner Fred Smith then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 2001 REFERENDUM ON JOHNSTON COUNTY GENERAL OBLIGATION SCHOOL BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners of Johnston County desires to certify and declare the results of the referendum held November 6 , 2001 ; NOW , THEREFORE , the Board of Commissioners of Johnston County meeting in regular session at Smithfield , North Carolina , on December 3 , 2001 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY 1 The Board hereby certifies and declares the result of the referendum held on November 6 , 2001 , with respect to the proposed 75,000,000 General Obligation School Bonds of the County , to be 7,795 votes “ For ” approval of the Bond Order and 2,297 votes “ Against ” approval of the Bond Order 2 The affirmative votes of a majority of those voting having been received , the Board hereby certifies and declares that the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS OF JOHNSTON COUNTY IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 75,000,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF SCHOOL FACILITIES ” , is now in effect 3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in the Smithfield Herald and filed in the Clerk’s Office 4 This resolution shall take effect immediately Commissioner Fred Smith moved the passage of the foregoing resolution , Commissioner Cookie Pope seconded the motion and the resolution was passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith , and W Ray Woodall Nays None Not voting None 8 Resolution Certifying Results of Referendum on 2 Million Community College Bonds The Johnston County Board of Elections certified to the Board of Commissioners of Johnston County the “ Board ” that the result of the bond referendum held in Johnston County the “ County ” on November 6 , 2001 , with respect to the proposed 2,000,000 General Obligation Community College Bonds of Johnston County was 7,600 votes “ For ” approval of the Bond Order and 2,448 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board Commissioner Fred Smith then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 2001 REFERENDUM ON JOHNSTON COUNTY GENERAL OBLIGATION COMMUNITY COLLEGE BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners of Johnston County desires to certify and declare the results of the referendum held November 6 , 2001 ; NOW , THEREFORE , the Board of Commissioners of Johnston County meeting in regular session at Smithfield , North Carolina , on December 3 , 2001 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY 1 The Board hereby certifies and declares the result of the referendum held on November 6 , 2001 , with respect to the proposed 2,000,000 General Obligation Community College Bonds of the County , to be 7,600 votes “ For ” approval of the Bond Order and 2,448 votes “ Against ” approval of the Bond Order 2 The affirmative votes of a majority of those voting having been received , the Board hereby certifies and declares that the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION COMMUNITY COLLEGE BONDS OF JOHNSTON COUNTY IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 2,000,000 FOR THE PURPOSE OF FINANCING , IN PART , THEPage726 ACQUISITION , CONSTRUCTION AND EQUIPPING OF COMMUNITY COLLEGE FACILITIES ” , is now in effect 3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in the Smithfield Herald and filed in the Clerk’s Office 4 This resolution shall take effect immediately Commissioner Fred Smith moved the passage of the foregoing resolution , Commissioner Thomas M Moore seconded the motion and the resolution was passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith , and W Ray Woodall Nays None Not voting None 9 Resolution Authorizing Issuance and Sale of Anticipation Notes - Brogden Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board recessed regular session to sit as the Brogden 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 BROGDEN WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA IN THE AGGREGATE PRINCIPAL AMOUNT OF 3,347,000 THEREOF 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 Brogden Water District of Johnston County the “ District ” on August 2 , 1999 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on September 28 , 1999 ; and WHEREAS , the Board desires to provide for the issuance of 3,347,000 in water bond anticipation notes pursuant to a Bond Order resolution adopted on July 6 , 1999 , in order to finance certain costs of a water system for the District the “ Projects ” ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Brogden Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on December 3 , 2001 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE BROGDEN 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 3,347,000 the “ Notes ” pursuant to and in accordance with the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE BROGDEN 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 December 20 , 2001 or such date as may be directed or approved by the LGC and the Board , shall be in denominations as specified by the purchaser thereof , 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 September 11 , 2002 , or such later date as may be approved by the LGC and the Board , so long as the maturity for the Note does not exceed one 1 year 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 seven percent 70 Principal and interest shall be payable to the holders upon surrender of notes as they become due at the principal corporate trust office of such institution as may be designated as paying agent for the notes by the purchaser Principal and interest shall be payable in lawful money of the United States of America 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 3,347,000 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 thePagePage pageNumber5727 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 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 © 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 2001 , 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 2001 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 ; © 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 2001 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 2001 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 2001 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 Notes that compliance with any restriction set forth in b or © 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 1999 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 2001 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 2001 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 2001 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 bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or d above will not prevent the District from having 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 , when they shall have been duly sold by the LGC , 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 notes pursuant to NCGS § 159E - 4 15 All resolutions or parts of resolutions in conflict herewith are hereby repealed 16 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 PagePage pageNumber6728 Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith , and W Ray Woodall Nays None Not voting None Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adjourned the Brogden Water District Board and resumed regular session 10 Resolution Authorizing Issuance and Sale of Anticipation Notes - Little Creek Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board recessed regular session to sit as the Little Creek 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 LITTLE CREEK WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA IN THE AGGREGATE PRINCIPAL AMOUNT OF 3,777,000 THEREOF 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 Little Creek Water District of Johnston County the “ District ” on August 2 , 1999 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on September 28 , 1999 ; and WHEREAS , the Board desires to provide for the issuance of 3,777,000 in water bond anticipation notes pursuant to a Bond Order resolution adopted on July 6 , 1999 , in order to finance certain costs of a water system in the District the “ Projects ” ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Little Creek Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on December 3 , 2001 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE LITTLE CREEK 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 3,777,000 the “ Notes ” pursuant to and in accordance with the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE LITTLE CREEK WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,600,000 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 December 20 , 2001 or such date as may be directed or approved by the LGC and the Board , shall be in denominations as specified by the purchaser thereof , 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 September 11 , 2002 , or such later date as may be approved by the LGC and the Board , so long as the maturity for the Note does not exceed one 1 year 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 seven percent 70 Principal and interest shall be payable to the holders upon surrender of notes as they become due at the principal corporate trust office of such institution as may be designated as paying agent for the notes by the purchaser Principal and interest shall be payable in lawful money of the United States of America 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 3,777,000 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 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 usedPagePage pageNumber7729 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 © 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 2001 , 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 2001 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 2001 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 2001 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 2001 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 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 1999 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 2001 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 2001 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 2001 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 bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or d above will not prevent the District from having 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 , when they shall have been duly sold by the LGC , 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 notes pursuant to NCGS § 159E - 4 15 All resolutions or parts of resolutions in conflict herewith are hereby repealed 16 This resolution shall take effect immediately Commissioner Cookie Pope moved the passage of the foregoing resolution and Commissioner Allen L Mims , Jr seconded the motion , and the resolution was passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith , and W Ray Woodall Nays None Not voting NonePagePage pageNumber8730 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Little Creek Water District Board adjourned and regular session was resumed 11 Public Hearing - Proposed Amendment to Sewer Use Ordinance Advertised The Smithfield Herald on 11 16 ; 11 23 01 The Chairman opened the public hearing and invited anyone who wished to address the Board on a proposed amendment to the Johnston County Sewer Use Ordinance to comply with the new State requirements concerning oil and grease regulations Engineer Tim Broome briefly summarized the proposal which would require grease and oil traps at all commercial , industrial , institutional or other non - residential cooking establishments He noted he is not aware of anyone on the County’s system that will be affected at this time He noted the second phase of these restrictions will apply to municipalities , at which time the towns served by the WWTP will need to adopt similar ordinances There being no further comments , the Chairman closed the public hearing Sewer Use Ordinance Amendment Adopted Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board adopted the following amendment to the Johnston County Sewer Use Ordinance Amendment to Johnston County Sewer Use Ordinance ADDITIONS Table of Contents - Section 2 - General Sewer Use Requirements Insert new item 28 Grease Trap and Interceptor Installation , Maintenance , Record Keeping , and Removal ” Change existing item 28 to 29 Change existing item 29 to 210 Section 1 - General Provisions ; 12 - Definitions and Abbreviations lt; County Shall mean the County of Johnston , North Carolina , and its utility service area lt; Grease Shall mean all greases , grease complexes , fats , oils , scum , sludges and all other organic polar compounds derived from animal and or plant sources that contain multiple carbon chain triglyceride molecules Such substances are detectable and measurable using analytical procedures established in 40 CFR 136 lt; Grease Trap or Grease Interceptor Shall mean a device for separating and retaining waterborne greases before the wastewater which contains such grease exits the grease trap or interceptor into the County’s wastewater collection system or POTW The grease trap or interceptor also collects settable solids generated by or incidental to commercial , industrial and food preparation activities lt; Cooking Establishment Shall mean any person primarily engaged in the activities of cooking , preparing , serving or otherwise making available for human consumption any form of foodstuff , and which uses one or more of the following cooking or preparation methods in connection with such activities cooking or preparation by frying all methods , baking all methods , grilling , sautéing , rotisserie cooking , broiling all methods , boiling , blanching , roasting , toasting , poaching , or any type of cooking or preparation that produces a hot non - potable product in or on a receptacle that requires washing , rinsing or other form of cleaning Such establishments include , but are not limited to , restaurants , cafeterias , extended care facilities , school cafeterias public and private , and daycare facilities where meals for more than six 6 children are prepared , served or otherwise made available for human consumption lt; Non - cooking Establishment Shall mean any person primarily engaged in the rendering or preparation of pre - cooked foodstuffs that do not require or involve any form of cooking Such establishments include , but are not limited to , establishments that are primarily engaged in the rendering preparation of cold dairy and frozen foodstuffs lt; Commercial Establishment and Industrial Establishment Shall mean any user that has the potential to use , contribute to or otherwise impact the County’s wastewater collection system or POTW Such establishments include , but are not limited to , maintenance facilities , repair facilities and equipment cleaning facilities Section 2 - General Sewer Use Requirements ; 27 - Pretreatment of WastewaterPagePage pageNumber9731 b 3 add the following to be the last sentence of this item - “ Grease trap and interceptor installation , maintenance , record keeping , and removal shall comply with 28 ” Section 2 - General Sewer Use Requirements New item 28 , as follows 28 Grease Trap and Interceptor Installation , Maintenance , Record - Keeping and Removal a No later than one 1 year after adoption of this ordinance , all users shall install grease traps or interceptors designed to limit the introduction , contribution and discharge of greases into the County’s wastewater collection system or POTW Grease traps and interceptors with appropriate sampling or inspection points shall be installed at the user’s expense whenever any user operates a commercial establishment , industrial establishment , or a cooking establishment Grease traps and interceptors must have a minimum capacity of one thousand 1,000 gallons or more as required to effect a grease concentration maximum of 200 mg l b Alternative methods of compliance may be approved by the County if the user demonstrates that compliance with this ordinance is impossible or impractical at the time of adoption of this ordinance as a result of limited space However , any such proposed alternative method of compliance will be required to meet the performance criteria specified in Section III 1 of this ordinance , and the user must adequately demonstrate to the satisfaction of the County that the proposed alternative method will satisfy those performance criteria In addition , any such alternative method must be cleaned at a more frequent interval than is required of grease traps and interceptors under Section III 5 of this ordinance Prior to approval of any such proposed alternative method of compliance , documentation of the proposed method’s actual performance criteria must be submitted to the County’s Pretreatment Coordinator or Operations Director for review and approval c Grease traps and interceptors may also be required in other facilities , as deemed necessary by the County’s Pretreatment Coordinator or Operations Director d Upon the prior written approval of the Operations Director , non - cooking establishments may be exempted from the requirements of this ordinance after an inspection of the subject premises and submission of adequate supporting documentation , as deemed necessary in the sole and absolute discretion of the Operations Director At a minimum , such supporting documentation shall include blueprints of the subject premises , a full and detailed description of the operations and activities at the subject premises , and a full and detailed list of all potential sources of grease at the subject premises e Users shall empty and service grease traps and interceptors to comply with the performance criteria in Section III 1 of this ordinance as often as necessary , but in any event no longer than every sixty 60 days Under - the - counter types of grease traps and interceptors shall be cleaned at least daily , and shall comply with the performance criteria in Section III 1 of this ordinance There shall be no reintroduction of wastewater back into the grease trap or interceptor unless and until said wastewater has been proven to contain 200 mg l or less of grease Under no circumstances shall the sludge or scum layer be reintroduced or discharged into the County’s wastewater collection system or POTW f Users shall supply i an adequate sampling point downstream of the grease trap or interceptor , prior to mixing with other sanitary flows , and ii an accessible entry into each chamber of the grease trap or interceptor The minimum requirement for the sampling point shall be a four inch 4 ” vertical clean - out g Users shall retain detailed records on - site for a minimum of three 3 years reflecting all maintenance carried out pursuant to this ordinance At a minimum , such records shall contain the following information date of service , name of the employee involved , and a receipt reflecting all services rendered by the waste hauler providing the service h Users are required to keep the grease trap or interceptor free of inorganic solids such as grit , towels , gloves , cigarettes , eating utensils , etc , which could clog or settle in the trap or interceptor , thereby reducing the effective volume or capacity of the trap or interceptor i Users are required to ensure that all waste material removed from grease traps and interceptors is disposed of in a manner that complies with all federal , state and local statutes , rules , regulations , policies and ordinances j Except as provided herein , for a period of one 1 year following the adoption of this ordinance , no enforcement actions will be taken under this section for failure to achieve the performance criteria specified in Section III 1 of this ordinance If , during such period , i an obstruction of any of the County’s sanitary sewer main s occurs and causes a sewer overflow , spill , leak or other event with any environmental impact , and ii such overflow , spill , leak or other event may be attributed in part or in whole to a particular user , then the County will seek enforcement action under the Sewer Use Ordinance , and or the Pretreatment Enforcement Plan For purposes of this section , an overflow , spill , leak or other event shall be deemed to have an environmental impact when i such overflow or other event involves an amount of wastewater equal to or in excess of one thousand 1,000 gallons , or ii any amount of wastewater reaches any body of surface water CHANGES Section 2 - General Sewer Use Requirements Change existing item 28 Accidental Discharge Slug Control Plans to item 29 Page0732 Change existing item 29 Hauled Wastewater to item 210 DELETIONS Section 2 - General Sewer Use Requirements ; 27 - Pretreatment of Wastewater b 3 delete the following sentence - “ All interception units shall be of the type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection Such interceptors shall be inspected , cleaned , and repaired regularly , as needed , by the user at their expense ” 12 Award of Bid - Pipeline Extensions in McGee’s Crossroads and Cleveland Water Districts Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board recessed regular session to sit as the McGee’s Crossroads and Cleveland Water District boards Engineer Tim Broome reviewed with the Board the following bids received on November 21 , 2001 for the construction of water main additions in the McGee’s Crossroads and Cleveland Water Districts McGee’s WD Cleveland WD Total Selco Construction , Inc Smithfield , NC 228,34986 100,39800 328,74786 Ralph Hodge Const , Wilson , NC 238,01000 111,51750 349,52750 Blackmon & Associates , Four Oaks , NC 246,95750 107,86200 354,81950 Hendrix - Barnhill Co , Inc , Greenville , NC 262,93250 112,06750 375,00000 T A Loving Company , Goldsboro , NC 289,41000 96,30000 385,71000 JF Wilkerson Cont Co , Morrisville , NC 284,47325 115,24250 399,71575 Billings & Garrett , Inc , Raleigh , NC 294,04800 134,41500 428,46300 Sanford Contracting Co , Sanford , NC 340,64992 118,71350 459,36342 Peters & White Const , Chesapeake , VA 362,87391 107,90360 470,77751 Hare Pipeline , Inc , Apex , NC 335,90500 139,45000 475,35500 Wm J Keller & Son Const , Cartleton , NY 504,69000 271,19500 775,88500 He recommended the Board award a contract to the low bidder , approve project budgets for each district , and approve a two part budget amendment for the Cleveland portion of the project to budget Reserve funds for the County’s contribution , and an 87,000 contribution from the developer Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board awarded a contract to low bidder , Selco Construction of Smithfield in the total amount of 328,74786 , approved a 248,000 project budget for the McGee’s Crossroads WD and the project budget of 110,000 for the Cleveland WD , and approved the following two part budget amendment for the Cleveland Water District portion of the project Cleveland Water District Cons FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 32 86051800 Construction of Project 100,39800 32 86057406 Contingency construction 5,60200 32 86050406 Technical Service 4,00000 TOTAL NET EXPENDITURES 110,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 32 860537925 Transfer from other Funds 23,00000 32 8605 Developer Contributions 87,00000 TOT AL NET REVENUE 110,00000 Water FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 67 78109023 Transfer to Other Funds 23,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 67 781033990 Fund Balance Appropriated 23,00000Page1733 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Cleveland and McGee’s Crossroad’s Water District Boards adjourned , and regular session was resumed 13 Resolution Releasing State Funds to Triangle J COG Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved the following resolution RESOLUTION 2002 2003 BY JOHNSTON COUNTY WHEREAS , in North Carolina the Lead Regional Organizations , as voluntary organizations serving municipal and county governments , have established productive working relationships with the cities and counties across the state ; and WHEREAS , the General Assembly continued to recognize this need through the appropriation of 935,000 to help the Lead Regional Organizations assist local governments with grant applications , economic development , community development , and to support local industrial development activities and other activities as deemed appropriate by their local governments ; and WHEREAS , these funds are not intended to be used for payment of members ’ dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments ; and WHEREAS , in the event that a request is not made by a unit of government for release of these funds to our Regional Council , the available funds will revert to the State’s General Funds ; and WHEREAS , in Region J funds in the amount of 55,000 will be used to carry out the economic development plan approved by the Triangle J Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to , and consequently , the benefits of the Research Triangle Park Area NOW THEREFORE BE IT RESOLVED , that JOHNSTON COUNTY requests the release of its 7,77824 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of section 2012 of Senate Bill 1005 , the 2001 ratified budget bill rd Adopted this the 3 day of December , 2001 14 JCATS - Request for Authorization to Apply for Community Transportation Program Grant Donna Creech , executive director of Council on Aging , requested authorization for Johnston County Area Transit System JCATS to apply for the administrative portion of the 2002 - 2003 Community Transportation Program CTP grant in the amount of 163,231 She recognized Ray Woodall , JCATS manager , and Steve Strickland , CTS chairman , and noted the three of them would be glad to answer any questions the Board might have Mrs Creech explained the County match for this portion of the grant , 24,635 , would be included in next year’s fiscal budget Application for the capital portion of the grant will be submitted after the first of the year Following discussion , Commissioner Cookie Pope moved the Board authorize JCATS to apply for the administrative portion of the 2002 - 2003 Community Transportation Program CTP grant in the amount of 163,231 Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote 15 Strategic Plan for Open Space Protection Don Stephenson , project director of the Open Space Protection Work Group , presented the final draft of the Strategic Plan for Open Space Protection in Johnston County He explained this plan represents the intense effort of 37 citizens and 7 members of an advisory board to come up with a plan to provide an effective program protecting open space in the County The group considered natural and historic areas , as well as recreation needs , and considered the possibility of an Open Space Authority in the future He presented the plan for the Board’s acceptance and noted it is flexible and can be adapted to meet the needs of the County Commissioner Thomas M Moore thanked Mr Stephenson and his committee and stated , in his opinion , this is a significant document which needs to be used as a first step in developing a viable program for the County Chairman Langdon also thanked the committee for their hard work and noted this is the second step the Board has taken in looking at this very important issue The first consisted of the report of sites that need to be preserved , and this document offers information on how the County can accomplish this Page2734 Commissioner Allen L Mims , Jr pointed out that a former Planning Department employee worked on the committee and suggested the Board needs to make sure someone from that department continues to work on this project Motion Following discussion , Commissioner Thomas M Moore moved the Board accept the plan to use as a guide and appoint an open space advisory committee to work with the Planning Staff on a program for the County Commissioner Allen L Mims , Jr seconded the motion Discussion Commissioner Wade M Stewart stated he supports the idea of preserving forest and farm land , however , he would like to talk with the Planning Director about the approach of the plan before anything major is done He suggested the County needs to take this a step at the time and look at the whole picture , including the open space requirement for the developers Commissioner Fred Smith stated he would support a motion to accept the plan , but would not favor appointing an advisory committee at this time Amended Motion Following further discussion , Commissioner Thomas M Moore amended his motion to simply accept the plan Commissioner Allen L Mims , Jr seconded the amended motion , which carried by unanimous vote 16 Appointments A Industrial Development Commission The Board discussed the additional application that was submitted earlier in the meeting and considered the possibility of increasing the membership of the commission They postponed action until the County Attorney could check to see if there were any required procedures necessary in order to change the structure of the committee Later in the meeting , Commissioner Thomas M Moore moved the Board expand the Industrial Development Commission to 12 members to include an additional at - large position , and appoint the following persons for two year terms to expire December 2003 Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Reappointed T G Ennis at - large , Chris Johnson Smithfield , Jeffrey Stephenson Benson , Linwood Parker Four Oaks , Robert A Sutton at - large Appointed Larry E Parker , Sr Pine Level and H Bradley Carroll at - large B Mocassin Creek Service District Board Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board reappointed Richard Braswell to the Mocassin Creek Service District Board for a two year term to expire December 2003 C Criminal Justice Partnership Advisory Board Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board appointed the following members to the Johnston County Criminal Justice Partnership Advisory Board for two year terms to expire December 2003 Reappointed Steve Alexnder , Jean High , Lynwood Rains , Truett Underhill , Bethany Allen Hale , Joy Jones , Steve Strickland , Donald Jones , June Holt , and Judge Albert A Corbett , Jr Appointed A P Godwin and Benita Bonnie Vann Capps D Shoeheel Fire Relief Fund Board of Trustees Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board reappointed Jimmy Colin Batten to the Shoeheel Firemen’s Relief Fund Board of Trustees for a two year term to expire December 2003 Page3735 E Selma Firemen’s Relief Fund Board of Trustees Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board appointed Allen L Sellers to fill an expired term on the Selma Firemen’s Relief Fund Board of Trustees to expire October 2002 F Nursing Home Domiciliary Home Advisory Board Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board appointed Linda Beckett to the Nursing Home Domiciliary Home Advisory Board for a three year term to expire December 2004 17 Budget Amendments Approved Upon a motion by Commissioner Fred Smith , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved the following budget amendments Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61006386 LINKS Special Trust Fund 8,50000 10 61006387 LINKS Special Transitional Housing 6,00000 10 61006388 LIN KS Special Scholarship 10,00000 10 61006389 LIN KS Special H igh Risk Y outh 18,00000 10 61006380 Independent Living 8,68200 TOTAL NET EXPENDITURES 33,81800 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034168 LINKS Special Fund Revenue 42,50000 10 610034123 Social Services Administration 8,68200 TOT AL NET REVENUE 33,81800 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304586 Smart Start Child Care 289,93700 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 613034119 Child Day Care 289,93700 Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59157402 Capital Outlay Bldg - Epidemiology 4,36313 10 59257402 Capital Outlay Bldg - Maternal Health 78,55274 10 59457402 Capital Outlay Bldg - Child Health 127,25778 10 59607402 Capital Outlay Bldg - Family Planning 1,89750 10 59207402 Capital Outlay Bldg - Adult Health 18,20611 TOTAL NET EXPENDITURES 230,27726 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 591534154 Medicaid Cost Settlement - Epidemiology 4,36313 10 592534154 Medicaid Cost Settlement - Maternal Health 78,55274 10 594534154 Medicaid Cost Settlement - Child Health 127,25778 10 592034154 Medicaid Cost Settlement - Adult Health 1,89750 10 596034154 Medicaid Cost Settlement - Family Planning 18,20611 TOTAL NET REVENUE 230,27726Page4736 Sheriff’s Office FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51003350 Supplies - Special - Sheriff 3,50000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 510033099 Miscellaneous Revenue 3,50000 Sheriff - Juvenile Restitution Program FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51304900 Other Fixed Charges 1,50000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513034162 Restitution Revenue 1,50000 Sheriff’s Office FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51007400 Capital Outlay 15,77156 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460032509 Insurance Recovery 15,77156 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51007414 Capital Outlay - Sheriff’s Special 34,70454 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 510035100 Federal Drug Money 34,70454 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Maintenance & Repair Vehicles 4,14655 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460032509 Insurance Recovery 4,14655 Public Utilities FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 20 85951800 Construction of Project - CJCWWF & Selma E & P 45,34000 Fac ’ s Improvements FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 20 859537925 Transfer from other funds 45,34000Page5737 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 68 79109060 Transfer to Water & Sewer Construction 45,34000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 68 791033990 Fund Balance Appropriated 45,34000 18 Decision on Rezoning Case 552 Case 552 Petition to rezone approximately 303 acres located on NC 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Peggy Flowers , Applicant Atlantic Site Development for Nextel The Board held a public hearing on rezoning case 552 on October 8 , 2001 , after which a decision was tabled During the hearing , it was noted the tower would be located further back on the property than originally stated Commissioner Fred Smith noted the Board has received information from cellular tower consultant , Rusty Monroe , stating there is a need for a tower in the area , and the property in question would be the best location for the structure Mr Monroe also stated that approving this tower should eliminate the need for future towers in the vicinity Based on the report from the consultant and other calls from people in the community , Commissioner Smith moved the Board approve rezoning case 552 for owner , Peggy Flowers , and applicant , Atlantic Site Development for Nextel , with the understanding the approved site would be the newer location to the back of the property Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 19 Public Hearing Special Use Permit for Case 552 The Chairman opened the public hearing and invited anyone who wished to address the Board on the following petition for a special use permit ; Case 552 Special use permit application for a telecommunications tower on approximately 303 acres located on NC 42 East in Wilders Township Owner Peggy Flowers , Applicant Atlantic Site Development for Nextel Those persons wishing to speak were sworn in by the Clerk Dave Roesler , Assistant Planning Director , presented the following summary of evidence on this case and noted the only change would be that the actual site has been moved to the back of the property further from the highway A pre - application hearing was held with the applicant on April 20 , 2001 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board Applicant will be notified in writing of the Board’s 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements Page6738 Subsequent to the pre - application conference , 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 May 15 , 2001 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Agricultural Residential - Special Use District , and recommended a special use permit based on the following findings of fact and conditions Findings of fact 1 The use of the development will be located , designed and proposed to be operated so as to maintain or promote the public health , safety , and general welfare 2 The use of the development complies with all required use and intensity regulations of Article 4 , and 8 , and the applicable specific standards contained in Sections 67 and 68 of the Johnston County Development Ordinance and with all applicable regulations ; 3 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 ; and 4 The use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Johnston County Development Ordinance , the Johnston County Strategic Plan , or other development policies as adopted by the Board of Commissioners Special Conditions 1 Tower Height 195 ft monopole with equipment shelters compound 2 That the communications tower be constructed within twelve 12 months 3 That the communications tower be made accessible for co - locatio