February 5, 2001 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 442 February 5 , 2001 The Johnston County Board of Commissioners met in regular session Monday , February 5 , 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 , Cookie Pope , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred J Smith , and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , County Attorney 1 Minutes - January 2 , 8 , 2001 Meetings Chairman James H Langdon , Jr asked if there were corrections to the minutes of the January 2 , 8 , 2001 board meetings Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Ray Woodall and carried by unanimous vote , the Board approved the minutes as presented Public Comment - No one spoke during public comment 2 Department of Transportation - Additions to System The Board reviewed a petition presented by the North Carolina Department of Transportation requesting the following roads be added to the State Secondary System for maintenance Creekstone Drive , Beaver Ridge Way , Sunrise Circle , Willmack Drive , Bay Meadow Lane , Valley View Way and Lazy Branch Drive in Creekstone Subdivision , Pleasant Grove Township Following review , Commissioner Ray Woodall moved the Board concur with the NC Department of Transportations request to add the roads listed above to the State Maintained System Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote The Board then reviewed another petition requesting the following roads be added to the State System Raymond Drive , Freezor Court , Trantham Trail , Linwood Lane , and Marcellus Way in Riverwood Subdivision , Wilders Township Following review , Commissioner Cookie Pope moved the Board concur with the NC Department of Transportation’s request to add the roads listed above to the State Maintained System Commissioner Ray Woodall seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart and W Ray Woodall NaysNone Abstaining Fred Smith 3 Recreation Grant Program Revisions Commissioner Allen L Mims , Jr reviewed with the Board a proposed policy to restructure the recreation grant program He explained the recreation grant committee , which was appointed some time ago by the Chairman , met with several municipal and recreation foundation directors in the County to look at ways to improve the program The proposed policy would provide for large , medium and small grants with varying match requirements He noted the committee would like public input on their proposal Randy Pace , representing Corinth Holder Recreation Committee , commented that if priority is given to municipalities and programs where only large numbers of citizens are served , then small communities like Corinth Holder would never have an opportunity to compete , especially for the larger grants He noted the County grants are the sole support for small communities since they are not eligible for any state grants , and missing out on this money would be critical for them He also asked if this would affect the policy on ball field lighting that was put into effect several years ago , which stated the County would participate in upgrading school ball field lighting on a basis of County 40 , town or community 40 and Board of Education 20 Page443 Commissioner Mims responded the larger grants might go to higher growth areas at first since one of the criteria would be the ability to pay the required match , but the policy also indicates the screening committee would consider locality to make sure the entire County is represented He noted he did not feel this policy would affect the existing policy concerning ball field lighting Jeff Hamilton from Archer’s Lodge stated his community has used the fire department facility for years for recreation Because of the growth in the area , however , they are now going to have to build a community building and will need some help He asked that the committee consider smaller unincorporated communities when awarding the large grants Commissioner Fred J Smith pointed out the towns do have tax revenue to help support their programs , which communities like Corinth Holder and Archer’s Lodge do not have He suggested that fact be kept in mind when this policy is implemented Commissioner Mims agreed , but noted the town people also pay County taxes , and towns are providing recreation facilities for many people who live outside their city limits Larry Bailey , Parks and Recreation Director for the Town of Clayton , spoke on behalf of several town parks & recreation directors who were present He noted the municipalities in many cases serve more out - of - town participants than people who live within their town limits He thanked the Board for re - evaluating the recreation grant program and considering different size grants Lumus Woodard with the Clayton Civitan stated the County’s 2000 matching grants have been very helpful over the years since his club has been supporting recreation programs He stressed the need to keep these smaller grants available Larger grants would be nice , but the main issue with all the growth in the area is the need for additional funding Commissioner Fred Smith suggested the Board consider setting aside a percentage of the budget for recreation , which would grow as the budget grows from year to year Commissioner Allen L Mims , Jr noted that having applications presented prior to the budget will indicate how much should be allocated each year Commissioner Wade M Stewart thanked the people throughout the County who are providing recreation opportunities He stated he would like to see a united effort between the schools and the communities when new schools are built to make sure community needs are met He pointed out when looking at school sites , it might be wise to purchase additional land for future recreational needs In discussion it was noted this concept of community and school cooperation is already working in several other counties Commissioner Thomas M Moore suggested the open space committee should look at this possibility and work with schools and communities Motion Following discussion , Commissioner Wade M Stewart moved the Board adopt the proposal as presented with the understanding that changes can be made if needed once the program is implemented Commissioner Thomas M Moore seconded the motion Further Discussion Cecil Stancil from the Glendale Community asked the Board to keep in mind that not all communities have school facilities to depend on , and not all recreation needs are for youth He asked the Board to remember the senior citizens who need senior centers Mike Walters from the Town of Pine Level noted that some communities submitted their grant applications late this year and were not funded He asked the Board to consider those communities as it would be very difficult to go another year without some help Dale Bender , Special Olympics Coordinator , thanked the Board for their help She also thanked the school system and community organizations for the use of their facilities for her program Page444 Board members discussed funding options for recreation and agreed this needs further discussion at the upcoming Board retreat Terry Stephenson with the Cleveland Athletic Association noted that funding is critical He stated his area is growing so fast the Association is struggling to find facilities The 2000 grants have been great , but more money is needed in order to provide recreation to the citizens Mark Johnson from Princeton stated his community has been supporting baseball for years and has provided fields , which the schools use He asked the Board not to forget areas like Princeton Vote The motion passed by unanimous vote The Chairman thanked everyone for their comments and noted the Board will provide as much support as possible The goal is to make things better 4 Public Hearing - 11 00 am - Community Development Block Grant - Economic Development CDBG - ED - Close Out for Midstate Mills Advertised Jan 19 , 2001 - The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on the County’s CDBG - ED Midstate Mills project Economic Development Director , Michael de Sherbinin , informed the Board this is the last public hearing on the Community Development Block Grant for providing water , wastewater and fire protection for Wilson’s Mills Midstate Flour facility The 120,000 grant was awarded based on the project creating 15 additional jobs and meeting the low income benefit requirement of at least 60 There being no further comments , the Chairman closed the public hearing 5 State ADM Funds Designated for School Projects Dr Jim Causby , Superintendent of Schools explained that ADM funds are state money that comes through the County and require County Board approval before being used Usually this money is used to finish projects that run short of funds He requested the Board approve the designation of State ADM funds in the amount of 177,700 for South Smithfield Primary School addition project , and an additional 367,000 for Smithfield - Selma High School project Commissioner Fred Smith moved the Board approve the use of ADM funds as requested by the Board of Education Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 6 Award of Contract - Scattered Site CDBG Administrator HAPP Director , Anne Eason , informed the Board she received proposals for administering the Scattered Site CDBG , and recommended award of contract to Holland Consulting Planners , Inc of Wilmington , NC in an amount not to exceed 51,508 In response to a question from Commissioner Fred Smith , Ms Eason explained the Scattered Site project will rehabilitate approximately 15 homes throughout the County that need major repair , which the owners can not afford to make The grant includes funds to pay for the administrator who will handle securing the workers and take all responsibility , including the necessary legal work No County match is required Commissioner Cookie Pope asked if local contractors will be given a chance to do this work Ms Eason stated that local people will certainly have an opportunity to bid on all contracts She noted no one from the County submitted a proposal for administrator Following further discussion , Commissioner Wade M Stewart moved the Board approve the contract for administering the Scattered Site CDBG to Holland Consulting Planners , Inc in an amount not to exceed 51,508 Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Page445 7 Public Hearing - 11 15 am - CDBG Scattered Site Funding Application Advertised Jan 23 , 2001 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on determining priorities for community development and housing needs of the County Jesse Myers with Holland Consulting Planners , stated this hearing is the first of two required hearings in order to apply for a Community Development Block Grant She reviewed the procedures for obtaining a scattered site grant and noted the houses to be rehabilitated are not identified until after the County receives the grant agreement The houses chosen will be based on owner income and will all be owner occupied This program is not for minor repairs or remodeling , but will be used for houses in need of major , plumbing , electrical , heating airconditioning and or structural repair In response to a question from Commissioner Fred Smith , Ms Myers stated that owners must sign a deed of trust or promissory note before this work is done , and they can not sell their houses for a number of years afterwards If they do not sell , they will not have to repay the money If they sell within the time period , they would have to reimburse the County a prorated amount of the funds used on their repairs There being no further comments , the Chairman closed the public hearing 8 Criminal Justice Partnership Advisory Board - Request for Approval of State Grant Renewal Joy Jones , chair of the Criminal Justice Partnership CJP Advisory Board , requested the Commissioners authorize her committee to apply for Continuation of Implementation Funding from the NC Department of Correction to keep the Criminal Justice Partnership program active in the County It was noted this will be the third year for the program that rehabilitates and educates adult probationers Ms Jones thanked Commissioner Pope , who serves on the CJP board , for her support Following discussion , Commissioner Allen L Mims , Jr moved the Board authorize the CJP Advisory Board to make application for continuation of implementation funding from the NC Department of Corrections Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote 9 Tax Request - Appeal on Penalties and Interest on Tax Discovery Interim Tax Administrator , Jack Williford , informed the Board that J Mark Williams with Jerry G Williams & Sons , Inc is appealing the penalties on a tax discovery of additional property taxes for his business The discovery was based on incorrect recording that was unintended on the part of the company The Company has paid the taxes due , but is asking the Board to compromise the penalty and associated interest on the penalty Commissioner Fred Smith questioned the wisdom of not charging any interest on a tax discovery as it would seem to be an incentive for people to under report and wait to see if a discovery is made The Board agreed to discuss this matter further at their upcoming retreat Following further discussion , Commissioner Thomas M Moore moved the Board compromise the penalty and associated interest on the penalty of a tax discovery for Jerry G Williams & Sons , Inc Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 10 Report on Delinquent Taxes for Year 2000 Mr Williford presented a report to the Board on delinquent taxes for 2000 He noted to date there is a total of 15,989,30969 in taxes and 320,000 in interest owed the County in delinquent taxes He asked the Board to set the month of March to advertise these taxes due In response to a question from Commissioner W Ray Woodall , Mr Williford stated the tax collection rate is approximately 94 in Johnston County The reason it is not higher is because of the problem with collecting motor vehicle taxes Upon a motion by Commissioner Fred Smith , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board accepted the delinquent tax report from the Tax Department and set the month of March 2001 to advertise delinquent taxes in the County PagePage pageNumber5446 11 Resolution Authorizing Issuance and Sale of 3,774,000 GO Water Bonds for Archer’s Lodge Water District Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board recessed regular session to sit as the Archer’s Lodge Water District Board The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF 3,774,000 GENERAL OBLIGATION WATER BONDS OF THE ARCHER’S LODGE WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA , PURSUANT TO A BOND ORDER HERETOFORE APPROVED AND PROVIDING FOR THE FORM , DETAILS AND PAYMENT 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 Archer’s Lodge Water District of Johnston County the “ District ” on June 8 , 1998 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on August 4 , 1998 ; and WHEREAS , the Board desires to provide for the issuance of 3,774,000 in general obligation water bonds , in part , to refund anticipation notes in the amount of 3,774,000 previously issued to finance the acquisition , construction and equipping of a water system in the District pursuant to said Bond Order ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Archer’s Lodge Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on February 5 , 2001 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE ARCHER’S LODGE WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA 1 The District shall issue its general obligation water bonds in an aggregate principal amount of 3,774,000 pursuant to and in accordance with the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE ARCHER’S LODGE WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,000,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT 2 The Bonds will be designated “ Water Bonds ” and shall be dated February 20 , 2001 The Bonds shall mature in annual installments on June 1 in years and amounts as follows Year Amount Year Amount Year Amount 2003 39,000 2016 73,000 2029 132,500 2004 40,500 2017 76,500 2030 138,500 2005 42,500 2018 80,500 2031 145,500 2006 44,500 2019 84,000 2032 152,500 2007 47,000 2020 88,500 2033 156,000 2008 49,000 2021 92,500 2034 156,000 2009 51,500 2022 96,500 2035 156,000 2010 54,000 2023 101,000 2036 156,000 2011 57,000 2024 105,500 2037 156,000 2012 60,000 2025 111,000 2038 156,000 2013 63,000 2026 116,500 2039 156,000 2014 66,000 2027 122,000 2040 155,000 2015 69,500 2028 127,000 The Bonds shall bear interest at a rate of five percent 500 payable on June 1 , 2001 , and annually on each June 1 thereafter ; provided if the Bonds are not held by the United States of America , interest will be payable on each June 1 and December 1 The Bonds are issuable in fully registered form in the denomination of 500 or any integral multiple thereof Interest on the Bonds will be payable to the person appearing on the registration books of the District as the registered owner at the close of business on the record date for such interest , which shall be the 15th day whether or not a business day of the calendar month next preceding such interest payment date , by check mailed to the registered owner at his address as it appears , payable to the United States of America at such address as may be designated by the United States of America During such time as the Bonds are held by the United States of America , the Bonds will not be defeased without the written consent of the United States of America Initially , one fully registered bond without coupons will be issued , exchangeable within 90 days after notice for bonds of a like aggregate principal amount in authorized denominations During any period the Bonds are not held by the United States of America , interest and principal thereon shall be payable at First Citizens Bank & Trust Company , Raleigh , North Carolina 3 The Bonds will be subject to redemption , at the option of the District , at any time at the principal amount thereof to be redeemed , together with interest accrued thereon to the date fixed for redemption , but without any premium During such time as the Bonds are held by the United States of America , any prepayment of principal will be applied in inverse order of maturity PagePage pageNumber6447 Notice of redemption shall be given by first class mail , postage prepaid , to the registered owner of the Bonds Such notice shall be mailed not more than 60 nor less than 30 days prior to the date fixed for redemption 4 The Bonds shall be signed by the manual or facsimile signature of the Chairman , shall be countersigned and authenticated by the manual or facsimile signature of the Clerk and the manual or facsimile District seal shall be printed or affixed thereon No bond shall be valid until it has been endorsed by the manual or facsimile signature of the authorized representative of the North Carolina Local Government Commission the “ LGC ” 5 The Bonds shall be in substantially the following form , the terms and requirements of which are incorporated herein by reference REGISTERED REGISTERED No R - ___ 3,774,000 UNITED STATES OF AMERICA STATE OF NORTH CAROLINA JOHNSTON COUNTY , NORTH CAROLINA ACTING AS THE GOVERNING BODY OF THE ARCHER’S LODGE WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA Water Bond The Archer’s Lodge Water District of Johnston County , North Carolina the “ District ” acknowledges itself indebted and for value received , hereby promises to pay to the UNITED STATES OF AMERICA , ACTING BY AND THROUGH RURAL UTILITIES SERVICE , AN AGENCY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE or its registered assigns the “ Payee ” , the principal sum of Three Million Seven Hundred Seventy - four Thousand Dollars 3,774,000 on the first day of June in installments as follows Year Amount Year Amount Year Amount 2003 39,000 2016 73,000 2029 132,500 2004 40,500 2017 76,500 2030 138,500 2005 42,500 2018 80,500 2031 145,500 2006 44,500 2019 84,000 2032 152,500 2007 47,000 2020 88,500 2033 156,000 2008 49,000 2021 92,500 2034 156,000 2009 51,500 2022 96,500 2035 156,000 2010 54,000 2023 101,000 2036 156,000 2011 57,000 2024 105,500 2037 156,000 2012 60,000 2025 111,000 2038 156,000 2013 63,000 2026 116,500 2039 156,000 2014 66,000 2027 122,000 2040 155,000 2015 69,500 2028 127,000 in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America , and to pay interest on the balance of said principal sum from time to time remaining unpaid , in like coin or currency , from the date of initial authentication hereof at the rate of five percent 500 per annum , while held by the original payee , on June 1 , 2001 , and thereafter on June 1 of each year provided if this bond is not owned by the United States of America , interest shall be payable on each June 1 and December 1 , until the principal amount hereof has been paid Payments of the installments of principal and interest then due and payable on this bond without presentation or surrender hereof shall be made to the United States of America at such address as may be designated by it and , during any such time as an assignee of the Payee is the owner hereof , at the principal corporate trust office of First - Citizens Bank & Trust Company , Raleigh , North Carolina Upon receipt of said payments of principal and interest , written notice of the receipt thereof shall be given promptly to the District and the District shall be fully discharged of the obligation on this bond to the extent of the payment so made Upon final payment of principal and interest , this bond shall be surrendered to the District for cancellation This bond is issued in accordance with the Local Government Finance Act , Chapter 159 of the North Carolina General Statutes , and a bond order adopted by the Board of the District on June 8 , 1998 , to pay capital costs of improving the District’s water system The issuance of this bond and the contracting of the indebtedness evidenced hereby were approved by a majority of the qualified voters of the District voting at an election held on August 4 , 1998 The District has designated this bond and the issue of which it is a part as “ qualified tax - exempt obligations ” under Section 265 b 3 of the Internal Revenue Code of 1986 This bond is exchangeable at the sole expense of the District at any time , upon ninety 90 days ’ notice , at the request of the registered owner hereof and upon surrender of this bond to the District , for fully registered bonds , in the denomination of 500 each or any integral multiple thereof , in an aggregate principal amount equal to the unpaid principal amount of this bond and in the form of such fully registered multiple bonds as is provided for the resolution authorizing the issuance of the Bonds This bond may be assigned and upon such assignment , the assignor shall promptly notify the District by registered mail , and the assignee shall surrender the same to the District for transfer on the registration records , or in exchange for fully registered bonds in the denomination of 500 each or any integral multiple thereof in an aggregate principal amount equal to the unpaid principal amount of such single registered bond and bearing maturities corresponding to the principal installments on such single registered bond then unpaid , and every suchPagePage pageNumber7448 assignee shall take this bond subject to such condition So long as this bond is held or insured by the United States of America a the principal installments hereof may be prepaid in whole or in part at any time in inverse order of maturity and b this bond will not be defeased without the written consent of the United States of America When not so held or insured , this bond is subject to redemption at the option of the District , at any time at the principal amount hereof to be redeemed , together with interest accrued hereon to the date fixed for redemption , but without any premium It is hereby certified and recited that all such conditions , acts and things required by the Constitution or statutes of the State of North Carolina to exist , be performed or happen precedent to or in the issuance of this bond , exist , have been performed and have happened , and that this bond is within every limitation prescribed by said Constitution or statutes The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms This bond shall be governed by and construed in accordance with the laws of the State of North Carolina IN WITNESS WHEREOF , the District has caused this bond to be signed by the Chairman and Clerk to the Board of the District and sealed with the corporate seal of the District and this bond to be dated __________ , 2001 ARCHER’S LODGE WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA By _______________________________________ Chairman SEAL ATTEST ________________________________ Clerk to the Board of Commissioners Date Authenticated _________________________ ASSIGNMENT FOR VALUE RECEIVED the Payee named in the within bond hereby sell s , assign s and transfer s said bond unto __________________________________________________________ _______________________________________________________________________________ Please print or type name and address , including postal zip code , of Transferee PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE ________________________________________ Date ___________________________________ The issue of the Archer’s Lodge Water District of Johnston County 3,774,000 General Obligation Water Bonds has been approved under the provisions of The Local Government Bond Act of North Carolina By ______________________________________ Robert M High , Secretary Local Government Commission 6 The full faith and credit and taxing power of the District are hereby irrevocably pledged for the payment of principal of and interest on the Bonds Unless other funds are lawfully available and appropriated for timely payment of the Bonds , the Board shall levy and collect taxes and raise other revenues for payment of the principal of and interest on the Bonds , as the same become due and payable 7 The District shall maintain registration books for the registration of the Bonds If no qualified securities depository is the registered owner of the Bonds , upon surrender of any bonds at the office of the District , together with an assignment fully executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the District , the District shall execute and shall authenticate and deliver in exchange , a new bond or bonds having an equal aggregate principal amount , in authorized denominations , of the same form and maturity , bearing interest at the same rate , and registered in names as requested by the then registered owner or exchange shall be at the expense of the District , except that the District may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto The District shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner , except that interest payments shall be made to the person shown as owner on the registration books on the fifteenth day of the month preceding each interest payment date 8 The LGC is hereby requested to sell said Water Bonds to the United States of America by private sale on February 20 , 2001 9 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Bonds are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the Bonds to be “ arbitrage bonds ” within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended the “ Code ” , or otherwise cause interest on the Bonds to be includable in the gross income of the holders thereof , including the calculation and payment of such rebate amounts , if any , as may be required by the code 10 The Board hereby covenants that it will not permit the gross proceeds of the Bonds to be used in anyPagePage pageNumber8449 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 Bonds that any such restriction is not required to prevent the interest on the Bonds from being includable in the gross income of the registered owners thereof under existing statutes , the Board need not comply with such restriction 11 The Bonds are hereby designated as “ qualified tax - exempt obligations ” for purposes of Section 265 b 3 of the Code a The Board will in no event designate more than 10,000,000 of obligations as qualified tax - exempt obligations in 2001 , including the Bonds , for the purpose of such Section 265 b 3 ; b The District and all its “ subordinate entities ” within the meaning of Section 265 b 3 of the Code have not issued more than 10,000,000 of tax - exempt obligations in 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 Bonds ; c Barring circumstances unforeseen as of the date of delivery of the Bonds , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 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 Bonds ; 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 Bonds that compliance with any restriction set forth in b or c above is not required for the Bonds to be qualified tax - exempt obligations , the Board need not comply with such restriction 12 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Bonds prepared and , when they shall have been duly renewed by the LGC , to execute the Bonds and to deliver the Bonds to the State Treasurer of North Carolina for delivery to the United States of America 13 All other actions of officers of the District in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and confirmed 14 Such officers of the District as may be requested are hereby authorized and directed to execute appropriate closing papers including a certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto , applicable to “ arbitrage bonds ” Such papers and certificates shall be in such form as may be requested by bond counsel for the District 15 This resolution , in particular Sections 5 and 7 hereof , constitutes a system of registration for the Bonds pursuant to NCGS § 159E - 4 16 All resolutions or parts of resolutions in conflict herewith are hereby repealed 17 This resolution shall take effect immediately Commissioner Fred Smith moved the passage of the foregoing resolution and Commissioner W Ray Woodall seconded the motion , and the resolution was passed by the following vote Ayes 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 Archer’s Lodge Water District Board and resumed regular session 12 Resolution Certifying and Declaring Results of Referendum on Buffalo Water District GO Bonds and Providing for Publication of Notice Thereof Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board recessed regular session to sit as the Buffalo Water District Board The Johnston County Board of Elections certified to the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Buffalo Water District the “ District ” that the result of the bond referendum held in the District on January 23 , 2001 , with respect to the proposed 5,500,000 General Obligation Bonds of the Buffalo Water District was 65 votes “ For ” approval of the Bond Order and 6 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board PagePage pageNumber9450 Commissioner Wade M Stewart then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 2001 REFERENDUM ON BUFFALO WATER DISTRICT GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners of Johnston County acting as the governing body of the Buffalo Water District desires to certify and declare the results of the referendum held January 23 , 2001 ; NOW , THEREFORE , the Board of Commissioners for Johnston County , acting as the governing body of the Buffalo Water District , meeting in regular session at Smithfield , North Carolina , on February 5 , 2001 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE BUFFALO WATER DISTRICT 1 The Board hereby certifies and declares the result of the referendum held on January 23 , 2001 , with respect to the proposed 5,500,000 General Obligation Bonds of the District , to be 65 votes “ For ” approval of the Bond Order and 6 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 BONDS OF THE BUFFALO WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 5,500,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT ” , 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 Wade M Stewart moved the passage of the foregoing resolution , Commissioner W Ray Woodall seconded the motion and the resolution was passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall and Fred Smith Nays None Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adjourned the Buffalo Water District Board to sit as the Ingrams Township Water District Board 13 Resolution Certifying the Results of Referendum on Ingrams Township Water District GO Bonds and Providing for Publication of Notice Thereof The Johnston County Board of Elections certified to the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Ingrams Township Water District the “ District ” that the result of the bond referendum held in the District on January 23 , 2001 , with respect to the proposed 5,700,000 General Obligation Bonds of the Ingrams Township Water District was 79 votes “ For ” approval of the Bond Order and 0 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board Commissioner Wade M Steward then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 2001 REFERENDUM ON INGRAMS TOWNSHIP WATER DISTRICT GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners of Johnston County acting as the governing body of the Ingrams Township Water District desires to certify and declare the results of the referendum held January 23 , 2001 ; NOW , THEREFORE , the Board of Commissioners for Johnston County , acting as the governing body of the Ingrams Township Water District , meeting in regular session at Smithfield , North Carolina , on February 5 , 2001 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE INGRAMS TOWNSHIP WATER DISTRICT 1 The Board hereby certifies and declares the result of the referendum held on January 23 , 2001 , with respect to the proposed 5,700,000 General Obligation Bonds of the District , to be 79 votes “ For ” approval of the Bond Order and 0 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 BONDS OF THE INGRAMS TOWNSHIP WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 5,700,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT ” , is now in effect Page0451 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 Wade M Stewart 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 , W Ray Woodall and Fred Smith Nays None Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board recessed the Ingrams Township Water District Board and resumed regular session 14 Budget Amendments Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved the following budget amendments Department Social Services FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304586 Smart Start Child D ay Ca re Expense 575,00000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 613034119 Child Day Care 575,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61304519 Child Day Care Subsidy 826,11000 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 613034119 Child Day Care 826,11000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61006385 Hurricane Floyd Relief Fund 21,66200 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 610034164 DO C Floyd G rant 21,66200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101909 Crisis Intervention 69,40500 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 610034123 Social Services Administration 69,40500 Departm ent Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59250421 RO CI M aterna l 13,17600 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 592534155 Health & Human Services 13,17600 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59200200 Salaries Adu lt Hea lth , 200000 10 59203300 Department Supplies 1,00000 10 59207400 Capital Outlay 3,93800 Total Net Expenditure 6,93800Page1452 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 592034155 Susan G Komen Breast Cancer Foundation 6,93800 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59157400 Capital Outlay Epidemiology 1,02900 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 460032509 Insurance Recovery 1,02900 Department Sheriff FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 1,76700 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 460032509 Insurance Recovery 1,76700 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51001700 Vehicles 3,25200 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 460032509 Insurance Recovery 3,25200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51004405 Dare Program 66106 FUND BUDGET LINE ITEM INCREASE DECREASE CODE REVENUE REQ BUDGET CHANGE 10 510033510 Dare - Revenue 66106 15 Appointments A Beulah Fire Protection District Commission Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board reappointed Bobby Pope to the Beulah Fire Protection District Commission for a two year term to expire February 2003 B Livestock Arena Board Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board reappointed Andrew Denning , David Fields , and James T Johnson to the Livestock Arena Board for two year terms to expire February 2003 C Criminal Justice Partnership Advisory Board Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board appointed Steven Gillikin to the Criminal Justice Partnership Board for a two year term to expire January 2003 D Board of Health Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board appointed Dr Joseph Jan Creech to the Johnston County Board of Health for a three year term to expire February 2004 Page2453 E Banner Fire Protection District Commission Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board reappointed Will T Chandler to a term to expire December 2002 F Town of Clayton Planning Board and Board of Adjustments At the recommendation of the Clayton Town Council , Commissioner Cookie Pope moved the Board make the following ETJ appointments for three year terms Clayton Planning Board - Allen L Mims , and John David Solomon Clayton Board of Adjustments - Larry L Ross Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 16 Clayton Wastewater Capacity Allocation Purchase Agreement Engineer Tim Broome reminded the Board that at their August 7 , 2000 meeting , they approved a request from the Town of Clayton to purchase 250,000 gpd wastewater capacity allocation from the County It was agreed that 75,000 gpd would be allocated with the first expansion of the County’s WWTP , and the remaining allocation of 175,000 gpd would be allocated when the plant’s second phase expansion was completed He requested the Board approve a purchase agreement with Clayton for the first capacity allocation of 75,000 gpd , subject to any minor , non - material administrative changes Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Fred J Smith and carried by unanimous vote , the Board approved the following agreement STATE OF NORTH CAROLINA BULK WASTEWATER INTERLOCAL AGREEMENT JOHNSTON COUNTY This BULK WASTEWATER INTERLOCAL AGREEMENT this “ Agreement ” is entered into this the ____ day of , 2001 , by and between JOHNSTON COUNTY , NORTH CAROLINA , a body corporate and politic and a political subdivision of the State of North Carolina the “ County ” , and the TOWN OF CLAYTON , NORTH CAROLINA , a body corporate and politic and a political subdivision of the State of North Carolina the “ Town ” collectively , the “ Parties ” ; WITNESSETH WHEREAS , the County owns and operates the Central Johnston County Regional Wastewater Treatment Facility the “ Facility ” , which discharges into the Neuse River under NPDES Permit No NC0030716 ; and WHEREAS , the County has obtained an Authorization to Construct an 049 million gallons per day “ mgd ” expansion of the Facility from the Division of Water Quality , North Carolina Department of Environment and Natural Resources ; and WHEREAS , the Town has need for and has requested an additional capacity allocation of 0075 mgd in the expanded Facility ; and WHEREAS , the County has agreed to provide the Town with an additional capacity allocation of 0075 mgd in the expanded Facility , subject to the terms and conditions of this Agreement NOW THEREFORE , in consideration of the foregoing agreement and mutual covenants and benefits contained herein , and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Parties agree and covenant as follows 1 The County shall construct the authorized 049 mgd upgrade and expansion of the Facility on an expeditious schedule 2 The County shall reserve for the exclusive use of the Town a wastewater treatment capacity allocation in the expanded Facility in the amount of 0075 mgd in addition to any wastewater treatment capacity allocated to the Town under any existing contracts , agreements or arrangements , or under general law Said allocation shall be available to the Town for its use following start - up and successful operation of the planned upgrade and expansion of the Facility 3 The County shall transport the 0075 mgd of wastewater referenced in Paragraph 2 of this Agreement from the Town’s utility service area to the Facility by diversion through the County’s Bayer wastewater pump station and 12 force main 4 The County shall allocate an additional 0175 mgd of wastewater treatment capacity in the Facility in addition to the wastewater treatment capacity referenced in Paragraph 2 of this Agreement , subject to the approval of the North Carolina Department of Environment and Natural Resources Division of Water Quality “ DWQ ” , and the County’s receipt from DWQ of Authorization to Construct aPage3454 subsequent planned upgrade and expansion of the Facility The terms of the agreement for the 0175 mgd wastewater treatment capacity allocation referenced in this Paragraph 4 shall be similar or equal to the terms provided for in Paragraphs 2 - 3 of this Agreement , and shall be confirmed only upon execution of an amendment to this Agreement 5 The Town shall reimburse the County for the pro rata cost of the 0075 mgd capacity referenced in Paragraphs 2 - 3 of this Agreement The Town’s pro rata cost shall be calculated based on the following formula Pro rata cost for 0075 mgd capacity Total plant expansion & upgrade cost - 1,500,000 State Grant x 0075 mgd 49 mgd Total plant expansion and upgrade cost shall include construction cost , engineering services cost , permitting cost , administrative cost , and SRF loan closing cost for of the 049 mgd upgrade and expansion of the Facility The Town shall pay the County 50 of the Town’s estimated pro rata cost prior to the County’s awarding a construction contract for the upgrade and expansion of the Facility One - half of the remaining balance of the Town’s pro rata cost shall be paid when the construction project is 75 complete The final payment shall be made when construction is 95 complete 6 The County shall charge the Town a bulk rate for wastewater transmission and treatment under this Agreement equal to the rate the County charges other bulk wastewater users The Town’s wastewater shall be metered through the Bayer force main meter , and the County shall bill the Town on a monthly basis The Town shall pay the County all amounts due under this Paragraph 6 within twenty - five 25 thirty 30 days from receipt of the County’s monthly bill 7 Upon the mutual agreement of the parties , the County may temporarily discharge wastewater into the Town’s wastewater treatment system in connection with a capacity or flow reconciliation For any amount of wastewater discharged by the County into the Town’s wastewater treatment system , the Town shall charge the County the same cost per 1,000 gallons as the County charges the Town pursuant to Paragraph 6 of this Agreement 8 The term of this Agreement shall be thirty 30 years , unless sooner terminated or modified as provided herein This Agreement shall be automatically renewable in unlimited one 1 year increments unless either party requests the Agreement to be terminated upon at least one 1 year’s advance written notice 9 The County’s Board of Commissioners shall review this Agreement and by resolution adopt this Agreement to remain in full force and effect until modified or terminated as herein provided 10 The Town’s Town Council shall review this Agreement and by resolution adopt this Agreement to remain in full force and effect until modified or terminated as herein provided 11 This Agreement reflects the complete understanding of the Parties and constitutes their entire agreement with respect to their respective rights and obligations in connection with the subject matter hereof , superseding all prior negotiations , representations , contracts , agreements , promises , understandings , and statements concerning that subject matter Provided , however , that nothing in this Agreement shall be deemed or construed to limit , expand , alter or otherwise affect any of the Parties ’ existing rights or obligations under any other contract , agreement or arrangement , or under general law 12 This Agreement may be modified only by a written instrument duly executed by both Parties 13 This Agreement shall bind and inure to the benefit of the Parties and their successors and assigns This Agreement and all documents referred to herein shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina 14 All communications and notices hereunder shall be in writing and shall be i delivered by hand , ii sent prepaid by overnight delivery , or iii sent by the United States Mail , certified , postage prepaid , return receipt requested , at the addresses designated below , or to such other addresses as either party hereto may hereafter designate in writing from time to time To the County Johnston County With a copy to ATTN County Manager J Mark Payne 212 Market Street County Attorney Post Office Box 1049 Post Office Box 1049 Smithfield , North Carolina 27577 Smithfield , North Carolina 27577 To the Town With a copy to Town of Clayton Jason J Kaus , Town Attorney ATTN Town Manager Parker , Poe , Adams & Bernstein LLP 231 E Second Street Post Office Box 389 Post Office Box 879 Raleigh , North Carolina 27602 - 0389 Clayton , North Carolina 27520 15 The waiver by either of the Parties of any breach or violation of any terms or provisions of this Agreement by any other party hereto shall not operate as a waiver of any other breach or violation 16 The provisions of this Agreement are hereby deemed by the Parties to be severable , and the invalidity or unenforceability of any one or more of the provisions of this Agreement shall not affect the validity and enforceability of the remaining provisions hereof IN WITNESS WHEREOF , the Parties hereto have executed this Agreement the day and year first above written Page4455 17 Award of Bid - Capital Wastewater Facilities Improvements Projects Tim Broome reviewed with the Board the following bids received January 10 , 2001 for improvements to the Central Johnston County Wastewater Treatment Facilities and the Selma Equalization and Pumping Facility DIVISION 1 - General Construction Contract for Treatment Plant Improvements BIDDERS Base Bid Alt 1 Alt 2 Alt 3 Alt 4 Peters & White Const , Chesapeake , VA 3,186,293 84,000 80,000 100,000 200 EA TA Loving , Goldsboro , NC 3,423,000 90,000 50,000 50,000 50 EA Crowder Construction , Morrisville , NC 3,753,000 102,000 80,000 75,000 50 EA Dellinger , Inc , Monroe , NC 5,056,586 50,641 136,022 126,693 33 EA DIVISION 2 - Electrical Contract for Treatment Plant Improvements BIDDERS Base Bid Alt Bid Watson Electrical Const , Wilson , NC 287,049 000 AAA Electrical Co , Garner , NC 311,500 2,000 Trogdon Electrical Co , Apex , NC 313,598 1,000 Pitt Electric , Inc , Greenville , NC 329,250 3,000 DIVISION 3 - Single Prime Contract for Treatment Plant Improvements BIDDER Base Bid Alt 1 Alt 2 Alt 3 Alt 4 Crowder Const , Moorisville , NC 4,009,000 102,000 80,000 75,000 50 EA DIVISION 4 - General Contract for Selma Facilities BIDDERS Base Bid Dellinger , Inc , Monroe , NC 442,045 Water & Waste Systems Const , Raleigh , NC 511,000 DIVISION 5 - Electrical Contract for Selma Facilities BIDDERS Base Bid Pitt Electric , Inc , Greenville , NC 55,700 No Bid Bond Watson Electrical Const , Wilson , NC 56,477 Trogdon Electrical Co , Apex , NC 64,934 AAA Electrical Co , Garner , NC 68,500 DIVISION 6 - Single Prime Contract for Selma Facilities BIDDERS Base Bid Water & Waste Systems Const , Raleigh , NC 561,000 Crowder Const , Morrisville , NC 750,800 Mr Broome explained that funding for these projects would come from a 1,797,000 Clean Water Bond Grant , Central Wastewater Reserve Fund , Clayton Capacity Purchase , and an anticipated State Revolving Fund SRF Low Interest Loan He recommended the Board award contracts to the following qualified low bidders with a total project budget of 4,718,000 , subject to approval from the Division of Water Quality , and with the understanding that in the unlikely event that the SRF is denied , the shortfall would come from the Wastewater Reserve fund Division I Peters and White Construction Co of Chesapeake , VA - 3,186,293 Division 2 Watson Electrical Const Of Wilson - 287,049 Division 4 Dellinger , Inc , of Monroe , NC - 442,045 Division 5 Watson Electrical of Wilson low bidder disqualified - no bid bond 56,477 Following discussion , Commissioner Cookie Pope moved the Board award contracts for Division l , Division 2 , Division 4 and Division 5 as recommended above , and approve the project budget of 4,718,000 , subject to approval from the NC Department of Environment and Natural Resources , Division of Water Quality , with the understanding that if the anticipated State Revolving Fund Low Interest Loan is not approved , the shortfall for the projects would come from the Wastewater Reserve Fund Page5456 18 Middle Creek Reservoir Study Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board agreed to participate , at a cost of 10,000 , in a cooperative study with Raleigh , Cary , and Wake County to determine the feasibility of a multi - purpose reservoir on Middle Creek , which would expand across both Johnston County and Wake County 19 Tax Releases and Refunds Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved the following tax releases and refunds from December 16 , 2000 to January 19 , 2001 , and accepted the report from Finance Officer , John R Massey , on releases and refunds under 100 that he has approved since January 1 , 2001 Note The following report represents all releases and refunds from 12 16 00 - 12 31 00 and releases and refunds of 100 and over from 1 1 01 to 1 19 01 Motor Vehicles - Release Refund Report - For Period 12 16 2000 thru 12 31 2000 Year Bill # Acct # Name Tran Type Paid Interest 2000 0011 - 764510 0009 - 997388 SHAREK , CLEMENT WILLIAM Release 12834 2000 0011 - 760832 0009 - 993479 RAJAB , MOHAMMAD YOUSEF Release 10220 2000 0011 - 762283 0009 - 990046 ALVAREZ , GIOVANNI FERNA Release 2521 1999 0002 - 666580 9912 - 859476 NORRIS , CANDACE ELAINE Tag Surrender 692 2000 0008 - 730372 0006 - 961849 DEPALANTINO , MELISSA JOY Tag Surrender 5252 2000 0009 - 743996 0007 - 971078 SIMMONS , AMY J Tag Surrender 2940 2000 0011 - 764339 0009 - 996151 PATE , GARY MICHAEL Release 7520 2000 0011 - 764338 0009 - 992224 PATE , GARY MICHAEL Release 6673 1999 0001 - 653853 9911 - 847909 DEANS , ARCHALUES LLEW Release 8630 2000 0011 - 760835 0009 - 001766 RAY , JR , STEPHEN JEROME Release 13004 2000 0011 - 763999 0009 - 996493 HOOKS , BETTY WALDEN Release 4687 2000 0011 - 761078 0009 - 991962 CREECH , RONNIE NELSON Release 233 2000 0011 - 761079 0009 - 999882 CREECH , RONNIE NELSON Release 3338 2000 0011 - 760488 0009 - 999019 BRASWELL , LORIE STEWART Release 15015 1999 0004 - 690977 0002 - 921810 ORIX CREDIT ALLIANCE INC Release 63835 2000 0010 - 750591 0008 - 979318 TONEY , DIANA GOUDIE Rebill 1193 009 2000 0011 - 758431 0009 - 000682 KING , JR , JOHN Rebill 000 000 2000 0011 - 760445 0009 - 993224 ATWELL , CHARLES STEPHEN Release 12176 2000 0011 - 762511 0009 - 994726 CREECH , JR , JAMES Release 2120 2000 0011 - 762309 0009 - 996271 BACHEZ , AROLDO RODRIGU Release 4453 2000 0011 - 764523 0009 - 995713 SIMMONS , PRENTICE B Release 7635 2000 0010 - 746893 0008 - 987137 BERGAMINI , JR , EDWARD B Rebill 14016 105 2000 0011 - 759579 0009 - 999772 ADAMS , BRENDA BLACK Release 12522 2000 0011 - 764282 0009 - 993025 NORRIS , DAVID RICHARD Release 5417 1999 0005 - 693613 0003 - 928693 CLARK , MARK JAY Tag Surrender 091 1999 0005 - 693612 0003 - 925354 CLARK , MARK JAY Tag Surrender 1783 1999 0006 - 703820 0004 - 941000 CLARK , MARK JAY Tag Surrender 2387 2000 0011 - 764502 0009 - 995765 SAWREY , DAVID ROBERT Release 764 2000 0011 - 764501 0009 - 994111 SAWREY , DAVID ROBERT Release 12704 2000 0011 - 758408 0009 - 991153 KATEN , DONNA NOEL Rebill 2846 000 2000 0011 - 762792 0009 - 988251 JOHNSON , LORNE MARTIN Release 14303 2000 0011 - 759936 0009 - 000469 HERITAGE , DIANNE ADAMS Release 13690 2000 0011 - 762983 0009 - 995301 PARMER , RICHARD ALLEN Release 1275 2000 0011 - 763081 0009 - 994052 RAMOS , EZEQUIEL HURTADO Release 1165 2000 0011 - 762477 0009 - 001864 COOK , JEFFREY MICHAEL Rebill 000 000 2000 0011 - 760136 0009 - 990011 NORRIS , CHARLTON SHANE Release 6876 2000 0011 - 759097 0009 - 990330 SASS , ANNETTE CARNELL Release 7462 2000 0011 - 757147 0009 - 989866 ALLEN , THEL EDWARD Release 2399 2000 0011 - 757243 0009 - 989335 BARBOUR , DOLORES JANNE Release 4177 2000 0010 - 752441 0008 - 986700 HARMYCH , GWEN MARIE Rebill 17773 133 2000 0009 - 740952 0007 - 971085 HOWELL , DWIGHT P Rebill 10010 150 2000 0011 - 761904 0009 - 992996 ANDERSON , CHARLES LYNN Release 568 2000 0011 - 761903 0009 - 991438 ANDERSON , CHARLES LYNN Release 1540 1999 0005 - 698998 0003 - 929020 RADFORD , VIOLET SMITH Tag Surrender 1074 2000 0011 - 765537 0009 - 996708 RAY , DANIEL LEE Release 990 1997 9711 - 407122 9708 - 590590 ALLEN , MATTIE WALLACE Release 288 2000 0011 - 762991 0009 - 994016 PARRISH , DONALD Release 7561 Page6457 2000 0011 - 757571 0009 - 999863 CAULDER , III , CHARLES VA Release 16062 2000 0011 - 757572 0009 - 999066 CAULDER , TRACY TRIBBLE Release 24859 2000 0011 - 764758 0009 - 997886 WOOD , ROGER HENDERSON Release 11608 2000 0011 - 764757 0009 - 989494 WOOD , ROGER HENDERSON Release 11432 2000 0012 - 765984 0009 - 989494 WOOD , ROGER HENDERSON Release 9710 2000 0011 - 757098 0009 - 993509 WRIGHT , RICHARD TERRY Release 7110 2000 0010 - 750728 0008 - 979422 BOYKIN , MARK DAVIS Tag Surrender 635 1999 0004 - 682821 0002 - 913348 COATS , JR , CHARLES EMER Tag Surrender 2144 2000 0011 - 760196 0009 - 997529 PRICE , JOHN THOMAS Release 4978 2000 0011 - 762526 0009 - 991207 CROCKER , CORNELIA POW Release 537 2000 0011 - 762514 0009 - 989842 CREECH , LORRAINE WEST Release 865 2000 0011 - 765654 0009 - 995937 LEE , JOHN ELLIS Release 3256 2000 0011 - 761782 0009 - 990165 BAKER , DEBORAH BRYANT Release 3504 2000 0011 - 760814 0009 - 988639 PHILLIPS , CHRISTOPHER T Release 8044 2000 0011 - 759280 0009 - 989127 SWICK , JEFFERY LYNN Release 11193 2000 0011 - 765260 0009 - 997417 WALKER , CHAD JOSEPH Release 874 2000 0011 - 765200 0009 - 988566 ROCHELEAU , BRIAN ROY Release 3934 2000 0011 - 760798 0009 - 995218 OBRIEN , CHARLES GLEN Release 12495 1999 0006 - 703444 0004 - 940113 ARTIS , VERONICA RENA Tag Surrender 460 1999 0003 - 680854 0001 - 899940 HART , PLUMMER CHRISTO Release 5055 1999 0003 - 680855 0001 - 909164 HART , PLUMMER CHRISTO Release 8413 2000 0011 - 763504 0009 - 998556 BROWN , ERVIN LAWRENCE Tag Surrender 13260 2000 0011 - 763504 0009 - 998556 BROWN , ERVIN LAWRENCE Release 17681 1998 9810 - 507853 9808 - 700008 GRIMES