June 14, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 457 June 14 , 1999 The Johnston County Board of Commissioners met in regular session , Monday , June 14 , 1999 , at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None Also Present Rick Hester , Interim County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Comments - There were no public comments 2 Chairman Authorized to Recess Public Hearing The Chairman explained the Board would use a new format for the meeting regular rezoning cases would be heard first with decisions following each case ; rezoning cases involving special use districts would then be heard without interruption , followed by the public hearing for special use permits In order to avoid repeated motions to go in and out of public hearing , Commissioner Allen L Mims , Jr , moved the Board authorize the Chairman to recess the hearing after each regular rezoning case Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 3 Public Hearing - Regular Rezoning Cases Advertised - The Smithfield Herald - June 4 and June 8 , 1999 Certified letters were mailed to adjoining property owners on June 4 , 1999 , and notices were posted at the locations on June 4 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following rezoning cases Case 402 Petition to rezone three parcels totaling approximately 3038 acres located on Mt Pleasant Rd SR 1533 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner and Applicant David R Wells Cal Genereux , Planning Director , indicated the property on the GIS Map and noted this parcel is located on Mt Pleasant Road near the intersection of Jackson - King Road Surrounding zoning is AR R40 , Residential 30 and Resort Residential Property is located within the McGee’s Crossroads Water District Phyllis Hicks , Zoning Enforcement Officer , showed photographs of the property and pointed out several homes in the area Craig Johnson , an adjoining property owner , voiced concern that if this land is developed , excess water would drain onto his property due to the slope of the land Chairman Langdon assured Mr Johnson the new stormwater regulations would address this matter Mr Genereux stated the Planning staff and Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 402 Case 402 Petition to rezone three parcels totaling approximately 3038 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner and Applicant David R Page458 Wells Commissioner Jerry F Wood moved the Board approve rezoning case 402 for David R Wells for three parcels totaling approximately 3038 acres on Mt Pleasant Road SR 1533 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , Jerry F Wood and Thomas M Moore Nays Cookie Pope The Chairman re - opened the public hearing Case 403 Petition to rezone three parcels totaling approximately 11279 acres located on Sanders Road SR 1517 , B H Parrish Road SR 1521 and West Watson Road SR 1518 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner Christine King ; Applicant Son - Lan Development Company Mr Genereux indicated the property on the GIS Map and noted this is an irregular shaped parcel that fronts Sanders Road to the North , West Watson Road to the south and B H Parrish Road to the west A small parcel across West Watson Road is also included in the request The surrounding zoning is AR R40 , R 30 , Interstate Highway District , Mobile Home Park District , R 10 and commercial The property is located within the McGee’s Crossroads Water District Ms Hicks presented photographs showing several houses and mobile homes in the area Sonny Johnson with Son - Lan Development Company asked the Board to approve the rezoning He noted that R - 30 would allow the developers to make better use of the property In response to a question concerning wetlands , Mr Johnson stated there are approximately 15 to 18 acres that are not suitable to be developed which will be set aside for greenways Patrick Kelly , adjoining property owner , opposed the rezoning He voiced concerns about the increase in traffic , impact on the schools , loss of value for his home , and the overall loss of rural character in the community Mr Genereux stated the Planning staff and Planning Board recommended approval In response to a question from Commissioner Allen L Mims , Jr , Mr Genereux noted that a traffic analysis is done in an area when traffic reaches 50 to 60 capacity The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 403 Case 403 Petition to rezone three parcels totaling approximately 11279 acres located on Sanders Road SR 1517 , B H Parrish Road SR 1521 and West Watson Road SR 1518 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner Christine King ; Applicant Son - Lan Development Company Commissioner Thomas M Moore moved the Board approve rezoning case 403 for Christine King for three parcels totaling approximately 11279 acres located on Sanders Road SR 1517 , B H Parrish Road SR 1521 and West Watson Road SR 1518 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , Jerry F Wood and Thomas M Moore Nays Cookie Pope The Chairman re - opened the public hearing Case 404 Petition to rezone two parcels totaling approximately 6739 acres located on White Memorial Church Road SR 1532 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner Town and County Builders ; Applicant Son - Lan Development Company Page459 Mr Genereux indicated the property on the GIS Map and noted this parcel is located on White Memorial Church Road with access onto Honeycutt Road Surrounding zoning is AR R40 , R 30 , resort residential , and commercial Ms Hicks showed photographs of the property and surrounding area Several homes are located in the area Sonny Johnson , developer , stated his firm purchased the property from another developer He asked the Board to approve rezoning to R - 30 since this tract is located in the McGee’s Crossroads Water District He noted that stick built houses from 1150 sq ft to 1400 sq ft are planned which should range from approximately 118,000 to 125,000 in value Terri Barham , who lives on Honeycutt Road in front of the property , voiced concern about the impact this much development would have on the community She voiced concerns about the affect on traffic and schools in the area , concern for the safety of the children playing in the neighborhood , the impact on wells in the area , and the lack of adequate access to the road once the subdivision is completed She asked the Board to find a way to contain growth in Johnston County Elizabeth Lewis , a student at South Johnston High School , spoke of the already crowded situation at her school She also voiced concern for the safety of her younger sister because of the increased traffic Also speaking in opposition to the rezoning were Phillip and Sharon Lewis , Gail Blair and David Farrell Ms Sharon Lewis presented a petition with signatures of persons opposing the rezoning , and at her request , a number of people in the audience stood in opposition Commissioner Thomas M Moore pointed out if the property is left AR R - 40 , the developer can put any type of houses on the property , including single wide mobile homes Commissioner Eleanor N Creech asked the developer to address the concern of adequate access to these parcels Mr Johnson stated there is not enough property on White Memorial Church Road for an access The lots on Honeycutt Road , located in front of both tracts , were designed with dedicated easements to provide access from these properties to Honeycutt Road They were already approved when his company bought the property Commissioner Wade M Stewart commented on the serious growth problems in Johnston County and noted the Board is trying to address this issue , however , the existing County Ordinance does allow R - 30 rezoning when public water is available He urged the developer to listen to the concerns of the people and work diligently to maintain the integrity of the area The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 404 Case 404 Petition to rezone two parcels totaling approximately 6739 acres located on White Memorial Church Road SR 1532 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner Town and Country Builders ; Applicant Son - Lan Development Company Commissioner Allen L Mims , Jr , moved the Board deny rezoning case 404 of 6739 acres in Pleasant Grove Township from AR R - 40 to R - 30 for Town and Country Builders Commissioner Cookie Pope seconded the motion , which failed to carry by the following vote Ayes Cookie Pope , Allen L Mims , Jr , and Eleanor N Creech Nays James H Langdon , Jr , Thomas M Moore , Jerry F Wood and Wade M Stewart Commissioner Thomas M Moore moved the Board approve rezoning case 404 for Town and Country Builders of two parcels totaling approximately 6739 acres located on White Memorial Church Road SR 1532 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Jerry F Wood and Wade M Stewart Nays Cookie Pope , Allen L Mims , Jr , and Eleanor N CreechPage460 The Chairman re - opened the public hearing He announced that Case 405 was withdrawn and the applicant will be submitting a revised request to the Planning Department Case 406 Petition to rezone two parcels totaling approximately 50 acres located on Brogden Road SR 1007 in Boon Hill Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Terry and Kathryn Parker Mr Genereux indicated the property on the GIS Map and noted this parcel is located approximately one - half mile from Smithfield on Brogden Road , and is within the proposed Brogden Water District Construction of this district could begin as soon as the spring of 2000 , subject to its being approved for funding Surrounding zoning is AR R40 , and commercial Ms Hicks showed photographs of several homes and mobile homes in the area Surveyor Linwood Byrd spoke on behalf of the Parkers and requested the Board approve the rezoning He noted a portion of this parcel is unsuitable for development , and with the new Stormwater Ordinance requirements for additional buffers , R - 30 would allow the best use of this property Mr Genereux stated both the Planning staff and Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 406 Case 406 Petition to rezone two parcels totaling approximately 50 acres located on Brogden Road SR 1007 in Boon Hill Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Terry and Kathryn Parker Commissioner Wade M Stewart moved the Board approve rezoning case 406 for Terry and Kathryn Parker for two parcels totaling approximately 50 acres located on Brogden Road SR 1007 in Boon Hill Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , Thomas M Moore and Jerry F Wood Nays Cookie Pope The Chairman re - opened the public hearing Case 407 Petition to rezone two parcels totaling approximately 4962 acres located on Grabtown Road SR 2543 in Boon Hill and Smithfield Townships from Agricultural Residential 40 to Residential 30 Owners and Applicants Terry and Kathryn Parker Mr Genereux pointed out the property on the GIS Map and noted it is located near the intersection of Brogden Road , approximately 500 to 800 feet to the south west of rezoning case 406 There is a small independently owned parcel with an existing home in the middle of this property This parcel is located within the proposed Brogden Water District , and surrounding zoning is AR R40 Ms Hicks introduced photographs showing several buildings , mobile homes and houses in the area Surveyor Linwood Byrd stated that adequate access is available to the parcel in the middle of the property A portion of the land is not suitable for development with the southern end bordered by Marsh Branch He requested the Board approve the rezoning Mr Genereux stated the Planning staff and Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed PagePage pageNumber5461 Decision on Rezoning Case 407 Case 407 Petition to rezone two parcels totaling approximately 4962 acres located on Grabtown Road SR 2543 in Boon Hill and Smithfield Townships from Agricultural Residential 40 to Residential 30 Owners and Applicants Terry and Kathryn Parker Commissioner Wade M Stewart moved the Board approve rezoning case 407 for Terry and Kathryn Parker for two parcels totaling approximately 4962 acres located on Grabtown Road SR 2543 in Boon Hill and Smithfield Townships from Agricultural Residential 40 to Residential 30 Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , Thomas M Moore and Jerry F Wood Nays Cookie Pope The Chairman re - opened the public hearing Case 409 Petition to rezone five parcels totaling approximately 8006 acres located on Raleigh Road SR 1330 in Elevation Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Linwood and Betsy Byrd Mr Genereux directed the Board’s attention to this property on the GIS map and noted it is located near Interstate 40 Surrounding zoning is Interstate Highway District , Industrial and AR R - 40 Access to Raleigh Road would be along a dedicated easement located between existing lots that front the road Ms Hicks showed photographs of several houses and mobile homes in the area Owner Linwood Byrd stated he bought the property for an investment and has no plans to develop it at this time At present there is no water district or other County water in the area , however , it is his belief that at some point in the future , a water main will be constructed on Raleigh Road as a loop line for the County’s water system He requested the Board approve the rezoning to allow him to achieve the best use of his property , especially since a large portion of the land is wet and not suitable for building Commissioner Allen L Mims , Jr asked why Mr Byrd was requesting rezoning now since he does not plan to build on the property until sometime in the future Mr Byrd responded he wanted to protect his investment , and since land regulations and ordinances may make it more difficult in the future , it seemed this was the appropriate time to request the property be rezoned In response to comments from Commissioner Mims about community wells , Mr Byrd noted the County’s ordinance does allow the use of a community water system in R - 30 zoning Commissioner Mims noted he personally does not favor these systems and would like to see a change in the County’s policy Sylvia Horton , who lives on Raleigh Road , spoke for herself and for her parents whose property adjoins this land She opposed the rezoning and voiced concern about the increased traffic and safety of children in the neighborhood She noted Raleigh Road already has South Johnston High School traffic , and traffic from Martin Marietta In her opinion , a development with the number of houses allowed by R - 30 zoning would only increase the problems Kim Wood , who also lives on Raleigh Road , opposed the rezoning stating she and others would like to see what Mr Byrd plans to do with the property She questioned his request for rezoning at this time and stated it appears to be a way to avoid more restrictive regulations of a possible future land use ordinance The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 409PagePage pageNumber6462 Case 409 Petition to rezone five parcels totaling approximately 8006 acres located on Raleigh Road SR 1330 in Elevation Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Linwood and Betsy Byrd Commissioner Wade M Stewart moved the Board approve rezoning case 409 for Linwood and Betsy Byrd for five parcels totaling approximately 8006 acres located on Raleigh Road SR 1330 in Elevation Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , Thomas M Moore and Jerry F Wood Nays Cookie Pope 4 Decision on Rezoning Case 386 - Heard in Public Hearing April 12 , 1999 Case 386 Petition to rezone a 2817 acre parcel located on SR 1528 Page Road in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners James Gerald Hobby and Sally J Hobby , Applicant Son - Lan Development th th Mr Genereux explained this case was tabled on April 12 and again on May 10 until the owner could provide an access road in Johnston County The property line comes close but does not reach Page Road He showed a map of the property and noted additional land has been purchased and an access road is now proposed which would cross briefly into Wake County before looping back into Johnston County and intersecting with Johnston Road , which intersects Page Road Following discussion , Commissioner Allen L Mims , Jr , moved the Board approve rezoning case 386 for James Gerald Hobby and Sally J Hobby for a 2817 acre parcel located on SR 1528 Page Road in Cleveland Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , Thomas M Moore and Jerry F Wood Nays Cookie Pope Ms Pope asked that the record reflect that her reason for voting against these R - 30 rezonings was because of the impact the density of homes would have on area schools and traffic 5 Public Hearing Resumed - Rezoning Cases Requested as Special Use Districts The Chairman reopened the public hearing He explained the following cases are for special use districts and will be heard without interruption Decisions will be rendered following the hearing He cautioned that only discussion on whether a property is suitable for rezoning can be heard in this hearing Any discussion concerning the proposed use would only be allowed at the next hearing for special use permits Case 378 Petition to rezone approximately 542 acres located on Rock Pillar Road SR 1572 in Smithfield Township from Agricultural Residential 40 to Community Business Special Use District Owner Octavus P Barbour , Applicant J Paul Barbour Mr Genereux indicated the property on the GIS map and stated this case began as a zoning violation The surrounding zoning is AR R - 40 , General Business Overlay , R - 10 and light industrial James Barbour , who lives on Rock Pillar Road , stated he has corrected the situation that created the zoning violation Attorney Van Sauls , representing Attorney Gordon Woodruff , whose client is adjacent property owner , Ayden Lee , stated Mr Woodruff was unable to attend the meeting He requested the Board deny the rezoning , however if not denied , he asked that a decision be tabled until Mr Woodruff is able to attend Mr Genereux stated the Planning staff and Planning Board recommended denial Case 395 Petition to rezone approximately 9 acres located on Surles Road SR 1104 in Banner Township from Agricultural Residential 40 to Heavy Industrial I - 2 Special UsePagePage pageNumber7463 District Owner Wilson Earl Blackman Mr Genereux pointed out this property on the GIS map and noted this is a portion of a larger parcel which is located near the extraterritorial jurisdiction of Benson Benson was notified of the proposed rezoning , but has made no response The surrounding zoning is AR R - 40 , special use for a cell tower and light industry Photographs showed several homes in the area J D Hughes of Strickland’s Crossroad Road opposed the rezoning and stated he was speaking on behalf of a large group of neighbors He noted he submitted a petition to the Planning Board with 129 signatures of people opposing this rezoning He offered another petition with an additional 111 signatures , all opposing the rezoning He stated the people he was representing were not against growth , however , they feel this rezoning would hurt the quality of life in the area Those people in attendance who opposed the rezoning were asked to stand Niles Compton also spoke in opposition voicing concern about contamination of wells in the community and damage to the farm land He stated the area was not suitable for industrial development John Ivey , Jr agreed and stated the increase in traffic would affect the safety in the area Mr Genereux stated the Planning staff and Planning Board recommended denial Case 398 Petition to rezone approximately 067 acre parcel located on Cleveland Road SR 1010 and Polenta Road SR 1330 in Cleveland Township from Agricultural Residential 40 to Highway Business Special Use District Owners Danny and Janet Griffin Mr Genereux pointed out the property on the GIS map and noted the surrounding zoning is AR R - 40 , R - 30 and General Business Photographs showed homes in the area Janet Griffin requested the Board rezone the property Mr Genereux stated the Planning staff and Planning Board recommended approval of this rezoning Case 408 Petition to rezone approximately 349 acres located on NC 50 in Elevation Township from Agricultural Residential 40 to Heavy Industrial Special Use District Owner Black Creek Development Company , Inc , Owner and Applicant Rcom , Inc Roger Williams Mr Genereux indicated this property on the GIS map and stated the area to be rezoned is a small road front portion of a larger parcel This request began as a zoning violation The surrounding zoning is AR R - 40 , Special Use Districts , Mobile Home Park District and Industrial Photographs showed various houses and vacant properties in the area Mr Genereux stated the Planning staff and Planning Board recommended approval of the rezoning There being no further comments , the Chairman closed the public hearing 6 Decisions on Rezoning Cases Requesting Special Use Designation Case 378 Petition to rezone approximately 542 acres located on Rock Pillar Road SR 1572 in Smithfield Township from Agricultural Residential 40 to Community Business Special Use District Owner Octavus P Barbour , Applicant J Paul Barbour Commissioner Thomas M Moore moved the Board deny rezoning case 378 for Octavus P Barbour for approximately 542 acres located on Rock Pillar Road SR 1572 in Smithfield Township from Agricultural Residential 40 to Community Business Special Use District Commissioner Jerry F Wood seconded the motion The Board discussed the fact that the conditions have changed significantly since this case wentPagePage pageNumber8464 before the Planning Board and the applicant might wish to withdraw his request and resubmit a revised application J Paul Barbour , applicant , agreed and withdrew his application Commissioner Thomas M Moore withdrew the motion , and Commissioner Jerry F Wood withdrew his second Case 395 Petition to rezone approximately 9 acres located on Surles Road SR 1104 in Banner Township from Agricultural Residential 40 to Heavy Industrial I - 2 Special Use District Owner Wilson Earl Blackman Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board denied rezoning case 395 for Wilson Earl Blackman of approximately 9 acres located on Surles Road SR 1104 in Banner Township from Agricultural Residential 40 to Heavy Industrial I - 2 Special Use District Case 398 Petition to rezone approximately 067 acre parcel located on Cleveland Road SR 1010 and Polenta Road SR 1330 in Cleveland Township from Agricultural Residential 40 to Highway Business Special Use District Owners Danny and Janet Griffin Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jerry F Wood , and carried by unanimous vote , the Board approved rezoning case 398 for Danny and Janet Griffin of approximately 067 acre parcel located on Cleveland Road SR 1010 and Polenta Road SR 1330 in Cleveland Township from Agricultural Residential 40 to Highway Business Special Use District Case 408 Petition to rezone approximately 349 acres located on NC 50 in Elevation Township from Agricultural Residential 40 to Heavy Industrial Special Use District Owner Black Creek Development Company , Inc , Owner and Applicant Rcom , Inc Roger Williams Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved rezoning case 408 for Black Creek Development Company , Inc of approximately 349 acres located on NC 50 in Elevation Township from Agricultural Residential 40 to Heavy Industrial Special Use District 7 Public Hearing - Special Use Permit Request Advertised - The Smithfield Herald - June 4 and June 8 , 1999 Certified letters were mailed to adjoining property owners on June 4 , 1999 , and notices were posted at the locations on June 4 , 1999 The Chairman opened the public hearing and noted this is a quasi - judicial hearing at which persons wishing to speak should give factual testimony as opposed to opinions concerning these petitions for special use permits Persons wishing to give testimony were sworn in by the Clerk Case 398 Special Use Permit application for a tea room and gift shop on approximately 067 acre parcel on Cleveland Road and Polenta Road in Cleveland Township Owners Danny and Janet Griffin Mr Genereux explained this petition is for a tea room and gift shop He reviewed with the Board a site plan for this case and noted the Planning Board recommended approval with conditions Janet Griffin explained she does not plan to have a large gift shop and will not need much space for parking Case 408 Special Use Permit application for construction of workshop , mini - storage border and equipment storage on approximately 349 acres on NC 50 in Elevation Township Owner Black Creek Development Company , Inc Applicant Rcom , Inc , Roger Williams Mr Genereux explained this request is for a workshop , mini - storage border and equipment storage and presented a site plan for the Board’s review He noted the staff recommended two conditions , whichPagePage pageNumber9465 were not included in the Planning Board’s motion for approval He suggested this was an oversight and recommended the Board consider these conditions There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning case 398 and case 408 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicants on these cases Response Yes Sir 2 Did the applicants meet the requirements at that time by providing sketch plans illustrating the location , size and major design elements of the development of the sites Response Yes Sir 3 Did your department prepare an analysis of the applications including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes , we did 4 Did the Planning Board advertise and hold a hearing open to the public Response Yes , Sir 5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 6 What is the recommendation of the Planning Board Response The Planning Board recommended approval of Case 398 and Case 408 Chairman Are conditions attached to these cases Response Yes Sir Case 398 1 No driveway entrances allowed onto SR 1010 2 The parking lot needs to be shifted in order to allow sufficient buffer along Polenta Road Case 408 1 Submit site plan to the Planning Office no later than 5 20 99 Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Board’s recommendation Response Mr Genereux read the following evidence of support found by the Planning Board on Cases 398 and 408 Case 398 1 The use is not obtrusive in nature 2 The use will provide a unique and beneficial community oriented service 3 The use will promote a community atmosphere in the neighborhood Case 408 1 The property is located on an arterial highway 2 The service provided is needed in the County 7 Did you notify the applicants in writing of the Planning Board’s recommendations Response Yes Sir 8 Are the applicants aware that if the Commissioners deny the request that no application can be accepted for the same or a similar use affecting the same property for a period of twelve 12 months Response Yes Sir 9 Are the applicants aware that the right of appeal to the Board of Adjustment must be exercised within thirty 30 days of this date Response Yes Sir 10 Are the applicants aware that the permit will expire at the end of twelve 12 months if they have not used as permitted within that time period Response Yes There being no further comments , the Chairman closed the public hearing 8 Decisions On Special Use Permit Requests Case 398 Special Use Permit application for a tea room and gift shop on approximately 067 acre parcel on Cleveland road and Polenta Road in Cleveland Township Owners Danny and Janet Griffin Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Danny and Janet Griffin for a tea room and gift shop on approximately 067 acre parcel located on Cleveland Road SR 1010 and Polenta Road SR 1330 in Cleveland Township , based on the following findings of fact and with the conditions that there be no driveway access onto SR 1010 , and the parking lot is shifted in order to allow sufficient buffer along Polenta Road Findings of Fact 1 The use is not obtrusive in nature 2 The use will provide a unique and beneficial community oriented service 3 The use will promote a community atmosphere in the neighborhood Case 408 Special Use Permit application for construction of workshop , mini - storage border andPage0466 equipment storage on approximately 349 acres on NC 50 in Elevation Township Owner Black Creek Development Company , Inc Applicant Rcom , Inc , Roger Williams Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Black Creek Development Company , Inc for construction of a workshop , mini - storage border and equipment storage based on the following findings of fact and with the condition that one point of access to NC 50 be approved by DOT and the County , and a 30 buffer be erected on all four sides of the property Findings of fact 1 The property is located on an arterial highway 2 The service provided is needed in the county 9 Final Resolutions for GO Bonds - Clayton , Cleveland , and Wilson’s Mills Water Districts Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board recessed regular session to sit simultaneously as the Clayton Water District Board , the Cleveland Water District Board and the Wilson’s Mills Water District Board A ACTING AS THE CLEVELAND WATER DISTRICT BOARD The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF 3,725,000 GENERAL OBLIGATION WATER BONDS OF THE CLEVELAND 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 Cleveland Water District of Johnston County the “ District ” on August 5 , 1996 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on October 1 , 1996 ; and WHEREAS , the Board desires to provide for the issuance of 3,725,000 in general obligation water bonds to refund a like amount of anticipation notes 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 Cleveland Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on June 14 , 1999 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE CLEVELAND WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA 1 The District shall issue its general obligation water bonds in an aggregate principal amount of 3,725,000 pursuant to and in accordance with the Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF CLEVELAND 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 DISTRICTPage1467 2 The Bonds will be designated “ Water Bonds ” and shall be dated June 1 , 1999 The Bonds shall mature in annual installments on June 1 in years and amounts as follows Year Amount Year Amount Year Amount 2002 40,000 2015 73,000 2028 125,000 2003 41,500 2016 77,000 2029 125,000 2004 43,500 2017 81,000 2030 130,000 2005 45,500 2018 85,000 2031 132,000 2006 48,000 2019 89,000 2032 139,000 2007 50,500 2020 93,000 2033 146,000 2008 53,000 2021 98,000 2034 153,000 2009 55,500 2022 102,000 2035 160,000 2010 58,500 2023 107,000 2036 160,000 2011 61,500 2024 111,000 2037 160,000 2012 64,500 2025 117,000 2038 160,000 2013 66,000 2026 120,000 2039 160,000 2014 70,000 2027 124,000 The Bonds shall bear interest at a rate of Five percent 500 payable on June 1 , 2000 , 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 Notice of redemption shall be given by first class mail , postage prepaid , to the registered owner of the Bonds Such notice shall be mailed not more than 60 nor less than 30 days prior to the date fixed for redemption 4 The Bonds shall be signed by the manual or facsimile signature of the Chairman , shall be countersigned by the manual or facsimile signature of the Clerk and the manual or facsimile District seal shall be printed or affixed thereon No bond shall be valid until it has been endorsed by the manual or facsimile signature of the authorized representative of the North Carolina Local Government Commission the “ LGC ” 5 The Bonds shall be in substantially the following form , the terms and requirements of which are incorporated herein by reference REGISTERED REGISTERED No R - ___ 3,725,000 UNITED STATES OF AMERICA STATE OF NORTH CAROLINA JOHNSTON COUNTY , NORTH CAROLINA ACTING AS THE GOVERNING BODY OF THE CLEVELAND WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA Water Bond The Cleveland 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 Twenty - Five Thousand Dollars 3,725,000 on the first day of June in installments as follows Year Amount Year Amount Year Amount 2002 40,000 2015 73,000 2028 125,000 2003 41,500 2016 77,000 2029 125,000Page2468 Year Amount Year Amount Year Amount 2004 43,500 2017 81,000 2030 130,000 2005 45,500 2018 85,000 2031 132,000 2006 48,000 2019 89,000 2032 139,000 2007 50,500 2020 93,000 2033 146,000 2008 53,000 2021 98,000 2034 153,000 2009 55,500 2022 102,000 2035 160,000 2010 58,500 2023 107,000 2036 160,000 2011 61,500 2024 111,000 2037 160,000 2012 64,500 2025 117,000 2038 160,000 2013 66,000 2026 120,000 2039 160,000 2014 70,000 2027 124,000 in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America , and to pay interest on the balance of said principal sum from time to time remaining unpaid , in like coin or currency , from the date hereof at the rate of five percent 500 per annum , while held by the original payee , on June 1 , 2000 , and thereafter on June 1 of each year provided if this bond is not owned by the United States of America , interest will 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 August 5 , 1996 , 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 October 1 , 1996 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 such assignee shall take this bond subject to such condition So long as this bond is held or insured by the United States of America a the principal installments hereof may be prepaid in whole or in part at any time in inverse order of maturity and b this bond will not be defeased without the written consent of the United States of America When not so held or insured , 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 June 1 , 1999 CLEVELAND WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA By _______________________________________ SEAL Chairman ATTEST ________________________________ Clerk to the Board of Commissioners Date Authenticated _________________________Page3469 ASSIGNMENT FOR VALUE RECEIVED the Payee named in the within bond hereby sell s , assign s and transfer s said bond unto __________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Please print or type name and address , including postal zip code , of Transferee PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE ________________________________________ Date ___________________________________ The issue hereof has been approved under the provisions of The Local Government Bond Act of North Carolina BY ______________________________________ 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 June 28 , 1999 9 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Bonds are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the Bonds to be “ arbitrage bonds ” within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended the “ Code ” , or otherwise cause interest on the Bonds to be includable in the gross income of the holders thereof 10 The Board hereby covenants that it will not permit the gross proceeds of the Bonds to be used in any manner that would result in either a 5 or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a governmental unit as provided in Section 141 b of the Code , b 5 of such proceeds being used with respect to any “ output facility ” other than a facility for the furnishing of water , 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 1999 , 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 1999 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 1999 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 1999 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 1999 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 ofPage4470 the Bonds that compliance with any restriction set forth in b or c above is not required for the Bonds to be qualified tax - exempt obligations , the Board need not comply with such restriction 12 The Board hereby represents and covenants as follows a The District and all its “ subordinate entities ” within the meaning of Section 148 f 4 iii of the Code have not issued more than 5,000,000 of tax - exempt obligations in 1999 not including private activity bonds , including the Bonds ; b Barring circumstances unforeseen as of the date of delivery of the Bonds , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 1999 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 1999 not including private activity bonds , including the Bonds ; c The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 1999 in an aggregate amount that will exceed such 5,000,000 limit ; d At least 95 of the proceeds of the Bonds shall be used for “ local government activities ” of the District within the meaning of Section 148 f 4 iii of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the Bonds that 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 Bonds , the Board need not comply with such restriction 13 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Bonds prepared and , when they shall have been duly renewed by the LGC , to execute the Bonds and to deliver the Bonds to the State Treasurer of North Carolina for delivery to the United States of America 14 All other actions of officers of the District in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and confirmed 15 Such officers of the District as may be requested are hereby authorized and directed to execute appropriate closing papers including a certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto , applicable to “ arbitrage bonds ” Such papers and certificates shall be in such form as may be requested by bond counsel for the District 16 This resolution , in particular Sections 5 and 7 hereof , constitutes a system of registration for the Bonds pursuant to NCGS § 159E - 4 17 All resolutions or parts of resolutions in conflict herewith are hereby repealed 18 This resolution shall take effect immediately Commissioner Cookie Pope moved the passage of the foregoing resolution and Commissioner Wade Stewart seconded the motion , and the resolution was passed by the following vote Ayes James H Langdon , Jr , Cookie Pope , Jerry F Wood , Eleanor N Creech , Thomas M Moore , Allen L Mims , and Wade M Stewart Nays None Not Voting None B ACTING AS THE CLAYTON WATER DISTRICT BOARD The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF 3,560,000 GENERAL OBLIGATION WATER BONDS OF THE CLAYTON 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 Clayton Water District of Johnston County the “ District ” on July 1 , 1996 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on August 27 , 1996 ; and WHEREAS , the Board desires to provide for the issuance of 3,560,000 in general obligation water bonds to refund a like amount of anticipation notes 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 Clayton Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on June 14 , 1999 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE CLAYTON WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA 1 The District shall issue its general obligation water bonds in an aggregate principal amount of 3,560,000 pursuant to and in accordance with the Bond Order entitled Page5471 BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF CLAYTON WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,200,000 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 June 1 , 1999 The Bonds shall mature in annual installments on June 1 in years and amounts as follows Year Amount Year Amount Year Amount 2002 36,500 2015 68,500 2028 127,500 2003 38,000 2016 71,500 2029 134,000 2004 40,000 2017 75,000 2030 141,000 2005 42,000 2018 78,500 2031 146,000 2006 44,000 2019 82,500 2032 146,000 2007 45,500 2020 86,500 2033 146,000 2008 48,500 2021 91,000 2034 146,000 2009 51,000 2022 95,500 2035 146,000 2010 53,500 2023 100,000 2036 146,000 2011 56,000 2024 105,000 2037 146,000 2012 59,000 2025 110,500 2038 146,000 2013 62,000 2026 116,000 2039 146,000 2014 65,000 2027 122,000 The Bonds shall bear interest at a rate of five percent 500 payable on June 1 , 2000 , 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 Notice of redemption shall be given by first class mail , postage prepaid , to the registered owner of the Bonds Such notice shall be mailed not more than 60 nor less than 30 days prior to the date fixed for redemption 4 The Bonds shall be signed by the manual or facsimile signature of the Chairman , shall be countersigned by the manual or facsimile signature of the Clerk and the manual or facsimile District seal shall be printed or affixed thereon No bond shall be valid until it has been endorsed by the manual or facsimile signature of the authorized representative of the North Carolina Local Government Commission the “ LGC ” 5 The Bonds shall be in substantially the following form , the terms and requirements of which are incorporated herein by reference REGISTERED REGISTERED No R - ___ 3,560,000 UNITED STATES OF AMERICA STATE OF NORTH CAROLINA JOHNSTON COUNTY , NORTH CAROLINA ACTING AS THE GOVERNING BODY OF THE CLAYTON WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA Water Bond The Clayton 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 Five Hundred Sixty Thousand Dollars 3,560,000 on the first day of June in installments as follows Year Amount Year Amount Year Amount 2002 36,500 2015 68,500 2028 127,500Page6472 Year Amount Year Amount Year Amount 2003 38,000 2016 71,500 2029 134,000 2004 40,000 2017 75,000 2030 141,000 2005 42,000 2018 78,500 2031 146,000 2006 44,000 2019 82,500 2032 146,000 2007 45,500 2020 86,500 2033 146,000 2008 48,500 2021 91,000 2034 146,000 2009 51,000 2022 95,500 2035 146,000 2010 53,500 2023 100,000 2036 146,000 2011 56,000 2024 105,000 2037 146,000 2012 59,000 2025 110,500 2038 146,000 2013 62,000 2026 116,000 2039 146,000 2014 65,000 2027 122,000 in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America , and to pay interest on the balance of said principal sum from time to time remaining unpaid , in like coin or currency , from the date hereof at the rate of five percent 500 per annum , while held by the original payee , on June 1 , 2000 , 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 July 1 , 1996 , 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 27 , 1996 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 such assignee shall take this bond subject to such condition So long as this bond is held or insured by the United States of America a the principal installments hereof may be prepaid in whole or in part at any time in inverse order of maturity and b this bond will not be defeased without the written consent of the United States of America When not so held or insured , 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 Consti