July 1, 1996 - 10:00 AM - County Board of Commissioners Meeting Minutes

July 1, 1996The Johnston County Board of Commissioners met in regular session Monday, July 1, 1996, at10 oclock am in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, NorthCarolina, with the following membersPresent Norman C Denning, Chairman, Dr John M Booker, Vice Chairman, James W Cash, JerryF Wood, DDS, Cecil M Massengill, Eleanor N Creech and Cookie PopeAbsent NoneAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of the June 3, 11,12,17, 1996board meetingsThere being no corrections, the Chairman declared the minutes approved as presented2 Resolution of AppreciationCommissioner Eleanor N Creech moved the Board formally recognize with appreciation allmembers of the 250th Birthday Committees and the many other volunteers who worked to make theCountys week -end celebration such a huge success Commissioner Jerry F Wood seconded the motion,which carried by unanimous vote3 Department of Transportation Additions to SystemThe Board reviewed petitions presented by the North Carolina Department of Transportationrequesting the following roads be added to the State Secondary System for maintenanceIrvan Street in Albany Acres Subdivision - Sections 1 and 2, Clayton Township;Sandelbrook Drive in Sandelbrook Subdivision, Section 3, Clayton Township;Happy Trails Drive, in Happy Trails Subdivision, Sections II -IV, Pleasant Grove TownshipFollowing review, Commissioner James W Cash moved the Board concur with the NCDepartment of Transportations request to add the roads listed above to the State Maintained SystemCommissioner Jerry F Wood seconded the motion, which carried by unanimous vote4 Department of Transportation Request for Abandonment Portion of SR 1510Sonny Johnson of 341 Sonny Road, Clayton, presented a petition requesting the abandonment ofa portion approximately 2050 feet of SR 1510, Sonny Road in Clayton Township Mr Johnson alsopresented signed letters from all other land owners along the road, supporting abandonment ofthis portionof the dirt roadFollowing discussion, Commissioner Jerry F Wood moved the Board forward the petition andattached letters to the North Carolina Department of Transportation with no recommendationCommissioner Cecil M Massengill seconded the motion, which carried by unanimous vote5 Public Hearing Rezoning CasesAdvertised June 18, 25, 1996 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on June 21,1996,and notices were posted at the locations on June 20, 1996The Clerk swore in those people who wished to speak concerning Cases # 166, and 162Case #166 Petition to rezone approximately 06 acre on SR 1532 White Memorial Churchroad in Pleasant Grove Township from ARR -40 to Hwy Business Special UseDistrict Owner Graham Langdon; Applicant Tim Bunn359Cal Genereux, Planner, pointed out the property on a map and indicated the surrounding zoningHe explained Mr Bunn wishes to use the existing building for storage and to work on equipment Therewas no opposition at the Planning Board meeting and the Planning Board recommended approvalCase #167 Petition to rezone approximately 4856 acres on SR 1912 Uzzles Pond Roadin Wilsons Mills Township from ARR -40 to R -10 WSPD Owners LeslieEvans and Richard MooreMr Genereux pointed out the property on a map and stated the owners wish the tract rezoned toR -10 Watershed Protection District because of water and sewer availability He explained that becausethe property is in the watershed protection district, lot sizes can be no smaller than 20,000 sq ft ThePlanning Board recommended approvalMs Elizabeth Barnes, adjacent property owner, requested a privacy fence or buffer be erectedalong her property line to protect her familys privacy when this property is developedMr Genereux explained the County does not require a buffer unless there are two different typesof zoning Both of these properties would be residential and any agreement would have to be between theproperty ownersJoseph Wilder, speaking on behalf of the Barnes family, asked if the owners would identify thedeveloper so that some type of agreement can be worked outDean Brown, owner of the adjacent property, and petitioner for rezoning Case 168, stated he andhis partner, Mr Glen Futrell, plan to purchase this property if rezoned If their plans work out, he agreedto speak with the Barnes Family about some type of buffer, possibly treesCase #168 Petition to rezone approximately 222 acres on SR 1912 Uzzles Pond Rd inWilsons Mills township from ARR -40 to R -10 WSPDOwners Brown- FutrellPartnershipMr Genereux pointed out the property on a map and noted it is adjacent to property in case #167 This property is also in the Watershed Protection District and would be limited to 20,000 sq ft lotsThere was no opposition at the Planning Board meeting, and the Planning Board recommended approvalDean Brown stated he and Mr Futrell plan to subdivide the land into two lots per acre Hepointed out the initial phase, which would be located on the opposite side ofthe property from Ms Barnes,would be between 350 and 400 homesCase #169 Petition to rezone approximately 1573 acres on SR 1332 Reedy Creek Rd inElevation Township from ARR -40 to R 30 Owners Barney Lynda ParrishMr Genereux pointed out the tract on a map and noted the owners already have a smallsubdivision on the property Water is available and the Planning Board recommended approvalCase #170 Petition to rezone approximately 738 acres on SR 1628 in Cleveland Townshipfrom ARR -40 to Heavy Industrial Owner Doris CarrollMr Genereux directed the Boards attention to this property which is in the Interstate DistrictOverlay He noted there was no opposition at the Planning Board, and approval was recommendedCASE #162 This case was initially presented at the June 3, 1996 meeting and sent back tothe Planning Board for consideration as a special use district Planning Board has nowrecommended approval of rezoning to General Business Special Use DistrictCase #162 Petition to rezone approximately 1 acre on SR 1537 Penwood Road in PleasantGrove Township from ARR -40 to General Business Special Use DistrictOwners and Applicants Wayne and Cherry JohnsonMr Genereux explained the Planning Board reconsidered case # 162 at their last meeting andapproved rezoning to General Business Special Use District for a mini - storage facility with office spacein the same facility They recommended denial of the request for a car lot on the property360Cherry Johnson stated she and her husband are satisfied with the recommendation ofthe PlanningBoard They wish to build a mini - storage facility on the property and use a portion ofthe facility for officespace The entire building would be 25x 120 and would have a combination of different size storageunits with one end left for an office areaThere being no further comments, the Chairman closed the public hearing6 Decisions on Rezoning CasesCase #166 Petition to rezone approximately 06 acre on SR 1532 White Memorial ChurchRd in Pleasant Grove Township from ARR -40 to Hwy Business Special UseDistrict Owner Graham LangdonUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case # 166 for Graham Langdon of 06 acreon SR 1593 in Pleasant Grove Township from ARR -40 to Highway Business Special Use DistrictCase #167 Petition to rezone approximately 4856 acres on SR 1912 Uzzles Pond Roadin Wilsons Mills Township from ARR -40 to R -10 WSPD Owners LeslieEvans and Richard MooreUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case 167 for Leslie Evans andRichard Moore of 4856 acres on SR 1912 in Wilsons Mills Township from ARR -40 to R -10 WSPDCase #168 Petition to rezone approximately 222 acres on SR 1912 Uzzles Pone Road inWilsons Mills township from ARR -40 to R -10 WSPD Owners Brown- FutrellPartnershipUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case 4168 for Brown- FutrellPartnership of 222 acres on SR 1912 in Wilsons Mills Township from ARR -40 to R -10 WSPDCase #169 Petition to rezone approximately 1573 acres on SR 1332 Reedy Creek Road inElevation Township from ARR -40 to Residential 30 Owners Barney LyndaParrishUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved rezoning case # 169 for Barney Lynda Parrish of1573 acres on SR 1332 in Elevation Township from ARR -40 to Residential 30Case #170 Petition to rezone approximately 738 acres on SR 1628 in Cleveland Townshipfrom ARR -40 to Heavy Industrial Owner Doris CarrollUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case # 170 for Doris Carroll of 738 acreson SR 1628 in Cleveland Township from ARR -40 to Heavy IndustrialCase #162 Petition to rezone approximately 1 acre on SR 1537 in Pleasant Grove Townshipfrom ARR -40 to General Business Special Use District Owners and ApplicantsWayne and Cherry JohnsonUpon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case # 162 for Wayne and CherryJohnson of 1 acre on SR 1537 in Pleasant Grove Township from ARR -40 to General Business SpecialUse District, as recommended by the Planning Board7 Public Hearing Special Use DistrictAdvertised June 18, 25, 1996 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on June 21,1996, and noticeswere posted at the locations on June 20, 1996361The Chairman opened the public hearing and invited anyone who wished to address the Board onthe following requests for special use permitsCase #166 Petition for a special use permit for a nursery lawn care business onapproximately 06 acres located on SR 1532 White Memorial Church Road inPleasant Grove Township Graham LangdonCase #162 Petition for a special use permit to operate a storage facility, office and used carlot on approximately 10 acre on SR 1537 in Pleasant Grove TownshipPetitioner Wayne Cherry JohnsonChairman Denning addressed the following questions to Cal Genereux, County Planner,concerning Cases # 166 and # 1621 Mr Genereux, was a pre - application conference held by the Planning Department with theapplicants Response Yes, Sir2 Did the applicants meet the requirements at that time by providing a sketch plan illustratingthe location, size and major design elements ofthe development of the sites Response Yes,Sir3 Did your department prepare an analysis of the applications including conformity withzoning, subdivision, soil erosion and sedimentation, and health regulations Response Yeswe did4 Did the Planning Board advertise and hold hearings open to the public Response Yes, Sir5 Was written certification sent to the adjacent property owners in a timely fashion ResponseYes it was6 What is the recommendation of the Planning Board Response The Planning Boardrecommends approval of application for special use permit for case # 166, and approval ofa storage facility with office space in the facility for Case 4162 The Planning Boardrecommended denial of the request for a used car lot for Case # 162Chairman Are there any conditions attached Response No SirChairman Mr Genereux, please read to this Board the summary of the evidencesupporting the Planning Boards recommendation Response Mr Genereux read thefollowing evidence of support found by the Planning BoardCASE #1661 This use will promote the public health, safety and general welfare in that it willoffer a service otherwise not available in that area2 If developed as approved, the use will not devalue adjoining property3 The use is in general compliance with goal 57 of the Land Use PlanCASE #1621 This use will promote the public health, safety and general welfare in that it willoffer a service otherwise not available in that area2 If developed as approved, the use will not devalue adjoining property3 The use is in general compliance with goal 57 of the Land Use Plan7 Did you notify the applicants in writing of the Planning Boards recommendationResponse Yes, Sir8 Are the applicants aware that if the Commissioners deny the request that no applicationcan be accepted for the same or a similar use affecting the same property for a period oftwelve 12 months Response Yes, Sir9 Are the applicants aware that the right of appeal to the Board of Adjustment must beexercised within thirty 30 days of this date Response Yes, Sir10 Are the applicants aware that the permits will expire at the end of twelve 12 months ifit is not used as permitted within that time period Response Yes, SirThere being no further comments, the Chairman closed the public hearing8 Decisions on Special Use PermitsCase #166 Petition for a special use permit for a nursery lawn care business on approximately06 acres located on SR 1532 White Memorial Church Road in Pleasant GroveTownship Graham Langdon362Upon a motion by Commissioner Cecil M Massengill, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board authorized the County Planning Department to issue a specialuse permitto Graham Langdon for a nursery lawn care business on SR 1532 in Pleasant Grove Township,based on the following findings of fact1 This use will promote the public health, safety and general welfare in that it will offer aservice otherwise not available in that areaIf developed as approved, the use will not devalue adjoining propertyThe use is in general compliance with goal 57 of the Land Use PlanCase #162 Petition for a special use permit to operate a storage facility, office and used car loton approximately 10 acre on SR 1537 in Pleasant Grove Township PetitionerWayne Cherry JohnsonBased on the Planning Boards recommendations and the following findings of fact,Commissioner Cecil M Massengill moved the Board authorize the County Planning Department to issuea special use permit to Wayne and Cherry Johnson for a mini - storage facility with office space in thefacility on approximately one acre on SR 1537 in Pleasant Grove Township Commissioner Eleanor NCreech seconded the motion, which carried by unanimous vote1 This use will promote the public health, safety and general welfare in that it will offer aservice otherwise not available in that areaIf developed as approved, the use will not devalue adjoining propertyThe use is in general compliance with goal 57 of the Land Use Plan9 Resolution Final Approval Installment FinancingThe following resolution was introduced and its title was readRESOLUTION CONCERNING FINAL APPROVAL OF INSTALLMENTFINANCING AND AUTHORIZING THE EXECUTION AND DELIVERYOF DOCUMENTS IN CONNECTION THEREWITHWHEREAS, the Board of Commissioners the Board of Johnston County, North Carolina theCounty has previously resolved to undertake the acquisition, construction, renovation, installation andequipping of I an office building for employees of the County engaged in various judicial and lawenforcement activities the Judicial Annex , ii a County Health Department building the HealthDepartment Project , iii a building to house the emergency room at Johnston Memorial Hospital theHospital Emergency Room Project and iv two elementary schools the School Projects collectively, the Projects ; andWHEREAS, the Projects are to be financed by the County through an installment financingagreement the Agreement with the Johnston County Finance Corporation, a North Carolina nonprofitcorporation the Corporation , in an amount not to exceed 28,000,000, pursuant to Section 160A -20of the North Carolina General Statutes; andWHEREAS, the obligations of the County under the Agreement will be secured by a deed of truston the Projects; andWHEREAS, the Corporation has proposed to execute and deliver certificates of participation theCertificates representing proportionate and undivided interests in the right to receive certain revenuesunder the Agreement pursuant to the terms of an Indenture of Trust between the Corporation and First -Citizens Bank Trust Company the Trustee , dated as of July 1, 1996 the Indenture ; andWHEREAS, the Certificates are expected to be sold to the public by J C Bradford Co and Wheat,First Securities, Inc the Underwriters pursuant to a Contract of Purchase between the Underwritersand the Corporation the Contract of Purchase ; andWHEREAS, there have been presented to the Board substantially final forms of the followingdocuments which the Corporation, the Underwriters and the County propose to use in connection with theAgreement, the Certificates and the financing of the ProjectsI a draft dated June 25, 1996, of the form of Installment Financing Agreement between theCorporation and the County dated as of July 1, 1996 the Agreement ;ii a draft dated June 25, 1996, of the form of Deed of Trust and Security Agreement datedas of July 1, 1996, to be executed by the County in favor of the Corporation as securityfor the obligations under the Agreement together with all other documents required bythe Underwriters as security for the Agreement, the Security Documents ;iii a draft dated June 25, 1996, of the form of Indenture;363iv a draft dated June 25, 1996, of the Letter of Representation of the County that is ExhibitA to the Contract of Purchase the Letter of Representation ;v a draft dated June 25, 1996, of the Preliminary Official Statement relating to theCertificates, which contains certain information about the County and the Projects theOfficial Statement ;vi a draft dated June 25, 1996, of a Lease the Lease between the Johnston County Boardof Education the Board of Education and the County, providing for the Board ofEducation to lease the School Projects from the County; andWHEREAS, the County duly conducted public hearings on February 5, 1996 and April 1, 1996,respectively, regarding the Agreement and, by resolutions duly adopted February 5, 1996 and April 1,1996, respectively, the installment financing of the Projects was approved subject to further action by theBoard; andWHEREAS, the Board desires to approve the Agreement and the sale of the Certificates and toauthorize other actions in connection therewith; andWHEREAS, the North Carolina Local Government Commission approved the Countys applicationfor approval of the Agreement on June 4, 1996NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OFJOHNSTON COUNTY, NORTH CAROLINA1 The financing of the Projects pursuant to the Agreement and in accordance with the terms andconditions of the Indenture and the Preliminary Official Statement is hereby approved2 The Chairman or Vice Chairman of the Board or the County Manager are hereby authorizedand directed to execute and deliver the Agreement, the Security Documents, the Letter of Representation,the Official Statement and the Lease, which shall be in substantially the forms previously submitted,which are hereby approved, with such completions, omissions, insertions, and changes as may beapproved by the Chairman or Vice Chairman or the County Manager, including such changes as may berequired by the North Carolina Local Government Commission, their execution to constitute conclusiveevidence of their approval of any such completions, omissions, insertions and changes The Clerk of theBoard shall attest and seal such documents as require the Clerks attestation and the County seal3 The Board hereby approves the execution and delivery by the Corporation of the Indentureand the Certificates and any other documents or certificates that may be required in connection with theexecution and delivery of the Certificates4 The Chairman, Vice Chairman, County Manager, County Finance Officer, County Attorneyand Clerk of the Board are hereby authorized to take any and all such further action and to execute anddeliver such other documents as may be necessary or advisable to carry out the intent of this Resolutionand to effect the installment financing pursuant to the Agreement, including, without limitation, procuringa municipal bond insurance policy and entering into rebate compliance agreements Without limiting thegenerality of the foregoing, the Chairman, Vice Chairman or County Manager are authorized to approveall details ofthe financing, including without limitation, the amount advanced under the Agreement whichshall not exceed 28,000,000, the annual payments under the Agreement, the interest rates with respectto such payments which shall not exceed a true interest cost of 7 per annum, the term ofthe Agreementwhich shall not extend past September 1, 2007, and the discount below the principal amount of theCertificates at which the Certificates are sold to the Underwriters which shall not exceed 5 Executionof the Agreement by the Chairman, Vice Chairman or County Manager, as the case may be, shallconclusively evidence approval of all such details of the financing5 To the extent permitted by law, the County Manager, or such other officer or employee of theCounty as may be responsible from time to time for the preparation of the Countys annual budget, ishereby authorized and directed to carry out the obligations imposed by the Agreement on such officer oremployee6 The Board hereby approves and consents to the use of the Preliminary Official Statement andthe final Official Statement, in substantially the form of the Preliminary Official Statement, with suchchanges as are necessary to reflect the maturities and interest rates of the Certificates and otherinformation required by Rule 15c2 -12 of the Securities and Exchange Commission, and the Chairman,Vice Chairman or the County Manager is hereby authorized to execute the Official Statement insubstantially such form, with such completions, omissions, insertions, and changes as may be approvedby them, their execution to constitute conclusive evidence of approval of any such completions, omissions,insertions and changes7 All other actions of the officers of the County which are in conformity with the purposes orintent of this Resolution and in furtherance of the execution and delivery of the Agreement, including theexecution of the Security Documents, the Letter of Representation, the Official Statement and the LeaseAgreement, are hereby ratified, approved and confirmed The representations of the County made in theAgreement and the Security Documents and the Letter of Representation are hereby confirmed8 All resolutions or parts thereof in conflict herewith are hereby repealed9 This Resolution shall take effect immediately364Commissioner James W Cash moved the passage of the foregoing Resolution and CommissionerJerry F Wood seconded the motion, and the resolution was passed by the following voteAyes Commissioners Norman C Denning, John M Booker, James W Cash, Jerry F Wood,Eleanor N Creech and Cecil M MassengillNays Commissioner Cookie PopeNot Voting NoneCommissioner Cookie Pope stated she does not oppose the financing agreement in general, but doesoppose the 10 year pay back period, as this was not the recommendation of the Local GovernmentCommission10 Engineers Report on Cleveland Water DistrictTim Broome, Engineer, reported on the feasibility and opinion of costs study for the ClevelandWater District His report was based on the potential new customers, the persons now served by existingprivate community water systems, and the number of existing County water customers in the area Hepresented two alternative solutionsA build system exclusive of subscribers on existing private systems approximately 751customers at a projected bond order of 2,300,000 Average monthly bill of 2540B build system including the purchase of existing community water systems approximately1,280 customers at a projected bond order of approximately 4,000,000The Commissioners discussed the cost for upsizing the necessary lines to coordinate with the restof the Countys water distribution systemFollowing discussion, Commissioner Cookie Pope moved the Board proceed with option B for theCleveland Water District and set the bond order for an amount up to 4,000,000 Commissioner John MBooker seconded the motion, which carried by unanimous vote11 Resolution of Intent to File Application with Local Government Commission - ClevelandWater DistrictUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner John M Bookerand carried by unanimous vote, the Board recessed regular session to sit as the Cleveland Water DistrictBoardThe following resolution was discussed and its title was readRESOLUTION PROVIDING FOR PUBLICATION OF NOTICE OF INTENT TO FILEAPPLICATION WITH RESPECT TO UP TO 4,000,000 GENERAL OBLIGATIONBONDS WITH LOCAL GOVERNMENT COMMISSIONWHEREAS The Board of Commissioners of Johnston County acting as the governing body theBoard of the Cleveland Water District the District has decided to pursue the issuance of generalobligation bonds in the maximum aggregate principal amount of 4,000,000 the Bonds under the LocalGovernment Bond Act the Act to finance, in part, the acquisition, construction and equipping of a watersystem in the District; andWHEREAS Under the Act the issuance of such bonds must be approved by the Local GovernmentCommission and pursuant to G S § 15 9-5 0 of the Act, a notice of the intention to file an application withthe Local Government Commission must be published prior to filing of the application; andWHEREAS, the Board intends to make certain capital expenditures relating to the acquisition,construction and equipping of the water system prior to the issuance of the Bonds, and to reimburse theDistrict for such expenditures out of the proceeds of the Bonds;NOW, THEREFORE, the Board of Commissioners of Johnston County, acting as the governingbody of the Cleveland Water District, meeting in regular session at Smithfield, North Carolina, on July1, 1996, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTYACTING AS THE GOVERNING BODY OF THE CLEVELAND WATER DISTRICT1 The Clerk to the Board shall cause a notice, in substantially the form set forth below, to bepublished in The Smithfield Herald365[FORM OF NOTICE]NOTICE OF INTENTION TO FILE AN APPLICATIONWITH THE LOCAL GOVERNMENT COMMISSIONCONCERNING CLEVELAND WATER DISTRICT4,000,000 GENERAL OBLIGATION BONDSNotice is hereby given that the Board of Commissioners of Johnston County, North Carolina theBoard, acting as the governing body of the Cleveland Water District the District, intends to file anapplication with the Local Government Commission the LGC for approval of a bond issue pursuant tothe Local Government Bond Act GS § 159 -43 et seq It is proposed that the bonds be generalobligations of the District in the maximum principal amount of 4,000,000 and be issued to finance, inpart, the acquisition, construction and equipping of a water system in the District Any citizen or taxpayerof the District may, within seven days after the date of publication of this notice, file with the Board andthe LGC a statement of any objections he or she may have to the bond issue at the following addressesandBoard of CommissionersJohnston CountyJohnston County CourthousePO Box 1049Smithfield, North Carolina 27577Mr Robert M HighLocal Government Commission325 N Salisbury StreetRaleigh, North Carolina 27611JOHNSTON COUNTY BOARD OF COMMISSIONERSBy Joyce H Ennis, Clerk2 The Board hereby declares that it reasonably expects to make certain capital expenditures forthe acquisition, construction and equipping of a water system, and to reimburse such expenditures out ofthe proceeds of the Bonds, up to a maximum amount of 4,000,000 This resolution is intended to be adeclaration of official intent under Treas Reg § 1150 -2e3 The Board hereby declares that regular meetings of the Board of Commissioners of theDistrict shall take place at the same time and on the same dates as the regularly scheduled meetings of theBoard of Commissioners of Johnston County4 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage of the foregoing resolution and CommissionerJerry F Wood seconded the motion, and the resolution was passed by the following voteAyes Commissioners Norman C Denning, John M Booker, James W Cash, Jerry F Wood,Eleanor N Creech, Cecil M Massengill and Cookie PopeNays NoneNot Voting NoneUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adjourned the Cleveland Water District Board and convened as theClayton Water District Board12 Public Hearing Clayton Water DistrictAdvertised June 21, 1996 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe proposed bond order authorizing the issuance of General Obligation Bonds for the Clayton WaterDistrict 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 districtThere being no comments, the Chairman closed the public hearing36613 Adoption of Bond Order and Resolution Calling for Referendum - Clayton Water DistrictAfter consideration of a public hearing held pursuant to NC General Statutes § 159 -57 on July 1,1996, and extensive comments and suggestions from members of the public, Commissioner James WCash moved the passage ofthe Bond Order entitled BOND ORDER AUTHORIZING THE ISSUANCEOF GENERAL OBLIGATION BONDS OF THE CLAYTON WATER DISTRICT IN THEMAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,200,000 FOR THE PURPOSE OFFINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A WATERSYSTEM IN THE DISTRICT in the form introduced on June 17, 1996, and Commissioner Cecil MMassengill seconded the motion and the Bond Order was passed and adopted by the following voteAyes Commissioners Norman C Denning, John M Booker, James W Cash, Jerry F Wood,Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting NonereadCommissioner James Cash then introduced a resolution, the title of which is as follows and wasRESOLUTION CALLING FOR REFERENDUM ON 4,200,000 GENERALOBLIGATION BONDS, PROVIDING FOR NOTICE OF SUCHREFERENDUM, FORM OF BALLOT AND PUBLICATION OF BONDORDER AS ADOPTEDWHEREAS, the Board of Commissioners of Johnston County, acting as the governing body of theClayton Water District, has adopted a Bond Order entitled BOND ORDER AUTHORIZING THEISSUANCE OF GENERAL OBLIGATION BONDS OF THE CLAYTON WATER DISTRICT INTHE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 4,200,000 FOR THE PURPOSE OFFINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A WATERSYSTEM IN THE DISTRICT; andWHEREAS, G S § 159 -58 provides for publication ofthe Bond Order as adopted and G S § 159-61 requires this Board to fix the date of the referendum on the Bond Order, notify the Board of Electionsthereof and provide for notice of the referendum to be published;NOW, THEREFORE, the Board of Commissioners of Johnston County, acting as the governingbody of the Clayton Water District, meeting in special session on July 1, 1996, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY,ACTING AS THE GOVERNING BODY OF THE CLAYTON WATER DISTRICT1 The Clerk to the Board shall cause the Bond Order, with a statement appended in the formdescribed by G S § 159 -58, to be published in The Smithfield Herald2 This Board hereby calls for a referendum with respect to the Bond Order and fixes the datethereof as August 27, 19963 The form of the question on the ballots shall be as followsShall the order authorizing 4,200,000 in maximum aggregate principal amountof general obligation bonds of the Clayton Water District for financing, in part,the acquisition, construction and equipping of a water system in the District beapproved[ ] YES [ ] NO4 The Clerk to the Board shall mail or deliver a copy of this resolution to the Johnston CountyBoard of Elections prior to July 5, 19965 The Clerk to the Board shall provide for publication of notice of the referendum as requiredby G S § 159 -61© in The Smithfield Herald6 The Board hereby declares that regular meetings of the Board of Commissioners of theDistrict shall take place at the same time and on the same dates as the regularly schedules meetings of theBoard of Commissioners of Johnston County7 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage of such resolution and Commissioner Cecil MMassengill seconded the motion, and the resolution was passed by the following voteAyes Norman C Denning, John M Booker, James W Cash, Jerry F Wood, Eleanor N Creech,Cecil M Massengill, and Cookie PopeNays NoneNot Voting NoneUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adjourned the Clayton Water District Board and convened as theWilsons Mills Water District Board36714 Public Hearing Wilsons Mills Water DistrictAdvertised June 21, 1996 - The Smithfield HeraldThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe proposed bond order authorizing the issuance of General Obligation Bonds for the Wilsons MillWater District in the maximum aggregate principal amount of 1,100,000 for the purpose of financing,in part, the acquisition, construction and equipping of a water system in the districtThere being no comments, the Chairman closed the public hearing15 Adoption of Bond Order and Resolution Calling for Referendum - Wilsons Mills WaterMctrirtAfter consideration of a public hearing held pursuant to NC General Statutes § 159 -57 on July 1,1996, and extensive comments and suggestions from members of the public, Commissioner Jerry FWood moved the passage of the Bond Order entitled BOND ORDER AUTHORIZING THEISSUANCE OF GENERAL OBLIGATION BONDS OF THE WILSONS MILLS WATERDISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 1,100,000 FOR THEPURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPINGOF A WATER SYSTEM IN THE DISTRICT in the form introduced on June 17, 1996, andCommissioner Cecil M Massengill seconded the motion and the Bond Order was passed and adopted bythe following voteAyes Commissioners Norman C Denning, John M Booker, Jerry F Wood, James W Cash,Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting NonereadCommissioner Jerry F Wood then introduced a resolution, the title of which is as follows and wasRESOLUTION CALLING FOR REFERENDUM ON 1,100,000 GENERALOBLIGATION BONDS, PROVIDING FOR NOTICE OF SUCHREFERENDUM, FORM OF BALLOT AND PUBLICATION OF BONDORDER AS ADOPTEDWHEREAS, the Board of Commissioners of Johnston County, acting as the governing body of theWilsons Mills Water District, has adopted a Bond Order entitled BOND ORDER AUTHORIZING THEISSUANCE OF GENERAL OBLIGATION BONDS OF THE WILSONS MILLS WATERDISTRICTIN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 1,100,000 FOR THE PURPOSEOF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AWATER SYSTEM IN THE DISTRICT; andWHEREAS, G S § 159 -58 provides for publication ofthe Bond Order as adopted and G S § 159-61 requires this Board to fix the date of the referendum on the Bond Order, notify the Board of Electionsthereof and provide for notice of the referendum to be published;NOW, THEREFORE, the Board of Commissioners of Johnston County, acting as the governingbody of the Wilsons Mills Water District, meeting in special session on July 1, 1996, do the followingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY,ACTING AS THE GOVERNING BODY OF THE WILSONS MILLS WATER DISTRICT1 The Clerk to the Board shall cause the Bond Order, with a statement appended in the formdescribed by G S § 159 -58, to be published in The Smithfield Herald2 This Board hereby calls for a referendum with respect to the Bond Order and fixes the datethereof as August 27, 19963 The form of the question on the ballots shall be as followsShall the order authorizing 1,100,000 in maximum aggregate principal amountof general obligation bonds of the Wilsons Mills Water District for financing, inpart, the acquisition, construction and equipping of a water system in the Districtbe approved[ ] YES [ ] NO4 The Clerk to the Board shall mail or deliver a copy of this resolution to the Johnston CountyBoard of Elections prior to July 5, 19965 The Clerk to the Board shall provide for publication of notice of the referendum as requiredby G S § 159 -61© in The Smithfield Herald6 The Board hereby declares that regular meetings of the Board of Commissioners of theDistrict shall take place at the same time and on the same dates as the regularly scheduled meetings of theBoard of Commissioners of Johnston CountyDetailsAnnotationsEntry PropertiesModified11192013 10953 PMCreated442003 94132 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date711996Book20