February 5, 1996 - 10:00 AM - County Board of Commissioners Meeting Minutes

February 5, 1996The Johnston County Board of Commissioners met in regular session Monday,February 5, 1996, at 10 oclock am in the Commissioners Room, Johnston CountyCourthouse Annex, Smithfield, North Carolina, with the following membersPresent Norman C Denning, Chairman, Dr John M Booker, Vice Chairman,James W Cash, Jerry F Wood, DDS, Cecil M Massengill, Eleanor NCreech 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 wastransactedMinutesThe Chairman asked if there were any corrections to the minutes of the January2, 1996 board meeting There being no corrections, the Chairman declared the minutesapproved as presentedDepartment of Transportation - Addition to SystemThe Board reviewed petitions presented by the North Carolina Department ofTransportation requesting the following roads be added to the State Secondary System formaintenanceBradley Drive and Brandy Court in Georgetowne Subdivision, Pleasant GroveTownship Palmer Drive, Snead Drive, and Lopez Lane, Glen Ridge Subdivision,Section One, Clayton TownshipFollowing review, Commissioner James W Cash moved the Board concur with theNC Department of Transportations request to add the roads listed above to the StateMaintained System Commissioner Cookie Pope seconded the motion, which carried byunanimous voteResolution Approving Industrial Development Revenue Bonds - InolexRESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENTREVENUE BONDS BY THE JOHNSTON COUNTY INDUSTRIAL FACILITIES ANDPOLLUTION CONTROL FINANCING AUTHORITY FOR INOLEX CHEMICALCOMPANY IN THE AGGREGATE PRINCIPAL AMOUNT OF 2,000,000WHEREAS, The Johnston County Industrial Facilities and Pollution ControlFinancing Authority the Authority has agreed to assist in the financing under the NorthCarolina Industrial and Pollution Control Facilities Financing Act the Act of a specialtychemicals manufacturing facility by Inolex Chemicals Company in Johnston County; andWHEREAS, the Authority intends to issue its Industrial Development RevenueBonds Inolex Chemicals Company Project, Series 1996 the Bonds in the principalamount of 2,000,000; andWHEREAS, under Section 159C-4 of the Act the issuance of bonds under the Actmust be approved by the governing body of the county in which the project to be financedunder the Act is located; andWHEREAS, this Board held a public hearing with respect to the Bonds onDecember 1, 1995, and approved in principle the project to be financed with the Bonds;NOW, THEREFORE, the Board of Commissioners of Johnston County, meetingin regular session at Smithfield, North Carolina, on February 5, 1996, do the following225BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF JOHNSTONCOUNTYThe issuance of the Authoritys Industrial Development Revenue Bonds InolexChemical Company Project, Series 1996 in the principal amount of 2,000,000 is herebyapproved for purposes of Section 159C-4 of the ActCommissioner Jerry F Wood moved the passage of the foregoing resolution andCommissioner Eleanor N Creech seconded the motion, and the resolution was passed bythe following voteYeas Norman C Denning, John M Booker, James W Cash, Jerry F Wood,Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting None4 Melex Utility GrantMichael de Sherbinin, Economic Development Director, addressed the Board onbehalf of Steve Hargis, developer of the property for Melex Inc on Hwy 70 He explainedthat Mr Hargis is asking the County to reimburse him for expenditures he incurred inproviding public improvements for the industrial park, including storm water drainage,public access road and fire line Reimbursement for these multi-user improvements, whichcost 46,85325, would be consistent with the Countys policy of assisting and encouragingindustrial growthFollowing discussion, Commissioner John M Booker moved the Board reimburseSteve Hargis for public improvements he made to the industrial park off Hwy 70 indeveloping property for Melex, Inc, golf cart manufacturer Commissioner Bookers motionincluded approval of the following budget amendment Commissioner Jerry F Woodseconded the motion, which carried by unanimous voteExpenditure Increase10 50707376 Melex Project46,85325Expenditure Decrease10 460033990 Fund Balance Appropriated46,853255 Moccasin Creek BoundariesKenneth York, District Conservationist, informedthe Commissioners the MoccasinCreek Drainage Board has reviewed the boundaries of the district and are recommendingcertain corrections He showed a map of the existing boundaries and the proposed changesThe major change would exclude a portion of Pine Level that was originally in thedistrict Extensive drainage work on SR 2309 by the Department of Transportation haschanged the topography of the area and it no longer drains into Moccasin Creek Peopleliving in this area are no longer affected by the creek and feel they should not be part ofthe taxing district The only other change wouldbe to exclude one parcel of land on BizzellGrove Church Road, which was included in the boundaries by errorFollowing discussion, Commissioner John M Booker moved the Board approve theamended boundaries as proposed Commissioner Jerry F Wood seconded the motion,which carried by unanimous vote6 EMS Advisory Board Request for Franchise Archer Lodge Fire DepartmentThe EMS Advisory Board has recommended that Archers Lodge Fire Departmentbe franchised at the first responder level, as they have met all the necessary requirementsof the franchise ordinanceFIRST VOTE Upon a motion by Commissioner Eleanor N Creech, seconded byCommissioner Cecil M Massengill and carried by unanimous vote, the Board approvedfranchise at First Responder Level for Archers Lodge Fire Department and scheduled asecond vote for the next regular meeting2267 Request for Refund of TaxesJames Tyner, Assistant Tax Administrator, explained that New East Facilities, Incof Selma has requested refund in the amount of 5,31276 representing taxes overpaid for1992, 1993, and 1994 on parcel #14057026B A portion of the interior of their building wasincorrectly coded as a bank This has been corrected for 1995Upon a motion by Commissioner James W Cash, seconded by CommissionerCookie Pope and carried by unanimous vote, the Board approved refund in the amount of5,31276 to New East Facilities Inc of Selma for taxes overpaid on parcel #1405702613for the years 1992, 1993, and 19948 Budget AmendmentsCommissioner Jerry F Wood moved the following budget amendments beapproved Commissioner John M Booker seconded the motion, which carried byunanimous voteA Health DepartmentExpenditure Increase - From Wake AHEC for precepting nurse practitioner10 59454600Child Health - Medical Supplies11000Revenue Increase -Family Planning10 594534112Wake AHEC11000Expenditure Increase - Maternal Hlth Grant for Maternal Outreach Workers10 59250200Salaries17,2050010 59250501Social Security8950010 59250600Health Insurance1,5600010 59250610Life Insurance170010 59250700Retirement4680010 59250701401K3510010 59251100Telephone3500010 59251400Travel2,0000010 59251410Training5000010 59253300Departmental Supplies1,0000010 59255410Workmans Comp1000010 59257400Equipment2,50000TOTAL26,94600Revenue Increase -Maternal Health10 592534111DEHNR MCH26,94600Expenditure Increase - Day By Day - for parenting classes10 59454600Medical Supplies3,00000Revenue Increase10 594534112Day By Day Treatment3,00000Expenditure Increase - Reversible contraceptive methods to non-medicaidclients10 59604600Family Planning Medical Supplies5,00000Revenue Increase -Family Planning10 596034114DEHNR MCH5,00000Expenditure Increase - Rural Obstetrical Care Incentive Funds10 5925-0421Maternal Health - ROCI Funds15,30400Revenue Increase10 592534111DEHNR15,50400B Mental HealthExpenditure Increase - Medicaid fees for Specialized Foster CarePersonal Services 7,00000Fixed Charges Other 50000Capital Outlay 51,32000Contracts, Grants, Other Subsidies 446,18200TOTAL 505,00200227Revenue IncreasePatient Fees - Medicaid 26,22000Appropriated Fund Balance 29,41000State Capital Grant 29,41000State Funds 419,96200TOTAL 505,00200C Water PlantExpenditure Increase - Payment on Loan - unappropriated funds20 85609022 - FCB Loan Payment New Water Plant 273,20207Revenue Increase20 856033102 - Transfer from General Fund 273,20207D EducationExpenditure Increase - Refund of Sales Tax on School Projects10 63006021 Sales Tax Refund for Schools 16,15272Revenue Increase10 460033704 Sales Tax Refunds 16,15272E Emergency ManagementExpenditure Increase - HMEP Grant - Hazardous Materials Disasters10 53001411 Planning Grant HMTA 9,40000Revenue Increase10 530034144 Emergency Management Revenue 9,400009 Council on Status of Women - Request for FundsFlora Grantham, Chairperson for the Council on Status of Women, gave a briefoutline of the Councils projects over the past year and the plans for 1996 She asked theBoard for a special appropriation of 2,000 to help the Council accomplish their goalsFollowing discussion, Commissioner Cookie Pope moved the Board make a one timeallocation of 500 to Council on Status of Women and approve the following budgetamendment Commissioner Eleanor N Creech seconded the motion which carried by thefollowing voteYeas John M Booker, James W Cash, Jerry F Wood, Eleanor N Creech, CecilM Massengill, and Cookie PopeNays Norman C DenningExpenditure Increase10 58557012 Council on Status of Women 50000Expenditure Decrease10 58555710 Contingencies 5000010 Board of Education 1996-97 Funding for Buses and Mobile ClassroomsDr James Causby, Superintendent of Schools, requested a commitment of fundsfrom the 1996-97 budget, in the amount of 1,394,059, for additional mobile units andbuses He stated that due to anticipated growth, the County will need a total of 22additional mobile classrooms, 10 regular school buses, 1 regular activity bus and 2 activitybuses with chair lifts These need to be ordered now in order to assure they arrive beforethe 1996-97 school year He noted that with the construction of new school facilities, thiswill hopefully be the last year the Board of Education will have to purchase additionalmobile unitsFollowing discussion Commissioner Jerry F Wood moved the Board commit1,394,059 from the 1996-97 budget, in addition to other annual capital outlay allocation,for 22 mobile classrooms, 10 school buses and 3 activity buses Commissioner James WCash seconded the motion, which carried by unanimous vote22811 Request for Board Approval to Submit Needs Survey to StateThe Commissioners discussed the request from the Board of Education to approvesubmission to the State of the School Capital Construction Study Commission Surveyprojecting public school facility needs for 10 yearsFollowing discussion Commissioner John M Booker moved the Board sign thesurvey with the following disclaimer inserted above the Chairmans signatureCommissioner James W Cash seconded the motion, which carried by unanimous voteThis report was prepared based solely upon formulas prepared byrepresentatives of the State of N C While it contains educationallydesirable items which would benefit the students of Johnston County, it isnot feasible for Johnston County to address these needs without theprovision of substantial and ongoing revenue from the General AssemblygrantingJohnston Countya means ofnewrevenuesources, andareductionorremovaloffinancialmandates Newrevenue sources should include voterapproved Sales and Use Tax Authority12 Board of Education - Reauest to Move Graves from Glendale Kenly SiteTom I Davis, Deputy Superintendent of Schools, requested permission to proceedwith the necessary steps to move what appears to be six graves located on the proposedGlendale Kenly School site The Board of Education plans to move the graves to anotherlocation on the site The graves appear to be very old and only two have carved rocks asmarkers So far the school officials have been unable to determine any history on the gravesite With the Boards approval, school officials would proceed in accordance with NCGS§ 65-13Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner CecilM Massengill and carried by unanimous vote, the Board granted permission for the Boardof Education to proceed with the required notices and provisions required in NCGS § 65-13to move graves discovered on the proposed Glendale Kenly School site to another site onthe property with the understanding the County Health Director would supervise thedisinterment, removal and reinterment of the graves13 Public Hearing 1100 am - Financing Projects with Certificates of ParticipationAdvertised The Smithfield Herald - 11996The Chairman opened the public hearing and invited anyone who wished toaddress the Board on the followingA The acquisition, construction, renovation and equipping of Glendale-KenlyElementary and Corinth-Holders Schools, and addition to ClevelandElementary School, including acquisition by the County of the sites forGlendale Kenly and Corinth Holders projects from the Board of EducationThere were no comments or discussion on this portion of the public hearingB Installment financing agreements of several capital projects to be secured bydeeds of trust on those projects including1 Above school projects in the amount of 15 million2 Addition to the Courthouse for law enforcement facilities in the amount of5 million3 Emergency room, outpatient facility and health department adjacent toJohnston Memorial Hospital in the amount of 8 millionCounty Manager, Richard B Self, explained the method of repayment noting eachproject would be financed for a 10 year period He explained the school projects would bepaid out of existing 5 million annual allocation to the Board of Education; theJudicial Emergency Services Annex wouldbe paid from Federal funds consisting of a grantand a contract with the US Marshalls Office for housing federal inmates; and one-229half of the debt for the Emergency Room, Health Department and Non-Urgent Carefacility would be paid by the hospital and the rest of the payment is projected to come fromincreased revenue from Medicare receipts at the Health DepartmentDr Leonard Woodall, Health Department Director, informed the Board the non -urgent care facility would most likely operate from 8 am to 10 pm, seven days a week,which should greatly relieve the emergency room and would make the health departmenteligible for Medicare reimbursementThere being no further comments, the Chairman closed the public hearing14 Resolutions Concerning Financing Projects Certificates of ParticipationFollowing the public hearing, the Chairman asked the Board to consider and takeaction on a resolution approving the acquisition of the real property and the financing ofthe construction, renovation, installation and equipping of the school facilities through aninstallment financing contractCommissioner Jerry F Wood introduced the following resolution which wasdiscussed and its title was readRESOLUTION AUTHORIZING THE FILING OF AN APPLICATIONFORAPPROVAL OF AN INSTALLMENT FINANCING CONTRACT AUTHORIZED BYNORTH CAROLINA GENERAL STATUTES SECTION 160A-20, INDICATINGINTENT TO INCUR DEBT IN AN AMOUNT NOT TO EXCEED 15,000,000 ANDMAKING CERTAIN FINDINGS REQUIRED BY NORTH CAROLINA GENERALSTATUTES SECTION 159-151WHEREAS The Board of Commissioners of Johnston County the Board ,together with the Johnston County Board of Education the Board of Education hasdecided to pursue the financing of the acquisition, construction, installation and equippingOf two new elementary schools, to be known as the Glendale -Kenly Elementary School andthe Corinth-Holders Elementary School as well as the construction, installation andequipping of an addition to the Cleveland Elementary School collectively, the SchoolProjects pursuant to an installment financing contract the Contract with theJohnston County Finance Corporation the Corporation , as permitted under NCGS§ 160A-20; andWHEREAS It is anticipated that the cost of the School Projects will not exceed15,000,000, including the cost of issuance thereof, andWHEREAS Financing pursuant to NCGS § 160A-20 must be approved by theNorth Carolina Local Government Commission the LGC and will only be approved ifthe findings of NCGS § 159-151b are met;WHEREAS The Board has this day held a public hearing with respect to theSchool Projects and the Contract;NOW, THEREFORE, BE IT RESOLVED by the Board, as follows1 The Chairman and the other officers of the County, in cooperation with theBoard of Education, are hereby authorized and directed to proceed with planning for theacquisition, construction, installation and equipping of the School Projects2 The County hereby declares that it reasonably expects to make certain capitalexpenditures for the acquisition, construction, renovation, installation and equipping ofthe School Projects and to reimburse such expenditures and other expenditures alreadymade or made within the last sixty 60 days out of the proceeds of an installmentfinancing, up to a maximum amount of 15,000,000 This Resolution is intended to be adeclaration of official intent under Treas Reg § 1150-2e3 The proposed Contract is necessary and expedient because of seriousovercrowding in existing schools, and the need to replace a facility which was destroyedby fire4 The proposed Contract is preferable to a general obligation bond issue for thesame purpose because of the particular needs to be financed, the aggregate volume offinancings to be accomplished and the desirability of having available the alternativefinancing structures and repayment provisions possible in the proposed negotiatedinstallment financing2305 The cost of the proposed undertaking exceeds the amount of funds that can beprudently raised from currently available appropriations, unappropriated fund balances,and non-voted general obligation bonds that could be issued by the County in the fiscalyear pursuant to Article V, Section 4, of the North Carolina Constitution The SchoolProjects are non-revenue producing so revenue bonds are not an option6 The cost of financing under the proposed Contract is not greater than the costof issuing general obligation bonds7 The sums to be provided under the Contract are adequate and not excessive forthe stated purposes of acquiring, constructing, renovating, installing and equipping theSchool Projects8 The Countys debt management procedures and policies are good and have beencarried out in strict compliance with law and will henceforth be so carried out9 There will be no tax increase to meet the sums due under the proposed Contract10 The County is not in default in any of its debt service obligations11 The attorney for the County has rendered an opinion that the proposed SchoolProjects are authorized by law and is a purpose for which public funds may be expendedpursuant to the Constitution and laws of the State of North Carolina12 The Chairman and other officers of the County are hereby authorized anddirected to make application to the LGC in connection with the acquisition, construction,installation and equipping of the School Projects and the financing therefor13 All other acts of the Board and the officers of the County which are in conformitywith the purposes and intent of this Resolution and in furtherance of the financing of theSchool Projects are hereby approved and confirmed14 All Resolutions or parts thereof in conflict herewith are hereby repealed15 This Resolution shall take effect immediatelyCommissioner Jerry F Wood moved the passage of the foregoing Resolution andCommissioner Cecil M Massengill seconded the motion, and the Resolution was passedby the following voteYeas Commissioners Norman C Denning, John M Booker, Jerry F Wood, JamesW Cash, Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting NoneCommissioner James W Cash introduced the following resolution which wasdiscussed and its title was readRESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTYWHEREAS Pursuant to NCGS § 153A-1581, the County is authorized toacquire real property from the Johnston County Board of Education the Board ofEducation to construct, install and equip the School Projects; andWHEREAS The Board of Education has requested the County to acquire certainreal property, consisting of two sites, one, for Glendale-Kenly Elementary School,containing approximately 25 acres and located on Bay Valley Road in Beulah Township,and the other, for Corinth-Holder Elementary School, consisting of four separate parcelscontaining approximately 239 acres and located on NC Highway 231 in WildersTownship collectively, the Sites , and to construct and equip thereon the School Projectsfor use by the Board of Education, and the Board has this day held a public hearing withrespect to such acquisition, as required by NCGS § 153A-1581; andWHEREAS The Board has decided to pursue the financing of the School Projectspursuant to an installment financing contract the Contract with the Johnston CountyFinance Corporation, all in accordance with NCGS § 160A-20NOW, THEREFORE, BE IT RESOLVED by the Board, as follows1 The Chairman and the other officers of the County are hereby authorized anddirected to proceed with planning for the acquisition of the Sites from the Board ofEducation pursuant to NCGS § 153A-1581, andthe construction and equipping thereonof the School Projects for use by the Board of Education2 All other acts of the Board and the officers of the County which are in conformitywith the purposes and intent of this resolution and in furtherance of the financing of theSchool Project are hereby approved and confirmed2313 All resolutions or parts thereof in conflict herewith are hereby repealed4 This resolution shall take effect immediatelyCommissioner James W Cash moved the passage of the foregoing Resolution andCommissioner Jerry F Wood seconded the motion, and the Resolution was passed by thefollowing voteYeas Commissioners Norman C Denning, John M Booker, Jerry F Wood, JamesW Cash, Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting NoneCommissioner Jerry F Wood introduced the following resolution which wasdiscussed and its title was readRESOLUTION APPROVING THE APPOINTMENT OF JC BRADFORDAND COMPANY, AND WHEAT FIRST BUTCHER SINGER TO ASSISTTHE COUNTY IN STRUCTURING CERTIFICATES OF PARTICIPATIONTO FINANCE THE SCHOOL AND OTHER COUNTY PROJECTSWHEREAS On January 5, 1996, the County sent a Request for FinancingProposals to a number of investment banking firms asking for proposals relating to thefinancing of the School and other County Projects under NCGS § 160A-20; andWHEREAS The County received a number of responses to such proposals;NOW, THEREFORE, BE IT RESOLVED by the Board, as follows1 The County hereby appoints J C Bradford and Company and Wheat FirstButcher Singer to act as underwriters and financial advisors to the County in connectionwith the School and other County Projects, and agrees to proceed with the proposaloutlined in their proposals to finance the School Projects with certificates of participation2 The County Manager, the County Finance Officer and Hunton Williams, asbond counsel, are hereby directed to take such steps and draft such documents as may berequired in order to finance the School and other County Projects through certificates ofparticipation3 All other acts of the Board and the officers of the County which are inconformitywith the purposes and intent of this Resolution and in furtherance of the financing of theSchool and other County Projects are hereby ratified, approved and confirmedCommissioner Jerry F Wood moved the passage of the foregoing Resolution andCommissioner Eleanor N Creech seconded the motion, and the Resolution was passed bythe following voteYeas Commissioners Norman C Denning, John M Booker, Jerry F Wood, JamesW Cash, Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting None15 Resolution - Financing for Construction of Law Enforcement FacilityThe Chairman stated that a Notice of Hearing was published on January 19, 1995,in the Smithfield Herald, stating that the Board of County Commissioners the Board of Johnston County the County would hold a public hearing regarding the construction,renovation, installation and equipping of an addition to the Johnston County Courthousefor law enforcement facilities the Law Enforcement Project and the execution of aninstallment financing contract in connection therewith The public hearing was held at1100 amFollowing the public hearing, the Chairman asked the Board to consider and takeaction on a resolution approving the financing of the construction, renovation, installationand equipping of the law enforcement project through an installment financing contractCommissioner Cecil M Massengill introduced the following resolution which wasdiscussed and its title was read232RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FORAPPROVAL OF AN INSTALLMENT FINANCING CONTRACT AUTHORIZED BYNORTH CAROLINA GENERAL STATUTES SECTION 160A-20, INDICATINGINTENT TO INCUR DEBT IN AN AMOUNT NOT TO EXCEED 5,000,000 ANDMAKING CERTAIN FINDINGS REQUIRED BY NORTH CAROLINA GENERALSTATUTES SECTION 159-151WHEREAS The Board of Commissioners of Johnston County the Board hasdecided to pursue the financing of the acquisition, construction, installation and equippingan addition to the Johnston County Courthouse for law enforcement facilities the LawEnforcement Project pursuant to an installment financing contract the Contract withthe Johnston County Finance Corporation the Corporation , as permitted underNCGS § 160A-20; andWHEREAS It is anticipated that the cost of the Law Enforcement Project will notexceed 5,000,000, including the cost of issuance thereof, andWHEREAS Financing pursuant to NCGS § 160A-20 must be approved by theNorth Carolina Local Government Commission the LGC and will only be approved ifthe findings of NCGS § 159-151b are met;WHEREAS The Board has this day held a public hearing with respect to the LawEnforcement Project and the Contract;NOW, THEREFORE, BE IT RESOLVED by the Board, as follows1 The Chairman and the other officers of the County, in cooperation with theBoard of Education, are hereby authorized and directed to proceed with planning for theacquisition, construction, installation and equipping of the Law Enforcement Project2 The County hereby declares that it reasonably expects to make certain capitalexpenditures for the acquisition, construction, renovation, installation and equipping ofthe Law Enforcement Project and to reimburse such expenditures and other expendituresalready made or made within the last sixty 60 days out of the proceeds of an installmentfinancing, up to a maximum amount of 5,000,000 This Resolution is intended to be adeclaration of official intent under Treas Reg § 1150-2e3 The proposed Contract is necessary and expedient because of the need foradditional jail space4 The proposed Contract is preferable to a general obligation bond issue for thesame purpose because of the particular needs to be financed, the aggregate volume offinancings to be accomplished and the desirability of having available the alternativefinancing structures and repayment provisions possible in the proposed negotiatedinstallment financing5 The cost of the proposed undertaking exceeds the amount of funds that can beprudently raised from currently available appropriations, unappropriated fundbalances,and non-voted general obligation bonds that could be issued by the County in the fiscalyear pursuant to Article V, Section 4, of the North Carolina Constitution The LawEnforcement Project is non-revenue producing so revenue bonds are not an option6 The cost of financing under the proposed Contract is not greater than the costof issuing general obligation bonds7 The sums to be provided under the Contract are adequate and not excessive forthe stated purposes of acquiring, constructing, renovating, installing and equipping theLaw Enforcement Project8 The Countys debt management procedures and policies are good and have beencarried out in strict compliance with law and will henceforth be so carried out9 There will be no tax increase to meet the sums due under the proposed Contract10 The County is not in default in any of its debt service obligations11 The attorney for the County has rendered an opinion that the proposed LawEnforcement Project is authorized by law and is a purpose for which public funds may beexpended pursuant to the Constitution and laws of the State of North Carolina12 The Chairman and other officers of the County are hereby authorized anddirected to make application to the LGC in connection with the acquisition, construction,installation and equipping of the Law Enforcement Project and the financing therefor13 All other acts of the Board and the officers of the County which are inconformitywith the purposes and intent of this Resolution and in furtherance of the financing of theLaw Enforcement Project are hereby approved and confirmed23314 All Resolutions or parts thereof in conflict herewith are hereby repealed15 This Resolution shall take effect immediatelyCommissioner Cecil M Massengill moved the passage of the foregoing Resolutionand Commissioner John M Booker seconded the motion, and the Resolution was passedby the following voteYeas Commissioners Norman C Denning, John M Booker, Jerry F Wood, JamesW Cash, Eleanor N Creech, Cecil M Massengill, and Cookie PopeNays NoneNot Voting None16 Resolution - Financing for Construction, Renovation of Health FacilitiesThe Chairman stated that a Notice of Hearing was published on January 19, 1995,in the Smithfield Herald, stating that the Board of County Commissioners the Board of Johnston County the County would hold a public hearing regarding the construction,renovation, installation and equipping of an emergency room, outpatient facility andhealth department adjacent to Johnston Memorial Hospital the Health Care Project and the execution of an installment financing contract in connection therewith The publichearing was held at 1100 amFollowing the public hearing, the Chairman asked the Board to consider and takeaction on a resolution approving the financing of the construction, renovation, installationand equipping of the health care project through an installment financing contractCommissioner Eleanor N Creech introduced the following resolution which wasdiscussed and its title was readRESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FORAPPROVAL OF AN INSTALLMENT FINANCING CONTRACTAUTHORIZED BY NORTH CAROLINA GENERAL STATUTES SECTION160A-20, INDICATING INTENT TO INCUR DEBT IN AN AMOUNT NOTTO EXCEED 8,000,000 AND MAKING CERTAIN FINDINGSREQUIRED BY NORTH CAROLINA GENERAL STATUTES SECTION159-151WHEREAS The Board of Commissioners of Johnston County the Board hasdecided to pursue the financing of the acquisition, construction, installation and equippingan emergency room, outpatient facility and health department adjacent to JohnstonMemorial Hospital the Health Care Project pursuant to an installment financingcontract the Contract with the Johnston County Finance Corporation theCorporation , as permitted under NCGS § 160A-20; andWHEREAS It is anticipated that the cost of the Health Care Project will not exceed8,000,000, including the cost of issuance thereof, andWHEREAS Financing pursuant to NCGS § 160A-20 must be approved by theNorth Carolina Local Government Commission the LGC and will only be approved ifthe findings of NCGS § 159-151b are met;WHEREAS The Board has this day held a public hearing with respect to theHealth Care Project and the Contract;NOW, THEREFORE, BE IT RESOLVED by the Board, as followsThe Chairman and the other officers of the County, in cooperation with the Boardof Education, are hereby authorized and directed to proceed with planning for theacquisition, construction, installation and equipping of the Health Care Project1 The County hereby declares that it reasonably expects to make certain capitalexpenditures for the acquisition, construction, renovation, installation and equipping ofthe Health Care Project and to reimburse such expenditures and other expendituresalready made or made within the last sixty 60 days out of the proceeds of an installmentfinancing, up to a maximum amount of 8,000,000 This Resolution is intended to be adeclaration of official intent under Treas Reg § 1150-2e2 The proposed Contract is necessary and expedient because of overcrowdedconditions at the existing emergency room and health department, and the need to providebetter health care for the citizens of Johnston CountyDetailsAnnotationsEntry PropertiesModified11192013 123938 PMCreated4142003 90224 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date251996Book20