March 3, 2025 - 10:00 AM - Board of Commissioners Agenda Packet

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10 PUBLIC NOTICE OF JOHNSTON COUNTY BOARD MEETING March 3 , 2025 10 00 am The Johnston County Board of Commissioners will meet in Regular Session on Monday , March 3 , 2025 at 10 00 am or as soon thereafter as possible in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , NC The purpose of the meeting is to transact business as presented during the meeting Auxiliary aids for the handicapped will be made available upon reasonable notice Citizens that would like to address the Board for Public Comment but have concerns with physically attending the meeting , may email those comments to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Consent Agenda Items 5 3 Public Comments 4 Public Hearing – Financing of a Portion of the Advanced Manufacturing Training Center in Four Oaks and a Classroom Addition at Cleveland High School 5 Finance – Resolution Declaring Official Intent to Reimburse Expenditures for Clayton High School Project 22 6 Nursing Home Adult Care Home Community Advisory Board Update 7 Johnston Community College – Request for Public Safety Training Positions 8 Delinquent Tax Collection Report 9 Manager Reports and Comments 10 Board Reports and Comments 11 Closed Session If Requested ______________________________________________________________________________ Special Meeting of the Johnston County Finance Corporation Immediately following the Johnston County Board of Commissioners meeting , the Johnston County Finance Corporation whose membership consists of the Johnston County Board of Commissioners will hold a special meeting The purpose of the meeting is to consider a resolution approving the plan to finance a portion of the Advanced Manufacturing Training Center in Four Oaks and a Classroom Addition at Cleveland High School and authorizing the execution and delivery of any and all related documents in connection therewith See the full notice of the special meeting 26 ______________________________________________________________________________ LUNCH WITH JOHNSTON COUNTY COOPERATIVE EXTENSION - 12 00 PM Johnston County Agricultural Center - 2736 NC Hwy 210 , Smithfield Page 1 of 33PageMarch 3 , 2025 10 00 am 1 Approval Discussion of Agenda 2 Consent Agenda Items Note All items on the Consent Agenda are considered to be routine and may be enacted by one motion The items have been reviewed by the County Manager and are recommended for approval If a Commissioner requests discussion on an item , upon a motion , the item will be removed from the Consent Agenda A Approval of Minutes – February 3 , 2025 - 10 00 am and 6 00 pm B Order to Advertise Tax Liens Tax Administrator Jocelyn Andrews is requesting the Board to adopt an order authorizing the advertisement of the tax liens for delinquent 2024 tax bills See order C Tax Administration – Request for Refund Robert M Mills , Jr and Karen Mills split parcel 03Q05198 and combined with parcel 03Q05198B to create parcel 03Q05198J on August 31 , 2022 The recorded deed conveyed the parcel to Ronald James Gammon , Jr and Cathy Pearson Gammon on the same date The Tax Office processed the split combination by said deed on September 9 , 2022 , but did not transfer ownership to the new owner This failure to transfer ownership in the tax records resulted in the subject parcel to be listed and billed to Robert M Mills , Jr and Karen Mills The Johnston County tax assessments and listing forms were sent to Robert M Mills , Jr and Karen Mills in each subsequent year Property taxes were timely remitted for tax years 2023 and 2024 The Mills contacted the Tax Administration Department on or about February 7 , 2025 questioning the tax record related to this parcel Approval of the refund would not affect Johnston County , Boon Hill Fire District or the County Fire District tax levies Staff requests the Board of County Commissioners make a determination and approve the request for refund in the amount of 2,22483 for tax year 2023 and 2024 See memo D Appointments Economic Development Advisory Board – Advertised in January 1 position ; 2 year terms Representing the Town of Pine Level Pine Level Area Randy Jones has applied for reappointment and has received a recommendation by the Pine Level Town Council for reappointment Mr Jones would require a waiver in the length of service policy see letter Johnston County Board of Adjustment – 1 position ; 3 year term New appointees shall be designated as alternate members Bennett Jones has applied for appointment For further information , please see the Board Information Sheet as well as summary of appointment requests Johnston County Board of Equalization and Review – 1 position to fill unexpired term ending April 30 , 2025 and 1 position to fill an unexpired term ending April 30 , 2026 Jennie Harless has applied for appointment For further information , please see the Board Information Sheet as well as summary of appointment requests Page 2 of 33PageE Budget Revisions • Health – 13,14100 – To budget State grant funds to meet the short - term critical infrastructure needs and to make strategic investments which will have lasting effects on local public health departments in NC investments and improvements to foundational capabilities help rebuild and modernize public health departments , positioning local health departments to better serve their communities - 100,00000 – To budget State grant funds to be used for any public health program or purpose , any locally identified need or current health status indicator and to support the delivery of core functions of public health and 10 Essential Public Health Services • Library - 10,78800 – To budget miscellaneous revenue , grants and book sale funds to the correct accounts to finish out the year • Sheriff - 28,23519 – To move revenues Insurance Recovery & Miscellaneous Revenue into appropriate expenditure line items F Tax Releases & Refunds – 1 16 2025 – 02 15 2025 3 Public Comments 4 Public Hearing – Financing of a Portion of the Advanced Manufacturing Training Center in Four Oaks and a Classroom Addition at Cleveland High School The purpose of the public hearing is to solicit public comment on a proposed plan to finance a portion of the construction of the Advanced Manufacturing Training Center in the Town of Four Oaks and a classroom addition at Cleveland High School in a principal amount up to 30,000,000 5 Finance – Resolution Declaring Official Intent to Reimburse Expenditures for Clayton High School Project Staff requests the Board to adopt a resolution declaring official intent to reimburse expenditures for the Clayton High School Project with proceeds of debt The resolution will allow the County to be reimbursed for Clayton High School Project expenditures paid from County funds , if desired , through the proceeds of debt See resolution and capital project ordinance 6 Nursing Home Adult Care Home Community Advisory Board Update The Nursing Home Adult Care Home Community Advisory Board would like to provide an update to the Board of Commissioners 7 Johnston Community College – Discussion for Public Safety Training Positions 8 Delinquent Tax Collection Report 9 Manager Reports and Comments 10 Board Reports and Comments 11 Closed Session If Requested Page 3 of 33PageSpecial Meeting of the Johnston County Finance Corporation NOTICE IS HEREBY GIVEN that there will be a special meeting of the Johnston County Finance Corporation whose membership consists of the Johnston County Board of Commissioners on Monday , March 3 , 2025 immediately following the adjournment of the regular 10 00 am Johnston County Board of Commissioners meeting in the Commissioners Meeting Room of the Johnston County Courthouse , 207 E Johnston Street , Smithfield , North Carolina The purpose of the meeting is to consider a resolution approving the plan to finance a portion of the Advanced Manufacturing Training Center in Four Oaks and a Classroom Addition at Cleveland High School and authorizing the execution and delivery of any and all related documents in connection therewith Staff requests the Finance Corporation to take the following action 1 Adopt a resolution to approve the plan to finance a portion of the Advanced Manufacturing Training Center in Four Oaks and a Classroom Addition at Cleveland High School See resolution in the draft excerpt of minutes LUNCH WITH JOHNSTON COUNTY COOPERATIVE EXTENSION - 12 00 PM Johnston County Agricultural Center 2736 NC Hwy 210 , Smithfield Page 4 of 33PagePage pageNumber5Page 5 of 33PagePage pageNumber6Page 6 of 33PagePage pageNumber7Page 7 of 33PagePage pageNumber8Page 8 of 33PagePage pageNumber9Page 9 of 33Page0Page 10 of 33Page1Page 11 of 33Page2Page 12 of 33Page3Page 13 of 33Page4Page 14 of 33Page5Page 15 of 33Page6Page 16 of 33Page7Page 17 of 33Page8Page 18 of 33Page9Page 19 of 33Page0For Period 1 16 2025 thru 02 15 2025 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 28 2025 10 29 10 AM cfutch 2020 - 107661 2000027422 WORLEY , THOMAS 29131 1 28 2025 10 35 46 AM cfutch 2021 - 107661 2000027422 WORLEY , THOMAS 28784 1 28 2025 10 39 02 AM cfutch 2022 - 107661 2000027422 WORLEY , THOMAS 28784 1 28 2025 10 43 03 AM cfutch 2023 - 107661 2000027422 WORLEY , THOMAS 28091 1 28 2025 10 47 13 AM cfutch 2024 - 107661 2000027422 WORLEY , THOMAS 28091 1 31 2025 11 46 09 AM cfutch 2024 - 121809 2000041301 LEE , RONALD K 24591 2 7 2025 9 31 27 AM ALassiter 2024 - 41128 2000219966 GATLIN , THOMAS LEE 28672 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 16 2025 1 08 28 PM awstancil 2024 - 55639 2000234484 MORRIS , KENNETH HY 1,04109 1 16 2025 1 10 37 PM awstancil 2024 - 68327 2000199770 MORRIS , KENNETH HY 71928 1 16 2025 1 11 47 PM ajsoutherland 2024 - 71872 2000266196 KING , ELLIS LEE JR 17820 1 16 2025 1 27 51 PM ajsoutherland 2024 - 37022 2000155994 GILANTZIS , GEORGE 56763 1 17 2025 8 32 50 AM ONLINE 2024 - 124920 2000194356 STEEL BRIDGE CROSSING , LLC 16524 1 23 2025 3 08 16 PM tmeacomes 2024 - 126641 2000197518 GRAY WOLF PROPERTY , LLC 40500 1 23 2025 3 09 29 PM tmeacomes 2024 - 126643 2000197518 GRAY WOLF PROPERTY , LLC 40500 1 23 2025 3 10 39 PM tmeacomes 2024 - 126653 2000197518 GRAY WOLF PROPERTY , LLC 40500 1 23 2025 3 11 40 PM tmeacomes 2024 - 126635 2000194990 GRAY WOLF HOMES , LLC 40500 1 23 2025 3 13 00 PM tmeacomes 2024 - 118382 2000256021 GRAY WOLF HOMES , LLC 44550 1 23 2025 3 14 41 PM tmeacomes 2024 - 118373 2000194990 GRAY WOLF HOMES , LLC 40053 1 28 2025 10 31 05 AM cfutch 2020 - 107661 2000027422 WORLEY , THOMAS 29131 1 28 2025 10 37 17 AM cfutch 2021 - 107661 2000027422 WORLEY , THOMAS 28784 1 28 2025 10 40 42 AM cfutch 2022 - 107661 2000027422 WORLEY , THOMAS 28784 1 28 2025 10 44 44 AM cfutch 2023 - 107661 2000027422 WORLEY , THOMAS 28091 1 28 2025 10 48 43 AM cfutch 2024 - 107661 2000027422 WORLEY , THOMAS 28091 1 29 2025 2 37 26 PM LOCKBOX 2024 - 70681 2000181554 NORDAN , TYLER A 1,95573 1 30 2025 1 13 42 PM awstancil 2024 - 77242 2000131291 PLAKE , GLEN R 34332 1 31 2025 11 49 10 AM cfutch 2024 - 121809 2000041301 LEE , RONALD K 24591 1 31 2025 12 48 15 PM cfutch 2024 - 123822 2000191207 RRT DEVELOPMENT , LLC 44550 1 31 2025 12 52 25 PM cfutch 2024 - 54854 2000226526 RRT DEVELOPMENT , LLC 68736 1 31 2025 12 59 30 PM cfutch 2024 - 113684 2000230087 PHOENIX LAND VENTURE LLC 3,17031 1 31 2025 1 00 46 PM cfutch 2024 - 99148 2000230087 PHOENIX LAND VENTURE LLC 3,17899 1 31 2025 1 01 55 PM cfutch 2024 - 78107 2000256575 KINSLEY GROUP , LLC 1,66247 1 31 2025 1 13 02 PM ajsoutherland 2024 - 77609 2000213793 MATTAMY HOMES LLC 2,02447 2 7 2025 2 39 47 PM LOCKBOX 2024 - 60852 2000179986 MACDONALD , JAMES A JR 3,74131 2 9 2025 10 55 57 PM PHONE 2024 - 66555 2000262423 STEWART , CENIA J 2,57530 2 9 2025 11 24 43 PM ONLINE 2024 - 98659 2000249948 HAYNES , MORGAN 14831 2 9 2025 11 30 13 PM ONLINE 2024 - 9335 2000196384 BASS , ALEICIA HOLT 31352 2 9 2025 11 30 13 PM ONLINE 2024 - 126767 2000189455 FORD MEADOWS LLC 15605 2 9 2025 11 30 13 PM ONLINE 2024 - 46404 2000181361 HOUSE , JONES HOWARD 28784 2 9 2025 11 30 13 PM ONLINE 2024 - 45819 2000181361 HOUSE , JONES HOWARD 2,80435 2 9 2025 11 30 13 PM ONLINE 2024 - 79609 2000181361 HOUSE , JONES HOWARD 87405 2 10 2025 9 58 12 AM awstancil 2024 - 128040 2000194773 MCKEE HOMES LLC 48858 Page 20 of 33Page12 10 2025 2 49 43 PM LOCKBOX 2024 - 94061 2000245156 HOWELL , CHRISTOPHER S 95352 2 10 2025 2 49 43 PM LOCKBOX 2024 - 83214 2000227235 ROBERTSON , JOHN B II 30096 2 13 2025 3 38 31 PM LOCKBOX 2024 - 56895 2000101240 JEFFCOAT , WILLIAM GEORGE 22617 2 14 2025 9 11 26 AM awstancil 2024 - 126796 2000191207 RRT DEVELOPMENT , LLC 8,10974 North Carolina Vehicle Tax System - Pending Refund Report – January 2025 100 + Payee Name Bill # Transaction Refund Total Change # Reason BANKS , JANET 0081913202 440626688 Situs error 000 PURDIE 20400 5011 6800 22189 CONTRERAS , 0080642826 219685760 Military 17285 MARVIN 3612 ALBERTO 20897 EARP , JOSEPH 0080973421 441140972 Situs error 000 ARTHUR JR 9689 2380 3230 10539 GARCIA 0081824095 440057588 Situs error 000 LOPEZ , 11008 TERESA LYNN 2704 3669 11973 HESTER , TARA 0079490521 438188028 Situs error 001 PARKER 16154 2692 5385 18846 MICHAEL , 0081910237 220028456 Military 17929 JOSEPHINE 3746 MAE 21675 PIKE , BENNET 0057350708 328936665 Mileage 8993 WAGNER 1879 000 10872 WHYTE , 0081102988 438223232 Military 7464 RAMONE 7241 SHANE 1560 3000 19265 WILLIAMS , 0081940933 440323388 Situs error 000 MICHELLE LEE 13335 3275 4445 14505 Page 21 of 33Page2EXTRACT FROM MINUTES OF MEETING BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON , NORTH CAROLINA The Board of Commissioners for the County of Johnston , North Carolina , met in regular session in the Commissioners ’ Meeting Room in the Johnston County Courthouse Annex located at 207 E Johnston Street in Smithfield , North Carolina , at 10 00 am on March 3 , 2025 , with RS “ Butch ” Lawter , Jr , Chairman , presiding The following Commissioners were PRESENT Chairman Lawter , Vice - Chairman Patrick E Harris and Commissioners Michelle Pace Davis , Ted G Godwin , Michael Rose , April Stephens and Bill Stovall ABSENT [ None ] ALSO PRESENT County Manager Rick Hester , Director of Finance and Assistant County Manager J Chad McLamb , Deputy Finance Director – Compliance and Debt Martha Lasater , County Attorney Jennifer J Slusser and Clerk to the Board Dana G Cuddington The Chairman introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT PURSUANT TO UNITED STATES DEPARTMENT OF TREASURY REGULATIONS BE IT RESOLVED by the Board of Commissioners of Johnston County Section 1 The Board hereby finds , determines and declares as follows a Treasury Regulations Section 1150 - 2 the “ Regulations ” , promulgated by the United States Department of Treasury on June 18 , 1993 , prescribes certain specific procedures applicable to certain obligations issued by the County after June 30 , 1993 , including , without limitation , a requirement that the County timely declare its official intent to reimburse certain expenditures with the proceeds of debt to be issued thereafter by the County b The County has advanced and or will advance its own funds to pay certain capital costs the “ Original Expenditures ” associated with financing , in whole or in part , Page 22 of 33Page3 i the design , acquisition , construction , installation and equipping of a new replacement public high school for the existing Clayton High School facility , including the acquisition of necessary land , easements and rights - of - way , ii site development including , without limitation , demolition of any existing structures , iii any and all related utilities relocation and iv any other real and or personal property improvements related to any of the foregoing and v any “ preliminary expenditures ” related to the foregoing architectural , engineering , surveying , soil testing , reimbursement bond issuance and similar costs that are incurred prior to commencement of acquisition or construction , but excluding land acquisition , site preparation and similar costs incident to commencement of construction collectively , the “ Replacement Clayton High School Project ” c The funds heretofore advanced or to be advanced by the County to pay the Original Expenditures are or will be available only on a temporary basis , and do not consist of funds that were otherwise earmarked or intended to be used by the County to permanently finance the Original Expenditures d As of the date hereof , the County reasonably expects that it will reimburse itself for such Original Expenditures with the proceeds of debt to be incurred by the County , and the maximum principal amount of debt to be incurred with respect to the Replacement Clayton High School Project is expected to be 126,000,000 e All Original Expenditures to be reimbursed by the County were paid no more than 60 days prior to , or will be paid on or after the date of , this declaration of official intent The County understands that such reimbursement must occur not later than 18 months after the later of i the date the Original Expenditure was paid ; or ii the date the Replacement Clayton High School Project is placed in service or abandoned , but in no event more than 3 years after the Original Expenditure was paid Section 2 This resolution shall take effect upon its passage Upon motion of Commissioner ________________ , seconded by Commissioner _______________ , the foregoing resolution entitled “ RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT PURSUANT TO UNITED STATES DEPARTMENT OF TREASURY REGULATIONS ” was passed by the following vote Ayes ______________________________________________________ Noes __________________________________________________ I , Dana G Cuddington , Clerk to the Board of Commissioners for the County of Johnston , North Carolina , DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board of Commissioners at a regular meeting held on March 3 , 2025 , as relates in any way to the passage of the resolutions hereinabove referenced , and that said proceedings are Page 23 of 33Page4recorded in Minute Book No __ of the minutes of said Board of Commissioners , beginning at page ____ and ending at page ____ I DO HEREBY FURTHER CERTIFY that the schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to North Carolina General Statutes § 143 - 31812 as of a date not less than seven 7 days before said meeting WITNESS my hand and the corporate seal of said County , this 3rd day of March , 2025 _______________________________ Dana G Cuddington Clerk to the Board of Commissioners for the County of Johnston , North Carolina SEAL Page 24 of 33Page5Page 25 of 33Page6Page 26 of 33Page7EXTRACT FROM MINUTES OF MEETING BOARD OF COMMISSIONERS OF THE COUNTY OF JOHNSTON , NORTH CAROLINA The Board of Commissioners for the County of Johnston , North Carolina , met in regular session in the Commissioners ’ Meeting Room in the Johnston County Courthouse Annex located at 207 E Johnston Street in Smithfield , North Carolina , at 6 00 pm on March 3 , 2025 , with RS “ Butch ” Lawter , Jr , Chairman , presiding The following Commissioners were PRESENT Chairman Lawter , Vice - Chairman Patrick E Harris and Commissioners Michelle Pace Davis , Ted G Godwin , Michael Rose , April Stephens and Bill Stovall ABSENT [ None ] ALSO PRESENT County Manager Rick Hester , Director of Finance and Assistant County Manager J Chad McLamb , Deputy Finance Director – Compliance and Debt Martha Lasater , County Attorney Jennifer J Slusser and Clerk to the Board Dana G Cuddington The Chairman introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION APPROVING INSTALLMENT CONTRACT FINANCING FOR PUBLIC SCHOOL AND COMMUNITY COLLEGE PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 30,000,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH ; AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS , the Board of Commissioners desires to approve a proposed plan of financing in an aggregate principal amount of up to 30,000,000 , which plan would involve the entry by the County into a one or more long - term installment financing contract s with the Johnston County Finance Corporation the “ Corporation ” or one or more other third parties pursuant to North Carolina General Statutes § 160A - 20 , as amended , the proceeds of which would be used to pay all or a portion of the costs of i acquisition , construction , renovation and equipping of one or more Page 27 of 33Page8new buildings to be used as public school or community college facilities in Johnston County , including acquisition of necessary land and rights - of - way , ii any related improvements and iii any “ preliminary expenditures ” related to the foregoing architectural , engineering , surveying , soil testing , reimbursement bond issuance and similar costs that are incurred prior to commencement of acquisition or construction , but excluding land acquisition , site preparation and similar costs incident to commencement of construction collectively , the “ 2025 Projects ” , and under said one or more long - term installment financing contract s the County would secure the repayment by the County of the moneys advanced pursuant to such one or more long - term installment financing contract s by granting a security interest in and lien on all or some portion of the 2025 Projects and or all or some portion of the real property upon which the 2025 Projects are located and or b into one or more short - term installment financing contract s with one or more third parties pursuant to North Carolina General Statutes § 160A - 20 , as amended , the proceeds of which would be used to provide interim financing for all or some portion of the 2025 Projects pending execution and delivery of said one or more long - term financing contract s , and under said one or more short - term installment financing contract s the County would secure the repayment by the County of the moneys advanced pursuant to such short - term installment financing contract s by granting a security interest in and lien on all or some portion of the 2025 Projects and or all or some portion of the real property upon which the 2025 Projects are located ; WHEREAS , as part of said proposed plan of financing , the Corporation may also execute and deliver one or more series of Limited Obligation Bonds in said one or more long - term installment financing contract s in an aggregate principal amount not exceeding 30,000,000 to finance the advancement of moneys to the County pursuant to said one or more long - term installment financing contract s between the County and the Corporation or one or more other third parties ; WHEREAS , as part of the proposed plan of financing for the 2025 Projects , the Board of Commissioners further desires to authorize interim financing for all or some portion of the 2025 Projects in an aggregate principal amount of up to 30,000,000 , which would involve the entry by the County into one or more short - term installment financing contract s with one or more third parties pursuant to North Carolina General Statutes § 160A - 20 , as amended , the proceeds of which would be used to provide interim financing for all or some portion of the 2025 Projects pending execution and delivery of said one or more long - term financing contract s and the related Limited Page 28 of 33Page9Obligation Bonds , if any , and under said one or more short - term installment financing contract s the County would secure the repayment by the County of the moneys advanced pursuant to such short - term installment financing contract s by granting a security interest in and lien on all or some portion of the 2025 Projects and or all or some portion of the real property upon which the 2025 Projects are located ; and WHEREAS , as part of said proposed plan of financing , the Corporation may also execute and deliver one or more series of Limited Obligation Bonds in said one or more short - term installment financing contract s in an aggregate principal amount not exceeding 30,000,000 to finance the advancement of moneys to the County pursuant to said one or more short - term installment financing contract s between the County and the Corporation or one or more other third parties ; WHEREAS , there have been submitted to this meeting draft forms of the following documents the “ Financing Documents ” with respect to the proposed plan of financing for the 2025 Projects 1 an Amendment Number One , proposed to be dated as of [ May 1 ] , 2025 the “ First Contract Amendment ” , to the Installment Financing Contract dated as of July 1 , 2017 the “ Original Contract ” and , as amended by the First Contract Amendment , the “ Contract ” , each between the County and the Corporation as counterparty , pursuant to which the Corporation will advance moneys to the County to finance all or a portion of the 2025 Projects and the County agrees to make periodic installment payments the “ Installment Payments ” to repay the moneys so advanced , with or without interest , as applicable ; and 2 a Supplemental Indenture , Number 1 , proposed to be dated on or about [ May 1 ] , 2025 the “ First Supplement ” , between the Corporation and the trustee named therein , as trustee the “ Trustee ” , which supplements and amends the Indenture of Trust , dated as of July 1 , 2017 the “ Original Trust Indenture ” , between the Corporation and the Trustee , and pursuant to which there are to be executed and delivered the Limited Obligation Bonds County of Johnston , North Carolina , Series 2025 the “ 2025 LOBs ” , the proceeds of which will be used to advance the moneys to the County under the First Contract Amendment ; WHEREAS , the obligations of the County to make Installment Payments and other payments pursuant to the Contract shall constitute limited obligations of the County payable solely Page 29 of 33Page0from currently budgeted appropriations of the County and shall not constitute a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation ; WHEREAS , no deficiency judgment may be rendered against the County in any action for breach of a contractual obligation under the Contract , and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract ; and WHEREAS , the Board of Commissioners desires to approve the Financing Documents and to authorize other actions in connection therewith ; NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , as follows Section 1 All actions taken by or on behalf of the County to date to effectuate the proposed plan of financing , including the selection of Maynard Nexsen PC , as special counsel or bond counsel , are hereby ratified , approved and authorized pursuant to and in accordance with the transactions contemplated by the Financing Documents Section 2 The Board of Commissioners hereby finds and confirms that i the 2025 Projects and the financing thereof by one or more installment financing contracts is necessary and expedient for the County ; ii financing of the 2025 Projects by one or more installment financing contracts , under the circumstances , is preferable to a bond issue by the County ; iii the sums to fall due under said one or more installment financing contracts are adequate and not excessive for their proposed purpose ; iv the County’s debt management procedures and policies are good and its debt will continue to be managed in strict compliance with law ; v the increase in taxes , if any , necessary to meet the sums to fall due under said one or more installment financing contracts will not be excessive ; and vi the County is not in default regarding any of its debt service obligations Section 3 The acquisition , construction and equipping of the 2025 Projects , the financing thereof and the granting of security interests therein , all as provided in the Financing Documents referenced in this Resolution , are hereby ratified and approved Section 4 The First Contract Amendment is hereby approved in substantially the form submitted to this meeting , and each of the Chairman or Vice - Chairman of the Board of Commissioners or the County Manager is hereby authorized to execute and deliver such document in the name and on behalf of the County , with such changes , insertions or omissions as the persons Page 30 of 33Page1executing such document may approve , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2025 LOBs , their execution and delivery thereof to constitute conclusive evidence of such approval The County Clerk is hereby authorized to affix the seal of the County to such document as may be appropriate and to attest to the same Section 5 The First Supplement including the form of 2025 LOBs therein is hereby approved in substantially the form submitted to this meeting , with such changes , insertions or omissions as appropriate , including but not limited to changes , insertions or omissions related to obtaining a policy of municipal bond insurance with respect to the 2025 LOBs , as the representative s of the County executing the First Contract Amendment may approve , the execution and delivery of the First Contract Amendment to constitute conclusive evidence of such approval The Board of Commissioners hereby approves the sale of the 2025 LOBs by the Corporation in an aggregate principal amount not in excess of the amount of moneys to be advanced to the County pursuant to the First Contract Amendment Section 6 Each of the Chairman or Vice - Chairman of the Board of Commissioners , the County Manager and the Director of Finance are authorized to approve all details of the financing of the 2025 Projects , including , without limitation , the amount advanced under the First Contract Amendment and the aggregate principal amount of the 2025 LOBs which shall not exceed 30,000,000 , the maturities , the principal payments amounts and the interest amounts of the Installment Payments and the 2025 LOBs , which interest amounts calculated with respect to the 2025 LOBs shall not exceed [ 60 ] per annum on an effective interest cost basis , the prepayment terms and prices which shall not exceed [ 103 ] of the principal amount being prepaid and , if applicable , the amount of any underwriters ’ discount exclusive of any original issue discount which shall not exceed [ 20 ] of the principal amount of the 2025 LOBs Execution of the First Contract Amendment by the Chairman or Vice - Chairman of the Board of Commissioners or the County Manager shall conclusively evidence such approval of all such details of said financing Section 7 The Chairman or Vice - Chairman of the Board of Commissioners , the County Manager , the Director of Finance and the County Attorney are hereby authorized to take any and all such further action , including approval of modifications to the Financing Documents , and to execute and deliver for and on behalf of the County such other documents and certificates Page 31 of 33Page2 including , without limitation , agreements with securities depositories , financing statements , one or more contracts of purchase or purchase agreements , one or more placement agreements , one or more private placement agreements or other offering documents or memoranda , tax certificates and agreements and other documents and agreements including repurchase agreements relating to the investment of the proceeds from the execution and delivery of the First Contract Amendment as they may deem necessary or advisable to carry out the intent of this resolution and to effect the financing pursuant to the First Contract Amendment and the other Financing Documents The County Clerk is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attest to the same and to execute and deliver the same as may be needed Section 8 The Director of Finance shall prepare and file a sworn statement of debt with the LGC and the Clerk to the Board in accordance with North Carolina General Statutes Section 159 - 150 Section 9 The County covenants that , to the extent permitted by the Constitution and laws of the State of North Carolina , it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986 , as amended the “ Code ” , in order to assure that interest paid with respect to the 2025 LOBs will not be includable in the gross income of the owners thereof for purposes of federal income taxation , except to the extent that the County obtains an opinion of bond counsel to the effect that noncompliance would not result in interest with respect to the 2025 LOBs being includable in the gross income of the owners of the 2025 LOBs for purposes of federal income taxation Section 10 This Resolution shall become effective immediately upon its adoption Thereupon , upon motion of Commissioner _________________ , seconded by Commissioner ________________ , the foregoing resolution entitled “ RESOLUTION APPROVING INSTALLMENT CONTRACT FINANCING FOR PUBLIC SAFETY PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 30,000,000 ; THE EXECUTION AND DELIVERY BY THE JOHNSTON COUNTY FINANCE CORPORATION OF LIMITED OBLIGATION BONDS RELATED THERETO ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH ; AND Page 32 of 33Page3PROVIDING FOR CERTAIN OTHER RELATED MATTERS ” was passed by the following vote Ayes Commissioners_____________________________________________________ Noes _________________________________________________________________ I , Dana G Cuddington , Clerk to the Board of Commissioners for the County of Johnston , North Carolina , DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board of Commissioners at a meeting held on March 3 , 2025 , as relates in any way to the passage of the resolutions hereinabove referenced , and that said proceedings are recorded in Minute Book No ___ of the minutes of said Board of Commissioners , beginning at page ___ and ending at page ___ I DO HEREBY FURTHER CERTIFY that the schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to North Carolina General Statutes § 143 - 31812 as of a date not less than seven 7 days before said meeting WITNESS my hand and the corporate seal of said County , this 3rd day of March , 2025 _____________________________________ Dana G Cuddington Clerk to the Board of Commissioners for the County of Johnston , North Carolina Page 33 of 33Page
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