December 4, 2023 - 6:00 PM - Board of Commissioners Rezoning Agenda Packet

Department: Board of Commissioners Type: Board Minutes Meeting date: Posted: File: December4_Rezoning.pdf

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10 PUBLIC NOTICE OF COUNTY BOARD MEETING December 4 , 2023 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , December 4 , 2023 at 6 00 pm 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 For citizens that would like to address the Board for Public Comment or on any of the cases listed below but have concerns with physically attending the meeting , please email the Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom or call 919 989 - 5100 The meeting will be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comments 3 Public Hearings Rezoning Requests withdrawn by the applicant CASE 23 - 20 - Applicant Raymond Mitchell 4 4 Nonprofit Agency Funding Policy 18 5 Manager Reports and Comments 6 Board Reports and Comments Page 1 of 29PageDecember 4 , 2023 6 00 pm 1 Approval Discussion of Agenda 2 Public Comments 3 Public Hearings Rezoning Conditional Use Requests After each rezoning case is heard , which is a legislative public hearing , the hearing will be recessed and the Board will render a decision CASE 23 - 20 withdrawn by the applicant REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 83 acres located at 14979 NC Highway 39 in the O'Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01022A Owner Emma Doris Mitchell Applicant Raymond Mitchell Conditional Zoning Request Business office and Barber Beauty salon The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption based on the recommendation for approval along with proposed Conditional Zoning District conditions Fact Sheet includes proposed conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board 4 Nonprofit Agency Funding Policy Staff will present a proposed Nonprofit Agency Funding Policy for the Board's consideration Following the presentation , staff requests the Board to take the proposed draft policy and supporting documents under advisement and asks the Board to consider adopting the policy at the January 2 , 2024 meeting See draft policy , application and contract 5 Manager Reports and Comments 6 Board Reports and Comments Page 2 of 29PageNOTICE OF PUBLIC HEARING The Johnston County Board of Commissioners will conduct Rezoning Petition Application Public Hearings for the following cases on Monday , December 4 , 2023 at their 6 00 pm meeting After each rezoning case is heard , the rezoning public hearing , which is a legislative hearing , will be recessed and the Board will render a decision These hearings will be held in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , North Carolina If there are any citizens that would like to address the Board regarding any of the cases listed below but have concerns with physically attending the meeting , please email those concerns to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom or call 919 989 - 5100 The meeting will be live streamed through YouTube at https wwwyoutubecom jocogovnc CASE 23 - 20 Rezoning Petition Petition to rezone 83 acres located at 14979 NC Highway 39 in the O'Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01022A Owner Emma Doris Mitchell Applicant Raymond Mitchell Conditional Zoning Request Business office and Barber Beauty salon The public may obtain additional information on the above rezoning cases through the Johnston County Planning and Zoning Department located at 309 E Market Street , Smithfield , North Carolina between the hours of 8 00 am and 5 00 pm , Monday through Friday , or call 919 - 989 - 5150 RS " Butch " Lawter , Jr , Chairman Johnston County Board of Commissioners Page 3 of 29PageFACT SHEET CONDITIONAL ZONING CASE 23 - 20 Rezoning Petition Petition to rezone 83 acres located at 14979 NC Highway 39 in the O'Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01022A Owner Emma Doris Mitchell Applicant Raymond Mitchell Conditional Zoning Request Business office and Barber Beauty salon … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Corinth Holders Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned Agricultural Residential AR and is used for those purposes ? Surrounding Land Uses Zoned AR and used for residential and agricultural purposes Zoned GB - CZ and used for a landscaping supply business and zoned GB - CZ and used as a storage building display site … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC Highway 39 is 5,200 vpd 2021 This portion of NC Highway 39 appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a " Rural Living " future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 6 ? If approved , only one driveway will be permitted as the driveways do not meet spacing requirements A driveway permit must be obtained by NCDOT STAFF RECOMMENDATION Approval , based on the very low level of activity this will create and the several conditional zonings that were approved in the immediate area recently This is also very close to the Wake County line … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? One person spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 23 - 20 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan section LU - 2 It states that in select locations , consider allowing compact communities as an option based on a request from Page 4 of 29PagePage pageNumber5applicants Commercial development in unincorporated areas , may consist of retail , restaurants , services , and office uses that serve the population of the immediate area Also , in the Vision area of the plan , it states that rural businesses and home based businesses may be a part of the mix of uses in an agricultural area … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The business structure that is proposed is a concrete building which is neatly landscaped and organized to complement the families residential structure to which it is adjacent It will be operated on a daily basis for business with a daytime schedule and limited traffic to continue to protect the general welfare of all 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Given the location of the property in a rural area , local citizens as well as new community members in developing neighborhoods along the highway in growth areas will have access to office space needed services in the local area 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The family has occupied this area and land for several generations and plan to continue to cultivate the farm land in the adjacent areas as well as provide access to needed services in the local community which would contribute to economic development 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant With the recently adopted Envision Johnston , the county's comprehensive land use plan , will serve as the backdrop for the development As long term residents of the area , we seek to preserve the farm land adjacent to the property while providing opportunity for economic growth and development for a local entrepreneur Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant Within the conditional zoning district , an office and building space will be established that will serve as an office space for a local entrepreneur who needs a convenient space to operate a business or a local barber beauty salon The family has long inhabited this area and will maintain a neat landscape which will complement the existing and adjacent areas The business will be operated during normal business hours 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant The conditions proposed as outlined in this application and on the accompanying site plan outlines a structure , which will be used for local business operation Page 5 of 29PagePage pageNumber6The business will observe normal business hours Our family has owned the property and adjacent land for generations and want to continue to preserve and cultivate the land attached to the property while providing a business structure for a local entrepreneur to operate according to established guidelines no loitering , excessive noise , etc The business structure will allow for individual economic development without impacting the residential area The building is equipped with necessary exits and equipment needed for safety to include a fire extinguisher and smoke detectors There is clear and open access to one highway and ample parking for the said use of the property We wish to use the building as an office space or as a barber beauty salon Conditions 1 The following uses shall be permitted Business office or Barber beauty salon Proposed by applicant 2 Hours of operation shall be 7 am until 7 8 pm Monday - Saturday 3 Limited to 5 business employees using building at any given time 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 NCDOT driveway permit must be obtained along with any roadway improvements 6 One driveway must be eliminated according to NCDOT due to not meeting minimum spacing requirements , unless driveways are converted to one entrance and one exit 7 Driveway access must meet Fire Department standards 8 The development shall conform to all requirements of the Johnston County Land Development Code 9 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 10 A Class B landscape buffer shall be installed along all rezoning lines Existing vegetation may be used 11 All signage shall comply with the Johnston County sign code 12 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Items in bold were changed by the Planning Board during the meeting Page 6 of 29PagePage pageNumber7Planning Board Minutes Case 23 - 20 October 17 , 2023 Rezoning Case 23 - 20 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01022A Owner Emma Doris Mitchell Applicant Raymond Mitchell Location 83 acres located at 14979 NC Highway 39 in the O'Neals Township Conditional Zoning Request Business office and Barber Beauty salon Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Marr stated that if approved , NCDOT would require one of the existing driveways to be removed and must obtain a driveway permit Ms Vanessa Barnes , 14979 NC HWY 39 , Zebulon , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Raymond Mitchell was also present to answer any questions Ms Barnes stated that they want to keep the existing building on the subject property to provide the said service in the area Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Ms Holmes asked about the hours of operation and if that would be enough time if they have a barber shop or beauty salon or did the hours of operation need to be later Ms Holmes stated that if there were any changes wanted in the conditions , the Applicant needed to ask for them at this time Mr Mitchell requested that the hours of operation be extended to 8 pm Ms Barnes stated that there is already lighting on the property Mr Sasser asked Mr Mitchell and Ms Barnes about the one driveway requirement Mr Mitchell and Ms Barnes stated that it was an existing circular driveway and asked if they would need to close one end The Board confirmed and Chairman Letchworth stated that it was in the conditions as well as a requirement of NCDOT Mr Little recommended that the Applicant speak with NCDOT since it is a circle driveway and ask about the one driveway as an entrance and one driveway as an exit with appropriate signage Page 7 of 29PagePage pageNumber8Chairman Letchworth asked Mr Little if he recommended removing that condition from the list of proposed conditions Mr Little stated he would recommend removing the condition Mr Little stated he assumed it was a circle driveway for safety reasons and not wanting to back out onto the highway considering the traffic level Mr Little stated a driveway circular in nature would be a lot safer Mr Mitchell and Ms Barnes agreed Ms Holmes stated that they would revise condition # 2 to 8 pm and eliminate condition # 6 Mr Newton stated that instead of eliminating condition # 6 , that condition # 6 be addressed through the driveway permit application process with requesting an entrance only and exit only driveway Mr Marr stated the whole site plan would have to be approved if the rezoning petition is approved by the County Commissioners Mr Hudson asked how many years had it been a circular driveway Mr Mitchell responded forever Ms Holmes asked Mr Newton if he knew why NCDOT was considering it as two separate driveways Mr Newton responded that he would speculate that NCDOT wanted to eliminate one the existing driveways due to the potential of increased traffic generated by the rezoning petition Mr Little stated that NCDOT is concerned if the use changes Mr Newton stated that amending condition # 6 to allow for the possibility of entrance only and exit only access to keep the two existing driveways would be ideal Mr Newton stated that the site is limited on parking , the location of the on - site septic system , and the ability to turn around on the property to prevent backing out on HWY 39 are all things to consider Chairman Letchworth suggested that condition # 6 be revised to state unless driveways are converted to one entrance and one exit Ms Barnes asked if they needed to contact NCDOT for a driveway permit and Mr Marr about the additional site plan Chairman Letchworth confirmed Mr Mitchell stated that it would be nice if they could keep the circular driveway Page 8 of 29PagePage pageNumber9Chairman Letchworth stated that condition # 6 would be revised to one driveway must be eliminated according to NCDOT due to not meeting minimum spacing requirements , unless driveways are converted to one entrance and one exit There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval based on the very low level of activity this will create and the several conditional zonings that were approved in the immediate area recently and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 23 - 20 with a revision to condition # 2 hours of operation from 7 am to 8 pm , Monday - Saturday and with a revision to condition # 6 adding " , unless driveways are converted to one entrance and one exit " , seconded by Mr Little , Rezoning Case 23 - 20 was recommended for approval by a unanimous vote of 8 - 0 at the October 17 , 2023 Planning Board Meeting Rezoning Case 23 - 20 will be heard by the Board of County Commissioners at their December 4 , 2023 meeting Conditions 1 The following uses shall be permitted Business office or Barber beauty salon Proposed by applicant 2 Hours of operation shall be 7 am until 7 8 pm Monday - Saturday 3 Limited to 5 business employees using building at any given time 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 NCDOT driveway permit must be obtained along with any roadway improvements 6 One driveway must be eliminated according to NCDOT due to not meeting minimum spacing requirements , unless driveways are converted to one entrance and one exit 7 Driveway access must meet Fire Department standards 8 The development shall conform to all requirements of the Johnston County Land Development Code 9 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 10 A Class B landscape buffer shall be installed along all rezoning lines Existing vegetation may be used 11 All signage shall comply with the Johnston County sign code 12 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Items in bold were changed by the Planning Board during the meeting Page 9 of 29Page0Page 10 of 29Page1Page 11 of 29Page2Page 12 of 29Page3Page 13 of 29Page4 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6334 - 1 in 52782 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling October 9 , 2023 Powered by TCPDF wwwtcpdforg Page 14 of 29Page523 - 20 Ortho 01 24 2023 - 02 24 2023 Page 15 of 29Page623 - 20 Page 16 of 29Page7RESOLUTION FOR CASE NUMBER 23 - 20 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 11M01022A located at 14979 NC Hwy 39 in O'Neals Township , from General Business - Conditional Zoning GB - CZ WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a Rural businesses and home based businesses may be a part of the mix of uses in an agricultural area 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that provides a community based service , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 4th day of December , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 17 of 29Page8Johnston County Nonprofit Agency Funding Policy I Purpose The purpose of this policy is to promote partnerships between Johnston County and nonprofit agencies for the benefit of Johnston County residents to improve the quality of life for its citizens , seek efficiency in service delivery , and ensure transparency , accountability , consistency , and adherence to best practices II Coverage The focus of this policy is on meeting the needs of county residents by providing funding to nonprofit agencies to support the delivery of needed services or programs that the county is not able to or does not provide or that the agency can deliver more effectively , efficiently , or equitably The funding is intended to support the delivery of services and programs Capital construction or capital improvement projects may be eligible if the agency provides matching funds which may include in - kind donations calculated as dollar amounts , the project is complete at the end of the grant , and the project provides a facility that is open to the public on a nondiscriminatory basis This policy is applicable to funding requests for support from nonprofit agencies that serve the citizens of Johnston County III Policy A Eligibility Johnston County does not fund start - up agencies All agencies that apply for funding must have been in operation for at least three 3 years prior to being considered for a grant award Agencies may not apply for funding for the same program from different county funding sources Any expenditure of funds appropriated by the county must satisfy the North Carolina Constitution's public purpose requirement and must be spent on projects , programs , or services that Johnston County has the authority to directly provide according to statutory authority NC Constitution Article V , Section 2 1 ; NCGS § 153A - 449 Page 18 of 29Page9For purposes of this policy , qualified agencies serving Johnston County are defined as those having 501 c 3 designations and meeting the legal requirements of the State of North Carolina , the Internal Revenue Service IRS , and the County of Johnston and which use locations within Johnston County for its primary service place , have an office in Johnston County , have a significant impact on Johnston County residents in its service population , and or conduct a substantial number of their activities in Johnston County Exceptions Requirements for agencies receiving pass - through funding or funding assistance through a specific appropriation , fund , grant , or program outside of a request for general funding assistance may differ from those required under this policy , and will be determined by the county based on the specific appropriation , grant , or program requirements B General Funding Assistance Nonprofit agency funding is intended to provide time - limited funding for qualified agencies that provide services the County is legally permitted to fund A funding award in one year is not a guarantee of future funding Agencies should refrain from requesting support for permanent personnel and other ongoing expenses Priority will be given to applications that most closely align with Board of Commissioners priorities established in a given funding cycle Notwithstanding the foregoing , the Board reserves the right to authorize funding to qualified nonprofit agencies in its sole discretion C Application Process Applications will be available by February of each fiscal year Notification will be posted on the Johnston County website , including the application , evaluation criteria , and timelines The applications will collect information and be evaluated based on i Alignment to Johnston County goals and funding priorities ; ii Public purpose and community need ; iii Impact and cost - effectiveness of program s , service s , or project s to be provided ; iv Type of program s , service s , or project s provided , the estimated number of residents to be served , outcomes to be achieved , and specific metrics that can be used by Johnston County to evaluate the success of the program s , service s , or project s funded by Johnston County and their desired outcomes ; v Performance outputs , outcomes and demonstrated success ; Page 19 of 29Page0 vi Capability and ability to complete or provide the proposed program s , service s , or project s vii Other sources of revenue funding to support the program s , service s , or project s ; viii Agency financial health and sustainability ; ix Tax - exempt documentation demonstrating nonprofit status , current annual certified audit or financial review , and a board member roster to ensure compliance with applicable laws All agencies must adhere to the accountability standards set by the Board of Commissioners , including complying with all financial and performance measurement requirements and terms of contracts , including meeting all deadlines An application may not be considered if the application packet is incomplete or is submitted after the established deadline An organization's receipt of funding in a prior year will not be a determining factor in the recommendation process Each year is evaluated independently of any prior year's funding decisions Therefore , an award for one year is not a guarantee of funding in any future year s D Funding Amount and Approval The Johnston County Board of Commissioners reviews and approves all recommendations for county funding These amounts may differ from the recommended funding Pursuant to NCGS § 14 - 2343 , members of the Johnston County Board of Commissioners shall not participate in contracts benefiting nonprofits with which they are associated IV The Recommendation Process County staff will review applications and make recommendations for funding County staff serving on agency boards may not participate in the review process for the affiliated applicant The County Manager reviews all funding recommendations and has the authority to make a different recommendation to the Board of Commissioners V Distribution of Funds , Reporting , and Compliance Upon Board of Commissioner approval , agencies will be notified of their funding awards All funded agencies are required to sign a contract prior to receiving funding Funding will not be released until the signed contracts are approved and executed by both parties Page 20 of 29Page1Funds distributed by Johnston County may only be spent as indicated in the nonprofit application and contract for which funds were awarded , or as otherwise approved by the Board of County Commissioners Johnston County funding distributed to nonprofit organizations may not be used for political activity Funded organizations may be subject to on - site monitoring visits by County Staff as well as a comprehensive County internal audit The reporting and monitoring requirements will be specified in the contract Johnston County reserves the right to recapture funds not utilized according to this policy Page 21 of 29Page2JOHNSTON COUNTY NONPROFIT AGENCY FUNDING GRANT Fiscal Year 2024 - 2025 Application Due March 8 , 2024 by 3 00 pm ORGANIZATION NAME _________________________________________ TAX ID NUMBER ______________________________________________ ADDRESS ______________________________________________________ _________________________________________________________________ _________________________________________________________________ CONTACT PERSON _____________________ TITLE _____________________ PHONE # ______________________________ FAX # _______________________ EMAIL ADDRESS __________________________________________ AGENCY FISCAL YEAR month year ________________________ CONTACT NAME ____________________________ PHONE # _________________________ CONTACT EMAIL ______________________________________ COUNTY FUNDS REQUESTED FOR FY 2024 - 2025 __________________________ IS THIS INITIAL FUNDING ? YES ? NO Please return the completed form and accompanying information to Johnston County Finance Office 207 E Johnston Street , B - 207 Post Office Box 1049 Smithfield , NC 27577 Electronically pamradford @ johnstonnccom Application Due Date March 8 , 2024 by 3 00 pm Page 22 of 29Page3Instructions ? To be considered for grant funding , the organization must complete the application in its entirety ? Please be sure that all supporting schedules are provided with the application ? Successful grant applicants must execute a contract with Johnston County subsequent to the award of grant funding A draft copy of this agreement is provided for your review A finalized contract will be prepared and signed once the appropriation is approved and the County Budget has been formally adopted ? Please be sure the application is signed certifying that you have read and agree with the contract ? Return the application & required documentation in one of the following ways 1 Electronically via email to pamradford @ johnstonnccom 2 Mail to Johnston County Finance Office Post Office Box 1049 Smithfield , NC 27577 3 Drop off at Johnston County Finance Office 207 E Johnston Street , B - 207 Smithfield , NC 27577 ______________________________________________________________________________ APPLICATION CHECKLIST Please ensure that the following required attachments are included ? Article of Incorporation and Corporate Bylaws ? Copy of IRS tax - exempt status determination letter a notarized copy of IRS Form 1023 will be accepted from organizations that have completed the form and submitted to the IRS but will have not yet received a determination letter ? Copy of most recently filed IRS Form 990 ? Copy of most recent independent audit or financial report if no audit or financial report is available there must be an explanation as to why one is not available ? Agency organization chart ? List of all board members name , address , term , office ? Schedule of Board Meeting dates and time for fiscal year ? Copy of the Organization's Mission Statement Page 23 of 29Page41 Agency Special Project Name ___________________________________________ 2 Amount of Special Project Request _______________________________ 3 Description of project Description must include public purpose , community need , type of program s , service s , or project s provided , estimated number of Johnston County residents to be served , impact and cost effectiveness of program s , service s , or project s provided , intended results , and how results will be measured Attach additional sheets if necessary 4 Summary of sources and amounts of funding of project for the past three years 2021 2022 2023 Federal State County Other Total Page 24 of 29Page55 Summary of expenditures for the project for the past three years Summary of Expenditures by Type Fiscal Year Ending _______________ Month & Day Actual Estimated Budget 2021 2022 2023 Salaries & Benefits Operating Expenses Capital Outlay Other Total 6 Is the project annual ? Yes ? No 7 FY _____ Detail Budget for event funding , provide a complete detailed budget , including income , expenditures , and anticipated revenue For capital administrative operational grants , provide total operating budget for the organization Budget Revenues Expenditures Source Amount Use of Funds Amount Tourism Grant Salaries & Fringe Benefits State Grant Federal Grant Operating Expenses Other specify Advertising Supplies Professional Services Other specify Capital Outlay New Equipment Total Revenues Total Expenditures Page 25 of 29Page68 Does the Organization Agency receive any tax funding ? Yes ? No If yes , how much ______________________ 9 Does the Organization Agency receive funding from a foundation s ? Yes ? No If yes , how much ______________________ 10 What is the Organization Agency annual budget ___________________________ 11 Name and Address to Appear on Reimbursement Check 12 Number of Employees ______ Full - Time _______ Part - Time ___________ Temporary 13 Please provide the names and titles of personnel in your organization responsible for authorizing disbursement of funds ____________________________ _________________________________ ____________________________ _________________________________ ____________________________ _________________________________ 14 Do these individuals sign checks ? Yes ? No If No , who does ________________________________ Are they bonded ? Yes ? No Bonded amount ________________________ I certify that the above information is true and correct to the best of my knowledge I further certify that I have reviewed and accept the terms of the attached contract , if funding is approved Signature of Agency Director Date Page 26 of 29Page7CONTRACT NORTH CAROLINA JOHNSTON COUNTY This AGREEMENT made and entered into this day of , 20 , by and between County of Johnston , North Carolina , hereinafter referred to as the " COUNTY " , and , hereinafter referred to as the " AGENCY " WITNESSETH WHEREAS , the AGENCY has requested certain funds from the COUNTY to carry out its programs and activities as presented in the request for funding ; and WHEREAS , in response to such request , the Board of County Commissioners has appropriated the sum of for the period July 1 , 20 through June 30 , 20 to support this purpose ; said sum being derived from County funds ; and WHEREAS , it is desirable and necessary to enter into this AGREEMENT in order to set forth the terms and conditions for receiving said funds from the COUNTY NOW THEREFORE , in consideration of the following , the parties hereto do mutually agree as follows 1 AGENCY agrees and understands that the amounts appropriated by the Board of County Commissioners may change at any time and therefore COUNTY is not obligated to provide to the AGENCY all or any of the funds set forth in this AGREEMENT 2 The AGENCY agrees to use the funds appropriated and provided by the COUNTY in the manner and for the purposes as presented in the request for funding submitted to the COUNTY or as otherwise approved by the County , which are incorporated by reference into this AGREEMENT 3 In consideration for the performance by the AGENCY of the services presented in the request for funding , which is hereby incorporated by reference , the COUNTY agrees to pay the AGENCY up to the amount of money authorized in the Johnston County Budget , as may be amended from time to time , for the grant period Payment of such amount shall be made in increments and frequency solely determined by the COUNTY Payments will only be made upon receipt of all necessary documentation from the AGENCY including financial or audit reports for the prior year While not required of the COUNTY , the COUNTY seeks to make any payments on the following schedule a Funds will be disbursed upon receipt of the Request for Disbursement form b If the request is to cover a one - time funding or other project with restrictions ie , bricks and mortar only project a Request for Disbursement form or similar recap document along with copies of paid invoices is to be submitted The request for reimbursement is to be net of all sales taxes paid c Failure of the AGENCY to file timely the necessary financial or audit reports for the prior year may have their funds held until the requirement is met 4 If the AGENCY fails to perform its obligations under this AGREEMENT , or if the AGENCY violates any of the provisions of this AGREEMENT , the COUNTY shall have the right to immediately terminate this AGREEMENT by giving written notice to the AGENCY of such termination In such event , all funds paid to the AGENCY shall be refunded pro rata to the COUNTY The AGENCY shall be fully liable to the COUNTY for all improperly expended funds The COUNTY may additionally terminate this AGREEMENT without cause upon thirty 30 days advance notice to the AGENCY Page 27 of 29Page85 The AGENCY shall not assign any interest in this AGREEMENT and shall not transfer any interest in this AGREEMENT without prior written approval of the COUNTY 6 In connection with the performance of this AGREEMENT , the AGENCY shall not discriminate against any employee , applicant for employment , or program participant because of race , religion , color , sex , age , handicap , or national origin 7 The AGENCY shall maintain all accounts , books , ledgers , journals , and records in accordance with generally accepted accounting principles , practices and procedures 8 The AGENCY shall submit to the Johnston County Finance Office annually a status report of all program activities including a summary of the accomplishment of stated goals and objectives 9 AGENCY annual financial reporting Unless otherwise approved in writing by the County Finance Officer the following annual reports are required a If COUNTY funding exceeds 25,000 the AGENCY shall have an audit of its financial records and operations performed by an independent certified public accountant every three years and financial report compilation every other year year 1 - compilation , year - 2 compilation , year 3 - audit with a copy of such compilations and audit being submitted to the Johnston County Finance Office b If COUNTY funding is 25,000 or less the AGENCY shall provide an annual financial statement completed by an independent accountant or certified public accountant c Financial reports shall be approved by the AGENCYs Board of Directors d The audit or financial report shall be submitted to the COUNTY by April 1 , 2024 e The COUNTY shall be entitled to audit review the financial records and operations of the AGENCY at the COUNTYs discretion 10 The COUNTY shall be entitled to conduct program evaluations of the AGENCYs activities particularly as it relates to the accomplishments of established goals and objectives and the quality and impact of services being delivered 11 All books and records shall be maintained by the AGENCY for a period of at least three years from the date of the final payment under this AGREEMENT and shall be made available for audit or evaluation upon request during regular business hours of the AGENCY 12 Meetings of the AGENCYs Board of Directors , Advisory Board or Governing Board should be open to the public 13 As a condition of receiving funds from Johnston County , the AGENCY agrees to fully indemnify and hold harmless COUNTY , its officers , agents and employees from and against any and all claims , demands , payments , suits , actions , costs , recoveries and judgments of every kind and description brought out of or occurring in connection with , directly or indirectly , activities funded in part or in whole with funds made available under this AGREEMENT 14 The COUNTY is in no way responsible for the administration and supervision of the AGENCYs officers , employees , and agents , which persons it is agreed are not officers , employees , or agents of the COUNTY 15 This AGREEMENT may only be amended by written amendments mutually agreed upon by and between the COUNTY and AGENCY Page 28 of 29Page916 This AGREEMENT shall be interpreted in accordance with North Carolina law IN WITNESS WHEREOF , the parties hereto have caused this AGREEMENT to be executed in their names by their duly authorized officers , their seals to be hereto affixed the day and year first above written ATTEST JOHNSTON COUNTY Dana G Cuddington Rick J Hester Clerk to the Board County Manager This Agreement has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act J Chad McLamb County Finance Officer ATTEST AGENCY Chairman of the Board Page 29 of 29Page
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