October 2, 2023 - 10:00 AM - Board of Commissioners Agenda Packet

10 PUBLIC NOTICE OF JOHNSTON COUNTY BOARD MEETING October 2 , 2023 10 00 am The Johnston County Board of Commissioners will meet in Regular Session on Monday , October 2 , 2023 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 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 Consent Agenda Items 8 3 Public Comments 4 Johnston County Cooperative Extension - Proclamation – National 4 - H Week 50 5 Harbor - Proclamation for Domestic Violence Awareness Month 51 6 Public Hearing – Ordinance Amendment – Chapter 10 EMS 52 7 Public Hearing – Residency Redistricting Project 62 8 Fire Chiefs Association – Fire Service Matrix Update 9 Sheriff’s Office – 2023 Edward Byrne Memorial Justice Grant Funds 65 10 Public Utilities – Agreement for the Purchase and Sale of Nitrogen Allocation 66 11 Appointments 77 12 Delinquent Tax Collection Report 13 Manager Reports and Comments 14 Board Reports and Comments 15 Closed Session If Requested Page 1 of 89PageOctober 2 , 2023 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 – August 21 , 2023 ; September 5 , 2023 - 10 00 am and 6 00 pm B Department of Transportation – Additions to System NC DOT is requesting the Board to concur with their recommendation to add the following roads to the State Maintained System Eason Farm Drive - Eason Farm – Wilders Township C Proclamation - Employee Appreciation Week – October 23 - 27 , 2023 Staff requests the Board to adopt a proclamation declaring the week of October 23 - 27 , 2023 as Employee Appreciation Week See proclamation D Town of Pine Level – Appointment to Pine Level Planning Board The Town of Pine Level is requesting the Board to make the following appointments to the Pine Level Planning Board representing the ETJ area of the Town See request Tonia Hill regular ETJ member - 368 East Gordon Rd , Selma term expiring October 31 , 2026 Shannan L Parrish regular ETJ member - 689 Davis Mill Rd , Selma term expiring October 31 , 2026 Jamie Shane Strickland ETJ alternate – 1785 Pine Level - Selma Rd , term expiring October 31 , 2026 E Town of Four Oaks – Appointment to Four Oaks Planning Board The Town of Four Oaks is requesting the Board to make the following appointment to the Four Oaks Planning Board representing the ETJ area of the Town See request Chad Stewart – 121 Dogwood Lane , Four Oaks F Municipal Funding Agreement – Agreement between the Town of Smithfield and Johnston County for the Johnston County Municipal Grant Funding Program for water , wastewater or stormwater projects for the purchase of additional capacity allocation in the amount of 500,00000 See agreement Page 2 of 89PageG Economic Development Incentive Agreement Amendment Amazoncom Services LLC “ Amazon ” requests an amendment to the Economic Development Incentive Agreement , between Amazon and Johnston County , North Carolina , and dated May 10 , 2021 the ” Agreement ” The Agreement contemplates a Final Investment Milestone and a Final Employment Milestone , based on an assumed launch date of Fall 2022 The expected launch date has been delayed due to various macroeconomic issues such as industry - wide supply chain challenges and inflationary pressures that have impacted not only this site but Amazon’s entire network of facilities This facility is now tentatively set to launch in Spring 2024 Given these conditions , Amazon requests an 18 - month extension to the Final Investment Milestone and Final Employment Milestone to June 30 , 2024 and June 30 , 2025 , respectively , via an amendment to the Agreement While Amazon intends to launch the facility in Spring 2024 and hire more than 500 full - time employees as originally agreed upon , given ongoing economic uncertainty and to avoid future amendments , Amazon is requesting a longer extension than the projected completion timeline requires Amazon has currently invested much more than the 100MM minimum capital investment required in the agreement and is current on its tax liabilities to Johnston County This proposed amendment does not change the length of the grant period No grants have been paid under the Agreement at this time and grants will only be paid if all terms of the Agreement as amended are met See amendment H Department of Social Services The Johnston County Department of Social Services is requesting to establish 13 new Income Maintenance positions to address the implementation of Medicaid Expansion effective December 1 , 2023 These positions will focus solely on taking and processing new Medicaid Expansion applications estimated to be 10,300 , processing the new applications and assisting with processing additional Medicaid recertifications Reimbursement for these positions is set at 75 Johnston County has received an additional 149,317 in Medicaid Expansion State Dollars to offset the local match and any startup costs These funds should cover the county expense for the remainder of the current fiscal year The state also reports that additional funding may be available to offset local costs effective December 1 , 2023 The Johnston County Board of Social Services has reviewed and supports this request I Appointments i Firefighter’s Relief Fund Board of Trustees – 2 year terms except where noted in order to create staggered terms For further information , please see the summary of appointment requests One 1 position representing each of the following fire districts - indicates the need for a waiver in the length of service policy Bentonville – Wayne Langston has applied for reappointment Beulah – Douglas R Whitley has applied for reappointment Blackman’s Crossroads - no applications received Brogden - no applications received Corinth - Holder – Carol D Woodard has applied for reappointment Elevation - no applications received 50 - 210 - no applications received Page 3 of 89PageMcLemore - no applications received Meadow - no applications received Micro - no applications received O’Neals - no applications received PI - LE - no applications received Shoeheel - no applications received Strickland Crossroads - no applications received Wilson’s Mills - no applications received Wynn - no applications received ii Fire Protection District Commissions For further information , please see the summary of appointment requests One 1 position representing each of the following fire districts - indicates the need for a waiver in the length of service policy 2 year terms Banner - no applications received Beulah – Eric Boyette has applied for reappointment Corinth - Holder - no applications received Micro – no applications received Nahunta - no applications received Newton Grove – no applications received PI - LE - no applications received Smithfield - no applications received Two 2 positions representing each of the following fire districts - indicates the need for a waiver in the length of service policy 2 year terms Strickland’s Crossroads – no applications received iii Johnston County Heritage Commission – 10 positions ; 2 year term Lettie Inez Best and Ashley Webster have applied for reappointment Ms Webster has served 3 terms on this Board and would require a waiver in the length of service policy James Dana Carter , II has applied for appointment For further information , please see the Board Information Sheet as well as summary of appointment requests iv Tourism Authority – 4 positions ; 3 year term Applicants must be an owner or operator of a hotel , motel , or other taxable tourist accommodation James H Jenkins , Jr , Robert Bob Richie and Kimberly Pickett have applied for appointment For further information , please see the Board Information Sheet as well as summary of appointment requests Page 4 of 89PagePage pageNumber5J Budget Revisions i Health – 38,71345 – To budget Medicaid cost settlement ii Jail – 33398 – To budget revenue into appropriate expenditure line items iii Library - 11,12000 – To move funds to cover expenses iv Sheriff – 35,36806 – To budget revenue Controlled Substance Tax , Miscellaneous Revenue , Sheriff Fees , and Federal Equitable Sharing into appropriate expenditure line items v Social Services - 149,31800 – To budget funds used to hire train staff and build technology infrastructure to prepare for Medicaid expansion while meeting the demands associated with the Continuous Coverage Unwinding CCU This funding is eligible for the Medicaid 75 or 50 federal match , supports only incremental work resulting from Continuous Coverage Unwinding & Medicaid Expansion implementation planning efforts and may not be used to supplant historical county spending Funds were received June of 2023 and need to be carried forward into FY 23 24 vi Social Services - 476,36100 – To budget funds used to offset the FY 23 24 costs incurred by counties as a result of the changes to enhanced Medicaid claiming 75 25 for eligibility and enrollment Funds were received June 2023 and need to be carried forward into FY 23 24 K Tax Releases & Refunds – 08 16 2023 – 09 15 2023 3 Public Comments 4 Johnston County Cooperative Extension - Proclamation – National 4 - H Week the Johnston County Cooperative Extension requests the Board to adopt a proclamation declaring week of October 1 - 7 , 2023 as 4 - H Week See proclamation 5 Harbor - Proclamation for Domestic Violence Awareness Month Harbor is requesting the Board to adopt a proclamation for October 2023 as domestic violence awareness month See proclamation 6 Public Hearing – Ordinance Amendment – Chapter 10 EMS The purpose of the public hearing is to receive public comment on proposed amendments to Chapter 10 – Emergency Medical Services , of the Johnston County Code of Ordinances These amendments are necessary because of the transition of emergency medical services from contracted agencies to Johnston County and updates service provider information Staff respectfully requests the recommended amendments to Chapter 10 - Emergency Medical Services – of the Johnston County Code of Ordinances See proposed amendments 7 Public Hearing – Residency Redistricting Project The purpose of the public hearing is to receive public comment on the proposed plans of the Johnston County Board of Commissioners Residency Redistricting Project See proposed maps Page 5 of 89PagePage pageNumber68 Fire Chiefs Association – Fire Service Matrix Update Cleveland Fire Chief Chris Ellington will update the Board on the Fire Service Matrix 9 Sheriff’s Office – 2023 Edward Byrne Memorial Justice Grant Funds Sheriff Steve Bizzell would like to inform the Board regarding the 2023 Edward Byrne Memorial Justice Grant Funds in the amount of 13,01500 The Sheriff intends to apply for and use the grant funds to purchase weapon mounted illumination devices to enhance officer safety and firearms proficiency for deputy sheriffs See memo 10 Public Utilities – Agreement for the Purchase and Sale of Nitrogen Allocation In March 2022 , the Board of Commissioners approved an agreement with Restoration Systems , LLC for the acquisition of nitrogen offset credits for future wastewater treatment expansion projects In total , the approved agreement releases 27,398 lbs of nitrogen credits to the County over the next seven years Once the contractual amount of nitrogen is released , the County’s allocation will be sufficient to discharge at least 135 MGD , which is the maximum flow in the County’s existing NPDES permit However , the County is seeking approval to increase the NPDES discharge permit to 180 MGD in order to meet future growth demands We will continue to utilize technology to minimize nitrogen discharge to very low concentrations However , since nitrogen is measured on a mass limit lbs , additional allocation will be necessary in order to increase the volume of flow treated and discharged Our consultant for the expanded NPDES discharge permit Dewberry helped identify available nitrogen allocation for purchase and put County staff in contact with International Paper Company IP IP agreed to sell 10,000 lbs of estuary nitrogen allocation to the County at 500 lb The proposed purchase requires the County to purchase the allocation in two installments , as follows • First installment – 2,500,000 for 5,000 lbs upon NCDEQ approval of the transfer • Second installment - 2,500,000 for 5,000 lbs by June 30 , 2024 This allocation , combined with the County’s existing allocation and contracted credits , are sufficient to discharge up to 180 MGD Staff recommends the following revised capital project budget for nitrogen allocation which includes the prior Restoration Systems contract - 10,800,000 Existing Proposed Expenses Nitrogen Nutrient Credit Acquisition 10,800,00000 15,800,00000 Cost of 2021 Revenue Bond Issuance 127,83900 127,83900 Cost of Future Revenue Bond Issuance 127,83900 000 Total Project Cost 11,055,67800 15,927,83900 Funding for the proposed project is as follows 2021 Water Sewer Revenue Bonds 3,373,24000 6,500,00000 2023 Water Sewer Revenue Bonds 2,126,76000 000 FY 23 24 Appropriation from Sewer SDFs 000 2,500,00000 Fund 68 Balance Appropriation for FY 23 24 000 1,427,83900 Future Water Sewer Revenue Bonds 5,555,67800 000 Future SDFs or Fund 68 Balance 000 5,500,00000 Total Project Funds 11,055,67800 15,927,83900 Page 6 of 89PagePage pageNumber7 All remaining unencumbered 2021 Water Sewer Revenue Bond proceeds will be budgeted to this project The proposed 6,500,000 includes an appropriation of 1,637,792 from the “ 16 ” Force Main to Buffalo WWPS ” Construction for “ 16 ” Force Main to Buffalo WWPS ” will be funded at a later date FY 23 24 Appropriation from Sewer SDFs will be reduced if additional remaining funds are available from 2021 Water Sewer Revenue Bond proceeds Staff recommends approval of the proposed “ Estuary Nitrogen Allocation Purchase and Sale Agreement ” between Johnston County and International Paper Company , approval of the revised capital project budget and revised capital project ordinance See memo , agreement , capital project ordinance and budget revision 11 Appointments i Alcoholic Beverage Control Board – 1 position ; 3 year terms Robert Bob Richie , Stephen C Woodard , Jr and D Lee Jackson have applied for appointment For further information , please see the Board Information Sheet as well as summary of appointment requests ii Moccasin Creek Service District Board – 2 positions ; 2 year terms Mayor Jeff Holt has applied for reappointment representing the Town of Pine Level Mayor Holt would require a waiver in the length of service policy Richard D Braswell has applied for reappointment representing the Rural Area of the District Mr Braswell would require a waiver in the length of service policy Debra T Heuertz has applied for appointment For further information , please see the Board Information Sheet as well as summary of appointment requests 12 Delinquent Tax Collection Report 13 Manager Reports and Comments 14 Board Reports and Comments 15 Closed Session If Requested Page 7 of 89PagePage pageNumber8Page 8 of 89PagePage pageNumber9Page 9 of 89Page0Page 10 of 89Page1Page 11 of 89Page2Page 12 of 89Page3Page 13 of 89Page4Page 14 of 89Page5Page 15 of 89Page6Page 16 of 89Page7Page 17 of 89Page8Page 18 of 89Page9Page 19 of 89Page0Page 20 of 89Page1Page 21 of 89Page2Page 22 of 89Page3Page 23 of 89Page4Page 24 of 89Page5Page 25 of 89Page6Page 26 of 89Page7Page 27 of 89Page8Page 28 of 89Page9Page 29 of 89Page0Page 30 of 89Page1Page 31 of 89Page2Page 32 of 89Page3Page 33 of 89Page4Page 34 of 89Page5Page 35 of 89Page6Page 36 of 89Page7Page 37 of 89Page8Page 38 of 89Page9Page 39 of 89Page0Page 40 of 89Page1Page 41 of 89Page2Page 42 of 89Page3Page 43 of 89Page4Page 44 of 89Page5Page 45 of 89Page6Page 46 of 89Page7Page 47 of 89Page8Page 48 of 89Page9Page 49 of 89PagePage pageNumber50Page 50 of 89PagePage pageNumber51Page 51 of 89PagePage pageNumber52Page 52 of 89PagePage pageNumber53Page 53 of 89PagePage pageNumber54Page 54 of 89PagePage pageNumber55Page 55 of 89PagePage pageNumber56Page 56 of 89PagePage pageNumber57Page 57 of 89PagePage pageNumber58Page 58 of 89PagePage pageNumber59Page 59 of 89PagePage pageNumber60Page 60 of 89PagePage pageNumber61Page 61 of 89PagePage pageNumber62Page 62 of 89PagePage pageNumber63Page 63 of 89PagePage pageNumber64Page 64 of 89PagePage pageNumber65Page 65 of 89PagePage pageNumber66Page 66 of 89PagePage pageNumber67Page 67 of 89PagePage pageNumber68Page 68 of 89PagePage pageNumber69Page 69 of 89PagePage pageNumber70Page 70 of 89PagePage pageNumber71Page 71 of 89PagePage pageNumber72Page 72 of 89PagePage pageNumber73Page 73 of 89PagePage pageNumber74Page 74 of 89PagePage pageNumber75Page 75 of 89PagePage pageNumber76Page 76 of 89PagePage pageNumber77Page 77 of 89PagePage pageNumber78Page 78 of 89PagePage pageNumber79Page 79 of 89PagePage pageNumber80Page 80 of 89PagePage pageNumber81Page 81 of 89PagePage pageNumber82Page 82 of 89PagePage pageNumber83Page 83 of 89PagePage pageNumber84Page 84 of 89PagePage pageNumber85Page 85 of 89PagePage pageNumber86Page 86 of 89PagePage pageNumber87Page 87 of 89PagePage pageNumber88Page 88 of 89PagePage pageNumber89Page 89 of 89Page