June 5, 2023 - 10:00 AM - Board of Commissioners Agenda Packet

10 PUBLIC NOTICE OF JOHNSTON COUNTY BOARD MEETING June 5 , 2023 10 00 am The Johnston County Board of Commissioners will meet in Regular Session on Monday , June 5 , 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 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 9 3 Public Comments 4 Department of Social Services – Proclamation for Elder Abuse Awareness Day 74 5 Public Hearing – Economic Development Incentive Grant – Project Life Dust 6 Public Hearing – Proposed Budget for Fiscal Year 2023 - 2024 7 Public Hearing – Public Utilities – System Development Fee Analysis 8 Inspections – Contract for Permitting and Land Management Software 75 9 Planning Department – Metropolitan Planning Organization 10 Public Utilities – Financial Presentation - Davenport 11 Finance – Resolution Approving the Execution and Delivery of Up to 85,000,000 Water and Sewer Revenue Bonds of the County 118 12 Public Utilities – Holt Lake Force Main & WWPS Upgrade 189 13 Public Utilities – Smithfield North Booster Pump Station Upgrade 193 14 Public Utilities – 210 WWTF Diversion Projects – Proposed Capital Project Budget 199 15 Appointments 204 16 Delinquent Tax Collection Report 17 Manager Reports and Comments 18 Board Reports and Comments 19 Closed Session If Requested Page 1 of 208PageJune 5 , 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 – May 1 , 2023 10 00 am & 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 Ray Drive – Twin Oaks – Smithfield Township C Finance – Approval of Audit Contract for Year Ending June 30 , 2023 The County’s current auditors , Thompson , Price , Scott , Adams & Co , have submitted a proposed contract to audit the records of Johnston County for the year ending June 30 , 2023 Their fee is proposed at 83,275 See proposed contract Staff is requesting the Board to approve entering into the contract with Thompson , Price , Scott , Adams & Co to audit the records of Johnston County for year ending June 30 , 2023 D Celebrate Cleveland Committee – Request for Temporary Road Closure The Celebrate Cleveland Committee is requesting the Board’s approval to temporarily close Cleveland Road on July 4 , 2023 from 10 00 am until approximately 10 45 am for the annual th Cleveland July 4 Parade route The Celebrate Cleveland Committee is working with the NC Department of Transportation , the Johnston County Sheriff’s Office , and the North Carolina Highway Patrol concerning the temporary closure and will be obtaining all required permits and a liability insurance policy for the event The NC Department of Transportation requires the approval by the Johnston County Board of Commissioners as part of the permit process See letter E Call for Public Hearing – Fire District Boundary Revisions Johnston County Emergency Services request the Board to schedule a Public Hearing for June 19 , 2023 at 6 00 pm to allow for public comment on revisions to the fire district boundaries F Minutes Transcription Services Contract Extension In October 2021 , the Board approved a contract for minutes transcription services Staff requests the Board to approve an extension of the contract through June 30 , 2024 There are no changes to the terms of the contract as approved in October 2021 See contract Page 2 of 208PageG Veterans Services Advisory Board – Replacement of Board Members The Johnston County Veterans Services Advisory Board met on a regularly scheduled meeting on January 10 , 2023 and for a special advisory meeting on May 15 , 2023 in regards to violations of the attendance policy The Johnston County Board of Commissioners received notice from the Johnston County Veterans Services Advisory Board that Ray Johnson and Johnnie Deans are in violation of the attendance policy set by the Board of Commissioners Notice was mailed to said members and it is recommended that Ray Johnson and Johnnie Deans be replaced on the Veterans Services Advisory Board and these vacancies be advertised See letter H Approval of Municipal Funding Agreement between Town of Benson and Johnston County On January 6 , 2023 , the Johnston County Board of Commissioners approved a municipal funding request from the Town of Benson for its Elevated Storage Tank Project in the amount not to exceed 500,00000 for project costs actually incurred and paid by the Town of Benson for the Project Staff was directed to prepare funding agreements that outlined the terms and conditions for the funding of each project on a reimbursement basis The funding agreement was prepared as directed as has been approved by the Town of Benson Staff respectfully requests approval of the attached Municipal Funding Agreement See agreement I Approval of Municipal Funding Agreement between Town of Princeton and Johnston County On January 6 , 2023 , the Johnston County Board of Commissioners approved a municipal funding request from the Town of Princeton for its Beaver Dam Creek Rehabilitation Project in the amount not to exceed 445,22800 for project costs actually incurred and paid by the Town of Princeton for the Project Staff was directed to prepare funding agreements that outlined the terms and conditions for the funding of each project on a reimbursement basis The funding agreement was prepared as directed as has been approved by the Town of Princeton Staff respectfully requests approval of the attached Municipal Funding Agreement See agreement J Johnston County Detention Center – 179 - D Allocation The federal government makes certain tax deductions available to designers of government buildings that incorporate energy efficient design strategies Moseley Architects is eligible for such benefits for the Johnston County Detention Center Staff respectfully requests approval of the County Manager signing the attached Government Building Primary Designer Acknowledgement form See letter and acknowledgement K Sheriff’s Office – Request to Surplus Vehicles and Schedule Public Auction Johnston County Sheriff Steve Bizzell is requesting the Board to surplus the following vehicles and approve for them to be sold at public auction by Randy Wester Auction Company on Saturday , July 15 , 2023 at 10 00 am The auction will be held at the Johnston County Sheriff’s Fleet Services building located at 60 Shelter Way in Smithfield See memo Year Make Model VIN Mileage 1 2011 FORD CROWN VICTORIA 2FABP7BV8BX149580 132,373 2 2011 CHEVROLET SILVERADO 1GCRKSE37BZ231220 164,203 3 2012 CHEVROLET TAHOE 1GNSKBE00CR289198 172,716 4 2014 CHEVROLET IMPALA 2G1125S31E9260318 129,408 5 2015 DODGE CHARGER 2C3CDXAT7FH876768 133,963 6 2015 DODGE CHARGER 2C3CDXATXFH880801 130,044 7 2016 DODGE CHARGER 2C3CDXAT9GH303663 148,046 Page 3 of 208Page8 2016 DODGE CHARGER 2C3CDXAT6GH303667 143,852 9 2016 DODGE CHARGER 2C3CDXAT8GH219012 147,747 10 2016 DODGE CHARGER 2C3CDXATXGH303669 137,180 11 2017 HONDA PILOT 5FNYF5H32HB005436 151,062 12 2019 DODGE CHARGER 2C3CDXAT2KH568305 110,305 13 2019 DODGE CHARGER 2C3CDXAT8KH568311 138,166 NOTES Items # 3 and # 11 were purchased with federal forfeiture funds , and proceeds from the sale of these vehicles must be credited back to the appropriate revenue line item in the Sheriff’s Office budget Item # 9 was purchased with federal SCAAP funds , and proceeds from the sale of this vehicle must be credited back to the appropriate line item in the Jail budget L Emergency Services - Request to Surplus Vehicles Emergency Services requests the Board to declare the following vehicles surplus and approve for them to be sold at the next public auction to be scheduled by the Sheriff’s Office See memo 1 Fleet # 205 - 2008 Ford F - 250 VIN 1FTSX21528EC16814 Mileage 176,000 2 Fleet # 209 - 2012 Chevrolet Tahoe VIN 1GNSK2E00CR253155 Mileage 211,121 3 Fleet # 210 - 2004 Ford Expedition VIN 1FMRU13W54LB82201 Mileage 170,998 4 Fleet # 223 - 2016 Ford Expedition VIN 1FMJK1GT9GEF03605 Mileage 254,472 5 Fleet # 222 - 2008 Ford Crown Victoria VIN 2FAFP71V98X166366 Mileage 126,941 M Budget Revisions • Heritage Center - 40,00000 – To budget monies to Heritage Center to cover lost revenues and replenish fund balance due to COVID pandemic • Health - 6,27000 – To budget diaper grant donations for pack and plays and diapers from various organizations and individual donations • Jail - 6713 – To move revenues into appropriate expenditure line items • Sheriff - 23,28814 – To move revenues into appropriate expenditure line items N Appointments • Child Fatality Prevention Team – 4 positions ; 3 year terms Kristi Nelson has applied for reappointment Karen Mills and Mary Heilig have applied for appointment • Johnston Community College Board of Trustees - 1 position ; 4 year terms Henry Hank W Daniels has applied for reappointment • Jury Commission - 1 position ; 2 year terms Thomas L Turnage has applied for reappointment • Juvenile Crime Prevention Council - 16 positions ; 2 year terms Stacey Motley has applied for appointment James L Spencer , Jr , Jackie H Lee , Tony Nazal , Douglas Sorrell , Lama A Sinno and Nakunda Everett have applied for reappointment Page 4 of 208PagePage pageNumber5• Library Board of Trustees - 2 positions ; 3 year terms Kathryn Nicolai has applied for appointment • Voluntary Agricultural District Advisory Board - 3 positions ; 3 year terms Kesha Exenma has applied for appointment O Tax Releases & Refunds – 4 16 2023 – 05 15 2023 3 Public Comments 4 Department of Social Services – Proclamation for Elder Abuse Awareness Day The Department of Social Services requests the Board to adopt a proclamation for Elder Abuse Awareness Day as June 15 , 2023 See proclamation 5 Public Hearing – Economic Development Incentive Grant – Project Life Dust The purpose of the public hearing is to receive public comment on a proposed economic development incentive grant for Project Life Dust A company proposes to develop and build at full build - out three 100,000 + - square foot expandable speculative buildings , to be used for biopharmaceutical use in the Clayton Township , Johnston County , North Carolina The company has proposed the development in Johnston County in exchange for certain economic incentives in the form of annual cash grants paid from general County funds not to exceed a five - year period beginning after required investments have been made The project will increase the tax base , stimulate the local economy , cause the creation of new jobs , encourage business and industry to locate in the County , and will promote business in the County Johnston County further proposes to participate in the cost of the economic development project through a lease of the newly constructed speculative buildings described above The Johnston County Board of Commissioners intend to pay up to twenty - five thousand and 00 100 dollars 25,00000 per month for a lease of each speculative building , for up to twenty - four months for a maximum total not to exceed six hundred thousand and 00 100 dollars 600,00000 per building to be paid with revenues from the Johnston County general fund The Company plans to build at full build - out three 100,000 + - square foot buildings worth a total of approximately twenty - seven million and 00 100 dollars 27,000,00000 The County shall be obligated to enter into a lease for only one building at any time Each spec building leased will be used to entice new businesses to come to Johnston County or to expand existing business in Johnston County and for site visits and events to market Johnston County as a whole , until it is sold or leased to an end user The Board of Commissioners will solicit public comment on the proposed incentives at the public hearing The Board of Commissioners will consider approval of incentives to the company in exchange for the company’s commitments to 1 plan , develop and build the facilities ; 2 create or cause to be created new , permanent full - time jobs ; and 3 invest in taxable real property additions , all of which will return property tax revenues substantially in excess of the County’s investment The cash grants and lease are contingent upon , among other things , the company’s entry into a local economic development agreement with the County containing the obligations and agreements of the company and the County The company must achieve its performance commitments plus be current on all Johnston County tax obligations to receive the proposed leases and grant funding , which is subject to adjustment for partial performance 6 Public Hearing – Fiscal Year 2023 - 2024 Johnston County Proposed Budget Pursuant to NCGS § 159 - 12 , the Johnston County Board of Commissioners will hold a Public Hearing on the proposed 2023 - 2024 County Budget The purpose of the Public Hearing is for the County Manager to present the proposed budget and solicit public comment A copy of the proposed budget has been submitted to the Board and is available in the Office of the Clerk to the Board for public inspection The Page 5 of 208PagePage pageNumber6Office of the Clerk to the Board is located at the Johnston County Courthouse , 207 E Johnston Street , Smithfield , North Carolina 27577 , Room B - 206 The proposed budget can also be downloaded at the following link https wwwjohnstonnccom files board FY23 - 24_completeproposedbudgetpdf 7 Public Hearing – Public Utilities – System Development Fee Analysis Update Pursuant to Article 8 of Chapter 162A of the North Carolina General Statutes , the Johnston County Board of Commissioners will hold a public hearing on the Johnston County System Development Fee Analysis Update for water and wastewater The System Development Fee Analysis Update has been posted on the County’s website for the required 45 - day time period A copy of the System Development Fee Analysis Update was also made available for public inspection in the Johnston County Public Utilities Department A complete copy of the System Development Fee Analysis can be downloaded at the following link https wwwjohnstonnccom files utils SDFStudypdf 8 Inspections – Contract for Permitting and Land Management Software A new permitting and land management software system is needed to replace Johnston County’s legacy permitting system , Hansen Johnston County has used the Hansen system for over 20 years and it has exceeded its useful life A new system is needed with greater functionality to effectively and efficiently provide services to the public A committee including representatives from inspections , planning , public utilities , emergency services , environmental health , technology services , finance and legal reviewed various options for permitting and land management software The proposed scope of work and quote were fully negotiated and the committee recommends Clariti Cloud , Inc , through Carahsoft’s GSA Purchasing Schedule No 47QSWA18D008F Staff is requesting the Board to approve entering into the contract with Clariti Cloud , Inc for Software Subscription and Licensing in the amount of 176,97792 with a one - time cost of 623,45900 See memo and scope of work 9 Planning Department – Metropolitan Planning Organization Scott Walston with the North Carolina Department of Transportation Planning Branch will give a brief presentation to the Board concerning the Clayton Area Metropolitan Planning Organization 10 Public Utilities – Financial Presentation – Davenport Representatives from Davenport will review historical financial information , utility credit rating information and financial projections related to Johnston County Public Utilities and the County’s water and sewer system revenue bond program 11 Finance – Resolution Approving the Execution and Delivery of Up to 85,000,000 Water and Sewer Revenue Bonds of the County Staff requests the Board to adopt a resolution approving the execution and delivery of up to 85,000,000 water and sewer revenue bonds of the County , requesting the Local Government Commission to sell the revenue bonds , and authorizing the execution and delivery of related documents in connection with the revenue bonds See agreement and resolution 12 Public Utilities – Holt Lake Force Main & WWPS Upgrade The County’s previously approved Capital Improvements Plan includes the Holt Lake Force Main and Wastewater Pump Station WWPS Upgrade project The project includes installation of approximately 4,300 LF of 8 ” force main from the Holt Lake WWPS to a manhole on S Brightleaf Blvd and upgrades to the WWPS 700 gpm Project design and permitting is completed , and the County received three 3 bids for the construction contract on May 16 , 2023 Ralph Hodge Construction Company of Wilson , NC submitted Page 6 of 208PagePage pageNumber7the lowest responsive bid in the amount of 825,90620 Ralph Hodge Construction Company is properly licensed and experienced in the type of construction involved and appears to have the financial , labor and equipment resources required to complete the construction within the stipulated contract completion time Staff proposes the following project budget Construction 825,90700 Contingency 41,29300 Technical Services 15,00000 Cost of Revenue Bond Issuance 15,00000 Total Project Cost 897,20000 Funding for the proposed project is as follows 2023 Water Sewer Revenue Bonds 897,20000 Total Project Funds 897,20000 Proposed project funding is based on 2023 Water Sewer Revenue Bonds , which will require County approval , Local Government Commission LGC approval and bond sales If revenue bonds are not sold , the project will be funded with the Sewer Fund 68 Reserve fund Staff recommends award of the Holt Lake Force Main and WWPS Upgrade project to Ralph Hodge Construction Company in the amount of 825,90620 , approval of the revised project budget and approval of the Capital Project Ordinance See memo , bid tabulation and capital project ordinance 13 Public Utilities – Smithfield North Booster Pump Station Upgrade The County’s previously approved Capital Improvements Plan includes Smithfield North Booster Pump Station Upgrade project The project includes demolition of the existing Smithfield North Booster Pump Station in the vicinity of 3139 Buffalo Road and installation construction of a new 15 MGD booster pump station with generator and associated improvements Project design and permitting is completed , and the County received seven 7 bids for the construction contract on May 22 , 2023 Locke - Lane Construction , Inc of Stony Point , NC submitted the lowest responsive bid in the amount of 1,118,81100 Locke - Lane Construction , Inc is properly licensed in the type of construction involved and appears to have the financial , labor and equipment resources required to complete the construction within the stipulated contract completion time Staff proposes the following project budget Existing Proposed Construction 000 1,118,81100 Contingency 000 55,98900 Technical Services 180,00000 180,00000 Cost of Revenue Bond Issuance 000 20,00000 Total Project Cost 180,00000 1,374,80000 Funding for the proposed project is as follows Water SDF Reserve Fund 180,00000 180,00000 2023 Water Sewer Revenue Bonds 000 1,194,80000 Total Project Funds 180,00000 1,374,80000 Proposed project funding is based on 2023 Water Sewer Revenue Bonds , which will require County approval , Local Government Commission LGC approval and bond sales If revenue bonds are not sold , the project will be funded with the Water System Development Fee Reserve fund Staff recommends award of the Smithfield North Booster Pump Station Upgrade project to Locke - Lane Construction , Inc in the amount of 1,118,81100 , approval of the revised project budget and approval of the Capital Project Ordinance See memo , bid tabulation and capital project ordinance Page 7 of 208PagePage pageNumber814 Public Utilities – 210 Wastewater Treatment Facility Diversion Projects – Proposed Capital Project Budget The County’s previously approved Capital Improvements Plan includes several projects to facilitate flow diversion to the 210 Wastewater Treatment Facility WWTF The project includes a leachate diversion force main , diversion of flow from Whitley Heights WWPS to Swift Creek Road , a gravity sewer main diversion to abandon Cleveland K - 5 WWPS and the Eastfield Wastewater Facilities Reimbursement Agreement diverts flow from Selma and Pine Level The projects are under design , and staff anticipates bidding the projects in late summer or early fall 2023 The Board previously approved a capital project fund for the Eastfield Wastewater Facilities Reimbursement Agreement to be funded with the Sewer SDF Reserve Fund Since the project has not started and the County is awaiting construction bids from the developer , staff recommends including the Eastfield Wastewater Facilities Reimbursement Agreement project into this project to be funded with the 2023 Revenue Bonds with the exception of the Reimbursement for Flow Diversion of Selma PS No 3 In order to include this project in the upcoming revenue bond funding , staff recommends adoption of a capital project budget , as follows Construction 5,765,00000 Technical Services 15,00000 Cost of Revenue Bond Issuance 110,00000 Total Project Cost 5,890,00000 Funding for the proposed project is as follows Sewer SDF Reserve Fund 500,00000 Water Sewer Revenue Bonds 5,390,00000 Total Project Funds 5,890,00000 Approval of the project budget includes a budget revision to “ close out ” the previously approved Eastfield Reimbursement Agreement project fund and move the SDF funds previously appropriated to the original project back to the SDF Reserve Fund 500,000 of the SDF funds will be moved to this new capital project fund to cover the cost of the “ Reimbursement for Flow Diversion of Selma PS No 3 ” Staff recommends approval of the project budget , Capital Project Ordinance and associated budget revisions contingent upon revenue bond sale approval from LGC See memo , budget revisions and capital project ordinance 15 Appointments A Airport Authority – 1 position to fill an unexpired term ending March 31 , 2024 ; 4 year terms E Dale Parker and Elena Marie Dodson have applied for appointment For further information , please see the Board Information Sheet as well as summary of appointment requests 16 Delinquent Tax Collection Report 17 Manager Reports and Comments 18 Board Reports and Comments 19 Closed Session If Requested Page 8 of 208PagePage pageNumber9Page 9 of 208Page0Page 10 of 208Page1Page 11 of 208Page2Page 12 of 208Page3Page 13 of 208Page4Page 14 of 208Page5Page 15 of 208Page6Page 16 of 208Page7Page 17 of 208Page8Page 18 of 208Page9Page 19 of 208Page0Page 20 of 208Page1Page 21 of 208Page2Page 22 of 208Page3Page 23 of 208Page4Page 24 of 208Page5Page 25 of 208Page6Page 26 of 208Page7Page 27 of 208Page8Page 28 of 208Page9Page 29 of 208Page0Page 30 of 208Page1Page 31 of 208Page2Page 32 of 208Page3Page 33 of 208Page4Page 34 of 208Page5Page 35 of 208Page6Page 36 of 208Page7Page 37 of 208Page8Page 38 of 208Page9Page 39 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