April 3, 2023 - 10:00 AM - Board of Commissioners Agenda Packet

10 PUBLIC NOTICE OF JOHNSTON COUNTY BOARD MEETING April 3 , 2023 10 00 am The Johnston County Board of Commissioners will meet in Regular Session on Monday , April 3 , 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 Visit from 2023 Miss Cleveland and Miss Cleveland Teen 3 Consent Agenda Items 6 4 Public Comments 5 911 Communications - Proclamation – National Public Safety Telecommunicator’s Week 11 6 Health Department – Public Health Week 2023 12 7 Social Services – Proclamation - Child Abuse Prevention Month 13 8 Johnston County CFAC – Proclamation – Mental Health Awareness Month 14 9 Community and Senior Services – Proclamation – Older Americans Month 15 10 Adoption of Resolution Approving Amount for School Project Site 16 11 Public Utilities – Pine Level WWPS Improvements 18 12 Sewer Allocation Policy Discussion 23 13 Appointments 30 14 Delinquent Tax Collection Report 15 Manager Reports and Comments 16 Board Reports and Comments 17 Closed Session If Requested Page 1 of 60PageApril 3 , 2023 10 00 am 1 Approval Discussion of Agenda 2 Visit from 2023 Miss Cleveland and Miss Cleveland Teen 2023 Miss Cleveland , Maura Westbrook and Miss Cleveland Teen , Hanley Claire House will address the Board 3 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 – March 6 , 2023 10 00 am and 6 00 pm B Proclamation – Litter Sweep Spring 2023 – April 15 - 29 , 2023 Staff requests the Board to adopt a proclamation supporting the NCDOT 2023 Spring Litter Sweep for April 15 - 29 , 2023 C Budget Revisions • Sheriff - 14,27787 – To move revenues into appropriate expenditure line items • Social Services - 12,50900 – To increase the APS Essential Services Expense line item to reflect the allocation on the funding authorization received on March 9 , 2023 D Tax Releases & Refunds – 2 16 2023 – 03 15 2023 4 Public Comments 5 911 Communications - National Public Safety Telecommunicator’s Week – April 9 - 15 , 2023 911 - Communications is requesting the Board to adopt a proclamation declaring the week of April 9 - 15 , 2023 as National Public Safety Telecommunicator’s Week See proclamation 6 Health Department – Public Health Week 2023 Johnston County Health Department is requesting the Board to adopt a proclamation declaring the week of April 3 - 9 , 2023 as Public Health Week See proclamation 7 Social Services – Child Abuse Prevention Month The Department of Social Services is requesting the Board to adopt a proclamation for April 2023 as Child Abuse Prevention Month See proclamation 8 Johnston County Consumers and Family Advisory Committee CFAC – Mental Health Awareness Month The Johnston County Consumers and Family Advisory Committee is requesting the Board to adopt a proclamation for May 2023 as Mental Health Awareness Month See proclamation Page 2 of 60Page9 Community & Senior Services – Older Americans Month – May 2023 Community & Senior Services requests the Board to adopt a proclamation declaring the month of May 2023 as Older Americans Month in Johnston County See proclamation 10 Adoption of Resolution Approving Amount for School Project Site Staff requests the Board to adopt a resolution approving the purchase price for the acquisition of real property by the Johnston County Board of Education to be used for the purposes of a future school project site for a new elementary school pursuant to NC Gen Stat Sect 115C - 426 f The property is identified as a portion of Tax ID 15H06015 , consisting of approximately 20 acres at a purchase price of 800,000 See memo and resolution 11 Public Utilities – Pine Level Sewer Wastewater Pump Station Improvements Proposed Construction Contract Award & Budget Revision The County’s previously approved Capital Improvements Plan includes an upsized force main and upsized wastewater pump station to upgrade pumping capacity at the Pine Level Wastewater Pump Station The County previously awarded and constructed the upsized force main The County received five 5 bids on March 8 , 2023 for the wastewater pump station improvements After review of the bid form , one bid was deemed unresponsive Please refer to the attached summary tabulation of bids AC Schultes of Carolina , Inc of Rocky Point , NC submitted the lowest responsive bid in the amount of 1,251,30800 AC Schultes of Carolina , Inc 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 Please see below the previously approved and proposed project budget Existing Proposed Construction FM Replacement Herring - Rivenbark , Inc Contract 2,374,75400 2,170,05000 WWPS Upsizing AC Schultes of Carolina , Inc Contract 395,29600 1,251,30800 Contingency 137,55000 137,55000 Technical Services Engineering Survey Construct Admin 425,00000 425,00000 Easements 211,00000 211,00000 Cost of Revenue Bond Issuance 46,46400 46,46400 Total Project Cost 3,590,06400 4,241,37200 Funding for the proposed project is as follows Reimbursement from Developer - 16 ” Upsize Design & Construct 350,06400 350,06400 Sewer Fund 450,00000 450,00000 Water Sewer Revenue Bonds 2,790,00000 3,441,30800 Total Project Funds 3,590,06400 4,241,37200 Requires budget revision to move bond proceeds from the 16 ” Force Main to Buffalo WWPS project to the Pine Level Force Main and WWPS project Staff recommends award of the Pine Level Wastewater Pump Station Improvements project to AC Schultes of Carolina , Inc in the amount of 1,251,30800 , approval of the revised project budget , approval of the Capital Project Ordinance and approval of the budget revision to move 2021 Revenue Bond proceeds from the 16 ” Force Main to Buffalo WWPS project to the Pine Level Force Main and WWPS project See memo , budget revision , capital project ordinance and bid tabulation Page 3 of 60Page12 Sewer Allocation Policy Discussion Staff will discuss the draft Sewer Allocation Policy See policy 13 Appointments • Fire Protection District Commissions – 2 year terms For more information , see summary 3 Positions representing each of the following fire districts - indicates the need for a waiver in the length of service policy Bentonville – Christopher Scott Lee and Lewis Brian Lee have applied for reappointment Brogden - Allen Daughtry and Chadwick B Ward have applied for reappointment Claytex – Robert Brian Maynard and Jimmy D McLaurin , Jr has applied for reappointment 50 - 210 – Andy Mack Penny , Mark Allen Knox , and Sidney E Sauls have applied for reappointment PI - LE – Eddie Hales and Rex M Braswell have applied for reappointment Shoeheel – James L Hodge has applied for reappointment West Johnston – Timothy Godwin , Travis Parrish , Jimmy Wilkins have applied for reappointment Zachary Webb Alexander has applied for appointment 2 Positions representing each of the following fire districts - indicates the need for a waiver in the length of service policy Selma – Thomas E White and John A Talton have applied for reappointment Smithfield – Jimmy Wood , Jr - indicates the need for a waiver in the length of service policy 1 Positions representing each of the following fire districts - indicates the need for a waiver in the length of service policy Wilson’s Mills – William David Comen has applied for reappointment • Firefighters Relief Fund Board of Trustees - 2 year terms For more information , see summary Northside – David T Pace has applied for reappointment West Johnston – Trey Austin Pleasant has applied for a reappointment Travis Parrish has applied for appointment Wynn – Travis Craig Byrd has applied for reappointment Page 4 of 60PagePage pageNumber5• Pleasant Grove Community Building Board of Trustees – 2 positions ; 2 year terms For more information , see Board information sheet and summary Kelly Forghani has applied for appointment See letter of support 14 Delinquent Tax Collection Report 15 Manager Reports and Comments 16 Board Reports and Comments 17 Closed Session If Requested Page 5 of 60PagePage pageNumber6Page 6 of 60PagePage pageNumber7Page 7 of 60PagePage pageNumber8Page 8 of 60PagePage pageNumber9Page 9 of 60Page0Page 10 of 60Page1Page 11 of 60Page2Page 12 of 60Page3Page 13 of 60Page4Page 14 of 60Page5Page 15 of 60Page6Page 16 of 60Page7Page 17 of 60Page8Page 18 of 60Page9Page 19 of 60Page0Page 20 of 60Page1Page 21 of 60Page2Page 22 of 60Page3DRAFT January 10 , 2023 JOHNSTON COUNTY WASTEWATER ALLOCATION POLICY I Purpose and Intent Johnston County County has invested substantial capital in the necessary wastewater transmission and treatment infrastructure to support a growing , prosperous , and healthy community Since 1979 , the County has provided wastewater transmission and treatment services to bulk and retail customers within Johnston County Recognizing that wastewater transmission and treatment capacity is finite and expensive , the intent of this policy is to provide for the judicious allocation of these resources in accordance with the County’s Interlocal Bulk Wastewater Agreements and in conformity with the growth - related priorities of the Johnston County Board of Commissioners Board This policy is intended to manage the County’s wastewater capacity as the County expands its utility infrastructure and will be reviewed periodically to ensure it is achieving the intended purpose This policy may be amended by the Johnston County Board of Commissioners at any time II Scope The scope of this policy is to provide for a fair and reasonable allocation of the County’s available wastewater capacity to meet the needs of both County bulk and retail customers A significant factor influencing the development of this policy is the limitation of available wastewater transmission , treatment capacity , and the collective potential demands from bulk and retail customers over the next ten years As of January 1 , 2023 , the County’s wastewater treatment capacity is 95 million gallons per day MGD Additional near - term capacity is projected to be available in three phases A Phase I – Initial capacity available with construction of the 210 Wastewater Treatment Facility or WWTF 20 MGD Capacity is available for immediate permitting and is expected to be operational by the end of 2024 B Phase II – Capacity at the time of re - rating the Central Johnston County Regional Wastewater Treatment Plant or WWTP 20 MGD is expected to be available for permitting in 2025 and operational in 2025 C Phase III - Additional capacity at the time of the first 40 MGD expansion of the 210 Wastewater Treatment Facility or WWTF is expected to be available for permitting in early 2025 and operational by early 2027 It is understood that the near - term capacity availability projections are the best preliminary estimates for planning purposes and are subject to change III Policy Applicability A County Retail Wastewater Capacity Allocation 1 All development within the County’s planning jurisdiction , which desires to connect to the Countys public sewer system is required to make a request for a wastewater treatment capacity allocation permit “ Allocation Permit ” Page 23 of 60Page42 Any existing development approval , with or without an Allocation Permit , that is modified or expanded in any way shall be considered a new allocation and will require a new Allocation Permit More specifically , any increase in sewer collection treatment impacts , including discharge limits and volume allocation will require a new Allocation Permit 3 All development outside the County’s planning jurisdiction , which obtains development approval by another governing board , that desires to connect to the Countys public sewer system and be a retail customer of the County is required to make a request for a wastewater treatment capacity allocation permit “ Allocation Permit ” Any prior development approval by a governing board other than Johnston County , with or without an Allocation Permit , that is modified or expanded in any way shall be considered a new allocation and will require a new Allocation Permit More specifically , any increase in sewer collection treatment impacts , including discharge limits and volume allocation will require a new Allocation Permit 4 In general , parcels of land with an existing wastewater service connection or previously issued valid NC DEQ Sewer Permit at the time of the adoption of this policy are considered to have an existing wastewater transmission and treatment capacity allocation A parcel of land with no wastewater service connection or valid NC DEQ Sewer Permit at the time of the adoption of this policy is considered to not have an existing wastewater treatment capacity allocation 5 Approval of a new or modified Allocation Permit will be at the sole and absolute discretion of the County and shall be in accordance with this policy Notwithstanding the provisions of Section III above , the following types of developments are exempt from the requirements of this policy i Properties with existing NC DEQ Sewer Permits that are not modified or extended in any way ii Property serviced by a septic system , which will not be connected to the County’s wastewater system B County Bulk Wastewater Capacity Allocation 1 All requests for bulk wastewater capacity are initiated when the bulk customer requests to purchase additional capacity allocation in accordance with the County’s Interlocal Bulk Wastewater Capacity Agreements IV General Policy A The County seeks to grant wastewater allocations in a way that supports economic growth , economic diversity , strengthening of the tax base , creation of jobs , promotion of high - quality development , and maximization of existing infrastructure and service delivery capacity To provide a foundation for this policy , the Johnston County Board of Commissioners hereby adopts the following broad development priorities and determines that they are in the best interests of the County , its citizens , and stakeholders Page 24 of 60Page5B All wastewater allocation requests , unless specified herein , must be approved by the Johnston County Board of Commissioners It shall be the policy of the Board to generally allocate wastewater capacity when transmission and treatment capacity is available and consistent with this policy Capacity allocation requests shall be evaluated on a first - come , first - served basis , provided capacity allocations are available The total amount of available capacity and each incremental increase in capacity should generally be allocated based on the following parameters 1 A minimum of 200,000 Gallons Per Day of the total available capacity shall be reserved Commented [ 1 ] Should the Board decide to reserve capacity for the purpose of economic development it and remain available for potential Economic Development projects As Economic needs to consider the impact to the enterprise fund Development flow is allocated , the available capacity reserve for economic revenue and the enterprise fund’s ability to pay its debt development shall be restored to a minimum of 200,000 Gallons Per Day , if available service There should be some mechanism available for the enterprise to recoup this cost eg county purchase and own the capacity 2 Of the remaining available capacity , no more than 60 may be purchased by the County’s original four bulk customers Smithfield , Selma , Four Oaks , and Pine Level Commented [ 2R1 ] _Marked as resolved_ Capacity purchased and allocated to these customers shall be in accordance with Commented [ 3R1 ] _Re - opened_ approved Interlocal Bulk Wastewater Capacity Agreements with each town “ County’s Interlocal Bulk Wastewater Capacity Agreements ” 3 The remainder of the available capacity may be allocated to County retail customers C The Johnston County Public Utilities Department Public Utilities shall evaluate and track the capacity of the wastewater transmission and treatment systems , including capacity allocations granted and the amount of capacity available Public Utilities shall complete a wastewater reconciliation once every twelve 12 months Due to weather - related factors , the regulatory environment , and the dynamic nature of wastewater flow and treatment , accounting of available utility capacity is , by its very nature , inexact Such reports do not constitute a policy statement , commitment , or guarantee on the amount of capacity available for allocation V Procedure A Submittal of Allocation Permit Applications 1 Retail Customers The owner or developer of any project requiring an Allocation Permit from the County shall submit a written application via a form provided by Public Utilities , for an allocation reservation and pay the Allocation Permit application fee The application shall include detailed information on the amount of capacity necessary to serve the project , the nature of the project , the project schedule , and phasing in relation to the demand of wastewater capacity , proposed sewer system layout , engineering report , and other supporting documentation demonstrating how the project serves the needs and interests of the County Residential requests for allocation shall be submitted with the preliminary subdivision plat to the Johnston County Planning Department Planning Other requests for allocation shall be submitted to Public Utilities with the proposed site plan Upon receipt of the application and application fee , Public Utilities will perform a sewer system capacity availability analysis Page 25 of 60Page62 Bulk Customers The bulk customer shall submit a project - specific Flow Tracking form to Public Utilities for allocation reservation identification for each project If the Town’s total capacity allocation can accommodate the flow requested in the Flow Tracking Form , the Public Utilities Department may execute the form The procedure for additional capacity allocations shall be in accordance with the approved Interlocal Bulk Wastewater Capacity Agreement 3 Previously Approved Projects Due to existing substantial financial and operational commitments of private sector development entities based on good faith preliminary plat or site plan approvals previously issued by the County or another governing board at the time this policy is adopted , these projects will be considered for allocation of necessary wastewater capacity to support the project commencement and completion Projects with preliminary plat or site plan approval must adhere to the Allocation Permit procedures described in this policy These projects will also be subject to a phasing plan as described in Section V D 2 of this policy B Allocation Permit Application Consideration 1 Public Utilities shall provide each retail Allocation Permit application to the Board for consideration Specific deadlines for consideration of the application and corresponding review schedules will be established by the Johnston County Department of Public Utilities The Public Utilities Department shall present the Allocation Permit requests to the Board for consideration Approval of the Allocation Permit request is contingent on an approved preliminary plat or site plan and in conjunction with pending state wastewater permits In addition to the Allocation Permit Application Priorities described in Section V C , the Johnston County Board of Commissioners may consider the following i Whether , in the Board’s opinion , the application is for land use that is consistent with the County’s adopted policies concerning growth and development ; and ii Such other factors may be identified by the Board in its deliberations , which either suggest that a particular application promotes or undermines public interest , public health or safety , or the general welfare of the County 2 Until the County has allocated two - thirds 13 MGD of the total sewer capacity for the initial phase of the 210 WWTF 20 MGD , the Director of Public Utilities may approve the Allocation Permit when the requested wastewater allocation is 5,000 gallons per day or less This shall not include development requiring Board of Commissioners approval for Priority 4 projects C Allocation Permit Application Priorities At such time the total available capacity is less than 10 MGD , or at any time there exists greater wastewater capacity demand than is available wastewater capacity , the ranking procedures identified below shall determine how the available capacity is allocated Page 26 of 60Page71 This policy provides that all development projects seeking an Allocation Permit fall into one of four 4 categories as described below The priorities are ranked in order the first being the most important i Priority 1 projects include the following a Developments approved vested rights by the Board or other governing board prior to the effective date of this policy b Bulk capacity commitments allocated in approved bulk customer interlocal agreements c Economic development projects that include job creation , as identified by Johnston County Economic Development - These projects or project sites include commercial , office , and industrial development and similar uses which create a significant tax base , create jobs , and require limited public resources d County - funded projects ii Priority 2 projects include the following a Additional bulk customer capacity allocations requested under an approved Interlocal Bulk Wastewater Capacity Agreement b Johnston County Public Schools iii Priority 3 projects include the following a Industrial development b Commercial development c Institutional development charter schools , private schools , churches iv Priority 4 projects include the following a Residential development in compliance with the “ Johnston County Residential Sewer Service Policy ” D Approved Allocation Permits 1 Allocation Permits issued by the County will reserve the approved wastewater transmission and treatment capacity and permit the completion by the applicant of construction drawings The Allocation Permit issued by the County will be followed by the corresponding NC DEQ Sewer Permit and Flow - Tracking Form following the final approval of construction drawings by the County 2 Allocation Permits for all Priority 4 projects shall be approved on a phase - by - phase basis A phasing plan for the entire development must be submitted with the initial Allocation Permit application Residential Allocation Permit approvals shall be phased to allow a maximum of 50 units per year or 25 of total lots units per development project , whichever is greater The initial Allocation Permit for residential projects will be issued for Phase 1 only All subsequent phases shall submit separate Allocation Permit applications Approval of allocation for subsequent development phases will not occur until the prior development phase has recorded all of the lots in the previously approved phase 3 Allocation Permits are not transferrable except upon written consent of the County Allocations granted are parcel specific Page 27 of 60Page8E Expiration of Allocation Permits 1 Due to the limited wastewater treatment capacity , it is the intention of this policy to prohibit “ capacity banking ” where valuable wastewater treatment capacity is allocated but not used by a development project within a reasonable timeframe More specifically , the following allocation execution timeframes shall apply to the priority categories i Priority 1 and Priority 2 a Projects identified as Priority 1 and Priority 2 , that are to be retail customers of the County , must submit the required water sewer review fee , construction drawings , technical specifications , and the NC DEQ Sewer Permit Application to the County within one year of the approval of an Allocation Permit b Priority 1 and Priority 2 projects must commence with off - site and or on - site sewer line installation within 180 days of the construction drawing approval c Notwithstanding the above , if contractual obligations between a developer and the County for example , developer upsizing agreement or public funding appropriations provide a different schedule for securing these approvals the contractual obligations shall become the requirement ii Priority 3 a Projects identified as Priority 3 , which are granted wastewater allocation , must submit the required water sewer review fee , construction drawings , technical specifications , and the NC DEQ Sewer Permit Application to the County within 180 days of the approval of an Allocation Permit b Priority 3 projects must commence with off - site and or on - site water and sewer line installation within 180 days of the construction drawing approval In cases where no utility extensions are necessary , building permits must be obtained and building foundations constructed within 180 days of construction drawing approval c Notwithstanding the above , if contractual obligations between a developer and the County for example , developer upsizing agreement provide a different schedule for securing these approvals the contractual obligations shall become the requirement iii Priority 4 a Projects identified as Priority 4 , which are granted an Allocation Permit , must submit the required water sewer review fee , construction drawings , technical specifications , and the NC DEQ Sewer Permit Application for Phase 1 to the County within 180 days of the approval of the Allocation Permit b Priority 4 projects must commence with off - site and or on - site sewer line installation within 180 days of construction drawing approval Page 28 of 60Page9c Notwithstanding the above , if contractual obligations between a developer and the County for example , developer upsizing agreement provide a different schedule for securing these approvals the contractual obligations shall become the requirement 2 Upon request by the project applicant and at the discretion of the Public Utilities Director , an Allocation Permit execution timeframe may be extended in periods not to exceed ninety 90 days per extension Such requests must provide documentation of extenuating circumstances causing the need for the extension 3 An Allocation Permit will expire if a project has not progressed in accordance with the timeframes described in Sections V E 1 above and any approved extensions Projects with an expired Allocation Permit will be required to submit a new application 4 An Allocation Permit will expire if the land use approval expires in accordance with the Johnston County Land Development Code Projects with an expired Allocation Permit will be required to submit a new application 5 If a project is unsuccessful in obtaining any required Federal , State , or local government permit , the Allocation Permit shall be revoked and the allocation will automatically revert to the County The County shall bear no liability for any costs incurred by the applicant , or any further responsibility in the matter 6 Allocation permits are granted to specific development s located on a specific parcel or parcels of land and based on the approved development that received an allocation Upon completion of the development or permit expiration , the unused allocation will automatically revert to the County 7 The expiration or revocation of an Allocation Permit revokes the corresponding NC DEQ Flow Tracking or NC DEQ Sewer Permit 8 Approval of an Allocation Permit does not imply or confer approval of any other applications or reviews as may be required by County Ordinance or policy and does not imply or create any vested right VI Appeal Process Staff decisions under this policy may be appealed to the Johnston County Board of Commissioners Appeal requests must be in writing and include a detailed description of the proposed development , the allocation requested , and the reason for the appeal All decisions rendered by the Johnston County Board of Commissioners shall be final VII Term This Policy shall be effective on and after ___________________________ In accordance with the Allocation Agreement , this policy shall remain in effect until the Board amends the policy or adopts a new policy Page 29 of 60Page0Page 30 of 60Page1Page 31 of 60Page2Page 32 of 60Page3Page 33 of 60Page4Page 34 of 60Page5Page 35 of 60Page6Page 36 of 60Page7Page 37 of 60Page8Page 38 of 60Page9Page 39 of 60Page0Page 40 of 60Page1Page 41 of 60Page2Page 42 of 60Page3Page 43 of 60Page4Page 44 of 60Page5Page 45 of 60Page6Page 46 of 60Page7Page 47 of 60Page8Page 48 of 60Page9Page 49 of 60PagePage pageNumber50Page 50 of 60PagePage pageNumber51Page 51 of 60PagePage pageNumber52Page 52 of 60PagePage pageNumber53Page 53 of 60PagePage pageNumber54Page 54 of 60PagePage pageNumber55Page 55 of 60PagePage pageNumber56Page 56 of 60PagePage pageNumber57Page 57 of 60PagePage pageNumber58Page 58 of 60PagePage pageNumber59Page 59 of 60PagePage pageNumber60Page 60 of 60Page