January 6, 2024 - 10:00 AM - Board of Commissioners Agenda Packet

10 PUBLIC NOTICE OF JOHNSTON COUNTY BOARD MEETING January 6 , 2025 10 00 am The Johnston County Board of Commissioners will meet in Regular Session on Monday , January 6 , 2025 at 10 00 am or as soon thereafter as possible in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , NC The purpose of the meeting is to transact business as presented during the meeting Auxiliary aids for the handicapped will be made available upon reasonable notice Citizens that would like to address the Board for Public Comment but have concerns with physically attending the meeting , may email those comments to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Consent Agenda Items 5 3 Public Comments 4 Finance – Budget Revision – Johnston Co Public School Capital Projects 2022 referendum 41 5 Health Department – Resolution to Direct Expenditure of Opioid Settlement Funds 42 6 Parks , Greenways & Open Space - East Coast Greenway Feasibility Study Adoption 7 Parks , Greenways & Open Space – Carter Farm Conservation Easement 8 Central Pines Regional Council – Digital Inclusion Update 9 Interlocal Agreement Between the County of Johnston and the Town of Clayton 46 10 Delinquent Tax Collection Report 11 Manager Reports and Comments 12 Board Reports and Comments 13 Closed Session If Requested Page 1 of 55PageJanuary 6 , 2025 10 00 am 1 Approval Discussion of Agenda 2 Consent Agenda Items A Approval of Minutes – November 18 , 2024 6 00 pm ; December 2 , 2024 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 Haystack Lane , Huntsbridge Drive SR 1803 and Silo Street – Avery Farm – Clayton Township Buckstone Place and Woodbard Cove – Barclay Farm – Pleasant Grove Township Weathervane Drive , Henhouse Court and Seedling Court – Harvest Creek – Phase 1 – O’Neals Township C Town of Benson – Appointments to Benson Planning Board and Board of Adjustment The Town of Benson is requesting the Board to make the following appointments to the Benson Planning Board and the Board of Adjustment representing the ETJ area of the Town See request Planning Board Kristy Southerland , 2615 NC Highway 242 North , Benson term expiring 12 31 2026 Mary Mlock , 109 Sunnybrook Circle , Benson term expiring 12 31 2026 Board of Adjustment Andrew Hughes , Jr , 193 Tarheel Landing Drive , Benson term expiring 12 31 2026 D Town of Clayton – Appointment to Clayton Planning Board and Board of Adjustment The Town of Clayton is requesting the Board to make the following appointments to the Clayton Planning Board and Board of Adjustment representing the ETJ area of the Town See request Planning Board Talmage Mark Hall , 100 Dove Court , Clayton term expiring 12 31 2027 Board of Adjustment Karen Spicer , 1163 Brookhill Drive , Clayton term expiring 12 31 2027 Page 2 of 55PageE Human Resources – Sole Source Procurement The Human Resources Department currently utilizes NEOGOV software for job posting and recruitment activities The software platform offers additional features that will support the department in achieving a long - term objective of enhancing engagement between management and staff , as well as promoting process improvements This request meets the sole source criteria , as NEOGOV is the exclusive provider of this enterprise - wide software system , which is fully compatible with our current platform The proposed scope of work and quote have been negotiated and reviewed by IT staff , and funds are available within the budget for this procurement Staff request the Board’s approval of a sole source procurement with NEOGOV , a software management company This approval will facilitate a more efficient and streamlined process across recruitment , onboarding and performance management systems The total cost of the five - year subscription contract is 287,95060 F Budget Revisions Finance - 300,00000 – To appropriate the award and expenditure of a 300,000 NC Department of Agriculture & Consumer Sciences StreamFlow Rehabilitation Program Grant awarded to the Johnston Soil & Water Conservation District for work in the Moccasin Creek Drainage District Health - 51,92500 – To budget Medicaid Cost Study Settlement Funds for FY 23 for Family Planning Library - 9,67000 – To budget Grant Funds to book and salary accounts to finish out the year Sheriff - 30,45284 – To budget revenue Insurance Recovery , Miscellaneous Revenue into appropriate expenditure line items G Tax Releases & Refunds – 11 16 2024 thru 12 15 2024 3 Public Comments 4 Finance – Budget Revision – Johnston County Public School Capital Projects 2022 Referendum 30,000,00000 – To appropriate additional funds from the General Fund for Johnston County Public School capital projects 2022 referendum pending sale of general obligation school bonds in March 2025 These funds will be reimbursed to the General Fund at closing of the bonds to be sold in March 2025 See budget revision 5 Health Department – Resolution to Direct Expenditure of Opioid Settlement Funds The State of North Carolina requires that Countys governing body approve each year how Opioid Settlement funds will be spent ; with the organization coordinating such activities to be specific about the Strategies Programs that will be offered in the county and classifying how funds will be used for each program In the current fiscal year the Opioid Strategies Programs was approved with other budgets from Public Health to be effective July 1 , 2024 ; however , that did not meet the criteria of spelling out what strategies programs were being offered and the funds used to carry out those strategies programs This resolution specifically states the 7 strategies that are being coordinated in Johnston County in the current fiscal year along with the costs There is more work Page 3 of 55Pageto be done for Strategy 7 to determine if all of these funds will be used and if so , how they will be used Once the decision is made , staff will present Strategy 7 with more detail to the Commissioners for approval Staff request the Board to approve the resolution See Resolution 6 Parks , Greenways & Open Space - East Coast Greenway Feasibility Study Adoption On December 2 , 2024 , McAdams Company presented the East Coast Greenway Smithfield to Benson Feasibility Study for the Commissioners review The Parks and Greenway program recommended adoption of the study to take advantage of section construction and improvements that can be included in larger NCDOT projects and town projects These inclusions could provide the county with substantial savings in future design and construction cost It was the consensus of the Board to review the plan for consideration of adoption at the January 6 , 2025 meeting 7 Parks , Greenways & Open Space – Carter Farm Conservation Easement Triangle Land Conservancy would like to request that the funding allocated for 50 acre Spring Branch Farm Conservation Easement be reallocated for the 62 acre Carter Farm Conservation Easement The initial allocation was 40,000 and was for transaction cost only Only 30,000 is needed for the transaction cost related to the Carter Farm Easement The owners of the Spring Branch Tract have decided not to proceed with the conservation easement at this time Staff request the Board’s approval to reallocate funding for the Carter Farm Conservation Easement 8 Central Pines Regional Council Central Pines Regional Council will provide a digital inclusion update to the Board 9 Interlocal Agreement Between the County of Johnston and the Town of Clayton The Town provides necessary public services for properties annexed in the Johnston County Research Training Zone and the Town does not receive ad valorem tax revenue for the properties annexed in this economic development and training district This agreement would provide partial compensation to the Town for providing necessary public services to properties located within the District and address future additions to the District in the RTZ Service Area Staff requests approval of an Interlocal Agreement with the Town of Clayton See agreement 10 Delinquent Tax Collection Report 11 Manager Reports and Comments 12 Board Reports and Comments 13 Closed Session If Requested Page 4 of 55PagePage pageNumber5Page 5 of 55PagePage pageNumber6Page 6 of 55PagePage pageNumber7Page 7 of 55PagePage pageNumber8Page 8 of 55PagePage pageNumber9Page 9 of 55Page0Page 10 of 55Page1Page 11 of 55Page2Page 12 of 55Page3Page 13 of 55Page4Page 14 of 55Page5Page 15 of 55Page6Page 16 of 55Page7Page 17 of 55Page8Page 18 of 55Page9Page 19 of 55Page0Page 20 of 55Page1Page 21 of 55Page2Page 22 of 55Page3Page 23 of 55Page4Page 24 of 55Page5Page 25 of 55Page6Page 26 of 55Page7Page 27 of 55Page8Page 28 of 55Page9Page 29 of 55Page0Page 30 of 55Page1Page 31 of 55Page2Page 32 of 55Page3Page 33 of 55Page4Page 34 of 55Page5Page 35 of 55Page6Page 36 of 55Page7Page 37 of 55Page8Page 38 of 55Page9Page 39 of 55Page0Page 40 of 55Page1Page 41 of 55Page2Page 42 of 55Page3Page 43 of 55Page4Page 44 of 55Page5Page 45 of 55Page6STATE OF NORTH CAROLINA AGREEMENT COUNTY OF JOHNSTON THIS AGREEMENT the Agreement is made and entered into this the ______day of _______________ , 2025 , by and between County of Johnston , a body politic organized and existing under the laws of the State of North Carolina hereinafter referred to as County or Johnston County , and Town of Clayton , a municipal corporation , organized and existing under the laws of the State of North Carolina hereinafter Town and , together with County , collectively the Parties , and entered into pursuant to North Carolina General Statutes Chapter 160A , Article 20 , Sections 460 , et seq WITNESSETH WHEREAS , pursuant to North Carolina General Statutes Chapter 153 now 153A , Article 16 , Sections 31711 , et seq , County established an economic development and training district the District ; and WHEREAS , significant investment has been and continues to be made in the District by companies with property located in and around the District which investments increase the population , taxable property , and business prospects of County and the business prospects of Town ; and WHEREAS , County provides necessary public services to companies located within the District ; and WHEREAS , at the requests of County and the companies within the District , Town provides necessary public services to many companies within the District that are located in close proximity to Town ; 1 Page 46 of 55Page7WHEREAS , in accordance with Article 16 of Chapter 153A of the NC General Statutes , the Town does not receive ad valorem tax revenue for properties annexed in the District ; WHEREAS , County desires Town to continue providing necessary public services to properties located within the District , and Town is willing to continue providing such necessary public services to properties located within the District and to provide expanded services to properties in the District located in close proximity to Town ; and WHEREAS , County desires to partially compensate Town for the costs and expenses the Town has and will continue to incur in order to maintain the capacity and ability to provide necessary public services to properties annexed into the District ; and WHEREAS , County and Town cooperate to encourage and promote economic development opportunities in and around the District and Town will continue to provide services to additional properties annexed into the District subject to the availability of Town’s service capacity ; and WHEREAS , the purpose of this Agreement is to establish a joint undertaking in furtherance of the economic development objectives of County and Town whereby a Town commits to continue to provide necessary public services to companies within the District that are now or will be located in and around the East Clayton Industrial Area and , upon request of County and request of companies therein but subject to the availability of Towns service capacity , to provide expanded services to the companies , and b County commits to provide a means by which Town can be partially compensated for those services in the reasonable manner set forth herein ; NOW , THEREFORE , in consideration of the mutual benefits , representations , and agreements contained herein and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the parties agree , each with the other , as follows 2 Page 47 of 55Page81 Town shall provide necessary public services to companies within the District that are located in and around the East Clayton Industrial Area upon request of County and companies , but subject to availability of Towns capacity to serve Such public services shall include the public services regularly provided to property owners located in Town Nothing herein shall affect the rates customarily charged by the Town for such services or the distinction between the Town’s customers inside the Town limits versus those outside the Town limits All Town customers located in the RTZ are outside the Town’s corporate limits 2 In consideration of Towns commitment to provide necessary public services as specified above , County shall pay Town as follows a a sum equal to the total ad valorem tax revenues received on the parcels identified as Johnston County Tax Parcel ID 05I05023X and 05I05022A hereinafter the “ Amenities Parcels Tax ” and b a sum equal to the greater of i One percent 100 of the Net Ad Valorem Tax Revenue received by Johnston County from all property within the District hereinafter the “ District Tax Revenue ” in the “ RTZ Service Area ” as shown on Exhibit A or ii One Hundred Twenty - Five Thousand Dollars 125,00000 See Exhibit A attached hereto for a map of the existing and proposed areas for expansion of the District and the RTZ Service Area Net Ad Valorem Tax Revenue is defined as the total ad valorem tax revenue actually received by County in a calendar year for all real and personal property within the District in the RTZ Service Area less current and future economic development grant amounts paid by County during the same calendar year and related to property development within the District Said payments under a and b above will be made from Johnston County general funds to Town not later than April 15 in each year , beginning April 15 , 2025 , with respect to the amounts received by County during the previous calendar year The parties understand and agree that both the Amenities Parcels Tax Revenue and the District Tax Revenue may reduce or increase from year to year due 3 Page 48 of 55Page9to depreciation or new value added to the Amenities Parcels or the District and from changes in the ad valorem tax rates Notwithstanding anything herein to the contrary , the County’s annual payment to the Town for the District Tax Revenue shall in no event be less than One Hundred Twenty - Five Thousand Dollars 125,00000 The calculation of Net Ad Valorem Tax Revenue shall not include any fire , insurance , or specific service district taxes , or any other charge , fee , assessment , or tax other than Countys primary general revenue ad valorem tax If there is a tax appeal related to a parcel in the District , any payments related to that particular parcel shall be held in abeyance until final resolution of the appeal 3 County and Town acknowledge the need for infrastructure upgrades and expansions to support expansion of current companies and recruitment of new companies in and around the District County and Town agree to work collaboratively to hold discussions with various agencies of the State of North Carolina about the infrastructure needs in the District and potential funding opportunities for needed upgrades and expansions Furthermore , County agrees to work collaboratively with Town to identify means and opportunities for funding for necessary infrastructure upgrades and expansions in connection with companies seeking to expand or develop in or around the District , but neither party is hereby making any commitment to fund any specific upgrades or expansions 4 County and Town agree to work collaboratively to serve companies located within the District and to use commercially reasonable efforts to assure the success of the District Further , Town specifically agrees that , upon request of County , the boundaries of the District may be expanded to annex and include those properties currently outside the District but shown on the map attached hereto as being within the “ RTZ Service Area ” provided that a the proposed use of the property satisfies the life science and similar use requirements set forth in NC General Statute Section 153A - 31711 , and b the property is owned at the time of the County’s request by one of the property owners who already owns property within the RTZ Service Area of the District as of the date of this Agreement 4 Page 49 of 55PagePage pageNumber505 Within ninety 90 days following each fiscal year of Town after June 30 , 2026 , Town shall report to County on the public purposes for which the funds paid to Town hereunder in the fiscal year just ended were used and the County shall report to the Town the total valuation of the District as of the immediately preceding July 1 6 This Agreement shall be effective on the last date of execution by a Party hereto and shall continue until the earlier of i dissolution of the District , ii repeal of Article 16 of Chapter 153A of the NC General Statutes or any subsequent or similar legislation that exempts properties in the District from Town’s ad valorem taxes or iii 99 years from the effective date of this Agreement 7 Any claim , dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation prior to the institution of legal or equitable proceedings by either party The Parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions , and NCGS Sect 7A - 38 l except as specifically provided otherwise herein The Parties shall share the mediators fee equally The mediation shall be held in Johnston County , unless another location is mutually agreed upon Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof 8 This Agreement shall be governed by the laws of the State of North Carolina The North Carolina State Courts located in Johnston County , North Carolina shall have jurisdiction to hear any dispute under this Agreement and legal or equitable proceedings by either party must be filed in Johnston County , North Carolina 9 This Agreement represents the entire agreement between County and Town with 5 Page 50 of 55PagePage pageNumber51respect to the matters herein and supersedes all prior negotiations , representations or agreements , either written or oral related to such matters Further , this Agreement supersedes any other agreements between the parties as it relates to RTZ revenue sharing or services This Agreement may only be amended by written instrument signed by County and Town 10 Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against County or Town 11 There is no joint agency created or established by this Agreement 12 In the event any provision of this Agreement is adjudged to be not enforceable or found invalid , such provision shall be stricken and the remaining provisions shall be valid and enforceable 13 All notices or other communications made pursuant hereto shall be in writing and shall be deemed to be given and received a when hand delivered to the address stated below , or b five 5 days after being mailed to the address stated below , postage prepaid by certified or registered mail of the United States , return receipt requested to the address set forth below To Clayton Town of Clayton Post Office Box 879 Clayton , North Carolina 27520 Attn Town Manager To County County of Johnston PO Box 1059 Smithfield , North Carolina 27577 Attn County Manager Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above 6 Page 51 of 55PagePage pageNumber52TOWN OF CLAYTON By ____________________________________ Jody McLeod , Mayor ATTEST _______________________________________ Heidi L Holland , Clerk STATE OF NORTH CAROLINA COUNTY OF JOHNSON I , __________________________ , Notary Public in and for said County and State , do hereby certify that Heidi L Holland , who is either [ ] personally known by me or [ ] provided satisfactory evidence of his her identity in the form of ______________________ , came personally before me this day and acknowledged that she is the Clerk of the Town of Clayton , a North Carolina Municipal Corporation , and that by authority duly given and as the act of the corporation , the foregoing instrument was signed in its name by its Mayor , sealed with its corporate seal and attested by herself as its Clerk Witness my hand and official seal , this ______ day of ___________________ , 2025 ____________________________________ ______________________ , Notary Public My Commission Expires ________________ SEAL This Agreement has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act By ______________________________________ Town of Clayton Finance Director 7 Page 52 of 55PagePage pageNumber53COUNTY OF JOHNSTON By __________________________________ RS “ Butch ” Lawter , Jr , Chairman ATTEST _____________________________________ Dana G Cuddington , Clerk STATE OF NORTH CAROLINA COUNTY OF JOHNSTON I , __________________________________ , a notary public in and for said county and state , certify that ______________________ personally appeared before me this day , stated that he or she is the Chairman of the Board of Commissioners of Johnston County , a political subdivision of the State of North Carolina , and that by authority duly given may act on behalf of the County This the _____________ day of ___________________ , 2025 _______________________________________________ Notary Public My Commission Expires _____________________ SEAL This Agreement has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act By ______________________________________ Johnston County Finance Director 8 Page 53 of 55PagePage pageNumber54EXHIBIT A – MAP Of RTZ Parcels & Area Subject to Agreement 9 Page 54 of 55PagePage pageNumber55Map 42 of ¯ HWY Johnston County Clayton NC UUSS RTZ Parcels HHWWYY 7 Clayton ETJ Boundary 700 1 BBUUSS L Little Creek Church Rd and NC Hwy 42 E Area ITTLE CRE Area Subject to Legend EK 2 CHURCH RTZ Service Areas Agreement Streets NOVO_Owned_Parcels NOVO_Owned_Parcels_Inside_ETJ Johnston County Wilsons Mills ETJ No Clayton ETJ rf GLE GIS and Mapping olk VINSON RTZ_parcels N S PO Box 1373 Smithfield , North Carolina 27577 ou LA Phone 919 - 989 - 5153 Fax 919 - 989 - 5628 3 the Clayton City Limits UREL website wwwjohnstonnccom rn Railroad 4 6 LITTLE CREEK 7 CHURCH 5 11 19 10 18 12 8 13 FARM PONY 15 16 17 14 POWHATAN 20 BEST WOOD 8 ONE 9 GLP GORDON Wilsons Mills UUSS HHWWYY 77 00 Page 55 of 55Page