June 17, 2024, MB#56  Regular Session, June 17, 2024, 7:00 p.m. Catawba County Board of Commissioners  Appointments  Dangerous Dog Appellate Board - Terri Mace SALT Block Foundation - Laura Treadaway Greenway Transportation Board - Paul Murray Tax Collector - Lori Mathes Economic Development Emergency Services Finance Legal  886 6/17/24 866 6/17/24 886 6/17/24 886 6/17/24 886 6/17/24 902 6/17/24 901 6/17/24 901 6/17/24 891 6/17/24 903 6/17/24 903 6/17/24 886 6/17/24 886 6/17/24 886 6/17/24 886 6/17/24 903 6/17/24 886 6/17/24 887 6/17/24  Authorization to Acquire Real Property for Economic Development  Catawba County Code of Ordinances: Chapter 6-Animals-Proposed Amendments  Veterans Treatment Court - Legislative Directed Grant Subscription-Based IT Agreement Transfer and Materiality Threshold  HCCCBG SFY2024-2025 Agreement Opioid-kroger Settlement Ordinances Presentations Proclamations Public Comment Michael McRee Marcella McCombs Public Health Opioid-Kroger Settlement Public Hearings Resolutions  Catawba County Code of Ordinances: Chapter -Animals-Proposed Amendments  (Ordinance 2024-4)  Proclamation Observing June 19th as' Juneteenth" Proclamation Observing June 19th as' Juneteenth"  Authorization to Acquire Real Property  Resolution Authorizing Acquisition of Real Property for Economic Development Resolution by Catawba County Authorizing Execution of Opioid Settlements and Approving  (Resolution 2024-16).  The Second Supplemental Agreement for Additional Funds (Resolution 2024-17) 904 6/17/24  Social Services Tax  Home and Community Care Biock Grant (HCCBG) SFY2024-2025  889 6/17/24 903 6/17/24  May Tax Refunds, Releases and Adjustments  885    June 17, 2024, MB#56  The Catawba County Board of Commissioners meti in Regular Session on Monday, June 17, 2024, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Government Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Robert C. Abernethy, Jr., Also present were County Manager Mary S. Furtado, Assistant County Manager Paul Murray, Assistant County Manager Justin Merritt, County Attorney Jodi Stewart, Assistant County Attorney Josh Teague, and County Clerk 1. Chair Randy senhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer.  Dale Stiles.  2. Vice-Chair Austin Allran led the Pledge of Allegiance. 3. Chair Isenhower offered thei invocation.  4. Commissioner Robert C. Abernethy, Jr., made a motion to approve the Minutes from the Board's Regular  Meeting of June 3rd, 2024. The motion carried unanimously. Chair Isenhower welcomed everyone present.  5. Recognition of Special Guests: 6. Public Comments.  Michael McRee came forward requesting the monument on the grounds of the 1924 Courthouse not be removed. Marcella McCombs came forward and spoke about the monument, slavery and the need for Upon a recommendation by Vice-Chair Allran that came in the form of a motion which unanimously carried, the Board reappointed Terrie Mace as an Alternate to the Dangerous Dog Appellate Board for a second Upon a recommendation by Vice-Chair Allran that came in the form of a motion which unanimously carried, the Board reappointed Laura Treadaway to the SALT Block Foundation for a fourth term, with a term Upon a recommendation by County Manager Mary Furtado, the Board appointed Paul Murray to the Upon a recommendation by County Manager Mary Furtado, the Board reappointed Lori Mathes for a sixth Chair Isenhower presented a Proclamation Observing June 19th, 2024, as Juneteenth in Catawba County to Jerry McCombs, with Catawba County NAACP, and Kenyon Kelly with Catawba County Truth and Catawba County Economic Development Manager Mick Berry requested the Board conduct a public hearing and consider adopting a resolution to exercise the Option to Purchase 63.31 acres located on Conover Blvd East (PINS 375110463700 and 375110367415), and authorizing the Chair to sign any necessary documents associated with this transaction; and transfer previously appropriated funds in the amount of $1.3M from the Economic Development Reserve capital project to the Claremont International Rail Park project. Over the last decade, Catawba County Economic Development Corporation (EDC) has branded Claremont International Rail Park (CIRP) for industrial development and has marketed the multi-parcel rail-served site. The City of Claremont owns a 35.82-acre parcel along Conover Boulevard E (PIN 375110468693), acquired in 2017. In 2022, with concurrence from and in partnership with the County, Claremont optioned the  citizens to come together and move forward positively.  7. Appointments.  term, with ai term expiration of June 7, 2027. expiration of June 30, 2026.  Greenway Transportation Board for ai first term, with at term expiration of June 30, 2027.  term as Tax Collector, with at term expiration of June 30, 2026.  8. Presentations.  Reconciliation Committee. 9. Public Hearings.  886    June 17, 2024, MB#56  adjacent 63.3 acres owned by the Inez Smith heirs, to create the possibility of a 99.12-acre publicly In June 2023, Catawba County formalized its partnership with Claremont and the EDC via an interlocal agreement aimed at moving these sites closer to market readiness in a focused way. The agreement stipulates that all property purchased for this targeted industrial development will be jointly owned by Catawba County and the City of Claremont, and that all development costs (net of grants and other non- The staff team has worked through site development options and associated funding considerations, and resultantly recommends moving forward with acquisition of the optioned property. This public ownership will position Claremont and the County more favorably in pursuit of non-local grant funds to support installation ofr road infrastructure, and it will also allow the partners to move forward with implementing a grant for water line installation to serve the assemblage. The total purchase price of the optioned property is $1.1M (or roughly $17,378 per acre). Both Claremont's and Catawba County's contractual share of that purchase The County's agreement with Claremont stipulates that if the partners decide to execute the Offer to Purchase for the Smith properties, Claremont will be paid by the County for its interest in the City-owned parcel. The County has agreed to compensate Claremont for its interest in the 35.82-acre parcel by paying Claremont's $550,000 share of the purchase price for the Inez Smith property. Appraisals conducted in the area in 2022 established a market value of between $25,000 and $35,000 per acre; this arrangement provides Claremont with $30,710 in value per acre. From the County's standpoint, the proposed investment in99.12 acres for $1.1M amounts to roughly $11,098 per acre, demonstrating the strong value proposition of Ina addition to the funds required to support the land acquisition, staff requests $200,000 in funding be added tot the Claremont International Rail Park capital project to support expenses associated with road design, water line installation expense beyond grant funds, and related due diligence and site development  controlled site served by sewer.  local funding sources) will be evenly shared between the local governments.  price is $550,000.  this mult-jurisdictional partnership for both local governments.  activities. Transfer Appropriation From: 4104607009311016041 To: 410-6070.61108-1005  Future Economic Development Reserve Claremont International Rail Park  $1,300,000 $1,300,000  After Mr. Berry's presentation, there were no questions. Chair Isenhower opened the public hearing. No one came forward and Chair Isenhower closed the public hearing. Vice Chair Allran made a motion to adopt a resolution to exercise the Option to Purchase 63.31 acres located on Conover Blvd East (PINS 375110463700 and 375110367415), and authorize the Chair to sign any necessary documents associated with this transaction; and transfer previously appropriated funds in the amount of $1.3M from the Economic Development Reserve capital project to the Claremont International Rail Park project. The motion carried  unanimously.  The following resolution for applies:  RESOLUTION 2024-16 RESOLUTION AUTHORIZING  ACQUISITION OF REAL PROPERTY FOR ECONOMIC DEVELOPMENT  Whereas, North Carolina General Statute $158-7.1 authorizes cities and counties to acquire, assemble, and Whereas, the Claremont International Rail Park ("Rail Park") is a joint partnership between the City of Claremont ("City") and Catawba County ("County") formed for the purpose of creating an industrial rail-  hold for resale property that is suitable fori industrial or commercial use; and  served business park to create jobs and new investment in the local economy; and  887    June 17, 2024, MB#56  Whereas, Daniel Eugene Kidd ("Property Owner") is the owner of approximately 63.31 acres in Claremont Township, Catawba County, more particularly described on Exhibit "A" attached hereto and incorporated Whereas, the City, County and Property Owner have engaged in negotiations for the sale of the Property Whereas, the County advertised and held a public hearing on June 17, 2024, to consider whether to approve Whereas, the City of Claremont's Council and the Catawba County Board of Commissioners have or will  herein by reference ("Property"); and  and have reached an agreement on the terms of the conveyance; and  the purchase of the Property; and  approve the acquisition pursuant to an interlocal agreement.  Now, therefore, the Catawba County Board of Commissioners resolves that:  1. The purchase of the Property by County and City from the Property Owner for $1,100,000, along with the other negotiated terms in the Offer to Purchase agreement, is approved. 2. The Chair is authorized to execute any documents necessary to complete the purchase transaction. IN WITNESS WHEREOF, the Catawba County Board of Commissioners has approved this Resolution  Authorizing Acquisition of Real Property for Economic Development purposes.  This the 17th day of June, 2024.  ExhibitA A  Agreement for Purchase and Sale of Real Property  Property Description  BEING those certain two tracts of property lying and being in Cline's Township, Catawba County, to be more precisely determined by survey to be completed prior to Closing, but generally described as follows: BEING all of that 40.11-acre tract described in a deed recorded in Deed Book 796 at  FIRST TRACT Catawba 3091 the following:  309 of the Page  County Registry, but less and excepting from the description contained in Deed Book 796 at Page EXCEPTED TRACT A: A3.15 acre, more or less, tract of land owned by the heirs of Steven Edwin Smith (Catawba County File 98 E937 and Davidson County File 98 E321 (Henry E. Smith), Davidson County File 19 E 1117(Inez M. Smith) and Mecklenburg County Estate File 22 E 3221 (Steven Edwin Smith), bearing Catawba County Tax PIN 375106373781 and bounded on the north by Conover Boulevard East (US 70), the east and west by the lands of the heirs of Earl H. Moose (Deed Book 511 at Page 290 Hwy and Catawba County File 2002 E3 307), and on the south by the Norfolk Southern Railway right-of-way. EXCEPTED TRACT B: All lands of the North Southern Railway right-of-way across the 40.11 acre tract and having a northern boundary of the southern line of Excepted Tract A above, an eastern boundary of the western line of the Tract 1 of Plat Book 56 at Page 8 as more particularly described in the "Second Tract" below, the southern boundary of the Norfolk Southern Railway right-of-way across the 40.11 acre tract described in Deed Book796 at Page 309, and on the west by the lands of the heirs of Earl H. Moose, Deed  on  Book 511 at Page 290, Catawba File 2002 E307.  SECOND TRACT  888    June 17, 2024, MB#56  BEING all of Tract 1 as appearing upon a plat captioned "(Boundary Adjustment) Plat for EVANGELICAL LUTHERAN CHURCH IN AMERICA & INEZ M. SMITH, Clines Tshp, Catawba County" recorded in Plat Book 56 at Page 8, Catawba County Registry, containing 32.03 acres, more or less, bearing Catawba The exact parameters of the two tracts to be conveyed pursuant to this Agreement shall be determined by County Manager Mary Furtado presented the following five items under the consent agenda. Chair senhower asked if any commissioner wished for an item to be broken out of the consent agenda for a. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve the Home and Community Care Block Grant SFY 2024-2025 recommendations for Services funded, Service Allocations and Provider Designation from the Catawba County HCCBG Advisory Committee, and the Home and Community Care Block Grant for Older Adults Agreement for the Provision of County-Based Aging The Home and Community Care Block Grant (HCCBG) and related funding is granted to Catawba County for the provision of services to persons over the age of 60. The Catawba County Commissioners appointed the Catawba County HCCBG Advisory Committee as the planning committee and the Western Piedmont Council of Governments as lead agency for planning, to bring recommendations to the Board of  County Tax PIN: 375110463700. survey to be completed prior to Closing.  10. Consent Agenda.  individual consideration. None was requested.  Services.  Commissioners concerning use of the funds. .County Funding Allocations SFY 2024-2025  The Catawba County HCCBG allocations and related funding are:  Funding HCCBG  Fed/State Amount $1,047,517  Local Match* $116,391  *Please note that all funding requires a 10% local match. The following agencies provide the match for services that they provide: Catawba Council on Aging, Neighbor's Network, Adult Life Programs, Comfort County agencies (Catawba County Department of Social Services) provide the match from their Please accept the attached budget summary as the recommendation of the Catawba HCCBG Advisory Committee and WPCOG Area Agency on Aging concerning service/funding allocations for the Home and The Catawba County HCCBG Advisory Committee recommends the following services and provider  Keepers, Foothills Service Project and Greenway Transit.  departmentlagency budgets.  Community Care Block Grant for SFY2024-2025. II. Service Provider Designation designations for SFY 2024-2025: Service Senior Center Operations Senior Center Operations Information & Options Counseling Home Delivered Meals Congregate Meals Adult Day Care Adult Day Health  Home and Community Care Block Grant SFY 2024-2025  Agency Catawba Council on Aging Neighbor's Network Adult Life Programs, Inc Adult Life Programs, Inc. 889  Catawba County Department of Social Services Catawba County Department of Social Services Catawba County Department of Social Services    June 17, 2024, MB#56  In-Home Aide Level II In-Home Aide Level III General Transportation Transit Housing & Home Improvement The following. agreement applies:  Comfort Keepers Comfort Keepers WPRTA dba Greenway Foothills Service Project  890    June 17, 2024, MB#56  DOA-735 (revised2/16)  July 1,2024 through June: 30, 2025  Home and Community Care Block Grant for Older Adults Agreement for the) Provision of County-Based Aging Services  This Agreement, entered into as ofthis Ist day ofJ July, 2024, by and between the County of Catawba (hereinafter referred to ast the' "County") and the Western Piedmont Council of Governments Area  Agency on Aging, (hereinafter referred to as the' "Area Agency").  Witnesseth:  WHEREAS, the Area Agency and the County agree to thet terms and conditions for provision of aging services in connection with activities financed in part by Older Americans Act grant funds, providedto the Area Agency: from thel United States Department ofHealth and Human Services through the North Carolina Division of Aging (DOA) and state appropriations made available to the Area Agency through the North Carolina Division of Aging, as set forthi in a) this document, b) the County Funding Plan, as reviewed byt the Area Agency and thel Division of Aging, c) the Division of Aging Home and Community Care Block Grant Procedures Manual for Community Service Providers, d)t the Division of Aging Service Standards Manual, Volumes Ithrough IV, and, e) the Division of Aging Community NOW' THEREFORE, in consideration oft these premises, and mutual covenants and agreements 1. As provided in the Area Plan, community service providers specified byt the County to encourage maximum collocation and coordination ofs services for older persons are as follows:  Service Providers Monitoring Guidelines.  hereinafter contained, the parties hereto agree as follows:  Adult Lifel Programs Catawba County Council on Aging Catawba County Dept. of Social Services Comfort Keepers Foothills Service Project Neighbor's Network  Western Piedmont Regional Transit Authority dba Greenway' Transit  1(a) The Community Service Provider(s), shall be those specified in the County Funding Plan on1 the Provider Services Summary format(@)(DOA-732)1 for the period ending. June 301 for the year 2. Availability of Funds. The terms set forthi in this Agreement for payment are contingent upon thei receipt of Home and Community Care Block Grant funding byt the Area Agency.  stated above.  1 891    June 17, 2024, MB#56  DOA-735 (revised 2/16)  3. Grant Administration. The grant administrator for the Area Agency shall be Tinal Miller, Director. The grant administrator for the County shall be Maryl Morrison, Assistant Chief Iti is understood and agreed that the grant administrator: for the County shall represent the County in the performance ofthis Agreement. The County shall notify the Area Agency in writing ifthe administrator changes during the grant period. Specific: responsibilities of the grant administrator: for the County are provided inj paragraph seven (7) ofthis Agreement. 4. Services authorized through the County Funding Plan, as specified ont the Provider Services Summary fommat()(DOA-732), are to commence no later than July1 1 oft thes state fiscal year and shall be undertaken and pursued in such sequence as to assure their expeditious completion. Alls services required hereunder shall be completed on or before the end oft the Agreement 5. Assignability and Contracting, The County shall not assign all or any portion ofi its interest in this Agreement. Any purchase ofs services with Home and Community Care Block Grant for Older Adults funding shalll be carried outi in accordance with thej procurement and contracting policy of the community services provider or, where applicable, the Area Agency, which does not conflict withj procurement and contracting requirements contained in 45 CFR Part 75, Subpart D-Post Federal Award Requirements, Procurement Standards. Federal funds shall not be awarded to any subreceipients whol have been suspended or debarred by the Federal government. In addition, Federal funds may not be used toj purchase goods or services costing over $100,000 from a vendor that has been suspended or debarred from Federal grant programs. 6. Compensation and Payments to the County. The County shall be compensated for the work and services actually performed under this Agreement by payments tol bei made monthly byt the Area Agency. Total reimbursement to the community service providers under this Agreement may not exceed the grand total of Block Grant funding, as specified on the Provider Services  Financial Officer.  period, June 30 ofthe state fiscal year.  Summary format (DOA-732). (a)! Interim Payments to the County  Upon receipt ofa a written request: from the County, the Division of Aging, through the Area Agency, will provide the County Finance Officer with ani interim payment equivalent to seventy percent (70%) of one-twelfth (1/12) ofthe County's Home and Community Care Block Grant allocation byt the 22nd of each month.  (b) Reimbursement of Service Costs  2 892    June 17, 2024, MB#56  DOA-735 (revised 2/16)  Reimbursement ofs service costs are carried out as provided in Section 3 ofthel N.C. Division of Aging Home and Community Care Block Grant Procedures Manual for  Community Service Providers, revised February 17, 1997.  c) Role ofthe County Finance Director  The County Finance Director shall be responsible for disbursing Home and Community Care Block Grant Funding to Community Service Providers in accordance with proçedures specified ini the N.C. Division of Aging Home and Community Care Block Grant Manual for Community Service Providers, revised February 17, 1997. (d) Payment of Administration on Aging Nutrition Services Incentive Program (NSIP) NSIP subsidy. for congregate and home delivered meals will be disbursed byt the Division of Agingt through the Area Agency to the County on at monthly basis, subject to the availability ofi funds as specified in Section 3 of thel N.C. Division of Aging Home and Community Care Block Grant Procedures Manual for Community Services Ifthrough the US Department of Agriculture Area Agency on Aging Elections Project, the County elects to receive aj portion ofi its USDA entitlement ini thei form ofsurplus commodity foods in lieu of cash, the Area Agency will notify the County in writing of its community valuation upon notification from thel Division of Aging. The delivery of commodity and bonus foods is subject to availability. The County will not receive cash entitlement in lieu of commodities that are unavailable or undelivered during the  Subsidy  Providers, revised. February 17, 1997.  Agreement period.  7. Reallocation of] Funds and Budget Revisions. Any reallocation of Block Grant funding between counties shall be voluntary on the part ofthe County and shall be effective only for the period ofthe Agreement. The reallocation of] Block Grant funds between counties will not affect the allocation of future funding to the County. Ifd duringt the performance period oft the. Agreement, the Area Agency determines that aj portion oft thel Block Grant will not! be expended, the grant administrator: for the County shall be notified in writing byt the Area Agency and given the opportunity toi makei funds available for reallocation to other counties in the Planning and The County may authorize community service providers toi implement budget revisions which doi not cause the County to: falll below minimum budgeting requirements for access, in-home, congregate, and home delivered: meals services, as specified in Division of Aging budget instructions issued tot the County. Ifal budget revision will cause the County to falll below minimum budgeting requirements for any of the aforementioned services, as specifiedin  Service Area or elsewhere in thes state.  3 893    June 17, 2024, MB#56  DOA-735 (revised2/16)  Division of Aging! budgeting instructions issued to the County, the grants administrator for the County shall obtain written approval for the revision from the. Area Agency prior to implementation' byt the community service provider, so ast to assure that regional minimum budgeting requirements for the aforementioned. services willl be met. Unless community services providers have been given the capacity to enter data intot the Aging Resources Management System (ARMS), Area Agencies on Aging are responsible for entering amended service data into thel Division of Aging Management Information System, as specified in the N.C. Division. of Aging Home and Community Care Block Grant Procedures Manual for 8. Monitoring. This Agreement will be monitored to assure that services are beingi provided as stated int the Division of Aging and Adult Service Monitoring Policies and Procedures at Thei monitoring ofs services provided: under this Agreement shall be carried out byt the Area Agency on Aging in accordance with its Assessment Plan and as specified in Administrative Letter 12-08. As of. July 1,2012, DOA Program Compliance Representatives (PCRs) arei no longer monitoring HCCBG: services provided through county departments ofs social services. Counties and community service providers will receive a written report of monitoring findings ina accordance with procedures established in Section 308 oft the AAA: Policies and Procedures Manual itip/www.nedhhsgovVaginymonitonitor/mpolicy.htm). Any areas ofr non-compliance will be addressed in a written corrective action plan with the community service provider. 9. Disputes and Appeals. Any dispute concerning: a question of fact arising under this Agreement shall be identified tot the designated grants administrator: for the Area Agency. In accordance with] Lead Regional Organization (LRO) policy, a written decision shall be promptly furnished The decision oft the LRO is final unless within twenty (20) days of receipt ofs such decision the Chairman of thel Board of Commissioners furnishes a written request for appeal to thel Director ofthe North Carolina Division of Aging, with a copy sent to the Area Agency. The request for appeal shall state the exact nature oft the complaint. The Division of Aging will inform the Chairman oft the Board of Commissioners ofi its appeal procedures and will inform the Area Agency that an appeal has been filed. Procedures thereafter willl be determined by the appeals process oft thel Division of Aging. The state agency address is as follows:  Community Service Providers, revised February 17, 1997. Atp/www.nedhhspoVagingmontonitormpolicyhtm.  tot the designated grants administrator for the County.  Director  North Carolina Division of Aging 2101 Mail Service Center  4 894    June 17, 2024, MB#56  DOA-735 (revised 2/16)  693 Palmer Drive Raleigh, North Carolina 27699-2101  10. Termination for Cause. Ifthrough any cause, the County shall failt to fulfill in at timely and proper manner its obligations under this Agreement, or the County has or shall violate any of the covenants, agreements, representations or stipulations oft this Agreement, the Area Agency shall have the right tot terminate this Agreement by giving the Chairman ofthel Board of Commissioners written notice ofs such termination no fewer than fifteen (15) days prior to the effective date oftermination. In: such event, all finished documents and other materials collected or produced under this Agreement shall at the option ofthe. Area Agency, become its property. The County shall be entitled to receive just and equitable compensation for any work 11. Audit. The County agrees tol have an annual independent auditi in accordance with North Carolina General Statutes, North Carolina Local Government Commission: requirements, Division of Aging] Program Audit Guide: for Aging Services and Federal Office of] Budget and Community service providers, as specified inj paragraph one (1), who are not units of1 local government or otherwise subject tot the audit and other reporting requirements oft the Local Government Commission are subject to audit and fisçal reporting requirements, as statedi in NC General Statute 143C-6-22 and 23 and OMBI Uniform Guidance CFR 21 Part 200, where applicable. Applicable community service providers must send a copy oftheir year-end financial statements, and any required audit, to the Area Agency on Aging. Home and Community Care Block Grant providers are not required to submit Activities and Accomplishments Reports. For-profit corporations are not subject tot the requirements of OMB Uniform Guidance 2 CFRI Part 200, but are subject tol NC General Statute 143C-6-22 and 23 and Yellow Book audit requirements, where applicable. Federal funds may not be used toj pay fora a Single or Yellow Book audit unless iti is ai federal requirement. State funds will not be used toj pay for a Single or Yellow Book audit ifthe provider receives less than $500,000 in state funds. The Department of Health and Human Services will provide confirmation of federal ands state expenditures at the close oft thes state fiscal year. Information on audit and The following provides as summary of reporting requirements under NCGS 143C-6-22 and 23 and OMBI Uniform Guidance 2 CFRI Part 2001 based upon funding received and expended  satisfactorily performed under this Agreement,  Management (OMB) Uniform Guidance 20 CFR Part 200.  fiscal reportingi requirements can bei found at  htps/www.nograntss RovANCGmmt-PaubliekenatReguliomsis  during the service provider's fiscal year. Annual Expenditures Less than $25,000in  Report Required to AAA Certification form and State  Allowable Cost for Reporting N/A  5 895    June 17,2024, MB#56  DOA-735 (revised 2/16)  State or Federal funds  Grants Compliance Re- porting <$25,000 (item #11, Activities and Accomplishments does not havei to be completed) OR Audited Financial Statements in Compliance with GAO/GAS (i.e. Yellow Book) Certification form and Schedule of Grantee Receipts >$25,000 and Schedule ofl Receipts and Expendi- OR Audited Financial Statements in Compliance with GAO/GAS (i.e. Yellow Book)  Greater than $25,000 and less that $500,000 in State Funds or $750,000 in Federal Funds  N/A  tures  $500,000 + in State funds Audited Financial Statement in May use State funds, but but Federal pass through compliance with GAO/GAS (i.e. not Federal Funds  in an amount less than $750,000  Yellow Book)  $500,000-+ in State funds Audited Financial Statement in May use State and Federal and $750,000- in Federal compliance with OMBI Uniform funds  pass through funds  Guidance 2CFRI Part 200 (i.e. Single Audit)  Less than $500,000 in State Audited Financial Statement in May use. Federal funds,  funds and $750,000-in  compliance with OMBI Uniform but not State funds.  Federal pass through funds Guidance 2 CFR Part  (i.e. Single Audit)  12. Audit/Assessment Resolutions and Disallowed Cost. Itisf further understood that the community service providers are responsible to the. Area Agency: for clarifying any audit exceptions that may arisei from any Area Agency assessment, county or communitys service provider single or financial audit, or audits conducted by the State or Federal Governments. In the event that the Area Agency or the Department of] Health and Human Services disallows any expenditure made byt the community service provider for any reason, the County shall promptly  6 896    June 17,2024, MB#56  DOA-735 (revised d2/16)  repay suchi funds tot the Area. Agency once any final appeal is exhausted in accordance with paragraph nine (9). The only exceptions are ift the. Area Agency on Agingi is designated asa community service provider through the County Funding Plan or, if as a part ofap procurement process, the Area Agency on Aging enters into a contractual agreement fors service provision with aj provider which isi in addition tot the required County Funding Plan formats. Ini these exceptions, the Area. Agency is responsible for any disallowed costs. The County or Area Agency on Aging can recoup any required payback from the community service provider ini the event that payback is due to a community service provider's failure to meet OMBI Uniform Guidance CFR: 21 Part 200, 45 CFR Part 1321 or state eligibility requirements as specified in  policy.  13. Indemnity. Intentionally. Deleted.  14. Equal Employment Opportunity: and Americans With Disabilities Act Compliance. Both the County and community service providers, as identified inj paragraph one (1), shall comply with all federal and state laws relating to equal employment opportunity and accommodation for 15. Data tol be Furnished to the County. All information which is existing, readily available to the Area Agency without cost and reasonably: necessary, as determined byt the Area Agency's staff, for thej performance oft this Agreement byt the County shall bei furnished to the County and community service providers without charge byt the Area Agency. The Area. Agency, its agents and employees, shall fully cooperate, with the County in the performance oft the County's duties 16. Rights in] Documents, Materials and Datal Produced. The County and community service providers agree that at the discretion oft the Area Agency, all reports and other data prepared by or for it under the terms ofthis Agreement shall be delivered to, become and remain, the property of the Area Agency upon termination or completion of the work. Both the Area Agency and the County shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes ofthis Agreement, "data" includes writings, sound recordings, or other graphic representations, and works of similar nature. No reports or other documents produced in whole or inj part under this Agreement. shall be the subject of an application for copyright by or on behalf oft the County. 17. Interest ofthe Board of Commissioners. Thel Board of Commissioners covenants that neither the Board of Commissioners nor its agents or employees presently has an interest, nor shall acquire ani interest, direct ori indirect, which conflicts in any manner or degree with the performance ofits service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the service hereunder in an impartial and unbiased manner.  disability.  under this Agreement.  7 897    June 17, 2024, MB#56  DOA-735 (revised2/16)  18. Interest of Members of the Area Agency, Lead Regional Organization, and Others. No officer, member or employee oft the Area Agency or Lead] Regional Organization, andi no public official ofanyl local government which is affected in any way byt thel Project, who exercises any function or responsibilities ini the review or approval ofthel Project or any component part thereof, shall participate in any decisions relating tot this Agreement which affects his personal interest ort thei interest of any corporation, partnership or association in which he is, directly or indirectly, interested; nor shall anys such persons have any interest, direct or indirect, ini this 19. Officials not tol Benefit. Noi member of or delegate to the Congress ofthe United States of America, resident Commissioner or employee ofthe United States Government, shall be entitled to any share orj part ofthis Agreement or any benefits to arise here from. 20. Prohibition Against Use of Funds to Influence Legislation. Noj part of any funds under this Agreement shall be used top pay thes salary or expenses ofany employee or agent acting on behalfofthe County to engage in any activity designed toi influence legislation or 21. Confidentiality: and Security. Any client information received in connection with the performançe of any function of a community service provider or its subcontractors under this Agreement shalll be kept confidential. The community: service provider acknowledges that in receiving, storing, processing, or otherwise handling any confidential information, the agency and any subcontractors will safeguard and not further disclose thei information except as 22. Record Retention and Disposition. All state and local government agencies, nongovernmental entities, and their subrecipients, including applicable vendors, that administer programs funded by federal sources passed through thel NCI DHHS and its divisions and offices are expected to maintain compliance with thel NCI DHHS record retention and disposition schedule and any agency-specific program schedules developed jointly with the NCI Department of Cultural Resources, Division of Archives and Records. Retention requirements apply to the community service providers funded under this Agreement toj provide Home and Community Care Block itp/www.nedhhs.gv/comtro/retenion/retention.htm and updated semi-annually by thel NC DHHS Controller's Office. By funding source and state fiscal year, thiss schedule lists the earliest date that grant records in any format may! be destroyed. Thel Division of Archives and Records provides information about destroying confidential data and authorized methods of record destruction (paper and electronic) at tarchsansdraylee Govermment/Relentionschedile/Aulionized-Destruction, The NCI DHHS record retention schedule is based on federal and state regulations andj pertains tot the retention ofa all financial andj programmatic records, supporting documents, statistical  Agreement or the proceeds arising there from.  appropriations pending before Congress.  provided in this Agreement and accompanying documents.  Grant services. Information on1 retention requirements is posted at  8 898    June 17,2024, MB#56  DOA-735 (revised 2/16)  records, and all other records supporting the expenditure ofai federal grant award. Records legally required for ongoing official proceedings, such as outstanding litigation, claims, audits, or other official actions, must be maintained: for the duration oft that action, notwithstanding the In addition to record retention requirements for records in any format, the long-term and/or permanent preservation of electronic records require additional commitment and active management by agencies. The community service provider will comply with all policies, standards, and best practices published by the Division of Aging regarding the creation and 23. Applicable Law. This Agreement is executed andi ist to be performed in the State ofl North Carolina, and all questions of interpretation and construction shall be construed byt the laws of 24. Payment to Community Service Providers byt the Area Agency on Aging. The County authorizes the Area Agency on Aging, in lieu oft the County Finance Officer, toj provide interim and reimbursement payments to community service providers as prescribed in paragraphs 6(a) and (c)ofthis Agreement. Services applicable to1 this authorization are as follows:  instructions of thel NC DHHS record retention and disposition schedule.  management of electronic records.  such State.  Community Service Provider Adult Lifel Programs Catawba Council on Aging Catawba County Dept. of Social Services  Service  Adult Day Care, Adult Dayl Health Senior Center Operations Congregate Meals, Home Delivered. Meals Information & Options Counseling In-Home. Aide II, In-Home. Aide II Housing and Homel Improvement Senior Center Operations General transportation  Comfort Keepers Foothills Service Project Neighbor'sl Network  Westem Piedmont Regional Transit Authority dba Greenway Transit  9 899    June 17, 2024, MB#56  DOA-735 (revised2/16)  In witness whereof, the Area Agency and the County have executed this Agreement as of the day first  written above.  Catawba County  Attest:  By:  Chairman, Board of Commissioners  Western Piedmont Council of Governments  Attest:  By: Executive Director, Lead Regional Organization  Area Agency Director  Provision for payment of the monies to fall due under this Agreement within the current fiscal year have been made by appropriation duly authorized as required by the Local Government Budget and  Fiscal Control Act. BY:  Mary Morrison, Finance Director, Lead Regional Organization  APPROVED ASTOFORM  Date:  Jodi Stewart, County Attorney  10 900    June 17,2024, MB#56  b. The Finance and Personnel Subcommittee recommended the Board of Commissioners accept and appropriate legislatively directed grant funds in the amount of $125,000 for support of the Catawba County Veterans Treatment Court program; and authorize the County Manager to execute the required grant Catawba County has been awarded a directed grant from the Administrative Office of the Courts in the amount of $125,000 through Session Law 2024-1 for the Catawba County Veterans Treatment Court program. These funds were previously appropriated to Caldwell County during fiscal year 2023; however, Session Law 2024-1 modified the provision to direct funds to Catawba County. The grant performance period has been extended to June 30, 2026. Grant funds will be used to provide support services not included in the Bureau of Justice Assistance federal grant. Additional services include emergency housing, rental assistance, continuing education opportunities for program participants, and software utilized for tracking performance goals. Grant funds, and associated expenditures, will be managed separately from  agreement.  federal grant activities and will not duplicate efforts nor supplant. 110-270050-630567 NCAOC Directed VTC Grant 110-270050-868217 NCAOC Directed VTC Grant  Supplemental Appropriation: Revenue Expenditure  $125,000 $125,000  C. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve appropriations to recognize the Microsoft Enterprise agreement as a subscription-Dased software agreement meeting GASB 96 criteria as a debt obligation; approve a transfer appropriation from the general capital fund to the general fund to recognize debt payments for the subscription-based software agreement; and; approve the GASB 96 materiality threshold for the recognition of long-term debt obligations for subscription- The Governmental Accounting Standards Board (GASB) issued new accounting standards for the recognition of Subscription-Based Information Technology Agreements (SBITAS) with non-cancellable periods greater than 12 months. This standard is referred to as GASB 96. These standards require the recognition of a long-term debt obligation for agreements meeting the new criteria. In addition, payments made to satisfy the debt obligation must be recognized as debt service payments versus operating Catawba County's technology infrastructure is standardized on Microsoft servers and associated operating systems. During fiscal year 2023-2024, the Microsoft Enterprise Agreement was renewed for the usual and customary three-year term. In order to comply with GASB 96, the County is required to recognize a long- term debt obligation in the amount of $512,737 for the entire cost of the 3-year term. The first installment payment of $170,913 is due in the current fiscal year and is budgeted in the Server & Desktop Application capital project. Staff is requesting a transfer appropriation from the capital project fund to the Technology operating budget to recognize the debt service payment. Going forward SBITAS meeting GASB 96 criteria With the implementation of GASB 96 and its relevance to the recognition of debt obligations, staff recommends setting the materiality threshold for recognizing SBITAS as long-term debt to multi-year Ing general, the County refrains from entering into multi-year agreements unless the County reaps a financial benefit such as reduced overall cost for al longer term. When the County implements new subscription-based software it is customary for vendors to require multi-year agreements for the initial term. Such initial agreements are usually based on terms between three and five years. Subscription renewals post  based software agreements to agreements greater than $200,000.  expenses.  Subscription-Based IT Agreement  will be recognized as debt through the annual budgeting process. Subscription-Based IT Agreement (SBITA) Materiality Threshold  subscriptions greater than $200,000.  implementation usually are year-to-year agreements and do not meet GASB 96 criteria.  901    June 17, 2024, MB#56  Through the establishment of a materiality threshold for GASB 96 recognition, minimal agreements will not be recognized as debt but as an operating expense within the budget. Subscription-based agreements on a Staff have consulted with external auditors Martin Starnes and Associates for comparative thresholds for similar units of government; the proposed materiality threshold is reasonable based on that comparative  larger scale will continue to be recognized as a debt obligation and budgeted as such.  research.  Supplemental Appropriation 110-410200-690416 170-410200-980102 Transfer Appropriation From: To: 110-410200-976102  SBITA Liabilities Issued Capital Outlay-SBITA  $512,737 $512,737  41040010098200-1022 Server Desktop Applications $170,913  SBITA Principal  $170,913  d. The Policy and Public Works Subcommittee recommended the Board of Commissioners approve the proposed amendments to Chapter 6: Animal Control of the Catawba County Code of Ordinances. Ina an effort to more efficiently manage shelter population, staff recommends amending Chapter 6 to remove the requirement to hold owner-surrendered animals for 24 hours in instances when the animal is not adoptable, and to require Catawba County residency to surrender animals to the Catawba County Animal Shelter. Both of these changes will assist Shelter staff in maximizing the number of animals served through Shelter Staff are currently required to house owner-surrendered animals for 24 hours. In instances when the surrender is driven by the animal's temperament, bite history, and overall health, the animal is not eligible for adoption. In these cases, holding unadoptable owner surrenders for 24 hours increases the shelter population and reduces the number of available kennels. Modifying this practice as recommended will ease shelter capacity pressures significantly. Adoptable animals will continue to be held for 24 hours. Additionally, there is an increasing trend in residents from other counties attempting to relinquish animals from outside of Catawba County to our shelter. In an effort to effectively manage our shelter population, staff recommends requiring residents to demonstrate Catawba County residency in order to relinquish animals to  the shelter and promoting more positive overall outcomes.  our shelter, which is consistent with the practices of surrounding counties.  Current Ordinance: Sec. 6-154. Surrendered animals.  Ift the owner, or an individual with authority to act on behalf of the owner, officially surrenders an animal to Animal Services, after twenty-four (24) hours the animal may be adopted, relocated to a nonprofit rescue  group or humanely euthanized without waiting three (3) business days.  (Ord. of 8-17-2009; Ord. No. 2014-04, 6-16-2014) Proposed Revised Ordinance: Sec. 6-154. Surrendered animals.  (a) Only Catawba County residents may surrender animals to the Animal Services division. (b) Notwithstanding the provisions of Sec. 6-101 and 6-103 of this chapter, if the owner, or an individual with authority to act on behalf of the owner, officially surrenders an animal to Animal Services that is eligible for adoption, after twenty-four (24) hours the animal shall become the property oft the County  and may be disposed of in accordance with this chapter.  902    June 17, 2024, MB#56  (c) Notwithstanding the provisions of Sec. 6-101 and 6-103 of this chapter, if the owner, or an individual with authority to act on behalf of the owner, officially surrenders an animal to Animal Services that is not eligible for adoption, the animal shall become the property of the County and may be disposed of  ina accordance with this chapter immediately upon surrender.  (Ord. of8-17-2009; Ord. No. 2014-04, 6-16-2014) The following ordinance applies:  ORDINANCE NO. 2024-04  BEIT ORDAINED, that the Catawba County Code of Ordinances, Chapter 6, be amended as follows: Chapter 6-154 Animals, Article VII -Impoundment of Animals, Division 3 - Disposition, Section 154. -  Surrendered Animals. Sec. 6-154. Surrendered Animals  (a) Only Catawba County residents may surrender animals to the Animal Services division. (b) Notwithstanding the provisions of Sec. 6-101 and 6-103 of this chapter, if the owner, or an individual with authority to act on behalf of the owner, officially surrenders an animal to Animal Services that is eligible for adoption, after twenty-four (24) hours the animal shall become the property of the County (c) Notwithstanding: the provisions of Sec. 6-101 and 6-103 of this chapter, if the owner, or an individual with authority to act on behalf of the owner, officially surrenders an animal to Animal Services that is not eligible for adoption, the animal shall become the property of the County and may be disposed of  and may be disposed of in accordance with this chapter.  ina accordance with this chapter immediately upon surrender. (Ord. of 8-17-2009; Ord. No. 2014-04, 6-16-2014; Ord. No. 2024-04, 6-17-2024)  This is the 17th day of June, 2024.  e. Staff recommended the Board of Commissioners approve 13 releases totaling $1,261.98, six refunds totaling $6,314.23 and 54 Motor Vehicles Bill adjustments / refunds totaling $3,814.00 requested during the Tax Office staff has checked records and verified the legitimacy oft the requests received during the month of Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing / being sold, and clerical errors. The refunds were due mainly to billing errors. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously.  month of May. May.  transfers of ownership, change in values and change in situs.  11. Other Items of Business. None. 12. Manager's Report. None. 12. Attorney's Report.  County Attorney Jodi Stewart requested the Board of Commissioners approve a resolution authorizing the County Manager to execute all documents necessary to enter into an opioid settlement agreement with Kroger, to execute a second Supplemental Agreement for Additional Funds (SAAF-2), and to provide such  documents to Rubris, the Implementation Administrator.  903    June 17, 2024, MB#56  The North Carolina Department of Justice recently announced a new opioid settlement with Kroger, which owns Harris Teeter. This settlement will result in a maximum of just over $40 million to state and local governments throughout North Carolina over an eleven-year period (FY 24-25 through FY33-34). Catawba Tor receive these funds, the Board of Commissioners must approve a resolution by August 12th that joins the As with the other settlements, these funds are intended for opioid abatement and remediation activities, with specific allowable activities spelled out in the NC Memorandum of Agreement (MOA) the County approved in 2021. Pert the terms of this MOA, the County created a special revenue fund to account for these funds. The County is in the process of evaluating strategies which will render the greatest impact to address the  County is projected to receive $707,238.01 during that period. settlement: and authorizes county staff to sign the settlement paperwork.  opioid crisis. There is no spending deadline associated with these funds  The following resolution applies:  Resolution 2024-17  RESOLUTION BY THE CATAWBA COUNTY SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS  AUTHORIZING EXECUTION OF OPIOID SETTLEMENTS AND. APPROVING THE SECOND WHEREAS, the Centers for Disease Control and Prevention estimates the total economic burden of prescription opioid misuse alone in the United States is $78.5 billion a year, including the costs of WHEREAS, certain counties and municipalities in North Carolina joined with thousands of local governments across the country to file lawsuits against opioid manufacturers, pharmaceutical distribution companies, and WHEREAS, a settlement has been reached in litigation against the Kroger Co. ("Kroger") as well as its WHEREAS, representatives of local North Carolina governments, the North Carolina Association of County Commissioners, and the North Carolina Department of Justice have negotiated and prepared a Second Supplemental Agreement for Additional Funds (SAAF-2) to provide for the equitable distribution of the WHEREAS, by joining the settlements and approving the SAAF-2, the state and local governments maximize North Carolina's share of opioid settlement funds to ensure the needed resources reach WHEREAS, iti is advantageous to all North Carolinians for local governments, including Catawba County and its residents, to sign onto the settlements and SAAF-2 and demonstrate solidarity in response to the opioid overdose crisis, and to maximize the share of opioid settlement funds received both in the state and this WHEREAS, the SAAF-2 directs substantial resources over multiple years to local governments on the front lines of the opioid overdose epidemic while ensuring that these resources are used in an effective way to NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of Catawba County hereby authorizes the County Manager to execute all documents necessary to enter into opioid settlement agreements with Kroger, to execute the SAAF-2, and to provide such documents to Rubris, the  healthcare, lost productivity, addiction treatment, and criminal justice involvement; and chain drug stores to hold those companies accountable for their misconduct; and subsidiaries, affiliates, officers, and directors named in the Kroger Settlement; and  proceeds of these settlements; and  communities, as quickly, effectively, and directly as possible; and  county to help abate the harm; and  address the crisis;  Implementation Administrator.  904    June 17, 2024, MB#56  Adopted this the 17th day of June, 2024.  Commissioner Barbara G. Beatty made a motion to approve a resolution authorizing the County Manager to execute all documents necessary to enter into an opioid settlement agreement with Kroger, to execute a second Supplemental Agreement for Additional Funds (SAAF-2), and to provide such documents to Rubris,  the Implementation Administrator. The motion carried unanimously. 13. Adjournment. No further action was taken. Upon a  Beatty which unanimously  carried, the meeting was adjourned at 7:28 p.m. R  Randy Isenhower, Chair Catawba County Board of Commissioners Dae Rt  Dale R. Stiles County Clerk  905