May 20, 2024, MB#56  Regular Session, May 20, 2024, 7:00 p.m. Catawba County Board of Commissioners  Appointments  Hickory Regional Planning Board-Bill Pekman Public Health Board-Dr. Bruce Carlton Public Health Board-Dr. Steven Sanderson Conover Planning Board-Ken Hilderbran Economic Development  855 05/20/24 855 05/20/24 855 05/20/24 855 05/20/24 855 05/20/24 856 05/20/24 858 05/20/24 870 05/20/24 855 05/20/24 855 05/20/24 856 05/20/24 870 05/20/24 871 05/20/24 871 05/20/24  Western Piedmont Sister Cities Association Board-Tracey Trimble Project Plate: Steel Warehouse of North Carolina LLC  Legal Libraries Public Comment James Michael McRee Sherrill Watkins Public Hearings Resolutions Tax  Steel Warehouse of North Carolina Economic Development Agreement Library Services Technology Act (LSTA) Grant Appropriation  Project Plate: Steel Warehouse of North Carolina LLC  Resolution Authorizing Economic Development Incentives for Steel Warehouse  Of North Carolina LLC (Resolution 2024-1 13)  April Tax Refunds, Releases and Adjustments Blackburn C&D Landfill Closure Project Construction Bid  Utilities and Engineering  The Catawba County Board of Commissioners met in Regular Session on Monday, May 20, 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, County Clerk 1. Chair Randy Isenhower 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, and Deputy Clerk Kim Hefner.  2. Commissioner Barbara G. Beatty led the Pledge of Allegiance. 3. Commissioner Cole Setzer offered the invocation.  855    May 20, 2024, MB#56  4. Commissioner Robert C. Abernethy, Jr., made a motion to approve the Minutes from the Board's Regular Meeting of May 6th, 2024, and Special Meeting and Special Closed Session of May 13, 2024. The motion  carried unanimously. 5. Recognition of Special Guests: 6. Public Comments.  Chair Isenhower welcomed everyone present.  James Michael McRee came forward and spoke about history of Catawba County. Sherrill Watkins came forward and thanked County Manager Mary Furtado, Sheriff Don Brown and staff for developing the Civic Upon a recommendation by Vice-Chair Allran that came in the form of a motion which unanimously carried, the Board reappointed Dr. Bill Pekman to the Hickory Regional Planning Board for a 4th term, with a term Upon a recommendation by Vice-Chair Allran that came in the form of a motion which unanimously carried, the Board reappointed Dr. Burce Carlton to the Public Health Board for a 2nd term, and Dr. Steven Sanderson to the Public Health Board for a 1st full term, each with term expirations of. June 30, 2027. Upon a recommendation by Vice-Chair Allran that came in the form of a motion which unanimously carried, the Board reappointed Ken Hilderbran to the Conover Planning Board for a 10th term, with a term expiration Upon the recommendation by Commissioner Beatty that came in the form of a motion which unanimously carried, the Board reappointed Tracey Trimble to the Western Piedmont Sister Cities Association Board for a Catawba County Economic Development Corporation Specialist Kimberly Propst requested the Board of Commissioners conduct a public hearing to consider approving the Economic Development Agreement between the County and Steel Warehouse of North Carolina and the related resolution, and authorize the Steel Warehouse, parent company to Steel Warehouse of North Carolina, is a 75-year-old, privately held, steel service center based in South Bend, IN. With 12 facilities across the U.S., Mexico, and Brazil, they process approximately 2 million tons of steel annually and employ around 2,500 full-time positions. Their goal is to enhance their presence in the growing North Carolina market (e.g., John Deere, Doosan/Bobcat, Steel Warehouse is targeting a 27-acre property in Hickory (2441 Highland Avenue NE, former Appalachian Hardwoods) as a pivotal expansion hub, given its strategic proximity to key markets in NC, VA, and SC. Long-dormant, the site offers approximately 50,000sf of ready-to-repurpose space. Within the first year, the company plans to make optimal use of this space by enclosing segments for equipment housing and by integrating advanced machinery, thereby creating 15-20 jobs. In the subsequent year, the emphasis will be Ar necessary addition to the property and for this project will be a new rail spur and at-grade crossing of Highland Avenue/US 70. NCDOT and Norfolk Southern have been receptive and approving of all necessary plans, but this requirement has made the project particularly competitive with alternative sites elsewhere that Alongside these developments, non-essential structures will give way to state-of-the-art infrastructure, and there's potential for an additional 300,000sf of warehouse expansion. The project is projected to invest at least $27 million and create at least 58 positions paying $59,566, well above the County average wage in  Leadership Academy and the Sheriff's Citizen's Academy.  7. Appointments.  expiration of June 30, 2027.  of May 31, 2027.  2nd term, with ai term expiration of. July 31, 2026.  8. Public Hearings.  Chair to execute these along with any other needed documents.  Caterpillar) and to better cater to the Southeast region.  on broadening operational capacities, leading to an additional 10-15 roles.  may have featured existing raili infrastructure.  2023 ($52,172) and 2024 ($54,151).  856    May 20, 2024, MB#56  The proposed incentive is a property tax grant of 50% over five years (maximum $294,392), beginning after the first or second year of investment (company may select with prior notice). This investment will net a positive payback to the county immediately, similar to paybacks used to determine grant involvement in Like all incentives provided by the County, these incentives will be based on an economic development agreement which requires Steel Warehouse of North Carolina to meet minimum thresholds of investment ($27,000,000 by the end of 2027) and job creation (58 new jobs by end of 2027). Clawbacks are included in the agreement, requiring repayment should the investment and job creation amounts not be met or Additionally, EDC staff would recommend the County's participation with the City of Hickory to share the required 5% match to apply for and administer a NC Building Reuse Grant (valued $240,000) = at a After Ms. Propst's presentation, there were no questions. Chair Isenhower opened the public hearing. No one came forward and the Chair closed the public hearing. Commissioner Beatty made a motion to approve the Economic Development Agreement between the County and Steel Warehouse of North Carolina and the related resolution, along with the $6,000 match, and authorize the Chair to execute these along with any  other county projects.  sustained.  maximum cost to the County of $6,000.  other needed documents. The motion carried unanimously. The following Economic Development, Agreement is approved:  857    May 20, 2024, MB#56  STATE OF NORTH CAROLINA COUNTY OF CATAWBA  CATAWBA COUNTY AND STEEL WAREHOUSE OF NORTH CAROLINA LLC ECONOMIC DEVELOPMENT AGREEMENT  This JOINT ECONOMIC DEVELOPMENT AGREEMENT ("Agreement") is made and North Carolina body politic, having a mailing address of Post Office Box 389, Newton, NC, 28658, and Steel Warehouse of North Carolina LLC ("Steel" or Company), a Limited Liability Company organized and existing under the laws of the State of North Carolina, having a mailing  entered into this day of  2024, by and between Catawba County ("County"), a  address of 2722 W. Tucker Drive, South Bend, Indiana 46619.  WITNESSETH:  WHEREAS, North Carolina General Statute ("NCGS") $158-7.1(a) authorizes County to make appropriations for the purpose of aiding and encouraging the location of business enterprises andi industrial and commercial businesses in or near its boundaries, and Steel is an WHEREAS, Steeli intends to construct, up-fita and/or equip existing manufacturing facilities 'Improvements), at 2441 Highland Avenue NE, Hickory, NC: 28601, and 2511 Highland. Avenue NE, Hickory, NC 28601 (Parcel ID: # 372205192258) (the "Property"), at a cost of not less than Twenty Seven Million Dollars ($27,000,000) and intends to create a minimum of fifty eight (58) jobs at the facility, with the Improvements to be made and new. jobs to be created between WHEREAS, Steele expects tol be a communty-oriented. company andi intends to participate inj philanthropy, community events and programs intended to increase the health and happiness of their employees and the greater community as a whole and to consider participation in the Catawba County Economic Development Corporation corporate Committee of 100501(c)(3) non- WHEREAS, Steel is encouraged, to the reasonable extent possible, to purchase local services and supplies, such as, but not limited to, locally produced products, local hotel, motel and hospitality services, locall building and constructionservices, and other products and services. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the  industrial steel processor within the meaning of NCGS $158-7.1; and  January 1, 2024 and December 31, 2027 (the Improvement Period");and  profit sponsorship; and  parties hereto agree as follows:  SECTIONI- STEEL WAREHOUSE  1. On or before June 30, 2024, the Company shall deliver to County a certificate confirming that Steel owns or has the right to acquire the Property and that the installation of the Improvements byt the Company will result int the creation, maintenance and availability of aminimum of fifty eight (58)j jobst tot thet facility inl Hickory ("Facility") ond or before December 31, 2027 and that the overall average annual wage for these 58j jobs at the Facility will equal or exceed $59,566 for each year required under this Agreement. The Company  Joint Economic Development, Agreement  Between County of Catawba and Steel Warehouse of North Carolinal LLC  May, 2024 Page1 1 of12    May 20, 2024, MB#56  affirms its understanding of, and agrees to comply with, the Calendar of Responsibilties as outlined in Exhibit A, attached hereto and incorporated herein by reference. Such certificate shall be substantially int thet form oft the certificate attached toi this Agreement: as 2. In order to induce County to enter into this Agreement and to appropriate and expend monies for payment of Economic Development Incentive Grants, the Company represents a. The Company is qualified to do business in the State of North Carolina, has a place of business within the State of North Carolina, and is in good standing and b. The Company has the corporate power and authority to owne or lease its properties and assets and to carry on its business as now being conducted and has the corporate power and authority to execute and perform this Agreement; C. The undersigned representative of the Company has the right, authority and duty to execute this Agreement in the name and on behalf of the Company; d. This Agreement () is the valid and binding instrument and agreement of the Company, enforceable against the Companyi in accordance withi its terms; (i) does not violate any order of any court or other agency of government binding on the Company, the charter documents or operating agreement of the Company or any provision of anyi indenture, agreement or other instrument to which the Company isa party; and () does not conflictwith, resulti in a breach of, or constitute ane event of default, or an event which, with notice or lapse oft time, or both, would constitute an event of default, under any indenture, agreement or other instrument to which e. There is no suit, claim, action or litigation pending, or to the knowledge of the Company threatened, relating to the Improvements, the use of the Improvements fort their intended purpose, or any other matter contained herein; and f. The Company is not engaged in a business that would be exempt from property 3. Steel shall make or cause tol be made Improvements to the Property, as applicable, during the Improvement Period. Cumulative expenditures shall be inclusive of new construction and/or property renovations, machinery, equipment, furniture, fixtures and computer equipment. Costs for the Improvements to the Property, made or caused to be made by the Company for capital equipment and trade fixtures used to assemble, manufacture, and process business-related goods and services will meet or exceed Twenty Seven Million Dollars ($27,000,000) by December 31,2027, all of which will qualify and result in additional value for ad valorem tax purposes as determined byt the Catawba County Tax Office. The Company agrees to maintain in place, in good condition ordinary wear and tear excepted, said Improvements at least through December 31, 2030 ('Investment Maintenance Period") if the Company elects 2026 as the initial Grant Year (GY1), or through at least December 31, 2031 if the Company elects 2027 as GY1, as provided in  ExhibitA.  and warrants that, as oft the execution date hereof:  authorized to do business int the State of North Carolina;  the Companyi is a party;  taxes.  Paragraph 6.d.  Joint Economic Development. Agreement  Between County of Catawba and Steel Warehouse of! North Carolina LLC  May, 2024 Page 2of1 12    May 20, 2024, MB#56  4. Steel shall create a minimum of fifty (58) newj jobs at the Facility by December 31, 2027 and maintain these jobs as defined herein at least through December 31, 2030 ("Jobs Maintenance Period") if the Company elects 2026 as the initial Grant Year (GY1), or through at least Deçember 31, 2031 ifthe Company elects 2027 as GY1, as provided in Paragraph 6.d. A job is defined as employment that provides sixteen hundred (1600)  hours or more of worki in any twelve (12) month period.  SECTION II- COUNTY  5. In order to induce the Company to enter into this Agreement and to appropriate and expend monies for payment of Economic Development Incentive Grants, County represents and warrants that, to the best of County's knowledge, as of the execution date a. Countyis is al North Carolina body politic corporate inr nature and existing under North b. County has the power and authority to carry on its business as now being conducted and has the power and authority to execute and perform this C. The undersigned authorized representative of County has the right, authority and dutyt to execute this Agreement in the name and on behalf of County; d. This Agreement ( is the valid and binding instrument and agreement of County, enforceable against County in accordance with its terms; (i) does not violate any order of any court or other agency of government binding on County, the charter documents of County or any provision of any indenture, agreement or other instrument to which County is a party; and (ii) does not conflict with, result in a breach of, or constitute an event of default, or an event which, with notice or lapse of time, or both, would constitute an event of default, under any indenture, agreement or other instrument to which County is a party; and e. There is no suit, claim, action or litigation pending, or to the knowledge of County threatened, relating to the Improvements, the use of the Improvements for their intended purpose, or any other matter contained herein. 6. Payment of economic development incentives to Steel for Real and Personal Property Investments and for Job Creation in accordance with this Agreement shall be made as a. Inc consideration of the Company's commitment to Investment and Job Creation, County agrees to provide annual payments in accordance with Section 6.c. ando d. (each an "Annual Incentive Payment") and subject to the cap set forth in section 6.b. in an amount equal to Fifty percent (50%) of the ad valoremtaxes associated with the additional assessed value of real and personal property made or caused to be made by the Company (exclusive of rolling stock) in excess of the assessed value of the Property as of January 1, 2023, which is $1,581,200 ("Base Value"), as paid to the County for ai five (5) year period (Grant Year (GY) 1 through GY5) Between County of Catawba and Steel Warehouse of North Carolina LLC  hereof:  Carolina law; Agreement;  follows:  Joint Economic Development, Agreement  May, 2024 Page 3of12    May 20, 2024, MB#56  commencing with the taxes assessed on January 1, 2025 or 2026, and. January1 1 of the succeeding four (4) years for Improvements made or caused tol be made by the Company at the Properties, as applicable, pursuant to Paragraphs 3a and 4v with b. In no event will the cumulative Annual Incentive Payments by County exceed Two Hundred Ninety Four Thousand Three Hundred Ninety Two Dollars ($294,392) for the term oft the Agreement as further described in the chart below.  maximum payments shown int the chart below.  Estimated Payment Period GY1 GY2 GY3 GY4 GY5 Total  Grant Percentage Maximum Payment By  County by' Year $50,111 $57,085 $61,070 $63,063 $63,063 $294,392  50% 50% 50% 50% 50%  C. Said amounts shall be payable annually, subject to the Company being in compliance with all requirements oft the Agreement, beginning in GY1 and payable d. No later than January 31, 2025, the Company will notify the County whether it wishes GY1 to be 2026 or 2027. If the Company does not make any such notification the default year for GY1 will be 2026 based on taxes assessed on January 1, 2025. Upon payment of ad valorem taxes by the Company to the County for each grant year 2026 (or 2027) through 2030 (or 2031 by election) and certification of Improvements and. Job Creation submitted by the Companyt to the County by March 5th beginning in the selected calendar year in the form or substantially in the form of Exhibit B, attached and incorporated herein by reference, the County will, within ninety (90) days, payt to the Company an amount calculated by multiplying the corresponding grant percentages outlined in section 6.b. times the total ad valorem tax revenue received by the County attributable to the value oft the Improvements made by the Company pursuant tot this Agreement in excess of Base Value of the Property, which the parties agree is One Million Five Hundred Eighty One Thousand" Two Hundred Dollars ($1,581,200). The Base Value will be deducted fromi the total assessed value of building and landi in the determination of the value of net new Improvements made byt the Company ini the e. This same process will be followed by County and Company in the four (4) f. Company shall furnish to County on or before March 5th of each calendar year, following and corresponding to the previous July 1st when taxes are billed, the certification required by Paragraph 6.d. and proof of payment of all applicable taxes. If requested, Company shall provide County, at County's expense, independent certification as to such expenditures and number of existing jobs. Between County of Catawba and Steel Warehouse of North Carolina LLC  throughGY5.  calculation of economic development incentives. following years, after Steel selects GY1.  Joint Economic Development. Agreement  May, 2024 Page4of12    May 20, 2024, MB#56  SECTION! II-FORCE MAJEURE, EVENTS OF DEFAULTAND REMEDIES 7. Force Majeure. Notwithstanding the provisions of Paragraph 8, in the event Company is unable to meet the requirements of this Agreement as a result of ( an event of force majeure, including but not limited to fires, explosions, acts of God, acts of public enemy, insurrections, riots, terrorism, embargoes, labor disputes, including strikes, lockouts and job actions, or boycotts; (i) the inability to obtain the governmental permits or approvals (including zoning) necessary for the acquisition of the Property, construction of the Improvements, or undertaking and operating the Improvements aftera a goodf faith effortt to obtain same has been made; (ili) shortages of materials or energy; or (iv) changes in laws; then, in such event, the Improvement Period shall be extended for a period equal to the delay caused by any of the foregoing events so long as Company shall (a) have furnished County on a timely basis, upon the occurrence of such event, a notice thereof, and (b) taken all commercially reasonable steps necessary to relieve the effect of such event and to resume completion of the Improvements. In accord with the foregoing, should the Company be unable to meet the requirements as described above as a result ofa force majeure, the obligation of the County to pay as provided in Section II above, shall be suspended until sucht time as the Company is relieved fromi the effect of an event of force 8. Itshall be an' "Event of Default" by Company if any one or more of the following events shall occur for any reason' whatsoever and whether such occurrence shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance witha anyj judgment, decree or order ofany court or any order, rule or regulation a. If Company shall fail to qualify and/or maintain the requirements for eligibility and participation in agreements for State of North Carolina incentives, One North Carolina Fund Grants, or other North Carolina grants/incentives applied for and b. IfC Company, except in the event of force majeure, commits a breach of an obligation, including without limitation, the obligation to () make the Investment during the Improvement Period and maintain the Improvements during the Investment Maintenance Period and/or, (i) create andi maintain a minimum of Fifty Two (52) newj jobs at the Property and that the overall average annual wage for the created jobs wille equal or exceed $59,566, whichi is ninety percent (90%) oft the proposed Fifty Eight (58) jobs at the Property during the Jobs Maintenance Period and such breach continues for a period of sixty (60) or more days following receipt C. Ifduring the Jobs Maintenance Period, the Company fails to timely file Exhibit B on or before March 5th of each year, following and corresponding to the previous July 1st whent taxes are billed anda any qualifying incentive that would be due tot the Company, such failure shall be deemed a breach of the Agreement and notwithstanding Paragraph 9 below, the sole remedy of the County will bei thatthe County will not owe the Company Economic Development Incentive Grants that may! have otherwise been due hadi those filings properly been made when due; Between County of Catawba and Steel Warehouse of North Carolinal LLC  majeure and resumes completion of the Improvements.  of any administrative or governmental body:  awarded;  by the Company of written notice from the County;  Joint Economic Development. Agreement  May, 2024 Page 5of12    May 20, 2024, MB#56  d. Ifa any material representation, warranty or other statement off fact contained int this Agreement or in any final writing, certificate, report or statement furnished by Company to County in connection with the transaction described in this Agreement, shall, to Company's knowledge, to be false or misleading in any e. If Company shall be unable to payi its debts generally as they become due; files a petition to take advantage of anyi insolvency statute; makes an assignment fort the benefit of creditors; commences a proceeding for the appointment of a receiver, trustee, liquidator or conservator of themselves or of the whole or any substantial part of their property; files a petition or answer seeking reorganization or arrangement of similar relief under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any state; f. Ifa Court of competent jurisdiction shall enter an order, judgment, or decree appointing a custodian, receiver, trustee, liquidator, or conservator of Company or of the whole or any substantial part of their properties, or approves a petition filed against Company seeking reorganization or arrangement ofs similar relief undert the federal bankruptcy laws or any other applicable law or statute; or if, under the provisions of any other law for the relief or aid of debtors, a court of competent jurisdiction shall assume custody or control of Company or of the whole or any g. If Steel shall allowt the Improvements, employment and average wage amounts fall below the minimum values agreed upon int this Agreement fort the Property. 9. County Remedy: IfCompany fails to cure an Event of Default for which it receives written notice from the County, which written notice will not be given to the Company by the County for a failure to timely file Exhibit B, due to its failure to satisfy the Improvement requirement or Jobs Creation requirement, the obligation of County as set out herein shall terminate, and Company shall immediately refund to County all Annual Incentive Payments paid to Company prior to the date of the Event of Default, plus interest calculated at the SOFR plus one percent (1%). The applicable SOFR will be the rate reported by the Federal Reserve Bank of New' York ont the dayt the Company receives the notice of the Event of Default. Company shall, as it relates to an Event of Default, have sixty (60) days after receipt of the notice required above, to cure the Event of Default. The remedies described ini this Paragraph 9s shall bet the County's sole remedies in connection 10. Company Remedy: Ifc Countyf fails to cure: a default for which itr receives written notice from Company, the obligations of Company as set out herein shall terminate; however, the obligations of the County shall remain in full force and effect, including the obligation to pay the Annual Incentive Payment due for the specific year of the default, as delineated int thet terms oft this Agreement. County shall, asi it relates to an Event of Default, have sixty (60) days after receipt of the notice required above, to cure the Event of Default. It is understood that this remedy pertains solely to the obligations and payments due within the year of the cited default, without extending the County's payment obligations in subsequent years where the Company may not fulfilli its obligations under this Agreement.  material respect at thet time given;  substantial part of their properties;  with any Event of Default by Company.  SECTIONIV-OTHER Joint Economic Development. Agreement May, 2024 Page 6 of1 12  Between County of Catawba and Steel Warehouse of! North Carolinal LLC    May 20, 2024, MB#56  11. Company and County acknowledge that any monies appropriated and expended by County for economic development incentives, as provided in this Agreement, are for a bona fide public purpose and are expended in good faith reliance on NCGS $158-7.1. In the event a Court of competent jurisdiction rules to which either Company or County is a party, that all monies expended by County pursuant to this Agreement were not offered and acceptedi in goodf faith and in compliance with NCGS $158-7.1 and, further, that such monies must be repaid, Company will make such repayment to County. In the event one or more lawsuits are brought against County or any County elected official, officer, agent or employee, or Company, challenging the legality of this Agreement, then County and Company shall exercise their best efforts to defend against any and all such lawsuits, at their own cost ande expense. In any event, if Company is required to repayf funds to County pursuant to this Paragraph 11, the benefit of this Agreement to Company will have been lost and all further obligations of Company hereunder shall terminate. 12. The Company shall at all times observe and comply with all federal, state and local laws, regulations, codes, rules, ordinances and any other requirements. The Company further agrees it will not discriminate by reason by age, race, religion, color, sex, national origin 13. All notices, certificates or other communications required or permitted to be given or served hereunder shall be deemed given or served in accordance with the provisions of this Agreementi if ther notice is @r mailedi in as sealed wrapper and is deposited int the United States mail, certified mail, return reçeipt requested, postage prepaid, or (i) deposited with a national overnight courier service that retains receipts for its deliveries, properly  or disability.  addressed as follows:  County of Catawba: Catawba County  Attn: Mary Furtado, County Manager PO Box 389 Newton, NC 28658 County Attorney Attn: Jodi Stewart, County Attorney PO Box 389 Newton, NC 28658 Steel Warehouse of North Carolina Inc. Attn: Nathan Lerman, Vice President 2722' W.1 Tucker Drive South Bend, Indiana 46619  Copy to:  Steel:  County or Company may, by notice given to the other, designate any further or different addresses to which notices, certificates, requests or other communications shall be sent. 14. This Agréement shall inure to the benefit of, and is binding upon, County and Company and their respective successors and assigns. However, neither this Agreement, nor any rights, privileges, nor claims created by this Agreement may be transferred by Company without the prior, written approval of County, which approval will not be unreasonably  withheld.  Joint Economic Development Agreement  Between County of Catawba and Steel Warehouse of North Carolinal LLC  May, 2024 Page7of12    May 20, 2024, MB#56  15. Except as otherwise provided in this Agreement, this Agreement may not be amended, changed, modified or altered except by written agreement of the parties. 16. If any provision of this Agreement is held invalid or unenforceable by any court of competent) jurisdiction, such holding shall noti invalidate or renderu unenforceable any other 17. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such fully- 18. This Agreement is governed by and shall be construed in accordance with the laws of the State of North Carolina; venue of any action shall be in the general courts of justice in Catawba County, or ifin Federal courti int the Western District of North Carolina. 19. The term of this Agreement shall commence on the date the agreement is made and entered into and expire upon the later of () payment by the County of all Economic Development Incentive Grant payments due to the Company or () expiration of the Maintenance Period, unless earlier terminated as provided herein (the Term"). 20. Both Company and County acknowledge and stipulate that this Agreementi is the product of mutual negotiation and bargaining and that it has been drafted by Counsel for both Company and County. As such, the doctrine of construction against the drafter shall have INWITNESS WHEREOF the parties hereto have set their hands and seals as of the day  provisions of this Agreement.  executed counterpart.  no application to this Agreement.  and year first above written.  (Signatures ont following pages)  Joint Economic Development, Agreement  Between County of Catawba and Steel Warehouse of North Carolina LLC  May, 2024 Pages 8of1 12    May 20, 2024, MB#56  County of Catawba, AI North Carolina Body Politic  Attest: (SEAL)  By:.  (Seal)  C. Randall Isenhower, Chair Catawba County Board of Commissioners  Dale R. Stiles, Clerk  STATE OF NORTHO CAROLINA COUNTY OFCATAWBA  a Notary Public of said county and state, certify that  Dale R. Stiles personally came before me this day and acknowledged that shei is County Clerk to the Catawba County Board of Commissioners, a body politic corporate in nature, and that by authority duly given and as the act of the body politic the foregoing instrument was signed in its name byi its Chair, sealed with its body politic seal, and attested by herself as County Clerk.  Witness my hand and sealt this  day of  2024.  [Seall  Notary Public  My commission expires: and Fiscal Control. Act.  This document has been pre-audited in the manner required by the Local Government Budget  Catawba County Finance Director  Approved as tot form on behalf of Catawba County only:  Jodi Stewart, County Attorney  Joint Economic Development Agreement  Between County of Catawba and Steel Warehouse of North Carolinal LLC  May, 2024 Page 9of12    May 20, 2024, MB#56  Steel Warehouse of North Carolina LLC  By:.  (Seal)  [NAME), (POSITIONI  STATE OF COUNTY OF. , that  a Notary Public of said County and State, do certify personally appeared before me this day and  acknowledged on behalf of SteelWarehouse of North Carolina the voluntary due execution of the  foregoing document, all for the purposes therein expressed.  Witness my hand and sealt this  day of  2024.  [Seal)  Notary Public  My commission expires:  Joint Economic Development. Agreement  Between County of Catawba and Steel Warehouse of North Carolina LLC  May, 2024 Page 10of12    May 20, 2024, MB#56  EXHIBITA  Joint Economic Development Agreement  Between County of Catawba and Steel Warehouse of North Carolina LLC  CERTIFICATE TO:  Catawba County  This Certificate is delivered pursuant to Paragraph 1 of the Joint Economic Development ("County") and Steel Warehouse of North Carolina LLC ("Steel"). Any capitalized term not otherwise defined herein shall have the meaning assigned to sucht termi in the Agreement.  Agreement (the Agreement"), dated  between Catawba County  do hereby certify, for and on! behalf of Steel,  that:  (a) Steel owns the real property necessary for the Improvements; and (b) Steel intends to create, maintain and make available a minimum of fifty eight (58) newj jobs prior to December 31, 2027, the overall average annual wage of which will equal or exceed $59,566, for each year that County pays Steel the Economic Development Incentive Grants provided for herein; and (c) Steel agrees to comply with the Calendar of Responsibilties listed below.  Calendar of Responsibilities:  By January 5: Steel makes payment to County according to Tax Listing filed by January 315t of By March 5: Steel must provide Exhibit B, supporting documents and proof of payment and/or By April 15: Steel must provide Real/Personal Property Tax listings to County Tax Office. By April 22: County Tax Office to provide Tax Listing on Specified. Accounts.*  the previous year unless extension is requested and approved for April 15l.Any  extension request must be filed by January 31s. compliance as required within Agreement.  *Note: This is not a company responsibility.  Dated at Catawba County, North Carolina, this  day of  2024.  Steel Warehouse of North Carolina LLC  By: Name: Title:  JointE Economic Development. Agreement  Between County of Catawba and Steel Warehouse of North Carolinal LLC  May, 2024 Page 110 of12    May 20, 2024, MB#56  EXHIBITB CERTIFICATE  Joint Economic Development Agreement  Between County of Catawba and Steel Warehouse of North Carolina LLC  TO:  Catawba County  This Certificate is delivered pursuant to the Joint Economic Development Agreement ('the Warehouse ofl North Carolina LLC("Steel).. Any capitalized' termr not otherwise defined! herein shall  "Agreement") dated  202_ between Catawba County ("County") and Steel  have the meaning assigned to sucht termi in the Agreement.  Steel does hereby certify that: Year:  (a) The following improvements were made during the 20_ Calendar (b) The following jobs were created during the 20_ Calendar Year: (c) The average wage of the new jobs created at the Hickory facility during the 20_ Calendar Year is as follows: (Wage Forms Total Payroll divided by number of new (d) Total cumulative real and personal properylmprovements installed att thef facility since  (attach most recent quarterly 3td party payroll report, Form  NCUI 101 or other payroll documentation to verify);  employees). January 1, 2024.  and 20  (e) Proof of taxes paid is attached to this certificate. Dated at Catawba County, North Carolina, this  day of  Steel Warehouse of North Carolina LLC  By: Name: Title:  Attachments (required): Calendar of Responsibilities:  Current Year Catawba County personal and real property Tax Listing information as reported to Catawia County Tax Office, most recent quarterly Form NCUI 101, Proof of taxes paid in full. By January 5: Steel makes payment to County of ad valorem taxes according to Tax Listing filed By March 5: Steel must provide this Exhibit B, supporting documents and proof of payment By April 15: Steel must provide Real/Personal Property Tax listings to County Tax Office. By April 22: County Tax Office to provide Tax Listing on Specified Accounts."*  by. January 31st of the previous year unless extension is requested and approved for April 15h. Any extension request must be filed by. January 31st. and/or compliançe as required within Agreement.  *Note: This is not a company responsibility.  Joint Economic Development Agreement  Between County of Catawba and Steel Warehouse of North Carolina LLC  May, 2024 Page 12 of1 12    May 20, 2024, MB#56  The following resolution applies:  Resolution No. 2024-13  Resolution Authorizing Economic Development Incentives for Steel Warehouse of North Carolina LLC WHEREAS, Steel Warehouse of North Carolina LLC (herein referred to as "the Company") requested incentives to cause a minimum investment of $27,000,000 in the Company's Hickory facility by December 31, 2027, and the creation and maintenance of a minimum of 58 new jobs by December 31, 2027, with a requirement to not hire anyone without a minimum of a high school diploma for anyone 25 years of age or below, and the total average wage of the jobs will equal or exceed $59,566 for each year the County pays NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Catawba County, North The Board of Commissioners approves a performance based grant, based on the minimum investment of $27,000,000 and creation and maintenance of 58 new jobs by December 31, 2027, with a maximum annual payment of $63,063 (cumulative maximum incentive of $294,392). This grant will be used to reimburse the Company's expenditures as eligible under North Carolina General Statute 158-7.1. The Board of Commissioners also directs the County to execute a contract and any necessary resolutions or addenda between the Company and the County under these terms and conditions and authorizes  the Company an Economic Development Incentive Grant.  Carolina, as follows:  the Chair to execute these documents. This the 20th day of May 2024. 9. Consent Agenda.  County Manager Mary Furtado presented the following three items under the consent agenda. Chair Isenhower 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 accept and appropriate $ 9,877 in grant funds to the Catawba County Library from a Federal IMLS, Library Services Ini May 2021, the Board of Commissioners adopted the Catawba County Library Strategic Plan that lays out priorities for 2021 through 2025. The three major goals embedded in the strategic plan, which were driven by the results of a comprehensive community needs assessment and intensive input process, include: Connect: bringing people together with empowering high-quality resources. Explore: fostering the community's passions for discovery, knowledge, and personal growth. Grow: collaboratively addressing critical challenges facing the community by providing equitable access to the tools, resources, and spaces people need to succeed andi thrive. Early childhood literacy stands at the core of our library's mission, driving us to innovative ways to connect with preschool families. This grant opportunity, provided through the State Library of NC, was offered to support the creation spaces outside the public library where families can actively engage with educational materials, enhancing their exposure to enriching learning environments, sparking curiosity and fostering The library partnered with Catawba County Social Services to identify and transform 3 lobby locations where children regularly accompany their parents as they wait for services (Day Care Assistance, Food and Nutrition, and Family Net) into vibrant early learning spaces. With this funding the library will purchase early  individual consideration. None was requested.  Technology Act (LSTA) Grant.  engagement.  literacy resources and STEAM interactives, tailored activities, and a range of books.  Revenue  870    May 20, 2024, MB#56  110-810050-631916 LSTA Grant Scholarship Expenditure 110-810050-841051 LSTA Grant Scholarship  $9,877 $9,877  b. The Policy and Public Works Subcommittee recommended the Board of Commissioners award the construction bid for the Blackburn Construction & Demolition (C&D) Landfill Closure Project to Triangle Grading and Paving, Inc. of Burlington NC, in the amount of $2,449,509.50; and authorize the County The 23.3 acre Blackburn C&D Landfill is part of the Blackburn Resource Recovery Facility and is located on Rocky Ford Road in Newton. The C&D Landfill is owned and managed by Catawba County, was opened in 2002, and was closed in May 2023. The State of North Carolina requires C&D Landfill closures to meet strict Solid Waste rules. Closure plans must to be submitted to and approved by NCDEQ before construction can begin. Closure plan approval was obtained from NCDEQ in January 2024. NCDEQ also requires Construction Quality Assurance tests be performed to ensure the approved closure plan is followed. On April 17, 2024 the County opened bids for this project. A total of four (4) bids were received as follows:  Manager to execute all documents associated with the project.  1. Triangle Grading and Paving, Inc. 2. Zoladz Construction 3. Shamrock Construction and Remediation 4. Morgan Corp  $2,449,509.50 $2,817,865.80 $3,069,469.80 $3,244,689.00  The work to be performed generally consists of capping the closed landfill with a minimum 36-inch thick layer of soils. The work will begin with stripping 116,634 square yards of top soil, placement of approximately 113,000 square yards of an 18-inch thick clay layer that is compacted to limit infiltration, placement of approximately 113,000 square yards of an 18-inch thick soil protective cover layer, removing existing storm water piping, installation of a passive methane gas vent system, and erosion control measures. Garrett & Moore, project engineers, have evaluated the bids and have found Triangle Grading and Paving, Inc. to be the lowest responsive bidder. (See attached certified bid tabulation and bid award Closure funds are set aside annually to maintain a Closure Reserve Fund. There is $2.65M available in the The Solid' Waste Enterprise Fund is funded by user fees; no ad valorem tax dollars support it. The County is responsible for maintaining and complying with State regulations pertinent to the Blackburn Resource Recovery C&D Landfill. Once C&D landfills have reached capacity the County is required to install a 36-inch soil cover cap: system that prevents water infiltration into the waste. As part of obtaining Operating Permits for Landfills, closure plans must be submitted. This project has been planned for many years as the proper functioning elements of the landfill are closely monitored and tightly projected. As such, the Board's alternatives are limited. The Board could decide to reject the current bids and rebid the project. However, with a difference of $368,356 between the low bidder and the remaining bidders and the fact that construction needs to begin as soon as possible in order to comply with the closure plan presented to the NCDEQ Division of Waste Management, and take advantage of good construction months, staff does not C. The Tax Administrator recommended the Board of Commissioners approve 16 releases totaling $2,482.36, 9 refunds totaling $4,704.45 and 48 Motor Vehicles Bill adjustments / refunds totaling $4,374.53  recommendation from Garrett & Moore.)  Landfill Closure Project tot fully fund this request.  recommend this alternative.  requested during the month of April.  871    May 20, 2024, MB#56  North Carolina General Statute 105-381(b) states upon receipt of a taxpayer's written request for release or refund, the taxing unit's governing body has 90 days to determine whether the taxpayer's request is valid and to either approve the release or refund of the incorrect portion or to notify the taxpayer in writing that no During the month of April, Tax Office staff has checked records and verified the legitimacy of 16 release requests totaling $2,482.36, 9 refunds totaling $4,704.45 and 48 Motor Vehicle Bill adjustments / refunds Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing / being sold, clerical errors, duplicate billing, and the removal of personal property. The refunds were due to Board of Equalization Review approval of late applications for 2023 elderly exemptions. 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.  release or refund will be made.  $4,374.53.  transfers of ownership, change in values and change in situs.  10. Other Items of Business. None. 11. Manager's Report. None. 12. Attorney's Report.  County Attorney Jodi Stewart requested the Board consider moving into Closed Session in accordance with North Carolina General Statute 143-318.11(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged; (4) to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations; and (5) to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating () the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease. Attorney Stewart did not anticipate any action upon return to open session. Vice-Chair Allran made a motion to move into closed session for the 13. Adjournment. No further action was taken. Upon a motion by Commissioner Beatty which unanimously  stated reason. The motion carried unanimously. carried, the meeting was adjourned at 7:35 p.m.  Ctd  Randy Isenhower, Chair Catawba County Board of Commissioners DuslA  R. Dale Stiles County Clerk  872