May 6, 2024, MB#56  Regular Session, May 6, 2024, 7:00 p.m. Catawba County Board of Commissioners  Appointments  Newton Planning Board - Ron Harwell Emergency Services  855 05/06/24 855 05/06/24 855 05/06/24 871 05/06/24 862 05/06/24 878 05/06/24 855 05/06/24 855 05/06/24 855 05/06/24 855 05/06/24 855 05/06/24 861 05/06/24 855 05/06/24 870 05/06/24  Catawba County Economic Development Corporation - Dennis Johnson Proclamation Declaring May 19-25, 2024, as Emergency Services Week  Pyrotechnics Permit-City of Claremont CVCC East Campus Purchase-Contract  Finance Legal Opioid Litigation Presentations Civic Leadership Graduation  Proclamation Declaring May 12-18, 2024, as Police' Week and May 15, 2024, as Proclamation Declaring May 19-25, 2024, as Emergency Services Week Proclamation Declaring May 5-11, 2024, as Clerk to the Boards of County Community Child Protection and Fatality Prevention Team Annual Report Governor's Crime Commission 2023 BJA Edward Byrne Justice Grant (JAG) Proclamation Declaring May 12-18, 2024, as Police Week and May 15, 2024, as Brookstone Subdivision Road Improvement Project-Award of Construction Bid  Peace Officers Memorial Day Commissioners Week  Social Services Sheriff's Office  Peace Officers Memorial Day And Appropriation  Utilities and Engineering  The Catawba County Board of Commissioners met in Regular Session on Monday, May 6, 2024, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Government Drive, 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.  Newton, North Carolina.  Barbara G. Beatty, and Cole Setzer.  Dale Stiles, and Deputy Clerk Kim Hefner.  2. Commissioner Robert C. Abernethy Jr., led the Pledge of Allegiance. 3. Commissioner Barbara G. Beatty offered the invocation.  4. Commissioner Abernethy made a motion to approve the Minutes from the Board's Regular Meeting and Closed Session of April 15th, 2024, and Special Meeting of April 29, 2024. The motion carried unanimously.  854    May 6, 2024, MB#56  5. Recognition of Special Guests: Chair Isenhower welcomed everyone present. 6. Public Comments. No one came forward to speak. 7. Appointments. March 18, 2027.  Upon a recommendation by Chair Isenhower that came in the form of a motion which unanimously carried, the Board appointed Ron Harwell to a first term to the Newton Planning Board, with a term expiration of Upon a recommendation by Chair Isenhower that came in the form of a motion which unanimously carried, the Board reappointed Dennis Johnson to a first full term to the Catawba County Economic Development a. Chair Isenhower, along with the Board, presented certificates to the first graduating class for Catawba b. Commissioner Cole Setzer presented a Proclamation declaring May 12-18, 2024 as Police Week and C. Commissioner Robert Abernethy presented a Proclamation declaring May 19-25, 2024 as Emergency Services Week to Emergency Services Shift Supervisors William Butler and Joe Dennis, EMS Chief Trainers d. Vice-Chair Austin Allran presented a Proclamation declaring May 5-11, 2024 as Clerk to the Boards of  Corporation Board, with a term expiration of. June 30, 2027.  8. Presentations.  County Civic Leadership Academy.  May 15, 2024 as Peace Officers Memorial Dayt to Sheriff Don Brown. Lindsey Duffy and Alan Barkley, and EMS Manager Sylvia Fisher.  County Commissioners Week to County Clerk Dale Stiles and Deputy Clerk Kim Hefner.  9. Department Reports. Social Services. Carolina.  Social Services Director Karen Harrington, Child Protection Services Program Manager Jessica Ford and Public Health Nursing Supervisor Marianne Vogel recommended the Board of Commissioners approve the Community Child Protection & Fatality Prevention Team Annual Report, as required by the State of North The Catawba County Child Protection Team was established in February 1992 as the result ofa gubernatorial executive order by Governor James Martin. Later, North Carolina mandated a Child Fatality Review Team and Catawba County elected to combine the two, with at firstj joint meeting in August 1995. The combined teams have met quarterly since its inception, except for specially called meetings. The Child Protection Team has the legal responsibility for reviewing cases of child fatalities when the family is known to the Department of Social Services andi identification of areas in Protective Services needing improvement inc order to maximize the safety of the community's children. The Child Fatality Team's purpose is to provide a multi-agency, mult-disciplinary approach to study cases of childhood death in Catawba County in order to The report addresses the work of the Community Child Protection/Child Fatality Prevention Team. Having led the County through a Strategic Planning Process, supporting a community in efforts to be' Healthy & Safe" are integral to thet foundation of a community. To this end, efforts continue to be made for the group to review additional individual child protection issues county-wide and to satisfy the State's agreement with the Federal Government to use Child Protection Teams as a review mechanism in the Child Protective Services arena. The commitment of team members, their advocacy and dedication to improving the lives of citizens of  attempt to reduce child fatalities.  Catawba County has been admirable and a most worthwhile effort.  855    May 6, 2024, MB#56  The Catawba County local team, which is mandated by law, includes the following members:  Representative State Mandated  Name/Title  Karen Harrington (Co-Chair) Director, Catawba County Social Services Jessica Ford CPS Program Manager, DSS Sheriff Don Brown Scott Reilly  Dept of Social Services Director Social Services Staff Member Law Enforcement Member (Appointed by County Commissioners) Attorney from District Attorney's Office (Appointed by County Commissioners)  Subcommittee Designee: Captain Aaron Turk  District Attorney - 36th District Adrienne Opdyke Center  Designee: Nancy R. Lee, Assistant District Attorney Executive Director, Children's Advocacy and Protection Catawba County Schools - Designee: Maria Ballard, Newton-Conover Schools - Designee: Paula Sigmon, School Psychologist for Student Services Hickory City Schools - Designee: Angela Simmons, Assistant Superintendent Student Support & Operations  Executive Director of Community Action Agency or Designee  Director of Student Services  Local School Superintendents or  Designees  Dept of Social Services Board (Appointed by Chair of DSS Board) Mental Health Professional  Sherry Butler DSS Board Chair Paul Holden  Member  Community Ops, Partners Behavioral Health Management District Administrator, GAL Program, 36th District Jennifer McCracken (Co-Chair) Health Director, Catawba County Public Health Trish H. Beckman, RN, CNM, MPH, NEA-BC  Guardian ad Litem Coordinator or VACANT  Designee Health Director Health Care Provider  856    May 6, 2024, MB#56  (Appointed by the Board of Health) Director of Maternity Services - CVMC  EMS Provider or Firefighter (Appointed by the County Commissioners) District Court. Judge County Medical Examiner (Appointed by Chief Medical Examiner) Representative of Local Child Care Facility or Head Start Program (Appointed by Director of DSS) Parent of Child who died prior to 18th Birthday (Appointed by County Commissioners) Other Members Law Enforcement - Hickory Police Dept (Appointed by County Commissioners) Dept of Social Services CPS (Appointed by County Commissioners) Public Health (Appointed by County Commissioners) Other Member (Appointed by County Commissioners) Other Member (Appointed by County Commissioners) Staff Support Member(s)  Sylvia Fisher  Emergency Medical Services Manager Awaiting New Appointee  (Appointed by Chief District Judge) District Court Judge - 36th District  Designee: VACANT Janie Connor  Executive Director, Community Ridge Daycare  VACANT  Captain Jeff Young  Criminal Investigations Division Commander Hickory PD  Jessica Hatley  CPS Social Work Supervisor, DSS  Marianne Vogel, BSN, RN, NCSN (Subcommittee Chair)  School Health Nursing Supervisor  Jessi Kirby System Mark Bumgarner Executive Director, United Way Debra A. Young & Karina Zamora (Backup)  Coordinator, Safe Kids Coalition, Catawba' Valley Health  County CFPT Review Coordinator Catawba County Public Health  In 2023, the Community Child Protection and Child Fatality Prevention Team focused on the  following areas:  857    May 6, 2024, MB#56  Intentional focus on safe sleepi in community education (ex. Civic Leadership Academy & CPS involved  families)  34 infant Pack and Play sleep yards distributed to CPS involved families  Education regarding importance ofe early prenatal care Community Providers meeting focused on fentanyl overdose(s) Community Providers focus related to impact of trauma and resilience  Ex.F Public Health "brain health" worgroup/Communty Health Assessment focused on resilience Center for Trauma Resilient Communities (CTRC) hosted in Catawba County - DSS Director Continuing community education through the CAPC on Darkness to Light and Monique Burr Safety  panelist & CTRC Engagement Training with community stakeholders  Program  Darkness to Light- 427 community presentations Monique Burr Safety Program - 3236 presentations  Hickory Elementary and Newton Conover Middle Schools  Catawba County Child Fatality Prevention Team (CFPT)  In2022, Catawba County reported 19 deaths involving children under the age of 18. 58% of those deaths Please refer to the Child Fatality Infographic for breakdown of data by causelage of death In2 2023, Child Protective Services (CPS) received 2680 reports involving 5496 children Compared to 2022 data - CPS received 2570 reports involving 5070 children (4% increase) Accepted 1943 reports fori nvesigatonassesment (11% increase compared to prior year) Accepted 524 reports alleging neglect due to substance use by a parent or caretaker  involved children under the age of1.  Social Services Data Related to Child Abuse/Neglect:  Accepted114 Reports involving substance affected infants Children experiencing foster care as of 12/31/23 = 187 Please refer to the Child Welfare Infographic for summary data 2022 to 2023 side by side comparison (trend assessment):  858    May 6, 2024, MB#56  Item  2022 2,570/5,070 1,748/3,533  2023 2,680/5,496 1,943/4,086  Comments/Trend 4% increase in CPS intake reports 11% increase in reports accepted  #ofC CPS reports receivedl#of children involved # of accepted CPS reports/ #of children involved  Substance use (524) Substance use (524)  Top 3 maltreatment types for Injurious environment Injurious  screened in reports (ranked) (476) #of accepted reports for substance affected infants #of accepted reports alleging substance use by parent/caretaker # of children experiencing foster care on 12/31 # of children enteringlexiting foster care during year  environment (460) Nor ranking changes  Improper Care (290) Improper Care (352)  116 524 182 58/112 Methamphetamine Marijuana (19) Amphetamines (17)  114 524 187 101/95 Marijuana (45) Methamphetamine (42) Prescripltions/opiates (30)  2% decrease No change 3% increase 74% increase in entries 15% decrease in exits Increase in fentanyl use  Of children entering care, top: 3 (31) substances used by parents/caretakers (ranked)  CCPT/CFPT Priorities for 2024:  Continued focus and education regarding infant safe sleep and early prenatal care  Focus on unsafe sleep infant deaths and impact related to caretaker substance use Convene work group to address the needs of pregnantparenting individuals with SUDs and the Strengthen guidance and education for understanding mandatory reporting laws for abused, neglected,  children in their care toi include healthcare providers  or dependent children  Gun violence/safe storage education campaign - Public Health gun lock distribution Legislative advocacy toi increase the recommended age of youth being left home alone  After the presentation, Mrs. Ford confirmed the substance abuse percentage for children testing positive at birth includes Catawba residents only. Chair Isenhower asked about reunification statistics and the Department will provide that information to the Board as soon as possible. Commissioner Setzer made a motion to approve the Community Child Protection & Fatality Prevention Team Annual Report. The motion  carried unanimously.  859    May 6, 2024, MB#56  A copy oft the Child Welfare and Child Fatality Infographics are hereto attached:  catawba county publicl health"  catawba county socials services  Child Welfare & Fatality Prevention = 2023 Annual Report  COMMUNITY CHILD PROTECTION TEAM The Communily Child Proleclion1 Team (CCPT) promotes a community-wide approach tot the problem ofc child abuse andr neglect. Thet team identifies andr responds to gapsi int the counly's prevention andp protection response, maximizingt the use ofl limited resources. Thet team reviews certain casesi iny whicho abuse, neglect, or dependencyi is foundo and reviews fatalities, including! thoset that are suspectedt tol have resultedf from child abuse, neglecto or dependency andf fatalities wheret the child ort thec child's family! hadr receivedo childy welfare services within 12r months ofti the child's death. CHILD FATALITY PREVENTION TEAM The Child Fatolily Prevention Team (CFPT)isa mulidisciplinarys groupt that seekst toi identify andr reduce preventable child fatalities through Catawba Counly occurring inc childrenf from! birth through age 17.1 Thet team advocatesf fors system  NUMBER OF CHILD DEATHS REPORTED IN 2022: 19 Number ofChild Deaths Reviewed by Age Group  CAUSES OFDEATHS (2022) Perinatal condition- 7 Birth defects- 5 Accidents- 1 Ilinesses- 3 Homicide- 0 Suicide-0 > Other/unknown -3  25 20 20 15 11  Underogal Ages1-4  Ages5.9 Ages10-14 Ages15-17  m2019 m2020 m2021 "2022  > Catawba County accepted 1,943 CPS reports involving Accepled 524 reports alleging neglect duet tos substance  4,086 children. use by a parent or caretaker. previous year.  58% of all deaths reviewed for 2022 involved ageof1.  systematic, mulidisciplinary reviews allf fatalitiesi in Accepted 114 reports involving substance affectedi infants. recommendations forl legislative and publicp policy County children inf foster care, ani increase of2.7% from the  improvements andr neededr resources where gaps Att the end oft the calendar there were 187 Catawba children under  and deficiencies makes data- may exist, andr driven CFPT also initiatives. The promoles communily- basedp prevention education.  the  year,  COMMUNITY PARTNERS CHOOIS  CATAWBA VALLEY SAFE K:DS HICKORY  ATAWB cer NEDICAL EXXWINEN  PARTNERS  Children's  HEALTHS SYSTEM  860    May 6, 2024, MB#56  ANNUAL REPORT 2023  Catawba County Child Fatality Prevention Team (CFPT)  TEAM'S FUNCTION  NUMBER OF 2022 CASES REPORTED: 19 Number of Child Deaths Reviewed by Age Group  North Carolina Statute, Article 14,7 7B-1406: Rolei istor review fatalitiesf ford children under thec age of 18i int thec counly, identify systemp problems apdr make recommendalions' fori improvement. The North Carolina Child Fatality Prevention1 Team seeks toi identify andr reduce preventable childf fatalities through: Systematic, mulidisciplinary, and multi-c agencyr reviews of childfatolities Data-driven recommendationsl forl legislative andy publicy policy initiatives Assisling! local leams Interdisciplinary! training Promotion ofc communily- basedp prevention education Morei information ont thel North Carolina Child Fatality Prevention1 Teami isa available at: hitp://www.ocme. dhagw/dp/aaa Community parinersi includer representatives from many disciplines: Public health, socials services, lawe enforcement, schools systems, EMS, mentalh health, Medical Examiner, hospital/ malernily services, children's advocacys groups COMMUNITY PARTNERS  25 20 15 11 10 88  20  Underagel Ages 1-4 CAUSES OF DEATH Perinatalo condition-7 Homicide-o Birthe defecis-5 Accidenis- -1 Iinesses -3  Ages 10-14  Ages5-9 "2019 m2020 2021 2022  Ages 15-17  58% of all deaths reported for 2022 involved children under the age of1.  Children'e GAL catawba county CKORY CATAWBA DOLS catwrcgunty COGNTY  Suicide-0 Other/unknown- -3  CATAWBAI VALLEY HEALTH SYSTEM PARTNERS  2023 ACTIVITIES  >Focus ons safes sleep and ulilized funds from Ann' Wolfer mini grant tos support continued Conlinued lol look ali infant and leen deaths relatedi toi illegal substances  SAFE safe sleepy work KIDS  C Continued to encourage early prenatal care  10. Consent Agenda.  County Manager Mary Furtado presented the following four items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the consent agenda for individual consideration. Commissioner Abernethy requested the Brookstone Subdivision Road Improvement Project-Award of Construction Bid and Appropriation be pulled from consent and recused himself from voting due meeting the criteria for conflict of interest. The Board moved forward with the consent agenda covering items a, b and d (Governor's Crime Commission 2023 BJA Edward Byrne Justice Grant (JAG); CVCC East Campus Purchase; and Pyrotechnics Permit - City of Claremont). a. The Finance and Personnel Subcommittee recommended the Board of Commissioners appropriate $23,600 for the Governor's Crime Commission 2023 BJA Edward Byrne Justice Assistance Grant. This formula-based grant program reimburses agencies for the costs associated with equipment needed by local law enforcement agencies. This award is part of the "Local Law Enforcement Block Grant," which  awards purchases up to $24,500.  The Sheriff's Office is awarded $23,600 to purchase the following equipment:  KBT Breaching Tool  861    May 6, 2024, MB#56  The Kinetic Breaching Tool, or KBT, is designed to defeat locked/ barricaded doors or points of entry by applying kinetic energy to the locking mechanism. This tool replaces the standard "ram," which is manually LRAD is utilized in situations where urgent messages need to be broadcast and where officer safety is a primary concern. With the LRAD, an officer can be offset from the speaker as much as 50 feet when delivering a message for the armed subject to surrender. Another vital component of the LRAD system, inherent in its name, is its long-range effectiveness. This system can be heard at a far greater distance than b. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve an Offer to Purchase and Contract to purchase real property from Catawba Valley Community College ("CVCC") and The N.C. Cooperative Extension functions are currently housed within the old hospital, and is comprised of Cooperative Extension Service, N.C. Forestry Service, the Soil & Water Conservation District, and associated meeting room, lab, and office space, and other associated classrooms. In 2019, the County initiated a review of the existing structure and services, and it was determined the most cost-effective way to meet the needs of these agencies and their customers was through a different facility, rather than renovating Catawba County Schools (CCS) also has a need to explore options for the Catawba Rosenwald Education Center due to facility condition, which makes the cost of repairs not feasible. CCS and the County have been in discussions regarding options to address this facility need, and it has been determined that relocation of the school is more cost effective and will provide a better learning environment for students. With these two needs in mind, the County entered into discussions with CVCC regarding their future plans for the "East Campus" facility, which was constructed in 1975, is approximately 100,000 sq. ft., and sits on 18.15 acres, located at 2760 US Hwy 70, Hickory, NC, PIN# 372110268379. CVCC had plans to vacate this facility in the near future and, upon further evaluation, it became clear that this facility would be sufficient to meet the facility needs of both Catawba County and Catawba County Schools. The facility has been well maintained and, although renovations will be necessary to create essential functionality, the estimated costs Recent improvements to the facility include a new rubber membrane roof installation in 2011, HVAC replacements in 2021 and approximately 100,000 sq. ft. of parking lot improvements in 2022. Additionally, Through negotiations, based upon an independent appraisal of the facility, the County and CVCC have agreed upon a total consideration package of $8,200,000 for the facility. This is comprised of a purchase price of $6,500,000 and additional consideration of $1,700,000. The purpose of breaking out the purchase in this manner will allow CVCC additional flexibility to utilize the 'additional consideration" towards operational expenses, while the "purchase price" must be dedicated to capital expenditures, per state statutes. These funds are to be paid in two (2) installments, the first of which is due at closing, in the amount of $4,100,000 and the second installment, in the amount of $4,100,000, being due no later than September 30, 2024. Upon execution of the Offer to Purchase and Contract, the County will have a 60-day due diligence period to complete a property survey and conduct a title search. Necessary environmental surveys and other due Assuming the necessary funding is appropriated and the Offer to Purchase and Contract is approved, the County will immediately begin negotiations with an architectural design firm to provide construction design documents for the necessary renovations. Upon successful negotiation, this item will come before the Board of Commissioners for potential approval and appropriation of required funding. A preliminary project timeline  operated.  Long Range Acoustic Device LRAD  conventional PA: systems.  appropriate the funding necessary to complete the transaction.  the existing facility.  oft these renovations are well below the cost ofr new construction. the appraisal report noted no signs of deferred maintenance.  diligence work has been completed previously.  is below.  862    May 6, 2024, MB#56  Projected Timeline: Architectural Design - 6 months Bidding Process - 2 months Construction - 12 months  Concurrently with design and construction services, the County will be drafting a lease agreement with CCS  fort their use of the facility. This will also come before the Board for consideration.  Appropriation: Revenue: 110-190050-690100 410.460100-695110 Expense: 110-190900-995410 410400100980.1301  Fund Balance Appropriated Transfer from General Fund Agricultural Resource Center  $8,200,000 $8,200,000 $8,200,000  Transfer to General Capital Projects $8,200,000  A copy oft the Offer to Purchase and Contract is hereto attached:  863    May 6, 2024, MB#56  STATE OF NORTH CAROLINA CATAWBA COUNTY  OFFER TO PURCHASE AND CONTRACT  CATAWBA COUNTY ("Buyer") hereby offers to purchase and THE TRUSTEES OF CATAWBA VALLEY COMMUNITY COLLEGE ("Seller"), upon acceptance of said offer, agrees to sell and convey upon the following terms and conditions, all of that parcel of land together with alli improvements located thereon, hereinafter referred to as' "thel Property," and being The approximately 18.15 acres, located at 27601 US Hwy 70, Hickory, NC, PIN# 372110268379, also referred to as CVCC's "East Campus", ("Property"), acquired by the Seller by deed, recorded in Deed Book 1852, Page 291 of the  more particularly described as follows:  Catawba County Registry. 1. CONSIDERATION:  (a) Purchase Price: The purchase price is $6,500,000 ("the Offer"), and shall be paid by the Buyer to the Seller as follows: $3,250,000 will be paid at Closing and $3,250,000 (b). Additional Consideration: In addition to the purchase price, the Buyer agrees to provide an additional one-time appropriation for operating expenses in the amount of $1,700,000 to the Seller, which shall be paid as follows: $850,000 will be paid at Closing and $850,000 willl be paid no later than September 30, 2024. (c) The Buyer is not required toj provide a deposit or escrow payment.  willl bej paid nol later than September 30, 2024.  2. "ASIS" CONDITION:  Subject to the terms and conditions herein, the Seller does not guarantee or warrant the condition of the Property and the Buyer hereby agrees to waive all express and implied warranties regarding the Property. Further, the Seller makes no representations about the use, or condition, of the Property, or the improvements made upon the Property. This Property willl bes sold' "as is,"meaningt the conditioni itisatthet timet this Contracti is executed, and the Seller does not agree to make any improvements on the Property at the request of  thel Buyer. 3. ACCEPTANCE:  The" "Date ofContract"; shall bet the datet the Buyer takes official action1 to approve the Offer  tol Purchase and Contract.  4. CLOSING: (CS:00113035DOCX)  864    May 6, 2024, MB#56  The Closing of the sale and purchase oft the Property shall be held at a place agreed to by the parties on or before thirty (30) calendar days after the end ofthe Due Diligence Period. Title willl be delivered: at Closing bya a special warranty deeds subject to easements andr rights of way of record or in use. The title to the Property shall be insurable by a nationally recognized title insurance company insuring that the Buyer has a good, indefeasible, fee simple, marketablei titlet tot the Property and its appurtenances andi improvements subject to exceptions accéptable to Buyer. If, in the opinion of Buyer's counsel there are title exceptions which are not acceptable to Buyer, then any such unacceptable title exceptions shall be specified in writing and with particularity to the Seller no later than ten (10) days prior to the date of Closing and the Seller shall have until the Closing, or at the Buyer's option, a reasonable time thereafter, to cure or satisfys such unacceptable title exceptions at Seller's sole cost and expense. Ifthe Seller fails to cure such unacceptable title exceptions within the permitted time, the Buyer shall have the option of taking the title "as is" and consummating the Closing or, in the alternative, ofterminating the Contract andi receiving ani immediate refund oft the earnest money. Seller agrees to execute an affidavit that there are no liens or unpaid bills of contractors, subcontractors, labors or materialmen with regard to the Property, an affidavit ofnon-foreign status, and a closing statement. The County acknowledges that the property was financed in part by tax-exempt bonds issued byt the State ofl North Carolina, and that the Seller received the financing with the understanding that it would use and operate the Property in a way consistent with the requirements for property financed with tax-exempt bonds. To this end, the Buyer represents that iti intends to use the Property in carrying out the governmental purposes of the County and covenants and agrees not to use the Property in a way that would create "private business use" of the property within the meaning of Section 141 of the Internal Revenue Code, as amended and the regulations thereunder. This restriction on use will terminate the earlier ofthirty (30): years from the datet thet tax-exempt bonds for thel Property were issued (2020) or when such private business use has been specifically approved by  5. ITILETOPROPERIY:  the Department of State Treasurer. . CLOSING COSTS:  The Seller shall pay for the preparation of the deed toi thel Property and its attorney's fees. The Buyer shall pay for the recording costs, its attorney's fees, and any other costs associated with any financing, title insurance premium, surveying or testing of the Property. Each party certifies that there were: no real estate brokers or agents involved in thist transaction. Sellers shall pay any applicable state or localt transfer tax payable by sellers ofreal property. Except ast may otherwise bej provided herein, each! partys shalll beari its oWn  costs and expenses.  7. POSSESSIONOE) PROPERTY:  (CS:00113035.DOCX)  2  865    May 6, 2024, MB#56  Possession oft the Property shall be delivered to the Buyer at Closing. 8. INSPECTION PRIVILEGES! DURING THE DUE DILIGENCE PERIOD:  (a) Forap period ofsixty (60) days from the Date of Contract ("Due Diligence Period"), the Buyer, its authorized agents, representatives or employees shall have the right to go upon the Property to make such inspections, surveys, subsurface investigations, studies and tests as the Buyer deems necessary or advisable, provided, however, that any such party shall not unreasonably interfere with the normal operations of the Seller or the Property or cause any permanent damage to (b) The Buyer shall have the right to have an environmental assessment made oft the Property and the improvements located on the Property at Buyer's expense and the Buyer and its authorized agents, contractors, representatives or employees shall have the right to go upon the Property to perform such assessments and tests, provided, however, that no permanent damage to or waste of the Property shall result from said assessments and tests. If an environmental assessment of the Property discloses the presence of material quantities of toxic or hazardous substances, wastes, contaminants, air pollutants or water pollutants upon the Property and its improvements requiring (in the opinion ofi independent qualified nationally or regionally recognized environmental engineers): remedial action, the Buyer shall notify the Seller in writing with particularity of the same prior to the end of thel Due Diligence Period, and the Seller shall have until Closing or at the Buyer's optionai reasonable timet thereafter, tot take remedial action or refuse tot take remedial action. If the Seller refuses to take such remedial action or is unable to remedy the condition, the Buyer shall have the option oftakingt titlet tot the Property ini its "as is" condition and consummating the Closing or, in the alternative, of terminating the Contract and receiving immediate refund of the Earnest Money Deposit. The Buyer shall provide the Seller with a copy oft the report or reports of all environmental assessments andi tests and, ifthel Buyer consummates the Closing, the Seller shall have no further obligation or liability to the Buyer, its successors and assigns, with regard to the presence of and the remediation of toxic or hazardous wastes, substances, contaminants, air pollutants, or water pollutants. (c) During the due diligence period, representatives from both parties will jointly inventoryt the furniture and fixtures located oni the Property. The Seller will provide the Buyer with a list of personal property items that will be removed from the Property either prior to closing or no later than June 30, 2024. The Seller will not remove any fixtures if rémoval will damage any portion of the Property. Any furiture or fixtures not removed byt the Sellerby. June: 30, 2024, will conveytot the  the! Property.  Buyer.  9. MAINTENANCE OF PROPERTY:  (CS:00113035.DOCX)  3  866    May 6, 2024, MB#56  Between the date of the Offer and the delivery of possession, the Seller shall continue to maintain thel Property int thes same condition and repairt that presently exists, ordinary wear and tear excepted, and shall not cause or permit any waste upon thel Property.  10. RISKOFLOSS:  Risk ofl loss prior to the Closing shall be on the Seller. Ifthe improvements located on the Property are materially damaged or destroyed by fire, explosion, windstorm, water inundation, flood, or other casualty prior to the Closing, the Buyer shall! have the option of takingt title to the Property ini its' "asi is" condition and consummating the Closing, or, ini the alternative, oft terminating the Contract and receiving the immediate refund of the earnest money. Ifafter the occurrence of any such casualty this Contract is not sO1 terminated by the Buyer, the Buyer shall have no claim to any sums under any policies of insurance because of damage due to casualty whether collected or uncollected.  11. ASSIGNMENT:  The Contract may be assigned by the Buyer, but ifa assigned, the Contract shall be binding ont the assignee, andi its or his respective heirs, successors and assigns.  12. TIME: 13. Reserved 14. MISCELLANEOUS:  Time shall be of the essence oft this Contract.  a. Survival of Provisions: All the terms, conditions, representations and agreements contained herein shall be deemed1 tol have been satisfied upon consummation ofthe Closing and shall not survive the Closing, witht the exception ofthe release set: forth in paragraph 8(b)hereof, the provision requiring Buyer's! payment after closing set forthi inj paragraph 1; and thej provisioni regarding removal offumiture/fixtures: from b. Notices: Any notice required or permitted to be given under this Contract shall be in writing and shall be deemed to have been given when deposited in the United States Mail, registered or certified mail, postage prepaid, return-receipt: requested, or upon acknowledgement of receipt of electronic mail, and addressed as follows:  the Property as set forth in paragraph 8(c).  SELLER: Catawba Valley Community College  Wes Bunch, Vice President 2550US Hwy 70 Hickory, NC28602 1 Mary Furtado, Manager  BUYER: Catawba County  (CS:00113035.DOCX)  4  867    May 6, 2024, MB#56  P.O. Box 389 Newton, NC 28658  C. Applicable) Law: This Contract shall be governed and construedi in accordance with d. Entire Agreement: This instrument and the exhibits hereto contain the entire understanding and agreement by and between the parties and all prior or contemporaneous. oral or written agreements or instruments are merged herein and no amendment to this Contract shall be effective unless the same is in writing and e. Binding Effect: This Contract shall be binding upon and shall inure to the benefit ofthe parties hereto and their respective successors and assigns. f. Captions and Headings: The captions and headings throughout this Contract are for convenience andi reference only and the words contained thereins shall ini no way be held to define or add to the interpretation, construction or meaning of any  the laws ofthe State ofNorth Carolina.  signed by the parties hereto.  provision ofthis Contract.  g. Recording: This Contract shall not be recorded in any public registry.  (Signatures on the Following Page)  Date ofOffer: BUYER: (CS:00113035.DOCX)  Date of Acceptance: SELLER:  5  868    May 6, 2024, MB#56  CATAWBA COUNTY  THE TRUSTEES OF CATAWBA VALLEY COMMUNITYCOLLECE  By:  By: By:  C.Randall Isenhower Chair, County Commissioners  Board Chair President  Attest:  Dale R. Stiles, Clerk tot the Board Catawba County Board of Commissioners  THIS INSTRUMENT has been preaudited: in the manner required byt thel Local Government  Budget and Fiscal Control Act as amended.  Date:  Mary Morrison, Finance Director  APPROVED ASTOI FORM  Date:  Jodi Stewart, County Attorney  (CS:00113035DOCX)  869    May 6, 2024, MB#56  d. Staff recommended the Board of Commissioners approve a Pyrotechnics Permit to PyroStar The City of Claremont has contracted with PyroStar Entertainment LLC., which has submitted al Pyrotechnic Permit application. The requested permit is for at fireworks display to be conducted on May 25th, 2024 on city- owned property located at 3430 E. Main St. PyroStar Entertainment LLC has submitted a safety plan for this event outlining the procedures for security at the launch site. The display time is listed as 9:30 pm and PyroStar Entertainment LLC. has a valid Outdoor Pyrotechnics Display Operators Permit through the North Carolina Department of Insurance and the Office of State Fire Marshal. Based on the application, all statutory requirements have been or will be met. If at any time, any requirement of the permit is not satisfied,  Entertainment LLC.  should last no longer than 30 minutes.  the Fire Marshal's Office for Catawba County shall revoke the permit. A copy oft the application and applicable documentation is hereto attached:  870    May 6, 2024, MB#56  (828)4 465-8 83990 Office! Number (828)4 465-6 8962N Newton FaxN Number Pleaseprintorlype) Typec ofPermit G-Firel Use OFire Construction Active! BuildingF Permith Number_  Catawba County Application for Fire Permit TOTHISNUMBERL wwcalawbaroumypmogoy P.OBox3 389N Newton, NC2 28658  FAXDI WITHISSUEDPERMITH EMAIL  Date  Properlyl ID#(fknown)_  Use ofs struclure: Singlelamily OMulifanmily OCommercial OindustialFaclony OChurcho Owned 'GovIOwned DAccessory  Physical 911 Address ofP Project 3431 EN Main Street Claremont, NC 28610  Properly Owner City OF Claremont Address_ POE Box 446 (3288E E. Main SL) Business Occupant Address_ Subcontractor. Address_  Telephone 828.466.7255 Telephone. License#_ Telephone_ License# Telephone_ 7049571835  General Contractor Pyrostar Entertainment LLC Describe workt tob be done undert this Permit:_ Fireworks Display  FIRE (Check permit typea applicable)  OFire Exlinguishing System' ($75.00) Compressed Gases' ($50,00) Sprayinga &Dipping Construction" ($50.00) OFire Alarm/Detection: Syslem' ($50.00) Hazardous Malerials* ($50.00) Slandpipe Syslems"($50.00) FireF Pumps & Related Equipment" ($50.00) OIndustrial Ovens* ($50.00) Temp. Membrane Structures" ($50.00) DF Flammable & Combustible Liquids- Operation* ($50.00) OFlammable & Combustible Liquids- Construction* ($50.00) DT Tank-F Remove/nstallPlace: out-of-service" ($100.00/Tank) OPVT Firel Hydrants' ($50.00) OT TemporaryN Membrane Struclures (Exceding200sg) ($50.00) DOther. ("I Indicales thatas site/d construction plans submillalisre required)  DT Tents orA Air-Supporteds Structures ($50.00) a Change ofE Business/Owner ($75.00) Salely-Change ofl Use ($75.00) Safely- ALE( ($75.00) CoveredN Mall Buildings ($50.00) DExhibits andT Trade Shows ($50.00) OSpraying8 &Dipping- Operations ($50.00) Pyrotechnic Display' ($150.00) DExplosives! Manufacluring, Slorage, Handing, Sale or Use, andE Blasling Operations (Reler loF FCOp priort top permilting) Fumigationa andl Thermal Inseclicidel Fogging ($50.00) DA AmusementE Buildings ($50.00) Carnivals: andF Fairs ($50.00)  "Allfeese enleredbyP Permil Cenler, DOUBLE FEEC chargedf forv works started priort too oblainingp permit." "Thet undersignedn makesa appicationfor permilsa andir inspeclion ofworkd describeda anda agreest locomplywitha alla applicable Slate, Couityo codesa andlawsr regulalingt thev work.  PRINTI NAME Frank Terzino. Jr  SIGNATURE YA  871    May 6, 2024, MB#56  CATAWBA GOUNTY FIRE MARSIALS  Catawba County Fire Marshal's Office  Fire/Rescue Division 100C Government Dr. Newton, NC2 28658 Phone (828)465-8230  OFFIGE  Fireworks/ /Pyrotechnic) Display Application  Display Date: 5.25.24 Rain] Date: N/A Pyrotechnic Company:. Pyrostar Entertainment LLC Contact) Person and' Title:. Frank Terzino, Jr Mailing/ /Billing Address:. 1052 Smyre Farm Rd Email Address: leampygostar@gmallcom Type ofI Display:. Nightl Inl The Park  City:. Newton  State:. NC Zip Code:_ 28658 Telephone #: 704.957.1835  Address ofl Display Site:. Claremont City Park 3431 EN Main Street Claremont,NG Size of! Mortars: (Smallestt tol Largest). No Mortars. Only Cakes Totall Number of Mortar) Rounds: 501 Total Cakes Firingl Procedure:. Electronic Approximate Start andl End Time ofI Display:. 9 9:30pm-9:45pm Valid NCOSFMI Pyrotechnic Permit # (Provide a Copy). Event Sponsor/ Organization:. City Of Claremont Contact Person andl Phonel Number:. Heather Powell 828.466.7255 Signature and Date of Applicant:. My Firel Marshal Use Only: Catawba County Firel Marshal's Office Does Recommend. Approval oft they permit.' Thei fire district of the displayi is_ Cloremot  Name of Pyrotechnic Operator & Assistants:. Elisa Gardner. Assistants willl be event employees per NCOSFM  4/16/2024  Does Not  872    May 6, 2024, MB#56  Tirework/Pyrotechmic. Display  Firework/pyrolechnic. displays shall comply with all applicable provisions oft thel NC: Statel Fire Prevention Code, National Firel Protection Association 1123 and 1126 (when: applicable)- Code for Fircworks! Display, and: all other provisions deemed nccessary to ensurc as safc display. Atr not time shall  Fireworks and or Pyrotechnics bec discharged insides any structure.  Permit Requirements:  The fireworks company conducting the display shall submit a Special Operational Use Permit-F Firework Pyrotechnic Display Application and payment all least 900 days prior As site plan that must be scaled andi include allo critical dimensions. The site plans shall include ground display areas, storage areas, firingl locations, spectator areas, parking areas, fallout zone ass specifiedi inl NFPA 1123, and propertyl lines. Use Googlei maps or GIS tos show site arca. All paperwork mustl bel legible. Certificate ofl Insurance for a minimum of $1,000,000 and valid for the date(s)of event(s) and any rain date(s)1 listed. Complete list ofa all pyrotechnics tob bec displayed and: size. Letter ofr request for approvalt tot the Catawba County! Firel Marshal's Officc and Catawba County Board of Commissioners from the event sponsor/organization with address and date(s) of event(s) and any rain date(s)1 listed. Provideac copy of NCOSFMI permits forp pyrotechnic operators and pyrotechnic operator assistants witha ac date thati isv valid and covers the date ofe event(s) and any rain date(s) Obtain approval from the appropriate: authority for any road closures when applicable. Copy of ATFI License thati is valid and covers the date ofe event(s) and any rain date(s) Obtain written permissionf from any property owners of where any discharge or debris mayl land including any adjacent property owners within thef fallout zone. Contact thel local fire department and confirm fire apparatus standby, Provide monitors, whose dutys shall be the enforcement ofc crowd control and site security. The monitors shall bel located: around the displays sitet toy prevent spectators or any other unauthorized persons from enteringt the: site. The display site consists oft the immediate arca where: af fireworkpyrotechnic displayi is conducted, includingt the discharge site, thet falloutz zone, and the required separation distance from: mortars to spectator viewinga and parking: areas. Provisions for crowd control and site: securitys shall include ther number: and! location of monitors, method ofr monitor identification, and provisions for keepings spectators out oft the display site. Duringt the period beforet the display, where pyrotechnic materials are present, publice access tot thes sitei isn not permitted. Onlyt thep pyrotechnic operatorz and necessary pyrotechnic operator assistants shall bep permittedi int thec discharge area (areai immediately surrounding the fireworks mortars) whilet thec displayi isi inp progress. The discharge area shall bes sor restricted throughout thec display and until the discharge areal has beeni inspected by the  tot the display date,  listed. listed.  Responsibilities of Permit Holder:  pyrotechnic operator aftert the display.  873    May 6, 2024, MB#56  Shalll be responsible fore ensuring that a sufficient number of pyrotechnic operator assistants are available for the safe conduct oft the firework/pyrotechnic. displays. Pyrotechnic operator assistants shall include ready box tenders, shooters, and other persons who work undert the direction oft the pyrotechnic operator top put on and outdoor firework/pyrotechnic. display. Thep permit! holder isr responsiblei for ensuring that the pyrotechnic operator and allp pyrotechnic operator assistants are fullyt trainedi int their Pyrotechnic operator shall be aware oft the standard for minimally training all pyrotechnic operator assistants through the NCOSFM. The pyrotechnic operator shall conduct aj post display inspection and clean- -up all waste from firet mortars before leaving premises. Pyrotechnic operator isr required to be ons site at allt times. Catawba County Firel Marshal's office! has the: authority toc cancel and ors stop any fireworks display at any time ifl he/shef feels a danger tot the public and orp property exist. Atr no time willa a display take placei inside as structure.  assignedt tasks.  874    May 6, 2024, MB#56  catawba county emergency services  PERMIT TOF POSSESS ANDI DISPLAY REGULATEDI PYROTECHNICS  The applicant, Pyrostar Entertainment, LLC, having met or asserting he will meet, all the requirements of NCGS: 14-410, 14-413, 58-82A-3 and Chapter 56 oft the! NCI Fire Prevention Code, the Catawba County Board of Commissioners hereby authorizes! Pyrostar Entertainment, LLC, to possess and display pyrotechnics provided all statutory regulations and conditions asserted in Whena atmospheric conditions, local circumstances ora aband ond outdoor burningh has! been issued, the Catawba County Fire Marshal's Office has the authority to approve a new date for the pyrotechnics display. Thes scheduled date of dischargei is May 25th 2024. The Fire Marshal'sOfficel has the authorityt tor revoke this permit at anyt time ifa any requirements  thea application arer met ata allt times.  arer not! beingr met. Signedt this. day of Randyl Isenhower, Chair Catawba CountyE Boardo of Commissioners  2022.  catawbacountync.gov Colowbo Counly] Justice Center 100 Government Drive I POE Box 389 I Newton! NC 28658 18 828.465.8230 MAKING. LIVING. BETTER.  875    May 6, 2024, MB#56  142ft  Display Site Address: Claremont City Park  Fallout Area: 140' Radius Maximum Shell Size: 2"  Fallout Area Discharge Site  Spectator Area Parking Area  The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously. 11. Prior to this item being introduced, Commissioner Abernethy recused himself from voting due to meeting the The Policy and Public Works Subcommittee recommended the Board of Commissioners award the bid for the Brookstone Subdivision Road Improvements to Midstate Contractors Inc., of Hickory, in the amount of $337,575.12; transfer $350,000 from Subdivision Road Improvement Future Projects to fund the project; and authorize the County Manager to execute all necessary documents associated with the project.  criteria for conflict ofi interest.  876    May 6, 2024, MB#56  In 2020, the Board established a petition-driven program to facilitate acceptance of private roads into NCDOT's Secondary Road Maintenance Program, which is consistent with NCGS $153A-185 Authority to Make Special Assessments. Through this program, the County provides up-front financing to improve private roads to NCDOT standards, sO NCDOT can assume maintenance responsibility. The cost of improvements is assessed against the property owners and recouped over a 10-year period through the special assessment process. To participate in the program, at least 75 percent of the homeowners to be assessed must voluntarily sign a petition supporting the project, and the owners who sign the petition must account for at least 75 percent of the road frontage to be improved through the assessment. The Board of Commissioners must then authorize the project prior to any construction efforts. In 2022, the Board established the $2.5 Million Subdivision Road Improvement Fund, and authorized the dedication of special assessment repayment revenue to the Fund, thereby establishing a clear funding mechanism for subdivision Property owners of the Brookstone subdivision, fronting on Brookstone Drive, Tuscany Court, Windsor Court, Waterford Drive and a portion of Cottingham Drive, followed the above process to petition the County to finance repairs to their subdivision roads for the purpose of bringing the roads up to NCDOT standards. Brookstone subdivision is located off Zion Church Road and consists of approximately 91 homes or lots. The repairs consist of removal of objects within rights-of way; replacement of approved NCDOT drainage structures; regrading of road shoulder to allow water drainage, pavement milling, base reconditioning / The table below summarizes the statutory process for establishing private road assessments and, for the items that have already been completed, provides the dates on which the Board of Commissioners took each required action. The table also outlines the remaining steps the Board will still need to take in order to  road improvement projects.  reconstruction in some areas, and repaving with 1.5 inches of asphalt.  implement the assessment (noted in italics).  NCGSS 153A-205 153A-190 & 153A-191 153A-192 153A-192 143-131 143-131 153A-193 & tbd 194 153A-195  Date 9/8/2023  Action Items frontage. for Public Hearing. financing terms.  Citizens petition BOC with >75% of property owners & >75% of road BOC accepts Citizen Petition, makes funding decision and adopts BOC considers adopting Final Resolution approving Project, setting  1/16/2024 Preliminary Resolution describing the Project, financing and setting time 2/5/2024 BOC holds Public Hearing on Preliminary Assessment Resolution. 3/13/2024 Project is bidi in accordance with NC Procurement Procedures.  2/5/2024 5/6/2024 Bid awarded. (estimate) tbd  BOC determines Project Total Cost, sets date and time for Public Hearing BOC holds Public Hearing on the Preliminary Assessment Rolls annuals, confirms Preliminary Assessment Rolls. Ifconfirmed, Tax Administrator is authorized to collect assessment: fees in same manner as property taxes.  on the Preliminary Assessment Rolls.  On April 10, 2024, the County received at total of two (2) bids for Brookstone:  Midstate Contractors, Inc. $337,575.12 JT Russell & Sons Inc. $428,981.75  The lowest responsive bid is from Midstate Contractors, Inc. for $337,575.12 which is 21.5% lower than the The minimum assessment for each affected parcel in Brookstone, based on the bid only, is estimated to be $3,709.62. Statutorily, the project's total cost may include the actual construction cost, necessary legal costs, and the cost of publishing and mailing notices and resolutions, and will be finalized at the end of the  estimated cost.  project.  877    May 6, 2024, MB#56  Transfer:  413-6011348505-1990 Subdivision Road Improvement Future Projects 413-0011388505-7010 Brookstone Subdivision Road Improvements  $350,000 $350,000  Commissioner Setzer made a motion to award the bid for the Brookstone Subdivision Road Improvements to Midstate Contractors Inc., of Hickory, in the amount of $337,575.12; transfer $350,000 from Subdivision Road Improvement Future Projects to fund the project; and authorize the County Manager to execute all necessary documents associated with the project. With Commissioner Abernethy abstaining, the motion  carried unanimously 4-0. 12. Other Items of Business. None. 13. Manager's Report. None. 12. Attorney's Report subsidiaries.  County Attorney Jodi Stewart recommended the Board approve a motion to agree to amend the Board's opioid litigation complaint to add the Pharmacy Benefit Managers as defendants, including any related Attorneys in the Opioid litigation are working on a motion to include two Pharmacy Benefit Managers (PBM's) (namely Express Scripts and OptumRx) as defendants in the complaint. These companies manage prescription drug benefits for health plans for large entities. Board authorization is required to amend the complaint in this case. Commissioner Beatty made a motion to amend the opioid litigation complaint to add the Pharmacy Benefit Managers as defendants, including any related subsidiaries. The motion carried 13. Adjournment. No further action was taken. Upon a motiong by Commissioner Beatty which unanimously  unanimously.  carried, the meeting was adjourned at 7:42 p.m.  Chair  C  Randy Isenhower,  Catawba County Board of Commissioners Oau   Dale R. Stiles County Clerk  878