February 5, 2024, MB#56 Regular Session, February 5, 2024, 7:00 p.m. Catawba County Board of Commissioners Appointments 741 2/05/24 City of Claremont Planning Board-Eric Connor Juvenile Crime Prevention Council-Brandi Tolbert Juvenile Crime Prevention Council-Clifton Smith Juvenile Crime Prevention Council-Jacob Kyle Smith Juvenile Crime Prevention Council- LaChauncey Coulter Community Child Fatality Protection Team - Jessi Kirby Community Child Fatality Protection Team- Mark Bumgarner Outstanding Soil and' Water Conservation District Award Lake Norman Invasive Plant Eradication Request Awards Budget Duke Power Duke Power Resolution Emergency Services Conover Fire Appropriation Request 741 2/05/24 758 2/05/24 758 2/05/24 750 2/05/24 756 2/05/24 741 2/05/24 741 2/05/24 Surplus Equipment Donation Requests: Bandy's and Claremont Fire Departments Brookford Police Department Presentations Public Comment Jerry McCombs Brad Lail Purchasing Mediation Policy Revisions Public Hearings Outstanding Soil and' Water Conservation District Award 750 2/05/24 742 2/05/24 746 2/05/24 743 2/05/24 747 2/05/24 756 2/05/24 757 2/05/24 741 2/05/24 Special Assessment for Brookstone Subdivision Road Improvements. Final Assessment Roll for The Retreat Subdivision Special Assessment for Final Assessment Resolution Authorizing Street Improvement Project for Resolution Confirming Assessment Roll for the Retreat Subdivision and Resolution Declaring Surplus Property and Donation to Bandys Crossroads Volunteer Fire Department, Claremont Fire Department and Brookford Resolution Supporting Duke Energy's Transition to a Cleaner Energy Outstanding Soil and' Water Conservation District Award Road Improvements Resolutions Brookstone Subdivision (Resolution 2024-05) Levying Assessments (Resolution 2024-06) Police Department (Resolution 2024-07) Resolution Tax Order (Resolution 2024-08) Future (Resolution 2024-9) Soil & Water 740 February 5, 2024, MB#56 Tax Delinquent 2023 Real Estate Property Tax Order 757 2/05/24 742 2/05/24 746 2/05/24 Utilities and Engineering Special Assessment for Brookstone Subdivision Road Improvements. Final Assessment Roll for The Retreat Subdivision Special Assessment for Road Improvements The Catawba County Board of Commissioners met in Regular Session on Monday, February 5, 2024, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 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. Government Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer. Dale Stiles, and Deputy Clerk Kim Hefner. 2. Chair Isenhower led the Pledge of Allegiance. 3. Commissioner Robert Abernethy offered the invocation. January 16th, 2024. The motion carried unanimously. 4. Commissioner Barbara Beatty made a motion to approve the Minutes from the Board's Regular Meeting of 5. Recognition of Special Guests: 6. Public Comments. 7. Appointments. Chair Isenhower welcomed everyone present. Chair Isenhower thanked Kevin Griffin for his journalism of county matters while with the Hickory Daily Record and wished him the best in future endeavors. Jerry McCombs came forward and spoke about Black History Month, Shirley Ann Jackson and NAACP. Upon a recommendation by Commissioner Abernethy that came in the form of a motion which unanimously carried, the Board recommended the reappointment of Eric Connor to the City of Claremont Planning Board Upon a recommendation of Commissioner Abernethy that came in the form of a motion which unanimously carried, the Board recommended the appointment of Brandi Tolbert to the Juvenile Crime Prevention Council tof fill the unexpired term of Clifton H. Smith as District Court Designee, with a term expiration of June 30, Upon a recommendation of Commissioner Abernethy that came in the form of a motion which unanimously carried, the Board recommended the appointment of Clifton H. Smith to the Juvenile Crime Prevention Council to fill the unexpired term of Brandi Tolbert as Member at Large, with a term expiration of June 30, Upon a recommendation of Commissioner Abernethy that came in the form of a motion which unanimously carried, the Board recommended the appointment of Jacob Kyle Smith to the Juvenile Crime Prevention Upon a recommendation of Commissioner Abernethy that came in the form of a motion which unanimously carried, the Board recommended the appointment of LaChauncey Coulter to the Juvenile Crime Prevention Upon a recommendation of Commissioner Beatty that came in the form of a motion which unanimously carried, the Board recommended the appointments of Jessi Kirby and Mark Bumgarner to the Community Brad Lail came forward and spoke about County building inspections. for ai third term, with a term expiration of December 1,2 2026. 2024. 2024. Council for at first term, with at term expiration of. June 30, 2025. Council for a first term, with a term expiration of June 30, 2025. Child Fatality Protection Team. There are no term expirations for this board. 741 February 5, 2024, MB#56 8. Presentations. Department of Agriculture Team 5 Supervisory Soil Conservationist Jim Propst presented the Outstanding Soil and Water Conservation District Award to Soil and Water Administrator Randy Willis, Soil a. Utilities and Engineering Director Peter Shonka recommended the Board of Commissioners conduct a public hearing to consider Brookstone Subdivision Road Improvement Project, and adopt the Final In 2020, in support of the Board of Commissioners' Strategic Plan, the Board of Commissioners adopted Resolution 2020-17, creating a petition-driven program to facilitate acceptance of private roads in the North Carolina Department of Transportation's (NCDOT) Secondary Road Maintenance Program by providing up- front funding to improve the roads to NCDOT Standards. As statutorily permitted, the cost of improvements may be 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 Brookstone subdivision is located off of Zion Church Road in the unincorporated part of Catawba County. The property owners of that portion of Brookstone subdivision fronting or directly accessing on Brookstone Drive, Tuscany Court, Windsor Court, Waterford Drive and a portion of Cottingham Drive filed with the Utilities & Engineering Department a petition for improving the streets. The portion of Brookstone subdivision included in the petition consists of 91 lots. Property owners of 74 of the 91 lots, representing more than 75 percent of the affected owners signed the petition These property owners represent approximately The streets are approximately 24 years old and are generally in poor condition. To bring the roads up to North Carolina Department of Transportation standards trees, fences and other objects within the right-of- ways will be removed; nonstandard drainage structures will be removed and replaced with NCDOT approved structures; some road shoulders willl be regraded to allow water to drain from the road surface and the pavement will be milled 1.5 inches, the base will be reconditioned or reconstructed in some areas and repaved with 1.5 inches of asphalt. The cost of this work is estimated to be between $430,000 and $460,000, or about $4725 to $5055 per lot. The final cost and per lot assessment remains unknown until the The table below summarizes the statutory process for establishing private road assessments and, for the items that have 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 Conservationist Blake Henley and Administration Assistant Leia Hamlyn. 9. Public Hearings. Assessment Resolution for the Project. at least 75 percent of the road frontage to be improved through the assessment. 11,284.84 lineal feet oft the 14,970.34 lineal feet (75.4%) of total frontage. project is bid and constructed. implement the assessment (noted in italics, with planned dates). NCGS S 153A-205 153A-190 & 153A- 191 153A-192 153A-192 143-131 143-131 153A-193 & 194 Date 9/8/2023 1/16/2024 2/5/2024 2/5/2024 TBD TBD TBD Action Items road frontage. Citizens petition BOC with >75% of property owners & >75% of BOC accepts Citizen Petition, makes funding decision and adopts Preliminary Resolution describing the Project, financing BOC holds Public Hearing on Preliminary Assessment BOC adopts Final Resolution approving Project, setting financing Project is bid in accordance with NC Procurement Procedures. BOC determines Project Total Cost, sets date and time for Public Hearing on the Preliminary Assessment Rolls. and setting time for Public Hearing. Resolution. terms. Bid awarded. 742 February 5, 2024, MB#56 BOC holds Public Hearing on the Preliminary Assessment Rolls annuals, confirms Preliminary Assessment Rolls. If confirmed, Tax Administrator is authorized to collect assessment fees in 153A-195 TBD same manner as property taxes. The alternative to adopting the Final Assessment Resolution is to take no action, and the roads will remain in After Mr. Shonka's presentation, there were no questions. Chair Isenhower opened the public hearing. No one came forward and Chair senhower closed the public hearing. Commissioner Cole Setzer made a motion to adopt the Final Assessment Resolution for the Brookstone Subdivision Roads project. The motion their current state and maintenance responsibility status. carried unanimously at 7:16 p.m. The following resolution for Brookstone Subdivision applies: RESOLUTION No. 2024-5 Final Assessment Resolution Authorizing Street Improvement Project For Brookstone Subdivision WHEREAS, on the 8th of September, 2023, the property owners of that portion of Brookstone subdivision filed with the Catawba County Utilities and Engineering Department a petition fori improving said street in the Trees, fences, and other objects will be removed from the right-of-ways; non-NCDOT drainage structures will be replaced with NCDOT approved drainage structures; road shoulders will be regraded and grassed in areas to allow water to drain off the road surface; the roads will be milled 1.5 inches, the road base will be reconditioned or reconstructed and repaved with 1.5 inches of asphalt paving; WHEREAS, the Director of Utilities and Engineering for Catawba County has certified to the Catawba County Board of Commissioners that said petition is sufficient in all respects, the same having been duly signed by more than seventy-five percent (75%) of the owners, whose property represents more than seventy-five percent (75%) of all the lineal feet of frontage of the lands abutting upon the streets or portion of WHEREAS, a Preliminary Assessment Resolution has been adopted by this the Catawba County Board of NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners that: following manner: and streets hereinabove described; and Commissioners and a public hearing thereon duly held. 1. That Brookstone subdivision bei improved in the following manner: Trees, fences, and other objects will be removed from the right-of-ways; non-NCDOT drainage structures will be replaced with NCDOT approved drainage structures; Road shoulders will be regraded and grassed in areas to allow water to drain off the road surface; the roads will be milled 1.5 inches, the road base will be reconditioned or reconstructed and repaved with 1.5 inches of under and by virtue of Chapter 153A Article 9 of the General Statutes of North Carolina and the procedure therein established for acceptance into the NCDOT State system for highway asphalt paving; and maintenance, and that said project is hereby directed to be undertaken. 743 February 5, 2024, MB#56 2. That one hundred percent (100%) of the total cost of said improvement, be assessed upon the property receiving the improvements according to the assessment basis set out in the petition as Brookstone subdivision lots fronting or accessing on Brookstone Drive, Tuscany Court, Windsor That the assessment shall be payable in cash or if any property owner shall sO elect, such owner shall have the option of paying the assessment in ten (10) equal annual installments, said The County, and its officers, agents and attorneys are hereby directed to take any further actions as may be required by the laws of the State of North Carolina to perform the matters and things directed by this approved by the Catawba County Board of Commissioners, Court, Waterford Drive and a portion of Cottingham Drive; installments to bear interest at the rate of 1.5% percent per annum. Resolution. Adopted this 5th day of February, 2024. A copy of Brookstone Road Subdivision is hereto attached: 744 February 5, 2024, MB#56 CATAWBA COUNTY UTILITIES a ENGINEERING BROOKSTONE SUBDIVISION Road Improvement Project Sheloc'on wiibishast Qaslalyl OlakyBallichh biys catawba county m Bxireeh 745 Tiadequlsl 130feet February 5, 2024, MB#56 b. Utilities and Engineering Director Peter Shonka recommended the Board of Commissioners conduct a public hearing to consider adoption of a resolution confirming the Final Assessment Roll for The Retreat On January 16, 2024, the Board adopted a resolution for The Retreat subdivision establishing the Preliminary Assessment Roll, scheduling a public hearing for the approval of the Final Assessment Roll, and authorized submittal of a petition for NCDOT to accept the subject roads. The next step in the process is for the Board to conduct the advertised public hearing, adopt the Final Assessment Roll, and charge the Tax Administrator with the collection of the assessments. Property owners will then be notified of the The total project costs associated with The Retreat subdivision road improvements are $118,861.63. The basis for assessment is by loti in accordance with the number of subdivision lots at the time the petition was The individual assessment for each of the thirty-five lots is $3,396.05. This amount can either be paid as a lump sum before the first assessment bill comes due or in 10 annual payments with 1.5% annual interest. The table below summarizes the statutory process for establishing private road assessments and, for the items that have 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 153A-205 12/3/2022 Citizens petition BOC with >75% of property owners & >75% of road subdivision and authorizing collection of the assessments. assessment and payment options. submitted, which is thirty-five. The first annual payment, prior to the application of interest, is $368.25. implement the assessment (noted in italics, with planned dates). NCGSS S 153A-190 & 153A- 4/7/2023 191 Date Action Items frontage. BOC accepts Citizen Petition, makes funding decision and adopts Preliminary Resolution describing the Project, financing and setting time for Public Hearing. 153A-192 5/15/2023 BOC holds Public Hearing on Preliminary Assessment Resolution. 153A-192 5/15/2023 BOC adopts Final Resolution approving Project, setting financing terms. Bid awarded. 143-131 143-131 153A-193 &194 153A-195 5/31/2023 Project is bid in accordance with NC Procurement Procedures. 8/7/2023 1/16/2024 2/5/2024 BOC determines Project Total Cost, sets date and time for Public BOC holds Public Hearing on the Preliminary Assessment Rolls annuals, confirms Preliminary Assessment Rolls. If confirmed, Tax Administrator is authorized to collect assessment fees in same Hearing on the Preliminary Assessment Rolls. manner as property taxes. The Board of Commissioners may modify or annul the Final Assessment Roll or any individual assessments. Ift the Board of Commissioners should choose to annul the Final Assessment Roll or any individual assessments, the County would be unable to recover the project funds spent repairing the roads and would After Mr. Shonka's presentation, there were no questions. Chair Isenhower opened the public hearing. No one came forward and Chair Isenhower closed the public hearing. Commissioner Beatty made a motion to adopt a resolution confirming the Final Assessment Roll for The Retreat subdivision and authorize collection have established a precedent of dedicating public funding to private road repair projects. of the assessments. The motion carried unanimously at 7:18 p.m. The following resolution applies: 746 February 5, 2024, MB#56 RESOLUTION No. 2024-6 RESOLUTION CONFIRMING ASSESSMENT ROLL FOR THE RETREAT SUBDIVISION AND LEVYING. ASSESSMENTS WHEREAS, the Catawba County Board of Commissioners has on this day held a public hearing, after due notice as required by law, on the Final Assessment Roll for the improvement of Lake Bluff Drive located in WHEREAS, the Board has heard all those present who requested to be heard, and has found the NOW, THEREFORE BE IT RESOLVED by the Catawba County Board of Commissioners that: 1. The Assessment Roll for the improvement of Lake Bluff Drive located in The Retreat subdivision is hereby declared to be correct, andi is hereby confirmed in accordance with NCGS $153A-195. 2. The Board, pursuant to authority conferred by Chapter. 153A, Article 9 of the North Carolina General Statutes, does hereby, levy assessments as contained in the Assessment Roll shown on Attachment 3. The Catawba County Clerk is hereby directed to deliver to the Catawba County Tax Administrator the 4. The Catawba County Tax Administrator is hereby charged with collection of the assessments in 5. The Catawba County Tax Administrator is hereby further directed to publish once on the 27th day of February, 2024, a notice of confirmation of the Assessment Roll, which notice shall set forth the terms of payment of the assessments such that any assessments contained in the Assessment Roll may be paid in full, without interest to the Catawba County Tax. Administrator on or prior to February 5, 2025, or any property owner may elect to pay the assessment in ten (10) annual installments bearing interest at the rate of 1.5% per annum, the first installment with interest due and payable on February 6, 2025 and the succeeding installments with interest due and payable on the same date in each succeeding The Retreat subdivision; and Assessment Roll to be proper and correct. A, attached hereto and incorporated herein by reference. Assessment Roll. accordance with the procedure established by! law. year until the assessment is paid in full. Adopted this 5th day of February, 2024. Attachment A 747 February 5, 2024, MB#56 PIN LRK ParcelA Address Owner 460701379821 8008443 3685L LAKEE BLUFF DRJ MATOLAKENNETHG 460701378982 800845; 36731 LAKEE BLUFFD DR TIMBLIN LAURENA ANNE 460701388063 800846:3 3665L LAKEE BLUFF DR PUGLIESE. JEFFREY 460701388154 800847, 3659L LAKEE BLUFF DR ROWLANDE BARRY DEAN 460701388263 8008483 3653L LAKEE BLUFFD DR FLEMING. JESSEL 460701388393 8008493 3645LAKE BLUFF DR MUNOZOTITA 460701389531 800850.3 3631 LAKEE BLUFF DR UTKE STEVE MARK 460701389651 800851 3623LAKE BLUFF DRI LONGOJ JOSEPH RONALD 460701389740 8008523 3611 LAKE BLUFFD DR CULTRERASTEPHENE 460701389810 800853 3601 LAKEE BLUFF DR HENDERSONI KIMBERLY 460701388990 800854 35951 LAKE BLUFF DR CARLIN DIANAH 460701398091 800855 3587L LAKE BLUFFD DRI MEYERI LIVINGT TRUST 460701399112 800856 35751 LAKE BLUFF DRI VANDERBURG. JAMES DOUGLAS 460701399284 800857 35671 LAKE BLUFF DR CAMPBELLI DONALDI LEON 460701490324 8008583 35551 LAKE BLUFF DR BERRYMANSION 460701490444 800859 3543L LAKE BLUFF DRI GILLO GRAHAM 460701490533 800860 35371 LAKE BLUFF DR JAMES MATTHEW 460701490623 800861 3529L LAKE BLUFFD DR DUNNJ JOSEPHR 460701494620 800862 3526L LAKE BLUFF DR KEFFERJ JASONF ROBERT 460701494520 800863 3538L LAKEE BLUFF DR BROADWAY GARRYL 460701494310 800865:: 3554L LAKEE BLUFFDRI FATTORINI ANDREW 460701493173 800866 3570LAKEE BLUFF DR PLATEE ELLEN 460701483814 800869; 3598L LAKEE BLUFFD DR BARBERT TERRYJ 460701483715 800870 3606L LAKEE BLUFF DR SAHLANI. JEHAD 460701483626 800871 3614LAKE BLUFF DR KING! MARGARETR 460701483525 800872 36241 LAKEE BLUFF DR BERREY KELLYH 460701482275 8008743 36521 LAKEE BLUFF DR BAGGETT! NICHOLAS 460701482156 800875 3660LAKEE BLUFF DR BAKSAE ERNESTI LEONARD 460701482045 800876 3674LAKE BLUFF DR BERNHARDTI LANCES SCOTT 460701472985 800877, 36861 LAKE BLUFF DR SIMMONS TRAVISL Owner2 MATOLAI MONICAR TIMBLIN COREYA ALLEN PUGLIESE ALICIA ROWLANDI DONNAJO FLEMINGI HEIDIM UTKE PATRICIA ELAINE LONGOS SHAUNDA CULTRERAJ JOANN MEYERN MICHAELET TRUSTEE VANDERBURG ÇAROLYNB CAMPBELLI MARYE BETHFITCH BRENNEMANT KELSEY GILLE BARBARA JAMESS SARAE BLUME BROADWAYI LISAC CURRAN FATTORINI DEBORAHI BREEN REINHOIZRICHARD SAHLANI MAYA BELLI ROBERTY WILLIAMJ JOHNSON PRICE. JESSICA BAKSACAROL BERNHARDTI REBECCAE ELLEN SIMMONS COLLEENM PRICEJ JESSICA Lump Sum! Annual $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 $3,396.05 $368.25 460701493042 800867 REINHOIZRICHARD 460701483923 800868 35861 LAKEE BLUFF DR PETTIT PAULE BF FAMILY REVOCABLE LIVING TRUST PETTIT SANDRALF FAMILY REVOCABLEUVING TRUST $3,396.05 $368.25 460701389452 800878 460701483416 800879. 460701483306 804289; RETREATI PHASE! RETREATP PHASEI BAGGETT! NICHOLAS A copy of the Retreat Subdivision is hereto attached. 748 February 5, 2024, MB#56 THE RETREAT SUBDIVISION Road Improvement Project The Retreat al 1.5" Mill and Ovelay -4 40' CubR Replacement -Culvert Clean Out -Culverts Replared Driveways y Yardl Inlet Box Replaced eMailbox Removed o Stone Columns Creeks, Streams Lakes Parcel Address Structures The Retreat Slelocutfioe catawba county NO MAKING. LVING BETTER. Tichequals63let 749 February 5, 2024, MB#56 10. Consent Agenda. County Manager Mary Furtado presented the following five 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 appropriate $315,000 in Conover Rural Fire District fund balance to Conover Fire Department for replacement of a Fire On November 20, 2023, Conover Fire Department's 2009 Pierce Contender (Engine 3) experienced a catastrophic failure in the engine compartment, which resulted in a fire and total loss of the apparatus. The Department has been actively searching for a replacement apparatus. Currently, it is extremely difficult to The Department found a stock apparatus that would be available in January 2024. Conover Fire Department is requesting an appropriation of existing fund balance in the amount of $315,000 to purchase the stock Historically, each department has its own fund balance which is carried from year to year unless the department makes a request to appropriate it. The fund balance is created when tax revenue collections exceed the projections established by the Budget Department prior to each fiscal year. Conover Fire Department traditionally requests all funds collected from their rural fire district be held for purchases of apparatus and capital equipment acquisitions. Fire departments have been allowed to utilize ninety percent of existing fund balance to address major projects such as buildings, building additions, truck replacement and other non-recurring needs such as equipment items. Ten percent of each department's fund balance is held for unforeseen expenditures during the budget year. Using this 90 percent rule, Conover Fire Department currently has $331,310 in fund balance available for appropriation before this request. individual consideration. None was requested. Engine recently lost due to an engine fire. purchase a new custom apparatus due to the lead time being approximately 44 months. apparatus. Appropriation of Existing Fund Balance 355-260010-690100 Fund Balance Expense 355-260010-849010 Fire Protection $315,000 $315,000 b.T The Policy and Public Works Subcommittee recommended the Board of Commissioners adopt the Last year, the Board of Commissioners approved revisions to the County's Purchasing Code, which included procedures for awarding construction contracts. State law requires the County's construction contracts include dispute resolution and mandatory mediation provisions to cover instances when disputes arise. The The proposed revisions include correction of typographical errors, incorporation of language that clarifies procedural requirements, changes that better align the mediation process with components of the contract language, and an allowance for remote participation in mediated settlement conferences. A copy of the Rules Implementing Mediation Settlement Conferences in Catawba County are hereto revised Rules Implementing Mediated Settlement Conferences in Catawba County. current policy has not been revised since 2002 and needs to be updated. attached: 750 February 5, 2024, MB#56 RULES IMPLEMENTING MEDIATED SETTLEMENT CONFERENCES IN CATAWBA COUNTY Adopted: February 5, 2024 Table of Rules RULE 1. Initiating Mediated Settlement Conferences A. Purpose of Mandatory Settlement Conferences B. Initiating thel Dispute Resolution Process C. Condition Precedent tol Litigation A. Selection of Certified Mediator by Agreement oft the Parties B. Withdrawal or Disqualirication of al Mediator 3. The Mediated Settlement Conference A. Where the Conference is to be Held B. Whent the Conference ist to be Held C. Requests to Extend the Deadline for Completion D. Recesses E. Postponements F. Construction Projects 4. Duties of Parties and Other Participants A. Attendance B. Finalizing the Agreement C. Mediation Fee D. Failure to Compensate the Mediator 5. Authority and Duties of Mediators A. Authority of Mediator B. Duties of Mediator 6. Compensation oft the Mediator 7. Mediator Certification 8. Rule Amendments 9. Time Limits 10. No Recording 2. Selection of Mediator RULE1. INITIATING MEDIATED: SETTLEMENT CONFERENCES A. Purpose of Mandatory Settlement Conferences. Pursuant to Catawba County Code Section 8-35 and NCGSS1 143-128(1), these Rules are promulgatedt toi implement a system ofs settlement events which are designated tot focust the parties' attention on settlement rather than on claimp preparation andi to provide a structured opportunity for settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement oft the dispute resolution process. B. Initiating the Dispute Resolution Process. Pagelof5 751 February 5, 2024, MB#56 1. Any party toa a Catawba County contract governed by Catawba County Code Chapter(s) 8or3 30 andy who is ap partyt toa dispute arising out oft the construction process inv whichi the amount in controversy is at least $15,0001 mays submit a writtenr request to Catawba County for mediation oft the dispute. 2. Prior tos submission ofa a written request for mediationto Catawba County, the parties should give notice of anya and all claims in accordance with their respective contracts, obtain decisions ont the claims as required or allowed byt their respective contracts, and attempt to resolve the dispute according tot the terms and conditions int their respective contracts. The Mediator may adjourn any mediated settlement conference ift the Mediator believes, in his or her sole discretion, that the parties have not satisfied all of the terms and conditions oft their respective contracts and that doing sO wille enhance the prospects for a C. Condition Precedent to Litigation. Before any party to a Contract may commence a civil action against Catawba County seeking remedies for breach or non-performance of the Contract by the County, said party mustf firsti initiatet the dispute resolution process under these rules and attend and participate ing good A. Selectiono ofaCertified Mediator by Agreement of the Parties. Thep parties shalls select a Certified Mediator withint twenty-one (21) days ofr receipt by the County oft the requestf for mediation. Ifthe Mediator selected is not available or declines top participate for any reason, thep parties shall select another Certified Mediator. Ifthe parties are unable to agree on ar mediator within twenty-one (21) days of the request for mediation, the County shall havet the righti ini its absolute discretion to appoint a Certified Mediator. B. Withdrawal or Disqualification of a Mediator. Any party may request replacement of a mediator by Catawba County for good cause. Ifai mediator withdraws ori is disqualified, then the parties shall select another Certified Mediator withint three (3) days oft the notice of withdrawal or disqualification. Ar mediator who has withdrawn or been disqualified shall not be entitled tor receive an administrative fee, unless the mediation has been commenced. If the parties do not select and designate a mediator within three (3) days from the notice of withdrawal or disqualfication, the County shall have the right in its absolute A. Where the Conference is to be! Held. Unless all parties andi the mediator otherwise agree, the mediated settlement conference shall be held in Catawba County. The mediator shall be responsible for reserving ap place and making arrangements for the conference andf for giving timelyr notice of the time andI location oft the conferencet to alla attorneys, unrepresented; parties andother persons ande entitiesi requiredto attend. B. When the Conference is to be Held. The mediation shall be completed within ninety (90) days after Request to Extend the Deadline for Completion. A party, or the mediator, may request that Catawba County extend the deadline for completion of the mediated settlement conference. Such request shall state the reasons the extension is sought and shall be served by the moving party upont the other parties andt the mediator. Ifany party does not consentt tot the request, said party shall promptly communicate its objection, andt the reasons fori its objection, to Catawba County. Catawba County may grantt the request by setting ar new deadline for completion of the conference, or deny the request to extend the deadine, D. Recesses. The mediator may recess the mediated: settlement conference at anyt time andi mays set times forr reconvening. Ifthet time for reconveningi is set beforet the conference isr recessed, nofurther notification E. Postponements. Amediated: settlement conference session may! be postponed for goodcause onlya after notice byt the movant to all parties of the reason for the postponement and af finding of good cause by negotiated settlement. faithi int the mediated settlement conference. SELECTION OF MEDIATOR RULE2. discretion1 to appointa a Certified Mediator. RULE3. THE MEDIATED SETTLEMENT CONFERENCE selection oft the mediator. resulting ina ani impasse oft the mediation. is required for persons present att the conference. Catawba County. Page 2of5 752 February 5, 2024, MB#56 F. Construction Project. The mediated settlement conference or the matter subject of the mediated settlement conference: shall not be causei for the delay oft the construction project whichi is thet focus oft the dispute. RULE4. A. DUTIES OF PARTIES AND OTHER PARTICIPANTS Attendance. 1. All parties to the dispute must attend the mediated settlement conference. Failure ofa party to a construction contract to attend the mediated settlement conference will result in Catawba County's withholding of monthly payment to that party until such party attends the 2. Attendance shall constitute physical attendance, not by telephone or other electronic means. Notwithstanding the foregoing, all parties and persons required to attend a mediated settlement conference may agree to conduct the conference using remote technology, or usinga 3. Any party that is a nongovernmental entity shall be represented at the mediated settlement conference by an officer, employee, or agent who is not the entity's outside counsel and who has been authorizedi to decide whether, and ony what terms, to settle the action onl behalf of the entity, or who has been authorizedi to negotiate on! behalf of the conference with persons who have decision-making authority to settle the action; provided, however, that ifa specific procedure is required by law (e.g., as statutory pre-audit certificate) or the entity's governing documents (e.g., articles of incorporation, bylaws, partnership agreement, articles of organization, or operating agreement) to approve thet terms oft the settlement, thenthe representative shall have the authority to negotiate andr make recommendations tot the applicable 4. Any party that is a governmental entity shall be represented at the mediated settlement conference by an employee or agent who is not the entity's outside counsel and who: () has authority to decide on! behalf of the entityy whether and on what terms to settle the action; (i) has been authorized to negotiate on behalf of the entity and can promptly communicate during the conference with persons who have decision-making authority to settle the action; or (ili) has authority to negotiate on behalf of the entity and to make a recommendation to the entity's governing! board, ifu under applicable lawt the proposed settlement terms can! be approved only by the entity's governing board. Notwithstanding anything in these rules to the contrary, any agreement reached which involves a governmental entity may be subject to the provisions of 5. Attorneys on behalf of parties may attend the mediated settlement conference but are 6. Sureties ori insurance company representatives are not required to attend the mediated settlement conference unless any monies paid ort tol bep paidasa ar result ofa any agreement reached as a result of mediation require their presence or acquiescence. If such agreement or presence is required, then authorized representatives oft the surety or insurance company musta attendt the B. Finalizing Agreement. Ifa an agreement is reached int the mediated settlement conference, parties tot the agreement shall reducet thet terms tov writinga ands signi ita alongy witht their counsel, ifcounsel isp present, prior tot the: adjournment oft the conference. Ifadditional time is requiredtof formalize: an agreement, ther mediator may recess the conference and set at time certain for reconvening pursuant to Rule 3(D). The time for reconvening shall be as soon as practicable to allowf for formalization of the agreement. C. Mediation Fee. The mediation fee and any ancillary fees shall be paid in accordance with Rule 6 mediated settlement conference. hybrid ofi in-person attendance and remote technology. entity and can promptly communicate during the approval authorityi in accordance with that procedure. NCGSS1 159-28(a). not required to dos so. mediation. Compensation of the Mediator. Page 3of5 753 February 5, 2024, MB#56 D. Failure to Compensate Mediator. Any party's failure to compensate the mediators in accordance with Rule 6shalls subject that partytoaw withholding of said amount ofr money fromi the party's monthly payment by Catawba County. A. Authority of Mediators. RULE5. AUTHORITY ANDDUTIES OF MEDIATORS settlement conference and the procedures tol be followed. 1. Control of Conference. The mediator shall at all times be in control of the mediated 2. Private Consultation. The mediator may communicate privately with any participant or counsel prior to and during the mediated settlement conference. The fact that private communications have occurred with ap participant shall be disclosedi to all otherp participants att the 3. Scheduling the Conference. The mediator shall make a goodf faith effort to schedule the mediated settlement conference atat timet that is convenient with the participants, attorneys and mediator. In the absence of agreement, the mediator shall select the date for the mediated 1. The mediator shall define and describe the following at the beginning of the mediated b. The difference between mediation and otherf forms of conflict resolution; C. The costs oft ther mediated settlement conference; d. That the mediateds settlement conference isi nota at trial, ther mediatorisr notaj judge, and the parties retaint their legal rights ifthey do not reach settlement; e. The circumstances under which the mediator may meet and communicate privately with any of the parties or with any other person; Whether and under what conditions communications with the mediator willl be held in confidence duringt the conference; g. The inadmissibility of conduct and statements as provided by NCGS S 7A- h. The duties and responsibilities of the mediator and the participants; and Any agreement reached will be reached by mutual consent. 2. Disclosure. Ther mediator has a duty to bei impartial and to advise all participants of any 3. Declaring an Impasse. Itist the duty oft ther mediator to timely determine that ani impasse 4. Reporting the Results oft the Conference. The mediator shall report to Catawba County within ten (10) days of the mediated settlement conference whether or not an agreement was reached by the parties. If an agreement was reached, the report shall state the nature of said agreement. The mediator's report shall inform Catawba County of the absence of any party known to the mediator to have been absent from the mediated settlement conference without permission. Catawba County must require the mediator to provide statistical datai for evaluation 5. Scheduling Land Holding the Conference. Itis the duty of the mediator tos schedule the mediated settlement conference and conduct itp prior to the deadline of completion set by these Rules. Deadlines for completion of the conference shall be strictly observed by the mediator unless said time limiti is changed by av written order from Catawba County. beginning of the conference. settlement conference. settlement conference: B. Duties of Mediators. a. The process ofr mediation; f. 38.1(1); circumstance bearing on possible bias, prejudice or partiality. exists and that the mediated settlement conference shoulde end. oft the mediated: settlement conference program. RULE6. Page 4of5 COMPENSATION OF THE MEDIATOR Thep parties shall compensate the mediator for mediation services, anda any ancillary fees relatedt to the mediation, at the rate in accordance with the rate charged for Superior Court mediation. The parties shall also payt to the 754 February 5, 2024, MB#56 mediator ac one-time per case administrationratel inaccordance witht the rate chargedfor Superior Courtr mediation, Allr mediators: shall be properly certifiedi ina accordance witht the rules certifyingr mediators ins Superior Courti in! North Carolina, except when otherwise allowed by Catawba County upont the request of the parties to the mediation. Whens selecting mediators, the parties mayo designatear preferencet for mediators with al backgroundinc construction law orp public construction contracting. Suchrequirements, whilep preferred, are not mandatory under these Rules. All mediators chosen must either demonstrate they are certified in accordance with the Rules for Mediated Settlement Conference in Superior Court or must gaint the consent of Catawba County to mediate any dispute in These Rules are subject to amendment by Catawba County ata anyt timet the County deems appropriate. Anyt timel limit provided for by these! Rules may be waived or extended byt the County for good cause shown. There shall be no stenographic, audio, or video recording of the mediation process by any participant. This whichi is due upon appointment. RULE7. MEDIATOR CERTIFICATION accordance witht these Rules. RULE8. RULE9. RULE. AMENDMENTS TIME LIMITS RULE 10. NOF RECORDING prohibition includes recording either surreptitiously or with the agreement oft the parties. Page 5of5 755 February 5, 2024, MB#56 C. The Finance and Personnel Subcommittee recommended the Board of Commissioners adopt a resolution declaring the following vehicles and equipment as surplus and approving donation to the public safety agencies noted below: a. A2013 Chevrolet Tahoe to Bandys Crossroads Volunteer Fire Department; b. A2014 Chevrolet Tahoe to Claremont Fire Department; and C. Two (2) Motorola XTL2500 mobile radios to Brookford Police Department. NCGS S 160A-280 authorizes the donation of personal property to another governmental unit. The statute requires action by the governing body and posting of a public notice at least five days prior to the adoption of Catawba County has a local vehicle donation policy that supports local fire departments, rescue squads, public educational institutions, and police departments by making surplus vehicle donations available when a need is present and vehicles meeting that need are available. The two vehicle donation requests being Bandys Crossroads Volunteer Fire Department is in need of a quick response vehicle and has requested donation of a 2013 Chevrolet Tahoe, VIN No. 1GNLC2E03DR267294, with 127,102 miles and an approximate value of $5,750.00. If the donation request is approved, Bandys Crossroads Volunteer Fire Department will utilize this vehicle as a quick response vehicle for accessing roadways and driveways that larger fleet cannot maneuver. This donation will play a pivotal role in the reduction of their emergency Claremont Fire Department is in need of a quick response vehicle and has requested donation of a 2014 Chevrolet Tahoe, VIN No. 16NLC2E05ER173189, with 133,206 miles and an approximate value of $5,500.00. Ift the donation request is approved, Claremont Fire Department will utilize this vehicle in its Brookford Police Department requests donation of two (2) Motorola XTL2500 mobile radios, with a total approximate value of $230.00. XTL2500 mobile radios are being phased out by the County as they are not compatible with VIPER requirements effective July 1, 2025. If approved, Brookford Police Department will use the mobile radios in vehicles until they can obtain the funds to replace their equipment with the TDMA An alternative is to sell the vehicle and equipment on GovDeals, with total estimated revenues to the County of $11,480.00, based on GovDeals selling points for vehicles and equipment of similar age, condition, and aresolution approving the donation. considered by the Board of Commissioners at this time meet these criteria. response times. Education/Prevention Division to promote community awareness. compliant radios. mileage. The following resolution applies: RESOLUTION No. 2024-7 BROOKFORD POLICE DEPARTMENT DECLARATION OF SURPLUS PROPERTY AND DONATION TO BANDYS CROSSROADS VOLUNTEER FIRE DEPARTMENT, CLAREMONT FIRE DEPARTMENT AND WHEREAS, the County has the authority to declare property no longer needed as surplus and donate said WHEREAS, a 2013 Chevrolet Tahoe, VIN No. 1GNLC2E03DR267294 and a 2014 Chevrolet Tahoe, VIN No. 16NLC2E05ER173189 are no longer needed for any governmenta use by Catawba County; and WHEREAS, pursuant to NCGS S 160A-280 said vehicles may be donated to Bandys Crossroads Volunteer WHEREAS, two (2) Motorola XTL2500 mobile radios are no longer needed for any governmental use by property to another governmental unit pursuant to NCGS S 160A-280; and Fire Department: and Claremont Fire Department respectively; and Catawba County; and 756 February 5, 2024, MB#56 WHEREAS, pursuant to NCGS S 160A-280 said Motorola XTL2500 mobile radios may be donated to WHEREAS, a Public Notice was posted on the Catawba County website on January 30, 2024, five days Brookford Police Department; and prior to the adoption of this Resolution approving the donation, as required by statute. THEREFORE, the Catawba County Board of Commissioners resolves that: Volunteer Fire Department without monetary consideration. Department without monetary consideration. 1. The 2013 Chevrolet Tahoe is declared surplus property and shall be donated to Bandys Crossroads 2. The 2014 Chevrolet Tahoe is declared surplus property and shall be donated to Claremont Fire 3. The two (2) Motorola XTL2500 mobile radios are declared surplus property and shall be donated to Brookford Police Department without monetary consideration. 4. The Purchasing Manager is authorized to transfer of property. This the 5th day of February, 2024. as prescribed by NCGS S 105-369. d. Staff recommended the Board of Commissioners accept the report on delinquent real estate taxes, in compliance with NC General Statutes, and order the Tax Collector to advertise the delinquent tax liens NCGS 105-369(a) requires that each county's Tax Collector submit to their respective Board of Commissioners the total amount of unpaid taxes for the current year. As of January 31, 2024 delinquent real property taxes in Catawba County totaled $5,281,349 which represents 5.16% of the 2023 real This statute also requires that upon receipt of this report, the governing body must order the tax collector to property levy. advertise the tax liens. Thei following resolution applies: RESOLUTION No. 2024-8 BE IT RESOLVED, the Board of Commissioners for Catawba County, in compliance with NCGS 105-369(a), order the Tax Collector to advertise all unpaid tax liens, as prescribed in NCGS 105-369. This the 5lh day of February, 2024. to a cleaner energy future. The following resolution applies: e. Staff recommended the Board of Commissioners adopt a resolution supporting Duke Energy's transition RESOLUTION No. 2024-9 TOACLEANER ENERGY FUTURE A RESOLUTION SUPPORTING DUKE ENERGY'S TRANSITION 757 February 5, 2024, MB#56 WHEREAS, the Catawba County Board of Commissioners recognizes tremendous economic growth taking place in Catawba County, with increases in population and more businesses and industries choosing to WHEREAS, this residential, commercial, and industrial growth is driving increased energy demand within WHEREAS, Duke Energy's Plant Marshall is key to a vibrant economy, generating electricity enough to WHEREAS, Plant Marshal has been a community partner and foundation for the Sherril's Ford and Terrell Communities for almost 60 years, contributing to the economic growth of these communities through high- WHEREAS, Duke Energy is exerting considerable effort to transition to a cleaner energy future in order to WHEREAS, Plant Marshall will be approaching retirement in the coming years, and Duke Energy has proposed a plan to replace existing generation capabilities before retiring this coal burning plant with cleaner NOW, THEREFORE, BE IT RESOLVED that the Catawba County Board of Commissioners hereby supports and encourages execution of Duke Energy's proposed plan to construct an advanced, hydrogen-capable natural gas plant in proximity to the existing Marshall Steam Station to replace existing generation capacity locate in this region; and Catawba County and the greater region; and serve more than 1.7 million homes; and wage. jobs and generation of millions in annual property and other taxes; and preserve electric reliability and maintain future costs as low as possible; and burning natural gas. and ensure availability of reliable, affordable energy into the future. Adopted by the Catawba County Board of Commissioners on this 5th day of February, 2024. The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously. 11. Other Items of Business. None. 12. Manager's Report. Lake Norman Marine Commission Lyngbya Containment and Eradication Request. An algae outbreak, determined to be Lyngbya, has been discovered in multiple coves in the eastern and southern sections of Lake Norman. The algae threaten water quality, community health, economic vitality, Lake Norman Marine Commission has requested $10,000 from Catawba, Iredell, Lincoln and Mecklenburg Counties, along with Charlotte Water and Duke Energy to cover the current cost estimate of $60,000 for treatment of 4-6 herbicide applications that must begin in April to be effective. Al Bill for recurring funding has been passed in the House and will be taken up by the Senate this Spring. A group of concerned homeowners are currently collecting donations. After final project plans and costs are determined, if the level off funding is not required, it will be returned to each county. Commissioner Abernethy suggested a stipulation be made that Lake Norman Marine Commission explore all mechanical and biological options to determine if chemical treatment is the best approach. Commissioner Beatty made a motion to approve the $10,000 appropriation of funds for Catawba County's part for treatment of 4-6 herbicide applications to contain and eradicate Lyngbya, with the stipulation that LNMC will explore all mechanical and biological options to determine if chemical treatment is the best property values and recreational availability. approach. The motion carried unanimously. 12. Attorney's Report. None. 758 February 5, 2024, MB#56 13. Adjournment. No further action was taken. Upon a motion by Çommissioner Beatty which unanimously carried, the meeting was adjourned at 7:30 p.m. Randy Isenhower, Chair Catawba County Board of Commissioners PDuslsler Dale R. Stiles County Clerk 759