January 16, 2024, MB#56  Regular Session, January 16, 2024,7:00p p.m. Catawba County Board of Commissioners  Appointments Deputy Clerk Youth Council Appointments Presentations Catawba County Youth Council Public Comment Michael McRee Michael Smyre Kenyon Kelly Sherrill Wâtkins Public Health Public Hearings  739 1/16/24 722 1/16/24 722 1/16/24 722 1/16/24 722 1/16/24 722 1/16/24 722 1/16/24 726 1/16/24 722 1/16/24 722 1/16/24 724 1/16/24 724 1/16/24 729 1/16/24 732 1/16/24 739 1/16/24 722 1/16/24 722 1/16/24 730 1/16/24 738 1/16/24  Fireman's Relief Fund' Volunteer Fire Department Trustees-Edward Monroe  Public Health Office Renovation Project  Final Assessment Rolls for Deerfield Subdivision Special Assessment Road Final Assessment Rolls for Deerfield Subdivision Special Assessment Road Resolution Confirming Assessment Roll for Shadowfax Wynd in Deerfield Subdivision and Levying Assessments (2024-01) Resolution Confirming Assessment Roll for Windemere Lane in Deerfield Subdivision and Levying Assessments (2024-02) Resolution Declaring Cost, Ordering Preparation of Preliminary Assessment Roll And Setting Time and Place for Public Hearing on the Preliminary Assessment Roll for the Street Improvement Project: The Retreat (2024-3) Preliminary Assessment Resolution for Street Improvement Project: Brookstone  Improvement Project: Shadowfax Wynd Improvement Project: Windemere Lane  Resolutions  Subdivision (2024-4)  Tax  December Tax Refunds, Releases and Adjustments  Utilities and Engineering  Final Assessment Rolls for Deerfield Subdivision Special Assessment Road Improvement Project: Shadowfax Wynd Final Assessment Rolls for Deerfield Subdivision Special Assessment Road Improvement Project: Windemere Lane Preliminary Assessment Roll for The Retreat Subdivision Road Improvement Project  Special Assessment Resolution - Brookstone Subdivision Road Improvement Project Aspen Heights Subdivision Road Improvement Construction Cost Appropriation  The Catawba County Board of Commissioners met in Regular Session on Tuesday, January 16, 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 Barbara G. Beatty, and  Government Drive, Newton, North Carolina.  Cole Setzer. Commissioner Robert C. Abernethy, Jr., was not present.  721    January 16, 2024, MB#56  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.  Dale Stiles, and Deputy Clerk Kim Hefner.  2. Vice-Chair Austin. Allran led the Pledge of Allegiance. 3. Chair Isenhower offered the invocation.  4. Commissioner Barbara Beatty made a motion to approve the Minutes from the Board's Regular Meeting of  December 18h,2023. The motion carried unanimously. Chair Isenhower welcomed everyone present.  5. Recognition of Special Guests: 6. Public Comments.  Michael McRee came forward and requested the monument on the grounds of the 1924 Courthouse not be removed. Michael Smyre came forward and spoke about Veteran's Services. Kenyon Kelley came forward and spoke about Martin Luther King, Jr., Day. Sherrill Watkins came forward and spoke about NAACP. Upon a recommendation by Commissioner Beatty that came in the form of a motion which unanimously carried, the Board appointed Edward James Monroe to the Fireman's Relief Fund Volunteer Fire Department Upon the recommendation of Chair Isenhower, which came in the form of a motion which unanimously carried, the Board appointed/ /reappointed 34 members to the Catawba County Youth Council. Appointment Christopher Galan-Duran, President of the Catawba County Youth Council, presented to the Board an Utilities and Engineering Director Peter Shonka requested the Board of Commissioners conduct two public hearings to consider adoption of two resolutions confirming the Final Assessment Roll for Deerfield Subdivision, Shadowfax Wynd and' Windemere Lane and authorize collection of the assessments, Resolution #2020-17 created the petition-driven program to upgrade privately maintained secondary roads tor meet NCDOT standards, thereby converting road maintenance responsibility from private homeowners to NCDOT. 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, ar minimum 75 percent of the homeowners to be assessed must voluntarily sign a petition supporting the project. The owners who sign the petition must account for at least 75 percent of the road frontage to be 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  7. Appointments. Trustees,  letters were presented to these appointees.  8. Presentations. 9. Public Hearings.  update of the Youth Council's activities and upcoming projects.  improved through the assessment.  implement the assessment (noted in italics, with planned dates).  NCGS S  Date  Action Items  722    January 16, 2024, MB#56  153A- 205 153A- 190& 153A- 191 153A- 192 153A- 192 143- 131 143- 131 153A- 193& 194 153A- 195  3/13/2022 Citizens petition BOC with >75% of property owners & >75% of road 8/15/2022 BOC accepts Citizen Petition, makes funding decision and adopts  frontage.  Preliminary Resolution describing the Project, financing and setting  time for Public Hearing.  10/3/2022 BOC holds Public Hearing on Preliminary Resolution.  10/3/2022 BOC adopts Final Resolution approving Project, setting financing 3/24/2023 Project is bid in accordance with NC Procurement Procedures.  terms.  3/31/2023 Bid awarded.  12/18/2023 BOC determines Project Total Cost, sets date and time for Public 1/16/2024 BOC holds Public Hearing to annul, modify or confirm Preliminary  Hearing on the Preliminary Assessment Roll.  Assessment Roll. If confirmed, Tax Collector authorized to collect assessment fees ins same manner as property taxes.  On December 18, 2023, the Board adopted resolutions for Shadowfax Wynd and' Windemere, located in the Deerfield Subdivision, establishing the Preliminary Assessment Roll, scheduled 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. Deerfield Subdivision Road Improvement costs associated with the Shadowfax Wynd project total $319,863.04. The basis for assessment is by lot in accordance with the number of subdivision lots at the time the petition was submitted, which is twenty-two. The individual assessment for each of the twenty-two lots is $14,529.23. This amount can be paid either as a lump sum before the first assessment bill comes due or in 10 annual payments with 1.5% annual interest. The first annual payment, prior to the application of Deerfield Subdivision Road Improvement costs associated with the Windemere project total $59,174.62. The basis for assessment is by lot in accordance with the number of subdivision lots at the time the petition was submitted, which is seven (7). The individual assessment for each of the seven (7) lots is $8,453.52. This amount can be paid either as a lump sum before the first assessment bill comes due or in 10 annual payments with 1.5% annual interest. The first annual payment, prior to the application of interest, is $916.65. The Board of Commissioners may modify or annul the Final Assessment Roll or any individual assessments. If 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 for the Final Assessment Rolls for Deerfield Subdivision Special Assessment Road Improvement Project for Shadowfax Wynd. 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 Deerfield Subdivision, Shadowfax' Wynd and authorize collection of the assessments. The motion carried unanimously at 7:21 p.m. Chair Isenhower then opened the public hearing for the Final Assessment Rolls for Deerfield Subdivision Special Assessment Road Improvement Project for Windemere Lane. No one came forward and Chair  Property owners will then be notified of the assessment and payment options.  Shadowfax Wynd:  interest, is $1,576.55. Windemere:  have established a precedent of dedicating public funding to private road repair projects.  723    January 16, 2024, MB#56  Isenhower closed the public hearing. Vice-Chair Allran made a motion to adopt a resolution confirming the Final Assessment Roll for Deerfield Subdivision, Windemere and authorize collection of the assessments.  The motion carried unanimously at 7:23 p.m. The following resolution for Shadowfax Wynd applies:  RESOLUTION No. 2024-01  RESOLUTION CONFIRMING ASSESSMENT ROLL  FOR SHADOWFAX WYND IN DEERFIELD 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 Shadowfax Wynd 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:  Deerfield Subdivision; and  Assessment Roll to be proper and correct; and  1. The Assessment Roll for the improvement of Shadowfax Wynd located in Deerfield Subdivision is hereby declared to be correct, and 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, A, 3. The Catawba County Clerk is hereby directed to deliver to the Catawba County Tax Administrator the I 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 6th day of February, 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 1/16/2025, or any property owner may elect to pay the assessment in ten (10) annual instalments bearing interest at the rate of 1.5% per annum, the first installment with interest due and payable on 1/17/2025 and the succeeding installments with interest due and payable on the same date in each succeeding year until  attached hereto and incorporated herein by reference.  Assessment Roll.  accordance with the procedure established by law.  the assessment is paid in full. Adopted this 16th day of. January, 2024. The following resolution for Windemere Lane applies:  RESOLUTION No. 2024- - 02  RESOLUTION CONFIRMING ASSESSMENT ROLL  FOR WINDEMERE LANE IN DEERFIELD 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 Windemere Lane located in  Deerfield Subdivision; and  724    January 16, 2024, MB#56  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 Windemere Lane located in Deerfield Subdivision is hereby declared to be correct, and 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. A, 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 6th day of February, 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 1/16/2025, 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 instalment with interest due and payable on 1/17/2025 and the succeeding installments with interest due and payable on the same date in each succeeding year until  Assessment Roll to be proper and correct; and  attached hereto and incorporated herein by reference.  Assessment Roll.  accordance with the procedure established by law.  the assessment is paid in full. Adopted this 16th day of January, 2024. A copy of Deerfield Subdivision is hereto attached:  725    January 16, 2024, MB#56  DEERFIELD SUBDIVISION: catawba county MAKING. LIVING. BETTER.  MSlsses Geeks Posels Sinudures Windameel loneA Assessment Shadowlar WypdAsespenl  WORTH  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' appropriation of $375,000 in prior years' home health sale revenues for a facility renovation project at the Public Health For several years, Public Health has been planning for an update of the primary staff cubicle area in the facility that is original to the building (30 years), due to age and wear. Carpeting is threadbare in heavily trafficked areas, and rips and holes are present at carpet seams. The cubicles in this area are also original to the building, and there are no longer replacement parts or a vendor to service them. The cubicle space houses the following programs: School Health, Case Management, Health Promotion, Clinical Services, and Dental, totaling approximately 37 cubes and 65 staff. The requested project is to remove and replace the existing cubicles and furniture. This project would also create a new workspace for environmental health The original intent was to request to update this space in the upcoming FY 2024/25 budget. However, the department was notified in late November of receipt of a $60,000 regional ARPA grant to fund the flooring portion of the project. This grant requires all funds be expended by April 30, 2024, which caused the funding request to come forward sooner. Upon award notification, Public Health presented its renovation proposal to  individual consideration. None was requested.  facility.  staff when they are in the building as well as additional staff meeting space.  726    January 16, 2024, MB#56  the Board of Health, which favorably recommends moving forward with the funding request for prior years' Public Health previously operated a home health agency for many years. In 2015, due to an increasingly competitive home health marketplace, the decision was made to sell the agency. This sale generated $3.5 million in revenues, which was deposited in the County's General Fund fund balance and informally earmarked for Public Health (meaning iti is not officially designated as restricted revenue through the audit or any policy action). Since then, Public Health has requested funding from this sale for one-time projects such as higher learning and one-time conferences, electronic medical records software, and other various facility renovations and upgrades. As of today, approximately $3.27 million of this funding remains in the County's Public Health has worked with Catawba County Purchasing and Facilities and has received an initial quote to up-fit this space from a vendor on State contract and Federal GSA. This vendor, F3, is the same vendor This project would meet current and future needs of the organization and renovate one of the last remaining areas original to thel building's construction. We therefore request the Board to approve the requested funds.  home health sale revenue to complete the project.  General Fund fund balance.  used during the Justice Center renovation project.  Revenue: 110-580050-690100 Expense: 110-580050-968000  Fund Balance Applied Building Structures & Improv.  $375,000 $375,000  b.7 The Policy and Public Works Subcommittee recommended the Board of Commissioners adopt a resolution establishing project total cost, setting the Preliminary Assessment Roll, and scheduling a Public Hearing for The Retreat Subdivision Road Improvement Project; and authorize the Chair to petition the North Carolina Department of Transportation (NCDOT) to accept Lake Bluff Drive in The Retreat subdivision into In2 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 responsibiity. 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 Retreat subdivision 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 for acceptance into NCDOT's secondary road maintenance program. The construction is now complete, and NCDOT Division staff is satisfied that the roads now meet NCDOT standards and can be accepted into the In order to complete the special assessment after a project is complete, the Board must make a final determination of cost, prepare and publish a Preliminary Assessment Roll, conduct a public hearing, and consider adopting what - if approved - will then become the Final Assessment Roll, and charge the Tax Administrator with the collection of the assessments. Property owners will then be notified of the assessment and payment options. This action implements the special assessment. The last required action is submission of a petition to the NCDOT Board for acceptance of the roads into the State's program for  NCDOT's Secondary Road Maintenance Program.  road improvement projects.  secondary road maintenance program.  maintenance.  727    January 16, 2024, MB#56  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 1 each required action. The table also outlines the remaining steps the Board will still need to take in order to  implement the assessment (noted in italics, with planned dates).  NCGSS 153A-205 153A-190 153A-191 153A-192 153A-192 143-131 143-131  Date 12/3/2022 & 4/7/2023 5/15/2023 5/15/2023 5/31/2023 8/7/2023  Action' Items >75% of road frontage.  Citizens petition BOC with >75% of property owners & BOC accepts Citizen Petition, makes funding decision and adopts Preliminary Resolution describing the Project, financing and setting time for Public Hearing. BOC holds Public Hearing on Preliminary Assessment BOC adopts Final Resolution approving Project, setting Project is bid in accordance with NC Procurement BOC determines Project Total Cost, sets date and time for Public Hearing on the Preliminary Assessment Rolls. 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 manner as property taxes.  Resolution. financing terms. Procedures. Bid awarded.  153A-193 & 194 1/16/2024  153A-195  2/5/2024  Below is a summary oft the actions the Board is being requested to take today. mailing notices. For The Retreat the costs associated with the project is:  1). Determination of Cost  In determining the total cost, the Board may include construction costs and the cost of publishing and  Determination of Cost- - The Retreat Construction Advertisement of Preliminary Assessment (prior to construction) Advertisement and notice of Preliminary Roll (current BOC item) Total Cost- The Retreat petition was made, which is 35.  $118,283.85 $192.88 $385.00 $118,861.63  The basis for assessment is by lot in accordance with the number of subdivision lots at the time the The individual assessment for each of the 35 lots is $3,396.05. This amount can be paid as a lump sum before the first assessment bill comes due or in 10 annual payments with 1.5% annual interest.  The annual payment with interest is $368.25. 2.) Preliminary Assessment Roll Prepared and Published  Now that construction is complete, County staff has developed a preliminary assessment roll for The Retreat, in accordance with the provisions of NCGS 153A-194. Ifthe Board adopts the resolution presented, the preliminary assessment roll will be filed in the Clerk's office where it will be available for inspection, and the required public hearing will be scheduled for the Board meeting on February 5, 2024. Additionally, a notice of the preliminary assessment roll and public hearing time will be mailed by first-class mail to each  property owner to be assessed.  728    January 16, 2024, MB#56  3.) Petition to NCDOT  To initiate the process with NCDOT regarding maintenance responsibility, the Board must authorize submittal of a petition to NCDOT to accept the following roads: Lake Bluff Drive in The Retreat subdivision. Ift the Board of Commissioners should choose not to adopt the Final Assessment Rolls, the County would be unable to recover the project funds spent repairing the roads and would have established a precedent of  Copy oft the NCDOT petition form for the subdivision is attached. dedicating public funding to private road repair projects.  The following resolution applies:  RESOLUTION No. 2024-03  RESOLUTION DECLARING COST, ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME. AND PLACE FOR PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL WHEREAS, the improvement of a portion of The Retreat fronting on Lake Bluff Drive was requested by petition of Property Owners filed on December 3, 2022, duly certified, to the Board of Commissioners, and determined to be sufficient in all respects by the Director of Utilities and Engineering; and WHEREAS, the Board authorized the project by a Resolution adopted by the Board on May 15, 2023 and WHEREAS, the cost of the project, exclusive of costs incurred at street intersections, has been determined. NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners that:  FOR THE: STREET IMPROVEMENT PROJECT FOR THE RETREAT SUBDIVISION  the project has been completed; and  1.The cost of the above-described improvement has been computed and determined and is hereby 2.The Catawba County Tax Administrator is hereby directed to prepare a preliminary assessment roll, in accordance with NCGS $153A-194, showing the individual assessments upon properties benefited by 3.The Catawba County Clerk is hereby directed to make available during regular office hours, in the Clerk's office, the preliminary assessment roll for the purpose ofi inspection by the public from this day 4.The Catawba County Board of Commissioners will hold a public hearing in accordance with NCGS $153A-195 at 7:00 p.m. on February 5, 2024 at the Catawba County Board of Commissioners Board  declared to be $ 118,861.63.  the improvement.  through February 5, 2024.  Room, located in the Justice Center in Newton, North Carolina.  5.The Clerk is hereby directed to issue notice of the above described public hearing.  6.The Clerk is further directed, no later than 10 days before the public hearing, to mail by first class mail copies oft the notice of hearing to the property owners listed on the preliminary assessment roll.  Adopted the 16th day of January, 2024.  A copy of The Retreat Subdivision map is hereto attached:  729    January 16, 2024, MB#56  THE RETREAT SUBDIVISION Road Improvement Project  The Retreat 1.5" Mill and Overlay --40 Curb! Replacement -( Culvert Cean Out -û Cuiverts Replaced Diveways E Yord! Inlet Box Replared jel Mailbox Removed o Stone Columns Geeks, Slreams lokes Porcel Adiress Strucures The Retreat  Stalogolion  catawba county NORTN MAKIRO. IYING:  lincequels63feel  730    January 16, 2024, MB#56  C. The Policy and Public Works Subcommittee recommended the Board of Commissioners authorize Brookstone Subdivision Road Improvement Project; and adopt the Preliminary Assessment Resolution for Resolution #2020-17 created the petition-driven program to upgrade privately maintained secondary roads to meet NCDOT standards, thereby converting road maintenance responsibility from private homeowners to NCDOT. 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, a minimum 75 percent of the homeowners to be assessed must voluntarily sign a petition supporting the project. The owners who sign the petition must account for at least 75 percent of the road frontage to be Brookstone Subdivision is located off Zion Church Road in unincorporated Catawba County. The property owners of that portion of Brookstone Subdivision fronting 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 81.3% oft the affected owners, signed the petition These property owners represent approximately 11,284.84 lineal feet of the 14,970.34 lineal feet (75.4%) of NCDOT staff prepared the scope of work and County staff prepared the cost estimate to bring the roads up to NCDOT standards. A letter from NCDOT stating the roads will be recommended for acceptance into the The streets are approximately 24 years old and are generally in poor condition for pavement of this age. To bring the roads up to North Carolina Department of Transportation standards, trees, fences and other objects within the rights-of-way will be removed; nonstandard drainage structures will be removed and replaced with NCDOT approved structures; road shoulders will 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 $4,725 to $5,055 per lot. The final cost and per lot assessment remains 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 153A-205 9/8/2023 Citizens petition BOC with >75% of property owners & >75% of road  Brookstone Subdivision Road Improvement Project.  improved through the assessment.  total frontage.  Secondary Road Maintenance Program once improved is attached.  unknown until the project is bid and constructed.  implement the assessment (noted in italics).  NCGSS 153A-190 & 153A-191  Date  Action Items frontage.  BOC accepts Citizen Petition, makes funding decision and adopts  1/16/2024 Preliminary Resolution describing the Project, financing and setting  time for Public Hearing. financing terms. Bid awarded.  153A-192 2/5/2024 BOC holds Public Hearing on Preliminary Assessment Resolution. 153A-192 2/5/2024 BOC considers adopting Final Resolution approving Project, setting  143-131 143-131 153A-193 & 194 153A-195 tbd  tbd tbd tbd  Project is bid in accordance with NC Procurement Procedures. 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.  731    January 16, 2024, MB#56  manner as property taxes.  The alternative to adopting the Preliminary Assessment Resolution is to deny it and not offer public financing  of private road improvements. Thei following resolution applies:  RESOLUTION No. 2024-04 PRELIMINARY ASSESSMENT RESOLUTION FOR: STREET IMPROVEMENT PROJECT FOR BROOKSTONE SUBDIVISION  WHEREAS, street maintenance and deterioration is a concern that affects residents of Catawba County WHEREAS, at its meeting held on September 8, 2020, the Catawba County Board of Commissioners resolved (Resolution # 2020-17) to take an active role in efforts to make street repair assistance available to citizens when other alternatives are not feasible, in accordance with Chapter 153A Article 9 of the North WHEREAS, on the 8th day of September, 2023 the property owners of that portion of Brookstone Subdivision fronting on Brookstone Drive, Tuscany Court, Windsor Court, Waterford Drive and a portion of Cottingham Drive filed with the Catawba County Utilities and Engineering Department a petition for 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 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 affected 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  neighborhoods and subdivisions; and  Carolina General Statutes; and  improving the streets in the following manner:  reconditioned or reconstructed andi repaved with 1.5 inches of asphalt paving; and  portion ofs streets hereinabove described.  NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners: 1. The above mentioned petition is found to be sufficient in all respects. 2. Itisi intended Brookstone Subdivision streets be 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 1.51 inches of asphalt paving; 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 maintenance. 3. One hundred percent (100%) of the total cost of said improvement, be hereafter assessed upon the property receiving the improvements (according to the assessment basis set out in the petition): The property owners of the that portion of Brookstone Subdivision fronting on Brookstone Drive, Tuscany Court, Windsor Court, Waterford Drive and a portion of Cottingham Drive.  732    January 16, 2024, MB#56  4. Within 30 days of publication of notice of confirmation of the final assessment role, the assessments shall be payable in full, 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 installments to bear interest at the 5. A public hearing on all matters covered by this resolution shall be held at 7:00 p.m. on the 5th day of February, 2024, in the Board of Commissioners Meeting Room, 2nd floor of the Catawba County Justice BE IT FURTHER RESOLVED that a copy of the Notice of Preliminary Assessment Resolution and Public Hearing provided for in NCGS S 153A-191 be published in the Hickory Daily Record as described in 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  proposed rate of 1.5% percent per annum.  Center, 100 Government Dr. in Newton, North Carolina.  subsection of said General Statutes.  Resolution.  Adopted the 16th day of. January, 2024.  A copy of the Brookstone Certificate of Sufficiency is hereto attached:  733    January 16, 2024, MB#56  CERTIFICATE. AS TOSUFFICIENCY OFI PETITIONI FOR IMPROVEMENT  TO:THBC CATAWBA COUNTYI BOARD OF COMMISSIONERS  Peter Shonka, Director ofl Utilities and Engineering for Catawba County, North Carolina, do hereby certify that the attached petition of properly owners for the improvement Brookslone Subdivision" was lodged with me ont the g" day of September, 2023; thatl have investigated the sufficiency oft the said petition; andt that the result ofr myi investigation isa as follows: 1. The total number ofc owners oft thel lands abutting upont thes street ors streets orp part ofs street ors streets proposed by the: said petition tot bei improvedi is 91, The number ofs said owners whos signedt the petitioni is 74,a1 number equalt tos greater than' 75p percent. 2. Thet total number ofl lineal feet ofi frontage ofs said1 lands upont thes street ors streets orp part of street ors streets proposed! byt thes said petition lobei improvedi is 14,970.341 feet. Thes number ofthes saidl lineal feeto offiontage represented byt thop property oft thes said owners who signed the petitioni is 11,284.841 feet, ac distance equal to greater than 75 percent or thef frontage of 3, Ifind that the said petition is in all respects sufficient and in conformity with all the requirements of Chapter 153A-205 oft the General Statutes of! North Carolina. I find also thal thes street (or strects) (or parto ofas street ors sireets) proposed byt the said petition tol be improved is (ore are) ork has been (orl have been) definitely laido out, and that the boundaries  thel lands abutting thes area tot bei improved.  ofthes same havel been definitely fixed, INY WITNESS: THEREOF,Iaffixi my hand and: seal. This the 15th day ofI December, 2023,  Rbmslk Peter M. Shonka, Director Utilitiest and Engineering  A copy of the Brookstone GIS Mapi is hereto attached:  734    January 16, 2024, MB#56  catawba county Geospatial  U&E  Ei Information Services  Map  UMINS.imA  1irm600ft.  Subdivision: BROOKSTONE  Tikr maphpoitpndictws prepared tom te Catbacon y, NC Geospattall limatbi Genijoes. Catawba Cout last made sibstant ttalenbrts besie tie acbi aoofiocation aids labe ng! Intomation contaliedoi bin mapord datad oi. us epor.Catawba Comyppmops adreoomme ids BeIGpGterTatN. ofany datas contahedon. t'5n mapeparpdiotD/Da: iserTie CouyorCatata, is empisyees,age! Is,ad per Isonel.dkoclm, adsialliotbe let a! lbie brary adaldanages, bss ofisbinywiener direot. hdirector conseqie itelwilol arkes orma  arkse tom- tkn mapheportppdictort ne Ase tiereotby aypersoy Oreitny.  Cop/rgit2021 Catzwba Cony NCI 735  05/0/2021    January 16, 2024, MB#56  A copy of the Brookstone NCDOT Letter is hereto attached:  736    January 16, 2024, MB#56  STATE OFNORTH CAROLINA DEPARTMENT OF TRANSPORTATION  RoY COOPER GOVERNOR  J.ERICBOYETTE SECRETARY  December 13, 2023 Mr. Pete Shonka, P.E. Utilities & Engineering Director 25 Government Drive Newton, NC 28658 Dear Mr. Shonka,  This letter isi in response to your inquiry about the acceptance ofl Brookstone Subdivision in Catawba County. Once alli items on the scope of work have been corrected and the District Office has confirmed that the repairs meet NCDOT's Minimum Standards for Addition. Thel District Office will move forward withi the addition paperwork fort the streets within Brookstone Subdivision that meet those minimum standards andi then submit and recommend the streets for addition to NCDOT's Secondary Road Maintenance System, Ify you have any further question pléase let us know.  Sincerely, Docusignedby: Tiavis Rfordan 6B5E303564F6. Travis R. Jordan, P.E. District Engineer Division 12, District3 TRJ:jlk Cc: file  Malling Adtress: NCDEPARIMENT OFT TRANSPORTATION DISTRICT3 OFFICE 1031 EAST GASTON: STREET LINCOLNTON,NC7 28092  Teleplone: 704-748-2400 Fax: 704-748-2403 Customer Service: 1-877-368-4968 Website: nedolgov 737    January 16, 2024, MB#56  d. The Policy and Public Works Subcommittee recommended the Board of Commissioners authorize the Aspen Heights Subdivision Road Improvement Project; and transfer $45,000 from Subdivision Road Improvement Future Projects to fund the project; and authorize the County Manager to award the bid and 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 Aspen Heights subdivision 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 for acceptance into NCDOT's secondary road maintenance program. Aspen Heights Subdivision is located off Burris Road, and consists of approximately 11 homes or lots. The only access road into the subdivision is Aspen Court needs repairs throughout, consisting of milling and overlaying 1.5 inches of asphalt pavement. 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  execute all documents associated with the project.  road improvement projects.  implement the assessment (noted in italics).  NCGSS 153A-205 153A-190 & 153A- 191 153A-192 153A-192 143-131 143-131  Date 6/15/2023 10/16/2023 11/6/2023 11/6/2023 1/17/2024 (estimate)  Action Items frontage.  Citizens petition BOC with >75% of property owners & >75% of road BOC accepts Citizen Petition, makes funding decision and adopts Preliminary Resolution describing the Project, financing and setting BOC holds Public Hearing on Preliminary Assessment Resolution. BOC adopts Final Resolution approving Project, setting financing  time for Public Hearing. terms. Bid awarded.  12/13/2023 Project is bid in accordance with NC Procurement Procedures.  153A-193 & 194 tbd 153A-195  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. Ifconfirmed, Tax Administrator is authorized to collect assessment fees in same  Hearing on the Preliminary, Assessment Rolls.  tbd  manner as property taxes.  On December 13, 2023, the County received a total of three (3) bids, attached, for Aspen Heights road  improvements.  M&K Enterprises, LLC Precision Paving, Inc. JT Russell & Sons  $42,607.99 $42,860.40 $44,095.30  738    January 16, 2024, MB#56  The lowest responsive bid is from M&K Enterprises, LLC for $42,607.99, which is 11.3% lower than the The minimum assessment for each affected parcel in Aspen Heights, based on the bid only, is estimated to be $3,873.45. 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 oft the  estimated cost.  project.  413-6011388505-1990 Subdivision Road Improvement Future Projects 413-6011388605-708 Aspen Heights Subdivision Road Improvements  $45,000 $45,000  e. The Tax Administrator recommended the Board of Commissioners approve 42 releases totaling $11,313.52, 21 refunds totaling $11,886.13 and 45 Motor Vehicles Bill adjustments I refunds totaling North Carolina General Statute 105-381(b) states upon receipt of a taxpayer's written request for release or refund, the taxing unit's governing body has 90 days to determine whether the taxpayer's request is valid and to either approve the release or refund of the incorrect portion or to notify the taxpayer in writing that no During the month of December, Tax Office staff has checked records and verified the legitimacy of 42 release requests totaling $11,313.52, 21 refunds totaling $11,886.13 and 45 Motor Vehicle Bill adjustments/ Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing / being sold, clerical errors, listing errors and material changes in property structures. The refunds were due mainly to value changes approved by the Board of Equalization Review. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year transfers of The consent agenda items came ini thet form of ar motion by Chair Isenhower, which carried unanimously.  $3,764.19 requested during the month of December.  release or refund willl ber made. refunds totaling $3,764.19.  ownership, change in values and change in situs.  11. Other Items of Business. None. 12. Manager's Report. 13. Attorney's Report.  County Manager Furtado introduced Kim Hefner who has been hired as Deputy Clerk. Upon a motion by Commissioner Beatty, which carried unanimously, Ms. Hefner was appointed as Deputy Clerk. County Attorney Jodi Stewart recognized Assistant County Attorney Josh Teague for filling the Deputy Clerk 14. Adjournment. No further action was taken. Upon a motion by Commissioner Beatty which unanimously  role as necessary while the position was vacant. carried, the meeting was adjourned at 7:28 p.m.  Randy! Isenhower, Chair Catawba County Board of Commissioners OMALER  R  Dale R. Stiles County Clerk 739