Regular Session, November 6, 2023, 7:00 p.m. Catawba County Board of Commissioners  Appointments Budget  Library Board of Trustees-Nancy Miller  626 11/06/23 644 11/06/23 626 11/06/23 627 11/06/23 626 11/06/23 643 11/06/23 626 11/06/23 626 11/06/23 626 11/06/23 626 11/06/23 626 11/06/23 627 11/06/23 627 11/06/23 638 11/06/23 643 11/06/23 639 11/06/23 644 11/06/23 637 11/06/23  Budget Transfer-The Retreat Subdivision Road Additional Project Funds  Economic Development Project Sugar Maple + Emergency Services Planning & Parks Map Review Officer Designation Presentations Proclamations Public Comment Michael McRee-Monument Thomas Kern- School Library Books Public Hearings Project Sugar Maple + Resolutions  Project Sugar Maple Economic Development Agreement Proclamation in Support of Operation Green Light for Veterans  Proclamation in Support of Operation Green Light for Veterans Proclamation in Support of Operation Green Light for Veterans  Final Assessment Resolution for Aspen Heights Road Improvement Project Resolution Authorizing Economic Development Incentives for Wanzl North Final Assessment Resolution Authorizing Street Improvement Project for Aspen Heights Subdivision (Resolution 2023-36) Resolution Appointment of Map Review Officers (Resolution 2023-37) Declaration of Retiring Captain Bentley' "Pete" Lutz Badge and Service Weapon Budget Transfer-The Retreat Subdivision Road Additional Project Funds Final Assessment Resolution for Aspen Heights Road Improvement Project  America (Resolution 2023-35)  Sheriff  as Surplus Utilities and Engineering  The Catawba County Board of Commissioners met in Regular Session on Monday, November 6, 2023, at7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Barbara G.  Center, 100 Government Drive, Newton, North Carolina.  Beatty, and Cole Setzer. Commissioner Robert C. Abernethy, Jr. was not present.  625    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 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Josh Teague, and County Clerk Dale Stiles.  2. Vice Chair Austin Allran led the Pledge of Allegiance. 3. Chair senhower offered the invocation.  4. Vice Chair Austin. Allran made a motion to approve the Minutes from the Board's Regular Meeting  of October 16th, 2023. The motion carried unanimously. Chair Isenhower welcomed everyone present.  5. Recognition of Special Guests: 6. Public Comments. 7. Appointments.  Michael McRee came forward requesting the monument on the grounds of the 1924 Courthouse not be removed. Thomas Kern came forward removal of certain books from school libraries. Upon the recommendation of Commissioner Beatty that came in the form of a motion which unanimously carried, the Board appointed Nancy Miller to the Library Board of Trustees for a 1st Commissioner Cole Setzer presented Veterans Service Officer Rebecca Mattison with a a. Economic Development Director Nathan Huret requested the Board of Commissioners conduct a public hearing, approve the Economic Development Agreement between the County and Project Sugar Maple + (the "Company") and the related resolution, and authorize the Chair to The Company is a world leader ine equipment and shopping solutions for retail, convenience store, grocery, health care, food service and industrialcommercial businesses. The German-owned company is most widely recognized as the largest manufacturer of shopping carts in North America and has had its flagship manufacturing facility and US headquarters in Newton and Catawba County for over thirty years employing over 300 people. The company also operates a The Company is contemplating exciting advancements for its Newton facility, including the integration of innovative production technologies, heralding the launch of a new product line. This addition aims to cater to the escalating global demand for shopping solutions. The facility itself will also undergo notable enhancements, including a modernized cafeteria and an employee The project demands a capital outlay of at least $15M, predominantly on personal property assets. With the potential expansion, the Company would create 10 new positions with an The proposed incentive is a property tax grant of 50% over three years (maximum $86,674), beginning after the first or second year of investment (company may select with prior notice). This investment will net a positive payback to the County immediately, similar to paybacks used  term, with a term expiration of June 30, 2027.  8. Presentations. 9. Public Hearings.  Proclamation in Support of Operation Green Light for Veterans.  execute these along with any other needed documents.  nearby distribution center in Lincoln County.  lounge.  average annual wage at or exceeding the County's averagev wage( ($52,172).  to determine grant involvement in other County projects.  626    Like all incentives provided by the County, these incentives will be based on an economic development agreement which requires the Company to meet minimum thresholds of investment $15,000,000 by the end of 2025) and job creation (10 new jobs by end of 2025) and maintenance (309 existing jobs). Clawbacks are included in the agreement, requiring repayment After Mr. Huret's presentation, he confirmed there to be additions within the structure to include a cafeteria. Chair Isenhower opened the public hearing. No one came forward and Chair Isenhower closed the public hearing. Commissioner Barbara Beatty made ar motion to approve the Economic Development Agreement between the County and the Company and the related resolution, and authorize the Chair to execute these along with any other needed documents. The motion carried  should the investment and job creation amounts not be met or sustained.  unanimously.  The following resolution applies:  Resolution No. 2023-35  Resolution Authorizing Economic Development Incentives for Wanzl North America WHEREAS, Wanzl North America (herein referred to as "the Company") requested incentives to cause a minimum investment of $15,000,000 in the Company's Newton facility by December 31, 2025, and the creation and maintenance of a minimum of 10 new jobs by December 31, 2025, with a requirement to not hire anyone without a minimum of a high school diploma for anyone 25 years of age or below, and the total average wage of the jobs will equal or exceed $52,172 for each year the County pays the Company an Economic Development Incentive Grant. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Catawba County, The Board of Commissioners approves a performance based grant, based on the minimum investment of $15,000,000 and creation and maintenance of 10 new jobs by December 31, 2025, with a maximum annual payment of $31,880 (cumulative maximum incentive of $86,674). This grant will be used to reimburse the Company's expenditures as eligible under North Carolina General Statute 158-7.1. The Board of Commissioners also directs the County to execute a contract and any necessary resolutions or addenda between the Company and the County under these terms and conditions and authorizes the Chair to execute these documents.  North Carolina, as follows:  This the 6th day of November, 2023. The following agreement is approved: STATE OF NORTH CAROLINA COUNTY OF CATAWBA  CATAWBA COUNTY AND WANZL NORTH AMERICA ECONOMIC DEVELOPMENT AGREEMENT  This JOINT ECONOMIC DEVELOPMENT AGREEMENT ("Agreement) is made and entered into this day of November, 2023, by and between Catawba County ("County"), a North Carolina body politic, having a mailing address of Post Office Box 389, Newton, NC, 28658, and Technibilt, Ltd. dba Wanzl North America ("Wanz!" or "Company"), a North Carolina corporation qualified to do business in the State of North Carolina, having a mailing  address of 700 Technibilt Drive, Newton, NC 28658.  WITNESSETH:  WHEREAS, North Carolina General Statute ("NCGS") $158-7.1(a) authorizes County to make appropriations for the purpose of aiding and encouraging the location of business  627    enterprises and industrial and commercial businesses in or near its boundaries, and Wanzl is engaged in manufacturing wire products within the meaning of NCGS $158-7.1;and WHEREAS, Wanzl intends to construct, up-fit and/or equip existing manufacturing facilities (Improvements") at 700 Technibilt Drive, Newton, NC 28658 (Parcel ID # 364913149962) (the "Property"), at a cost of not less than Fifteen Million Dollars ($15,000,000) up to Sixteen Million Dollars ($16,000,000) and intends to create a minimum of ten (10). jobs at the facility, with the Improvements to be made and new jobs to be created between July 1, 2023 and December 31, WHEREAS, Wanzl expects to be a communiy-orented company and intends to participate in philanthropy, community events and programs intended to increase the health and happiness of their employees and the greater community as a whole and to consider participation in the Catawba EDC's corporate Committee of 100 501(c)(3) non-profit sponsorship; and WHEREAS, Wanzl is encouraged, to the reasonable extent possible, to purchase local services and supplies, such as, but not limited to, locally produced products, local hotel, motel and hospitality services, local building and construction services, and other products and NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties 1. On or before December 31, 2023, the Company shall deliver to County a certificate confirming that Wanzl owns or has the right to acquire the Property and that the installation oft the improvements by the Company will result in the creation, maintenance and availability of a minimum of ten (10) jobs to the facility in Newton ("Facility") on or before December 31, 2025 and that the overall average annual wage for these 10 jobs at the Facility will equal or exceed $52,172 for each year required under this Agreement. The Company affirms its understanding of, and agrees to comply with, the Calendar of Responsibilities as outlined in Exhibit A, attached hereto and incorporated herein by reference. Such certificate shall be substantially in the form of the certificate attached to this Agreement as Exhibit A. Wanzl understands and agrees the 10 new jobs referred to above means additional new jobs over and above the 309 existing jobs at Wanzl in Catawba County on June 1, 2023. 2. Ino order to induce County to enter into this Agreement and to appropriate and expend monies for payment of Economic Development Incentive Grants, the Company represents a. The Company is qualified to do business in the State of North Carolina, has a place of business within the State of North Carolina, and is in good standing and authorized to do b. The Company has the corporate power and authority to own or lease its properties and assets and to carry on its business as now being conducted and has the corporate power C. The undersigned representative of the Company has the right, authority and duty to d. This Agreement () is the valid and binding instrument and agreement of the Company, enforceable against the Company in accordance with its terms; (i) does not violate any order of any court or other agency of government binding on the Company, the charter documents or operating agreement of the Company or any provision of any indenture,  2025 (the Improvement Period"); and  services.  hereto agree as follows:  SECTIONI-WANZL  and warrants that, as of the execution date hereof: business in the State of North Carolina;  and authority to execute and perform this Agreement;  execute this Agreement ini the name and on behalf of the Company;  628    agreement or other instrument to which the Company is a party; and (ii) does not conflict with, result in al breach of, or constitute an event of default, or an event which, with notice or lapse of time, or both, would constitute an event of default, under any indenture, agreement e. There is no suit, claim, action or litigation pending, or to the knowledge of the Company threatened, relating to the Improvements, the use of the Improvements for their intended f. The Company is not engaged in a business that would be exempt from property taxes. 3. Wanzl shall make or cause to be made Improvements to the Property, as applicable, during the Improvement Period. Cumulative expenditures shall be inclusive of new. construction and/or property renovations, machinery, equipment, furniture, fixtures and computer equipment. Costs for the Improvements to the Property, made or caused to be made by the Company for capital equipment and trade fixtures used to assemble, manufacture, and process business-related goods and services will be not less than Fifteen Million Dollars ($15,000,000) up to Sixteen Million Dollars ($16,000,000) and be made by December 31, 2025, all of which will qualify and result in additional value for ad valorem tax purposes as determined by the Catawba County Tax Office. The Company agrees to maintain in place, in good condition ordinary wear and tear excepted, said Improvements at least through 4. Wanzl shall create a minimum of ten (10) new jobs at the Facility by December 31, 2025 and maintain these jobs as defined herein at least through December 31, 2030. A job is defined as employment that provides sixteen hundred (1600) hours or more of work in any 5. Inc order to induce the Company to enter into this Agreement and to appropriate and expend monies for payment of Economic Development Incentive Grants, County represents and warrants that, to the best of County's knowledge, as of the execution date hereof: a. County is a North Carolina body politic corporate in nature and existing under North b. County has the power and authority to carry on its business as now being conducted and c.The undersigned authorized representative of County has the right, authority and duty to d. This Agreement () is the valid and binding instrument and agreement of County, enforceable against County in accordance with its terms; (i) does not violate any order of any court or other agency of government binding on County, the charter documents of County or any provision of any indenture, agreement or other instrument to which County is a party; and (ii) does not conflict with, result in al breach of, or constitute an event of default, or an event which, with notice or lapse oft time, or both, would constitute an event of default, under any indenture, agreement or other instrument to which County is a party; and e. There is no suit, claim, action or litigation pending, or to the knowledge of County threatened, relating to the Improvements, the use of the Improvements for their intended 6. Payment of economic development incentives to' Wanzl for Real and Personal Property  or otheri instrument to which the Company is a party; purpose, or any other matter contained herein; and  December 31, 2030(Maintenance Period").  twelve (12) month period.  SECTION III- COUNTY  Carolina law;  has the power and authority to execute and perform this Agreement; execute this Agreement in the name and on behalf of County;  purpose, or any other matter contained herein.  629    Investments and for Job Creation in accordance with this Agreement shall be made as  follows:  a. In consideration of the Company's commitment to Investment and Job Creation, County agrees to provide annual payments (each an "Annual Incentive Payment") in an amount equal to Fifty percent (50%) of the ad valorem taxes associated with the additional assessed value of real and personal property made or caused to be made by the Company (exclusive of rolling stock) in excess of the assessed value of the Property as of January 1,2 2023, which is $21,566,598 ("Base Value"), as paid to the County for a three (3) year period (Grant Year (GY) 1 through GY3). Payments will commence with the taxes assessed on January 1, 2024 or 2025, depending on Wanzl's election as set forth in Section 6.d., and January 1 of the succeeding two (2) years for property Improvements made or caused to be made by the Company, as applicable, pursuant to Paragraph 3 with maximum payments as stated and illustrated in Paragraph 6.b. below. b. In no event will the cumulative Annual Incentive Payments by County exceed Eighty Six Thousand Six Hundred Seventy Four Dollars ($86,674) for the term of the Agreement as further described in the chart below.  Estimated Payment Period GY1 GY2 GY3 Total  Grant Percentage 50% 50% 50%  Maximum Payment By County by' Year  $22,914 $31,880 $31,880 $86,674  Said amounts shall be payable annually, subject to the Company being in compliance with all requirements of the Agreement, beginning in GY1 and d. No later than January 31, 2024, the Company will notify the County whether itwishes GY1 to be 2025 or 2026. If the Company does not make any such notification the default year for GY1 willl be 2026 based on taxes assessed on January 1, 2025. Upon payment of ad valorem taxes by the Company to the County for each grant year 2025 (or 2026) through 2027 (or 2028 by election) and certification of Improvements and Job Creation submitted by the Company to the County by March 5th beginning in the selected calendar year in the form or substantially in the form of Exhibit B, attached and incorporated herein by reference, the County will, within ninety (90) days, pay tot the Company an amount calculated by multiplying the corresponding grant percentages outlined in section 6.b. times the total ad valorem tax revenue received by the County attributable to the value of the Improvements made by the Company pursuant to this Agreement in excess of the Base Value of the Property, which the parties agree is $21,566,598. The Base Value will be deducted from the total assessed value of building and land in the determination of the value of net new Improvements made by the Company e. This same process will be followed by County and Company in the two (2) Company shall furnish to County on or before March 5th of each calendar year, following and corresponding to the previous July 1st when taxes are  payable through GY3.  in the calculation of economic development incentives. following years, after Wanzl selects GY1.  630    billed, the certification required by Paragraph 6.d. and proof of payment of all applicable taxes. If requested, Company shall provide County, at County's expense, independent certification as to such expenditures and number of  existing. jobs.  SECTION III-FORCE MAJEURE, EVENTS OF DEFAULT AND REMEDIES  7. Force Majeure. Notwithstanding the provisions of Paragraph 8, in the event Company is unable to meet the requirements of this Agreement as a result of () an event of force majeure, including but not limited to fires, explosions, acts of God, acts of public enemy, insurrections, riots, terrorism, embargoes, labor disputes, including strikes, lockouts and job actions, or boycotts; (i) the inability to obtain the governmental permits or approvals (including zoning) necessary for the acquisition of the Property, construction of the Improvements, or undertaking and operating the Improvements after a good faith effort to obtain same has been made; (ii) shortages of materials or energy; or (iv) changes in laws; then, in such event, the Improvement Period shall be extended for a period equal to the delay caused by any of the foregoing events sO long as Company shall (a) have furnished County on a timely basis, upon the occurrence of such event, a notice thereof, and (b) take all commercially reasonable steps necessary to relieve the effect of such event and to resume completion of the Improvements. In accord with the foregoing, should the Company be unable to meet the requirements as described above as a result of ai force majeure, the obligation of the County to pay as provided in Section II above, shall be suspended until such time as the Company is relieved from the effect of an event of force Its shall be an "Event of Default" by Company if any one or more of the following events shall occur for any reason whatsoever and whether such occurrence shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any. judgment, decree or order of any court or any order, rule or regulation of any administrative  majeure and resumes completion of the Improvements.  8.  org governmental body:  a. IfCompany, except in the event of force majeure, commits a breach of an obligation, including without limitation, the obligation to () make the Investment during the Improvement Period and maintain the Improvements during the Investment Maintenance Period and/or, (i) maintain a minimum of nine (9). jobs at the Property, which is ninety percent (90%) oft the proposed ten (10). jobs at the Property during the Jobs Maintenance Period and such breach continues for a period of sixty (60) or more days following receipt by the Company of written notice from the County; b. Ifduring the Jobs Maintenance Period, the Company fails to timely file Exhibit B onor before March 5th of each year, following and corresponding to the previous July 1st when taxes are billed and any qualifying incentive that would be due to the Company, such failure shall be deemed a breach of the Agreement and notwithstanding Paragraph 9 below, the sole remedy of the County will be that the County will not owe the Company Economic Development Incentive Grants that may have otherwise Ifany material representation, warranty or other statement of fact contained in this Agreement or in any final writing, certificate, report or statement furnished by Company to County in connection with the transaction described in this Agreement, shall, to Company's knowledge, to be false or misleading in any material respect at d. IfC Company shall be unable to pay its debts generally as they become due; files a petition to take advantage of any insolvency statute; makes an assignment for the benefit of creditors; commences a proceeding for the appointment of a receiver, trustee, liquidator or conservator of themselves or of the whole or any substantial part  been due had those filings properly been made when due;  the time given;  631    of their property; files a petition or answer seeking reorganization or arrangement of similar relief under the federal bankruptcy laws or any other applicable law or statute e. If a Court of competent jurisdiction shall enter an order, judgment, or decree appointing a custodian, receiver, trustee, liquidator, or conservator of Company or of the whole or any substantial part of their properties, or approves a petition filed against Company seeking reorganization or arrangement of similar relief under the federal bankruptcy laws or any other applicable law or statute; or if, under the provisions of any other law for the relief or aid of debtors, a court of competent jurisdiction shall assume custody or control of Company or of the whole or any IfWanzl shall allow the Improvements, employment and average wage amounts fall below the minimum values agreed upon in this Agreement for the Property.  of the United States of America or any state;  substantial part of their properties;  9.  County Remedy: If Company fails to cure an Event of Default for which it receives written notice, which written notice will not be given to the Company by the County for a failure to timely file Exhibit B, from County due to its failure to satisfy the Improvement requirement or Jobs Creation requirement, the obligation of County as set out herein shall terminate, and Company shall immediately refund to County all Annual Incentive Payments paid to Company prior to the date of the Event of Default, plus interest at the rate of prime plus one percent (1%). The date the prime interest rate shall be determined shall be the date that Company receives the notice of the Event of Default and prime will be the prime rate as published in the Wall Street Journal (WSJ). Company shall, as it relates to an Event of Default, have sixty (60) days after receipt of the notice required above, to cure the Event of Default. The remedies described in this Paragraph 9 shall be the County's sole remedies in connection with any Event of Default by Company. 10. Company Remedy: If County fails to cure a default for which it receives written notice from Company, the obligations of Company as set out herein shall terminate; however, the obligations of the County shall remain in full force and effect, including, the obligation to pay the Annual Incentive Payment. County shall, as it relates to an Event of Default, have sixty (60) days after  receipt of the notice required above, to cure the Event of Default.  SECTION IV- OTHER  11.  Company and County acknowledge that any monies appropriated and expended by County for economic development incentives, as provided in this Agreement, are for a bona fide public purpose and are expended in good faith reliance on NCGS $158-7.1. In the event a Court of competent jurisdiction rules to which either Company or County is a party, that all monies expended by County pursuant to this Agreement were not offered and accepted in good faith and ino compliance with NCGS $158-7.1 and, further, that such monies must be repaid, Company will make such repayment to County. In the event one or more lawsuits are brought against County or any County elected official, officer, agent or employee, or Company, challenging the legality of this Agreement, then County and Company shall exercise their best efforts to defend against any and all such lawsuits, at their own cost and expense. In any event, if Company is required to repay funds to County pursuant to this Paragraph 11, the benefit of this Agreement to Company will have been lost and all further obligations of Company hereunder shall terminate. 12. All notices, certificates or other communications required or permitted to be given or served hereunder shall be deemed given or served in accordance with the provisions oft this Agreement if the notice is () mailed in a sealed wrapper and is deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or (i) deposited with a national overnight courier  service that retains receipts fori its deliveries, properly addressed as follows:  County of Catawba:  Catawba County  632    Attn: Mary Furtado, County Manager PO Box 389 Newton, NC 28658 County Attorney Attn: Jodi Stewart, County Attorney PO Box 389 Newton, NC: 28658 Wanzl North America Inc. Attn: STREET ADDRESS CITY, STATE ZIP  Copy to:  Wanz!:  County or Company may, by notice given to the other, designate any further or different addresses to which notices, certificates, requests or other communications shall be sent. 13. This Agreement shall inure to the benefit of, and is binding upon, County and Company and their respective successors and assigns. However, neither this Agreement, nor any rights, privileges, nor claims created by this Agreement may be transferred by Company without the prior, written 14. Except as otherwise provided in this Agreement, this Agreement may not be amended, changed, 15. Ifany provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions of this 16. This Agreement may be executed in any number of counterparts, each of which when sO executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such fully-executed counterpart. 17. This Agreement is governed by and shall be construed in accordance with the laws oft the State of North Carolina; venue of any action shall be in the general courts ofj justice in Catawba County, or 18. The term of this Agreement shall commence on the date the agreement is made and entered into and expire upon the later of () payment by the County of all Economic Development Incentive Grant payments due to the Company or (i) expiration of the Maintenance Period, unless earlier 19. Both Company and County acknowledge and stipulate that this Agreement is the product of mutual negotiation and bargaining and thati it has been drafted by Counsel for both Company and County. As such, the doctrine of construction against the drafter shall have no application to this IN WITNESS WHEREOF the parties hereto have set their hands and seals as of the day and  approval of County, which approval will not be unreasonably withheld. modified or altered except by written agreement of the parties.  Agreement.  ifinF Federal court in the Western District of North Carolina.  terminated as provided herein (the "Term").  Agreement.  year first above written.  (Signatures on following pages)  County of Catawba, Al North Carolina Body Politic 633    Attest: (SEAL)  By:  (Seal)  C.F Randall Isenhower, Chair Catawba County Board of Commissioners  Dale R. Stiles, Clerk  STATE OF NORTH CAROLINA COUNTY OF CATAWBA  ,  a Notary Public of said county and state, certify that  Dale R. Stiles personally came before me this day and acknowledged that she is County Clerk to the Catawba County Board of Commissioners, a body politic corporate in nature, and that by authority duly given and as the act of the body politic the foregoing instrument was signed in its name by its Chair, sealed with its body politic seal, and attested by herself as County Clerk.  Witness my hand and seal this  day of  2023.  [Seal)  Notary Public  My commission expires: and Fiscal Control Act.  This document has been pre-audited in the manner required by the Local Government Budget  Catawba County Finance Director  Approved as to form on behalf of Catawba County only:  Jodi Stewart, County Attorney  Technibilt, Ltd. dba Wanzl North America  By:  (Seal)  XXXXXXXXXXX, Position  634    STATE OF. COUNTY OF 1, that  a Notary Public of said County and State, do certify  POSITION, personally appeared before me this day and acknowledged  on behalf of Technibilt, Ltd. dba Wanzl North America the voluntary due execution of the  foregoing document, all for the purposes therein expressed.  Witness my hand and seal this  day of  2023.  [Seall  Notary Public  My commission expires:  635    EXHIBITA A  Joint Economic Development. Agreement Between County of Catawba and' Wanzl North America  CERTIFICATE TO: Catawba County "Agreement"), dated  This Certificate is delivered pursuant to Paragraph 1 of the Joint Economic Development Agreement (the dba Wanzl North America ("Wanzl"). Any capitalized term not otherwise defined herein shall have the  between Catawba County ("County") and Technibilt, Ltd. do hereby certify, for and on behalf of Wanzi, that:  meaning assigned to such term in the Agreement.  (a) Wanzl owns the real property necessary for the Improvements; and  (b) Wanzl intends to create, maintain and make available a minimum of ten (10) new jobs (in addition to the existing 309 jobs as of June 1, 2023) prior to December 31, 2025, the overall average annual wage of which will equal or exceed $52,172, for each year that County pays Wanzl the  Economic Development Incentive Grants provided for herein; and (c)Wanzl agrees to comply with the Calendar of Responsibilities listed below.  Calendar of Responsibilities:  By January 5: Wanzl makes payment to County according to Tax Listing filed by January 31st of the By March 5: Wanzl must provide Exhibit B, supporting documents and proof of payment and/or By April 15: Wanzl must provide Real/Personal Property Tax listings to County Tax Office. By April 22: County Tax Office to provide Tax Listing on Specified Accounts.*  previous year unless extension is requested and approved for April 15th. Any extension  request must be filed by January 31st. compliance as required within Agreement.  *Note: This is not a company responsibility. Dated at Catawba County, North Carolina, this  day of Wanzl North America By: Name: Title:  2023.  636    November 6, 2023, MB#56  EXHIBITB CERTIFICATE  Joint Economic Development Agreement Between County of Catawba and' Wanzl North America  TO: Catawba County  This Certificate is delivered pursuant to the Joint Economic Development Agreement ('the "Agreement') America ("Wanzl"). Any capitalized term not otherwise defined herein shall have the meaning assigned to  dated  between Catawba County ("County") and Technibilt, Ltd. dba Wanzl North  such term in the Agreement. Wanzl does hereby certify that:  (a) The following improvements were made during the 20_ Calendar  Year: verify);  (b) The following jobs were created during the 20 Calendar Year:  (attach  most recent quarterly 3rd party payroll report, Form NCUI 101 or other payroll documentation to (c)The average wage oft the new. jobs created at the Newton facility during the 20_ Calendar Year is  as follows: (Wage Forms Total Payroll divided by number of new employees) (d) Total cumulative personal property valuation installed at the (e) Proof of taxes paid is attached to this certificate. Dated at Catawba County, North Carolina, this  facility during the 20_ -  Calendar Year  and  day of Wanzl North America By: Name: Title:  20_  Attachments (required):  Current Year Catawba County personal and real property Tax Listing information as reported to Catawba By January 5: Wanzl makes payment to County of ad valorem taxes according to Tax Listing filed by By March 5: Wanzl must provide this Exhibit B, supporting documents and proof of payment and/or By April 15: Wanzl must provide Real/Personal Property Tax listings to County Tax Office. By April 22: County Tax Office to provide Tax Listing on Specified Accounts.*  County Tax Office, most recent quarterly Form NCUI 101, Proof of taxes paid in full.  Calendar of Responsibilities:  January 31st of the previous year unless extension is requested and approved for April 15th.  Any extension request must bet filed by January 31st. compliance as required within Agreement.  *Note: This is not a company responsibility. Assessment Resolution for the Project.  b. Utilities and Engineering Director Peter Shonka requested the Board of Commissioners Conduct a public hearing to consider the Aspen Heights 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  637    November 6, 2023, MB#56  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 ofi 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 Aspen Heights Subdivision is located off Burris Road in the unincorporated part of Catawba County. The property owners of that portion of Aspen Heights Subdivision fronting on Aspen Court filed a petition for improving the streets with Utilities & Engineering. The portion of Aspen Heights Subdivision included in the petition consists of 11 lots. Property owners of ten of the 11 lots, representing more than 75 percent of the affected owners, signed the petition. These owners represent approximately 1,344.66 lineal feet of the The streets are approximately 27 years old and have been privately maintained. The road is in poor condition and needs repairs throughout. There is a cul-de-sac at the end of Aspen Court. The project consists of milling and overlaying 1.5 inches of asphalt pavement. Drainage structures, such as drop inlets and culverts that do not meet NCDOT specifications will be removed and replaced with NCDOT standard structures and pipes. The cost of this work is estimated to be between $40,000 and $50,000, or about $3,636 to $4,545 per lot. The final cost and per lot assessment remains unknown until the project is bid and The statutory process for special assessments requires the following steps take place prior to project 1) A Preliminary Assessment Resolution to be adopted by the Board of Commissioners, followed by a public hearing at a separate meeting. The Preliminary Assessment Resolution was adopted at the 3) At the public hearing the Board may choose to pass the Final Assessment Resolution, which will allow the project to be bid and constructed and the Final Assessment to be implemented. 4) The Board will make a determination of cost and order al Preliminary Assessment Roll be published. 6) At the end of this future public hearing, the Final Assessment Roll can be adopted, which will The alternative to adopting the Final Assessment Resolution is to take no action, and the roads will remain 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. Vice-Chair Allran made a motion to adopt the Final Assessment Resolution for Aspen Heights Subdivision Road Improvement Project. The motion  at least 75 percent of the road frontage to be improved through the assessment.  1,484.86 lineal fee (90.55%) oft total frontage to bei improved.  constructed. commencement:  October 16, 2023 regular meeting.  2) Conduct a public hearing, noticed for November 6, 2023.  After the project is complete:  5) Notice and conduct another public hearing. implement the special assessment.  privately maintained.  carried unanimously. The following resolution applies:  RESOLUTION No. 2023-36 Final Assessment Resolution AUTHORIZING Street Improvement Project for Aspen Heights Subdivision November 6, 2023 638    November 6, 2023, MB#56  WHEREAS, on the 15th of. June, 2023, the property owners oft that portion of Aspen Heights subdivision filed with the Catawba County Utilities and Engineering Department a petition for improving said street in the The road will be milled 1.5 inches and repaved with 1.5 inches of asphalt. Drainage structures, such as drop inlets and culverts that do not meet NCDOT specifications will be removed and replaced with 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 off frontage oft 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: 1. That Aspen Heights Subdivision be improved in the following manner:  following manner:  NCDOT: standard structures and pipes; and  streets hereinabove described; and  Commissioners and a public hearing thereon duly held;  The road will be milled 1.5 inches and repaved with 1.5 inches of asphalt. Drainage structures, such as drop inlets and culverts that do not meet NCDOT specifications will be removed and replaced 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 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 The property owners of that portion of Aspen Heights subdivision fronting on Aspen Court; 3. 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  with NCDOT standard structures and pipes; and  maintenance, and that said project is hereby directed to be undertaken;  approved by the Catawba County Board of Commissioners,  installments tol bear interest at the rate of 1.5% percent per annum.  Resolution.  Adopted the 6th day of November, 2023.  10. Consent Agenda.  County Manager Mary Furtado presented the following two 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. Sheriff Deputy Bentley "Pete" Lutz is retiring effective December 1, 2023. He has requested his badge and service weapon. In lieu of receiving these items at a Board of Commissioners meeting, he has asked  individual consideration. None was requested.  that the weapon and badge be presented at a later date.  639    November 6, 2023, MB#56  Accordingly, staff recommended the Board of Commissioners declare the badge and weapon surplus  effective November 6, 2023 pursuant to North Carolina Statute 17F-20. A copy of the Letter of Request and Applicable Statute are hereto attached:  640    November 6, 2023, MB#56  OUNTY HERIFF  BROWN OFFICE  CATAWBA COUNTY SHERIFF'S OFFICE SHERIFF DONALD G. BROWN II 100 GOVERNMENT DRIVE BUILDING E, POI Box: 385 NEWTON, NC 28658 (828)464-5241 FAX: (828)4658471  October 23,2023  Chair C. Randall Isenhower Catawba County Board of Commissioners Catawba County Government Center Newton, NC 28658 Dear Chair Isenhower:  Upon my retirement effective December 1, 2023, I ami requesting my service weapon and badge. This is] pursuant tol North Carolina Statute 20-187.2 ofv whicha a copy is enclosed. With the termination of purchase permits, Ihave also enclosed letter of authorization Ihavel been employed as al Deputy Sheriff for 29 years with Catawba County Sheriff's Office. Ihave enjoyed my tenure and have made many dear friends and acquaintances. Ihave enjoyed my years ofs service with the Sheriff's Office and would like tol have these  from Sheriff] Brown stating my eligibility to own a firearm.  items to commemorate my service with the department. Ithank you for your consideration of my request.  Sincerely, Bentley Lut2 bA5 Catawba County Sheriff's Office cc: Don! Brown, Sheriff Mary) Furtado, County Manager Enclosures: Copy of Statute SI7F-20    November 6, 2023, MB#56  N.C. Gen. Stat. $17F-20  Current through Session Laws 2023-122 ofthe: 2023 Regular Session oft the General Assembly, but does not reflect possible  future codification directives from the Revisor of Statutes pursuant to G.S. 164-10.  General, Statutes ofl North Carolina > Chapter 17F. Law Enforcement. (SS 17F-1--17F-21)  $17F-20. Badges and service side arms of deceased or retiring members of State, city,  and county law enforcement agencies; weapons ofactive members.  (a) Surviving spouses or, ifunsurvived bya as spouse, surviving children ofr members of North Carolina State, city, and county law enforçement agencies who arel killedi int the line of duty or are members ofthese agencies att the time of their deaths andi retiring members oft these agencies shall receive, uponi request anda ati no cost to them, the badge worn or carried by the deceased orI retiring member. Upon determining that aj person requesting: a service side: arm is not ineligible to own, possess, or receive: ai firearm under State orf federal law ort that the services side arml has been rendered incapable oft being fired, the governing body ofal law enforcement agency may, ini its discretion, also award toas surviving spouse or child ort toa ar retiring member, upon request, the services side arm oft the deçeased or retiring member atap price determined by the governing body. Ast usedi int this subsection, "governing! body" means the (I) For county and] locala alcohol beverage control officers, the county or local board ofa alcoholic beverage (2) Fora all other law enforcement officers withj jurisdiction limited to al municipality ort town, the city ort town (3) For all other law enforcement officers with countywide jurisdiction, the board of county commissioners. (b) Active members of North Carolina State, city, and county law enforcement agencies, upon change oftype of weapons, may purchase the weapon they wore or çarried priort tot the change ata aj price equal tot the average yieldt tot the (c) Forp purposes oft thiss section, certified probation and parole officers are considered members ofal North Carolina  following: control. counçil.  (4) For all State law enforcement officers, thel head oft the department. Staté, city, or county from the sale ofs similar weapons during the preceding: year.  State law enforcement agency.  History  1971,c. 669; 1973,c.1 1424; 1975,C.44; 1977,c.548; 1979,c.8 882; 1987,c.1 122; 2013-369.s 19; 2016-773.9 9tb: 2021-116.  .13:2023-654 Annotations Notes  Effect of Amendments.    November 6, 2023, MB#56  Page 2of2  N.C. Gen. Stat. $ 17F-20  Session, Laws 2013-369, S. 19, effective October 1,2013, substituted "determining that the person receiving the weapon is not ineligible to own, posses, or receive a firearm under the provisions of State or federal law, ori ifthe weapon has" for "securinga permit as required by G.S. 14-402 et seq. or 14-409.1 et seq., or without such permit provided the weapon shall haye" in  subsection (a).  Session Laws 2016-77,s.9 9(b), effective, July 1,2016, added subsection (c).  Session Laws 2021-116, S. 1.3, effective August 23, 2021, made minor stylistic changes in subsection (a); in subsection (b), substituted "State, city, and county law enforcement" for "State law-enforcement" andt the second occurrence of" "State, city, or Session) Laws 2023-46, S. 4, effective. June 6, 2023, rewrotes subsection (a); substituted "they wore or carried priort tot the change ata price equal to" for "wom or carried by such member at aj price which shall be" in subsection (b); and substituted "parole  county" for thes second occurrence of"State."  officers are" for* "parole officers shall be" ins subsection (c).  Opinion Notes  OPINIONS OF ATTORNEY GENERAL Badge tol Be Given to Officers Retiring on Disability. -  Subsection (a) oft thiss section requires law enforcement: agencies to give an offiçer retiring upon disability retirement, with less than 20 years creditable service or only with five years creditable service. the badge worn by the officer. See opinion of Attorney General tol Mr. Robert F.1 Thomas, Jr., Police Attomey, City ofCharlotte, 501 N.C. Op. Att'y Gen. 77(1981).  General Statutes ofN North Carolina Copyright 02023 Allr rightsr reserved. End dfDocument    November 6, 2023, MB#56  ACOUNTF SMERFP - BROWN4 OFFICE  CATAWBA COUNTY SHERIFF'S OFFICE 100 GOVERNMENT DRIVE BUILDING E, POE Box: 385 NEWTON, NC: 28658 (828) 464-5241 FAX: (828)4658471  SHERIFF DONALD  BROWN G.  II  October 23, 2023 Re: Service Weapon Request  I,I Donald G. Brown II, Sheriff of Catawba County, dol hereby certify that Ihave conducted: a criminal background check on Deputy Benttey/aroldlatz: and have received no information toi indicate thati it wouldl be: ay violation of state or federal law fort this deputy to receive his service weapon from Catawba  County Sheriff's Office. Sincerely,  -ppShow Donald G. Brown II Sheriff  Catawba County Sherifl's Office Newton, NC (828)464-5241 wecatiaslacounymegnw    November 6, 2023, MB#56  b. Staff recommended Catawba County Board of Commissioners amend the list of Map Review Officers by On July 17, 1997, the General Assembly ratified SB 875 - Maps and Plats Law. This law requires all counties to appoint Review Officers who would review each plat or map before it is recorded and certify that itr meets the statutory requirements for mapping. The law states that individuals have to be appointed by name, not by job title, sO that any time a change occurs in staffing, a new Review Officer has to be appointed and approved by resolution of the Board of Commissioners and subsequently recorded in the  adoption of a resolution.  Register of Deeds Office.  Town of Catawba is requesting Dustin Millsaps be added as a review officer.  With approval oft the resolution incorporating the changes noted above, the active list of Review Officers will  be: Catawba County: City of Hickory: City of Newton: City of Conover: City of Claremont: Town of Maiden: Town of Catawba: Town of Brookford: The following resolution applies:  Chris Timberlake, Madison Whisnant, Laurie LoCicero, Maggie Gaughan and Stephanie Watson, Heather Stephens, Madeleine Epley, Terry Lail and Erik  Frances Darnall Schlichting Bryce Carter Blake Wright, Lisa Johnson Marshall Eckard  Brian Frazier, Cal Overby, Mike Kirby Randy' Williams and Alex S. Fulbright  Town of Long View: Charles T. Mullis  John E. Wear, Teresa Kinney, Ashley Young and Dustin Millsaps  RESOLUTION #2023-37  APPOINTMENT OF MAP REVIEW OFFICERS  WHEREAS, S.L. 1997-309 (SB875) made a number of significant changes in the procedures for recording WHEREAS, the main purpose of the law was to transfer the responsibility for reviewing plats to determine whether they meet recording requirements from the Register of Deeds to al Review Officer; and WHEREAS, G.S. 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appoint a person or persons to serve as Review Officer to review each plat or map before it is recorded and WHEREAS, it is the desire of the Catawba County Board of Commissioners to insure an expeditious review of all maps and plats as required by G.S. 47-30.2 before they are presented to the Register of Deeds for WHEREAS, the Catawba County Board of Commissioners on September 5th adopted Resolution #2023-28 which included names of individuals who were appointed as Review Officers for representative jurisdictions WHEREAS, said Resolution was recorded in the Office of the Register of Deeds in Book 3830 Pages 209-  maps and plats; and  certify that it meets the statutory requirements for recording; and  recording; and  in Catawba County; and 210; and  643    November 6, 2023, MB#56  WHEREAS, staffing changes have occurred in the Town of Catawba which necessitate an amendment to NOW THEREFORE, BE IT RESOLVED, that Dustin Millsaps is hereby appointed to perform the responsibilities as required for Map Review Officer for the Town of Catawba as indicated in accordance with  the approved list of Map Review Officers. the appropriate General Statutes.  With the above change, the comprehensive list of Map Review Officers is as follows:  Catawba County: City of Hickory: City of Newton: City of Conover: City of Claremont: Town of Maiden: Town of Catawba:  Chris Timberlake and Madison Whisnant, Laure LoCicero, Maggie Gaughan and Stephanie Watson, Heather Stephens, Madeleine Epley, Terry Lail and Erik  Frances Darnall Schlichting Bryce Carter Blake Wright, Lisa Johnson  Brian Frazier, Cal Overby, Mike Kirby Randy' Williams and Alex S. Fulbright  Town ofLong View: Charles T. Mullis Town of Brookford: Marshall Eckard  John E. Wear, Teresa Kinney, Ashley Young and Dustin Millsaps  AND BE IT FURTHER RESOLVED that a copy of this Resolution designating the Review Officers be recorded in the Catawba County Register of Deed's Office and indexed in the names of the Review Officers. The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously.  Adopted this the 6th day of November 2023.  11. Other Items of Business. None. 12. Manager's Report. Budget Transfer. completed:  Pursuant to Board authority granted to the County Manager, the following budget transfers have been  Transfer Between Existing Capital Projects:  The Retreat Road Improvement - Transfer of Additional Project Funds  Transfer From: To:  415400113.468505-1990 Neighborhood Road Improvement Fund Reserve 413-6011088505-1707 The Retreat Road Improvement Retreat Road Improvement Project to account for final project costs.  $2,240 $2,240  Transfer from Neighborhood Road Improvement Fund Reserve project to the previously authorized The County Attorney Jodi Stewart requested the Board consider moving into Closed Session pursuant to North Carolina General Statutes 143-318.11(a) (3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged; and (4) to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered. Attorney Stewart did not anticipate any action  12. Attorney's Report.  upon return to open session.  644    November 6, 2023, MB#56  Commissioner Setzer made a motion to move into closed session for the stated reason. The motion carried 13. Adjournment. No further action was taken. Upon a motion by Commissioner Beatty which unanimously  unanimously. The Board entered into Closed Session at 7:23 p.m.  carried, the meeting was adjourned at 7:32 p.m.    Randy Isenhower, Chair Catawba County Board of Commissioners Dlh Dale R. Stiles County Clerk  645