September 5, 2023, MB#56 Regular Session, September 5, 2023, 7:00 p.m. Catawba County Board of Commissioners Appointments Awards CVCC Board of Trustees-Austin Allran 568 09/05/23 568 09/05/23 568 09/05/23 576 09/05/23 576 09/05/23 568 09/05/23 568 09/05/23 568 09/05/23 574 09/05/23 568 09/05/23 573 09/05/23 568 09/05/23 574 09/05/23 575 09/05/23 576 09/05/23 573 09/05/23 Government Finance Officers Association Certificate of Achievement for Excellence for Financial Reporting. NCACC. Achievement. Awards Recognition Finance NCDOT-Grant Compliance Human Resources Non-Discrimination Policy Presentations Government Finance Officers Association Certificate of Achievement for Excellence for Financial Reporting. NCACC. Achievement. Awards Recognition Planning & Parks Map Review Officer Designation Public Comment Kenyon Kelly-Monument Public Health Environmental Health Fees Update Public Hearings Resolutions Rezoning Request-Blackbum Solar, LLC/NextEra Energy, Inc. Rezoning Request-Blackburn Solar, LLC/NextEra Energy, Inc. Resolution Approving Southeastern Catawba County Water District' Water Shortage Resolution. Adopting Title VI Non-Discrimination Policy, Designating the Human Resources Director as the Title VI Coordinator and Authorizing the County Manager to Execute the Non-Discrimination Policy and to Implement Procedures Necessary To Address Complaints Concerning' Violations of the Same Response Plan Resolution Appointment of Map Review Officers Utilities and Engineering Southeastern Catawba County Water System, Water Shortage Response Plan The Catawba County Board of Commissioners met in Regular Session on Tuesday, September 5, 2023, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Robert C. Abernethy, Jr., Government Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer. 567 September 5, 2023, 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, and County Clerk 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present. Dale Stiles. 2. Commissioner Robert. Abernethy led the Pledge of Allegiance. 3. Commissioner Cole Setzer offered the invocation. 4. Commissioner Abernethy made a motion to approve the Minutes from the Board's Regular Meeting and Closed Session of August 21st, 2023. The motion carried unanimously. 5. Recognition of Special Guests: State Representative Andy Wells. 6. Public Comments. 7. Appointments. Chair Isenhower welcomed everyone present, including Senator Dean Proctor and former North Carolina Kenyon Kelley came forward requesting the monument on the grounds of the 1924 Courthouse be removed. Upon a recommendation by Chair senhower that came in the form of a motion which unanimously carried, the Board appointed Austin Allran to the CVCC Board of Trustees for a 1st term, to fulfill the unexpired term a. Commissioner Setzer presented the Government Finance Officers Association Certificate of Achievement for Excellence for Financial Reporting to Chief Financial Officer Mary Morrison and Internal Auditor Kenneth b. Chair Austin Allran presented the NCACC Achievement Award-Excellence in Innovation to Public Health Director Jennifer McCracken, Assistant Public Health Director Julie Byrd and Public Health staff. Planning and Parks Director Chris Timberlake requested the Board of Commissioners hold a public hearing too consider an application to rezone approximately 635 acres from R-40 Residential to R-80-CD Conditional The current R-40 Residential district requires a minimum lot size of 40,000 square feet (1.09 dwellings per acre) and is a low-density general use" district. Predominant uses in this district include single-family homes and agriculture. The R-80 Residential district requires a minimum lot size of 80,000 square feet (1.83 dwellings per acre) and is a low-density "general use" district. Predominant uses in this district include Conditional district zoning is based on a specific use such as the requested solar facility being proposed and af firm development proposal. The solar facility would be bound by a set of regulations specific to the request accompanied by a site plan. In this case, if approved, the specific zoning district would be R-80-CD The four properties considered for rezoning are located off FlIckory-Lincointon Highway just south of Blackburn Bridge Road, in the 321 Eco-Tech Development Plan, Jacob Fork Township and are further identified by Parcel Identification Numbers 3617-04-73-9646, 3617-04-61-5203, 3616-01-49-9954, and The parcels are zoned R-40 Residential. Blackburn Solar, LLC (subsidiary of NextEra Energy Resources, LLC) is proposing to rezone approximately 635 acres. In addition, the applicant intends to donate 125 acres along a portion of the South Fork River and the northern property line to Catawba Lands Conservancy. This of Vance Dalton, with at term expiration of June 30, 2025. 8. Presentations. Maynor. 9. Public Hearings. District specifically for a 325-acre utility-scale solar facility. single-family homes and agriculture in a more rural surrounding. (Conditional Zoning District). 3616-02-78-2925. 568 September 5, 2023, MB#56 donation may provide for future trail expansion of the Carolina Thread Trail. Adjacent parcels contain the zoning districts and uses described below. All parcels surrounding the property are zoned R-40 Residential. The density of the R-40 district provides for 1.09 dwellings per acre. There is a mixture of developed and undeveloped parcels around the subject parcels. The parcels surrounding the subject parcels are predominantly developed with residential uses. Various adjacent parcels are wooded or used for agricultural production. On April 18 2022, the Board of Commissioners did not approve a similar conditional rezoning request for a A portion of the area proposed for rezoning is located in the Floodplain Management-Ovenay (100-year special flood hazard area). The South Fork Catawba River is approximately the eastern property line for the project. Floodplain exists along the South Fork Catawba River and along two tributaries which traverse the project properties. In total, 119 acres of floodplain are located in the project. According to the site plan, the proposed solar array areas would be located outside oft the floodplain. The site plan and decommissioning plan address how the applicant will meet the solar facility standards found in Section 44-633 of the Unified Planning Director Chris Timberlake reviewed the list of standards contained within the Unified Development The applicant is proposing four types of vegetated buffers/screening along the project boundaries. These buffers will be within the proposed setbacks, between the project boundaries and the security fence around utility-scale solar facility. Development Ordinance as well as proposed requirements specific to the request. Ordinance. the solar array area. The details of the buffer types are as follows: Type 1 Buffer = Located at the northwest: and southwest perimeter, depicts a 30' planting area to contain six evergreen trees, one canopy tree, twelve evergreen shrubs every 100' with a wildflower meadow between 30' planting area and the security fence, approximately 70' wide. Type 2A - "Wildlife Corridor" located at the northern perimeter, 30' planting area to contain eight evergreen trees, one canopy tree, two understory trees, twelve shrubs, eighteen native grasses every 100' with a wildflower meadow between 30' planting area and the security fence, Type 2B - "Wildlife Corridor" located at the northern perimeter with a 40' planting area to contain eight evergreen trees, one canopy tree, three understory trees, twelve shrubs, twenty-eight native grasses every 100' with a wildflower meadow between 40' planting area and the security Type 3 = minimum width will be 25' wide but will be based on existing mature vegetation, approximately 70' wide. fence, approximately 60' wide. fourteen evergreen trees every 100'. One concern noted by neighboring residents during the April 18, 2022 meeting was the close proximity of the invertors to the single-family residences accessed from Blackburn Ridge Road near the northern perimeter of the project. The closest invertor on the 2022 site plan was located 360' from the northern property line and 204' from the southern property line. The site plan for the current request identifies the inverters to be located a minimum of 450' from the northern property boundary and 375' from the southern The proposed 200' front setbacks from Hickory Lincolnton Highway will provide an additional 5.14 acres of open space than the 2022 proposal. The open space for the project, including buffer areas and floodplain, is 150 acres. This calculation does not include lands to be dedicated to the Catawba Lands Conservancy. The area of land to be dedicated to the Conservancy is approximately 122 acres and contains floodplain and Another concern that was noted during the April 2022 meeting was stormwater runoff onto adjacent properties. The applicant is now proposing stormwater management devices along the northern property property boundary. upland habitat. The total open space is approximately 272 acres of the 635 acres. 569 September 5, 2023, MB#56 line. The site plan depicts a ditch with al berm near the fence line. This ditch will collect water sheet flowing inar northwesterly direction, and the berm, located downhill of the ditch, will keep overflow water in the ditch. The water will be channeled to another device, a level spreader, where it will pool. The water will then disperse from the level spreader onto the subject property to keep water from running onto adjacent property #5. The site plan also shows numerous "water bars" located throughout the project area. The intent of the water bars ist to collect faster, sheet flowing water in a swale to then be dispersed in a slower rate downhill. Although public water exists north of the site along Hickory-Lincointon Highway and Blackburn Bridge Road, the proposed use does not require water services. Neither public sewer nor private septic is necessary. Hickory-Lincolnton Highway is recognized as a minor thoroughfare in the 2040 Long Range Transportation Plan. In 2019, Average Annual Daily Traffic counts along Fickory--incointon Highway south of the site measured 950. Development of the property will consist of temporary construction traffic and will not overburden the existing roadway. The transportation plan does not recommend any roadway improvements The 321 Eco-Tech Development Plan serves as the recent land use plan for this area. Future Land Use Recommendations recommends low-density residential use for the properties identified in the request. In the future land use Classifications for the 321 Eco-Tech Development Plan, the residential - low density information noted Non-residential uses (excluding churches, schools and public facilities) should not be permitted." Agoal in the 321 Eco-Tech Plan for the Natural Resources and Open Space section (NG-3)i is to "collaborate with the Catawba Lands Conservancy on additional land preservation opportunities along the South Fork of the Catawba River." Another Plan Goal is NG-1 to "contact farmers in the study area who qualify for the Voluntary Agriculture District program to educate and encourage them to participate." In the narrative of the plan, undeveloped land in the southern portion of the plan area was specifically targeted for possible enrollment in the Voluntary Agriculture District program. Of the four properties in this project, one property is enrolled in the Voluntary Agriculture program (PIN 3616-02-7-2925) and two others participate int the Present Use Value program (PINS 3616-02-78-2925 and 3616-01-49-9954). Once the utility scale solar facility is constructed, these properties would be evaluated for compliance with the Voluntary This area is also within the Startown Small Area Plan (SAP). Map 5 of the SAP recommended the properties for low-density (1 dwelling per 2 acres) residential use. The Startown SAP recommends conservation easements along the South Fork River as a guiding principle concerning natural resources and open space. Under the topic of "Open Space," the Guiding Principles of the Startown SAP makes the following recommendations: "preserve open space, pastures and scenic views; support and encourage agricultural uses and protect natural resources." Loss of farmland and open space was listed as a key issue The request for a solar facility at this location is inconsistent with the adopted plan's residential use recommendations but consistent with the recommended lower-density development patterns in the plan and with recommendations around future passive recreation opportunities. In addition, the request is consistent with providing opportunity for Carolina Thread Trail along the South Fork River identified in Map 8, Transpotatonmut-moa recommendations within the 321 Eco-Tech Development Plan. Within the two plans governing this area, the proposed use is inconsistent with some goals and guiding principles of the plans and consistent with other goals and guiding principles. The use of a utility scale solar facility is inconsistent with residential uses and active agriculture uses recommended in the Startown SAP and 321 Eco Tech plan. The dedication of open space and conservation opportunities with the Catawba Lands Conservancy noted on the concept site are consistent with recommendations from Startown SAP and the 321 Eco-Tech regarding preservation of open space, conservation easements along creeks and rivers The Planning Board held a public hearing on July 31, 2023 to consider the application. The board heard comments from 10 citizens, 8 of whom were opposed to the proposed project. Citizen concerns included risk of solar array fires, release of toxins (metal) carried through run-off, erosion, detriment to wildlife, loss of farmland, inconsistency with adopted plans and negatively impacting scenic views. Additionally, some were for Hickory-Lincointon Highway. Agriculture District and Present Use Value program and may not qualify. within the Startown area. and passive recreation opportunities. 570 September 5, 2023, MB#56 concerned that potential transmission line routing would violate deed restrictions in place on existing Nick Tosco, attorney with Poyner Spruill, spoke on behalf of the applicant. He shared information relating to the 2022 application. Mr. Tosco shared his perspective that, since the Board of Commissioners' denial of the initial application, the applicant has improved the current proposal and addressed several of the concerns raised previously. Mr. Tosco shared his perspective on the benefits of the solar farm, including the donation of land to Catawba Land Conservancy, additional open space and significant tax revenue over the life of the solar facility. He gave examples of consistency with land use plans as perceived by the applicant, which included planting pollinator species, buffers to maintain scenic views from the outside of the parcel, preservation of open space and dedication of land. Mr. Tosco proffered that once the project is Chelsey Lucas of Nextera Energy, spoke about the company's reputation in the alternative energy industry and the company's efforts in recent years to establish relationships within the community. Heath Barefoot with Nextera Energy, addressed some of the comments made by citizens. Lucas Richards, a local land owner whose property is part of the request, stated land could revert to farm use in the future and there could be potential for crop growth between the solar arrays. Matt Jernigan, Wells Fargo representative, spoke to the alternative energy production matching the energy use of the company and commented on the Questions and concerns discussed by some board members included lack of trust in a performance bond required for the life of a solar facility, whether the location of the transmission line connecting to a future Staff recommended and the Planning Board voted 4 = 2 to submit an unfavorable recommendation the Board of Commissioners for the request to conditionally rezone of 635 acres from R-40 Residential to R-80- CD Conditional District subject to the conditions listed and llustrated on the conceptual site plan based 1) The use is inconsistent with the Guiding Principles of the Startown SAP concerning open space, which are (1) preserve open space, pastures and scenic views; (2) support and encourage 2) The project would convert active farmland to a non-farm use; loss of farmland and open space was 3) The use is inconsistent with the description for low-density residential land use classification in the 321 Eco-Tech Development Plan where "non-residential uses excluding churches, schools and 4) The use is inconsistent with residential use recommendations of both the Startown SAP and the 321 After Mr. Timberlake's presentation, Chair Isenhower asked if the proposed revision to the solar installation layout would prevent the flow of stormwater runoff toward the South Fork River; Chris Timberlake clarified the layout would not prevent the flow completely toward the river but would instead slow the water sO it Chair Isenhower opened the public hearing. Nick Tosco, Attorney for the applicant, and Chelsey Lucas, NextEra Energy Resources representative, presented information to the Board in favor of the rezoning Christian David Moe, Matt Jernigan, Andy Wells and Carol Elliott came forward and spoke in favor of the rezoning request, stating alternatives to this project could include housing developments causing increased Michele Proctor, Tyler Lutz, Paul Gadd, Mary Jane Simpson, Paula Love, Dan Blackwell, Rudolph Hassenesteine and Scott Beckman came forward in opposition of the rezoning request. Concerns included property (east side of South Fork River) held by Catawba Land Conservancy. decommissioned, land could return to agricultural use. economic benefit to the local community. offsite substation has been determined, and the lack ofl land use consistency. upon: agricultural uses and (3) protect natural resources; al key issue for the Startown SAP Committee; public facilities, should not be permitted"; and Eco-Tech Development Plan for this area. flowed at a different rate. request. There were no questions from the Board. traffic, chicken houses, and other forms ofr more intensive development. 571 September 5, 2023, MB#56 environmental impacts, loss of farmland, stormwater runoff along the South Fork River, concerns with the developer, and the uncertainty surrounding site reclamation at the end oft thei installation's useful life. After calling for additional speakers and having none come forward, Chair Isenhower closed the public The Board discussed the concerns laid out by the Planning Board. Chair Isenhower stated the Board has considered all public comments for and against the rezoning, as well as emails received, various packets of information, photos and studies provided to the Board and a five-page petition of signatures in opposition of Commissioner Setzer made a motion to deny the rezoning request for the reasons discussed by the Board and to adopt the consistency and reasonableness statement recommended by staff, adopted by the Planning Board, and reflective of the deliberations of the Board of Commissioners. The motion to deny such rezoning by adoption of the consistency and reasonableness statement carried unanimously. hearing. the rezoning. The following consistency statement applies: CATAWBA COUNTY BOARD OF COMMISIONERS PROPOSED PLAN CONSISTENCY AND REASONABLENESS STATEMENT Zoning Amendment Request: Four parcels totaling 635 acres from R-40 Residential to R-80-Conditional District (R-80-CD) (RZ2022-04) to allow for a utility-scale solar facility. The properties are identified by Parcel Identification Numbers 3617-04-73-9646, 3617-04-61-5203, 3616-01-49-9954, and 3616-02-78-2925 The Catawba County Board of Commissioners finds the request inconsistent with the 321 Eco-Tech Development Plan, Map 6, Future Land Use Recommendations, recommending low-density residential use for the properties identified in the request. The request is also inconsistent with the Startown Small Area Plan, which also recommended the properties for low-density residential use and inconsistent with the Guiding Principles of the Startown SAP concerning agriculture uses. The request is consistent with the Startown Small Area Plan's recommendation for conservation of land along the South Fork River and the 321 Eco-Tech Development Plan's recommendation for providing opportunity for Carolina Thread Trail location, but remains inconsistent with the overall land use recommendations for low-density residential. Pursuant to NCGS S 160D-605, the Board of Commissioners finds the use of a utility-scale solar facility at 1) The use is inconsistent with the Guiding Principles of the Startown SAP concerning open space, which are (1) preserve open space, pastures and scenic views; (2) support and encourage 2) The project would convert active farmland to a non-farm use and loss of farmland and open space 3) The use is inconsistent with the description for low-density residential land use classification in the 321 Eco-Tech Development Plan where "non-residential uses excluding churches, schools and 4) The use is inconsistent with residential use recommendations of both the Startown SAP and the 321 recognized in the 321 Eco-Tech Development Plan and Startown Small Area Plan. this location to be an unreasonable request due to: agricultural uses and (3) protect natural resources; was al key issue fort the Startown SAP Committee; public facilities, should not be permitted"; and Eco-Tech Development Plani for this area. By a vote of 5-0 the Board denies the rezoning request. This the 5th day of September, 2023. 10. Consent Agenda. County Manager Mary Furtado presented the following four items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the consent agenda for individual consideration. None was requested. 572 September 5, 2023, MB#56 a. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve an update to the Environmental Health Fee Schedule to reduce fees, meeting the standards set forth by Session Law 2023-90, which amends language in the North Carolina General Statutes regarding the amount In 2016 the North Carolina General Assembly ratified a session law that created the first private septic system permitting option for the citizens of North Carolina. Prior to this law, only Environmental Health Departments could evaluate soil and issue septic permits. This session law created rules for licensed soil scientists to evaluate soil and professional engineers to design septic systems. Since this time, private option permitting has seen many revisions and process changes. On July 10, 2023 Session Law 2023-90 (H628) decreased the amount Local Health Departments can charge for Private Option Septic Permitting. In exchange for lowering fees, Environmental Health will in turn have less responsibility in reviewing private No fee changes are being requested for county-evaluated, county permitted septic systems. Local Health Departments can charge for Environmental Health services. option submittals. Session Law 2023-90 (H628) states that for Private Option Improvement Permits (IP) the Health Department can charge up to 100% of normal fees; for Private Option Authorization to Construct (AC) up to 40% of normal county fees; and if the Private Option Improvement Permit and Authorization to Construct are submitted together, the fees allowed are up to 40% of the normal fee. Lastly, the session law changes the fee allowed to be charged for Engineered Option Permits (EOP) and Authorized Onsite Wastewater Evaluator (AOWE) to a maximum of $35. The following outlines requested changes Private Permitting Options: Private Option Rermits = Septic Systems Current Fees $150 $150 $150 $300 $500 $750 $300 $450 $650 $900 $90 $135 $195 $270 New Fees $150 $60 $60 $120 $200 $300 $120 $180 $260 $360 $35 $35 $35 $35 a2 Improvement Permit a2 Authorization to Construct Septic Tank Only Any system 360 gpd and less Any system 361-600 gpd Any system 601-1,000 gpd Any system 1,001 gpd and above a2 Improvement Permit + a2 Authorization to Construct (applied for at the same time) Any system 360 gpd and less Any system 361-600 gpd Any system 601-1,000 gpd Any system 1,001 gpd and above Engineered Option Permit/ Authorized Onsite Wastewater Evaluator Any system 360 gpd and less Any system 361-600 gpd Any system 601-1,000 gpd Any system 1,001 gpd and above b. The Policy and Public Works Subcommittee recommended the Board of Commissioners approve the attached Resolution for the Southeastern Catawba County (SECC) Water System (PWS 20-18-004) Water North Carolina General Statute 143-355(I) requires each local government that provides public water services, either individually or together with other such units of local government, to submit a Water Shortage Response Plan. 573 September 5, 2023, MB#56 Shortage Response Plan. Catawba County contracts with the City of Hickory for operations, maintenance and management (OM&M) for the Southeastern Catawba County Water System. Therefore, County and City developed the attached Water Shortage Response Plan in accordance with the provision of NCGS. This plan will provide appropriate guidance for the future management of water supplies for the SECC Water System, as well as useful information to the North Carolina Department of Environmental Quality (NCDEQ) for the development of a state water supply plan as required by statute. This plan mirrors the City of The Resolution, once approved, will be submitted to NCDEQ, Water Supply Planning Branch, as required. Hickory's Water Shortage Response Plan. The following resolution applies: RESOLUTION 2023-27 (PWS 20-18-004) WATER SHORTAGE RESPONSE PLAN APPROVING SOUTHEASTERN CATAWBA COUNTY WATER DISTRICT WHEREAS, North Carolina General Statute 143-355 () requires each unit of local government that provides public water service and each large community water system to develop and implement water conservation measures to respond to drought or other water shortage conditions as set out in a Water Shortage WHEREAS, as required by the statute and in the interests of sound local planning, a Water Shortage Response Plan for Catawba County, has been developed and submitted to the County Commissioners for WHEREAS, the County Commissioners find that the Water Shortage Response Plan is in accordance with the provisions of North Carolina General Statute 143-355 (1) and that it will provide appropriate guidance for the future management of water supplies for Catawba County, as well as useful information to the Department of Environment and Natural Resources for the development of a state water supply plan as NOW, THEREFORE, BE IT RESOLVED by the County Commissioners of Catawba County that the Water Shortage Response Plan entitled, Water Shortage Management Implementation Plan, is hereby approved and shall be submitted to the Department of Environment and Natural Resources, Division of Water BE IT FURTHER RESOLVED that the County Commissioners intend that this plan shall be revised to reflect changes in relevant data and projections at least once every five years, in accordance with the statute and Response Plan and submitted to the Department for review and approval; and approval; and required by statute; Resources; and sound planning practice. This the 5th day of September, 2023. c.Staff recommended the Board of Commissioners amend the list of Map Review Officers by adoption of a North Carolina General Statutes require all counties to appoint Review Officers to review each plat or map before it is recorded and certify it meets the statutory requirements for mapping. The law states that individuals have to be appointed by name, not by job title. 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 The City of Hickory is requesting removal of Brian Burgess and the addition of Mike Kirby as a review officer. Catawba County is requesting the addition of Maggie Gaughan and Frances Darnall. The Town of Catawba is requesting that Scott Berson be removed and Ashley Kale's name be changed to Ashley Young. The City of Claremont is requesting Dustin Millsaps be removed and Bryce Carter be added as a review officer. resolution. subsequently recorded in the Register of Deeds Office. 574 September 5, 2023, MB#56 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 ofLong View: Charles T. Mullis John E. Wear, Teresa Kinney and Ashley Young RESOLUTION #2 2023-28 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 iti is recorded and WHEREAS, iti 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 June 5th, 2023 adopted Resolution #2023-19 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 3813 Pages 1374- WHEREAS, staffing changes have occurred in the City of Hickory, Catawba County, the City of Claremont and the Town of Catawba which necessitate an amendment to the approved list of Map Review Officers. NOW THEREFORE, BE IT RESOLVED, that Mike Kirby is hereby appointed to perform the responsibilities as required for Map Review Officer for the City of Hickory, Maggie Gaughan and Frances Darnall are hereby appointed to perform the responsibilities as required for Map Review Officer for Catawba County and Bryce Carter is hereby appointed to perform the responsibilities as required for Map Review Officer for the Town of FURTHER BE IT RESOLVED, that Brian Burgess is hereby removed from the list of appointed Review Officers for City of Hickory, Dustin Millsaps is hereby removed from the list of appointed Review Officers for City of Claremont and Scott Berson is hereby removed and Ashley Kale's name be changed to reflect maps and plats; and certify that it meets the statutory requirements for recording; and recording; and in Catawba County; and 1375; and Claremont, as indicated in accordance with the appropriate General Statutes. Ashley Young on the list of appointed Review Officers for Town of Catawba. With the above change, the comprehensive list of Map Review Officers is as follows: 575 September 5, 2023, MB#56 Catawba County: City of Hickory: City of Newton: City of Conover: City of Claremont: Town of Maiden: Town of Catawba: Town of Brookford: 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 and Lisa Johnson John E. Wear, Teresa Kinney and Ashley Young Marshall Eckard Brian Frazier, Cal Overby and Mike Kirby Randy Williams and Alex S. Fulbright Town of Long' View: Charles T. Mullis 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. d. Staff recommended the Board of Commissioners approve a resolution adopting a Non-Discrimination Catawba County provides various services that utilize Federal and/or State funding, or a combination thereof, such as: ARPA, Home and Community Care Block Grants, and Federal Transit Authority funding. State and Federal regulations, as well as compliance and reporting requirements for many grants and other funding sources, require the County to adopt a Non-Discrimination policy consistent with these State and Alternatives to adoption of the policy would include eliminating a broad array of funding sources from Adopted this the 5th day of September, 2023. Policy, which is required for compliance with federal and state grant requirements. Federal protections. Federal and State revenue streams. The following resolution applies: RESOLUTION No. 2023-29 RESOLUTION ADOPTING TITLE VI NON-DISCRMINATION POLICY, DESIGNATING THE HUMAN RESOURCES DIRECTOR AS THE TITLEVI COORDINATOR AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE THE NON-DISCRMINATION POLICY AND TO IMPLEMENT PROCEDURES NECESSARY TO ADDRESS COMPLAINTS CONCERNING VIOLATIONS OF THE SAME WHEREAS, Catawba County provides various services for the health, welfare and benefit oft the citizens and residents of Catawba County that utilize Federal and/or State funding, or a combination thereof; and WHEREAS, It is the policy of Catawba County to ensure that no person shall, on the ground of race; religion; creed; color; limited English proficiency; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; low-income status or any class protected by local, state, or federal law, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity administered by the NOW, THEREFORE BE IT RESOLVED by the Catawba County Board of Commissioners that: County. 1. The attached Non-Discrimination Policy is hereby adopted. 2. The Human Resources Director or their designee is hereby designated as the Title VI Coordinator for Catawba County. 576 September 5, 2023, MB#56 3. The County Manager is hereby authorized to execute the Non-Discrimination Policy and any necessary documents or certifications, and to implement any Procedures necessary to address complaints concerning violations of the same. Adopted the 5lh day of September, 2023. The following policy applies: Catawba County Non-Discrimination Policy Effective Date: September 5, 2023 Maintained by: Human Resources Department Notice: In accordance with the requirements of The Fair Housing Act, The Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101 et seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. SS 2000d et seq.), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. SS 3601 et seq.), and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. SS 12101 et seq.), Catawba County does not discriminate against individuals on the basis of race; religion; creed; color; limited English proficiency; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; low-income status or any class protected by local, state, or federal law, within its services, Itis the policy of Catawba County to ensure that no person shall, on the ground of race; religion; creed; color; limited English proficiency; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; low-income status or any class protected by local, state, or federal law, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity administered by the County. The following practices in the administration of County services, programs, or activities are prohibited: 1. Denying to a person any service, financial aid, or other program benefit without good cause; 2. Providing to a person any service, financial aid, or another benefit which is different in quantity or quality, ori is provided in a different manner, from that provided to others under the program; 3. Subjecting a person to segregation or separate treatment in any matter related to the receipt of any 4. Restricting a person in the enjoyment of any advantages, privileges, or other benefits enjoyed by others 5. Treating a person differently from others in determining whether that person satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which persons must meet to be provided any service, financial aid, or other benefit provided under the service, program, or activity; 6. Implementing different standards, criteria, or other requirements for admission, enrollment, or participation in planning, advisory, contractual, or other integral activities to the program or service; 7. Adopting methods of administration which, directly or through contractual relationships, would defeat or 8. Selecting a site or location of facilities with the purpose or effect of excluding persons from, denying them the benefits of, subjecting them to discrimination, or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of Title' VI or related acts and regulations; 9. Discriminating against any person, either directly or through a contractual agreement, in any employment resulting from the program, a primary objective of which is to provide employment; and 10. Committing acts of intimidation or retaliation, including threatening, coercing, or discriminating against anyi individual for the purpose of interfering with any right or privilege secured by any pertinent programs, or activities. Nondiscrimination Policy Statement Discriminatory Practices Prohibited service, financial aid, or other benefit under the program; receiving any service, financial aid, or other benefit under the program; substantially impair the accomplishment of effective nondiscrimination; 577 September 5, 2023, MB#56 nondiscrimination law, or because an individual made a complaint, testified, assisted, or participated in 1. The County shall cooperate in any enforcement or compliance review activities by any authority having jurisdiction over reported discrimination. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The County shall comply with information requests, on-site compliance reviews, and reporting requirements. 2. The County shall maintain a complaint log and inform the authority having jurisdiction of any complaints of discrimination on the grounds of race; religion; creed; color; limited English proficiency; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; low-income status or any protected class covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and shall provide, upon request, al list of all such reviews or proceedings based on the complaint, whether pending or completed, including the outcome. The County shall inform the authority having jurisdiction ifith has received no complaints under Title VI. 3. Any person who believes they have been aggrieved by a discriminatory practice under Title VI has a right to file ai formal complaint with the authority having jurisdiction.. Any such complaint must be in writing and filed with the authority having jurisdiction's Title VI Coordinator within one hundred eighty 4. Any person who believes that because of that person's race; religion; creed; color; limited English proficiency; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; low-income status or inclusion in any other class protected by local, state, or federal law, that he/she/they have been discriminated against or unfairly treated by the County in violation of this policy should contact the following office within 180 days from an investigation, proceeding, or hearing. Reporting & Enforcement (180) days following the date of the alleged discriminatory occurrence. the date of the alleged discriminatory occurrence: Catawba County Human Resources Director (828) 465-8253 P.O. Box 389 25 Government Drive Newton, NC 28658 To assure that appropriate program measures are implemented and monitored, I have designated the individual listed above, as Catawba County's Title VI Coordinator. As an expression of my commitment to and support oft the County's Title VI Nondiscrimination Program, below is my signature as the Manager of Catawba County. Mary Furtado, County Manager 11. Other Items of Business. None. 12. Manager's Report. Date The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously. County Manager Mary Furtado reported the following item to the Board: The classification of DCI Specialist has been added to the County's classification plan at a pay grade 69. Employees in this classification work in the Sheriff's Office and are certified through the Division of Criminal Information and must maintain and renew this certification every two years. DCI Specialists provide information from the DCI system to Officers to aide in searches, seizures and arrests as well as issue protection orders, amber/silver alerts and process Writs from court cases. Additionally, these employees will be on-call to provide this information after regular office hours. 12. Attorney's Report. None. 578 September 5, 2023, MB#56 13. Adjournment. No further action was taken. Upon a-motion by Commissioner Barbara Beatty which unanimously carried, the meeting was adjourned at 9;02p o.ym. CDaba Randy Isenhower, Chair Catawba County Board of Commissioners DN Dale R. Stiles County Clerk 579