August 7, 2023, MB#56  Regular Session, August 7, 2023, 7:00 p.m. Catawba County Board of Commissioners  Appointments  507 08/07/23  Catawba Valley Medical Center Board of Trustees-Debra Bechtel NCACC Annual Conference Delegate- Commissioner Robert Abernethy NCACC Annual Conference Alternate - Commissioner Cole Setzer  Public Health Board - Dr. Eugene Modlin  Emergency Services Catawba Fire Loan Modification  520 08/07/23 523 08/07/23 509 08/07/23 520 08/07/23 517 08/07/23 521 08/07/23  Pyrotechnics Permit Application-Town of Catawba  Finance  ARPA Grant Ordinance Revisions, ARPA Earned Revenue Policy, and Maiden  ARPA Agreement Catawba Fire Loan Modification Human Resources Legal  Opioid Program Coordinator Position Request  First Amendment to Memorandum of UnderstandingCatawDa Fire  Loan Modification  Ordinances  Grant Project Ordinance for Catawba County American Rescue Plan of 2021 Grant Project Ordinance for Catawba County Opioid Settlement Funding  Coronavirus State and Local Fiscal Recovery Funds (Ordinance 2023-05) 515 08/07/23  (Ordinance 2023-06)  519 08/07/23 517 08/07/23 507 08/07/23 507 08/07/23 507 08/07/23 507 08/07/23 507 08/07/23 508 08/07/23 512 08/07/23 519 08/07/23 507 08/07/23  Opioid Opioid Program Coordinator Position Request Presentations Walter Stine Isenhower Proclamation Proclamations Walter Stine Isenhower Proclamation Public Comment Michael McRee-Monument Linda Greenwell-Tax Revaluation Public Hearings 5310 Rural Transportation Grant Application Resolutions  5310 Public Transportation Program Resolution FY: 2025 (Resolution 2023-23) Resolution Adopting Policy for Program Income Related to ARPA Resolution by Catawba County to Direct the Expenditure of Opioid Settlement  (Resolution 2023-24) Funds (Resolution 2023-25)  Social Services  5310 Rural Transportation Grant Application  506    August t7,2023, MB#56  Utilities and Engineering  Construction Bid Award for StoneCroft and The Retreat Subdivision Road  522 08/07/23  The Catawba County Board of Commissioners met in Regular Session on Monday, August 7, 2023, at 7:00 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 Robert C. Also present were Assistant County Manager Paul Murray, Assistant County Manager Justin Merritt, County Attorney Jodi Stewart, Assistant County Attorney Josh Teague, and County Clerk Dale Stiles. 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Center, 100 Government Drive, Newton, North Carolina. Abernethy, Jr., Barbara G. Beatty, and Cole Setzer. County Manager Mary S. Furtado was not present.  2. Commissioner Cole Setzer, led the Pledge of Allegiance. 3. Commissioner Robert. Abernethy offered the invocation.  4. Commissioner Abernethy made a motion to approve the Minutes from the Board's Regular Meeting and Closed Session of July 17th, 2023. The motion carried unanimously.  5. Recognition of Special Guests: Chair Isenhower welcomed everyone present. 6. Public Comments.  Michael McRee came forward requesting the monument on the grounds of the 1924 Courthouse not be removed. Linda Greenwell came and commended the Board and staff on the diligent work done the tax revaluation. Ms. Greenwell also presented a letter of thanks to the Board. Upon a recommendation by Chair Isenhower that came in the form of a motion which unanimously carried, the Board appointed Commissioner Abernethy as voting delegate and Commissioner Setzer as alternate to the NCACC Annual Conference scheduled August 24-26, Upon a recommendation by Chair Isenhower that came in the form of a motion which unanimously carried, the Board appointed Debra Bechtel to the Catawba Valley Medical Center Board of Trustees to fill the unexpired term of Chris Baltz, with a term expiration of December 31, Upon the recommendation of Vice-Chair Allran that came in the form of a motion which unanimously carried, the Board appointed Dr. Eugene Modlin to the Public Health Board for a 1st Vice-Chair Allran presented Chair Isenhower with a Proclamation honoring Walter Stine Social Services Adult Services Program Manager Heather Ball requested the Board of Commissioners hold a public hearing and approve a resolution for the submission of a $250,000 grant application for the enhanced mobility of seniors and individuals with disabilities (Federal  7. Appointments.  2023. 2026.  term, with a term expiration of. June 30, 2026.  8. Presentations. Isenhower. 9. Public Hearings.  Section 5310) to the NC Department of Transportation.  507    August 7, 2023, MB#56  The goal of the Section 5310 program is to improve mobility for seniors and individuals with disabilities by removing barriers to transportation services. Catawba County has received 5310 The 5310 program requires submission of two separate grants, one for trips originating in urban areas and one for trips originating in rural areas. The grant application for trips originating in rural Ifa awarded, Catawba County will continue to contract with Western Piedmont Regional Transportation Authority (WPRTA aka Greenway) to provide transportation funded by Section 5310. The transportation funds typically allow seniors and individuals with disabilities to attend Congregate Nutrition Programs (Seniors Morning Out) and have access to essential shopping, pharmacies, banking, medical appointments and other services. Additionally, as funds allow, transportation is provided for individuals to access educational and employment opportunities, volunteer activities, senior centers, and Adult Day Care/Day Health programs when no other With Seniors Morning Out sites back at full capacity following COVID-19, Catawba County is once again requesting a total of $250,000 for transportation originating in rural areas in FY. July 1, Itis anticipated approximately 10,000 one-way trips will be provided to an estimated 60-115 individuals for the period of the grant (July 1, 2024-June 30, 2025). Many of our seniors will utilize transportation for multiple purposes, and a large percentage of the target population will utilize transportation daily. Providing transportation will continue to allow older adults the Ifthe Federal 5310 Grant funding is not available, the Catawba County Senior Nutrition Program would not be able to transport seniors to Congregate Meal Sites (Seniors Morning Out), which provide a lunch meal Monday through Thursday, along with health and wellness activities, education, and fellowship. Additionally, transportation for seniors or adults with disabilities for other essential activities would not be available. Last year, of the seniors who attended Seniors Morning Out, over 38% relied on the transportation this grant provided to get to and from the site locations. In addition, 29% of seniors who attend Seniors Morning Out are living at or below the Federal poverty level, and 44% currently live alone. Last year, approximately 359 seniors Catawba County Social Services does not currently have an alternative way to keep the Seniors After Mrs. Ball's presentation, Mrs. Ball confirmed there is a 10% match made by the County. Chair senhower opened the public hearing. No one came forward and the Chair closed the public hearing. Commissioner Setzer made a motion to approve a resolution for the submission of a $250,000 grant application for the enhanced mobility of seniors and individuals with disabilities (Federal Section 5310) to the NC Department of Transportation. The motion carried unanimously.  Grant funds since FY2013.  areas is submitted to the Department of Transportation annually.  transportation is available. 2024-June 30, 2025.  opportunity and the choice to remain active and involved in the community.  participated in the program, and 27,067 meals were served. Morning Out programs active without the Federal 5310 Grant funding.  The following resolution applies:  PUBLIC TRANSPORTATION PROGRAM RESOLUTION  FY2025 RESOLUTION or combination thereof.  Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding,  508    August 7, 2023, MB#56  Applicant seeking permission to apply for Public Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary AI motion was made by Commissioner Cole Setzer for the adoption of the following resolution, WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural, small urban, and urban public transportation services consistent with the policy requirements of each funding source for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds WHEREAS, non-Community Transportation applicants may apply for funding for "purchase-of- service" projects under the Capital Purchase of Service budget, Section 5310 program. WHEREAS, Catawba County Department of Social Services hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project(s), prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the WHEREAS, the applicant has or will provide all annual certifications and assurances to the State NOW, THEREFORE, be it resolved that Director of Social Services of Catawba County is hereby authorized to submit grant application (s) for federal and state funding in response to NCDOT's calls for projects, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural, small urban, and urban public transportation  assurances and the required local match. and upon being put to a vote was duly adopted.  business enterprise program, and fully allocated costs analysis); and and will have different percentages of federal, state, and local funds.  provisions of Section 1001 of Title 18, U.S.C. of North Carolina required fort the project;  services.  This the 7th day of August, 2023. 10. Consent Agenda.  Assistant County Manager Paul Murray presented the following five items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the a. The Finance and Personnel Subcommittee requested the Board of Commissioners: 1. Adopt proposed revisions to the American Rescue Plan Act Project grant ordinance and associated budget amendments. For Fiscal Year 2022/23, appropriate $720,951 in ARPA funds for hiring above pre-pandemic levels; and close four existing projects (EMS  consent agenda fori individual consideration. None was requested.  509    August 7, 2023, MB#56  Sterilization, EMS Supervisors, Narcotics Officers, Grants Manager), freeing $244,288.82 in ARPA funding for other eligible uses; and for Fiscal Year 2023/24, appropriate $480,000 to Social Services HVAC Upgrades; Appropriate $100,000 to GREAT Grant matching funds; and Amend the project ordinance to reflect funds appropriated with the Fiscal Year 2023/24 budget ($480,602 for hiring above pre-pandemic levels and $1.51 2. Authorize the County Manager to execute a sub-recipient agreement with Maiden for the 3. Adopt a resolution to enact the Program Income Policy as required by ARPA; and 4. Appropriate $720,951 in previously approved local funds in Fiscal Year 2022/23 made available by this transaction to a new Mt. View EMS Base capital project. To ensure all American Rescue Plan Act (ARPA) dollars are fully obligated by December 31, 2024 and spent by December 31, 2026, staff continues to review the ARPA guidelines, county needs, and status of existing APRA projects, requesting adjustments by the Board as necessary. Today's requested action consists of project closures, ordinance amendments, and increased project appropriations. In addition, the County needs to adopt a resolution to enact a policy The US Treasury's Final Rule related to. ARPA funding affords local governments with an eligible use option for ARPA funds to cover salary, benefits, and other payroll costs for certain employees newly hired or rehired between March 3, 2021 and December 31, 2024. This eligible use category - entitled Hiring above the Pre-Pandemic Baseline - allows counties to claim eligible expenses associated with personnel for a fixed number of positions above a calculated pre- pandemic baseline (specific to each organization) based on ai formula provided by US Treasury. The formula for calculating the number of eligible positions above the pre-pandemic baseline" takes into account the total full-time equivalent (FTE) positions that existed on January 27, 2020 and applies a growth factor to that number, then subtracts the budgeted FTES as of March 3, 2021 from that number to determine the total FTES eligible for ARPA funding under this section of the rules. Based on this formula, staff is requesting draw-down of an additional $720,951 in In2021, the Board approved 5 positions (2 EMS Supervisors, 2 Narcotics Officers, and 1 Grants Manager) for direct funding using ARPA dollars, based on the need for direct services driven by the pandemic. To simplify ongoing monitoring and tracking, staff is revising the "eligible use" category these positions are authorized within; instead of being independent projects they will be supported by the "hire above the pre-pandemic baseline" funding category beginning in Fiscal  million for the Maiden Loop Water project); Maiden Loop Water Project;  addressing ARPA projects with program income.  eligible expenses incurred from. April 1 to. June 30, 2023.  Year 2023/24.  Accordingly, staff requested the following amendments:  Close EMS Supervisors - $349,500 appropriated with $281,441 expensed to date, Close Narcotics Officers - $388,600 appropriated with $329,173.17 expensed to Close Grants Manager - $143,000 appropriated with 935,186.09 expensed to date, Allocate an additional $480,602 to Hire Above the Base Project to fully fund the cost  releasing $68,059 in ARPA funds; date, releasing $59,426.83 in ARPA funds; releasing $107,813.91 in ARPA funds; and oft the five FTES in Fiscal Year 2023/24.  Additionally, the Board previously appropriated $30,000 for the EMS Sterilization project that is now complete with final expenses of$21,010.92. This project is requested to be closed. Catawba County owns 70 buildings with a total of 986,808 square feet. Facilities Maintenance has identified HVAC needs at various buildings, including replacement of obsolete pneumatic HVAC controls with automated controls and variable air volume (VAV) boxes beyond their useful  510    August 7, 2023, MB#56  lifespans at Social Services Building B. ARPA allows direct funding of HVAC projects that improve internal air quality and reduce the risks of airborne aerosols. Replacement of the controllers and VAV boxes will meet these requirements and improve efficiency. Staff requests Spectrum Southeast was recently awarded a State GREAT (Growing Rural Economies through Access to Technology) grant in the amount of $3,136,308. This grant requires a $553,466 match, of which Spectrum will provide $453,466 and the County is requested to provide the remaining $100,000. This project will provide broadband availability to approximately 737 households and businesses, building on the 1,869 houses and businesses already to be served by the first The Fiscal Year 2023/24 budget includes $1.51 million in ARPA funds to extend water service on Buffalo Shoals Rd from Eastcliff Drive to Beal Rd, including water service to Eastcliff Subdivision, which will improve water quality, including increased system pressure and flow for county residents in the area. The project is for the design and construction of 4,200 linear feet of pipe to connect 2 existing waterlines on Buffalo Shoals Rd from Beal Rd to Eastcliff Drive and design and construction of 4,100 linear feet of pipe to the Eastcliff Subdivision. The grant ordinance needs to be amended to establish the project and allocate the ARPA funds. The line will be constructed and owned by the Town of Maiden, requiring a sub-recipient agreement to allow the County to The Final Rule for the American Rescue Plan provided guidance regarding specific compliance requirements for the Federal award. Based on language within the Final Rule, Compliance Supplements from the Office of Budget and Management, provisions within Uniform Guidance (2CFR Part 200), as well as requirements outlined in the ARPA Federal Award Agreement, the County is required to have specific written policies related to ARPA funded projects. Since the Maiden Loop Water project will potentially generate program income to the Town of Maiden during the grant performance period, the County must adopt a Program Income Policy in order to comply with Federal requirements related to program income generated from Federal awards or If approved, the Fiscal Year 2022/23 amendment would allocate $720,951 in ARPA funds towards salary and benefits for the final quarter of Fiscal Year 2022/23, freeing local dollars previously budgeted in support of this purpose for other uses. Staff recommends using these dollars towards the planned EMS Base replacement in Mountain View. (With the impending widening of Hwy 127 in Mountain View, the Mountain View Fire Department has to relocate its existing fire station located at 3323 Hwy 127 S. The Department recently purchased a piece of property located near the intersection of Zion Church and Bethel Church Roads as the intended location for the replacement fire station, which presents the opportunity for the County to partner with the Fire Department in base construction. County staff have begun working with Mountain View Fire personnel on the planning and design of a shared facility to ultimately house the  appropriation of $480,000 for this purpose.  GREAT Grant awarded to Lumen/Brightspeed in August of 2022.  reimburse the Town for project costs.  sub-awards.  Mountain View Fire Department and Catawba County EMS.  BUDGET REVISION FY23: Reduction of Appropriation Revenue: 291-190050-626136 110-260150-695291 110-210250-695291 110-170050-695291 Expense: 291-260150-995110 291-210250-995110  American Rescue Plan Funds From American Rescue Plan Funds From American Rescue Plan Funds From American Rescue Plan Funds Transfer to General Fund Transfer to General Fund  (9244,288.82) ($77,048.08) ($59,426.83) ($107,813.91) ($77,048.08) ($59,426.83)  511    August 7, 2023, MB#56 Transfer to General Fund Regular Wages Regular Wages Regular Wages  291-170050-995110 110-260150-812100 110-220050-812100 110-170050-812100 Supplemental Appropriation Revenue: 291-190050-626136 110-190050-695291 410-480100-695110 Expense: 291-190050-995110 110-190100-995410 410-460100-988000-12048 FY24: Supplemental Appropriation Revenue: 291-440155-626136 291-190050-626136 Expense: 291-440155-988000 291-190100-849138  ($107,813.91) ($77,048.08) ($59,426.83) ($107,813.91) $720,951 $720,951 $720,951 $720,951 $720,951 $720,951  American Rescue Plan Funds From American Rescue Plan Funds From General Fund Transfer to General Fund Transfer to General Capital Projects Shared Mt. View Fire/EMS Base  American Rescue Plan Funds American Rescue Plan Funds Social Services Building - Building Structures &I Improvements GREAT Grant  $480,000 $100,000 $480,000 $100,000  The following resolution/policy applies:  RESOLUTION No. 2023-24 Date of Adoption: August 7th, 2023 FISCAL RECOVERY FUNDS  RESOLUTION ADOPTING POLICY FOR PROGRAM INCOME RELATED TO THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE. ANDI LOCAL WHEREAS, Catawba County ("County") has received an allocation of funds from the Coronavirus "State Fiscal Recovery Fund" or "Coronavirus Local Fiscal Recovery Fund" (together "CSLFRF") established pursuant to Sections 602 and 603 of the Social Security Act, as added by Section 9901 of the American Rescue Plan. Act of 2021, Pub. L. No. 117-2(ARPA); and WHEREAS, County shall comply with the terms of ARPA, and the U.S. Department of Treasury's ("Treasury") federal regulations governing the spending of CSLFRF Funds, including the Final Rule, and Treasury's regulations governing expenditures of CSLFRF Funds, including the Award Terms and Conditions, Compliance and Reporting Guidance for the State and Local Fiscal Recovery Funds (together the Federal regulations"), and any additional guidance Treasury has WHEREAS, County shall also comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part $200 (the "Uniform WHEREAS, County shall account for Program Income per the requirements set forth in the Uniform Guidance, including, but not limited to, 2 C.F.R. $200.307, and as stipulated in Compliance and Reporting Guidance for the State and Local Recovery Funds.  issued or may issue governing the spending of CSLFRF Funds; and  Guidance"); and  512    August 7, 2023, MB#56  Now, therefore, be it resolved, that the Catawba County Board of Commissioners hereby adopts and enacts the following policies and procedures for the use of Program Income earned from the  expenditure of CSLFRF Funds pursuant to the ARPICSLFRF award.  ADOPTED, this the 7th day of August, 2023.  PROGRAM INCOME POLICY  I.  PURPOSE AND SCOPE  Catawba County enacts the following procedures for its use of Program Income earned from the expenditure of CSLFRF Funds to ensure compliance with the Uniform Guidance, including, but not limited to, 2 C.F.R. $200.307, the ARPICSLFRF award, and all applicable Federal regulations governing the use of Program Income. Catawba County (hereafter "County") agrees to administer Program Income according to the requirements set forth in this policy and as required by the Federal regulations and State law. The responsibility for following this Policy lies with the Finance Department, which is charged with the administration and financial oversight of the ARP/CSLFRF award. Questions on the use and/or reporting of Program Income should be  directed to the Finance Department. DEFINITIONS  II.  a. ARP/CLSFRF Award means the Federal Program governing the use of Coronavirus State and Local Fiscal Recovery Funds as provided in the. Assistance Listing and as administered by the U.S. Department of Treasury pursuant to the American Rescue Plan Act of 2021 b. CSLFRF Funds means the portion of Federal Financial Assistance from the Coronavirus State Fiscal Recovery Funds and Coronavirus Local Fiscal Recovery Funds (collectively Federal. Award means the Federal Financial Assistance that a recipient receives directly from a Federal Awarding Agency or indirectly from a pass-through entity, as described in $200.101. The Federal Award is the instrument setting forth the terms and conditions of the grant agreement, cooperative agreement, or other agreement for assistance. d. Federal Awarding Agency means the Federal agency that provides a Federal Award directly e. Federal Financial Assistance means the assistance that non-Federal entities receive or administer in the form of grants, cooperative agreements, non-cash contributions, direct appropriations, food commodities, or other financial assistance, including loans. Federal Program means all Federal Awards which are assigned a single Assistance Listings g. Non-Federal Entity means a State, local government, Indian tribe, Institution of Higher Education (IHE), or nonprofit organization that carries out a Federal Award as a recipient or h. Period of Performance means the total estimated time interval between the start of an initial Federal Award and the planned end date, which may include one or more funded portions, or budget periods. The period of performance for the ARP/CSLFRF award ends December 31, Program Income means gross income earned by the Non-Federal Entity that is directly generated by a supported activity or earned as a result of the Federal Award during the  ("ARPA"), Pub. L. No. 117-2 (Mar. 11,2 2021). "CSLFRF") awarded to the County pursuant ARPA.  toal Non-Federal Entity.  Number. subrecipient. 2026.  Period of Performance except as provided in $200.307(f).  III. PROGRAM INCOME OVERVIEW  For purposes of this policy, Program Income is the gross income earned by the County that is directly generated by a supported activity or earned as a result of the ARPICSLFRF award during  513    August 7, 2023, MB#56  the Period of Performance, which closes December 31, 2026. 2 CFR 200.1. Program Income  includes, but is not limited to, the following sources ofi income: The collection of fees for services performed. Payments for the use or rental ofr real or personal property. The sale of commodities or items fabricated under the Federal Award. The payment of principal and interest on loans made under the Federal Award. The use of rebates, credits, discounts, and interest earned on any oft them. Governmental revenues, such as taxes, special assessments, levies, or fines. Proceeds from the sale of real property, equipment, or supplies.  Program Income does noti include fees or revenue from the following:  IV. USE OF PROGRAM INCOME  2C.F.R. $200.307(e) sets forth three (3) methods for how Program Income may be used: the deduction method, the addition method, and the cost sharing/matching method. Treasury has indicated that Program Income earned pursuant to expenditures of CSLFRF shall be accounted for pursuant to the addition method 2 C.F.R. $200.307(e). The County agrees to add Program Income to the total award amount and expend it on eligible projects during the Period of  Performance. V.  ALLOCATION OF PROGRAMI INCOME  The County shall only expend Program Income on costs that are reasonable, allocable, and allowable under the terms of the ARPICSLFRF award. To adhere to these requirements, the County shall comply with the cost principles included in 2C.F.R. $200, as outlined in the County's Allowable Cost Policy. The County shall allocate Program Income to the ARPICSLFRF award in proportion to the pro rata share of the total funding (e.g., if CSLFRF Funds cover half of a project's cost, with general revenue covering the other half, the County shall allocate 50% of any Program Income earned to the ARP/CSLFRF award and account for its use pursuant to  $200.307).  VI. ADDITIONAL PROGRAM INCOME REQUIREMENTS  (a) Identifying, Documenting, Reporting, and Tracking. To ensure compliance with the requirements of Program Income as outlined by the Federal regulations, the terms and conditions of the ASPICSLFRF award, and the requirements set forth herein, each department and/or subrecipient shall identify potential sources of Program Income and properly report the Program Income for the period in which it was earned and dispersed. Program Income shall be accounted for separately. The County and/or subrecipient shall not comingle Program Income earned from programs supported by ARPICSLFRF Funds with the general award of ARP/CSLFRF Funds the County received from Treasury. Any costs associated with generating Program Income revenue shall be charged as expenditures to the (b) Program Income Earned After the Period of Performance. The County and/or subrecipient shall have no obligation to report Program Income earned after the Period of Performance (December 31, 2026). However, the County and/or subrecipient shall report Program Income expended after the Period of Performance if that Program Income was earned on or before (c) Subawards. The County agrees to ensure that any subrecipient of ARPICSLFRF Funds abides by the award of the terms and conditions of this policy and is aware that the  ARP/CSLFRF award.  December 31, 2026.  514    August7,2023, MB#56  subrecipient is responsible for accounting for and reporting Program Income to the County on (d) Compliance with State Law. Program Income shall not be expended for purposes prohibited (e) Subject to Audit. The County recognizes that its use of Program Income may be audited and reviewed for compliance with Federal laws and regulations, State law, and the terms of the  ar monthly basis. under State law.  ARP/CSLFRF award. VII. IMPLEMENTATION OFF POLICY  The Finance Department and subrecipient will adopt procedures to identify potential Program Income during the project eligibility and allowable cost review, document actual Program Income, and follow the requirements ini this Policy related to the treatment of Program Income.  The following ordinance applies:  ORDINANCE#: 2023-5  Grant Project Ordinance for Catawba County American Rescue Plan Act of2021:  Coronavirus State andl Local Fiscal Recovery Funds  BE IT ORDAINED by the Catawba County Board of Commissioners, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is Section 1: This ordinance is to establish a budget for a project to be funded by the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLFRF). Catawba County has received a total allocation of $30,990,911. These funds may be used fort the following categories of expenditures, to the extent authorized by state law: 1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; 2. Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the 3. Replace lost public sector revenue, using this funding to provide government services to the extent oft the reduction in revenue experienced due to the pandemic; 4. Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater Section 2: The following amounts are planned by project with revenues and expenses previously  hereby adopted:  public sector;  infrastructure sectors; and,  infrastructure, and to expand access to broadband internet. appropriated or planned in upcoming budget actions for the project:  Expen- diture Cate- gory (EC)  Date of Board or Planned Action  Internal Grant Project Code  Cost  Appropriation/ CSLFRF  Project Name  Object Commitment of Appropriation  515    August 7, 2023, MB#56  11/17/2021, closed 8/7/2023 8/7/2023 11/21/2022  EMS Sterilization/ Disinfectant Social Services HVAC upgrade Newton Library Jail Body Scan Machine Public Safety COVID-19 FY21-22 Ambulance Remounts (4) Response Radios EMS Supervisors  1.4.EMS-Sterlization  1.4 Operating 1.4 Capital 1.4 Capital 1.4 Capital Contract/ 1.4 Services Contract 1.6 /Services 1.7 Capital 1.4 Capital Salaries & Benefits 3.1 Capital Salaries & Benefits 3.1 Operating Capital Salaries / 3.2 Benefits Capital 5.11 Project # 28004 Capital 5.11 Project # 27008 Capital 5.11 Project # 28001 Funding Match- 5.19 GREAT Grant Capital 5.2 Project # 21028  $21,010.92 $480,000.00 $300,000.00  1.4.HVACDSSMain HVAC upgrade  1.4.HVACLibMain 1.4.JailBodyScan  $169,500.00 11/17/2021 $15,800.00 11/17/2021 $598,943.00 $875,000.00  14PSinventonysysm Inventory System 1.6 HealthcareClaims Healthcare Claims  9/19/2022 9/19/2022& 4/17/23  1.7 AmbulRemounts  1.7.Radios Upgrade Emergency  $975,000.00 11/21/2022 $218,023.00 11/17/2021; $63,418.00 $238,837.82 $19,308.04 $71,027.31 closed 8/7/23 $2,974,235.00 7/1/23, 8/7/23 $500,000.00 $1,510,000.00 $2,500,000.00 $800,000.00 $1,500,000.00  $188,000on FY22/23 Budget; closed 8/7/23 $225,000 on 11/17/2021; FY22/23 Budget; 4/17/2023; 8/1/2022 FY23/24 Budget- ordinance 8/7/23 11/1/2021 9/19/2022; 8/7/2023 11/7/2022  3.1.EMS.Supv  3.1.NarcOficers 3.2.Hire/Rehire .11.Butsniskdwater 5.11.Maidenwater 5.11.NC16Water 5,19.BrdbndGREAT- Lumen 5.2 Hky/Catawba WWTF  Narcotics Officers Hire / Rehire Above Pre-Pandemic Base Buffalo Shoals Road' Water Maiden Loop Water Old Hwy 16 Waterline Broadband Expansion-GREAT Grant Match Hickory/Catawba WWTF Expansion  516    August7,2023, MB#56  McLin Creek Sewer Extension- Claremont Broadband Assessment and Mapping Revenue  5.2.McLinSwr Clarmnt  Capital 5.2 Project # 23005 5.19 Contract/ Services Salaries/ 6.1 Benefits Salaries & 7.1 Benefits  11/1/2021; 5/16/2022; 8/1/2022 FY21/22 Budget, reduced 4/17/23 5/16/2022 $49,000on 11/17/2021; FY22/23 Budget, closed 8/7/23  $3,500,000.00 $49,750.00 $10,000,000.00  .21.BrdbndAssess 6.1.Provision of  Government Services Replacement  7.1.GrantsMgr  Grants Manager Assigned Unassigned  $35,186.09 $27,415,039.18 $3,575,871.82 $30,990,911.00  Total  b. The Finance and Personnel Subcommittee recommends the Board of Commissioners approve the creation of a new Opioid I Substance Use Disorder Program Coordinator position (salary grade 81) and addition to the County pay plan; approve an expenditure resolution authorizing the specific proposed use for $96,753 in opioid settlement funds; and approve a corresponding grant Catawba County has entered into two Memoranda of Agreement (MOA) with the State to participate in nationwide opioid settlements with manufacturers/distribouors/dlispensers. The MOA lays out the specific purposes these funds can be used for, along with key monitoring and reporting requirements. Through these two agreements, the county will receive approximately $24 million by 2038, with additional funding expected as further settlements are reached. To date approximately $2 million has been received and placed in a separate special revenue fund for To coordinate the County's efforts in this area, a new Opioid/Substance Use Disorder Coordinator position is recommended, to be fully funded by opioid settlement funds. This position would be housed in Public Health and serve as an important conduit between the County and local service providers, stakeholders, and the public. At least for the first year, funding for this position will be requested annually, as the MOA mandates opioid settlement-funded efforts must have a discrete As a part of accessing the opioid settlement funds, recipients must identify which prescribed MOA strategies the expenditure will address. This position is recommended under Exhibit A Strategy 1 Collaborative strategic planning, and Exhibit A Strategy 10 Criminal justice diversion programs (part of duties will be to work with stakeholders on pretrial diversion activities). While these are the two strategies most directly linked, the work willi involve many of the other approved  project ordinance and budget amendment appropriating the funds.  future eligible expenses as prescribed by the MOA.  start and end date.  Exhibit A efforts. Supplemental Appropriation Revenue: 293-190050-639107 Expense: 293-580050-812100 93-58050-8217100 293-580050-822100  Opioid Settlement Revenue Regular Wages FICA LGERS Retirement 517  $96,753 $70,000 $5,355 $9,030    August 7, 2023, MB#56 401K Group Health Dental Short-term Disability Basic life  293-580050-822150 293-580050-823100 293-580050-823300 293-580050-625500 293-580050-823610 The following resolution applies:  $2,100 $9,672 $468 $73 $55  RESOLUTION 2023- 25 AF RESOLUTION BY CATAWBA COUNTY  TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS  WHEREAS Catawba County has joined national settlement agreements with companies engaged in the manufacturing, distribution, and dispensing of opioids, including settlements with drug distributors Cardinal, McKesson, and AmerisourceBergen, and the drug maker Johnson & WHEREAS the allocation, use, and reporting of funds stemming from these national settlement agreements and certain bankruptcy resolutions ("Opioid Settlement Funds") are governed by the Memoranda of Agreement Between the State of North Carolina and Local Governments on WHEREAS Catawba County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue  Johnson and its subsidiary Janssen Pharmaceuticals; and  Proceeds Relating to the Settlement of Opioid Litigation ("MOA"); and  fund as required by section D of the MOA; and WHEREAS section E.6 of the MOA states: E.6. Process for drawing from special revenue funds.  a. Budget item or resolution required. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. b. Budget item or resolution details. The budget or resolution should () indicate thati it is an authorization for expenditure of opioid settlement funds; (i) state the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit A or Exhibit B to identify each funded strategy, and (ii) state the amount dedicated to each strategy for a stated period of time. NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA, the Catawba County Board of County Commissioners authorizes the expenditure of opioid settlement funds as follows: a. Name of strategy: Opioid / Substance Use Disorder Program Coordinator  1. Strategy authorized:  b. Strategy is included in: Exhibit A  C. Item letter andlor number in Exhibit. A or Exhibit B to the MOA: Exhibit A Strategies 1 and  10  d. Amounted authorized for this strategy: $96,753 e. Period of time during which expenditure may take place: Start date 8/7/2023 through End date 6/30/2024  The total dollar amount of Opioid Settlement Funds appropriated across the above named and  authorized strategies is $96,753.  518    August7,2023, MB#56  This the 7th day of August, 2023. The following ordinance applies:  ORDINANCE# 2023-06  Grant Project Ordinance for Catawba County Opioid Settlement Funding  BE IT ORDAINED by the Catawba County Board of Commissioners, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is Section 1: This ordinance is to establish a budget for projects to be funded by settlement proceeds from national opioid litigation (opioid settlement funding). Pursuant to memoranda of agreement with the State of North Carolina (NC MOA), these funds may only be used for prescribed evidence-based strategies. Catawba County will use opioid settlement funding received through NC MOAS for strategies contained in Exhibit A to the MOA (Option A List).  hereby adopted:  These are:  1) Collaborative strategic planning 2) Evidence-based addiction treatment 3) Recovery support services 4) Recovery housing support 5) Employment-related services 6) Early intervention 7) Naloxone distribution  8) Post-overdose response team 9) Syringe service program 10) Criminal justice diversion programs 11) Addiction treatment fori incarcerated persons 12) Reentry programs  Section 2: The following amounts are planned by project with revenues and expenses previously  appropriated or planned in upcoming budget actions for the project:  Internal Grant Project Code  Project Name Use Disorder (8/7/2023- - 6/30/2024)  Expenditure Category (EC) Collaborative strategic Option A Strategy #10 - Criminal justice diversion programs  Amount Date of Board  Appropriation  Opioid /S Substance Option A Strategy #1 = Program Coordinator planning  $96,753  8/7/2023  Section 3: The Finance Officer is hereby directed to maintain sufficient specific detailed accounting Section 4: Copies of this grant project ordinance shall be furnished to the Budget Officer, the Finance Section 5: This grant project ordinance expires when all opioid settlement funds are expended by the  records to satisfy the requirements of the NC memorandum of agreement.  Officer and to the Clerk. County.  This the 7th day of August, 2023.  C. The Finance and Personnel Subcommittee recommends the Board of Commissioners approve the proposed amendment to the Memorandum of Understanding (MOU) with Catawba Volunteer Fire Department, delaying the first loan payment by one year, upon receipt of required documents from the Fire  Department's Board.  519    August 7, 2023, MB#56  In 2014, the Catawba Volunteer Fire Department purchased a 6.96-acre property located at 5715 Hudson Chapel Road with intentions of building a 13,578 square foot fire station on the site. Catawba Fire's current station, located at 108 N. Main St, was built in 1948 and is owned by the Town of Catawba. Catawba Fire requested financing assistance from Catawba County regarding construction of this new station, sO the County entered an MOU committing to loan the department $3 million to build the station at a simple interest rate of 1.5%, with payback spanning a 30-year period. (Annual payments will total $101,500.) The MOU includes periodic monitoring of construction progress linked to funding draw-down and acknowledges both parties' agreement that call volume and service demand in the Catawba Rural Fire District is not sufficient to Catawba Fire has encountered project cost overruns, in part due to the decision to extend a sewer line tot the fire station, and has requested the County delay the due date of the first loan payment by one year, to  justify additional staffing oft two stations now and in the foreseeable future. February 1, 2025, as reflected in the attached First Amendment to the MOU. The following First Amendment to the MOU Funding for Catawba Fire Station is approved:  STATE OF NORTH CAROLINA CATAWBA COUNTY  First Amendment to the Memorandum of Understanding Funding for Catawba Fire Station  This FIRST AMENDMENT to the Memorandum of Understanding = Funding for Catawba Fire Station ("MOU") is made and entered into this day of August, 2023, by and between Catawba Volunteer Fire Department, Inc., a North Carolina non-profit corporation, hereinafter referred to as "Fire Department", and Catawba County, a public body politic and corporate of the State of North Carolina, hereafter referred to as "County", the County and the Fire Department being jointly referred to herein as "the Parties". Except as specifically amended herein, all terms and conditions of the MOU shall remain in full force and effect, and  are reaffirmed hereby.  WITNESSETH:  WHEREAS, the Parties entered into an MOU dated November 8, 2022 for County to loan funds to Fire Department for the construction of a new Fire Station in order to provide optimal fire protection services; and WHEREAS, the Fire Department has expressed a concern that the actual cost of the project is more than WHEREAS, the Fire Department has requested the County delay the scheduled repayment of said loan by WHEREAS, the County has agreed to amend the MOU and adjust the repayment schedule to reflect the first NOW THEREFORE, by signing this First Amendment, the Parties acknowledge that it is mutually  anticipated due to a sewer line extension; and  one year to enable the Fire Department to pay for the sewer line extension; and payment being due on February 1, 2025 as opposed to February 1, 2024. understood, consented, and agreed to amend the MOU as follows:  1. Article V entitled Project Funding is hereby replaced in its entirety with the following:  5.1 Payment Responsibility. The Fire Department is responsible for paying all costs associated with the Project, including Loan payments to County, in ai timely manner. Loan payments to the County are due beginning February 1, 2025 and shall be due by February 1 of each fiscal year for the following thirty (30) years, unless the loan is paid early. Failure to make a payment will be considered a default, and County may withhold the Fire Department's fire tax revenues collected by the County from the Fire 5.2 County Commitment. The County will loan to the Fire Department an amount not to exceed $3 million for the construction of the Project. County will loan $1 million upon execution of a Promissory  Department until the loan is current.  520    August 7, 2023, MB#56  Note and Deed of Trust and will subsequently make loan distributions in the amount of $500,000.00 as needed until the distributions reach $3 million. Fire Department shall make annual payments in the amount of $101,500.00 ($100,000 principal + $1,500 interest) over a 30-year term; however, the first payment will be in the amount of $103,000.00. There will be no prepayment penalty associated with the 2. All provisions of the MOU not specifically modified by this First Amendment remain unchanged and are  Loan.  reaffirmed hereby.  CATAWBA COUNTY  C.R Randall Isenhower, Chairman Catawba County Board of Commissioners  ATTESTED BY: Dale Stiles, County Clerk STATE OF NORTH CAROLINA COUNTY OF CATAWBA  I,  a Notary Public, do hereby certify that Dale Stiles  personally appeared before me this day and acknowledged that she is County Clerk and that, by authority duly given and as the act of the Catawba County Board of Commissioners, the foregoing instrument was signed in its name by its Chair, sealed with its corporate seal, and attested by herself as its Clerk.  Witness my hand and official seal, this the.  day of Notary Public Printed Name: My Commission Expires:  2023.  THIS INSTRUMENT has been pre-audited in the manner required by the Local Government Budget and  Fiscal Control Act as amended.  Date:  Mary Morrison, Chief Financial Officer  APPROVED AS TO FORM  Date:  Jodi Stewart, County Attorney  CATAWBA VOLUNTEER FIRE DEPARTMENT, INC.  521    August 7, 2023, MB#56  Buddy Huffman, Chairman  STATE OF NORTH CAROLINA COUNTY OF CATAWBA  al Notary Public, do hereby certify that  personally appeared before me this day and acknowledged that he is Chair to the Board for Directors Catawba Volunteer Fire Department and that, by authority duly given and as the act of the Catawba  Volunteer Fire Department, the foregoing instrument was signed in its name by its Chair.  Witness my hand and official seal, this the  day of Notary Public Printed Name: My Commission Expires:  2023.  d. The Policy and Public Works Subcommittee recommended the Board of Commissioners award the bid for the StoneCroft Subdivision Road Improvements to JT Russell & Sons, Inc., of Conover, NC, in the amount of $275,785.20; award the bid for The Retreat Subdivision Road Improvements to CRW Land Services, LLC, ofOld Fort, NC, in the amount of $116,043.75; authorize the County Manager to execute all documents associated with the projects; and approve a budget transfer in the total amount of $393,828.95, The County is following a statutory process to construct improvements to subdivision roads to meet NCDOT standards, and thereafter, to assess the affected property owners for the cost of the construction. After the 1) Make at final determination of costs and order al Preliminary Assessment Roll be published. 3) At the end of this future public hearing, the Final Assessment Roll can be adopted, which will StoneCroft Subdivision - The StoneCroft Subdivision is located off Grassy Creek Road, and consists of approximately 67 homes or lots. The main access road into the subdivision is Sagittarius Circle, and there are two other roads that access Sagittarius Circle: Jupiter Court and Taurus Drive. The work to be performed generally consists of milling, paving, removing unpermitted objects from the right-of-way, such as masonry walls, mail boxes, columns and trees, and replacing undersized driveway culverts and yard inlets with  utilizing funds previously set aside for this purpose.  projects are completed the Board will do the following for each separate project:  2) Notice and conduct another public hearing. implement the special assessment.  NCDOT approved and appropriately sized pipes and structures.  On June 27, 2023, the County received ai total of three (3) bids for the StoneCroft project:  JTF Russell & Sons, Inc. CRWLand Services, LLC  $275,785.20 $287,385.20  Bryson Excavating Construction, LLC $290,066.00  The lowest responsive bid is from JT Russell & Sons, Inc. for $275,785.20, which is 18% lower than the The minimum assessment for each affected parcel in StoneCroft, based on the bid only, is $4,116.20 ($275,785.20 I 67 lots). Statutorily, the project's total cost may include the actual construction cost, necessary legal costs, and the cost of publishing and mailing notices and resolutions, and will be finalized at The Retreat Subdivision - The Retreat Subdivision is located off Beatty Road in the unincorporated part of Catawba County, and 35 lots in the subdivision will be assessed as part of the road improvements. The  estimated cost.  the end of the project.  522    August7,2023, MB#56  main access road into the subdivision is Lake Bluff Drive. The work to be performed generally consists of milling, paving, removing unpermitted objects from the right-of-way, such as brick columns and mail boxes,  and replacing broken and cracked curbing in the cul-de-sac.  On June 27, 2023, the County received ai total of three (3) bids for The Retreat project:  JTI Russell & Sons, Inc. CRWLand Services, LLC Bryson Excavating Construction, LLC  $124,410.00 $116,043.75 $117,943.75  The lowest responsive bid is from CRW Land Services, LLC for $116,043.75, which is 32% lower than the The minimum assessment for each affected parcel in The Retreat, based on the bid only, is $3,315.54 ($116,043.75 / 35 lots). Statutorily, the project's total cost may include the actual construction cost, necessary legal costs, and the cost of publishing and mailing notices and resolutions, and will be finalized at  estimated cost.  the end of the project. Supplemental Appropriation: Transfer: From: 413-460113-868505-19990 To:  Subdivision Road Improvement Future Projects  $393,828.95 $276,785.20 $117,043.75  413-460113-868505-17006 StoneCroft Subdivision Road Improvements 413-6011348505-1707 The Retreat Subdivision Road Improvements  e. Staff requested the Board of Commissioners approve al Pyrotechnics Permit to JECO Pyrotechnics INC. The Town of Catawba has contracted with JECO Pyrotechnics INC., which has submitted a Pyrotechnic Permit application. The requested permit is for a fireworks display to be conducted on September 16, 2023 on Town-owned property located at 102 1st St NW. JECO Pyrotechnics INC has submitted a safety plan for this event outlining the procedures for the security of the launch site. The display time is listed as 9:30pm JECO Pyrotechnics INC. has a valid "Outdoor Pyrotechnics Display Operators Permit" through the North Carolina Department of Insurance and the Office of State Fire Marshal. Based on the application, all statutory requirements have been or will be met. If at any time, any requirement of the permit is not satisfied, The consent agenda items came in thei form of a motion by Chair Isenhower, which carried unanimously.  and should last no longer than 30 minutes.  the Fire Marshal's Office for Catawba County shall revoke the permit.  11. Other Items of Business. None. 12. Manager's Report. None. 12. Attorney's Report. None.  .  13. Adjournment. No further action was taken. Upon amotion by Commissioner Barbara Beatty which  unanimously carried, the meeting was  Randy Isenhower, Chair Catawba County Board of Commissioners Onshba Dale R. Stiles County Clerk 523  *