August 5, 2024, MB#57 Regular Session, August 5 2024, 7:00 p.m. Catawba County Board of Commissioners Appointments Budget Budget Transfer CVMC 074 08/05/24 Juvenile Crime Prevention Council- Honorable Sherri W. Elliott 2024 NCACC Voting Delegate - Jodi Stewart 109 08/05/24 091 08/05/24 074 08/05/24 085 08/05/24 091 08/05/24 109 08/05/24 086 08/05/24 074 08/05/24 074 08/05/24 Catawba' Valley Medical Center Declaration of Easement Corning Economic Development Agreement Amendment Economic Development Finance Legal American Rescue Plan Act (ARPA) Grant Ordinance Revision and Appropriation Catawba Valley Medical Center Declaration of Easement Catawba County ABC Board-Dissolution of Consolidated Services (Resolution 2024-22) Grant Project Ordinance for Catawba County American Rescue Plan Act of 2021: Coronavirus State and Local Fiscal Recovery Funds (Ordinance 2024-6) Ordinances Presentations Public Comment James Michael McRee Public Hearings Purchasing Resolutions Corning Economic Development. Agreement Amendment Final Assessment Rol-StoneCroft Subdivision Special Assessment for Road Improvement Projects 080 08/05/24 108 08/05/24 081 08/05/24 108 08/05/24 110 08/05/24 080 08/05/24 084 08/05/24 089 08/05/24 Surplus Vehicle Donations Request Resolution Confirming Assessment Roll for StoneCroft Subdivision and Levying Resolution Declaring Surplus Property and Donation to Claremont Rescue Squad, Catawba Volunteer Fire Department, Catawba Valley Community College and Catawba Valley Medical Center (Resolution 2024-21) Resolution Dissolution of Merged Catawba County and Town of Taylorsville ABC Final Assessment Roll-StoneCroft Subdivision Special Assessment for Road Mollys Backbone and Brown Chapel Roads Pump Station Upgrades: Engineering Assessments (Resolution 2024-20) Boards (Resolution. 2024-22) Improvement Projects Services Agreement Landfill Property Combination Deed Utilities and Engineering 73 August 5, 2024, MB#57 The Catawba County Board of Commissioners met in Regular Session on Monday, August 5, 2024, at7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Government Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Robert C. Abernethy, Jr., Also present were County Manager Mary S. Furtado, Assistant County Manager Paul Murray, Assistant County Manager Justin Merritt, County Attorney Jodi Stewart, Assistant County Attorney Josh Teague, and County Clerk 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present. Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer. Dale Stiles. 2. Commissioner Robert C. Abernethy, Jr., led the Pledge of Allegiance. 3. Commissioner Barbara G. Beatty offered the invocation. 15, 2024. The motion carried unanimously. 5. Recognition of Special Guests: Chair Isenhower welcomed everyone present. 6. Public Comments. be removed. 7. Appointments. 4. Commissioner Abernethy made a motion to approve the Minutes from the Board's Regular Meeting of July James Michael McRee came forward requesting the monument on the grounds of the 1924 Courthouse not Upon a recommendation by Chair senhower that came in the form of a motion which unanimously carried, the Board appointed County Attorney Jodi Stewart as voting delegate at the 2024 NCACC Annual Upon a recommendation by Commissioner Abernethy, that came in the form of a motion which unanimously carried, the Board appointed Honorable Sherri W. Elliott as the District Court Designee to the Juvenile Crime Catawba County Economic Development Corporation President Scott Millar presented to the Board a Corning Optical Communications LLC acquired the Stonemont Spec building in 2021, expanding it by 75,000 square feet and installing equipment which has to date not been turned on for production. Both Corning and its expected customers continue to await long-promised and substantial contracts supported by federal Broadband funding through the BEAD Act, the production demand for which both Trivium facilities were acquired and expanded to support. In the meantime, new contract opportunities driven by Al data center users and new Corning product offerings have surpassed the initial facility and job requirements, In September 2021, Hickory and Catawba County both approved economic development agreements for the project using a sliding scale of grants over a 6-year period under the usual contractual performance requirements, totaling approximately $7,195,501 based on yearly receipt of taxes paid at Technically, the Corning Trivium 2 facility has not met the requirements for year 1 even though they have spent the capital commitments required under the agreement. As required, the equipment has been installed and the building expanded. Though installed, the equipment was never listed and the jobs were not Conference on August 10th, 2024. Prevention Council, with at term expiration of. June 30, 2026. 8. Presentations. request to amend the Corning Economic Development. Agreement. driving substantial new planning for all local facilities in the coming months. 75.75/67/67750/509. Under the agreement, Grant Year 1 was established as 2024. created as a result of unexpected business conditions. 74 August 5, 2024, MB#57 Due to the opportunity associated with the new business expectations outlined above, additional tax base investments achieved through the project, and the average wages associated with the facilities, the EDC proposes a technical adjustment tot the Agreement to adjust Grant Year 1 by 12 months (from 2024 to 2025) while retaining all other provisions as adopted. More recent economic development agreements have included a base provision affording companies more timeline flexibility in terms of when to trigger initial grant payments, based on sensitivity to business cycles and investment drivers. This flexibility still ensures companies meet contractual requirements and maintain all other substantial terms and conditions, but allows The proposed revision would shift Grant Year 1 to 2025 (assuming all terms are met) and move subsequent payments out by one year for each of the following 5 years. All other conditions and terms would remain as written in the current agreement. Hickory approved this Amendment ati its July 16th City Council meeting. After Mr. Millar's presentation, there were no questions. Vice-Chair Allran made a motion to approve the Amendment to Catawba County and Corning Optical Communications Economic Development Agreement. for adjustment due to unusual business conditions and hiringworkforce issues. The motion carried unanimously. The following amended agreement applies: 75 August 5, 2024, MB#50 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT CATAWBA COUNTY, AND CORNING OPTICAL COMMUNICATIONS THIS FIRST AMENDMENT TO CATAWBA COUNTY AND CORNING OPTICAL COMMUNICATIONS ECONOMIC DEVELOPMENT AGREEMENT (this Agreement) is entered into as of August 5, 2024, by and among CATAWBA COUNTY, a North Carolina body politic, having a mailing address of P.O. Box 389, Newton, NC 28658 (the "County"); and CORNING OPTICAL COMMUNICATIONS LLC, a North Carolina limited liability company qualified to do business in the State of North Carolina, having a mailing address of 4200 Corning Place, Charlotte, NC 28216 ("Corning") (the County and Corning being collectively referred to as the "Parties" and individually referred to as a' Party"). RECITALS The County and Corning have previously entered into that certain' "Catawba County and Corning Optical Communications Economic Development Agreement" dated September 28, 2021 (the "EDA"). The Parties have agreedt to make certain amendments to the EDA. Accordingly, the parties are entering into this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby ascribed to such termi in the EDA. acknowledged, the Parties hereby agree as follows: A. MODIFICATIONS fullf force and effect. Detailed below are amendments the Parties are making to the EDA. Except where a covenant or provision ini the EDA is explicitly amended, all covenants and provisions in the EDA: shall remain in 1. SECTIONI-COMPANY Paragraphs 1,3a and 4 of Section of the EDA are hereby amended 1. Upon execution of this Agreement, the Company shall deliver to County an amended certificate confirming that the Company intends that construction and installation of the Improvements by the Company will result in the creation, maintenance and availability of an minimum of Two Hundred (200) net newj jobs att the Facilities int the County on or before December 31, 2025 and that the average annual wage, not including benefits, for employees comprising the net newj jobs will equal or exceed Fifty Five Thousand Dollars ($55,000) for each year that the County pays the Company an Economic Development Incentive provided for herein. The Company affirms its understanding of, and agrees to comply with, the Calendar of Responsibilities as outlined in Exhibit/ A, attached hereto and incorporated herein by reference. Such certificate shall be substantially in the form oft the 3. The Company shall make or cause to be made Improvements to the Properties during the Capital Improvement Period. Cumulative expenditures shall be inclusive of new construction and/ or property renovations, machinery, equipment, furniture and fixtures and computer equipment. Costs for the Improvements to the Properties, as applicable, made or caused to be made byt the Company for capital equipment and trade fixtures used toa assemble, manufacture, and process business-related, goods and services will be not tor read as follows: certificate attached tot this Agreement as Exhibit A. 1 76 August 5, 2024, MB#57 less than One Hundred Fifty Million Dollars ($150,000,000) above the Baseline Assessed Valuation as defined herein, and be made by December 31, 2024, all of which will qualify and result in additional value for ad valoremi tax purposes as determined byt the Catawba County Tax Office. The Company agrees to maintaini inp place, in good condition (ordinary wear and tear excepted), said Improvements for Three (3) years aftert the final Economic Development Incentive payment ('Investment Maintenance Period"). 4. The Company shall create a minimum of Two Hundred (200) newj jobs in the County at the Facilities by December 31, 2025. The Company agrees to maintain or make these jobs available at the Facilities for three (3) years after the final Economic Development Incentive payment ("Jobs Maintenance Period"). A. job is defined as employment that provides Sixteen Hundred (1600) hours or more of work in any Twelve (12) month period. Recognizing that previous economic development: agreements are inj plaçe and on-going, the Company must segregate and recognize these net new jobs at the Facilities and document them in order for the jobs committed and retained to qualify for Economic Development Incentives under this Agreement and the previous Economic Development Except for the modifications made herein, the provisions of SECTIONI I- COMPANY of the EDA 2. SECTION II - COUNTY. Paragraph 6(a), (b), (c), and (d) of Section II of the EDA is hereby 6. Payment of Economic Development Incentives for real and personal Improvements and for Job Creation in accordance with this Agreement: shall be made as follows: a. The County agrees to provide annual payments equal to a corresponding percentage (see chart in 6.b. below) of the ad valorem taxes associated with the real and personal property Improvements made or caused to be made by the Company at the Properties, as applicable (and exclusive of rolling stock), as paid to County for a six year (6) period (GY1 through GY6), commencing with the taxes assessed on January 1, 2024, and January 1 oft the succeeding Five (5) years for property Improvements made or caused to be made by the Company at the Properties, as applicable, pursuant to Paragraphs 3 and b. In no event willt the cumulative payments byt the County under Paragraph 6.a., 6.b., and 6.c. exceed Two Million Nine Hundred Forty-Five Thousand, Four Hundred Thirty-Eight Agreements dated. August 14, 2018 and December 15, 2020. are unchanged. amended to read as follows: 4 with maximum payments asi illustrated in the chart below. Dollars ($2,945,438) for the six (6) years. Year GY1(2025) GY2(2026) GY3(2027) GY4(2028) GY5(2029) GY6(2030) Total Grant Percentage 75% 75% 67% 67% 50% 50% Maximum Payment By County by Year $2 280,313 646,875 577,875 577,875 431,250 $ 431,250 $2,945,438 2 77 August 5, 2024, MB#57 c. Said amounts shall be payable annually, subject to the Company being in compliance with all requirements of this Agreement, beginning in 2025 (GY1) and payable through d. Upon payment of ad valorem taxes by the Company to the County for each year of grant years 20251 through 2030, as applicable, and certification of Improvements and Job Creation submitted by the Company to the County by March 5th beginning in calendar year 2025 in the form or substantially in the form of the certificate identified as Exhibit B, attached hereto andi incorporated herein by reference, the County will, within Ninety (90) days, pay to the Company an amount calculated by multiplying the corresponding percentage times the total ad valorem tax revenue received by the County attributable to the value of the Improvements made by the Company pursuant to this Agreement in excess of the base value of the Properties. The base value of the Properties ("Baseline Assessed Valuation") is agreed to be the sum oft the following values as assessed by the 1. Reala and personal property improvements completed at 1764 Trivium Parkway, Newton NC, 28658 (Parcel ID# 372118228125) on November 15, 2019, pursuant to the Corning Economic Development. Agreement dated August 14, 2018 (Project' Wave). 2. Real and personal propertyi improvements at1 1764ThvumParkway, Newton NC, 28658 (Parcel ID# 372118228125) commenced on or about May 2021 and anticipated to be completed by December 31, 2021 (Project Alf). Projects Wave and Alf are delineated on Exhibit C, attached hereto, and incorporated by reference. These investments will be recognized: separately and uniquelyin ordert to qualifyfort thei incentives for each Economic Except for the modifications made herein, the provisions of SECTION II- COUNTY of the EDA are 3. EXHIBIT A. Subparagraph (b) of Exhibit Ato the EDA: shall be amended to read as follows: "(b) Corning Optical Communications intends to create, maintain and make available a minimum of Two Hundred (200) new jobs prior to December 31, 2025, and that the average annual wage, not including benefits, for employees comprising the net newj jobs wille equal ore exceed Fifty Five Thousand Dollars ($55,000) for each year that the County pays the Company an Economic Except for the modifications made herein, the provisions of EXHIBIT A of the EDA: are unchanged. 1. COUNTERPARTS This Agreement may! be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which when 2. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference tot the conflicts of law or choice of law 2030 (GY6). Catawba County Tax Assessor: Development Agreement. unchanged. Development Incentive provided for herein." B.N MISCELLANEOUS taken together shall constitute one and the same Agreement. principles thereof. [SIGNATURES ON THE FOLLOWING PAGES] 3 78 August 5, 2024, MB#51 INI WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as oft the day and year first written above. County of Catawba, AI North Carolina Body Politic Attest: (SEAL) By:. (Seal) C.Randalll Isenhower, Chair Catawba County Board of Commissioners Dale R. Stiles, County Clerk STATE OF NORTHO CAROLINA COUNTYOF CATAWBA ,. a Notary Public of said county and state, certify that Dale R. Stiles personally came before me this day and acknowledged that she is County Clerk tot the Catawba County Board of Commissioners, al body politic corporate in nature, andt that by authority duly given and as the act oft the body politic the foregoing instrument was signed ini its name by its Chair, sealed with its body politic seal, and attested by herself as County Clerk. Witness my hand and seal this day of 2024. [Seal) Notary Public My commission expires: Fiscal Control Act. This document has been pre-audited in the manner required by the Local Government Budget and Mary Morrison, Catawba County Finance Director Approved as to form on behalf of County of Catawba only: Jodi Stewart, County Attorney 4 79 August 5, 2024, MB#57 INI WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and yeari first written above. CORNING OPTICAL COMMUNICATIONS a North Carolina limited liability company John McGirr, Senior' Vice President By:. STATE OF NORTH CAROLINA COUNTY OF CATAWBA a Notary Public of said county and state, certify that. John McGirr, Senior Vice President of Corning Optical Communication LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged on behalf of said company the voluntary execution oft the foregoing document, all for the purposes therein expressed. Witness my hand and notarial stamp or seal, this day of 2024. Notary Public [AFFIX NOTARIAL SEAL] My Commission Expires: 5 80 August 5, 2024, MB#57 9. Public Hearings. a. Utilities and Engineering Director Peter Shonka requested the Board of Commissioners conduct a public hearing to consider adopting a resolution confirming the Final Assessment Roll for StoneCroft subdivision On July 15, 2024, the Board adopted a resolution for StoneCroft subdivision establishing the Preliminary Assessment Roll, scheduling a public hearing for the approval of the Final Assessment Roll, and authorized submittal of a petition for NCDOT to accept the subject roads. The next step in the process is for the Board to conduct the advertised public hearing, adopt the Final Assessment Roll, and charge the Tax Administrator with the collection of the assessments. Property owners will then be notified of the assessment and The total project costs associated with StoneCroft subdivision road improvements are $296,869.60. The basis for assessment is by loti in accordance with the number of subdivision lots at the time the petition was The individual assessment for each oft the sixty-seven lots is $4,430.89. This amount can be paid either as a lump sum before the first assessment bill comes due or in 10 annual payments with 1.5% annual interest. The table below summarizes the statutory process for establishing private road assessments and, for the items that have been completed, provides the dates on which the Board of Commissioners took each required action. The table also outlines the remaining steps the Board will still need to take in order to and authorizing collection of the assessments. payment options. submitted, which is sixty-seven. The first annual payment, prior to the application of interest, is $480.46. implement the assessment (noted in italics, with planned dates). NCGSS 153A-205 153A-190 & 153A-191 153A-192 153A-192 143-131 143-131 153A-193 & 194 153A-195 Date Action Items 9/26/2022 Citizens petition BOC with >75% of property owners & >75% of 4/17/2023 Preliminary Resolution describing the Project, financing and 5/15/2023 BOC holds Public Hearing on Preliminary Assessment Resolution. 5/15/2023 BOC adopts Final Resolution approving Project, setting financing 5/31/2023 Project is bid in accordance with NC Procurement Procedures. road frontage. BOC accepts Citizen Petition, makes funding decision and adopts setting time for Public Hearing. terms. 8/7/2023 Bid awarded. 7/15/2024 8/5/2024 BOC determines Project Total Cost, sets date and time for Public BOC holds Public Hearing on the Preliminary Assessment Rolls annuals, confirms Preliminary Assessment Rolls. If confirmed, Tax Administrator is authorized to collect assessment fees in Hearing on the Preliminary. Assessment Rolls. same manner as, property taxes. The Board of Commissioners may modify or annul the Final Assessment Roll or any individual assessments. Ift the Board of Commissioners should choose to annul the Final Assessment Roll or any individual assessments, the County would be unable to recover the project funds spent repairing the roads and would After Mr. Shonka's presentation, there were no questions. Chair Isenhower opened the public hearing for the Final Assessment Roll for StoneCroft Subdivision. StoneCroft Road Improvement Neighborhood Facilitator Richard Pasqua came forward and read a letter expressing the neighborhood's appreciation for Catawba County Street Improvement Program and thanking Utilities & Engineering Director Peter Shonka and staff for their diligent work in managing the project. A copy of the letter was provided to the County Clerk. Laura have established a precedent of dedicating public funding to private road repair projects. 81 August 5, 2024, MB#57 Gargiulo came forward expressing concerns with the paving quality, stating there to be loose stones and raised and damaged pavement made by truck traffic. Ms. Gargiulo provided photos to the County Clerk. No one else came forward and Chair Isenhower closed the public hearing. Mr. Shonka responded to Ms. Gargiulo's comments in that he had not previously been aware of these concerns and will work with NCDOT and the contractor to address any issues. Commissioner Abernethy made a motion to adopt a resolution confirming the Final Assessment Roll for StoneCroft subdivision and authorize collection of the assessments. The motion carried unanimously at 7:18 p.m. The following resolution applies: RESOLUTION No. 2024-20 RESOLUTION CONFIRMING ASSESSMENT ROLL FOR STONECROFT SUBDIVISION AND LEVYING ASSESSMENTS WHEREAS, the Catawba County Board of Commissioners has on this day held a public hearing, after due notice as required by law, on the Final Assessment Roll for the improvement of. Jupiter Court, Taurus Drive and the portion of Sagittarius Circle not already in the NCDOT Secondary Road Maintenance Program WHEREAS, the Board has heard all those present who requested to be heard, and has found the NOW, THEREFORE BE IT RESOLVED by the Catawba County Board of Commissioners that: 1. The. Assessment Roll for the improvement of Jupiter Court, Taurus Drive and the portion of Sagittarius Circle not already in the NCDOT Secondary Road Maintenance Program located in StoneCroft subdivision is hereby declared to be correct, and is hereby confirmed in accordance with NCGS 2. The Board, pursuant to authority conferred by Chapter 153A, Article 9 of the North Carolina General Statutes, does hereby levy assessments as contained in the Assessment Roll shown on Attachment A, 3. The Catawba County Clerk is hereby directed to deliver to the Catawba County Tax Administrator the 4. The Catawba County Tax Administrator is hereby charged with collection of the assessments in 5. The Catawba County Tax Administrator is hereby further directed to publish once on the 27th day of August, 2024, a notice of confirmation of the Assessment Roll, which notice shall set forth the terms of payment of the assessments such that any assessments contained in the Assessment Roll may be paid in full, without interest to the Catawba County Tax Administrator on or prior to August 5, 2025, or any property owner may elect to pay the assessment in ten (10) annual installments bearing interest at the rate of 1.5% per annum, the first installment with interest due and payable on August 6, 2025 and the succeeding installments with interest due and payable on the same date in each succeeding year located in The StoneCroft subdivision; and Assessment Roll to be proper and correct. $153A-195. attached hereto andi incorporated herein by reference. Assessment Roll. accordance with the procedure established by law. until the assessment is paid in full. Adopted this 5th day of August, 2024. Attachment. A 82 August 5, 2024, MB#51 PIN LRK Owner 368616931579 802418 BARRY! KYLE ROBERT 368616934401 801610 GARGIULOI MICHAEL JOSEPH 368616924900 802394 CIAMPAGLIACALEB 368616839638 802403 ADAMS SHAYNE THOMAS 368616838353 802400 NOAKESDAVID OWEN 368616945100 802410 EDDY TRAVISM 368616932637 802417 STEINBERG JACKR 368616943098 802409 MARTIN DEANNA 368616935106 802424 GARGIULOI MICHAELL 368616930856 802405 DILLING DAVIDS 368616935812 802414;SATIRO JAMES 368616934212 802423 GARGIULO MICHAELL 368616932785 802416 PRIDGENJ JAYA 369603013708 802439 HUTER JILLL UTTLE 368616933228 802422 RABB CHRISTOPHERI JORDAN 368616933541 801611,SMITHI JULE 368616838437 802401 ROE CLENNONII 368616942096 802408 GAYJ JUSTIN 368616923929 802395 CIAMPAGLIA CALEB 368616839797 802404 BENFIELD GREGORY DALE 368616942002 802407/RENNOI DOUGLAS SCOTT 368616931460 802420 GRAVES. JARED D 368616932344 802421 MONTEMURNOI PETERN M 368616931550 802419 EDMONSON JAMESW 368616934621 801612 MANNING SPENCERO 368616937891 801615 CARTY MARY. JANE 368616935752 801614 TOOLE WILLIAMRJR 368616946028 802411 BROOKS JOHN 368616938730 801616 MOOSE ANNE BLFI 368616935682 801613 WILSON DAVID 368616946090 802412 LAPSLEY SAMUEL B 368616937972 802413 THOMPSON! KATHRYN 368616935333 801609 GARGIULOI MICHAELL 368616920591 802383 HUTER JILLI LITTLE 368616927741 802429 WARD BRANDON 368620929183 802435/DEIBEL EVAL 368616926970 802427/LIPE JASON 368616924758 802393 POOVEY GLENNE 368616925524 802391 BIEKSZAJ JESSE WILLIAM 369603012932 802438 HUTER. JILLL LITTLE 369603021052 802437 HUTER JILL LITTLE 368620924372 802380 HUTERJ JILLI LITTLE 368616936030 802426 BORKOWSKI KIMBERLY 368616935099 802425 SMITH DIANA RAE 368620926323 802379 HUTER JILLI LITTLE 368616927811 802428 RHEAE BRIANJ 368616924697 802392 TAYLOR GEORGE JUDSON 368616927671 802430 HALE TIMOTHY GEORGE 368616920611 802384 HUTERJ JILLI UTTLE 368616923630 802390 CAMPBELLKELIY 368616828838 802386 SEBAZCOI MICHAEL JOHN 368620921490 802382 HUTERJ JILLI LITTLE 368620926132 802378 HUTER LISA UTTLE AKA HUTER JILLI UTTLE 368620918906 802377 FOXE BRIANI MATTHEW 368620923345 802381 HUTER JILLE UTTLE 369603010792 802373HUTER JILLI LITTLE 368616838095 802387/SEBAZCON MICHAEL! JOHN 368616839274 802399 HEATH FAMILY LEGACY TRUST 368616932025 802396EADES. JASONM 368616931141 802397,FEDEROWICZI DANIEL 368616921868 802388 EWING SANDRA A 368616936458 801608 PARSONS CHARLESA 368620929473 802431JEWETT GINA 368620919863 802375/CHANEY DAVIDJ 369603011569 801050TAYLOR: RICKYD Owner2 BARRY SARAHY YVONNE CIAMPAGLIA' VERONICAC ADAMSJENNA! BENFIELD TAYLORAVALON CHENOA ELIZABETH EDDYI MCKENZIE STEINBERGI PATRICIA OSMANJ JAMESII GARGIULOLAURAA SATIRO CHRISTINA D GARGIULOLAURAA PRIDGEN LYNN M ROCKETTI TERA LITTLE RABBE EMERALDP ROE LASHAWNA GAYA AMBERN NICOLE CIAMPAGUIA VERONICAC BENFIELD ANITAMARTIN RENNO KIMA ANN GRAVESNATHAUE G MONTEMURNO CHRISTINE EDMONSONI JULES MANNING LYNNELL DAWN TOOLE SHEILAM LAPSLEY MELODY LARIE GARGIULOLAURAA ROCKETT TERALITTLE WARDI DANIELLE LIPE SHANNAO POOVEY SHANDAT SHRYNE KATHRYN ROCKETT TERALITTLE ROCKETT TERAL UTTLE ROCKETT TERAI LITTLE MULLERY REBECCAP BUSH STACEY LEIGH ROCKETT TERA UTTLE RHEA. ANGELAK TAYLORLINDA. JOAN HALE UNDAS ROCKETT TERAL LITTLE CAMPBELL DONNA SEBAZCO EMILY ROCKETT TERAL LITTLE ROCKETT1 TERA LITTLE ROCKETTTERA! LITTLE ROCKETTT TERA UTTLE SEBAZCO EMILY HEATH MARCIAA A1 TRUSTEE EADESTANIA FEDEROWICZIAUREN FINGER JOSEPHL PARSONS CLAREL CHANEY DEIDREV TAYLORMEUISSAA 83 Parcel Address Lumps Sum Annual SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,A30.89 $480.46 SAGITTARIUS CIR $4,A30.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,A30.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,A30.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,A30.89 $480.46 TAURUSDR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 TAURUSDR $4,430.89 $480.46 TAURUSDR $4,430.89 $480.46 TAURUSDR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 TAURUSDR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 TAURUSDR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 TAURUSDR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 TAURUSDR $4,430.89 $480.46 SAGITTARIUS CIR $4,430.89 $480.46 GRASSY CREEKRD $4,430.89 $480.46 JUPITERCT $4,430.89 $480.46 JUPITERCT $4,430.89 $480.46 JUPITERCT JUPITERCT TAURUSDR $4,430.89 $480.46 $4,430.89 $480.46 $4,430.89 $480.46 $4,430.89 $480.46 $4,430.89 $480.46 368616922754 802389 PASQUAI RICHARD ANTHONY JOINT LIVING TRUST PASQUA ELAINE MARIA JOINTI LIVING1 TRUST TAURUSDR TAURUSDR TAURUSDR TAURUSDR $4,430.89 $480.46 August 5, 2024, MB#57 A copy of the StoneCroft subdivision map is hereto attached: CATAWBA COUNIY UTILITIES & ENGINEERING STONECROFT SUBDIVISION Roud Improvement Project catawba MATIRS. UVIRS. county BIIIR. Geeks, Sireoms ParcelA Address Stuctues Stonecofts Subdivision 10. Consent Agenda. AleodyinDOT lindegcls Molet NORTH County Manager Mary Furtado presented the following five items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the consent agenda for a. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve an Engineering Services Agreement with Withers Ravenel for improvements to the Mollys Backbone Rd. and Brown Chapel Rd. Pump Stations in the amount of $434,100.00; and authorize the County Manager to Municipal wastewater from Southeastern Catawba County (SECC) is pumped through a series of sewage pump stations to the Hickory-Catawba Wastewater Treatment Plant. This part of the County is developing rapidly and we are in need of upgrading most of the pump stations in the SECC. This request is for upgrades In. January of 2023, the County accepted Statements of Qualifications from Engineering Firms for Master Services Agreements for On-Call Water and Sewer Engineering/Planning Services. At that time, Master Services Agreements were executed with four engineering firms, including Withers Ravenel. The scope of the proposed project is focused on the need to expand pumping capacity of the Mollys Backbone Rd. and Brown Chapel Rd. Pump Stations and the associated force main system in the Southeast Catawba County Sewer System. These upgrades were anticipated in the original pump station design through addition of space for a third pump at each station. In addition to increasing pumping capacity, these pump stations are 16 years old and are in need of routine repairs typical for pump stations of this age. These improvements will maximize the average daily capacity of the existing force main pipelines. individual consideration. None was requested. execute this Agreement and all associated documents with' Withers Ravenel. tot the Mollys Backbone Rd. and Brown Chapel Rd. Pump Stations. 84 August 5, 2024, MB#57 The proposed agreement includes professional engineering services for development of design documents, permitting, development of bidding documents, conducting a formal competitive bidding process, and Funding for these pump station upgrades was approved in the fiscal year 24/25 budget in the amount of construction observation and administration services. $2,000,000. Therefore, no additional appropriations are needed. b. The Finance and Personnel Subcommittee recommended the Board of Commissioners: 1. Adopt the following proposed revisions to the American Rescue Plan Act Project grant ordinance and associated budget amendments: a. Fiscal Year 2023/24 b. Fiscal Year 2024/25 - Appropriate $1,555,000 in ARPA funds for hiring above pre-pandemic levels for Close two existing projects (HVAC Upgrade Newton Library $16,227 and Ambulance Remounts $39,394.77), freeing $55,621.77 in ARPA funding for li. Reduce three existing projects (Buffalo Shoals Water $244,000; Hickory/CatawDa WWTF Expansion $100,000; and HVAC DSS Main $189), iii. Appropriate $54,947.89 in ARPA funding to the Business Highway 16 Waterline iv. Amend the project ordinance to reflect $475,000 in funds appropriated with the V. Appropriate $536,354.70 in ARPA funds for hiring above pre-pandemic levels the 2nd half of Fiscal Year 2023/24. other eligible uses; freeing $344,189 in ARPA funding for other eligible uses; project; Fiscal Year 2024/25 budget; and for anticipated expenditures during 2024/25. 2. Appropriate $2,091,354.70 in previously approved local funds made available by the transactions above to the Enterprise Resource Planning /F PeopleSoft Upgrade Project. a. FY23/24 amendment of $1,555,000 b. FY24/25 amendment of $536,354.70 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 BOC as necessary. Today's requested action involving ARPA dollars consists of project closures, project reductions, ordinance amendments to reflect transactions occurring with FY24/25 Budget adoption, and increased project appropriations. These actions, if approved, The US Treasury's Final Rule related to ARPA funding allows local governments to use 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 a formula provided by US 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 determined the County could fund up to 47 FTES using this authority, subject to the actual number of FTES the County has added since March 3, 2021. At its April 17, 2023 meeting, the Board of Commissioners Staff requested the Board appropriate and authorize draw-down of $1,555,000 in hire above the base expenses during Fiscal Year 2023/24. Additionally, staff requests the Board obligate the remaining $1,011,354.70 in ARPA funds towards anticipated eligible expenses for hire above the base during Fiscal will complete the County's draw-down off federal ARPA funds totaling $30,990,911. Treasury. established "Hiring above the Pre-Pandemic Baseline" as an ARPA funded project. 85 August 5, 2024, MB#57 Year 2024/25. This total includes $475,000 appropriated with the Fiscal Year 2024/25 budget and syncs up The Board previously funded two projects that are now complete and two water projects that will not require Staff recommended the following projects be closed and the funding freed for other purposes: the ARPA grant ordinance with the budget. the fullf funding amount previously appropriated. Close HVAC Upgrade Newton Library - $300,000 originally appropriated, with $283,773 in total Close Ambulance Remounts - $875,000 originally appropriated, with $835,605.23 in total expenses, Reduce Buffalo Shoals Water $500,000 originally appropriated, with $256,000 encumbered to Reduce Hickory/Catawba WWWTF Expansion - $1,500,000 originally appropriated, with $1,400,000 encumbered to complete the project, resulting in excess ARPA funds of $100,000. Reduce HVAC DSS Main Project $480,000 originally appropriated, with $478,811 encumbered to The total amount of funding freed with these actions is $399,810.77, which is available for other purposes. In November 2021, the Board appropriated $2.5M to the Business NC Highway 16 Waterline Project, which will construct 8,500 linear feet of 12-inch waterline. Required easements across private properties have been acquired, the project has been bid, and the lowest responsible responsive bid was $2,169,964, resulting in a funding gap of $54,947.89. Staff requested appropriation of $54,947.89 in ARPA funds to Ifapproved, the "hire above the base" amendments would free local dollars previously budgeted to support these positions for other uses. The County has used PeopleSoft as its Enterprise Resource Planning (ERP) software for Human Resources, Finance, Purchasing, and Budget since 1999. Oracle's long-range plan indicates PeopleSoft support will end in 2033. The County targets having a new system implemented by 2030. Based on the magnitude and complexity of this major system replacement, staff is beginning project work now in order to take advantage of current staff's institutional knowledge. Knowing the county must switch to a new ERP system in the near future, staff recommends $2,091,354.70 in available funds freed by use of ARPA dollars be set aside now towards this known future cost. The ERP System Replacement Project was previously established as a capital project, with a current available balance of $1,000,000. If approved, the additional appropriation will bring the total project balance to $3,091,354.70. expenses, resulting in excess ARPA funds of $16,227. resulting in excess ARPA funds of $39,394.77. Staff recommended the following projects be reduced and the funding freed for other purposes: complete the project, resulting in excess ARPA funds of $244,000. complete the project, resulting in excess ARPA funds of$189. complete the project. The following ordinance applies: ORDINANCE#2 2024-6 Grant Project Ordinance for Catawba County American Rescue Plan Act of2021: Coronavirus State and 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 hereby adopted: 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 for the following categories of 1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, expenditures, to the extent authorized by state law: behavioral healthcare, and certain public health and safety staff; 86 August 5, 2024, MB#57 2. Address negative economic impacts caused by the public health emergency, including economic harms tow workers, households, small businesses, impacted industries, and the public sector; 3. Replace lost public sector revenue, using this funding to provide government services to the extent of 4. Provide premium payf for essential workers, offering additional support to those who have borne and will bear the greatest health risks because oft their service in critical infrastructure sectors; and, 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access too clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to Section 2: The following amounts are planned by project with revenues and expenses previously the reduction in revenue experienced due to the pandemic; broadband internet. appropriated or planned in upcoming budget actions for the project: Date of Board or Planned Action 11/17/21, 8/7/23, 11/21/22, closed 8/4/24 11/17/21 11/17/21 9/19/22 9/19/228 & 4/17/23, closed 8/4/24 11/21/22 $188,000on 11/17/21; FY22/23 8/7/23 $225,000on 11/17/21; FY22/23 Budget; closed 8/7/23 Expenditure Category (EC) Appropriation/ Commitment of Appropriation CSLFRF Internal Grant Project Project Name 1,4.EMS-Stenlization Sterilization/ 1.4.HVACDSSMain Social Services Cost Object 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 Code EMS Disinfectant HVAC upgrade HVAC upgrade Newton Library Jail Body Scan Machine Public Safety System COVID-19 Claims FY21-22 Ambulance Emergency Radios EMS Supervisors Narcotics Officers $21,010.92 closed 8/7/23 $479,811.00 reduced 8/4/24 $283,773.00 $169,500.00 $15,800.00 $598,943.00 $835,605.23 $975,000.00 $218,023.00 1.4.HVACLiDMain 1.4.JaiBodyScan 4PSinventonysysm Inventory 1.6 HealthcareClaims Healthcare 1.7 AmbulRemounts Remounts (4) 1.7.Radios Upgrade Response 3.1.EMS.Supv $63,418.00 Budget; closed 9238,837.82 $19,308.04 $71,027.31 3.1.NarcOfficers 87 August 5, 2024, MB#57 4/17/23; 7/1/23, FY23/24 Budget & 8/7/23 ordinance, 3/4/24, 7/1/24 FY24/25 Budget & 8/4/24 ordinance 8/1/22, reduced 8/4/24 FY23/24 Budget- ordinance 8/7/23 11/1/2021, 8/4/24 9/19/22; 8/7/23 11/7/22, 11/1/21; 5/16/22; 8/1/22 FY21/22 Budget, reduced 4/17/23 5/16/22 $49,000on 11/17/21; FY22/23 Budget, closed 8/7/23 Hire /Rehire Above Pre- Pandemic Base 3.2.Hire/Rehire 3.2 Salaries/ $6,894,780.70 Benefits Buffalo Shoals Road' Water Maiden Loop Water Old Hwy 16 Waterline Broadband GREAT Grant Match Hickory/CatawDa WWTF Expansion McLin Creek Sewer Extension ( Claremont Broadband Mapping Revenue Capital 5.11 Project # 28004 Capital 5.11 Project # 27008 Capital 5.11 Project # 28001 Funding 5.19 Match- GREAT Grant Capital 5.2 # Project 21028 Capital 5.2 Project # 23005 5.19 Contract/ Services Salaries/ / 6.1 Benefits Salaries & 7.1 Benefits 5.11.BuffShsRdWater 5.11.MaidenWater 5.11.NC16Water Lumen 5.2 Hky/Catawba WWTF 5.2.McLinSwr/ Clarmnt $256,000.00 $1,510,000.00 $2,554,947.89 $800,000.00 5,19.BrdbndGREAT- Expansion- $1,400,000.00 reduced 8/4/24 $3,500,000.00 $49,750.00 $10,000,000.00 $35,186.09 $30,990,911.00 $0.00 $30,990,911.00 521.BrdbndAssess Assessment and Government Services Replacement 6.1.Provision of 7.1.GrantsMgr Grants Manager Assigned Unassigned Total Section 3: The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records Section 4: Copies of this grant project ordinance shall be furnished to the Budget Officer, the Finance Officer tos satisfy the requirements of the grantor agency and the grant agreements. and to the Clerk. 88 August 5, 2024, MB#57 Section 5: This grant project ordinance expires on December 31, 2026, or when all the CSLFRF have been obligated and expended by the County, whichever occurs sooner. This the 5th day of August, 2024. C. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve a combination deed combining the landfill property into one parcel for taxi mapping purposes. The landfill is currently comprised of approximately 17 separate parcels. Combining the parcels into one parcel with one parcel identification number would expedite the permitting process, help with facility plan development, and improve recognition of landfill property on GIS. A map including Blackburn Landfill properties to be combined is hereto attached: 89 August 5, 2024, MB#57 SBATONR BLACKBURN LANDFILL Properties to be Combined catawba county MAKING. LIVING. BEITER. MIRROGWN 700996 Blackburn Londfill Parcels Duke Power Easemenis Londfil Properties tob be Combined (with LRK) NORINE linche equals 700leet auueeLe 90 August 5, 2024, MB#57 d. The Policy and Public Works Subcommittee recommended the Board of Commissioners approve a On July 17, 2024, CVMC purchased a vacant parcel in Bethlehem (Alexander County) that has a shared easement to access the lot. The easement is not on the property purchased by the hospital, but CVMC has the right to use the dedicated driveway (if constructed). IfCVMC wants to construct the driveway on its own and the granting property owner does not want to participate financially in that activity, CVMC would be fully responsible for the cost. Ift the hospital and the granting property owner develop their property and construct the drive, they share construction and maintenance costs based on the proportional square footage of their parking areas and roofed buildings in relation to the total paved parking and roofed buildings on both tracts. Ifapproved, the County would not be granting any property rights to another party, but on behalf of CVMC is committing to pay for all or a portion of the improvements and maintenance of the driveway, should it be constructed. No County dollars would be involved in that transaction, as CVMC operates as a stand-alone Declaration of Easement for property recently acquired by CVMC in Alexander County. business. A following Declaration of Easement applies: 91 August 5, 2024, MB#57 Prepared by and after recording return to: Gregory D. Huffman Patrick, Harper & Dixon, LLP P.O. Box 218 Hickory, North Carolina 28603 NORTH CAROLINA ALEXANDER COUNTY day of DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS (this Declaration") is executed as of the ("SMP"), and BETHLEHEM PROPERTIES, a North Carolina general partnership ("BP") (SMP and BP are collectively the "Lot 3 Owners" or the "Declarants"), and CATAWBA COUNTY, a North Carolina body politic, on behalf of CATAWBA VALLEY MEDICAL 2024, by SMP INVESTMENTS, INC., a North Carolina corporation CENTER ("CVMC"). RECITALS: WHEREAS, thel Lot 3 Owners are the owners of the property described as "Proposed 60 Right-Of-Way" and "Lot 3" on that plat recorded at Plat Book 18, Page 201, Alexander County Registry (the "Plat"); WHEREAS, CVMC is the owner ofLot2 2 as shown ont the Plat; WHEREAS, Declarants desire to create for the benefit ofLot 3 and Lot 2a1 non-exclusive easement of access, ingress, and regress from NC Highway 127 over and using the Proposed 60' NOW THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Declarants and CVMC do hereby agree, give, grant, bargain, declare and subject Lot 2 and Lot 3 to the Right-Of-Way; following: 92 August 5, 2024, MB#57 1. Definitions. The following terms shall have the following meanings as used in this Declaration: a. "Access Easement" shall have the meaning set forthi in Section 2. b. "Access Easement Area" shall refer to the Proposed 60' Right-Of-Way C. "Access Easement Improvements" shall refer to the construction of a d. "Easement Area" shall collectively: refer to the Access Easement Area and e. "Lots" mean Lot 2 or Lot: 3 as the same may be subdivided or recombined. f. Maintenance Costs" shall have the meaning set forth in Section 4 of this g. "Owners" shall mean the Lot 3 Owners, CVMC, and their respective 2. Access Easement. The Lot 3 Owners do hereby give, grant, bargain and declare for the benefit of the Owners of Lot 2, and its successors in title, a nonexclusive, perpetual easement for vehicular and pedestrian access over and across the Access Easement Area, including, without limitation, ingress, egress and regress, from and tol NCI Hwy 127. The Access Easement shall include a non-exclusive, perpetual easement for the drainage of stormwater and runoff from any roadway constructed within the Access Easement as part of the Access Easement Improvements, including any required curbing, guttering, storm drains and drainage sixty feet in width running from NC Highway 127 along the northern boundary of Lot 2 and terminating at the western line ofLot 3 as shown on thel Plat. roadway and related improvements, ifa any, located int the Access Easement Area. Access Easement. Declaration. successors and assigns. pipes, ditches, erosion control and thel like. 3. Improvement of Access Easement. a. Either the Lot 3 Owners or CVMC may, on their own and at their own cost, construct the. Access Easement Improvements and the like toi improve the Access Easement Area to make it usable for a construction entrance to improve their respective properties or for use by retail or other commercial development. Any unilateral improvement shall be the sole cost of the party installing thei improvements. Ini no event shall any improvements impede either Improvements, such costs shall be split based on the relative unimproved acreage of the parties (ifi no improvements to their respective Lots have been made), and if the parties have improved their Lots, their respective share of costs shall be based upon the square footage of any building(s) under roof plus paved parking areas and drives (the "Pro Rata Share"). party from utilizing the Access Easement. b. In the event, the parties collaborate to construct the Access Easement 2 93 August 5, 2024, MB#57 C. The initial cost of construction of the Access Easement Improvements, shall not be a Maintenance Cost. 4. Maintenance and Repairs. a. Allocation of Maintenance Costs. Equal Share. Subject to the qualifications and limitations provided int this Section, the Lot3 Owners and Lot 2 Owners shall share the Maintenance Costs on a 50/50 basis if their respective Lots are unimproved (with no structures or paved areas). Upon the completion of thei installation ofai roof on any improvements located on a Lot or the completion ofa paved or concrete parking area, or both, then the Owners oft the Lots shall commence, on the date of the completion of the installation of such roof or such parking area, paying its Pro Rata Share of the Maintenance Costs, arising and applicable to periods thereafter, for the Access Easement Improvements. Notwithstanding the forgoing, ife either Lot Owner or its employees, contractors or agents damages the road or any other improvement, such Lot Owner shall be reasonable commercial efforts to cooperate in the payment of costs hereunder in a timely manner. Any owner ofal Lot who does not pay its costs directly to a contractor shall reimburse the paying Owners for their share of the payments within ten (10) days after delivery by the paying owner(s) of written demand therefore supported by paid invoices reasonably solely responsible fort the cost of repair. ii. Time of Payment. The Owners of each such Lot shall make substantiating such costs and expenses. iii. SelfHelp. (A) In the event that the owner of the any Lot fails to perform any reasonably requested maintenance, repair or replacement Access Easement Improvements required to be made by the other Owners of the within thirty (30) days after written demand therefor from the demanding Owners, then such demanding owner may perform the maintenance, repair or replacement for such item and obtain reimbursement from the non- demanding Owners of the on the same basis that the demanding Owners would otherwise have the event of an emergency and obtain reimbursement from the other Owners of the Lots on the same basis that they would otherwise have been entitled under Section 3(b)(ii). been entitled under Section 3(b)(i1). (B) Either owner may perform maintenance, repairs ori replacements in 5. Responsibility for Damage. Notwithstanding any provision of this Declaration to the contrary, each owner ofa a Lot shall be liable to the other Owners of the Lots for any damage to any of the Access Easement Improvements or any Access Easement Area arising from the gross negligence or intentional misconduct of such owner or the agents, contractors, tenants, licensees, guests andi invitees of such owner. 6. Standards for Performance of Work. 3 94 August 5, 2024, MB#57 a. Reserved. b. Each owner of a Lot who performs any work in any Easement Area established in this Declaration agrees to have any such work performed in a workmanlike manner and to promptly pay for all work toj prevent any labor or materialmen's liens from being asserted against the Access Easement Area. Ifany such lien is filed, the owner of the Lot who had the work performed will cause the lien to be removed by payment or posting ofbond within another Lot, then such owner shall be responsible for restoring such other Lot to its condition 7. Parking. Nothing contained in this Declaration shall be construed as creating any parking easements or otherwise to grant any right to any owner of any Lot to park upon the Lot 8. Estoppel Certificates. Each owner ofal Lot shall within fifteen (15) days after the written request of any other owner ofa Lot, certify by a written instrument, duly executed and acknowledged, to any purchaser or proposed purchaser, or mortgagee or proposed mortgagee, or any other party specified in the request: () whether this Declaration has been supplemented or amended, and if sO, the nature of the supplement or amendment; (ii) whether the owner providing the estoppel certificate is in material breach and, to such owner's knowledge, there exists any material breach by any other person under this Declaration, and ifs so, a description of that breach; (ii) whether the owner providing the estoppel certificate, or to such owner's knowledge any other person, has any offset, defense or counterclaim as toi the performance ofthe obligations under this Declaration, and ifs so, a description of the nature and amount of any such offset, defense or counterclaim; and (iv) such other matters as may reasonably be requested of 9. Binding Effect/Not a Public Dedication. The easements and rights under this Declaration shall inure to the benefit of and bind the Owners from time to time of the Lots described herein, or any portion or portions thereof, and their respective heirs, successors, grantees and assigns and shall run with the land. The rights and easements herein granted to each of the Owners ofal Lot or Lots, or any portion or portions thereof, may be assigned (without any obligation to obtain the consent of any other owner of one or more ofthe Lots), from time to time, by such Lot owner, in its discretion, to the guests, employees, agents, independent contractors, customers and invitees of the owner of any Lot and its tenants, subtenants, licensees and their guests, employees, agents, independent contractors, customers and invitees; provided, however, no owner ofa Lot shall have the right to dedicate for public use any of the easements established under this Declaration without the written consent of the Lot 3 Owners and Lot 2 10. Affirmation of Rights. Nothing in this Declaration shall limit the rights of the Owners of the Lots to further subdivide or recombine the Lots and no such subdivision or recombination shall result in the loss of any rights granted or reserved under this Declaration. fifteen (15) days of notice of filing. prior to when such work was performed. C. To the extent that any owner ofa Lot has the right to perform any work on ofany other owner. such certifying owner. Owners. 4 95 August 5, 2024, MB157 Nothing in this Declaration shall limit the rights of the Owners of any of the Lots to grant or reserve additional easements over, under and/or across any such Owners Lot, for the benefit of other Lots. This Section is not intended to limit any rights, of the Owners of the Lots, not 11. Entire Agremen/Modification and Amendment. This Declaration is the entire agreement of the parties with respect to the subject matter of this Declaration. This Declaration shall not be modified or amended without the written agreement oft the Owners of the Lots and any such modification or amendment must be in writing and recorded in the Office of the Register of Deeds ofthe County in whichi the property described in this Declaration is located. 12. Authority/Title. The parties hereto acknowledge that they have the authority to enter into this Declaration. The parties hereto do not make any representation or warranty as to 13. Enforcement Each owner of the Lots, and each of their respective heirs and/or successors and assigns and successors in title, shall have the right to enforce, by any proceeding at law or in equity, the easements, rights and obligations contained in this Declaration; provided, however, no owner of any Lot shall have the right tot terminate or suspend (i) this Declaration, or (ii) the rights of any owner ofa Lot to use the easements contained in this Declaration, as the result of a default by any owner, even the defaulting owner. This limitation on remedies is not intended to prevent the use of any remedies including, without limitation, equitable remedies, such as injunctions, to enforce this Declaration to prevent improper use ofany easement. 14. Caption Headings. The headings and captions used in this Declaration are for convenience only and shall not be deemed to limit, amplify or modify the terms of this 15. Governing Law. This Declaration shall be construed in accordance with the laws 16. Separate Counterparts. This Declaration may be executed in separate counterparts by the parties hereto each of which upon delivery shall be taken together to 17. Attorney's. Fees. In the event that any owner ofal Lot fails to fulfill its obligations under this Declaration and any other owner ofal Lot commences an action for enforcement, then the non-prevailing party shall be obligated to pay the prevailing party's reasonable attorney's expressly: recognized herein. thet title ofthe Lots. Declaration. oft the State ofl North Carolina. constitute one document. fees. [SIGNATURES BEGIN ONI NEXTPAGE.] 5 96 August 5, 2024, MB#5 57 SMP INVESTMENTS, INC. Gary L. Sain, President By:. By:. Ronald L. Medlin, Vice President STATE OF NORTH CAROLINA COUNTY OF CATAWBA I,al Notary Public for said County and State, certify that Gary L. Sain, President of SMP Investments, Inc., a North Carolina corporation, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of 2024. My Commission Expires: Notary Public Print Name: (SEAL) [NOTARY SEAL] MUST BE FULLYLEGIBLE) STATE OF NORTH CAROLINA COUNTY OF CATAWBA I,a Notary Public for said County and State, certify that Ronald L. Medlin, President of SMP Investments, Inc., a North Carolina corporation, personally appeared before me this day and acknowledged the execution ofthe foregoing instrument. Witness my hand and official stamp or seal, this day of 2024. My Commission Expires: Notary Public Print Name: (SEAL) ée [NOTARY SEAL] MUSTB BEI FULLYLEGIBLE) Signature Page Declaration ofl Easements 97 August 5, 2024, MB#57 BETHLEHEM PROPERTIES aNorth Carolina General Partnership By: Ronald L. Medlin General Partner Gary L. Sain General Partner By:. STATE OFI NORTH CAROLINA COUNTY OF CATAWBA I,al Notary Public for said County and State, certify that Ronald L. Medlin, General Partner of Bethlehem Properties, a North Carolina general partnership, personally appeared before me this day and acknowledged the execution of the: foregoing instrument. Witness my hand and official stamp or seal, this day of 2024. My Commission Expires: Notary Public Print Name: (SEAL) [NOTARY SEAL] MUST BE FULLYLEGIBLE) STATE OF NORTH CAROLINA COUNTY OF CATAWBA I,a Notary Public for said County and State, certify that Gary L. Sain, General Partner of Bethlehem Properties, al North Carolina géneral partnership, personally appeared before me this day and acknowledgedi the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of 2024. My Commission Expires: Notary Public Print Name: (SEAL) [NOTARY SEAL] (MUSTBEI FULLYLEGIBLE) Signature Page Declaration of Easements 98 August 5, 2024, MB#5) CATAWBA COUNTY North Carolina Body Politic C.Randall Isenhower, Chair of Catawba County Board of Commissioners By:. Dale Stiles, Clerk STATE OF1 NORTH CAROLINA COUNTY OF CATAWBA I,al Notary Public for said County and State, do hereby certify that Dale Stiles personally came before me this day and acknowledged that he is County Clerk to the Catawba County Board of Commissioners, a Body Politic corporate in nature and that by authority duly given and as the act of the Body Politic, the foregoing instrument was signed in its name by its Chair, sealed with its Body Politic seal, and attested by herself as County Clerk. Witness my hand and official stamp ors seal, this day of 2024. My Commission Expires: Notary Public Print Name:, (SEAL) de [NOTARY SEAL] MUST BE FULLYLEGIBLE) 4893-8845-4857,V.3 Signature Page Declaration of! Easements 99 August 5, 2024, MB#57 A copy of the CVMC. Deed and Plat is hereto attached: 100 August 5, 2024, MB#57 Page 1of6 Type: DEED Recorded: 7/18/2024 3:35:27 PM Fee Amt: $1,026.00 Page 1of6 Revenue Tax: $1,000.00 Alexander, NC Scott H. Hines Register of Deeds Flle# BK 672 PG1810-1815 ALEXANDER COUNTY TAX COLLECTOR 07/18/2024 NO DELINQUENT TAXES NORTH CAROLINA SPECIAL WARRANTY. DEED Excise Tax: Parcel ID: Mail/Box to: Prepared by: Brief description for the Index: between: $1,000.00 140161 Grantee P.O. Drawer 2428, Hickory, NC 28603 Lot 2, PBI 18, PG201 GRANTOR Kevin C. McIntosh, Attorney, Young, Morphis, Bach &' Taylor, L.L.P. THIS SPECIAL' WARRANTY DEED ("Deed"): is made ont the Jth day of July 2024, by and GRANTEE SMPI INVESTMENTS, INC., aNorth Carolina corporation and BETHLEHEM: PROPERTIES, ANC General Partnership and Gary L. Sain and wife, Karen S. Sain** 9479 NCI Highway 127 Hickory, NC 28601 CATAWBA COUNTY, al North Carolina body politic f/b/o CATAWBA VALLEY MEDICAL CENTER, acounty owned non-profit hospital Hickory, NC: 28602 Ronald L. Medlin and wife, Marcial Bryd) Medlin** 810 Fairgrove Church Road SE FOR VALUABLE CONSIDERATION paid by Grantee, the receipt and legal sufficiency of which is acknowledged, Grantor by this Deed does hereby grant, bargain, sell and convey to Grantee, in fee simple, all Township, Alexander County, North Carolina and more particularly described as follows (the "Property"): Being all ofI Lot 2 consisting of approximately 2.00 acres as shown on a plat recorded in Plat Book 18, Page 201,4 Alexander County Registry, to which reference isl hereby made for a greater description THE DRAFTER OF THIS INSTRUMENT. HASI NOT CHECKED THE TITLETO: THEABOVE DESCRIBED PROPERTY AND MAKES NO CERTIFICATION AS TO TITLE. AND WAS NOT RESPONSIBLE FOR that certain lot, parcel of land or condominium unit in the City of Wittenburg ofs same. CLOSINGASALEOFTIE PROPERTY Submitted electronically by "Patrick Harper & Dixon L.L.P.". in compliance with. North Carolina statutes, governing recordable documents and the terms of the submitter agreement with the Alexander County Register of Deeds. 293235.1 Book: 672 Page: 1810 Page1 1of6 101 August 5, 2024, MB#:57 Page 2of6 All or aj portion oft the Property was acquired' by Grantor by instrument recorded in Book 0326, Page 809, See also, Assignment, Transfer and Conveyance of Interest in Partnership and in Rcal Estate recorded in Book **Marcia Byrd Medlin and Karen S. Sain execute this instrument to convey each of their marital interests, if All or aj portion oft thel Property Di includes or B does noti include the primary residence ofa Grantor, TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. Grantor covenants with Grantee that Grantor has done nothing to impair Buch title as Grantor received, and Grantor shall warrant and defend the title against the lawful claims of all persons 510, Page 2481, Alexander County Registry, any, in the Property. A map showing the Property ist recorded: inl Plat Book 18, Page 169. claiming by, under or through Grantor, other than the following exceptions: 1. Ad Valorem Taxes for 2024 and thereafter. 2. Matters ofs survey. 3. Casements, restrictions and rights of way of record affecting the Property. 4. Any matters ass shown onl Plat Book 18, Page 201. 5. Easements to Central' Telephone Company recorded in) Book 82, Page 610 and Book 88, Page 101. 6. Righto of Way to) Duke Power Company recorded. inl Book 85, Page 357. 7. Right of Way to State Highway Commission: recorded in Book 86, Page 50. IN WITNESS WHEREOF, Grantor has duly executed this Special Warranty Deed, ifa an entity byi its duly authorized: representative. [Signatures and Notary Acknowledgments. Appear on Following Pages.] Book: 672 Page; 1810 Page20f6 102 August 5, 2024, MB#57 Page 3of6 BETHLEHEM: PROPERTIES, al North Carolina General Partnership butinah Name: Ronald) L. Medlin Title: General Partner By: weuyhSa Name: Gary) LSain Title: General Partner STATE OF NORTH CAROLINA, COUNTYOF Latawbs TLAXalu following person(s) personally appeared before me ont the 29E35 of Julg Ronald L. Medlin, General Partner and Gary L. Sain, General Partner of the.above state and county, certify that the 2024 each acknowledging tor met that he signed the foregoing doçument, int the capacity represented and-ldentified therein Gif any): Affix Notary Seal/Stamp NOTARY PUBLIC o' couNT My commissione expires: ba-hoxs G Book: 672 Page: 1810 Page3 3016 103 August 5, 2024, MB#57 Page 4of6 Xoukimat: Name: Ronald L. Medlin Hai bplydbe Name: Marcia Byrd Medlin By Ronald Lane Medlin, AIF STATE OF NORTH CAROLINA, COUNTY OF. Aotausba following person(s) personally appeared before mec on the. 77aay of hully TERES2 L.ktl /Notary oft theabove state and county, certify that the to me that he and/or she signed the foregoing document, in the capacity xepresented and identified therein (if 2024 each acknowledging any): Ronald L. Medlin Affix NelaSealStamp NOTARY PUBLIC BA CQuis luliy Mycommisston expires:. 7073.b025 Gls STATE OF NORTH CAROLINA, COUNTY OF fotowha 1,Teresa L. Wheeler, a Nolary Public in and for said county and state, hereby, certify that that Ronald Lane Medlin, Attorey-in-Fact for Marcia Byrd Medlin, personally appeared beforei met this the 7Hayor3l 2024 and, being by me duly swom, says that he executed the foregoing and annexed instrument for the purposes therehh expressed for and on behalf of said Marcia Byrd Medlin and that by his authority lo execute and acknowledge said instrument is conlained document duly executed, acknowledged and recorded in the Office of the Register of Deeds for Alexander County, North ina Carolina, in Book 650, Page 288, and that this instrument was executed under and by virtue of the authority said given by document giving) him powero of attorey, Affix Notary Seal/Stamp MN L. WHS NOTARY PUBLIC o' HBA COUN "My 0barr GL Book: 672 Page: 1810 Page4 4of6 104 August 5, 2024, MB#57 Page 5of6 laykSan Name! Gary L.Sain Ramhdain Name: Karen S. Sain STATE OF NORTH CAROLINA, COUNTYO OF Aatessba TELES LAKSIN following person(s) personally appeared before me ont the. 2e Jslg Gary L. Sain and) Karen S. Sain Affix Notary Seal/Stamp MEN L. WAE NOTARY PUBLIG ) eAd COUNT oft the above state and county, certify that the 2024 each acknowledging tor me that he or she signed the foregoing document, int the capacity represented and identified therein Gif any): Signatarg) M'commission expiresi o3hor fhi Book: 672 Page: 1810 Page5of6 105 August 5, 2024, MB#57 Page 6of6 SMP INVESTMENTS, INC. al North Carolina Corporation By: laufkSart Name: GaryI L.Buin Title: President By: XhehThak Name: Ronald L. Medlin Title: Vice President STATE OF NORTH CAROLINA, COUNTY OF Catowoba TERESO L.WKSEN oft theabove state and county, certify that the following person(s) personally appeared before me ont the AEs of. lig 2024 each acknowledging tor me that he signed the foregoing document, in the capacity represented andidentified therein Gfany): Gary) L. Sain, President and Ronald) L. Medlin,) Vice! President of SMP Investments, Inc. Affix Notaxy Seal/Stamp WHE NOTARY PUBLIC HBA LcouNs My commission expires!_ 10/23 laoor dts Book: 672 Page: 1810 PageBof6 106 August 5, 2024, MB#57 HISAS ae HLION as 2N 107 August 5, 2024, MBW57 e. The Policy and Public Works Subcommittee recommended the Board of Commissioners approve the following donation of vehicles: a 2014 Toyota Prius Hybrid to Catawba Valley Community College; and a N.C.G.S. S 160A-279 authorizes the County to convey personal property to entities carrying out a public purpose without monetary consideration as long as the property will be used for a public purpose. The process begins with the governing board adopting a resolution authorizing the conveyance of the property and then the County publishing a ten-day notice summarizing the contents of the resolution. Ins support of its Automotive Systems Technology vocational education program, CVCC requests donation of az 2014 Toyota Prius Hybrid, VIN No. TDKN3DUSE0369825, with 212,641 miles, with an approximate value of $4,050.00 for use in its Emerging Transportation Technologies class. If the donation is approved, CVCC will use this hybrid vehicle to teach diagnostic procedures associated with emerging technologies in the N.C.G.S. S 160A-280 authorizes the donation of personal property to another governmental unit. The statute requires action by the governing body and posting of a public notice at least five days prior to the Catawba Valley Medical Center is in need of a vehicle for security purposes and has requested donation ofa 2018 Chevrolet Tahoe, VIN No. 1GNLCDECJR143323. with 114,219 miles and an approximate value of $5,500.00. If the donation is approved, Catawba Valley Medical Center will utilize this vehicle for hospital Catawba County has a local vehicle donation policy that supports local fire departments, rescue squads, public educational institutions, and police departments by making surplus vehicle donations available whena need is present and vehicles meeting that need are available. The two (2) vehicle donation requests being An alternative is to sell the vehicles on GovDeals, with total estimated revenues to the County of $9,550.00, 2018 Chevrolet Tahoe to Catawba Valley Medical Center. automotive industry. adoption of a resolution approving the donation. security. considered by the Board of Commissioners at this time meet these criteria. based on GovDeals selling points for vehicles of similar age, condition, and mileage. The following resolution applies: RESOLUTION No. 2024- 21 DECLARATION OF SURPLUS PROPERTY AND DONATION TO CLAREMONT RESCUE SQUAD, CATAWBA VOLUNTEER FIRE DEPARTMENT, CATAWBA VALLEY COMMUNITY COLLEGE AND CATAWBA VALLEY MEDICAL CENTER WHEREAS, pursuant to N.C.G.S. S 160A-279, the County has the authority to declare property no longer needed as surplus and donate said property to a nonprofit organization for which the County is authorized to WHEREAS, a 2014 Toyota Prius Hybrid, VIN No. TDKN3DUSE0369825 is no longer needed for any governmental use by Catawba County and pursuant to N.C.G.S. S 160A-279 said vehicle shall be donated WHEREAS, pursuant to N.C.G.S. S 160A-280 the County has the authority to declare property no longer WHEREAS, a 2018 Chevrolet Tahoe, VIN No. IGNLCDEC8JR143323. is no longer needed for any governmental use by Catawba County and pursuant to N.C.G.S. S 160A-280 said vehicle shall be donated WHEREAS, as required by statute a Public Notice was posted on the Catawba County website on July 30, appropriate funds SO long as the property willl be used for a public purpose; and toC Catawba Valley Community College to be used for a public purpose; and needed as surplus and donate said property to another governmental unit; and to Catawba Valley Medical Center; and 2024, five days prior to the adoption of a resolution approving the donation. 108 August 5, 2024, MB#57 THEREFORE, the Catawba County Board of Commissioners resolves that: 1. A 2014 Toyota Prius Hybrid is declared surplus property and the property will be donated to 2. A2 2018 Chevrolet Tahoe is declared surplus property and the property will be donated to Catawba Catawba Valley Community College without monetary consideration. Valley Medical Center without monetary consideration. 3. The Purchasing Manager shall be authorized to conduct the transfer of property. This the 5th day of August, 2024. f. Staff recommended the Board of Commissioners approve a refund of $354,119 to the City of Hickory The City of Hickory informed County staff of overpayments made to the County associated with the SECC revenue share agreement in the amount of $174,123. Additional revenue share payments totaling $179,996 were made to the County in error as the revenue share payments should have been submitted to Icard Township Water Corporation. Upon reviewing the revenue share agreements, as well as the documentation provided by Hickory, finance staff agree with the total refund amount requested of $354,119. Staff recommend a refund payment directly to Hickory versus adding to existing obligations due. The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously. $354,1191 for overpayment of Water and Sewer Revenues. 11. Other Items of Business. None. 12. Manager's Report. completed: Pursuant to Board authority granted to the County Manager, the following budget transfers have been Special Contingency Transfers: LSTA Grant Scholarship and State Aid-Library ARP Subaward Transfer From: 110-190100-691500 110-19010-994200 To: 110-810050-631202 110-810050-841202 110-810050-631916 110-810050-841051 Special Contingency Special Contingency $9,221 $9,221 $6,725 $6,725 $2,496 $2,496 State. Aid-Library ARP Subaward State Aid-Library ARP Subaward LSTA Grant Scholarship LSTA Grant Scholarship Transferring special contingency to recognize a $6,725 in additional State-Aid ARPA funding to go towards library capital projects and a $2,496 LSTA Grant Scholarship for library personnel to attend a professional The Catawba County ABC Board ("ABC Board") recommended the Board of Commissioners adopt a resolution approving the dissolution of the 2012 merger between the Catawba County ABC Board and the In2 2012, the Catawba County Board of Commissioners approved a resolution entitled Merger of Catawba County ABC Board" which authorized the consolidation of the ABC Board of the Town of Taylorsville and the conference out of state. 13. Attorney's Report. Town of Taylorsville's ABC Board. 109 August 5, 2024, MB#57 ABC Board of Catawba County. The Board consists of five (5) members appointed by the Catawba County Board of Commissioners and one (1) board member appointed by the Taylorsville Town Council. The The ABC Board of Catawba County stated dissolution of the merger would be economically beneficial to both Catawba County and the Town of Taylorsville and approved the dissolution of the merged board in June. Pursuant to North Carolina General Statutes, the Board of Commissioners must approve the Commissioner Cole Setzer made a motion to adopt a Resolution approving the dissolution of the 2012 merger between the Catawba County ABC Board and the Town of Taylorsville's ABC Board. The motion assets of the combined board became property of the Catawba County ABC Board. dissolution, along with the North Carolina Beverage Control Commission. carried unanimously. The following resolution applies: Resolution # 2024-22 Dissolution of Merged Catawba County and Town of Taylorsville ABC Boards WHEREAS, the Catawba County ABC Board (the' "ABC Board") merged with the ABC Board oft the Town of Taylorsville in 2012; and WHEREAS, the ABC Board has operated as a consolidated board since that time; and WHEREAS, the. ABC Board nowi finds it economically advantageous for both parties to dissolve said merger; WHEREAS, pursuant to state law, dissolutions of consolidated ABC boards must be approved by the local NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners, approval is hereby granted to dissolve the merger of the Catawba County ABC Board and the ABC Board oft the Town This Resolution was adopted in open session of a regular meeting of the Catawba County Board of 14. Adjournment. No further action was taken. Upon a motion by Commissioner Barbara G. Beatty which and government board and North Carolina Alcoholic Beverage Control Commission. ofTaylorsville. Commissioners held on the 5th day of August, 2024. unanimously carried, the meeting was adjourned at 7:30 p.m. Randy IsenhowerChair 822 Catawba County Board of Commissioners Oskhh Dale R. Stiles County Clerk 110