August 19, 2024, MB#57 Regular Session, August 19, 2024, 7:00 p.m. Catawba County Board of Commissioners Awards Elections Elections Early Voting Equipment. Legislative Goals NCACC 2025 Legislative Goals Resolution Ordinances Planning NCACC 2024 Civic Excellence in Innovation Award: Digital Setback and Site Plan Creator 112 08/19/2024 114 08/19/2024 116 08/19/2024 118 08/19/2024 118 08/19/2024 130 08/19/2024 120 08/19/2024 Catawba County's Project Budget Ordinance for the 2024 Urgent 2024 NC Housing Finance Agency Urgent Repair Grant Urgent Repair Procurement and Disbursement Policy Urgent Repair Assistance Policy (2024) Agreement WPCOG and Catawba County for Provision of Grant Repair Grant (2024-7) Management Assistance-Catawba County Urgent Repair Housing Project 132 08/19/2024 Presentations Plan Creator Public Comment Michael McRee Kimberly Turk Kenyon Kelly Sherrill Watkins Public Hearings Resolutions NCACC 2024 Civic Excellence in Innovation Award: Digital Setback and Site 112 08/19/2024 112 08/19/2024 5310 Urban and Rural Transportation Grants 112 08/19/2024 113 08/19/2024 116 08/19/2024 117 08/19/2024 112 08/19/2024 143 08/19/2024 143 08/19/2024 117 08/19/2024 142 08/19/2024 Public Transportation Program resolution 5310 (2024-23) NCACC 2025 Legislative Goals Resolution (2024-24) Declaration of Surplus Personal Property and Authorizing Sale by Electronic Public Auction (2024-25) Social Services Sheriff's Office Tax 5310 Urban and Rural Transportation Grants Declaration of Deputy Anthony Stafford's Badge and' Weapon as Surplus July Tax Refunds, Releases and Adjustments Utilities and Engineering Sale of Landfill Equipment by Public. Auction Construction Bid Award for NC Hwy 16 Waterline Extension Project 111 August 19, 2024, MB#57 The Catawba County Board of Commissioners met in Regular Session on Monday, August 19, 2024, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners 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 senhower called the meeting to order at 7:00 p.m., noting a quorum was present. Government Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer. Dale Stiles. 2. Commissioner Barbara G. Beatty led the Pledge of Allegiance. 3. Commissioner Cole Setzer offered the invocation. 4. Commissioner Robert C. Abernethy, Jr., made a motion to approve the Minutes from the Board's Regular Meeting of August 5, 2024. The motion carried unanimously. Chair Isenhower welcomed everyone present. 5. Recognition of Special Guests: 6. Public Comments. Michael McRee came forward and spoke about Juneteenth and DEI. Kimberly Turk came forward and thanked the Board for recognizing Juneteenth. Kenyon Kelly came forward and read' Strange Fruit." Sherrill Watkins came forward in opposition to Juneteenth and requested the monument on the grounds of the 1924 Chair Isenhower presented the 2024 NCACC Civic Excellence in Innovation Award: Digital Setback and Sit Plan Creator Award to Design and Implementation Team Members: Nathan Bost, Carissia Plyler, Alex Social Services Adult Services Program Manager Heather Ball requested the Board of Commissioners conduct a public hearing to consider submission of a grant for the enhanced mobility of seniors and individuals with disabilities (Federal Section 5310) to the NC Department of Transportation, and consider adoption of a proposed resolution authorizing the Social Services Director to submit the grant. 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 Grant funds since FY 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 areas is submitted to the Department of Transportation annually, and the grant for trip originating for urban areas is submitted to Catawba County will continue to contract with Western Piedmont Regional Transportation Authority (WPRTA aka Greenways) 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 Courthouse not be removed. 7. Presentations. Hayden, Maggie Gaughan and Fran Darnall. 8. Public Hearings. 2013. the Western Piedmont Council of Governments every two years. transportation is available. 112 August 19, 2024, MB#57 Catawba County is once again requesting a total of $250,000 for transportation originating in rural areas in FY: 25-26 and $300,00 for transportation originating from urban areas across FYs 25-26 and 26-27 ($150,00 The Department anticipates approximately 10,000 one-way trips will be provided to an estimated 60-115 individuals for the grant year. 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 opportunity and the choice to remain active and involved in the community. Ifthe Federal 5310 Grant funding is not available, the Catawba County Senior Nutrition Program would not, for example, 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. The Seniors Morning Out programs rely on the transportation provided by' WPTA (Greenway), funded by the Federal 5310 Grant. 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 28% 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 45% currently live alone. Last year, approximately 283 seniors participated in the program, and 24,157 meals were: served. Catawba County Social Services does not currently have an alternative way to keep the Seniors Morning Out programs active without the Federal 5310 Grant funding providing trips from both urban and rural areas. After Ms. Ball's presentation, there were no questions. Chair Isenhower opened the public hearing. With no one coming forward the Chair closed the public hearing. Commissioner Beatty made a motion to submit a grant for the enhanced mobility of seniors and individuals with disabilities (Federal Section 5310) to the NC Department of Transportation, and consider adoption of a resolution authorizing the Social Services Director each year). to submit the grant. The motion carried unanimously. The following resolution applies: PUBLIC TRANSPORTATION PROGRAM RESOLUTION FY2026 RESOLUTION Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. Applicant seeking permission to apply for Public Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local An motion was made by Commissioner Barbara G. Beatty and a second was not required for the adoption of 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 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 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 business enterprise program, and fully allocated costs WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds and will have match. the following resolution, and upon being put to a vote was duly adopted. responsible for administering federal and state public transportation funds; and Assembly to provide assistance for rural public transportation projects; and analysis); and different percentages of federal, state, and local funds. 113 August 19, 2024, MB#57 WHEREAS, non-Community Transportation applicants may apply for funding for Purchase-olservce WHEREAS, Catawba County Government 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 projects under the Capital Purchase of Service budget, Section 5310 program. Administration, as well as the provisions of Section 1001 ofTitle 18,U.S.C. WHEREAS, the applicant has or will provide all annual certifications and assurances to the State of North Carolina required for the project; NOW, THEREFORE, be it resolved that Director of Social Services of Catawba County Government 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 services. Dale R. Stiles, County Clerk, do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the Catawba County Board of Commissioners duly held on the 19th day of August, 2024. Adopted the 19th day of August, 2024 9. Department Reports a. Elections. this purchase. Elections Director Amanda Duncan requested the Board of Commissioners authorize the purchase of Ballot on Demand System from Election Systems and Software (ES&S) and appropriate $65,850.00 in support of During Early Voting, Catawba County uses Election Systems and Software (ES&S) equipment for ADA curbside voting and ExpressVote ballot-marking devices. With this system, the voter inserts a blank barcode-imprinted ballot card, and the ExpressVote prints the voter's selections after they are finalized on the screen. The voter inserts the printed ExpressVote ballot card to the DS300 tabulator to cast their vote. On July 31, 2024, the Catawba County Board of Elections had a meeting to discuss the Early Voting ExpressVote ballot-marking devices. During the discussion, the Board of Elections was made aware of the ability for counties that use ExpressVote to also use Balotar. Balotar is a Ballot on Demand System that prints the traditional paper ballot for physical hand-marking by the voter as needed. The current DS300 Board of Elections member David Hood proposed that the Board adopt this option, which passed 3-1, with The proposed purchase includes the software, computers, and printers. This investment will allow the voters to choose either the traditional paper ballot (currently used on Election Day) or the ExpressVote ballot marking device (currently used at early voting sites and for election day ADA requirements), based on voter tabulator has the ability to read both types of ballots. member Culbreath-Setzer dissenting. preference. SUPPLEMENTAL APPROPRIATION: Revenue: 110-190050-690100 Expense: 110-140050-870150 Fund Balance Appropriated Minor ITI Equipment $65,850 $65,850 114 August 19, 2024, MB#57 Vice Chair Austin Allran made a motion to authorize the purchase of Ballot on Demand System from Election Systems and Software (ES&S) and appropriate $65,850.00 to support the purchase. The motion carried Al letter from Catawba County Republican Party was provided thanking the Board for considering the request of the Catawba County Board of Elections for appropriations for equipment to custom print a hand marked unanimously. ballot available at all early voting sites. A copy of the letter is hereto attached: LICAN August 19, 2024 Dear County Commissioners, Iwantt tot thank youf for consideringt ther request of the Catawba County Board ofE Electionf for appropriations fore equipment toc custom print al handi marked! ballota availablez ata alle early voting sites.1 believe this willl helpa alleviate concerns regardingt thes security of theE Ballot Marking! Devices. Bye giving thec citizens, thec choice ast toh howt they wouldI liket tov vote, Ibelievei itwill bev veryi instructive tos seel how Ina addition, printing thel handi markedk ballotso ond demand wille eliminate excess unmarked ballots from sittinga around voting locations." Thisi is certainlyas stepi int ther right direction regarding elections security many voters choose thel hand marked! ballots. andt transparency. Thanky yout fory youra attention tot thisr matter. Robslbhmag Robert H. Meek. JR Chairman Catawba County Republican Party DébyT Thornburg Patriots United of North Carolina N 115 August 19, 2024, MB#57 b. County Manager's Office Legislative Session. Assistant County Manager Justin Merritt recommended the Board of Commissioners consider submittal of two potential legislative goals through the North Carolina Association of County Commissioners for the 2025 Every two years, in the months preceding the long session of the North Carolina General Assembly, the North Carolina Association of County Commissioners (NCACC) begins a grassroots process to develop the Association's legislative goals, which guides its advocacy efforts with both the state and federal governments. The process is designed to build consensus and maximize participation by counties across the state. The submission deadline for 2025-2026 proposals is early September, 2024. Proposed goals received prior to the deadline will be referred to the appropriate steering committee for review and consideration. The NCACC Legislative Goals Conference will be held in November, and the NCACC legislative agenda will be finalized by early December, in advance of the 2025 legislative session. Upon solicitation of potential goals from departmental staff on issues of state-wide applicability, the following 1. Seek legislation to have "Appendix D - Fire Apparatus Access Roads" removed from the mandatory section of the NC Fire Code and revert back to "optional" status, whereby each jurisdiction can 2. Seek legislation for clean water funds throughout the state and to hold chemical manufacturers producing emerging contaminants such as PFOA, PFOS, and other PFAS chemicals, and coal ash The Board was requested to consider these possible goals and provide staff with direction regarding The Board may add/removelalter the goals recommended above or opt not to submit any potential goals to Commissioner Beatty made a motion to submit two legislative goals by resolution through the North Carolina Association of County Commissioners for the 2025 Legislative Session. The motion carried unanimously. submittals were received: determine if implementation is a good fit for their community. producers financially responsible for cleanup and mitigation of pollutants. submittal to the NCACC. NCACC for consideration as statewide legislative goals. The following resolution applies: RESOLUTION: 2024-24 LEGISLATIVE GOALS CONFERENCE RESOLUTION APPROVING LEGISLATIVE GOALS AND: SUBMISSION OF SUCH GOALS TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS FOR CONSIDERATION ATI ITS WHEREAS all 100 counties are voluntary members of the North Carolina Association of County Commissioners, a membership organization that represents the interests of counties before the General WHEREAS every two years, before the long session of the General Assembly biennium, NCACC holds a Legislative Goals Conference to develop and approve legislative goals designed to protect and enhance the WHEREAS for its proposed goals to be considered at the Legislative Goals Conference for the 2025-26 General Assembly biennium, they must be submitted to the NCACC no later than August 23, 2024; and WHEREAS after deliberation, the Catawba County Board of Commissioners has determined the attached NOW, THEREFORE, BE IT RESOLVED, the Catawba County Board of Commissioners hereby adopts the attached legislative goals, incorporated herein by reference, and authorizes the Chairman of the Board or his Assembly; and interests of county governments and their citizens; and legislative goals represent the collective wishes of the Board; designee to submit the attached legislative goals to the NCACC. 116 August 19, 2024, MB#57 Adopted this the 19th day of August 2024. The following approved Legislative Goals apply: Catawba County Board of Commissioners Approved Legislative Goals 1. Seek legislation to have "Appendix D = Fire Apparatus Access Roads" removed from the mandatory section of the NC Fire Code and revert back to "optional" status, whereby each jurisdiction can determine if 2. Seek legislation for clean water funds throughout the state and to hold chemical manufacturers producing emerging contaminants such as PFOA, PFOS, and other PFAS chemicals, and coal ash 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 adopt the proposed resolution declaring a 2016 Caterpillar D8 Crawler Dozer surplus to be sold, with the proceeds deposited in the Solid Waste Enterprise Fund, and authorizing the Purchasing Manager to sell the property The 2016 Caterpillar D8 Crawler Dozer was purchased new in 2016 to push garbage, spread dirt and build berms at the County's Municipal Solid Waste Landfill. Due to age and frequent repairs, the Caterpillar was replaced with a John Deere 850L Crawler in 2021. The 2016 Caterpillar D8 Crawler Dozer continued to be used in the Construction and Demolition Landfill until May 2023, when the C&D Landfill shutdown. The 2016 Caterpillar Crawler Dozer is no longer useful for governmental purposes by the County. The estimated value North Carolina General Statutes $160A-270 allows public agencies to conduct electronic auctions for the sale of real or personal property. When the value is expected to exceed $30,000, an advertisement is required that describes the property to be sold and the electronic address where information to participate in Catawba County has been using GovDeals.com electronic auction service to sell items since August 2003. Ifa approved for surplus, GovDeals will assist in advertising the sale and contacting previous bidders for implementation is a good fit for their community. producers financially responsible for cleanup and mitigation of pollutants. 10. Consent Agenda. individual consideration. None was requested. "asi is" by electronic public auction at www.govdeals.com. of equipment is $75,000.00. the bidding process can be found. similar equipment. The following resolution applies: RESOLUTION 2024-25 ELECTRONIC PUBLIC AUCTION DECLARATION OF SURPLUS PERSONAL PROPERTY AND AUTHORIZING THE: SALE BY WHEREAS, Catawba County owns certain personal property, a 2016 Caterpillar D8 Crawler Dozer, that is WHEREAS, the Catawba County Board of Commissioners is desirous of declaring this property surplus and disposing of as authorized by North Carolina General Statute (NCGS) 160A-Article 12; and WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction according to the procedures prescribed in NCGS 160A-270 which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and no longer useful for governmental purposes by the County; and 117 August 19, 2024, MB#57 WHEREAS, it is the intent of the County to sell said surplus property to the highest bidder said at www.govdeals.com beginning at 9:00 a.m. on August 30, 2024 and ending at 4:00 p.m. on September 6, NOW, THEREFORE, BE ITI RESOLVED by the Catawba County Board of Commissioners as follows: 1. The 2016 Caterpillar Crawler Dozer is hereby declared to be surplus property. 2024. 2. The Catawba County Purchasing Manager is hereby authorized to dispose of the 2016 D8 Caterpillar Crawler Dozer by electronic public auction and that said representative be further authorized and directed to execute necessary documents, transfer title and perform all necessary functions associated with this 3. All surplus property will be sold "as is" all sales. Catawba County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 4. An notice summarizing this Resolution and the sale of the surplus property shall be advertised on the disposal. County's website at least ten (10) days prior to the electronic public auction. This the 19th day of August, 2024. b. The Policy & Public Works Subcommittee recommended the Board of Commissioners adopt the Project Budget Ordinance, the Assistance and PocuremenvDsbursement Policies: and WPCOG Administration Agreement for the 2024 North Carolina Housing Finance. Agency Urgent Repair Grant of $132,000. Catawba County applied for an Urgent Repair Grant (URP) through the North Carolina Housing Finance Agency (NCHFA) for $132,000 in December 2023 and received funding in March 2024. This grant will help ar minimum of ten (10) homeowners with emergency repair housing items. These funds can be used for urgent needs such as leaking roofs, non-functional heating units, septic tank repair, etc. Due to a shortage Attached is the 2024 NCHFA Urgent Repair Grant Assistance Policy and Pocuremenpspusement Policy for Catawba County's Urgent Repair Program. These policies outline how the URP grant will be Also attached is the WPCOG Administrative Agreement for Catawba County's Urgent Repair Program and the Project Budget Ordinance. The County may spend up to $11,000 on rehab of each house, of which NCHFA allows up to $2,400 per house for administration, work write-ups and inspections. The WPCOG contract is for $24,000 which averages out to $2,400 per house if 10 houses are served; the per-house cost scales down as the number served goes up. The remaining $108,000 will be used for rehabilitation for urgent needs. WPCOG has an ongoing waiting list of eligible homeowners and works from that list. The ordinance shows the revenues and expenditures for the project. The WPCOG agreement is for the of contractors, most of the work will be new roofs or HVAC systems. administered. This is the 16th URP grant the County has received. administration of the grant. Supplemental Appropriation: Revenue: 280-420144-630590 Expense: 280-420144-849120 280-420144-849117 The following ordinance applies: NC Housing Finance Agency Grant $132,000 $108,000 $24,000 Rehabilitation Administration ORDINANCE 2024-7 118 August 19, 2024, MB#57 CATAWBA COUNTY'S PROJECT BUDGET ORDINANCE FOR THE: 2024 URGENT REPAIR GRANT Be it ordained by the County Commissioners of the Catawba County that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby Section 1. The project authorized is the North Carolina Housing Finance Agency Urgent Repair Grant adopted. described in the work statement contained in the Funding Agreement URP#2404 between this unit and the North Carolina Housing Finance Agency. This project is more familiarly known as the the grant document(s), the rules and regulations of the North Carolina Housing Finance Agency, 2024 Catawba County Urgent Repair Program. Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms of and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project. Revenues North Carolina Housing Finance Agency-URP NCHFA-URP Grants Revenue $132,000 Section 4. The following amounts are appropriated for the project: Expenditures North Carolina Housing Finance Agency-URP Rehablitation-URP WPCOG/Adminsration $108,000 $24,000 $132,000 Section 5. The Finance Officer is hereby directed to maintain within the Grant Project Fund sufficient Section 6. Funds may be advanced from the General Fund for the purpose of making payments as due. Section 7. The Finance Officer is directed to report quarterly on the financial status of each project element Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and Section 9. Copies of this grant project ordinance shall be made available to the Budget Officer and the specific detailed accounting records to provide the accounting to the grantor agency required by Reimbursement requests should be made to the grantor agency in an orderly and timely the grant agreement(s) and federal and state regulations. manner. in Section 4 and on the total grant revenues received or claimed. revenues on this grant project in every budget submission made to this Board. Finance Officer for direction in carrying out this project. Adopted this the 19th day of August,2024. The following Assistance Policy applies: 119 August 19, 2024, MB#57 Catawba County Assistance Policy For the 2024 Cycle of the Urgent Repair Program What is the Urgent Repair Program? Catawba County has been awarded $132,000 by the North Carolina Housing Finance Agency ("NCHFA") under the 2024 cycle of the Urgent Repair Program ("URP24'). This program will be used to provide urgent repair funds to ten (10) homes scattered throughout all of Catawba County, including all towns, cities, and municipalities with the exception of the City of Hickory in the 2024- 2025 fiscal year. This program provides funds to assist very-low and low- income households with special needs in addressing housing conditions which pose imminent threats to their life and/or safety or to provide accessibility modifications and other repairs necessary to prevent displacement of very-low and low- income homeowners This Assistance Policy describes who is eligible to apply for assistance under URP24 how applications for assistance will be rated and ranked, what the form of assistance is and how the repair/modification process will be managed. Catawba County has tried to design this URP24 project to be fair, open, and consistent with its approved application The funds provided by NCHFA come from the North Carolina Housing Trust Fund and with special needs such as frail elderly and persons with disabilities. forf funding and with NCHFA's URP Program Guidelines. agency funds. Eligibility: To be eligible for assistance under URP24 applicants: 1) must reside within the limits of Catawba County and own and occupy the 2) must have a household income which does not exceed 50% of each County's median income for the household size (see income limits below) 3) must have a household member who has a special need (.e., elderly at least 62 years old, military veteran, handicapped or disabled, a single parent with at least one dependent child living at home, a large family with >5 household members or a child below the age of six in a house with lead 4) must have urgent repair needs, which can not be met through other state home inr need of repair. hazards. or federally- funded housing assistance programs URP24 Income Limits for Catawba County Number in 30% of Median 50% of Median Household (very-low income) (lowi income) 1 2 3 4 5 6 7 8 $18,650 $21,300 $23,950 $26,600 $28,750 $30,900 $33,000 $35,150 $31,050 $35,450 $39,900 $44,300 $47,850 $51,400 $54,950 $58,500 *Income limits are subjectt to change based on annually published HUDHOMBLimis: and willl bev updated eachy year. This update will not require a re-approval oft the governing authority. 120 August 19, 2024, MB#57 CATAWBA COUNTY'S PROJECT BUDGET ORDINANCE FOR THE: 2024 URGENT REPAIR GRANT Be it ordained by the County Commissioners of the Catawba County that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby Section 1. The project authorized is the North Carolina Housing Finance Agency Urgent Repair Grant adopted. described in the work statement contained in the Funding Agreement URP#2404 between this unit and the North Carolina Housing Finance. Agency. This project is more familiarly known as the the grant document(s), the rules and regulations of the North Carolina Housing Finance Agency, 2024 Catawba County Urgent Repair Program. Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms of and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project. Revenues North Carolina Housing Finance Agency-URP NCHFA-URP Grants Revenue $132,000 Section 4. The following amounts are appropriated for the project: Expenditures North Carolina Housing Finance Agency-URP Rehabilitation-URP WPCOG/dminsration $108,000 $24,000 $132,000 Section 5. The Finance Officer is hereby directed to maintain within the Grant Project Fund sufficient Section 6. Funds may be advanced from the General Fund for the purpose of making payments as due. Section 7. The Finance Officer is directed to report quarterly on the financial status of each project element Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and Section 9. Copies of this grant project ordinance shall be made available to the Budget Officer and the specific detailed accounting records to provide the accounting to the grantor agency required by Reimbursement requests should be made to the grantor agency in an orderly and timely the grant agreement(s) and federal and state regulations. manner. in Section 4 and on the total grant revenues received or claimed. revenues on this grant project in every budget submission made to this Board. Finance Officer for direction in carrying out this project. Adopted this the 19th day of August,2024. The following Assistance Policy applies: 119 August 19, 2024, MB#57 Catawba County Assistance Policy For the 2024 Cycle oft the Urgent Repair Program What is the Urgent Repair Program? Catawba County has been awarded $132,000 by the North Carolina Housing Finance Agency ("NCHFA") under the 2024 cycle of the Urgent Repair Program ("URP24"). This program will be used to provide urgent repair funds to ten (10) homes scattered throughout all of Catawba County, including all towns, cities, and municipalities with the exception of the City of Hickory in the 2024- 2025 fiscal year. This program provides funds to assist very-low and low- income households with special needs in addressing housing conditions which pose imminent threats to their life and/or safety or to provide accessibility modifications and other repairs necessary to prevent displacement of very-low and low- income homeowners This Assistance Policy describes who is eligible to apply for assistance under URP24 how applications for assistance will be rated and ranked, what the form of assistance is and how the repalir/modification process will be managed. Catawba County has tried to design this URP24 project to be fair, open, and consistent with its approved application The funds provided by NCHFA come from the North Carolina Housing Trust Fund and with special needs such as frail elderly and persons with disabilities. for funding and with NCHFA's URP Program Guidelines. agency funds. Eligibility: To be eligible for assistance under URP24 applicants: 1) must reside within the limits of Catawba County and own and occupy the 2) must have a household income which does not exceed 50% of each County's median income for the household size (see income limits below) 3) must have a household member who has a special need (.e., elderly at least 62 years old, military veteran, handicapped or disabled, a single parent with at least one dependent child living at home, a large family with >5 household members or a child below the age of six in a house with lead 4) must have urgent repair needs, which can not be met through other state home in need of repair. hazards. orf federally- funded housing assistance programs URP24 Income Limits for Catawba County Number in 30% of Median 50% of Median Household (very-low income) (lowi income) 1 2 3 4 5 6 7 8 $18,650 $21,300 $23,950 $26,600 $28,750 $30,900 $33,000 $35,150 $31,050 $35,450 $39,900 $44,300 $47,850 $51,400 $54,950 $58,500 Income limits are subjectt to change based ons annually published HUDH HOMEI Limits and willl be updated each) year. This update will not require a re-approval oft the govering authority. 120 August 19, 2024, MB#57 Advertisement of Urgent Repair Program: Catawba County will either advertise or will publish an article in the local newspaper serving Catawba County (The Hickory Daily Record or The Observer News Enterprise, at senior centers throughout the County, Soup Kitchens, and the County's website. Western Piedmont Council of Governments (WPCOG) administers the County's URP Programs and has retained names of individuals who have in the past requested housing assistance by placing Selection of applicants: Income and property ownership will be verified, and eligibility The applicants from each county selected to receive assistance through the WPCOG Urgent Repair Program will be selected on a first-come, first to qualify, first-served basis within appropriate income categories. Because of Covid-19, there is a shortage of contractors and materials, roofing and heating/air systems jobs will be given priority Under NCHFA Program Guidelines, a minimum of 50% of households assisted must have incomes which are less than 30% of the area median income for the household size (very low-income), and no household with an income exceeding 50% of the area Int the event of al life-threatening situation, al household could be served immediately. AI life-threatening: situation would be a house whose water source has stopped working such as a well but could hook up to municipal water if available, no wells will be installed. Also, a septic tank overflowing in the back yard or backing up in the house. The septic tank could be replaced, or the house could hook to municipal sewer if available. A Plumbing leak under the house from leaky copper pipes could be considered. A roof that is leaking or a HVAC system that has quit working also would Recipients of assistance under the URP24 will be chosen by the above criteria without regard to race, religion, sex, color, national origin, disability, or familial status of the them on an ongoing waiting list. requirements be determined. since those jobs can be sub-contracted out. median income (low-income) will be eligible. qualify as a life-threatening situation. owners or occupants. The definitions of special needs' populations under URP24 are: Elderly: An individual aged 62 or older. Disabled: A person who has a physical, mental, or developmental disability that greatly limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. A person whose sole impairment is alcoholism or drug addiction shall not be considered handicapped or disabled Large Family: A large family household is composed of five or more individuals; Head ofHousehold: The person or persons who own(s) the house. Household Member. Any individual who is an occupant (defined below) of the unit to be rehabilitated shall be considered a "household mémber" (the number of under the URP24. at least four are immediate family members. 2 121 August 19, 2024, MB#57 household members will be used to determine household size and all household members except full-time students are subject to income verification). Occupant: An occupant is defined as any immediate family member (mother, father, spouse, son/daughter of the head oft the household, regardless of the time of occupancy); or non-immediate family member who has resided in the dwelling atl least 3 months prior to the submission of the family's application. Single-Parent Household: A household in which one and only one adult resides Child with elevated blood lead leve!: a child below the age of six living in the **Military veteran: A person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. The term military' for the purposes of URP eligibility shall be defined as: Army, Navy, Air Force, Marine Corps, and Coast Guard; as a commissioned officer of the Public Health Service; or as a commissioned officer of the National Oceanic and Atmospheric Administration (NOAA) or its Client Referrals for Support Services: From the beginning when a client/applicant calls in or walks in the office for assistance, the Administrator screens and puts the client/applicant on the current waiting list. At the present time, there are close to 125 names on the list just for Catawba County that are needing some type of housing repair work done. During that call or the face-to-face intake where they have been put on the waiting list, other options for housing and other non-housing needs will be discussed. The Administrator will discuss at length the various resources and programs that are available to the client/applicant. Printed materials about the available services will be given to the applicant. The client/applicant is given the other agencies' name and phone numbers to contact and with the applicant's permission, the Administrator will contact the agency on behalf of the client to ensure that the needed services and assistance are available. A case management system will be in place that will provide follow-up of these services. The Administrator will contact the agency to be certain that these services were provided to the applicant. Agencies in the referral network include the Department of Social Services (food stamps, fuel assistance, other assistance); Health Department (healthcare); Home Health Care Agencies ( health care and housekeeping); County and Private Transportation Agencies; Senior Centers (socialization, resources); County Tax Offices (Homestead Act for reduced property tax); local crisis centers (food, clothing and emergency services); Congregate Nutrition Sites ( meals, socialization, health promotion); Veterans Administration (benefits); Duke Power (reduced rates for SSI head of households); telephone services (discounts with initial hookup and on monthly bills); Independent Living ( accessibility modifications for the handicapped); Blue Ridge Community Action (weatherization assistance); Legal Aid of NC; Foothills Service Project (housing and home improvements for older and disabled adults in Catawba County); and Hospice (respite care). Social Service has referred Once the client has turned in their application and income/ownershp has been verified, an inspection is scheduled to see what housing needs are needed at that time. During with one or more dependent children. applicant house which contains lead hazards. predecessors. elderly and disabled clients needing urgent housing needs. 3 122 August 19, 2024, MB#57 that inspection, other non-housing needs are discussed again such as applying for county tax exemption; foods stamps; getting their Medicare supplement paid for; etc. The WPCOG for Catawba County receives on average 3 calls a week for housing What is the form of assistance under URP24? Catawba County will provide assistance to homeowners, whose homes are selected for repair/modification, in the form ofa a loan. Homeowners will receive an unsecured deferred, interest-free loan, forgiven at a rate of $3,000 per year, until the principal balance is reduced to zero. What is the amount of the loan? The amount of the loan will depend on the scope of work necessary to address the identified imminent threats to life and/or safety, and that will be determined by the WPCOG's Rehabilitation Administrator. There is no minimum amount of the loan; however, the maximum life-time limit according to the guidelines of What kinds of work will be done? Only repairs that address imminent threats to the life and/or safety of occupants of the dwelling unit or accessibility modifications will be performed under the Catawba County's URP. It should be noted that all deficiencies in al home may not be rectified with the available funds. The URP24 program does not obligate Catawba County or the North Carolina Housing Finance Agency to make the home confirm to any local, state, or federal housing quality standards. **Roofs for single wide and double wide mobile homes will be considered on a case-by- case basis after being inspected by Community Development Staff. All work that is completed under URP24 must meet or exceed the NC Residential Who will do the work on the homes? Catawba County is obligated under URP24 to ensure that quality work is done at reasonable prices and that all work is contracted through a fair, open and competitive process. To meet those very difficult requirements, Catawba County will invite bids only from contractors who are part of an "approved To be on the registry, contractors must (1) fill out an application form, listing several references and recent jobs completed, (2) have North Carolina Renovation, Repair and Painting Firm Certification, (3) receive the "conditional approval" of Catawba County. Once a contractor who has been conditionally approved has successfully completed one job for the Catawba County, his or her status is upgraded to "regular approval", meaning that they will be allowed to bid on a regular rotation as long as they remain in good standing. (Homeowners who know of quality rehabilitation contractors that are not on Catawba County's Approved Contractors Registry are welcome to invite them to A minimum of three approved contractors will be invited to bid on each job, and the lowest responsive and responsible bidder will be selected for the contract. "Responsive and responsible" means the contractor (1) is deemed able to complete the work in a rehabilitation. URP24i is $12,000, which includes hard and soft/admin costs. Building Code. contractors' registry". apply.) 4 123 August 19, 2024, MB#57 timely fashion, and (2) that the bid is within 15% (in either direction) of the WPCOG's In the case of a life-threatening: emergency, bids may be solicited by telephone or facsimile. (Explanation ofl life-threatening situations is under Selection of Applicants). What are the steps in the process, from application to completion? cost estimate. 1. Completing an application form: Apply by contacting Laurie Powell, Community Development Administrator, Western Piedmont Council of Governments at 828-485- 4249. Proof of ownership and income will be required. Those who have applied for housing assistance from Catawba County in the past will not_automatically be 2. Screening of applicants: Household income will be verified for program purposes only (information will be kept confidential). Ownership of property will be verified. 3. Preliminary inspection: The WPCOG's Rehabilitation Housing Inspectors, Joel Herman, Stephen Pfleger and Program Administrator, Laurie Powell will visit the homes of potential loan recipients to determine the need and feasibility of repalirsmodHications. The Eligibility Certificate will be completed at this time. All parts of the home must be made accessible for inspection, including the attic and crawispace, ifany. The owner should report any known problems such as electrical short circuits, blinking lights, roof leaks and the like. The owner will be provided detailed information on assistance, program repair/modification standards and the 4. Applicant interviews: Approved applicants will be provided detailed information on assistance, program repalir/modification standards and the contracting procedures associated with their project at this informational interview. If the staff determines the need for support services, those services willl be explained att this time. 5. Work write-up: The Rehabilitation Housing Inspector will prepare complete and detailed work specification (known as the "work write-up"). A final cost estimate will also be prepared by the Rehabilitation Administrator and held in confidence until 6. Bidding: The work write-up and bid documents will be mailed to a minimum of three contractors on the Approved Contractors' Registry who will be given one week in which toi inspect the property and prepare bid proposals. The names of the invited contractors will be supplied to the homeowner. Each will need access to those areas of the house in which work is to be performed, in order to prepare a bid. Ab bid opening will be conducted at the WPCOG's Community Development Office at a specified date and time, with all bidders and the homeowner invited to attend. 7. Contractor selection: Within 24 hours of the bid opening, after reviewing bid breakdowns and timing factors, the winning bidder will be selected. All bidders and the homeowner will be notified of (1) the selection, (2) the amount, (3) the amount of reconsidered. A new application will need to be submitted. contracting proceduresassociated with the project. bidding is completed. 5 124 August 19, 2024, MB#57 the WPCOG's cost estimate, and (4) if other than the lowest bidder is selected, of 8. Execution of loan and contract: A promissory note will be executed as well as the repair/modification contract. This contract will be between the contractor and the homeowner, with the CountyAWPCOG signing as an interested third party. The cost of the actual work and project related support costs up to the maximum amount 9. Pre-construction conference: A pre-construction conference will be held at the home. At this time, the homeowner, contractor, and program representatives will discuss the details of the work to be done. Starting and ending dates will be agreed. upon, along with any special arrangements such as weekend or evening work hours and disposition of items to be removed from the home (such as old plumbing, etc.). Within 24 hours of the pre-construction conference, the County/WPCOG will issue a "proceed order" formally instructing the contractor to commence by the agreed-upon 10.Construction: The contractor will be responsible for obtaining any required building permits for the project before beginning work. The permit must be posted at the house during the entire period of construction. Program staff will closely monitor the contractor during the construction period to make sure that the work is being done according to the work write-up (which is made a part of the rehabilitation contract by reference) and in at timely fashion. Code Enforcement Officers will inspect new work for compliance with the State Building Code as required by the guidelines of URP24. The homeowner will be responsible for working with the contractor toward protecting personal property by clearing work areas as much as practicable. 11.Change Orders: All changes to the scope of work must be reduced to writing as a contract amendment ('change order") and approved by all parties to the contract: the owner, the contractor and two representatives (one from the WPCOG and one from Catawba County). If the changes require an adjustment in the loan amount, a loan modification stating these changes in the contract amount must be completed by Catawba County/WPCOG and executed by the owner. If there is a reduction in the contract price from a deletion of an item, an Estoppel will be issued showing the 12.Payments to contractor: The contractor will be paid following inspection of and satisfactory completion of all items on the work write-up, as well as, the receipt, by Catawba County, of the contractor's invoice and a release of liens, signed by all any sub-contractors employed on the job and by all material suppliers from whom 13. Post-construction conference: Following construction the contractor and the Rehabilitation Administrator will sit down with the homeowner one last time. At this conference the contractor will hand over all the owners' manuals and warranties on equipment. The contractor and Rehabilitation Administrator will go over operating and maintenance requirements for any new equipment installed and discuss general the specific reasons fort the selection. of$12,000 will be included ini the loan document. date. new decreased loan amount. materials for the job were purchased. 6 125 August 19, 2024, MB#57 maintenance of the home with the homeowner. The homeowner will have the 14.Closeout: Once each item outlined in Program Guidelines section 3:13 has been satisfied and the homeowner has signed a Certificate of Satisfaction, the job will be What are the key dates? If, after reading this document, you feel that you qualify for this program and wish to apply, please keep the following dates in mind: Applications available to the public starting fall of 2024. All work willl be under contract by December 31, 2025. All rehabilitation work must be completed by, January: 31, 2026. How dol Irequest an application? Just contact: Laurie Powell (828-485-4249) Western Piedmont Council of Governments P.O. Box 9026 Hickory, NC 28603 auepowel@wp9gorg opportunity to ask any final questions about the work. closed out. Ist there a procedure for dealing with complaints, disputes and appeals? Although the application process and repair/modification guidelines are meant to be as fair as possible, Catawba County realizes that there is still a chance that some applicants or participants may feel that they are not treated fairly. The following procedures are designed to provide an avenue for resolution of complaints and appeals. 1.1 If an applicant feels that his/her application was not fairly reviewed or rated and would like to appeal the decision made about it, he/she should contact Laurie Powell within five days of the initial decision and voice his/her concern. If the appliçant remains dissatisfied with the decision, the detailed complaint should be put into 2. Any complaint and/or appeal must be submitted in writing to Catawba County During the application process: writing. Program Administrator at the following address: Program Administrator-laure Powell Catawba County Urgent Repair Program CIO Catawba County Planning and Parks P.O. Box 389 Newton, NC: 28658 Phone: (828)485-4249 TDD Relay # 1-800-735-2962 application. 3. A written appeal must be made within 10 business days of the initial decision on an 4. Catawba County will respond in writing to any complaints or appeals within 10 business days of receiving written comments. 7 126 August 19, 2024, MB#57 During the repalr/modiication process: 1. If the homeowner feels that repairs or modifications are not being completed according to the contract, he/she must inform the contractor and the Rehabilitation 2. The Rehabilitation Administrator will inspect the work in question. If he finds that the work is not being completed according to contract, the Rehabilitation Administrator will review the contract with the contractor and ask the contractor to remedy the 3. If problems persist, a mediation conference between the homeowner and the contractor may be convened by the Rehabilitation Administrator and facilitated by 4. Should the mediation conference fail to resolve the dispute, the Rehabilitation 5. Ifthe Rehabilitation Administrator finds that the work is being completed according to contract, the complaint will be noted, and the Rehabilitation Administrator and the homeowner will discuss the concern and the reason for the Rehabilitation Will the personal information provided remain confidential? Yes. All information in applicant files will remain confidential. Access to the information will be provided only to the WPCOG employees and Catawba County employees who are directly involved in the program, the North Carolina Housing Finance Agency, and auditors. What about conflicts of interest? No officer, employee or other public official of the Catawba County, or member of the Commissioners Board, or entity contracting with the Catawba County who exercises any functions or responsibilities with respect to URP24 shall have any interest, direct or indirect, in any contract or subcontract for work to be performed with program funding, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Relatives of Catawba County employees, Commissioners Board Members and others closely identified with Catawba County or the WPCOG may be approved for rehabilitation assistance only upon public disclosure before the Catawba County Commissioners What about favoritism? All activities under URP24 including rating and ranking applications, inviting bids, selecting contractors, and resolving complaints, will be conducted in a fair, open and non-discriminatory manner, entirely without regard to Who canlcontact about URP24? Any questions regarding any part of this application Administrator. problem. the Catawba County. Administrator will render a written final decision. Administrator's decision. Board and written permission from NCHFA. race, creed, sex, color or national origin. or program should be. addressed to: Laurie Powell 828-485-4249) Western Piedmont Council of Governments PO Box 9026 Hickory, NC 28603 aurepowel@wpoogorg 127 August 19, 2024, MB#57 Copies of all referenced materials contained in this Assistance Policy may be obtained from Catawba County, 100-A SW Blvd, PO Box: 389, Newton, NC 28658. These contacts will do their utmost to answer questions and inquiries in the most efficient and correct manner possible. This Assistance Policy is adopted this 19thday of August, 2024. Attest Chair, County Commissioners 9 128 August 19, 2024, MB#57 The following Procurement and Disbursement, policy applies: 129 August 19, 2024, MB#57 CATAWBA COUNTY URGENT REPAIR PROGRAM (URP24) PROCUREMENT AND: DISBURSEMENT POLICY PROCUREMENT POLICY 1. To the maximum extent practical, Catawba County promotes a fair, open and competitive procurement process as required under the North Carolina Housing Finance Agency's Urgent Repair Program (URP). Bids are invited from Contractors who are part of Catawba County's approved contractor registry. (To be on the registry, a contractor must complete an application, have their recent work inspected, reviewed and approved by the Rehabilitation Specialist and submit proof of insurance.) Any contractor listed with and approved by Catawba County and in good standing will receive automatic approval status 2. Atl least three eligible contractors on Catawba County's approved contractor registry shall bei invited to bid on each job and the lowest responsive and responsible bidder shall be selected for the contract. "Responsive and responsible" means (a) the contractor is deemed able to complete the work in ai timely fashion, (b) the bid is within 15%, in either direction, of the WPCOG's cost estimate, and (c) there is no conflict of interest (real or apparent). Additionally, all contractors working on pre-1978 units must be Renovation, Repair and Painting Rule (RR&P) Certified Renovators working for Certified Renovation firms; only those contractors with both firm certificate and the qualified renovator's letter 3. Although bid packages may be bundled for multiple job sites, the bids for multiple job sites shall be considered separate and apart when awarded and shall be awarded to the 4. Bid packages shall consist of an invitation to bid, work write up(s) and bid sheet(s) for 5. Bids must include a cost-per-item breakdown with line-item totals equaling the submitted bid price. Discrepancies must be reconciled prior to a contract being awarded. 6. Any change to the original scope of work must be reduced to writing in the form ofa change order to be agreed upon and signed by all parties to the original contract and two representatives of Catawba County. The change order must also detail any changes to the 7. No work may begin prior to a contract being awarded and a written order to proceed provided to the contractor. In addition, a pre-construction conference and "walk thru" 8. Catawba County reserves the right to reject any or all bids at any time during the 9. In the event of a true emergency situation, Catawba County reserves the right to waive normal procurement procedures in favor of more expedient methods, which may include seeking telephone quotes, faxed bids and the like. Should such methods ever become ont the contractor: registry. on file will be invited tol bid on pre-1978 homes. lowest responsive and responsible bidder(s) for eachj job site. eachj job. original contract price. shall bel held at the work: site prior to commencement ofr repair work. procurement process ifthere is as sound documented reason. necessary thet transaction will be fully documented. 130 August 19, 2024, MB#57 10. All sealed bids will be opened publicly at a time and place to be announced in the bid invitation. All bidders are welcome to attend. DISBURSEMENT POLICY 1. All repair work must be inspected by (a) the WPCOG's Housing Inspector, and (b) the homeowner prior to any payments to contractors. Ifall work is deemed satisfactory and all other factors and written agreements are in order, payment shall be issued upon presentation of an original invoice from the contractor. The contractor should allow 21 2. Ifany of the work is deemed unsatisfactory, it must be corrected prior to authorization of payment. If the contractor fails to correct the work to the satisfaction of the WPCOG's Housing Inspector, payment may be withheld until such a time the work is satisfactory. (Contractors may follow Catawba County's Urgent Repair Program Assistance Policyifa dispute occurs; however, contractors shall abide by the final decision as stated in the 3. Catawba County assures, through this policy, that adequate funds shall be available to 4. All contractors, sub-contractors and suppliers must sign a lien waiver prior to "This policy is to be used in conjunction with the existing procurement and disbursement business days for processing oft the invoice for payment. policy). pay the contractor for satisfactory work. disbursement of funds. policies for Catawba County as applicable." The Procurement and Disbursement Policies are adopted this the day of 2024. Catawba County BY: ATTEST: Chair, County Commissioners Clerk tot the Commissioners CONTRACTORS STATEMENT: Ihave read and understand the attached. Procurement and Disbursement Policy. BY: COMPANY NAME: WITNESS: 131 August 19, 2024, MB#57 The following Agreement applies: 132 August 19, 2024, MB#57 AGREEMENT BETWEEN THE CATAWBA COUNTY WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND FOR THE PROVISION OF GRANT MANAGEMENT ASSISTANCE: CATAWBA COUNTY URGENT REPAIR HOUSING PROJECT SEPTEMBER 1, 2024-FEBRUARY 28, 2026 This AGREEMENT, entered into on this the. 19th day of August 2024 by and between the Western Piedmont Council of Governments (hereinafter referred to as the "Planning Agency") and Catawba County, North Carolina (hereinafter referred to as the "Local Government"). WITNESSETH THAT: WHEREAS, the Planning Agency ise empoweredi top provide technical assistance by the North Carolina General Statutes and by resolution passed by the Planning Agency on May 17, 1972. Technical assistance shall consist of the provision of services as described in Attachment A, which is herein made a part of this Contract; and such technical assistance to the Local Government; and WHEREAS, the Local Government has requested the Planning Agency to provide WHEREAS, the Planning Agency desires to cooperate with the Local Government in every way possible tot the endi thatt the proposed activities are carried outi in an efficient and professional manner. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Personnel. That during the period oft this Contract, the Planning Agency will furnish the necessary trained personnel to the Local Government. 2. Travel/Printing. The Local Government will pay for expenses related to conferences, conventions, seminars, local travel, etc. of the personnel when the Local Government requests or approves travel related to the Local Government's planning program, or ifiti is beneficial tol both parties, the costs The Local Government will also pay for expenses related to printing of report(s), mailings to advisory boards, and other costs not related tor normal travel and staffing costs associated with personnel furnished by the Planning The Local Government will payt thel Planning Agency an amount nott to exceed will be shared on an agreed-upon ratio. Agency. Compensation. 3. 1 133 August 19, 2024, MB#57 $24,000 (Twenty-Four Thousand dollars), or up to $2,400 (Two thousand four hundred dollars) per housing unit assisted, whichever is less, for the satisfactory performance of all services related to administration of the project as defined in the attached Scope of Services. Planning Agency personnel will keep an accurate record oft time spent, which will serve as the basis for theamount charged tot the Local Government per month. Thel Local Government will reimburse the Planning Agency monthly at a rate per hour for each ofthe personnel involved, which includes the salary, fringe benefits, travel and indirect costs, plus travel and other approved expenses. All other costs associated with the administration oft the CDBG grant willl be expended from the granta administration allowance budgeted fort thel Local Government. It is expressly understood and agreed that total compensation shall not exceed the maximum sum: specified without prior approval oft both agencies. 4. Termination/Modifications. The Local Government may terminate this Contract by giving the Planning Agency a thirty-day written notice. Furthermore, ifthereisaneedi to amend the proposal outlinedi in Attachment A, either party may do SO with the written approval of the other. 5. Time ofPerformance. The Planning Agency shall ensure that all services required herein shall be completed and all required reports, maps, and documents submitted during the period beginning September 1, 2024, and 6. Interestof Members, Olercrfmaoyrsctme Planning Agency, Members of the Local Government, or Other Public Officials. No member, officer, or employee of the Planning Agency or its agents; no member of the governing body of the locality in which the program is situated; and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The Planning Agency shall incorporate, or cause to bei incorporated, in all such contracts or subcontracts, a provision prohibiting 7. Nondiscrimination Clause. No person in the United States shall on the grounds ofr race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination with any program or activity fundedi in whole ori in part with funds available under the ending February 28, 2026. such interest pursuant to the purpose oft this section. 2 134 August 19, 2024, MB#57 Housing and Community Development Act of 1974, Section 109. 8. Agel Discrimination, Atolip75.ssamended. No qualified person: shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. 9. Section 504, Rehabilitation Act of 1973, as amended. No qualified disabled person shall, on thel basis ofh handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal Access to Records and Record Retainage. All official project records and documents must be maintained during the operation of this project and for a period of three years following closeout, in compliance with 15 NCAC 13L Rule .0911, Recordkeeping. The North Carolina Housing Finance Agency, US Department ofH Housinga and Urban Development, the Comptroller General of the United States, or any oft their duly authorized representatives shall have access to any books, documents, papers, and records of the Planning Agency which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions in compliance with 15 NCAC: 13L Rule .0911, Recordkeeping. Liquidated Damages Clause. Ift the project fails to be carried out within the time frame outlined in the administrative proposal due to activities attributed to the Planning Agency, the Local Government may assess the Planning Agency a sum int the amount of $100 per week for any subsequent Termination of Agreement for Cause. If, through any cause, the Planning Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or violate any oft the covenants, conditions, ors stipulations oft this Agreement, thel Local Govemment: shall thereupon have the right to terminate this Agreement by giving written notice of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared under this Agreement shall, at the option of the Local Government, becomes its property, and the Planning Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials in direct proportion to the extent of services actually completed. financial assistance. 10. 11. weeks until completion. 12. 3 135 August 19, 2024, MB#57 13. Grantee Assurances. Int the performance oft this Agreement, the Planning Agency shall comply with all applicable federal rules and procedures outlined on the attached pages as E.0.11246 Clause, the Section 30 Clause, Lobbying IN WITNESS WHEREOF, the Planning Agency and the Local Government have Clause and Attachments B, C, D and E. executed this Agreement as oft the date first above written. LOCAL GOVERNMENT: CATAWBA COUNTY By: PLANNING AGENCY: WESTERN PIEDMONT COUNCIL OF GOVTS. By: County Manager LOCAL GOVERNMENT: Executive Director PLANNING AGENCY: By: Chair By: Chair Pre-audit statement: THIS INSTRUMENT has been preauditedi int the manner required by the Local Government Budget and Fiscal Control. Act as amended. Date:. Mary Morrison, Chief Financial Officer Account Number: Amount: Grant Name & Number (ifapplicable): APPROVED ASTO FORM Date:. Jodi Stewart, County Attorney 4 136 August 19, 2024, MB#57 CATAWBA COUNTY GRANTS MANAGEMENT ASSISTANCE WORK PROGRAM/BUDGET SEPTEMBER 1, 2024- FEBRUARY 28, 2026 ATTACHMENT A SCOPE OF SERVICES The following work program and budget are presented as descriptive of the work and dollar amounts requested in the Agreement concerning planning activities by the Laurie Powell, CD Administrator and Joel Herman, Housing Inspector will be Western Piedmont Council of Governments for Catawba County. responsible for administering this project. Work Program Professional services necessary to administer all aspects oft the project will include Laurie Powell will: serve as Project Administrator and will be responsible for general grant administration. Quarterly status reports will be prepared and submitted to NCHFA. Working with the Catawba County Community Development: staff, the Administrator will be responsible for public notification of grant funding, applicant intake and assistance eligibility. Other duties of the Administrator will include, but not be limited to the Preparation of required program policies plans and procedures to govern the project Program financial management includes processing invoices and payment for services related to the program and requisitions for payment from NCHFA. Applicant notifications and income, ownership verification, and notice of eligibility. Scheduling housing inspections with the Homeowner and Project Inspector, Mr. Preparation of program documents, i.e.,' Work Contract, Contractor's Release of Liens, Grant Agreement, Final Inspection Form and Owner Certificate of Satisfaction for a but not be limited to the following: following: and maintenance of same. Herman. minimum of Ten (10) homes. Preside at pre-construction conferences. Resolve disputes between homeowners and contractors, etc. Bep present at all monitoring visits by NCHFA personnel. Initial, bi-weekly and final housing inspections. Duties of the Housing Inspector, Joel Herman will include, but not be limited to the following: 5 137 August 19, 2024, MB#57 Preparation of work write-up, bid packets, cost estimates and bid openings. Monitor compliance with URP Program Rehabilitation Standards and alla applicable local Be present at all pre-construction conferences. and state building codes. Verification of Contractor eligibility. Initiate contractor payments and approve change orders as needed. Catawba County will be responsible for the following: Adequate office space including utilities. Direct payment of URP funds for legal and audit services and general All administrative costs not specifically identified as' WPCOG responsibilities. The WPCOG will complete all activities involved in administration of this projecti in a 18-month period beginning September 1, 2024, and ending February 28, 2026. administrative costs. Time of Performance Budget The WPCOG will provide these administrative/soft cost services for a fee not to exceed $24,000. The budget is broken down as follows: Salaries Fringe Benefits Travel Indirect Total Assurances $ $ $ $ $ 11,930 6,024 750 5,296 24,000 Assurances are attached as a part oft the Agreement. Amendments This scope of services and budget may be amended as desired by mutual consentof the Local Government and Planning Agency. 6 138 August 19, 2024, MB#57 ASSURANCES OF COMPLIANCE ATTACHMENT B Executive Order11246 During the performance oft this Contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and thate employees aret treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to the following: recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination 2) The contractor will, in all: solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice advising thel labor union or workers' representative of the contractor's commitments under section 2020 of Executive Order 11246 of September 24, 1965, ands shall post copies oft the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders oft the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by thei rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access tol his books, records, and accounts by the contracting agency and the Secretary ofL Labor for purposes ofi investigation to ascertain 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part andt the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed clause. compliance with such rules, regulations, and orders. 7 139 August 19, 2024, MB#57 andi remedies involved as provided in Executive Order 11246 of September 24, 1965, orb by rule, regulation, or order oft the Secretary of Labor, or as otherwise provided by law. 7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary ofl Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will bel binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means ofe enforcing such provisions including sanctions for noncompliance: Provided, however, that ini the event the contractor becomes involved in, or threatened with, litigation with as subcontractor or vendor as a result ofs such direction by the contracting agency, the contractor may request the United States to enteri intos such litigation to protect the interests of the United States. 8 140 August 19, 2024, MB#57 ATTACHMENT C Section 3 Clause "Section 3" Compliance int the Provision of Training, Employment, and Business Opportunities a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are locatedi in, or ownedi in: substantial part by persons b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from C. The contractor will send to each labor organization or representative of workers with which hel has a collective Dargainingagreement or other contract or understanding, ifany, ar notice advising the said labor organization orv workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places d. The contractor will include this Section 3 clause in every subcontract for work in connection withi the project and will, att the direction oft the applicant or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon at findingt that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor wherei itl has notice of knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first providedi it with ap preliminary statement of abilityt to comply with the e. Compliance with the provisions of Section 3, the regulations set forth in 24. CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution oft the contract, shall be: a condition oft the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors or assigns to those sanctions specified by the grant or loan agreement of contract through which federal assistance is provided, and residing in the area of the project. complying with these requirements. available to employees and applicants for employment and training. requirements oft these regulations. to: such sanctions as are specified by 24 CFR Part 135. 9 141 August 19, 2024, MB#57 ATTACHMENTD Lobbying Clause No Federal appropriated funds have been paid or will be paid, by or on behalf of the Planning Agency or the Local Government, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or If any funds other than Federal appropriated funds have been paid or will be paid any person fori influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Planning Agency and/or the Local Government shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. cooperative agreement. 10 142 August 19, 2024, MB#57 C. The Policy and Public Works Subcommittee recommended the Board of Commissioners award the bid for the construction of the NC Hwy 16 Waterline Extension Project to Fuller & Co. Construction, LLC of Crouse, North Carolina, in the amount of $2,169,964.00; and authorize the County Manager to execute all On July 24, 2024 the County opened bids for the extension of approximately 8,000 linear feet (LF) of 12-inch waterline in order to complete a water line connection along Business NC Highway 16 and complete the loop to the existing waterline near NC Highway 150. At total off five bids were received, as follows: documents associated with the project. 1. Fuller & Co. Construction, LLC 2. Dickerson Infrastructure 3. Neill Grading & Construction 4. Mountaineer Contractors 5. North State Water and Sewer $2,169,964.00 $2,326,570.00 $2,567,329.00 $2,648,195.00 $1,284,940.00- - Bid Withdrawn (**Bid withdrawn consistent with the requirements of N.C.G.S. $143-129.1.) Highfill Infrastructure Engineering, PC, project engineers, have evaluated bids and have found Fuller and Co. Construction, LLC, to be the lowest responsive bidder. Please see attached Bid Award Recommendation and Certified Bid Tabulation from Highfill Infrastructure Engineering, PC. In November 2021, the Board appropriated $2.5M to the Business NC Highway 16 Waterline Project. On August 5, 2024, the Board appropriated an additional $54,947.89 in ARPA funds to completely fund the project, which includes design, construction and required easement acquisition. This project was identified in the SECC Master Plan as strategic for completing an interior water loop providing redundancy in the water supply to the SECC Service Area. d. Staff recommended the Board of Commissioners declare Sheriff Deputy Anthony Stafford's badge and weapon as surplus, effective August 19, 2024, pursuant to North Carolina Statute 20-187-2(a). Deputy Stafford will retire effective September 1, 2024. He has requested his badge and service weapon. In lieu of receiving these items at a Board of Commissioners meeting, he has requested the weapon and badge be e. Staff recommended the Board of Commissioners approve 161 releases totaling $78,960.45, one refund totaling $22.02 and 68 Motor Vehicles Bill adjustments / refunds totaling $4,251.18 requested during the North Carolina General Statute 105-381(b) states upon receipt of a taxpayer's written request for release or refund, the taxing unit's governing body has 90 days to determine whether the taxpayer's request is valid and to either approve the release or refund of the incorrect portion or to notify the taxpayer in writing that no During the month of July, Tax Office staff has checked records and verified the legitimacy of 161 release requests totaling $78,960.45, one refund totaling $22.02, and 68 Motor Vehicle Bill adjustments / refunds Of the 161 releases, 102 of them (totaling $47,747.75) were due to a billing error related to a tax software Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing / being sold, and clerical errors. The refund was due to personal property being sold. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously. presented to him at al later time. month of July. release or refund willl be made. totaling $4,251.18. update whereby exempt properties were billed as if unexempt. transfers of ownership, change in values and change in situs. 143 August 19, 2024, MB#57 11. Other Items of Business. None. 12. Manager's Report. None. 12. Attorney's Report. None. 13. Adjournment. No further action was taken. Upon a motion by Commissioner Beatty which unanimously carried, the meeting was adjourned at 7:32 p.m. 25 Randy Isenhower, Chair Catawba County Board of Commissioners Dusl&e Dale R. Stiles County Clerk 144