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APRIL 1, 2013

AGENDA
Catawba County Board of Commissioners Meeting
Monday, April 1, 2013, 9:30 a.m.
Robert E. Hibbitts Meeting Room, 1924 Courthouse
30 North College Avenue, Newton, NC

1. Call to Order.

2. Pledge of Allegiance to the Flag.

3. Invocation.

4. Approval of the minutes from the Board’s Regular Session of March 18, 2013.

5. Recognition of Special Guests.

6. Public Comment for Items Not on the Agenda.

7. Presentations:

a. Declaration of the Service Weapon and Badge of Retired Sheriff Deputy Lynn Baker as surplus and presentation of these items to Deputy Baker.
b. Public Health Month Proclamation. Presented to Community Outreach Manager Amy McCauley.
c. Request to Adopt a Resolution in Support of Partners Behavioral Health Management‘s Board of Directors Governance Changes. Presented by Partners Behavioral Health Management Chief Executive Officer Rhett Melton.

8. Appointments.

9. Consent Agenda:

a. Supplemental Appropriation for Regional Multi-Jurisdictional Hazard Mitigation Planning Grant.
b. Newton-Conover City Schools – transfer of funds for Conversion of Old Middle School to Elementary School.
c. Landfill Gas Compression and Condition System Skid Replacement to meet Air Quality Permit Requirement.

10. Departmental Reports:


Utilities and Engineering.

Solid Waste Disposal Agreements with Conover, Hickory and Longview. Presented by Utilities and Engineering Director Barry Edwards.


11. Other Items of Business.

12. Attorneys’ Report.

13. Manager’s Report.

14. Adjournment.

PERSONS WITH DISABILITIES: Individuals needing assistance should contact the County Clerk at 828-465-8990 within a reasonable time prior to the meeting. . Access to the 1924 Courthouse for individuals with disabilities is at the south side (“A” Street). The elevator is located at the north end of the building. Participation in public meetings is without regard to race, creed, religion, national origin, sex, age, color, or disability.


INFOTALK/INTERNET: The Catawba County Telephone Information System will allow you to use your touch tone telephone to obtain current information on Catawba County 24 hours a day. Information is updated on a regular basis. Dial 465-8468 and INFOTALK will direct your questions with easy to understand instructions. Reach Catawba County on the Internet at http://www.catawbacountync.gov.

CALENDAR: The next Board of Commissioners meeting will take place on Monday, April 15, 2013 at 7:00 p.m.


PREVIEW OF COUNTY COMMISSION AGENDA
MONDAY, APRIL 1, 2013, 9:30 A.M.
ROBERT E. HIBBITTS MEETING ROOM
1924 COURTHOUSE, NEWTON, N.C.

The Catawba County Board of Commissioners will consider a set of solid waste disposal agreements with the Cities of Conover and Hickory and the Town of Long View for the continued acceptance, management, and disposal of solid waste collected within those municipalities’ jurisdictions for a period of five years, with an option for renewal for an additional five years, when the Board meets at 9:30 a.m. on Monday, April 1, 2013, at the 1924 Courthouse at 30 North College Avenue in Newton. The Board will also consider accepting a federal grant which would be used for creation of a Multi-Jurisdictional Hazard Mitigation Plan designed to help prevent lives, homes and businesses from being damaged in disasters and help the county return to normal following a disastrous situation.

The Board will consider a request from the Newton-Conover City Schools for a transfer of funds from a completed project to meet additional expenses for the conversion of the old Newton-Conover Middle School to an elementary school; a proposed contract with CDM Smith for the design, development of contract documents, and bidding services for replacement of the existing Landfill Gas Compression and Conditioning System Skid with a state-of the-art dual compression and conditioning system needed to keep those landfill operations in compliance with Federal EPA rules; and a resolution concerning proposed changes to the Board of Directors of Partners Behavioral Management, which oversees the publicly-funded behavioral health service system for residents of Catawba and seven other regional counties.

The Board will recognize retiring Sheriff’s Deputy Lynn Baker by declaring his badge and service weapon surplus and presenting these items to him and will issue a proclamation declaring May as Public Health Month.

PRESENTATIONS
A. The Board will honor Sheriff's Deputy Lynn Baker, who retired effective March 1, 2013, after over thirty years with the Catawba County Sheriff’s Office. Under North Carolina General Statute 20-187.2, the Board will consider declaring as surplus the service sidearm and badge of Deputy Baker, and present those items to him.

B. The Board will issue a proclamation declaring April as Public Health Month to recognize 133 years of public health service to the residents of North Carolina and the efforts of public health departments to control and eliminate infectious disease, improve environmental sanitation and promote healthy lifestyle practices, which have resulted in improved health status and increased life expectancy for North Carolina residents.

C. The Board will consider adopting a resolution supporting and approving the modifications made to the governance structure of the Partners Behavioral Health Management Board of Directors to comply with changes required by North Carolina General Statutes with regard to the requisite backgrounds and qualifications of its members. Partners Behavioral Health Management oversees the publicly-funded behavioral health service system for residents of Catawba and seven other regional counties.

CONSENT AGENDA
A. The Board will consider a supplemental appropriation of $75,000 to fund the development of a Regional Multi-Jurisdictional Hazard Mitigation Plan. Catawba County and each municipality in the County, along with Alexander, Caldwell, and Burke Counties and their municipalities, will participate in a regional multi-jurisdictional hazard mitigation planning effort. The proposed plan will help prevent lives, homes and businesses from being damaged by a disaster and help the County return to normal following a disaster. The State of North Carolina has been awarded federal Department of Homeland Security Pre-Disaster Mitigation grants to fund development of the plan for the four counties, a total of $100,000 with a 75%/25% cost share. It is anticipated that the entire county/city cost share will be covered through staff time and other in-kind services and materials from all four counties and municipalities.

This is the second request from Emergency Services before the formal planning process begins. In October 2012, the Board approved a resolution to designate Catawba County as the primary and secondary agents for the grant. Completion and approval of the plan is expected by September 2014 and will contain data and mitigation strategies related to all four counties and their municipalities.

Hazard mitigation actions are taken to reduce or eliminate the long-term risk to life and property from a variety of hazards. Under 44 CFR 201.6, local governments must have a current FEMA approved mitigation plan to apply for and receive money from specific assistance programs that address pre- and post-disaster mitigation projects, planning, flood assistance, and repetitive loss buy-outs. The Board’s Finance and Personnel Subcommittee recommends this appropriation.

B. The Board will consider a request from Newton-Conover City Schools to transfer $85,000 from the New Newton-Conover Middle School project to the Newton-Conover Middle Conversion to Elementary project. Funds were allocated over a three year period, totaling $1,826,806, and $166,755.50 was transferred from other completed projects earlier this year, to convert the old Newton-Conover Middle School to an elementary school. The school system has since encountered additional unexpected costs on this project totaling $85,000 as follows: ductwork in the 8th grade building was found disconnected to diffusers and required additional fabrication and assembly at a cost of $28,500; computer wiring in the building was determined to be outdated and unable to support power over Ethernet, and had to be replaced at a cost of $9,600; creation of a pre-K room in the former vocational room at a cost of $17,000 for casework, $5,000 for plumbing changes and sinks, $2,800 for fencing, and $5,000 for furnishings including low tables for pre-K in the cafeteria and library; lowering of two catch basins and installation of a thirty-foot grated trench in front of the 8th grade building to remedy potential rain run-off into the front doors, a problem for years, at a cost of $5,300; the addition of automatic door openers for doors at the front, bus exit, and two rear exits at a cost of $8,500; necessary television replacements for 15 classes at a cost of $6,400, and costs to remove water fountains, wire moldings, and similar items at a cost of $3,000, to convert the old vocational lab. This transfer of funds is recommended by the Board’s Finance and Personnel Subcommittee.

C. The Board will consider an exemption from engineering fees in accordance with County Code 8.67, Fees, and approval of a contract with CDM Smith for the design, development of contract documents, and bidding services for the replacement of the existing Landfill Gas Compression and Conditioning System Skid with a state-of the-art dual compression and conditioning system in the amount of $115,000.

In accordance with federal regulations, the active gas collection and control system (CCS) shall be designed to “handle the maximum expected gas flow rate from the entire area of the landfill that warrants control over the intended use period of the gas control or treatment system equipment”. The average gas flow rate at the Blackburn Landfill ranges between 1,100 and 1,400 standard cubic feet per minute. The current gas collection and control system has a capacity of 1,400 standard cubic feet per minute and the current flare has a rated capacity of 1,200 standard cubic feet per minute. In the event that all three engines were not operational, the current flare would not be capable of fully controlling the landfill gas in compliance with federal regulations. Any uncontrolled emissions would be considered a violation of the County’s Title V Air Quality Permit and potentially subject the County to fines and other penalties. Increasing the flare capacity will minimize escaping emissions in the event that all three engines are not operational.

Accurate readings of landfill gas flow rate, cumulative landfill gas flow, temperature, and methane content for the engines and the flare are critical to meeting the air quality compliance monitoring requirements associated with the County’s Title V Air Quality Permit and the Greenhouse Gas Mandatory Reporting Rule requirements. The current CCS was installed in 1998 and is undersized to meet the current Air Quality Permit requirements. It does not have some of the more modern monitoring equipment that will automate data collection and reporting.

A new system will not only meet the Air Quality Permit requirements, it will allow for infinite turndown capability of the flare, which will allow landfill gas flow to be split between the engines and flare during conditions where the landfill gas flow rate is above the capacity of the operating engines. Additional flow will be handled by the flare without causing unstable flare operation, venting of uncontrolled landfill gas to the atmosphere, or the engines shutting down due to large pressure drops associated with sudden diversion of flow away from the engines.

An upgraded compression and conditioning system will improve control of the well field vacuum and engine pressure requirements for more consistent operations. Automatic vacuum control of the well field will require fewer manual adjustments to the well field and less documentation and reporting. The upgraded compression and conditioning system will be designed to meet EPA’s presumptive definition of a treatment system as a system that filters landfill gas to an absolute rating of 10 microns, dewaters the landfill gas to provide a 20 degree Fahrenheit reduction in dew point temperature, and compresses the landfill. Having the landfill gas conditioned through such a treatment system will eliminate the need to consider the engines as landfill gas control devices and reduce most of the testing, monitoring, record keeping, and reporting associated with the use of the engines.

Staff requests an exemption from engineering fees in accordance with County Code 8.67, which states, “The County will exempt all projects from subsection (a) of this section where an estimated professional fee is an amount less than $30,000 or where special circumstances would dictate it is in the best interest of the County. Exceptions for professional fees up to $75,000 can be approved only by the County Manager, at the request of the Director of Facilities or the Director of Utilities and Engineering. The Board of Commissioners shall approve any professional fee of $75,000 or more.” Staff also requests the approval of a contract with CDM Smith for the design, development of contract documents, and bidding services for the replacement of the existing Landfill Gas Compression and Conditioning System Skid with a new, state-of the-art dual compression and conditioning system in the amount of $115,000.

CDM Smith has performed all of the County’s landfill air quality engineering since 2009. CDM Smith is thoroughly familiar with the County’s existing CCS and understands what is needed in a new CCS to meet State and Federal requirements. Its expertise has proven extremely valuable as the County negotiates increasingly stringent Title V Air Quality permits and reporting requirements. CDM Smith has the staff and experience to complete the project that will guarantee a reliable functioning system that meets all requirements. Further, CDM Smith can perform this work in a timely manner due to its knowledge of and experience at the Landfill and the data it has collected over the past three years.

All costs associated with the landfill and solid waste activities are funded from the Solid Waste Enterprise Fund, which is derived from solid waste tipping fees containing no ad valorem tax proceeds. Funding for this project was established with the current year County budget, therefore no appropriation is required. The Board’s Policy and Public Works Subcommittee recommends this exemption and approval of the contract with CDM Smith.

DEPARTMENTAL REPORTS

UTILITIES AND ENGINEERING
The Board will consider entering into Agreements for Disposal of Household and Commercial Waste with the Cities of Conover and Hickory, and the Town of Long View. Catawba County currently owns and operates both Municipal Solid Waste (MSW) and Construction and Demolition (C&D) landfills. The County is engaged in the enterprise of managing, operating, and maintaining the landfills and managing municipal solid waste, construction and demolition waste, yard waste, household hazardous waste, and waste recyclables, including the disposal of such wastes, within County boundaries. Historically, the County has accepted, managed, and disposed of MSW collected within the municipalities’ jurisdictions.

In an effort to maintain the continued, long-term economic health and viability of the County’s solid waste management enterprise, the County has offered agreements to the Cities of Conover and Hickory, and the Town of Long View, for the continued acceptance, management, and disposal of MSW collected within the municipalities’ jurisdictions. The agreements are for a period of five years, with a renewal for five additional years. During the term of the agreements, the municipalities agree to bring all household and commercial waste they collect within their municipal limits to the Catawba County Landfill. In return, the County guarantees that current tipping fees will not increase in any one year by more than the Consumer Price Index. The County agrees that, as of the effective date of the Agreement, the total disposal fee is $33 per ton. Of the total fee, $31 is the County’s portion and $2 is the State of North Carolina’s disposal tax.

The Conover agreement is scheduled to be considered at the April 1, 2013, Conover City Council meeting. The Hickory agreement is scheduled for the April 2, 2013, Hickory City Council meeting. The Long View agreement was approved by the Long View Town Council on March 11, 2013.

Other caveats of the agreements stipulate that it does not include recyclable materials collected separately either by a municipality or a contractor on behalf of the municipalities. This includes standard recyclables. Both entities agree to explore projects/opportunities which will increase the overall recycling in the community and/or reduce the cost of recycling. The municipalities have the right to collect single stream waste. Should the municipalities deliver yard waste to the County’s Landfill (trees, root balls, limbs, branches, leaves, grass clippings, etc.), the County agrees these materials may be comingled. The municipalities agree that all such materials will be either unbagged or in biodegradable bags. The County agrees to accept and grind all yard waste received from the municipalities. The County agrees to not charge the municipalities any fees for yard waste the municipalities delivers to the County’s yard waste site or Landfill. The County further agrees to allow the municipalities to obtain up to, but not more than, 50% by weight of the mulch created from the ground yard waste, for marketing to the municipalities’ customers and beautification of the municipalities’ properties and to not charge the municipalities any fees for the mulch. Yard waste is defined as being from general landscaping and yard maintenance and does not include land-clearing debris that results from new land development, subdivision projects, new units, etc. The State of North Carolina and the Catawba County Solidwaste Ordinance acknowledge a clear difference between yard waste and land-clearing debris. The County agrees to aggressively pursue policies which are beneficial to the municipalities’ strategic objectives, i.e. the economic development fee waiver program of C&D charges for vacant building demolition waste as approved by the Catawba County Economic Development Corporation Board of Directors. The Board’s Policy and Public Works Subcommittee recommends entering into these agreements with the Cities of Conover and Hickory and the Town of Long View.

CONTACT: DAVE HARDIN, PUBLIC INFORMATION OFFICER 465-8464