The Catawba County Board of Commissioners met at 7 p.m. on Monday, June 15, 2009, at the 1924 Courthouse at 30 North College Avenue in Newton, NC.

COMMENTS FOR ITEMS NOT ON THE AGENDA
Terry Beal, owner and operator of Buffalo Beals Animal Park, came forward to request Board approval of a tiger display at the animal park for one day on Saturday, June 20, 2009. Mr. Beal acknowledged that this was not in compliance with the County’s ordinance regarding inherently dangerous exotic animals, but asked for an exception to the ordinance for this one-day display. The Board referred the request to Deputy County Attorney Anne Marie Pease for further research and discussion with animal control staff. Mr. Beal was advised that Ms. Pease would contact him regarding her findings.

PUBLIC HEARING
The Board held a public hearing and wrap-up session on the proposed Fiscal Year 2009-2010 County budget. The proposed budget would hold the County property tax rate stable at 53.5 cents per $100 of property value. It addresses the impact of the recession through conservative revenue estimates and by holding the line on spending. Operating costs are down by 4%, sixteen positions are unfunded, staff has been reassigned to areas with highest service demands, and technology used to maximize available resources. No salary increases and no new programs and services have been added. Citizens came forward to encourage the Board to reconsider funding for the Sex Offender Treatment Program; increase funding for Catawba Valley Behavioral Health (CVBH); for clarification of the reasoning and decision on the location of a new school for the Newton-Conover City Schools and why three of the requesting fire districts received tax increases while three did not; question funding for the proposed expansion/renovation of the County’s animal shelter; ask if there was a possibility of furloughs; and suggest the Board consider a tax decrease. After the public hearing, the Board held a wrap-up of its budget discussions and took action to appropriate $108,000 in ABC Substance Abuse Funds (revenues that had been included in the recommended budget, but the expense was not included); restore $4,375 funding to the Convention and Visitor Bureau of the $8,750 reduced in the recommended budget (for total funding of $33,125) and restore $8,500 funding to the Sex Offender Treatment Program contracted through Mental Health Partners under CVBH, by reducing the contracted amount for Psychiatric Support and Transcription Services through CVBH by the same amount. The Board will adopt the County Budget for Fiscal Year 2009-2010 at a Special Meeting scheduled for Wednesday, June 17, 2009 at 9:00 a.m. in the 2nd Floor Meeting Room of the Government Center.

APPOINTMENTS
Upon the recommendation of Vice-Chair Lynn Lail, the Board reappointed Al Jean Bogle for a fourth term, James Gaither for a third term, Gregory Hayes for a fifth term and David Huffman for a fifth term on the Criminal Partnership Advisory Board. Also upon Vice-Chair Lail’s recommendation, the Board reappointed Grace McLeod for a fourth term on the Nursing and Rest Home Community Advisory Committee. Upon the recommendation of Commissioner Dan Hunsucker, the Board reappointed Ken Hilderbran to a fifth term on the Conover Planning Board and appointed Jamie Treadaway for a first term to replace his wife, Laura Treadaway, on the Newton-Conover Auditorium Authority Board of Directors. Upon the recommendation of Commissioner Glenn Barger, the Board reappointed Bob Sanford for a third term on the Jury Commission; Janet Crump for a second term and Captain Mark Shook for a first full term on the Repay Board of Directors and appointed Tami Hefner for a first term on the Home & Community Block Grant Committee to replace Grace McLeod who retired. Also upon the recommendation of Commissioner Barger, the Board reappointed Alanda Jackson for a fourth term, Daniel McEachran for a first full term, Donna Mull for a third term, Karen Yaussy for a third term, Sam Kuhn for a third term and Sara Greko for a second (it said “send”) term on the Community Services Block Grant Board. Also on the recommendation of Commissioner Barger, the Board appointed Christopher Johnson and Diana Smith-Williams for first terms on the Community Services Block Grant Board. Upon the recommendation of County Manager J. Thomas Lundy, the Board appointed Mark Logan for a first full term as tax assessor.

Chair Barnes recommended the appointment of 84 persons to four different committees of Social Services’ Catawba Aging Leadership Planning Team. These individuals will be named in the official minutes of this Board of Commissioners minutes and were identified at the Board’s subcommittee meeting of June 8, 2009.

CONSENT AGENDA
a. The Board approved reductions to the Fiscal Year 2008-2009 Juvenile Crime Prevention Council (JCPC) budget in response to budget cuts mandated by the State of North Carolina for the current fiscal year. The State has required its Department of Juvenile Justice to implement a series of budget cuts in order to help cover the State’s deficit. On April 5, 2009, the JCPC received notice that each county would have a 7% reduction in funds for the month of April. On April 30, the Council received notice that it would have a 3.5% reduction in May and June, with one-half taken in May and one-half in June. The total amount of budget cuts was $14,289. JCPC’s original allocation was $349,859. After the budget cuts, the allocation is $335,570. The JCPC Finance Committee recommended to the JCPC that cuts be applied equally. A percentage reduction was applied to each program so smaller programs would not see a greater cut than programs receiving more funding. All programs are on target to meet requirements for the year, and all programs continue to see increased demand for service.

b. The Board approved the JCPC’s Annual Plan and recommended State funding allocations, which are dependent upon State funding in the new budget. The JCPC is an organization established by the State of North Carolina’s Department of Juvenile Justice. The JCPC exists to identify risks for youth in the community, prevent crime among “at-risk” youth, review court data and identify needed programs to provide intervention and prevention. Membership is determined mostly by the statute establishing the JCPC. Representatives are involved with youth activities. Funding is allocated by the State, distributed to the County and then to programs. The annual plan is consistent with the 2009-10 recommended County budget, which includes $349,859 in State JCPC funding for programs as approved by the JCPC. Corner House I and II and Family N.E.T. are County services receiving JCPC funding totaling $238,776 and are part of Social Services’s recommended budget. JCPC Administration, the Conflict Resolution Center, Parenting Network and Project Challenge are outside agencies receiving JCPC funds. A total of $111,083 is budgeted in the proposed 2009-2010 County budget as pass-through funds.

c. The Board approved a joint grant application with the City of Hickory for a 2009 Justice Assistance Grant (JAG) from the United States Department of Justice. These funds will be used to purchase 800 MHz radios for the Sheriff’s Office’s Patrol Unit. The County’s share of grant funds is expected to be $16,403, with no local match required. JAG funding allocation is based on population and violent crime statistics. This grant submission is separate from a Recovery JAG award applied for in April 2009 which will fund an additional Sheriff’s Deputy position for one year. The grant allows local governments to support a broad range of activities to prevent and control crime based on their own needs.

d. The Board authorized the County’s Director of Utilities and Engineering to act as the “responsible official“ to State officials on behalf of Catawba County, with respect to environmental matters associated with solid waste, air quality, land quality, and water quality regulations as they relate to the functions and projects of the Utilities and Engineering Department. On May 21, 2009, Catawba County Director of Utilities and Engineering Barry Edwards received a request from the Division of Air Quality of the North Carolina Department of Environment and Natural Resources for clarification of the “responsible official” for municipal solid waste landfills owned by a county. Title V permitting regulations require that applications and submittals, including but not limited to reports and compliance certifications, be signed by the responsible official. Justification for the conclusion that the responsible official should be the Director of Utilities and Engineering was also requested. Staff submitted that the job requirements of the position of Director of Utilities and Engineering and the extensive knowledge and experience of the Director uniquely qualify the Director to be the “responsible official” with regard to Title V permitting regulations, water quality, land quality and solid waste, as they pertain to the functions of the Utilities and Engineering Department.

e. The Board confirmed for its minutes the Board’s authorization, obtained through polling due to time constraints, for the County Manager to sign documents related to the receipt of federal grant funds through the American Recovery and Reinvestment Act of 2009 (ARRA). On February 16, 2009, the Board approved resolutions for ten water and sewer projects for potential submission to the North Carolina Department of Environment and Natural Resources for funding under ARRA. At its May 18, 2009 meeting, the Board received a report on the County’s receipt of a $3 million award through ARRA for the Blackburn-Plateau Water Loop, with $1.5 million in a principal forgiveness loan that does not have to be repaid, and $1.5 million in a zero percent interest loan with a 20-year term and annual payments estimated at $75,000. The estimated cost for the Blackburn-Plateau Water Loop project is $3,642,580. Staff worked with appropriate State offices to secure final confirmation of the funding and received an Offer and Acceptance of Loan for Water Supply System Project that had to be signed and dated by June 12, 2009. Due to this deadline, polling of the Board to authorize the County Manager to execute this document was required, as the next scheduled meeting of the Board was not until June 15, 2009. Two Board members were polled by phone, and three Board members were polled at Board subcommittee meetings on June 8, 2009. All Board members agreed to this authorization.

DEPARTMENTAL REPORTS

UTILITIES AND ENGINEERING
1. The Board adopted a resolution approving a mandatory three-year update to the current ten-year Catawba County Solid Waste Management Plan, which includes management of abandoned manufactured homes, during an advertised public meeting that allowed for a public comment period. The purpose of the Plan and the mandatory three-year update is to meet local solid waste needs and document measurable progress made toward a good-faith effort to achieve both the County’s waste reduction goal and the State’s waste reduction goal. On June 16, 1997, the Board adopted a State-mandated ten-year Solid Waste Management Plan in accordance with North Carolina General Statute §130A-309.09A. The draft Plan with three year update was available for public review at the Catawba County Library at 115 West C Street, Newton and the Catawba County Utilities and Engineering Department at the Government Center at 100-A Southwest Blvd, Newton from June 9 through June 15, 2009.

2. The Board approved entering into an agreement to accept a $150,000 grant award offered by the North Carolina Biofuels Center for the purchase of feedstock crushing and/or storage equipment to be used as part of the County’s planned Biodiesel Research Facility and authorized County Manager J. Thomas Lundy to execute the necessary documents for this grant. On July 21, 2008, the Board awarded a design contract for the Biodiesel Research Facility to Camp, Dresser, & McKee. The design is complete. To improve the efficiency of the Biodiesel Research Facility, a feed stock crushing facility needs to be developed and installed that includes automated seed crushing equipment. The current process for crushing seeds harvested from feedstock crops grown on the landfill property uses a hand operated seed crusher brought to the site from Appalachian State University. This hand operated seed crusher is small, inefficient and will not be able to meet the demands of the Biodiesel Research Facility when it is ready for production. The Biodiesel Research Facility budget currently include $300,000 for the feedstock processing station, not including seed crushing equipment and with minimal crop yield storage capacity. The efficiency of the Biodiesel Research Facility will be increased greatly through the use of this grant, by increased output and improved yield storage.

The current Biodiesel Research Facility budget indicates an eight-year payback on the cost of the facility. Utilizing these grant dollars to purchase the improved seed crushing and storage equipment will help the County realize the anticipated payback period, and possibly improve on it, as these components of the EcoComplex will need to be purchased in order to utilize the facility to its fullest. In the current facility budget, seed crushing equipment was not included in order to keep the cost of the facility to a minimum. The Biofuels Center grant presents an opportunity for the County to improve upon the efficiency of the system without negatively impacting the overall budget of the project.

3. The Board rejected all bids received on April 22, 2009 for construction of a utility bridge as part of the Southeastern Catawba County (SECC) Wastewater Collection System; awarded the project bid to Gilbert Engineering Company of Statesville, NC, in the amount of $398,893, and appropriated funding from the Water and Sewer Construction Fund in the amount of $398,895 for this project. (Note: budget transfers are made in increments of $5)

On June 16, 2008, the Board awarded construction contracts on six of seven divisions of the SECC Wastewater Collection System to three contractors. The seven divisions of the project consist of three pump stations, three sections of varying sizes of sewer line, and one utility bridge. The utility bridge would include 311 linear feet of sewer force main, and 185 linear feet of 24-inch steel encasement pipe for a future twelve-inch water line. The utility bridge will support the sewer force main and future water line over the Norfolk Southern Railroad at its intersection with Hudson Chapel Road. The utility bridge will parallel an existing North Carolina Department of Transportation (NCDOT) roadway bridge. The NCDOT no longer permits water or sewer lines to be suspended from NCDOT bridges. There will be approximately 30 feet between the existing roadway bridge and the utility bridge. The actual span of the utility bridge is approximately 150 feet in length and 9 feet in width.

On April 22, 2009, Catawba County received bids for the following contractors: Gilbert Engineering Co. $438,834; Taylor & Murphy Construction Co., Inc. $454,500; Mountain Creek Contractors $667,175 and G.L. Wilson Building Co. $1,261,018.

After a review of the bids, and in an attempt to garner better bid prices, County staff made the decision for the project to be rebid. Bids were received on May 28, 2009 from the following contractors: Gilbert Engineering Co., $398,893; DHG Griffin Infrastructure, $561,140 and Hickory Construction Co., $622,000. Based on the review of the bids and qualifications, staff recommended the bid be awarded to Gilbert Engineering Company of Statesville, NC, in the amount of $398,893.

Funding for this part of the project was included in financing approved by the Board on April 7, 2008, but those funds have not been appropriated from the Water and Sewer Construction Fund Balance. Therefore, $398,893 will be appropriated from the Water and Sewer Construction Fund.

MANAGER’S REPORT
Upon the request of County Manager J. Thomas Lundy, the Board moved into Closed Session in accordance with General Statute 143-318.11(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body. The Board did not take any action upon its return to open session, and adjourned the meeting.

CALENDAR
There is only one Board of Commissioners meeting in the month of July due to the 4th of July holiday. The July meeting will take place on Monday, July 20, 2009 at 7:00 p.m. at the 1924 Courthouse. This meeting will follow a joint meeting of the Board of Trustees of Catawba Valley Community College and the Catawba County Board of Commissioners scheduled for 5:00 p.m. at the College.