Minutes - Catawba County - Catawba County Government



Regular Session, December 21, 2020, 7:00 p.m.

Catawba County Board of Commissioners

Appointments

NCACC Legislative Goals Conference Voting Delegate and Alternate 302 12/21/20

Ordinances

Amendment to Catawba County Zoning Map – Laurelbrook 295 12/21/20

Planning

Laurelbrook Rezoning Request and Public Hearing 295 12/21/20

Public Hearing

Laurelbrook Rezoning Request 295 12/21/20

Resolutions

Water Resources Development Grant Application – on behalf of YMCA of Catawba Valley 303 12/21/20

Soil and Water

Water Resources Development Grant Application – on behalf of YMCA of Catawba Valley 303 12/21/20

Tax

November Tax Refund/Releases 304 12/21/20

YMCA of Catawba Valley

Water Resources Development Grant Application – on behalf of YMCA of Catawba Valley 303 12/21/20

The Catawba County Board of Commissioners met in Regular Session on Monday, December 21, 2020, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Government Drive, Newton, North Carolina.

Present were Chair Randy Isenhower, Vice-Chair Barbara G. Beatty, and Commissioners Austin Allran, Katherine W. Barnes, and Sherry E. Butler.

Also present were County Manager Mick Berry, Deputy County Manager Mary Furtado, County Attorney Debra Bechtel, Deputy County Attorney Jodi Stewart, and County Clerk Barbara Morris.

1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.

2. Vice-Chair Barbara Beatty led the Pledge of Allegiance.

3. Chair Isenhower offered the invocation.

4. Commissioner Sherry Butler made a motion to approve the minutes of the Board’s Regular Meeting of December 7, 2020. The motion carried unanimously.

5. Recognition of Special Guests: Chair Isenhower welcomed everyone present.

6. Public Comments: None.

7. Public Hearing:

Assistant Planning Director Chris Timberlake requested the Board hold a public hearing to receive citizen comments and consider: Termination of a portion of the April 16, 2007 Development Agreement as it relates to the property (approximately 487 acres) owned by the Garmons and formerly owned by Carolina Centers LLC; consideration of rezoning 872-acres from R-40, R-80, and GI to Planned Development-Conditional District; consideration of a conceptual site plan and vision booklet for a proposed residential development named Laurelbrook; and consideration of a Development Agreement between Joseph Garmon, Sonya Garmon, David Garmon, Kathy Garmon, Jerome Eades, Brenda Eades, Ronald Eades, Karen Eades and Catawba County, which provides amenities and long term benefits to the community.

The proposed development offers a variety of benefits to the region, County, and community including:

• Housing – Variety of housing types, sizes, and price points to accommodate young working individuals to retirees.

• Economic – Creation of full-time jobs associated with construction, sales tax revenue and increase to property tax base.

• Transportation – Improvements at off-site intersections.

• Public – Contributions to Catawba County for improvements to services for such things to potentially include County school facilities, EMS facilities, regional park amenities and/or improvements to services offered by the County Sheriff’s office.

In April 2007, the Board of Commissioners approved the rezoning of multiple parcels and a development agreement. The current property owners, the Garmons and Eades, desire to enter into a new development agreement with Catawba County. BBC Laurelbrook LLC (Prestige Corporate Development LLC) seeks rezoning of six parcels to allow for a planned residential community.

The subject parcels (six tracts) are zoned R-80 Residential, R-40 Residential, and General Industrial. Under the current development agreement, the R-80 Residential property (478 acres) is limited to a maximum 100 dwelling units. Portions of the 478 acres have been timbered, while areas within a conservation easement remain wooded. The R-40 Residential and General Industrial properties (5) are either wooded or agricultural. The properties are in the Sherrills Ford Small Area Planning District, Catawba and Mountain Creek Townships. They are further identified by Parcel ID numbers 460904623827, 460902751111, 460902569543, 460901478416, 460901378911 and 460902970884.

The properties to the north are zoned R-40 Residential (40,000 square foot minimum, 1 dwelling per acre) or R-30 Residential (30,000 square foot minimum, 1.33 dwellings per acres). The parcels vary in size, but most are larger tracts of land. Some are undeveloped (wooded or agricultural use) and others contain single-family homes.

The properties to the south are a mix of R-20 Residential (20,000 square foot minimum, 2 dwellings per acres), R-30 Residential, R-40 Residential and Planned Development-Conditional District. Most of the R-20 properties are part of the White Dove and Lynmore subdivisions. Most of the R-30 properties are part of the New Haven Estates subdivision. Many of these properties contain single-family homes, while some remain undeveloped. The PD-CD zoned property is the location of a veterinarian office and medical/office campus. One parcel is a possible future site for a fire station.

The properties to the east are zoned R-30 Residential and R-80 Residential (80,000 square foot minimum, 1 dwelling per 2 acres). Several contain single-family homes, while others are undeveloped. One parcel is the location of a sewer lift station.

Parcels to the west are zoned R-20 Residential and R-40 Residential. Several of the properties are undeveloped. Many contain single-family homes with a mixture of manufactured and stick-built.

Rezoning/planning history of this property includes:

Terrapin Creek Tract

• April 2007: Parcel 1F was rezoned to R-80 Residential and was included in the 2007 development agreement limited to 100 dwelling units.

• June 2008: Parcel 28 received special use permit for veterinarian’s office. In December 2017 the parcel was rezoned to PD-CD to include medical and office uses.

1988: Portions of Parcels 1B, 1C and 1D rezoned to Manufacturing-Industrial, which was renamed to General Industrial (GI) district with adoption of the Unified Development Ordinance in 2007.

Laurelbrook is a proposed phased cluster subdivision, siting small residential lots within certain developable areas of the project, preserving natural resource corridors and providing passive open space areas. The proposal calls for 1,744 homes on 872 acres, a density of two dwellings per acre, consistent with the R-20 Residential zoning district. The cluster subdivision design would preserve approximately 458 acres of open space. Two amenity centers would serve the project offering indoor and/or outdoor pools and outdoor recreation areas. Trails and sidewalks would extend throughout the site. A minimum buffer of 50’ would extend around the project, although a considerable amount of the perimeter would have an extended buffer area due to the natural features (topography and riparian areas) of the site.

Laurelbrook is proposed to include an age-targeted active adult community to the north and a more traditional (one-story, two-story) community to the south side of the project. Varied lot sizes are proposed including 40’, 50’, and 70’ wide lots for single-family detached homes. Setbacks within each lot are proposed at 20’ front, 5’ side, and 10’ rear. A maximum of 300 single-family attached (townhomes) are possible, inset within the subdivision with setbacks of 20’ front and 10’ rear. Building materials include hardi-board, cementitious stone, tile stucco, and brick. Vinyl is not an allowed façade treatment material. Roads within the subdivision must be designed to NCDOT standards and offered for state maintenance. Any bridges not maintained by the state would be privately maintained by a Homeowner’s Association (HOA). Street trees, lighting and sidewalks will extend along all roads.

Laurelbrook is proposed with four access points, three off Mollys Backbone Road and one off Hopewell Church Road. One of the Mollys Backbone Road access locations is proposed as gated for emergency use only.

The six tracts which comprise the Laurelbrook project are located within the Watershed Protection-Overlay (WP-O), Watershed Protection and Critical Area Watersheds. Cluster subdivisions, which preserve open space by concentrating development on smaller lots, are permitted within the watersheds. Based on the density (2 units per acre) proposed, stormwater control measures would not be required. The Floodplain Management-Overlay (FP-O) (floodplain) extends along Terrapin Creek, Terrapin Creek Tributary, some backwater and additional tributaries. Only a small portion of the eastern part of the project are within the Catawba River Corridor-Overlay (CRC-O) District; however, none of the proposed residential lots would have frontage on the Catawba River/Lake Norman.

North Carolina General Statutes §153A-349 et. seq allows local governments to enter into a development agreement with a developer to mitigate for the impacts of a large-scale development project through the securing of amenities which will address growth, improve quality of life and provide long-term benefits to the community. A development agreement also provides assurance to the developer that development standards will remain stable over the long-term life of the project.

The proposed Laurelbrook development, due to its size and long-term build out, qualify under the general statutes to be subject to a development agreement. The County and Prestige Corporate Development LLC have agreed upon terms in a development agreement which provide orderly growth and long-term benefits to the community. The development agreement establishes the terms and structure of the development by the developer of approximately 872 acres consisting of six parcels located along and between portions of Mollys Backbone Road and Hopewell Church Road.

The term of the development agreement is twenty years. The development agreement includes:

General Provisions:

• This development, referred to as the Laurelbrook site, is located on the following parcels: 460904623827, 460902751111, 460902569543, 460901478416, 460901378911 and 460902970884.

• A maximum of 1,744 residential units, 300 of which can be townhomes, may be developed on the site.

• Within 5 years of the date of the agreement, developer shall have commenced and completed 436 dwelling units, 872 dwelling units in 10 years, 1,308 in 15 years, and 1,744 in 20 years.

• The developer shall be responsible for the expense and installation of all off-site transportation improvements required by NCDOT relative to the Traffic Impact Analysis (TIA) according to its phasing schedule.

• The developer shall donate and contribute the sum of One Million Dollars ($1,000,000.00) over a 90-month schedule for the following public purposes: improvements to County schools, a new EMS facility, regional park and/or improvements to the County Sheriff’s office.

• The developer shall pay County and City of Hickory fees at the time application is made for water and sewer service.

A development agreement adopted pursuant to N.C.G.S. 153A-349 must be noticed to the public and adopted like any other zoning ordinance amendment. Adjoining property owners of the development agreement areas have received individual mail notice, and the properties have been posted with signs noting the time and place of a public hearing. The Board of Commissioners must conduct a public hearing in order to consider adoption of the development agreement.

Public water and sewer is available to the Laurelbrook properties. Sufficient capacity exists within the system to serve this development. The developer is responsible for connecting to existing utilities by engineering, designing, permitting, constructing, and installing the sewer and water lines to be located within the site.

A Traffic Impact Analysis (TIA) is being produced by the developer and will be reviewed by NCDOT. Pending approval of the TIA by NCDOT, certain transportation and traffic improvements must be constructed by the developer to mitigate traffic impacts created by the proposed development.

Mollys Backbone Road is considered a local residential collector road. Traffic counts taken in 2019 near Lynmore Drive along Mollys Backbone Road measured 2,500 Annual Average Daily Traffic (AADT). This number remains stable from year 2017. Adopted thoroughfare plans do not recommend any improvements to Mollys Backbone Road other than minor shoulder widening. Hopewell Church Road is also a local residential collector road. Traffic counts taken in 2019 near Sherrills Ford Road along Hopewell Church Road measured 1,100 AADT. With exception of dropping in years 2009 and 2011, they have remained at 1,100 since year 2002.

Suggested improvements from preliminary TIA studies include:

Proposed Improvements for Phase I

Site Driveway 1 (Mollys Backbone Road)

• Construct the site driveway 1 approach with one ingress and one egress lane each. Provide the egress lane with one shared left/right-turn lane.

Site Driveway 2 (Mollys Backbone Road)

• Construct the site driveway 2 approach with one ingress and one egress lane each. Provide the egress lane with one shared left/through/right-turn lane.

Site Driveway 3 (Mollys Backbone Road)

• Construct the site driveway 3 approach with one ingress and one egress lane each. Provide the egress lane with one shared left/right-turn lane.

Site Driveway 4 (Hopewell Church Road)

• Construct the site driveway 4 approach with one ingress and one egress lane each. Provide the egress lane with one share left/through/right-turn lane.

Proposed Improvements for Phase 2

Site Driveway 1 (Mollys Backbone Road)

• Widen the northbound Mollys Backbone Road approach to provide an exclusive left-turn lane with at least 100 feet of storage and appropriate taper.

Proposed Improvements for Phase 3

Intersection of Mollys Backbone Road and Sherrills Ford Road

• Extend the existing eastbound left-turn land on Sherrills Ford Road to provide at least 250 feet of storage and an appropriate taper. Widen the westbound Sherrills Ford Road approach to provide and exclusive right-turn lane with at least 200 feet of storage and an appropriate taper. Widen the southbound Mollys Backbone Road approach to provide an exclusive left lane with at least 175 feet of storage and an appropriate taper. Signalize the intersection with protected left turn phasing for eastbound approach.

Proposed Improvements for Phase 4

Site Driveway 2 (Mollys Backbone Road)

• Widen the northbound Mollys Backbone Road approach to provide an exclusive left-turn lane with at least 100 feet of storage and an appropriate taper.

Intersection of Sherrills Ford Road and Mt. Pleasant Road

• Widen the northbound Sherrills Ford approach to provide an exclusive right-turn lane with at least 200 feet of storage and an appropriate taper.

Intersection of Sherrills Ford Road and NC 150 Highway

• Extend the southbound dual left-turn lanes (one lane is anticipated to be built in 2021 by Gabriel Village and the other in 2025 by Terrell Town Center Phase 2) on Sherrills Ford Road to provide at least 500 feet of storage and an appropriate taper. Extend the existing eastbound left-turn lane on NC 150 to provide at least 500 feet of storage and an appropriate taper. Extend the existing westbound right-turn lane on NC 150 to provide at least 500 feet of storage and an appropriate taper.

The Sherrills Ford Small Area Plan (SAP) was accepted in February 2003. Land use recommendations for the subject properties including R-30 Residential and R-80 Residential. The plan was amended in April 2007 to allow up to 3 units per acre when public water and sewer is available. The request is consistent with the accepted land use plan recommendations. The proposed project has qualities such as being a walkable neighborhood, preservation of significant open space through cluster design, buffering, and higher density where utilities are available in addition to financial contributions that will provide public service enhancements and requirements for installation of off-site transportation improvements.

The Planning Board held a public hearing on November 30, 2020 to consider the request and make a recommendation. Approximately 37 people attended the hearing. The Planning Board asked about:

• location of sewer;

• whether the developer could cross the Catawba Lands Conservancy easements with streets;

• if the Corps of Engineer would have to review stream crossings; and

• whether the financial contribution in the development agreement was reasonable for improvements needed for EMS, schools, parks, etc.

Eleven people spoke with concerns about:

• limited review time by the public;

• too much density;

• proposed inclusion of townhomes;

• too much traffic for the current transportation facilities;

• public service concerns (school capacity, fire, EMS); and

• environmental impacts.

Robert Davis and Steve Bailey spoke on behalf of Prestige Corporate Development. They indicated:

• they would work with Catawba Lands Conservancy with regard to the conservation easement and may even work to extend the easement;

• discussions had been held with the Sherrills Ford-Terrell Fire Department about timeframe of extending and upsizing the waterline along Mollys Backbone Road with respect to construction of the future fire department plans;

• 50% of the development would be age-restricted (55+ years); and

• Prestige has worked hard in the community to keep NC 150 widening on its current alignment and continues to try to remove barriers that would negatively impact widening, such as offering donation of right-of-way.

Robert Eades indicated his family had been approached many times to sell the property and believes the proposal aligns with the adopted small area plan. They found Prestige to be civic-minded and could see the development through. The Eades family remains committed to the community and feels Prestige’s interest aligns with the community. They are offering public trails within the development, and by comparison the open space proposed for the development is comparable to the larger county parks.

Staff recommended the rezoning. The Planning Board failed to submit a favorable recommendation for rezoning, with 2 for and 5 against such a motion. Staff’s recommendation to submit a favorable recommendation to the Board of Commissioners relative to the Laurelbrook development proposal is based upon:

1. Termination of a portion of the April 16, 2007 Development Agreement as it relates to the property (approximately 487 acres) owned by the Garmons and formerly owned by Carolina Centers LLC;

2. Rezoning the 872-acres from R-40, R-80, and GI to Planned Development-Conditional District and subject to the conceptual site plan and vision booklet for a proposed residential development named Laurelbrook;

3. Entering a new Development Agreement between Joseph Garmon, Sonya Garmon, David Garmon, Kathy Garmon, Jerome Eades, Brenda Eades, Ronald Eades, Karen Eades and Catawba County which provides amenities and long term benefits to the community; and

4. Consistency with the Sherrills Ford Small Area Plan recommendations for high-density when public water and sewer are available.

Information related to the most frequently cited concerns regarding this development has been included below, for the BOC’s consideration.

Schools

• There are four schools whose capacities would be potentially affected by the Laurelbrook development. The 2017-18 School Growth Estimation Model which integrates assumptions around the likely volume and pace of approved development in the Sherrills Ford area shows the 2024-25 projected enrollment in all four of these schools in below capacity.

• Developer is providing financial donations to the County which may be used to fund school improvements to address future capacity concerns, as necessary.

• 50% of the development is age-restricted, and all of the development will be phased over time to allow future school growth modeling.

Fire

• Sherrills-Ford – Terrell Fire and Rescue owns property (9.5 acres) immediately across from the proposed development. The department is in the process of making future plans for expansion.

Transportation

• Off-site transportation improvements will be planned according to the phased development proposal submitted to NCDOT in the TIA.

• NC 150 widening (Catawba County) is planned to start in less than 9 years. Based on the development agreement, that is ½ way through the build-out requirement for the development.

• Continued commercial and mixed use development in the Terrell area will, over time, contribute to a situation where less traffic has to leave Catawba County on NC 150 because more services are available in closer proximity.

Density

• The proposed density of 2 dwellings per acre is below the density recommended in the Sherrills Ford SAP of 3 dwellings per acre when water and sewer are available.

• The existing density cap for the Terrapin Creek property (Garmon properties) expires when the development agreement sunsets (2027).

Environmental Impacts

• Cluster subdivision design with small lots has afforded the opportunity to preserve over 50% of the acreage as open space. This type of design promotes conservation, means that less lawn area receives fertilizers and water consumption, reduces the overall development footprint, and helps protect riparian corridors.

• The proposed residential use would eliminate the possibility of industrial use (+200 acres) which could have negative impacts on the environment.

Chair Isenhower opened the public hearing and asked that people keep their comments to three minutes. Ten people came forward to speak in opposition to the rezoning for the following reasons: density too high; roads cannot support the traffic volume and construction vehicles; no townhomes should be in the development; environmental impacts; disruption of cemetery on the land; and developers’ contributions to the County should be higher. The attorney for the developer spoke in favor. Chair Isenhower then closed the public hearing.

Chair Isenhower thanked all who spoke for being respectful and noted the Board had heard the citizens’ concerns that had been received by telephone and email. The Board members’ discussion that followed noted concerns about what type of industrial facility could be placed on the subject property as well as the possibility of chicken or hog farming because of the current zoning. It was further noted by the Board that the 2017-18 School Growth Estimation Model showed that the four schools in the area would not exceed capacity for 2024-25 projected enrollment. It was asked if the developer would be willing to eliminate the townhomes, allow no vinyl siding, that garage doors that faced the street be a variety of styles (craftsman, cottage, farmhouse) and include exterior decorative hardware, and broadband needs be addressed. The developer agreed to these changes. It was asked if the developer would set aside and protect the land on which the cemetery existed, provide a designated public parking for access to sidewalk and natural trails, work with Carolina Land Conservancy and the Carolina Thread Trail to establish additional conservation easements where practical, and the bridges on the property would be maintained by the developer until the last lot was sold and for future maintenance of these bridges, the developer would deposit $250,000 with the HOA 48 months after the initial plat was recorded. The developer agreed to these changes. It was further asked that the developer set aside land for the historic Terrell Country Store and the developer agreed. The Board stated further requirements of all access locations be reviewed and approved by NCDOT and the developer will encourage NCDOT to widen the shoulders along Molly’s Backbone Road.

After these discussions and the developers’ agreement to the above listed requirements by the Board of Commissioners, Commissioner Butler made a motion to terminate a portion of the April 16, 2007 Development Agreement as it relates to the property (approximately 487 acres) owned by the Garmons and formerly owned by Carolina Centers LLC; rezone the 872-acres from R-40, R-80, and GI to Planned Development-Conditional District and subject to the conceptual site plan and vision booklet for a proposed residential development named Laurelbrook; and enter into a new Development Agreement between Joseph Garmon, Sonya Garmon, David Garmon, Kathy Garmon, Jerome Eades, Brenda Eades, Ronald Eades, Karen Eades and Catawba County which provides amenities and long term benefits to the community and is consistent with the Sherrills Ford Small Area Plan recommendations for high-density when public water and sewer are available. The rezoning will be based on the following conditions, which the applicant agrees to: the proposed townhomes (300) will be replaced with single-family homes in keeping with the surrounding development patterns; bridges will be maintained by the Developer until the last lot is sold. For future maintenance of the bridges within the development, Developer will deposit $250,000 with the HOA 48 months after the initial plat is recorded; the Developer must provide designated public parking for access to sidewalk and natural trails. Developer will work with the Carolina Thread Trail and the Catawba Land Conservancy to establish additional conservation easements where practical. Additionally, Developer will set land aside for the historic Terrell Country Store; garage doors shall not be the typical raised panel design, but will be a mixture of styles (craftsman, cottage, farmhouse) and will include exterior decorative hardware; the Developer will work with contractors to get broadband to and within Laurelbrook; all site access locations must be reviewed and approved by NCDOT; and the Developer will encourage NCDOT to widen shoulders along Molly’s Backbone Road. The motion carried unanimously. The following ordinance and consistency statement apply:

Ordinance No. 2020-______________

AMENDMENT TO THE CATAWBA COUNTY ZONING MAP

BE IT ORDAINED, BY THE BOARD OF COMMISSIONERS, that the Catawba County Official Zoning Atlas is hereby amended by rezoning the following described properties from R-80 and R-40 Residential and General Industrial to Planned Development-Conditional District (PD-CD) (RZ2020-14):

872-acres of land in the Sherrills Ford Small Area Planning District, Catawba and Mountain Creek Townships, and further identified by Parcel Identification Numbers 460904623827, 460902751111, 460902569543, 460901478416, 460901378911 and 460902970884.

PLAN CONSISTENCY STATEMENT:

Pursuant to NCGS 153A-341, the Catawba County Board of Commissioners finds the request to be consistent with the Sherrills Ford Small Area Plan, amended on April 16, 2007, recommending an allowance of up to 3 units per acre when public water and sewer is available.

The board finds the request reasonable for rezoning and in the public’s interest based upon:

1. Termination of a portion of the April 16, 2007 Development Agreement as it relates to the property (approximately 487 acres) owned by the Garmons and formerly owned by Carolina Centers LLC;

2. Rezoning the 872-acres from R-40, R-80, and GI to Planned Development-Conditional District and subject to the conceptual site plan and vision booklet for a proposed residential development named Laurelbrook;

3. Entering a new Development Agreement between Joseph Garmon, Sonya Garmon, David Garmon, Kathy Garmon, Jerome Eades, Brenda Eades, Ronald Eades, Karen Eades and Catawba County which provides amenities and long term benefits to the community; and

4. Consistency with the Sherrills Ford Small Area Plan recommendations for high-density when public water and sewer are available.

In addition, the Board of Commissioners approves the rezoning based on the following conditions, which the applicant agrees to:

a. The proposed townhomes (300) will be replaced with single-family homes in keeping with the surrounding development patterns.

b. Bridges will be maintained by the Developer until the last lot is sold. For future maintenance of the bridges within the development, Developer will deposit $250,000 with the HOA 48 months after the initial plat is recorded.

c. The Developer must provide designated public parking for access to sidewalk and natural trails. Developer will work with the Carolina Thread Trail and the Catawba Land Conservancy to establish additional conservation easements where practical. Additionally, Developer will set land aside for the historic Terrell Country Store. 

d. Garage doors shall not be the typical raised panel design, but will be a mixture of styles (craftsman, cottage, farmhouse) and will include exterior decorative hardware. 

e. Developer is working with contractors to get broadband to and within Laurelbrook.

f. All site access locations must be reviewed and approved by NCDOT.

g. Developer will encourage NCDOT to widen shoulders along Molly’s Backbone Road. 

This, the 21st day of December 2020.

ZONING MAP AMENDMENT CONSISTENCY STATEMENT

On December 21, 2020 the Catawba County Board of Commissioners conducted a public hearing for the purpose of considering a zoning map amendment to properties identified by PIN 460904623827, 460902751111, 460902569543, 460901478416, 460901378911 and 460902970884 (Case #RZ2020-14).

Upon considering the matter, the Board of Commissioners finds the request to be consistent with land use recommendation #9 found within the Sherrills Ford Small Area Plan, amended in April 2007 to allow up to 3 units per acre when public water and sewer is available. The request is reasonable for consideration based upon:

1. Termination of a portion of the April 16, 2007 Development Agreement as it relates to the property (approximately 487 acres) owned by the Garmons and formerly owned by Carolina Centers LLC;

2. Rezoning the 872-acres from R-40, R-80, and GI to Planned Development-Conditional District and subject to the conceptual site plan and vision booklet for a proposed residential development named Laurelbrook;

3. Entering a new Development Agreement between Joseph Garmon, Sonya Garmon, David Garmon, Kathy Garmon, Jerome Eades, Brenda Eades, Ronald Eades, Karen Eades and Catawba County which provides amenities and long term benefits to the community; and

4. Consistency with the Sherrills Ford Small Area Plan recommendations for high-density when public water and sewer are available.

This decision was affirmed by a vote of ___-___ of the Catawba County Board of Commissioners.

8. Appointments:

Upon the recommendation of Chair Isenhower, which came in the form of a motion that unanimously carried, the Board designated Vice-Chair Beatty as the voting delegate and Commissioner Barnes as the alternate voting delegate to NCACC Legislative Conference on January 14-15, 2021 (virtually).

9. Consent Agenda:

County Manager Berry presented the following two items on the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be removed from the consent agenda for individual consideration; none was requested.

a. A request for the Board to authorize the Catawba County Soil & Water Conservation Office to submit a Water Resources Development Grant application to the North Carolina Department of Environmental Quality on behalf of the YMCA of Catawba Valley.

The Catawba Soil & Water Conservation Office was contacted on October 15th, 2020 by the Nat Auten, CEO of the YMCA of Catawba Valley regarding the stream that flows through the middle of the Hickory YMCA. The stream separates the gymnasium, pool and sports fields from the teen center and tennis courts. The two areas are connected by a foot bridge that crosses the stream.

During normal daily flows, the stream’s flow is slow enough that there is sediment being deposited in the channel, creating sandbars along the sides and center of the channel. This sediment is limiting the capacity of the stream to carry the storm flow during rain events, which is causing the stream to flood its banks and causing a hazard to the YMCA’s infrastructure and patrons. There were repairs made to the stream a number of years ago, which consisted of lining the stream channel’s sides and bottom with riprap stone. These repairs were not engineered, and the size and shape of the channel was not addressed.

Soil & Water staff made an initial site visit on October 16th, 2020. Based on the results of the field visit, the Soil & Water Office submitted an engineering request to the Technical Services Section of the NC Division of Soil & Water Conservation. Division Engineer Cindy Safrit met with Soil & Water and YMCA staff on October 26th, 2020 at the site to evaluate the stream and determine if stream restoration was a viable option. Ms. Safrit provided the Soil & Water staff a concept design in preparation for a pre-application meeting for the Water Resources Development Grant. The design includes reshaping the channel and installing in-stream structures that would direct both the daily flow and storm flow. The design also calls for planting of native vegetation to help mitigate the storm flow as well as help prevent streambank erosion.

On November 17th Soil & Water and YMCA staff had a pre-application site visit meeting with Amin Davis with the NC Department of Environmental Quality to discuss the scope of the project as well as funding and deadlines. The deadline for the application is December 31st, 2020 and requires a local government to serve as the applicant. Grant awards will be announced in Spring 2021 with an allowance of two years to complete the project if approved.

The estimated grant funding request is $92,894, including: $75,000 In-stream repairs and vegetative plantings; $8,400 Survey and engineering; $570 Permit; $1,500 Signage; $3,000 Administrative; and $4,424 Contingency.

This grant requires a 50% cash or in-kind match of $46,447. The NC Division of Soil & Water Conservation has authorized the time and resources of engineer Cindy Safrit to be used as in-kind match for the grant. There will be other opportunities to utilize volunteer help as in-kind match such as planting the native vegetation. The YMCA will be responsible for providing any cash match that cannot be satisfied by in-kind sources. This will be ensured by the development of a memorandum of understanding between the County and the YMCA. The following resolution applies:

WHEREAS, the Catawba County Board of Commissioners desires to support the YMCA of Catawba Valley Stream Restoration project, which would improve the flow and reduce sediment loading, erosion and flooding of the stream.

NOW, THEREFORE, BE IT RESOLVED THAT:

1) The Board requests the State of North Carolina to provide financial assistance to Catawba County for the YMCA Stream Restoration in the amount of $46,447 or 50% of project construction cost, whichever is the lesser amount;

2) The Board assumes full obligation for payment of the balance of project costs;

3) The Board will obtain all necessary State and Federal permits;

4) The Board will comply with all applicable laws governing the award of contracts and the expenditure of public funds by local governments.

5) The Board will supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction according to approved plans and specifications;

6) The Board will obtain suitable spoil disposal areas as needed and all other easements or rights-of-way that may be necessary for the construction and operation of the project without cost or obligation to the State;

7) The Board will assure that the project is open for use by the public on an equal basis with no restrictions;

8) The Board will hold the State harmless from any damages that may result from the construction, operation and maintenance of the project;

9) The Board accepts responsibility for the operation and maintenance of the completed project.

Adopted by the Catawba County Board of Commissioners this 21st day of December, 2020.

b. A request from the Tax Administrator for Board approval of one hundred fifty (150) releases totaling $13,132.35, and fifty-six (56) Motor Vehicles Bill adjustments / refunds totaling $3,561.19 requested during the month of November.

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 release or refund will be made.

Common reasons for release of tax bill amounts include changes in exemption status, change in situs, businesses closing / being sold, clerical errors, and material changes in property structures. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year transfers of ownership, change in values and change in situs.

Chair Isenhower stated the consent agenda came in the form of a motion, which carried unanimously.

10. Other Items of Business: None.

11. Manager’s Report: None.

12. Attorneys’ Report: None.

13. Adjournment. Upon a motion by Commissioner Butler, which unanimously carried, the Board adjourned the meeting at 8:45 p.m.

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Randy Isenhower, Chair

Catawba County Board of Commissioners

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Barbara E. Morris

County Clerk

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