HomeMy WebLinkAboutApril 15 2003 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
APRIL 15, 2003
The Iredell County Board of Commissioners met in Regular Session on
Tuesday, April 15, 2003, at 7:00 p.m., in the Iredell County Government Center
(Commissioners' Meeting Room), 200 South Center Street, Statesville, NC.
Present were:
Chairman Steve D. Johnson
Vice Chairman Godfrey Williams
Doug Madison
Marvin Norman
Sara Haire Tice
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope,
Finance Director Susan Blumenstein, Planning & Code Enforcement Director Lynn
Niblock, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson.
INVOCATION by Chairman Johnson.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to
approve the following agenda adjustment.
Deletion: Request for a Discussion Regarding the North Carolina Department of
Transportation's Moving Ahead. Program
(NCDOT Board Member Frank Johnson will discuss this program during his presentation.)
VOTING: Ayes — 5; Nays — 0.
Presentation of Appreciation Plaques to Volunteers who have Served on a
County Board or Committee for Ten or More Years: Chairman Johnson presented
appreciation plaques to Mrs. Fern Sexton and Mr. Fred Deaton, Jr. Mrs. Sexton was
thanked and recognized for her many years of service on the Adult Care Home
Community Advisory Committee (ACHCAC). Mr. Deaton, a long-time member of the
Planning Board, was also thanked and recognized. (Mrs. Gertrude Ingram was unable
to attend the meeting; however, she was recognized for her ACHCAC service.)
APPOINTMENTS BEFORE THE BOARD
Update from North Carolina Department of Transportation (DOT) Board
Member Frank Johnson Regarding the Transportation Improvement Plan: DOT
Board Member Johnson gave updates on the following projects.
Rail from Mecklenburg County: Much discussion about powering the rail system with hydrogen.
Centre Church Road & Exit 33: These are two separate projects, but same contractor will work on both.
Lake Causeway Clearing: A new guard rail was installed and bushes brush were removed to improve the
lake views from 1-77.
General Cleanup: New contracts have been approved in an effort to keep the interstate highways and
other roadways cleaner.
1-77 & Hwy. 150: The extra lane has been started to relieve the backup occurring on the interstate in the
late afternoons. "Smart signalization" will be used.
Brawlev School Road: When the contractor completes the I-77/tiwy. 150 project, the extra -lane project
from Brawley School to Oaktree Road will be started. Trying to get assistance from developers to widen
Williamson Road, on both sides, and also south ofBrawley School Road.
Beautification at Exit 33 & 36: The Town of Mooresville is assisting with sone of the costs for these
interstate interchange beautification projects.
I-77 Resurfacing Project: This road was designed in the 1950s, and it uses a series of independent
concrete slabs causing a noisy and bumpy ride. The resurfacing should be completed by this summer,
and it should offer a quieter ride due to the usage of Novachip. 1-77 below Carowinds uses the semi-
permeable Novachip pavement that allows water to sink in and drain off to the side eliminating noise and
"splash off." Also, in reference to 1-77, there is an unfunded feasibility study in the Transportation
Improvement Program to widen it up to 1-40.
Interchange at 1-77: The engineering aspect has been "let." Two flyover bridges are planned. One will
be located at the hickory/Elkin interchange. This will be similar to the "flyover bridge" at Carowinds.
Another one will be at the Winston-Salem/Charlotte interchange. These will be $100 million projects.
The flyover bridges are safer. They help drivers gain enough speed to enter onto the roadway.
Hwy. 901: Guardrails will be erected on Hwy. 901. Also widening will occur.
1-40 Crossroads area: The construction of a "storage lane" is occurring between 1-77 and Hwy. 21. This
will be an integral part of the 1-77/1-40 reconstruction. The 1-40 resurfacing has been completed using
standard asphalt.
Hwy. 115 & 1-40: Development is occurring on the northeast corner, and research is being done on the
signalization.
Hwy. 150: The Lake Norman High School traffic backs up to the quarry. A traffic survey is being
conducted and widening is being reviewed.
Proposed Lake Norman Bike Trail: The DOT has designed a map trail around the lake. The trail is being
proposed due to anticipation that Lake Norman will become a tourist destination. Assistance will be
obtained from Duke Power, the Rural Planning Organization (RPO), and the other counties having Lake
Norman property.
North Carolina Moving Ahead! Program: Bond approval was given in 1989, but the money was never
borrowed. With current interest rates being low, the Governor will ask the legislature for an additional
$700 million for maintenance, modernization, and improvements. The money needs to be spent in two
years, and it would be divided over the State's 14 DOT Divisions. Viable projects need to be identified
soon. This will have an economic impact on the State due to the 30,000 jobs (300 for every county) that
will be created.
(End of DOT Board Member Johnson's Presentation)
County Manager Mashburn asked if the Moving Ahead! Program would take
money away from the Secondary Roads Program.
F. Johnson said it could, e.g., if a road was planned for resurfacing, the DOT
could eliminate the project and actually widen and resurface it. He said the Buffalo
Shoals Road needed some work, and it would be a good candidate for the new program.
Mr. Johnson said the DOT would be using a new machine to repair potholes. He said
the machine was so advanced that one employee, with perhaps the assistance of an
inmate, could fill the holes with a "hot mix" by operating levers in the truck cab, and
then drive to the next repair site. (The repairs will be done at night.)
Request from Big Brothers Big Sisters (BB/BS) of the Southern Piedmont
Executive Director J.C. Byers for Funding in the Amount of $50,000: Mr. Byers
said the BB/BS, a mentoring program, had significantly grown since it was first
established in 1983. He said the goal for 2003 was to serve 275 Iredell County youth
(kindergarten through the age of 19). Mr. Byers said he hoped the program would be
able to work with all of the schools in the county including the alternative school
(Alan D. Rutherford School site). He said BB/BS recruited "positive adult role models
to interact in the lives the kids." Mr. Byers said the Youth Enhancement Service
(Y.E.S.) Program specifically worked with children referred by the school system. He
said there was a need for case management, but the organization's funding was low.
Byers said financial support was being requested from the county in an effort to
increase the BB/BS services at the alternative school.
Commissioner Norman asked the total amount being requested
Byers said $50,000 for FY 03-04.
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Chairman Johnson thanked Mr. Byers for his presentation and the work being
done on behalf of the youth. Mr. Johnson, along with the other board members, agreed
to examine the request when the FY 03-04 budget process began.
PUBLIC HEARINGS
Chairman Johnson declared the meeting to be in a public hearing.
Consideration of the Proposed Iredell County 2003-2004 Secondary Road
Construction Program Submitted by the North Carolina Department of
Transportation (DOT): DOT District Engineer Clay Lunsford said 2.87 miles of
subdivision roadway paving was being planned, and this would leave approximately
five miles of unpaved roads in the county (state system). In reference to rural paving,
he said it was sometimes difficult to acquire the right-of-ways and this delayed some
projects.
Lunsford said the Moving Ahead! Program should not affect the Secondary
Road money. He said there was currently two batches of money -- trust fund money
and secondary road construction money. Mr. Lunsford said the secondary money could
be used at the discretion of the commissioners to widen, strengthen, or resurface a road.
He said that as long as a county had "dirt roads," the money would continue to be
received.
Commissioner Norman asked about the Old Mountain Road/Celeste Henkel
School project.
Lunsford said contracts would be "let" this week. He said the project wouldn't
start before school adjourned this year, but it would be completed by the fall 2003
school reopening.
Commissioner Williams asked why one road (#16) was not included in the
subdivision paving chart.
DOT Maintenance Engineer Patrick Norman said it was because the right-of-
ways could not be obtained. (The road will be placed in the "hold" category until the
legalities are resolved.)
Lunsford said the six counties in Division 12 (Alexander, Catawba, Cleveland,
Gaston, Iredell & Lincoln) could possibly receive $50 million in the Moving Ahead!
Program, and out of this, his three counties (Iredell/Catawba/Alexander) would be eligible
for $25 million. Mr. Lunsford asked for the county's input for the new program.
Chairman Johnson mentioned the traffic congestion occurring on Hwy. 64 near
the JayBee's Restaurant in the evenings. Johnson said several residents had inquired
about the placement of a right hand turn lane onto Greenbriar Road.
Lunsford said this was the type of project, along with any schools needing turn
lanes, that needed to be identified. He said a "warrant study" needed to be done on
Hwy. 64/Greenbriar, and the maintenance engineer would investigate.
No one else spoke, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Tice to accept the FY 03-04 Secondary Road
Construction Program as submitted by the North Carolina Department of
Transportation.
VOTING: Ayes — 5; Nays — 0.
The submitted program is:
3
Lredell County 2003-2004 Paving Priority
Fiscal Year 7/1/03 to 06/30/04
Paving Priority
SR#
Description
Length
Est. Cost
RURAL
2117
Kennesaw Rd.
1.82
$600,000.00
11 from hold list
From SR-2115
(permit)
to SR-2120)
8F
2103
Misty Road
1.08
$282,000.00
From SR-2106
to 2102)
Rural Total
2.90
$882,000.00
Subdivision
Streets
14
1735
Larne Circle
0.34
92,000.00
From SR-1005
to end of
maintenance
15
3009
Cottage Cove
0.12
48,000.00
From SR-3006
to dead end
17
3007
Washam Road
0.60
140, 000.00
From SR-1100
to SR-1100
18
1504
Oley Road
0.30
68, 000.00
From end of
pavement to
dead end
19
1625
Hudson Lane
0.30
66, 000.00
From SR 1502 to
dead end
20
1872
Grant dead end
0.30
66, 000.00
From SR 1899 to
dead end
21
1127
Poplar Spring
0.30
66, 000.00
From SR 1125 to
dead end
22
2736
Wall-Dellinger
0.19
41,800.00
From SR 1338 to
dead end
23
1622
Ernest Road
0.42
92,400.00
From SR 1533
to NC 115
Subdivision
2.87
680,200.00
Total
Property Owner
Participation
P.O.P.
1940
Fairdale Road
0.32
54,000.00
From SR 1926 to
dead end
Grand total=
6.09
$1,616,200.00
Continue Down Priority List until all funds are exhausted
Program subject to availability offunding right-of-way, and environmental review
N/A Various spot stabilization, secondary maintenance $ 298,952.00
Total Secondary Construction Program 1,616,200.00
Reserved for Contingencies 384 848.00
Total Allocation $2,300,000.00
Chairman Johnson declared the meeting to be in a public hearing.
Consideration of a Proposed Amendment to Chapter 4, Division 4, of the
Iredell County Code Regarding Unsafe Buildings/Structures: Planning & Code
Enforcement Director Lynn Niblock said the proposed amendments would not change
the current method of addressing unsafe buildings or structures. He said the changes
basically added "broader criteria for the department to use in determining if a structure
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was unsafe." Niblock said the following procedure would be used after a complaint
was received.
A member of the planning/enforcement department will investigate. IJ action is
needed, the owner will be notified of the necessary steps that need to be taken.
ff within 30 days, the corrective action has not been taken, a hearing will be
scheduled At the hearing, the owner will have the opportunity to present
his/her case. Next; the planning/code enforcement director will have the option
of requesting for the structure to be repaired, closed, vacated, or demolished
with a stated time frame. The owner will have the right to appeal the decision
to the board of commissioners, for a final determination. After this, if the owner
does not comply, the next step will be the court system.
Commissioner Williams asked how the amendments would affect next year's
budget.
Niblock said an additional inspector had already been requested. He said the
staff was currently enforcing this section of the ordinance, and an additional staff person
was needed to help in several areas -- not just for the proposed amendments.
Commissioner Norman said he understood citizens could appeal any
determinations to the board of commissioners.
Niblock said this was correct.
Chairman Johnson said he understood the process would be "complaint
initiated."
Niblock said this was correct.
Commissioner Tice said she understood that bona fide farm buildings were
exempt.
Niblock said this was also correct. He said the staff would not be looking at
tractor sheds, barns, and true farm -use buildings.
Chairman Johnson adjourned the public hearing.
MOTION by Commissioner Madison to approve the amendment to Chapter 4,
Division 4, pertaining to Unsafe Buildings/Structures as presented.
Commissioner Williams said, "I intend to vote against the proposed Unsafe
Buildings/Structures ordinance. I don't object to the intent of the ordinance, which is to
protect citizens from the negligence of their neighbors, but my objection comes from
the fact that this ordinance continues to erode our personal property rights. The fact is
that most of the proposed ordinance already exists in the code. We must not forget that
once an ordinance is adopted it applies to every citizen of Iredell County, regardless of
whether they live in a housing development near a town, or on a farm a quarter of a
mile from the nearest neighbor. It applies to the old family farmhouses and to the old
unused country stores. A citizen will have a right to bring a complaint against another
citizen and cause him unnecessary expense, or possible condemnation and demolition of
his property. Based on the fact that I believe the ordinance is already in effect, I will
vote no."
Commissioner Madison said he thought the amendments would actually help to
protect personal property rights. He said the changes would affect irresponsible
property owners who were disregarding the rights of others. Madison said citizens
could appeal any decisions to the commissioners.
VOTING: Ayes -4; Nays— 1 (Williams)
R
Proposed changes to Chapter 4 Division 4 of the Iredell County Code as proposed
by Lynn Niblock, Director of Planning & Enforcement
(Underlined sections indicate added language. Words/sections to be removed are
indicated by.n',o�s )
DIVISION 4. UNSAFE BUILDINGS /STRUCTURES*
The provisions of this division shall applv to all existing buildings or structures, and to all
buildings/structures hereafter constructed within the County. The provisions of this article shall
also apply to all abandoned, deteriorated or dilapidated, and manufactured buildings or structures
which are found by the Building Code Official to be a health or safety hazard because of the
attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting
a threat to children or adults, or use by vagrants as living quarters in the absence of sanitary
conditions.
The intent of this division is to address burned, dilapidated, unsafe and other structures which are
dangerous to the health, safety, or welfare of the occupants or other citizens only.
Bona ride farm buildings are exempt.
*Cross-references: Fire prevention and protection, Ch. 5; unsafe signs, App. A, § 145
Sec. 4-131. Construction of division.
This division is in addition to, and not in substitution for, any other ordinance affecting the same
subject matter.
(Ord. of 10-16-72, § 4-11)
State law references: Defective and unsafe buildings, G.S. § 153A-365 et seq.
Sec. 4-132. Periodic inspections for hazardous or unlawful conditions.
The inspection Director ofPlanning & Enforcement or designee shall make periodic
inspections, subject to the board of commissioner's directions, for unsafe, unsanitary, or otherwise
hazardous and unlawful conditions in buildings or structures within its territorial jurisdiction. In addition,
it shall make any necessary inspections when it has reason to believe that such conditions may exist in a
particular building. In exercising these powers, each member of the inspection division has a right, upon
presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the
division at any reasonable hour for the purposes of inspection or other enforcement action.
State law references: Similar provisions, G.S. § 153A-364.
The Building Official shall determine that a building or structure is unfit, unsafe or a health
hazard if he finds that any one of the following conditions exist.
A) Interior walls or vertical studs which seriously list, lean or buckle to such an extent as to render
the building or structure unsafe.
B) Supporting member or members, which show damage or deterioration, or non -supporting members,
which show damage or deterioration to render them unsound or unsafe.
C) Floors, roofs or walls that have improperly distributed loads, which are overloaded or which do not
have sufficient strength to be reasonably safe for the purpose used.
D) Such damage by lire, wind or other causes as to render the buildine or structure unsafe.
E) Dilapidation, decay, unsanitary conditions or disrepair that is dangerous to the health, safety or
welfare of the occupants or other people in the County.
F) Inadequate facilities for egress in case of fire or panic.
G) Defects, which significantly increase the hazard of fire, accident or other calamities.
H) Lack of adequate ventilation, light, heating, or sanitary facilities to such an extent as to endanger
the health, safety or general welfare of the occupants or other residents of the County.
1) Lack of proper electrical, heating or plumbing facilities required by the building code, which
constitutes a health or safety hazard.
6
J) Lack of connection to a potable water supply and/or to an approved sewage disposal system, the lack
of either one of which renders the building or structure unit for human habitation.
Sec. 4-133. Defects in buildings to be corrected.
If a county inspecto the Director of Planning & Enforcement or designee finds any defect in a
building or structure, or finds that the building or structure has not been constructed in accordance with
the applicable state and local laws and local ordinances and regulations, or finds that a building or
structure because of its condition is dangerous or contains fire -hazardous conditions, he shall notify the
owner or occupant of the building or structure of its defects, hazardous conditions, or failure to comply
with law. The owner and the occupant shall each immediately remedy the defects, hazardous conditions,
or violations of law in the property each owns.
State law references: Similar provisions, G.S. § 153A-365.
Sec. 4-134. Unsafe buildings condemned; notice.
The count), inspeetoe Director ofPlannine & Enforcement or designee shall condemn as unsafe
each building or structure that appears to him to be especially dangerous to life because of its liability to
fire, bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating
system, inadequate means of egress, or other causes; and he shall affix a notice of the dangerous character
of the building to a conspicuous place on its exterior wall.
State law references: Similar provisions, G.S. § 153A-366
See. 4-135. Removing notice from condemned building.
If a person removes a notice that a eat building code official has affixed to a building or
structure, which states the dangerous character of the building, or structure, such person is guilty of a
misdemeanor.
State law references: Similar provisions, G.S. § 153A-367.
Sec. 4-136. Failure to take corrective action.
(a) If the owner of a building or structure that has been condemned as unsafe pursuant to Section 4-134
fails to take prompt corrective action, the director Director of Planning & Enforcement or
designee shall by certified or registered mail to his last known address or by personal service give him
written notice that:
(1) The building or structure is in a condition that appears to constitute a fire or safety hazard or to be
dangerous to life, health, or other property;
(2) A hearing will be held before the diFeete�s Director of Plannine & Enforcement or
desienee at a designated place and time, not later than ten (10) days after the date of the notice, at which
time the owner is entitled to be heard in person or by counsel and to present arguments and evidence
pertaining to the matter; and
(3) Following the hearing, the director of Director ofPlannine & Enforcement or
desienee may issue an order to repair, close, vacate or demolish the building or structure, whichever
appears appropriate. The Director ofPlannine & Enforcement or desienee may also establish a
reasonable time frame for the necessary work to commence and to be completed as required by the
order of the Director ofPlannine & Enforcement or desienee.
(b) If the name or whereabouts of the owner cannot after due diligence be discovered, the notice served
pursuant to this division shall be considered properly and adequately served if a copy thereof is posted on
the outside of the building or structure in question at least ten (10) days before the day of the hearing and
a notice of the hearing is published at least once not later than one (1) week before the hearing.
State law references: Similar provisions, G.S. § 153A-368.
Sec. 4-137. Hearing; order to take corrective action.
If, upon a hearing held pursuant to Section 4-136, the a:_,,,.tO�ons Director ofPlannine &
Enforcement or desienee finds that the building or structure is in a condition that constitutes a fire or
safety hazard or renders it dangerous to life, health or other property, he shall issue a written order,
directed to the owner of the building or structure, requiring the owner to remedy the defective conditions
by repairing, closing, vacating or demolishing the building or structure or taking other necessary steps,
within such period, not less than sixty (60) days, as the dire ^t'^�nDirector ofPlannine &
Enforcement or desienee may prescribe; provided, that where the dire ^�nDirector of
W
Planning & Enforcement or designee finds that there is imminent danger to life or other property, he
may order that corrective action be taken in such lesser period as may be feasible.
State law references: Similar provisions, G.S. § 153A-369.
Sec. 4-138. Appeal; finality of order not appealed.
An owner who has received an order under Section 4-137 may appeal from the order to the board of
commissioners by giving written notice of appeal to the director Director of Planning &
Enforcement or designee and to the clerk within ten (10) days following the day the order is issued. In
the absence of an appeal, the order of the diFe6.B_ Of ^rte,:! Director of Plannine & Enforcement or
designee is final. The board of commissioners shall hear any appeal within a reasonable time and may
affirm, modify and affirm, or revoke the order.
State law references: Similar provisions, G.S. § 153A-370.
Sec. 4-139. Failure to comply with final order.
If the owner of a building or structure fails to comply with an order issued pursuant to section 4-137
from which no appeal has been taken, or fails to comply with an order of the board of commissioners
following an appeal, he is guilty of a misdemeanor.
State law references: Similar provisions, G.S. § 153A-371.
See. 4-140. Enforcement.
Whenever a violation is denominated a misdemeanor under the provisions of this division, the county,
either in addition to or in lieu of other remedies, may initiate any appropriate action or proceeding to
prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure
involved.
State law references: Similar provisions, G.S. § 153A-372
Sees n 141 n 1Wn Reserved.
Sec. 4-141. General penalty; continuing violations. Penalties as prescribed in Sec 1-7 & Sec 1-8 ofthe
Iredell County Code
(Ord. of 11-4-97)
State law references: Violations of county ordinances generally deemed misdemeanors punishable as
prescribed above, G.S. § 14-4. See also G.S. § 153A-123, prescribing alternate methods for enforcement
of ordinances and authorizing the making of each day's continuing violation a separate offense;
injunction, G.S. § 1-485 et seq.; liability of defendant in criminal actions, G.S. H 6-47, 6-48.
Sec. 4-142. DEFINITIONS:
Abandoned Buildings or Structures: Ant, building or structure whether designed and intended for
residential, commercial, or other use, which is vacant or not in active use, regardless of purpose or
reason, which is determined by the Building Official to be unfit based on the standards as set forth in
this article.
Building: Anv structure that encloses a space used for sheltering any occupancy (including open
sheds, etc.)
Buildine Code Official:
The Director of Plannine & Enforcement or designee.
Deteriorated/Dilapidated: Any buildine or structure that is untit for human habitation, unsafe, a tire
or safety hazard, or a health hazard, and which cannot be repaired, altered or improved to comply with
the building codes at a cost not in excess offifty percent of its current value, as determined by the
Buildine Code Official.
Inspector: The Director ofPlannine & Enforcement or designee.
Manufactured Buildine: Any building or structure, which is manufactured offsite and then installed
on a property including a Manufactured Home.
Manufactured Home (Mobile Home): A structure, transportable in one or more sections, which in the
traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected
on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used
as a dwelling, with or without permanent foundation when connected to the required utilities,
including the plumbing, heating, air conditioning and electrical systems contained therein.
"Manufactured home" includes any structure that meets all of the requirements of this subsection
except the size requirements and with respect to which the manufacturer voluntarily files a
certification required by the Secretary of HUD and complies with the standards established under the
Act. For manufactured homes built before June 15. 1976, "manufactured home" means a portable
manufactured housing unit designed for transportation on its own chassis and placement on a
temporary or semi- permanent foundation having a measurement ofover 32 feet in length and over
eight feet in width. "Manufactured home" also means double -wide multi -sectional manufactured
home, which is two or more portable manufactured housing units designed for transportation on their
own chassis that connect on site for placement on a temporary or semi- permanent foundation having
a measurement of over 32 feet in length and over eight feet in width. fG. S. 143-145(7).}
Prompt corrective action: a period of thirty (30) days or less as determined by the building code
o tciaL
Structure: That which is built or constructed.
-------------------------------------------CONSENT AGENDA ----------------------------------------
MOTION by Chairman Johnson to approve the following 14 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request for Approval of Budget Amendment #36A which will (1) Appropriate
$16,160 to Planning/Contracted Services (2) Recognize Revenue of $8,190 in
Community Contributions (3) Transfer $7,970 from Economic
Development/Professional Services and (4) Award the Contract for the South
Iredell Small Area Plan to Woolpert LLP: (see briefing minutes)
2. Request for Approval of the March 2003 Refunds and Releases (The approved
releases and refunds are as follows.)
Releases and Refunds for March 2003
Releases
Refunds
County
$ 22,600.58
S
1,999.25
Solid Waste Fees
52.00
0
E. Alexander Co. Fire #1
60.68
0
Shepherd's Fire #2
111.60
1,548.86
Mt. Mourne Fire #3
33.83
0
All County Fire #4
854.70
1,773.67
Statesville City
6,026.91
1,958.63
Statesville Downtown
14.27
0
Mooresville Town
5,192.61
103.48
Mooresville Downtown
11.98
0
Mooresville School
1,034.34
27.53
Love Valley
0
0
Harmony
10.33
0
Troutman
43.80
0
TOTALS
$ 36,047.63
7,411.42
3. Request from the Recreation Department for Approval of a Stumpy Creek
Park Irrigation Proposal: During the briefing, Recreation Director Woody discussed
the irrigation for the three soccer fields and the three baseball fields at the Stumpy
Creek Park. He said it was estimated that $55,000-$60,000 (including pump) would be
needed. Woody said the South Iredell Soccer Association planned to donate $20,000
for the project, and the Iredell Regional Soccer League planned to give $5,000. He said
the Recreation Advisory Committee had proposed that the remaining funds be derived
from the Park Fund. Woody said the Park Fund could be repaid over a period of four to
seven years, at $5,000 a year, from excess Stumpy Creek Boat Landing fees.
The amended South Iredell Park Fund Ordinance will now be:
9
AMENDED SOUTH IREDELL PARK FUND
CAPITAL PROJECT FUND
Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina
Section L The following project will be financed by this fund:
Stumpy Creek General Construction
$ 748,176
Professional Services
75,155
Irrigation System
60,000
Gallyon Memorial
22,485
Transfer to Parks Capital Reserve Fund
25 340
931,156
Section 2. Funds for this Capital Project fund will be provided
from the following sources:
Parks & Recreation Trust Grant
S 250,000
Community Contributions
135,000
Contributions -Irrigation System
25,000
Memorials
22,485
Transfers from Parks Capital Reserve Fund
245,626
Transfers from General Fund
128,045
Investment Earnings
125.000
$ 931,156
Section 3. This Capital Project Fund shall continue until the project is complete.
Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or
his designee.
Section 5. The Parks Capital Reserve Fund is advancing $100,000 to the Stumpy Creek Project
Fund for completion of the project. This advance is to be repaid annually by transfers
from the Stumpy Creek Project Fund to the Parks Capital Reserve Fund equal to 1/4 of
the total transfer from the General Fund.
Section 6. Any funds remaining in the Stumpy Creek Project Fund at completion of the project
will be transferred to the Parks Capital Reserve Fund and applied as a reduction to the
advance.
Section 7. The Parks Reserve Fund agreed to advance $35,000 to Stumpy Creek Park Project for
the installation of an irrigation system (total cost $60,000). The first 55,000 collected
from boat ramp user fees will be used in the General Fund for maintenance of the ramp.
Collections of boat ramp user fees exceeding $5,000 will be used to repay the $35,000
advance from the Parks Reserve Fund.
This Amended Ordinance being duly adopted this the 15"' day of April 2003.
4. Request from the Recreation Department for Approval of the Camp Iredell
Annual School Bus Lease: This lease will extend from May 27, 2003 through
August 1, 2003. During the briefing, Recreation Director Woody said the staff had to
"turn people away this year" due to the camp filling up in three weeks. He said the
program might need to be expanded next year to accommodate more youth.
5. Request from the Recreation Department for Approval of a Fee Increase for
Outdoor Educational Programs (Ropes Course & Tower Programs): At the
briefing, Recreation Director Woody requested a fee increase of $5.00 per participant for
the outdoor educational programs. Also, during the briefing, Woody said 90% of the
individuals using these types of programs were in -county residents.
6. Request from the Sheriffs Department for Approval of Budget Amendment
#37 to: (1) Transfer $2,850 from Seized Funds for the Purchase of Six Channels
for the 800-mhz Project & (2) Transfer $1,356 for the Purchase of a Video Player
to Replace an Older One: (See briefing minutes.)
7. Request for Approval to Apply for a Year 2003 Emergency Operations
Planning Grant from the Federal Emergency Management Agency & the North
Carolina Division of Emergency Management Office in the Amount $34,200:
Emergency Services Director Jackson said during the briefing that the purpose of this
grant would be to consult with other governmental agencies in an effort to better
prepare for domestic terrorism.
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8. Request for Approval to Apply for a Winter Storm 2002 Hazard Mitigation
Plan Grant (federal amount of $34,917.75 & local amount of $11,639.25) for
Generators: At the briefing, Emergency Services Director Jackson said this grant
would be used for:
Harmony EMS Base
Mooresville EMS Base
Troutman EMS Base
Generator
Labor
$15,000
$ 519
15,000
519
15,000
519
$45,000 +
$1,557=
Federal Split (75%): $34,917.75
Local Match (25%): $11,639.25
$46,557
$46,557
9. Request from the Health Department for Approval to Accept a Susan G.
Komen Breast Cancer Foundation Grant in the Amount of $16,543: Ray Rabe, the
health director, said during the briefing that these funds would be used to pay for 50
mammogram screenings for women (age 40-50) who either had no insurance, or who
were under insured, and for individuals in the Family Planning Clinic.
10. Request from the Department of Social Services for Approval of Budget
Amendment #38 for the Crisis Intervention Program (CIP), the Child Day Care
Program, & the Domestic Violence Program: Social Services Director Wall said
during the briefing that all of the money involved in this budget amendment was from
the federal or state government. Amendment details are as follows.
10-0630-5542-01 CIP Expenditure: There is an additional $49,857 for a total of
$256,624.
10-4630-4500-22 CIP Revenue: This line item should also show $256,624.
10-0630-5546-01 Child Day Care Expenditure: An additional $588,844 will be
received in subsidy money. This item should show a balance of $4,541,591.
10-4630-4500-16 Child Day Care Revenue: This line item should show a balance of
$4,541,591.
10-0630-5546-25 Domestic Violence Expenditure: A total of $6,609 has been allocated
to the Temporary Assistance for Needy Families (TANF) Program.
10-4630-4500-25 Domestic Violence Revenue: This line item previously showed a
balance of $12,825; however, the legislature made cuts. The remaining balance should be
$6,609.
11. Request from the Department of Social Services for Approval to Establish a
New Social Worker III Position (Adoption Specialist): Social Services Director Wall
said $76,000 had been received in special adoption funds, and some of the money had been
used for the second attorney's position. He said additional adoption money was
anticipated, but if it wasn't used it reverted to the State. Wall said 23 children were
adopted this year, and there were six cases pending. He said that in the past, his agency
finalized about three adoptions during a year. Wall said that as the department finalized
more adoptions, it became harder to reach the "baseline" to receive adoption funding and a
new employee would aid in this effort. Mr. Wall said his department had the custody of
104 children with 92 in foster or group -home care while the others resided with relatives.
He shared the following information for the new position.
Salary: $32,736 12 months = $2,728 x 2 months (May -June) _ $ 5,456
FICA (.0765) 417
401K and Retirement (10%) = 546
Health Insurance (4440 12 = 370 x 2 months) = 740
Total for two months $ 7,159
Special Adoption Funds $ 7,159
Cost to the County 0
FY 03-04 Costs $42,954
Cost to the County: 0
12. Request for Approval of Three Reimbursement Resolutions in Conjunction
with the Upcoming Certificates of Participation (COPS) Issuance for the:
1. Construction, Renovation, and/or Equipping of New Buildings at Harmony
Elementary School, and Scotts Elementary School, and Construction of a
new Elementary School in Southern Iredell County
2. Construction, Furnishing and Equipping of the new Mooresville Intermediate
School
3. Construction, Renovation, and/or Equipping of the Mitchell Community
College Advanced Technology Workforce Development Building
Finance Director Blumenstein said during the briefing that the college would put
its COPS construction project out for bid during the upcoming week, and the Iredell-
Statesville School System project would soon follow. Blumenstein said resolutions
were needed for the county to recoup its costs. She estimated the closing costs for the
three units to be:
Iredell-Statesville
$400,000.00
Mooresville
200,000.00
Mitchell
100,000.00
(The referenced resolutions are as follows.)
RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS
DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS
OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES
TO BE MADE IN CONNECTION WITH THE CONSTRUCTION, RENOVATION,
AND/OR EQUIPPING OF NEW BUILDINGS AT HARMONY ELEMENTARY
SCHOOL, AND SCOTTS ELEMENTARY SCHOOL, AND CONSTRUCTION OF A
NEW ELEMENTARY SCHOOL IN SOUTHERN IREDELL COUNTY
WHEREAS, Iredell County will make expenditures on and after the date hereof with
respect to expenses incurred and to be incurred (the "Expenditures") in connection with the
construction, renovation, and/or equipping of new buildings at Harmony Elementary School and
Scotts Elementary School and the construction of a new elementary school in southern Iredell
County (the "Projects"); and
WHEREAS, the Iredell County Board of Commissioners (the "Board") has determined
that the funds advanced from the General Fund and to be advanced to pay expenditures are or
will be available for a temporary period and it is necessary to reimburse the Issuer for
Expenditures made on and after the date hereof with respect to the Projects from the proceeds of
one or more County tax-exempt financings under Section 160A-20 of the General Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:
Section 1. The Board hereby adopts this declaration of official intent under Treasury
Regulation Section 1.150-2 and declares its intent to reimburse the Issuer with the proceeds of a
tax-exempt financing for Expenditures made on and after the date hereof with respect to the
Projects.
Section 2. The maximum principal amount of debt expected to be issued for the
expenditures of the Projects is Twenty Four Million, Four Hundred Thousand Dollars
($24,400,000).
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Section 3. Each Expenditure was and will be either (a) of a type properly chargeable to
capital account under general federal income tax principles (determined in each case as of the
date of the Expenditure), (b) a cost of issuance with respect to the financing, (c) a nonrecurring
item that is not customarily payable from current revenues, or (d) a grant to a party that is not
related to or an agent of the Issuer so long as such grant does not impose any obligation or
condition (directly or indirectly) to repay any amount to or for the benefit of the County.
Section 4. The County will make a reimbursement allocation, which is a written
allocation by the County that evidences the County's use of proceeds of the financing to
reimburse an Expenditure, no later than 18 months after the later of the date on which the
Expenditure is paid or the Projects are placed in service or abandoned, but in no event more
than three years after the date on which the Expenditure is paid.
Section 5. This resolution shall take effect immediately upon its passage.
Adopted this 15°i day of April 2003.
RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS
DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS
OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES
TO BE MADE IN CONNECTION WITH THE CONSTRUCTION, FURNISHING AND
EQUIPPING OF THE NEW MOORESVILLE INTERMEDIATE SCHOOL
WHEREAS, Iredell County will make expenditures on and after the date hereof with
respect to expenses incurred and to be incurred (the "Expenditures") in connection with the
construction, furnishing and equipping of a building to be known as the new Mooresville
Intermediate School (the "Project"); and
WHEREAS, the Iredell County Board of Commissioners (the "Board") has determined
that the funds advanced from the General Fund and to be advanced to pay expenditures are or
will be available for a temporary period and it is necessary to reimburse the Issuer for
Expenditures made on and after the date hereof with respect to the Project from the proceeds of
one or more County tax-exempt financings under Section 160A-20 of the General Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:
Section 1. The Board hereby adopts this declaration of official intent under Treasury
Regulation Section 1.150-2 and declares its intent to reimburse the Issuer with the proceeds of a
tax-exempt financing for Expenditures made on and after the date hereof with respect to the
Project.
Section 2. The maximum principal amount of debt expected to be issued for the
expenditures of the Project is Twelve Million Two Hundred Thousand Dollars
($12,200,000.00).
Section 3. Each Expenditure was and will be either (a) of a type properly chargeable to
capital account under general federal income tax principles (determined in each case as of the
date of the Expenditure), (b) a cost of issuance with respect to the financing, (c) a nonrecurring
item that is not customarily payable from current revenues, or (d) a grant to a party that is not
related to or an agent of the Issuer so long as such grant does not impose any obligation or
condition (directly or indirectly) to repay any amount to or for the benefit of the County.
Section 4. The County will make a reimbursement allocation, which is a written
allocation by the County that evidences the County's use of proceeds of the financing to
reimburse an Expenditure, no later than 18 months after the later of the date on which the
Expenditure is paid or the Project is placed in service or abandoned, but in no event more than
three years after the date on which the Expenditure is paid.
Section 5. This resolution shall take effect immediately upon its passage.
Adopted this 15°i day of April 2003.
RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS
DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS
OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES
TO BE MADE IN CONNECTION WITH THE CONSTRUCTION, RENOVATION,
13
AND/OR EQUIPPING OF THE MITCHELL COMMUNITY COLLEGE ADVANCED
TECHNOLOGY WORKFORCE DEVELOPMENT BUILDING
WHEREAS, Iredell County will make expenditures on and after the date hereof with
respect to expenses incurred and to be incurred (the "Expenditures") in connection with the
construction, renovation and/or equipping of a building to be known as the Mitchell Community
College Advanced Technology Workforce Development Building (the "Project"); and
WHEREAS, the Iredell County Board of Commissioners (the "Board") has determined
that the funds advanced from the General Fund and to be advanced to pay expenditures are or
will be available for a temporary period and it is necessary to reimburse the Issuer for
Expenditures made on and after the date hereof with respect to the Project from the proceeds of
one or more tax-exempt County financings under Section 160A-20 of the General Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:
Section 1. The Board hereby adopts this declaration of official intent under Treasury
Regulation Section 1.150-2 and declares its intent to reimburse the Issuer with the proceeds of a
tax-exempt financing for Expenditures made on and after the date hereof with respect to the
Project.
Section 2. The maximum principal amount of debt expected to be issued for the
expenditures of the Project is One million one hundred thousand dollars ($1,100,000.00).
Section 3. Each Expenditure was and will be either (a) of a type properly chargeable to
capital account under general federal income tax principles (determined in each case as of the
date of the Expenditure), (b) a cost of issuance with respect to the financing, (c) a nonrecurring
item that is not customarily payable from current revenues, or (d) a grant to a party that is not
related to or an agent of the Issuer so long as such grant does not impose any obligation or
condition (directly or indirectly) to repay any amount to or for the benefit of the County.
Section 4. The County will make a reimbursement allocation, which is a written
allocation by the County that evidences the County's use of proceeds of the financing to
reimburse an Expenditure, no later than 18 months after the later of the date on which the
Expenditure is paid or the Project is placed in service or abandoned, but in no event more than
three years after the date on which the Expenditure is paid.
Section 5. This resolution shall take effect immediately upon its passage.
This the 15°i day of April 2003.
13. Request for a Decision Regarding the Proposed Lease & Construction Up -fit
for the North Carolina Department of Environment & Natural Resources at the
Iredell County Government Center -South: (see briefing minutes)
14. Request for Approval of the April 1, 2003 Minutes
END OF CONSENT AGENDA
Request for Consideration and/or a Decision Regarding a Joint Project
with the City of Statesville Pertaining to a Proposed Parking Lot (Front & Meeting
Streets): Director of Support Services Vernon said the proposed parking project
would serve county employees, the general public, and the users of the Statesville Civic
Center. He estimated that 109 parking spaces might be obtained by the $307,247
city/county project. Vernon shared the following cost estimates.
1. Demolition (no disposal fees)
Motel at 109 South Meeting Street & Recreation building $ 10,000
Vance building at 122 West Front Street 9,350
Vance swimming pool area (demolish store fronts &
asbestos removal) 53,200
2. Grading/Backfill 20,575
3. Stone 21,400
4. Curb/Cutter($17/LF) 21,425
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5. Paving ($43/Ton)
6. Storm Drains
7. Retaining Walls ($64,000 if wall at deck is structurally sound)
8. Landscaping
9. Concrete stops
10. Lighting
11. Striping
12. Erosion Control
13. Surveyor
14. Structural engineer (wall assessment)
23,995
10,100
90,100
7,600
3,270
3,000
800
500
2,000
2,000
$279,315
10% Contingency 27,932
Estimated Cost J307 247*
* Amount could be reduced by $64,800 if the retaining wall at the Vance Hotel
is found to be structurally sound. The total amount, however, does not include the
purchase costs for the Downtown Motel property.
Vernon said the actual cost of the project would probably be $400,000 to $500,000.
He said the site would have one-way in and one-way out unless the alleyway was
modified. He said that presently, the government center had 100 parking spaces, and the
project would add approximately 109 more.
Chairman Johnson said he would like to have some guarantee that the county would
be able to use the site for parking.
County Manager Mashburn said the joint agreement could stipulate the hours of
usage.
OTION by Commissioner Madison to proceed with the proposed parking project
with the City of Statesville.
Commissioner Williams said he didn't feel it was necessary to "rush into this
project this year, especially in light of the other needs of the county."
Commissioner Norman said he understood that an interlocal agreement would be
prepared prior to the actual approval of any funds for the project, and that the direction to
proceed was basically to allow the staff to do further study.
Chairman Johnson asked when the status of the retaining wall would be known.
Vernon said some money would need to be authorized for a structural engineer to
evaluate the wall.
Mashburn asked if the board members were willing to obtain an engineer's
services and split the costs with the city.
engineer.
Vernon said it might cost $2,000 ($1,000/county & $1,000/city).
The board members felt it was too early in the process to hire a structural
VOTING: Ayes — 5; Nays — 0.
(Note: The motion will only allow the staff to proceed with further discussion
with the City of Statesville concerning the feasibility of the project -- no commitment of
funds.)
Request for Approval of Revised Interlocal Agreements Pertaining to North
Carolina Association of County Commissioners (NCACC) Risk Management Pools for
15
Group Benefits, Liability & Property, and Worker's Compensation: Finance Director
Blumenstein said the NCACC had provided new resolutions for the three risk management
pools. She said the main purpose of the pools was for the counties "to combine their retention
of risks and to group purchase coverage." Blumenstein said the pools had a board of trustees
that (1) safeguarded the assets (2) insured that claims were adjudicated promptly and (3)
established terms and conditions of coverage. She stressed that the documents were not
insurance renewals, and they merely allowed the county to be a member of the pools.
MOTION by Commissioner Madison to approve the NCACC Risk Management Pool
resolutions as presented by Mrs. Blumenstein.
VOTING: Ayes — 5; Nays — 0
RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT AND TO JOIN THE NORTH
CAROLINA ASSOCIATION OF COUNTY COMMISSIOENERS JOINT RISK MANAGMENT
AGENCY
WORKER'S COMPENSATION FUND
WHEREAS, Iredell County is required to provide payment of worker's compensation claims to employees;
and
WHEREAS, the North Carolina Worker's Compensation Joint Risk Management Agency d/b/a NCACC
Worker's Compensation Pool, hereafter call the Pool, has been established pursuant to G.S. 153A-45 (A) (1)
and G.S. 160-A-460 through 160A-464; and
WHEREAS, it is desirable for Iredell County to join the Pool to provide a method of risk sharing and/or
group purchase of coverage.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Iredell County hereby adopts
the interlocal agreement entitled "Interlocal Agreement for a Group Self -Insurance Fund for Worker's
Compensation Risk Sharing or Group Purchase of Coverage" and thereby joins and agrees to participate in
the NCACC Worker's Compensation Pool which has been formed to create a group fund to pay and service
the worker's compensation claims of the employees of the counties and other local agencies joining the Pool.
BE IT FURTHER RESOLVED that Iredell County is authorized to execute the application tojoin the
NCACC Worker's Compensation Pool.
Note: Identical resolutions were adopted for liability/property and health/dental/life/disability pools.
Request for Approval of the Regional Planning Alliance Membership Pact
Resolution Submitted by the Centralina Council of Governments: Chairman Johnson
said this request was postponed from the April 1 meeting.
Commissioner Madison said it was his understanding that no funds were being
committed by adopting the resolution or becoming a member of the alliance.
County Manager Mashburn said that by passing the resolution, the board
members were not committing any funds other than the normal travel expenses
associated for a county representative to attend the alliance meetings.
OTION by Commissioner Williams to approve the resolution to become a
member of the Regional Planning Alliance Membership Pact.
Amendment to the Motion by Commissioner Norman to stipulate that the
alliance membership would not cost the county any money except for the travel costs in
attending the meetings.
Commissioner Williams accepted the amendment.
VOTING: Ayes — 5; Nays — 0.
The adopted resolution is as follows.
16
Regional Planning Alliance Membership Pact
Whereas, Centralina Council of Governments is a unit of local government
or a regional organization committed to preserving and enhancing quality
of life as a critical element of growth and prosperity in the Charlotte
region; and
Whereas, the Regional Planning Alliance serves the multi -county, two -
state region centered around Charlotte with a focus on land use,
transportation, open space and integrated environmental planning needed to
preserve and enhance quality of life as the region continues to grow; and
Whereas, the purpose of the Regional Planning Alliance is to promote
coordinated, integrated regional planning for a sustainable economy and
desirable quality of life in the Charlotte region through information
exchange and policy coordination across both local jurisdictional and
sectoral boundaries; and
Whereas, the Regional Planning Alliance is not a regional authority but is
a voluntary leadership alliance consisting of local government elected
officials, managers and planners, and representatives from regional
business and civic organizations; and
Whereas, the Regional Planning Alliance will not duplicate other regional
initiatives and will seek first to utilize collaboration among its member
organizations and leveraging of their efforts and programs before creating
new programs or efforts.
Therefore, Iredell County agrees to be a member in the Regional Planning
Alliance (RPA), and as a member of the RPA, agrees to:
1. Participate fully in RPA meetings, projects and other activities, by
identifying representatives from the leadership of our organization
who will:
a. Attend and participate in RPA activities on its behalf, and,
2. Share information and other resources with the RPA, including:
a. Information about our organization's plans, projects, and
activities that impact or relate to the RPA's purposes and
goals, or that may benefit from coordination with plans,
projects, and activities of other RPA members;
b. Information about statistical, mapping, or other data that our
organization collects or maintains that may impact or relate to
the RPA's purposes and goals; and,
c. Copies of such data that our organization collects or maintains
that may be needed for RPA purposes or projects.
Agreed to this 15`h day of April 2003.
APPOINTMENTS TO BOARDS & COMMISSIONS
Nursing Home Advisory Committee (2 appointments): No nominations were
submitted, and Commissioner Madison Fove to postpone these appointments until the
May 6 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (5 appointments): No
nominations were submitted, and Chairman Johnson moved to postpone these
appointments until the May 6 meeting.
VOTING: Ayes — 5; Nays — 0.
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COUNTY MANAGER'S REPORT: County Manager Mashburn distributed a
written activity report.
ATM Kiosk at Hall of Justice: The State Employee's Credit Union (SECU) has
expressed an interest in placing an ATM machine at the Hall of Justice (exterior area
facing Water Street). The county will be asked to provide the space, two parking spaces
designated for ATM use only or a drive-through lane, along with a site plan that will be
needed to secure the SECU board approval and the utility hookups.
ADJOURNMENT: MOTION by Commissioner Johnson to continue the
meeting until Tuesday, May 6, 2003, for the purpose of holding a joint meeting with the
social services board at the Agricultural Resource Center, 444 Bristol Drive, Statesville,
NC in Conference Rooms 1 & 2. At the joint meeting, architectural firms will give
presentations regarding the new social services building. Immediately following the
meeting, the May 6 agenda briefing will be held. The board members will travel to the
regular meeting site (government center) for the 7:00 p.m. meeting.
VOTING: Ayes — 5; Nays — 0.
Approved:
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Clerk to the Board