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HomeMy WebLinkAboutSeptember_2_2003_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 2, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, September 2, 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, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Madison. PLEDGE OF ALLEGIANCE TO THE FLAG: Boy Scouts Justin and Ryan Gibson with Troop 615 affiliated with the Church of Jesus Christ of the Latter Day Saints led the Pledge of Allegiance. The boys were attending the meeting to fulfill their citizenship and merit badge requirements, and they were accompanied by Scout Leaders Colby Gibson and Ernest Runge. ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by the following actions: Additions: • Appointments to the Regional Travel Demand Model Panel Announcement of the Resignation of Mrs. Clara Vanderford from the Nursing Home Advisory Board Add wording to the Request for Approval of a Resolution Declaring 600 Cases of Library Books Surplus and a Request to Sell them through a Private Sale stipulating that the books may also be donated to the Friends of the Library Organization VOTING: Ayes — 5; Nays — 0. Request from the Iredell Friends of the Library Organization for Permission to Conduct Fundraisers for the new Library: Friends of the Library Chairman Arlene Foster and Vice Chairman Lisa McBane attended the meeting to share ideas about library fundraisers. Mrs. McBane said her organization was a 501(c) (3) non-profit with its funds benefiting the library. She said her organization's fundraisers would provide opportunities for the public to aid in the acquisition of additional books and other items for the new library. She then described the following fundraisers: Children's Self Portrait Tiles: 400 tiles would be available at $50 each (Children would be allowed to create a self portraits and these would be transferred to ceramic tiles and placed in the children's library area.) Engraved Brick Tribute: 800 bricks would be available at a cost of $150 each (Bricks would be laid in a "basket -weave pattern" from the parking lot to the library's front entrance.) Leave a Legacy Program: Atter donations are received, donor plaques would be placed inside the new library. McBane said another option would be for the public to join the Friends of the Library. She shared the following membership levels: Individual _$10 Family -$25 "Good Friend" - $50 "Best Friend" - $75 MOTTO by Commissioner Madison to grant the request of the Friends of the Library to hold the fundraising projects as presented. VOTING: Ayes — 5; Nays — 0. (Additional information describing the projects may be found in the briefing minutes.) Request for a Public Hearing to be Held on Tuesday, September 16, 2003 at 7:00 P.M. in Conjunction with the 2003 Certificates of Participation to be sold in November: Chairman Johnson introduced a 2003 Certificates of Participation document that had previously been distributed to each commissioner. Susan Blumenstein, the county's Director of Finance and Administration, then read the title of the following resolution and summarized its contents. RESOLUTION CALLING FOR A PUBLIC HEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF THE COUNTY OF IREDELL'S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT WHEREAS, the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering the financing of (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iii) the construction of the new Southern Zone Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the "Project"), pursuant to an Installment Financing Agreement, to be dated as of December 1, 2003 (the "Installment Financing Agreement"), between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation") and the County; and WHEREAS, in order to achieve debt service savings, the Board of Commissioners for the County is also considering the refinancing, pursuant to the Installment Financing Agreement, of the County's payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the "Prior Financing Agreement"); and WHEREAS, pursuant to the Installment Financing Agreement, the Corporation will finance the Project and refinance the County's payment obligations under the Prior Financing Agreement, and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal and interest with respect to Certificates of Participation (Iredell County Public Facilities Projects), Series 2003 (the "2003 Certificates"), to be executed and delivered by the Corporation for the purpose of financing the Project and refinancing the County's payment obligations under the Prior Financing Agreement, it being the express intention of the Board of Commissioners that only the principal amount of 2003 Certificates necessary to accomplish the purposes stated in the Installment Financing Agreement will be executed and delivered (estimated not to exceed $47,000,000 principal amount); and the County's obligations under the Installment Financing Agreement will be secured by, among other things, a deed of trust on certain real property owned by the County, including the Scotts Elementary School Site, the Harmony Elementary School Site, the Southern Zone Elementary School Site and the Mooresville Intermediate School Site; and WHEREAS, the Installment Financing Agreement, if entered into, will comply in all respects with Section 160A-20 and Chapter 159, Article 8 of the General Statutes of North Carolina and the guidelines of the Local Government Commission of North Carolina for all financings and refinancings undertaken pursuant to said Section and Article; and 2 WHEREAS, said Section 160A-20 requires that, before entering into an installment financing agreement involving real property, the County shall hold a public hearing on such agreement; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. A public hearing with respect to the Installment Financing Agreement is hereby directed to be held on Tuesday, September 16, 2003, at 7:00 P.M., in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina. Section 2. The Clerk to the Board of Commissioners is hereby directed to publish notice of said public hearing, in substantially the following form, once at least ten (10) days prior to the date of the public hearing as required by Section 160A -20(g) of the General Statutes of North Carolina: NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA, CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF SAID COUNTY'S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering (a) the financing of (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iii) the construction of the new Southern Zone Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the "Project") and (b) the refinancing of the County's payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the "Prior Financing Agreement"), pursuant to an Installment Financing Agreement, to be dated as of December 1, 2003 (the "Installment Financing Agreement"), between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation") and the County. It is expected that the Corporation will execute and deliver Certificates of Participation, evidencing proportionate and undivided interests in the Installment Payments to be made by the County under the Installment Financing Agreement, in an aggregate principal amount not exceeding $47,000,000 for the purpose of financing the Project and refinancing the payment obligations described above. NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a public hearing in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina, on September 16, 2003, at 7:00 P.M., or an adjournment thereof, at which time any person may be heard regarding the proposed Installment Financing Agreement. COUNTY OF IREDELL, NORTH CAROLINA By: Jean C. Moore Clerk to the Board of Commissioners Section 3. This resolution shall take effect immediately upon its passage. Upon otion of Commissioner Sara Haire Tice seeonde by Commissioner R. Godfrey Williams, the foregoing resolution entitled: "RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF THE COUNTY OF IREDELL'S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT" was passed by the following vote: Ayes: 5 (Stephen D. Johnson, R. Godfrey Williams, C. Douglas Madison, Marvin Norman and Sara Haire Tice) Noes: 0 3 MOTION by Chairman Johnson to approve the following eight consent agenda items. (See amendment to this motion on page six.) VOTING: Ayes — 5; Nays — 0. 1. Request from the City of Statesville for the Approval of an Easement for Sidewalk Construction at Iredell Memorial Hospital (pedestrian loop around the hospital and the surrounding neighborhood): (See briefing minutes for additional details regarding this matter.) Also, please note that after the consent agenda adoption, an amendment was made to the consent agenda motion stipulating that approval of the sidewalk easement would occur only after the county attorney reviewed the lease between Iredell Memorial Hospital and Iredell County to ensure that an easement was permissible. 2. Request from Harbor Presbyterian Church for the Release of Zoning and Subdivision Jurisdiction to the Town of Mooresville (Property is located on Williamson Road -- adjacent to the town limits of Mooresville.) Planning Supervisor Smith explained during the briefing session that Harbor Presbyterian Church was requesting the release of zoning and subdivision jurisdiction to the Town of Mooresville. He said recently, the Town had approved water and sewer service for the church. 3. Request from County Corner Marina West (Cotton & Johnson, LLC) for the Final Approval of a Detention Pond, Cash Bond, and an Operation & Maintenance Agreement for the Stormwater Structure: At the briefing session, Planning Supervisor Smith said County Corner Marina West was requesting final approval of a wet detention pond, a cash bond, and an operation and maintenance agreement. He said the facility was located at 1199 River Highway in Mooresville, N.C., and the pond had been completed and inspected in accordance with Section 507 of the Watershed Protection Ordinance. Smith said a cash bond for $2,953.13 had been issued with the county to cover the costs of future maintenance and repair. He also said a maintenance/operation agreement had been prepared and would be recorded at the Register of Deeds' Office. 4. Request for Approval of a Revision to the Workers' Compensation Policy (Article VI. Holidays and Leave, Section 11 of the Iredell County Personnel Ordinance): The following paragraph was requested to be added to Section 11. "Sickness due to work-related smallpox vaccination is covered by the North Carolina Workers' Compensation Act in the same manner as are other workplace sicknesses or injuries. Employees absent .from work due to receiving vaccination against smallpox incident to the Administration of Smallpox Countermeasures of the Homeland Security Act may elect to use accumulated sick and vacation leave as a supplemental payment for the difference between the regular salary and payments received under the Workers' Compensation Act." (Additional information regarding this item may be found in the briefing minutes.) 5. Request from the Health Department for Approval of a Budget Amendment to Allocate Bioterrorism Grant Revenue in the Amount of $3,000 for the Purchase of a Public Health Laboratory Computer System (See briefing minutes for information regarding this request.) 6. Request from the law firm of Homesley, Jones, Gaines & Dudley for a $64 Excise Stamp Reimbursement in Conjunction with a Deed that should have been Recorded in Catawba County instead of Iredell County: As was explained during the briefing session, this law firm inadvertently recorded a deed at the Register of Deeds' office that should have been processed in Catawba County. A revenue stamp charge of $64 was paid, but pursuant to G.S. 105-228.37, the money may be refunded if the law firm follows the proper guidelines. 7. Request for Approval of a Resolution Declaring 600 Cases of Library Books Surplus and a Request to Sell them through a Private Sale or to Donate the Books to the Friends of the Library Organization: The following resolution was approved. 4 RESOLUTION AUTHORIZING EITHER THE PRIVATE SALE OF CERTAIN SURPLUS PROPERTY OR THE DONATION OF CERTAIN SURPLUS PROPERTY TO THE FRIENDS OF THE LIBRARY ORGANIZATION WHEREAS, the County of Iredeil has possession of the following items of personal property which are surplus to its needs and desires to dispose of same. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County, that Evie D. Caldwell, Purchasing Agent, pursuant to the provisions of G.S. 160A - 266(c), is hereby authorized to dispose of the personal property either at private sale, or through a donation of the property to the Iredell County Friends of the Library, a 501(c) (3) organization. 600 Cases of Surplus Library Books 8. Request for Approval of the August 19, 2003 Minutes -----------------------------------------END OF CONSENT AGENDA ----------------------------------- APPOINTMENTS TO THE REGIONAL TRAVEL DEMAND MODEL PANEL: MOTION by Chairman Johnson to appoint himself, along with Commissioner Marvin Norman as an alternate, and Planning and Enforcement Director Lynn Niblock to the Regional Travel Demand Model panel. VOTING: Ayes — 5; Nays — 0. (Note: Centralina Council of Governments has requested assistance from local governments to form a locally appointed "expert panel" to review countrywide land use plans in relation to a Regional Travel Demand Model. Centralina has indicated that the development of the "model' will be the first step in working with the North Carolina Division of Air Quality's projection of a non -attainment area for most of the Region F (Centralina COG) area. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Board (one announcement): Due to health reasons, Mrs. Clara Vanderford has resigned from this board. OTION by Commissioner Williams to suspend the Rules of Procedure regarding announcements and appointments to boards and commissions and to appoint Mrs. Barbara Sprinkle to the position vacated by Mrs. Vanderford. VOTING: Ayes — 5; Nays — 0. APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community AdvisoQf Committee 5 a ointments : No nominations were submitted, and Commissioner Madison imotione to postpone the appointments until the September 16 meeting. VOTING: Ayes — 5; Nays — 0. Lake Norman Marine Commission (1 appointment): Commissioner Tice nominated Mark Lancaster for the marine commission appointment. OTIO by Chairman Johnson to close the nominations and to appoint Lancaster by acclamation. VOTING: Ayes — 5; Nays — 0. 5 UNFINISHED BUSINESS - ATM Kiosk at HALL OF JUSTICE County Manager Mashburn said he recently discussed a request from the State Employee's Credit Union to place an ATM machine at the Hall of Justice (outside area facing Water Street). Mashburn said a lease had been received; however, revisions needed to be made prior to presenting it for approval. He also said a public notice about the leasing arrangement needed to be published. Attorney Pope said the lease was for an "unlimited duration" and the General Statutes did not allow this type of term length for local governments. He said the document needed to be modified to reflect either one ten-year term, or a shorter term with options not exceeding ten years. MOTTO by Chairman Johnson to (1) discuss the ATM kiosk matter at the September 16, 2003 meeting, (2) request the clerk to advertise the public notice about the leasing arrangement, and (3) request that a copy of the amended lease document, as provided by the county attorney, be placed in the upcoming agenda packet. VOTING: Ayes — 5; Nays — 0. Further Discussion Regarding the Request for Approval of a Sidewalk Easement with the City of Statesville on County Owned Property Being Leased to Iredell Memorial Hospital: Commissioner Madison referred to the easement that was approved in the consent agenda. He asked if the lease between the county and the hospital should be reviewed prior to granting the easement. Attorney Pope said it was "theoretically possible the lease might preclude easements." He said the easement would probably be all right, but that if he personally were the city, he would want the lessee of a long-term lease to consent to the terms of the easement. Madison asked if that should be a condition of the easement approval. Pope said the approval could be conditioned upon him fully reviewing the lease. OTION by Commissioner Madison to amend the motion pertaining to the adoption of the consent agenda by stipulating that the sidewalk easement with the City of Statesville be approved contingent upon the county attorney reviewing the lease between Iredell Memorial Hospital and Iredell County and determining the easement to be permissible. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn reported on the following matters: Scrap Tire Disposal Grant Received from the North Carolina Department of Environment and Natural Resources: The grant for $40,000 was recently received. Rural Internet Access Authority Grant: Current funding expired on August 31. It is possible to seek $5,000 in additional funding, if there are no objections (No objections voiced.) CLOSED SESSION: MOTION by Chairman Johnson at 7:30 p.m., to enter into closed closed for the purpose of discussing economic development matters pursuant to G.S. 143-318.11 (a) (4). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:09 P.M.) CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE FOR THE INGERSOLL-RAND CORPORATION: MOTIONI by Commissioner Norman to call for a public hearing on Tuesday, September 16, 2003, at 7:00 p.m., regarding an economic development incentive ranging 6 between $150,400.00 to $188,000.00, over a five-year period, for the Ingersoll-Rand Corporation based upon an investment in Iredell County of an amount between $8 million to $10 million. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: OTION by Chairman Johnson to adjourn the meeting at 8:10 p.m. (NEXT MEETING: Tuesday, September 16, 2003, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approved: 7 Clerk to the Board