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HomeMy WebLinkAboutAugust 3 2004 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 3, 2004 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 3, 2004, 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 Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. PLEDGE OF ALLEGIANCE: Boy Scout Shane Watkins, with Troop 699 (Flat Rock Baptist Church in Hamptonville, NC) was recognized and welcomed to the meeting prior to the Pledge of Allegiance. APPOINTMENTS BEFORE THE BOARD Mr. Charles Page, the Director of the Mooresville -South Iredell United Way & Mrs. Pat Stewart, the Executive Director for the United Way of Iredell Attended the Meeting to Accept a Proclamation Recognizing 50 Years of United Way Service: Chairman Johnson thanked Page and Stewart for the work they performed on behalf of Iredell County's citizens. MOTION by Commissioner Madison to approve the following proclamation. VOTING: Ayes — 5; Nays — 0. Iredell County Proclamation Recognizing 50 Years of United Way Service to Iredell County In 1954, the Mooresville and Statesville communities formed their own United Way organizations to address needs in Iredell County. Since that time, thousands of citizens have volunteered to serve in leadership roles to drive these two United Ways toward achieving their mission of strengthening our community. United Way is the table around which our entire county gathers to address health and human service needs and issues, local people solving local problems. United Way effectively involves a cross- section of Iredell County citizens in building true community spirit, and both United Ways have been successful conveners and coalition builders. United Way's impact on improving the quality of life in Iredell County has been significant in the last 50 years, particularly in working together to solve community problems. Both United Ways collaborated in conducting the county's first human service needs assessment which led to developing the first county -wide information and referral service. United Way has led task forces to plan and deliver services for displaced workers, to assist medically indigent people in obtaining prescription drugs, and to develop a clinic to provide free medical care to those without insurance. In addition, our United Ways have guided our citizens in caring for one another and working together for the good of our county. United Way agencies now provide a wide array of services to at -risk youth; the homeless; developmentally disabled children and adults; the elderly; the poor and needy; the dying and their families; boys and girls involved in scouting; persons in crisis; those seeking wellness and fitness programs; and citizens who need counseling, mediation, safety instruction, and search, rescue, and disaster relief. NOW, THEREFORE, WE, THE COMMISSIONERS OF IREDELL COUNTY, do hereby proclaim the year 2004 as the 50"' anniversary of the establishment of the Mooresville -Lake Norman United Way and the United Way of Iredell County and commend this observance to our citizens. This the 3d day of August 2004. Mr. David Swann, the Area Director and CEO of Crossroads Behavioral Healthcare, Provides a Six -Month Update and Requests Approval of a Joint Resolution Approving the Conveyance of Certain Real Property: Mr. Swann said that by law, a report was required to made every six months regarding Crossroads' activity and financial status. Swann said this year's contribution from Iredell was $3.26 per capita along with a one-time start up amount of $50,000 for a crisis center. Mr. Swann said that for the three -county area comprising Crossroads, 7,679 people had been served during FY 2003-04. In regards to developing a provider network, he said providers were being brought in to Iredell County, and they were hiring the Crossroads staff, assuming the services delivered in the past, subleasing the facilities, and supplying consumer services. Swann said he anticipated by June of 2005, Crossroads would be "purely" a local managing entity. He said the following three expansion projects were underway. 1) Crisis Response Center to serve people from all three counties, but to be located in Iredell. (Mission of the center: To divert people from hospitals, emergency departments.) 2) Geriatric Specialty Care Center to serve people from all three counties, but to be located in Yadkin County. (Mission of the center: To assist seriously disabled individuals.) 3) Housing Alternative for Persons with Serious Addictive Diseases Swann said a proposal had been submitted for Crossroads to hold title to real property; however, the General Statutes required the three counties to first approve a resolution. He said Crossroads desired to obtain property located at 518 Signal Hill Drive Ext., in Statesville for the purpose of locating a 24/7/365 day crisis center (12 -bed facility with an area to serve one adolescent). Mr. Swann said the crisis center would hold "acutely ill" patients in place of sending them to local hospitals. He said the facility had easy access to the interstate for transporting the clients to the state hospital in Morganton. Swann said crisis centers were recommended by the state department, and they were a method to downsize the state hospitals. OTIO by Commissioner Madison to approve the resolution as presented. VOTING: Ayes — 5; Nays — 0. JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF IREDELL COUNTY THE BOARD OF COMMISSIONERS OF SURRY COUNTY THE BOARD OF COMMISSIONERS OF YADKIN COUNTY APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO CROSSROADS BEHAVIORAL HEALTHCARE, THE AREA MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY WHEREAS, Session Law 2001-437 amended Chapter 122 of the North Carolina General Statues relating to the provision of mental health services to the citizens of the State of North Carolina and provided for the phasing in of the implementation of mental health system reform at the state and local level; and, WHEREAS, North Carolina General Statute 122C-2, as amended, provides that it is the policy of the State of North Carolina to assist individuals with needs for mental health, developmental disabilities, and substance abuse services in ways consistent with the dignity, rights, and responsibilities of all North Carolina citizens; and, 2 WHEREAS, North Carolina General Statute 122C-2 further provides that within available resources it is the obligation of State and local government to provide mental health, developmental disabilities, and substance abuse services through a delivery system designed to meet the needs of clients in the least restrictive, therapeutically most appropriate setting available and to maximize their quality of life; and, WHEREAS, North Carolina General Statute 122C-2 further provides that it is further the obligation of State and local government to provide community-based mental health services; and, WHEREAS, among the community-based mental health services required to be provided by state and local government under the State Plan for Mental Health, Developmental Disabilities and Substance Abuse Services (the State Plan) are Emergency Services to include community-based Crisis Assessment & Referral, Crisis Resolution & Referral and Crisis Stabilization services; and WHEREAS, in order to best provide such services, it is necessary that Crossroads acquire a facility at which crisis triage, assessment, evaluation, stabilization, referral, psychiatrist oversight, medication assessments and medication management can be provided; and, WHEREAS, Crossroads has located a facility which will be suitable for provisions of such services, which facility is located in the City of Statesville, Iredell County, North Carolina; and WHEREAS, recognizing the necessity of providing community-based emergency services, the Crossroads Behavioral Healthcare Area Board unanimously approved further negotiations for the purchase by Crossroads of the facility identified in Iredell County, North Carolina; and, WHEREAS, it is necessary before Crossroads proceeds to finalize all elements of the acquisition of this facility, that Crossroads be assured that it has the approval of the boards of county commissioners of all the counties that compromise the area authority for Crossroads to acquire this facility and to hold title to this facility; and, WHEREAS, North Carolina General Statute 122C-147(c) provides that an area authority may hold title to real property with the approval of the boards of commissioners of all of the counties that comprise the area authority, which approval shall be by resolution of the boards; and, WHEREAS, Crossroads has budgeted for the purchase of this facility and will not request additional funds from Iredell, Sorry or Yadkin County for the purchase of this facility; and, WHEREAS, Iredell County, Sorry County and Yadkin County are the counties that now comprise Crossroads Mental Health, Developmental Disabilities and Substance Abuse Area Authority. NOW THEREFORE, BE IT RESOLVED JOINTLY BY THE BOARDS OF COUNTY COMMISSIONERS OF IREDELL COUNTY, OF SURRY COUNTY, AND OF YADKIN COUNTY AS FOLLOWS: Pursuant to North Carolina General Statute North Carolina General Statute 122C-147(c) Crossroads Behavioral Healthcare, the Mental Health, Developmental Disabilities and Substance Abuse Area Authority is hereby authorized to acquire and to hold title to that real property known as Building "2" of Paragon Place, with accompanying lot, located at 518 Signal Hill Extension Drive, Statesville, North Carolina. It is further resolved that upon the finalization of the acquisition of said property by Crossroads, it shall submit for consideration by the board of commissioners of Iredell County, Sorry County and Yadkin County a final resolution more specifically describing by legal description the property to be acquired by Crossroads for such a facility. ADOPTED AND RATIFIED in three counterparts by the Boards of Commissioners of Iredell County, Sorry County and Yadkin County on the dates shown on each signature page. Consumer & Family Advisory Committee: Mr. Swann said this committee was established by the General Statutes for the purpose of advising the area board. He said that since the law was first established, the area board had considered an option of making the committee appointments rather than asking the board of commissioners. Mr. Swann said he might discuss the issue again in the near future. Mooresville Mayor Al Jones Continues the Discussion Regarding a Request for the County's Financial Participation in the Regional Transit Service (Express Bus — 83X): Mayor Jones said the Mooresville board of commissioners on August 2 voted to add another bus to the 83 Express Bus fleet. He said the total yearly costs for the bus was $228,544.00, and the amount was split between Mooresville and the Charlotte Area Transit System (CATS). Jones said Mooresville would be paying $114,272 a year to CATS, and this included the new bus. Mayor Jones said CATS was paying the capital costs, but not the operating expenses. He asked the county to pay $57,136 or one-half of the $114,272 and advised that the service was a viable alternative for the county's residents who worked in the Mecklenburg area. He said the bus service also provided a means to improve the nonattainment air quality designation imposed upon areas in the southern end of the county. Commissioner Williams asked the cost to ride the bus to Charlotte. Jones said $4 a day -- $2 to travel to Charlotte and $2 for the return trip. Mayor Jones said this would be $88 a month compared to the estimated costs of driving a personal vehicle and parking it in Charlotte of $288 a month. Commissioner Williams said he felt that if a 50 -cent increase occurred, the riders would not be adversely harmed. Jones said CATS wanted to draw riders and not deter them. He said the High Occupancy Vehicle (HOV) lanes would also help move the traffic. OTION by Commissioner Madison to deny the request to pay one-half of the costs for Express Bus 83X. VOTING: Ayes — 5; Nays — 0. Chairman Johnson mentioned that in the long-term, a better way to approach the matter, would be to create a revenue stream such as a transportation district. (Note: Mayor Jones first made this request on July 13, 2004, and the minutes of this date will provide additional information.) PUBLIC HEARING Chairman Johnson declared the meeting to be in a public hearing. Rezoning Request — Case No. 0407-1: Chesapeake Pointe, LLC Requests to Rezone a Portion of Property (PIN# 4636-14-2247) from Residential Agricultural to R-20, Single Family Residential District (Location: Isle of Pines Road in Mooresville, NC): Planning Supervisor Smith said Chesapeake Pointe LLC, the owner/applicant of 112.166 acres desired to rezone 78.117 acres. Smith said the property was currently vacant, and the proposed usage would be for residential purposes. He said the residential agricultural zoning had been in place since 1984, and an R-20 portion, already established, occurred in 1986. Mr. Smith said the request corresponded with the low density residential designation in the Brawley School Peninsula Small Area Plan. He said the staff recommended approval, and the planning board, in a 10-1 vote, approved the request on July 7, 2004. No one else spoke, and Chairman Johnson adjourned the hearing. MOTION by Chairman Tice to approve the rezoning request from Chesapeake Pointe, LLC (Case No. 0407-1) from Residential Agricultural to R-20, Single Family Residential District. VOTING: Ayes — 5; Nays - 0. Request from Officials with the Lake Norman VFD for Approval to Proceed with the Financing of a new Building: Chairman Johnson said he had been advised that the Lake Norman Volunteer Fire Department (the "Department") intended to borrow up to $2,000,000.00 (the "Loan") from SouthTrust Bank, N.A. to finance the construction of a new station (The "Project"). The Project will be located on approximately seven acres of land owned by the Department at Brawley School Road and Southfork Road in Mooresville, North Carolina. Neither Iredell County nor any agency thereof shall be liable in any event for the repayment of the Loan, the Loan does not constitute an indebtedness of Iredell County or any agency thereof and does not constitute or create in any manner a debt or liability of Iredell County or any agency thereof. 4 Under applicable federal income tax laws, the interest on the Loan will not be exempt from federal income taxation unless, among other things, the Board of Directors of Lake Norman Volunteer Fire Department has, by resolution after having held a public hearing on behalf of Iredell County, approved the Loan and the proposed Project, and the Board by Resolution approves the Loan and the proposed Project. Chairman Johnson then stated that notice had been published in the Statesville Record & Landmark by the Lake Norman Volunteer Fire Department Board of Directors on June 23, 2004 and June 30, 2004, stating the Lake Norman Volunteer Fire Department would hold a public hearing on July 8, 2004 on the proposed Loan and the Project (the "Notice"). The Lake Norman Volunteer Fire Department held a public hearing during which anyone who wished to be heard on the advisability of the Loan and Project could speak and there were no written comments about the proposed Project or the Loan received prior to the public hearing held by the Lake Norman Volunteer Fire Department. After the Lake Norman Volunteer Fire Department heard from all persons who requested to be heard, the Board of Directors for the Lake Norman Volunteer Fire Department passed the resolution approving the incurrence by the Lake Norman Volunteer Fire Department of up to $2,000,000.00 in indebtedness from South Trust Bank, N.A. to finance the construction of the new fire station. Chairman Johnson introduced the following resolution which was read at length. RESOLUTION APPROVING THE INCURRENCE BY LAKE NORMAN VOLUNTEER FIRE DEPARTMENT OF UP TO $2,000,000.00 IN INDEBTEDNESS FROM SOUTHTRUST BANK, N.A. TO FINANCE THE CONSTRUCTION OF A NEW FIRE STATION AT BRAWLEY SCHOOL ROAD AND SOUTH FORK ROAD IN MOORESVILLE, IREDELL COUNTY, NORTH CAROLINA WHEREAS, the Board of Directors of the Lake Norman Volunteer Fire Department on behalf of the Board, pursuant to public notice duly given (the "Notice"), held a public hearing on the proposed Loan and Project and considered the comments of persons who requested to be heard; and WHEREAS, neither the County nor any agency thereof shall be liable in any event for the repayment of the Loan, the Loan does not constitute an indebtedness of the County or any agency thereof and does not constitute or create in any manner a debt or liability of the County or any agency thereof, and WHEREAS, the Board desires to approve the Loan and approve the Project. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Iredell County, North Carolina as follows: (1) The publication of the Notice and the designation of the meeting held by the Lake Norman Volunteer Fire Department Board of Directors on July 8, 2004, as a public hearing on the Loan and the Project is hereby ratified and approved. (2) The incurrence by Lake Norman Volunteer Fire Department of indebtedness of up to $2,000,000.00 to SouthTrust Bank, N.A. to finance the Project is hereby approved. (3) The Project is hereby approved. (4) This resolution shall take effect immediately upon its passage. Commissioner Tice moved the passage of the foregoing resolution and the resolution was passed by the following vote: AYES: 5 NAYS: 0 ----------------------------------------------CONSENT AGENDA ------------------------------------------- OTION by Chairman Johnson to approve the following nine consent agenda items. VOTING: Ayes — 5; Nays — 0. 5 1. Request from Rodney Cox for the Release of Zoning/Subdivision Jurisdiction to the Town of Mooresville for Property located on Williamson Road: During the briefing, Planning Supervisor Smith advised that Mr. Rodney Cox desired the zoning/subdivision jurisdiction release to the Town of Mooresville of a 6,000 square feet tract of property. He said the owner wanted to develop the tract, along with an adjacent piece of property, into a drive- through -coffee shop. Smith said the property was currently zoned community business. 2. Request for the Acceptance of the Final Tax Settlement & Approval of Tax Orders to the Tax Collector & the Iredell County Sheriff for the Collection of the 2004 Ad Valorem Taxes: Tax Collector Bill Torches, during the agenda briefing, requested approval of the following 2004 tax orders and acceptance of the 2003 tax settlement. STATE OF NORTH CAROLINA ( ) COUNTY OF IREDELL ( ORDER ) TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL ( ) You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. STATE OF NORTH CAROLINA ( ) COUNTY OF IREDELL ( ORDER ) TO: THE SHERIFF OF THE COUNTY OF IREDELL ( ) You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. 3. Request from the Sheriffs Department for Approval to Declare a Belgian Malinois (K-9 Unit) as Surplus and Approval of a Resolution Authorizing a Private Sale: Purchasing Agent Dean Lail advised at the 5:00 p.m. meeting that a local veterinarian had recommended the retirement of a law enforcement animal. Lail said the canine, named Opie, was suffering from advanced hip disease, and it would probably be in the best interest of the animal as well as the sheriff's department to remove him from service. RESOLUTION AUTHORIZING THE PRIVATE SALE OF CERTAIN SURPLUS PERSONAL PROPERTY WHEREAS, the County of Iredell has possession of the following item of personal property which is surplus to its needs and desires to dispose of same. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County that Dean A. Lail, Purchasing Agent, pursuant to the provisions of G.S. 160A-267, is hereby authorized to dispose of the personal property as listed for cash or good check by private sale, and the said Purchasing Agent further authorized and directed to execute the necessary functions associated with this sale. One (1) K-9 Unit ("Opie") 4. Request from the G. Patteson Williams Law Firm for a Refund in Conjunction with the Inadvertent Recording of a Warrantee Deed (Recorded in Iredell instead of Mecklenburg County): The county manager said during the briefing that statutory authority existed for the refund of excise stamps, but not for recording fees. He said the Register of Deeds had recommended that the G. Patteson Williams law firm be refunded $440.00 for the excise stamps, but not the $17 for the recording fee. 6 5. Request from the City of Statesville for the Removal of Lee Lawson as a Plat Review Officer & a Request to Replace him with the Appointment of Jamie Price: A letter from the City of Statesville advised that Lee Lawson was no longer employed and that Jamie Price had assumed the vacated position. With the revisions requested from the city, the plat review officer listing will now be as follows: IREDELL COUNTY PLAT REVIEW OFFICER LISTING IREDELL COUNTY: Ron Smith William Allison Rebecca M. Harper Kirstie Dixon Barry Whitesides TOWN OF MOORESVILLE: Timothy D. Brown Craig Culbertson CITY OF STATESVILLE: David Currier Steve Warren Jamie Price TOWN OF TROUTMAN: Donald E. Duncan, Jr. Ann Sims 6. Request for Approval of Budget Amendment #4 for $5,000 in Conjunction with the Transfer of Funds from the Iredell County Government Center -South Capital Project to the General Fund/Facilities Services for the Relocation of the Department of Environmental & Natural Resources Offices (DENR): Finance Director Blumenstein stated during the briefing that the renovations on the third and four floors of the Iredell County Government Center -South would be completed soon, and the county's maintenance staff had been requested to help move DENR's belongings. She said money was included in the capital project fund for the moving expenses, and it needed to be transferred to the maintenance department/general fund to start the process. 7. Request for Approval of Financing Documents Associated with the Iredell County Rescue Squad Refinancing: Finance Director Blumenstein shared preliminary copies of the rescue squad refinancing installment financing agreement, the loan amortization schedule, the building lease agreement, and the vehicle lease agreement. Blumenstein recommended approval of the documents, subject to any minor changes made by the bond counsel or the county attorney. 8. Request from the Iredell County Partnership for Young Children for the Designation of the Partnership's Board of Directors as the Local Council for the Purpose of Applying for a Discretionary Grant under the Early Learning Opportunities Act Program: Chairman Johnson said the Executive Director for the Partnership for Young Children had previously asked for a letter from the commissioners designating the Partnership's board as the local council for a grant application due by the end of July. Johnson said the requirements for the local council were similar to the composition of the Partnership's board, and for these reasons the letter was submitted prior to official approval by the commissioners. 9. Request for Approval of the June 30, 2004 and July 6, 7, & 13, 2004 Minutes OF CONSENT AGENDA ---------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Iredell County Board of Adjustment (1 announcement) Adult Care Community Advisory Committee (1 announcement) Joint School Facilities Task Force (5 announcements) 7 APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (4 appointments): Commissioner Tice nominated Lynda Harmon. Commissioner Williams nominated Juanita Allen. Commissioner Madison motioned to (1) close the nominations (2) appoint Harmon and Allen by acclamation and (3) postpone the remaining appointments until the August 17 meeting. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Committee (2 appointments): Commissioner Williams nominated Pam Christopher. Chairman Johnson otione to appoint Christopher by acclamation and to postpone the remaining appointment until the August 17 meeting. VOTING: Ayes — 5; Nays — 0. Local Emergency Planning Committee (4 appointments): Commissioner Norman nominated Donna Swicegood, Mike Bennett, Ronda Hoke, and Christine Garrett. Commissioner Madison made a motion to close the nominations and appoint Swicegood, Bennett, Hoke, and Garrett by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn reported on the following items. • Appreciation was expressed to Mrs. Blumenstein for her capable service during the manager's absence at the end of July. (Mrs. Blumenstein served as the Acting County Manager.) • The DENR construction at the government -center south is approximately 95% finished and a certificate of occupancy has been issued. • The library construction is on schedule and the windows have been installed. Estimated opening date is January 2005. • The pre-bid conference for the new social services building will be on August 31 with a bid opening scheduled for September 21. The anticipated date for board approval will be the first meeting in November. • The jail satellite facility on Hwy. 21 is not on a completion schedule, rather the work is being accomplished as the staff can fit it into their schedules. CLOSED SESSIONS: MOTION by Chairman Johnson at 8:10 p.m., to enter into closed session for the purpose of discussing matters relating to Economic Development - G.S. 143-318.11 (a) (4) and Property Acquisition - G.S. 143-318.11 (a) (5). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:04 P.M.) CALL FOR A PUBLIC HEARING ON AUGUST 17 REGARDING AN ECONOMIC INCENTIVE FOR PENSKE RACING SOUTH: MOTION by Chairman Johnson to call for a public hearing on Tuesday, August 17, 2004, at 7:00 p.m., regarding an economic incentive of $139,200.00, over a five-year period, for Penske Racing South based on an $8 million new investment in Iredell County. VOTING: Ayes — 5; Nays — 0. 9 ADJOURNMENT: MOTIO by Chairman Johnson, at 9:05 P.M., to adjourn the meeting. (NEXT MEETING: Tuesday, August 17, 2004, 5 & 7 P.M., in the Iredell County Government Center, Statesville, N.C.) VOTING: Ayes — 5; Nays — 0. Approval: 9 Clerk to the Board