HomeMy WebLinkAboutJuly_13_2004_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
JULY 13, 2004
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
July 13, 2004, 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 Supervisor Ron Smith, and Clerk to the Board Jean
Moore.
CALL TO ORDER by Chairman Johnson.
INVOCATION by Chairman Johnson.
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the
agenda by the following actions:
Postponements: *Request from Lake Norman VFD officials for Approval to
Proceed with the Financing of a new Building
•Request from the Town of Mooresville for Participation in the
Regional Transit Service (Express Bus — 83X)
Deletion: • Presentation Regarding a Private Ambulance Provider
Offering Specialized Transports (Information regarding this matter
may be found in the briefing minutes.)
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Mr. Wayne Surratt, Speaks on behalf of the Plaza Appealers Handbell Team, and the
Senior Games State Finals to be held in October 2004: Mr. Surratt said nine residents of the
Plaza Apartments comprised the Plaza Appealers Handbell Team. He said the team recently won
first place in the Senior Games, and the group could now travel to Raleigh, NC to represent Iredell
County in the state finals. Surratt said, however, the trip would involve expenses for registration,
hotels and food. Mr. Surratt said the members were on a fixed income, and the expenses would
create an undue burden. He requested a letter from the board of commissioners indicating the team
was legitimately seeking donations for the trip. Mr. Surratt said the letter would help the members
with their fundraising activities.
Carol Childress, the handbell team director, said the residents enjoyed music making, but the
Senior Games involved many other activities.
Commissioner Williams asked how much the Raleigh trip would cost.
Surratt said an additional $500 was needed.
MOTION by Chairman Johnson to direct the clerk to the board to draft a letter in
support of the team's fundraising activities.
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARINGS
Chairman Johnson declared the meeting to be in a public hearing.
Consideration of Economic Development Incentives for Lowe's Companies, Inc.
(Modification of incentives approved on January 20, 2004.): County Manager Mashburn said
the proposed incentives for Lowe's Companies, Inc., were based upon the following terms and
conditions:
The July 13, 2004 public hearing will supersede the public hearing
and all action that occurred on January 20, 2004 relevant to economic
incentive appropriations for Lowe's Companies, Inc.
2. The July 13, 2004 public hearing will be for the consideration of a grant, over
a five-year period, for the construction of a new building or hangar at the
Statesville Municipal Airport. Upon payment of ad
valorem taxes in Year One (1), the Lowe's Company will be awarded an
incentive grant in accordance with county policy.
3. The July 13, 2004 public hearing will also be for the consideration of a grant
for the location of Lowe's aircraft in Iredell County. Lowe's Companies, Inc.,
will not be eligible for aircraft incentive grants until Year Six (6), and the
grants will be based on the aircraft's value for the prior five (5) years. In
addition, the incentive grants will occur for a duration of five (5) years
provided the aircraft of the appraised value remain in Iredell County.
The aforementioned incentive grants will be based upon .0036% of the assessed value for
the building and aircraft. A "cap" will not be utilized in the incentive grant determinations;
however, it is estimated that the total assessed value of the Lowe's investments will be $106
million ($100 million in air fleet and $6 million in hangar construction and equipment).
Iredell County's funding source will be general revenue fund and will be provided in
accordance with the Iredell County Industrial Incentive Policy and incentive agreements between
Iredell County and Lowe's Companies, Inc.
The appropriation is based upon the anticipation that the proposed facility will stimulate
the local economy, promote business, create employment opportunities, and increase the tax
base.
John Vining, the Vice President of Administration for Lowe's, attended the meeting to
address any questions, but none were asked.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Madison to modify the Lowe's incentives as stipulated in
the aforementioned terms and conditions.
VOTING: Ayes — 5; Nays — 0.
Consideration of the Refinancing of Payment Obligations of the Iredell County
Rescue Squad (Equipment Lease -Purchase and Sublease Agreement dated November 9,
1999):
Chairman Johnson announced that this was the hour and day fixed by the Board of
Commissioners for the public hearing upon the proposed refinancing, on a tax-exempt basis,
pursuant to an installment financing agreement (the "Installment Financing Agreement")
between the County of Iredell, North Carolina (the "County") and a financial institution to be
selected by the County, of the payment obligations of Iredell County Rescue Squad, Inc.
("Rescue Squad"), an organization described in Section 501(c)(3) of the Internal Revenue Code
of 1986, as amended, under an Equipment Lease—Purchase Agreement and a Sublease
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Agreement, each dated as of November 9, 1999, between Rescue Squad and United Financial of
North Carolina, Inc. (collectively, the "Prior Financing Agreements") in order to achieve debt
service savings, and that the Board of Commissioners would hear anyone desiring to be heard
with respect to the Installment Financing Agreement.
As a matter of information, the Director of Finance and Administrative Services of the
County described the nature of the facilities to be refinanced and the proposed refinancing and
the installment payments to be made by the County under the Installment Financing Agreement
for such purposes.
No one appeared, either in person or by attorney, to be heard with respect to the
Installment Financing Agreement and the Clerk to the Board of Commissioners announced that
no written statement relating to said matter had been received.
Thereupon, Chairman Johnson introduced the following resolution, a copy of which
had been provided to each Commissioner, which was read by title and summarized by the
Director of Finance and Administrative Services:
RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE
REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING
AGREEMENT, OF IREDELL COUNTY RESCUE SQUAD, INC.'S PAYMENT
OBLIGATIONS UNDER PRIOR FINANCING AGREEMENTS AND
AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE
SERVICES TO FILE APPLICATION FOR APPROVAL THEREOF BY THE
LOCAL GOVERNMENT COMMISSION
BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North
Carolina:
Section 1. The Board of Commissioners does hereby find, determine and declare as
follows:
(a) The County proposes to refinance the payment obligations of Iredell County
Rescue Squad, Inc. ("Rescue Squad") under an Equipment Lease-Purchase Agreement and a
Sublease Agreement, each dated as of November 9, 1999, between Rescue Squad and United
Financial of North Carolina, Inc. (collectively, the "Prior Financing Agreements"), pursuant to
an installment financing agreement (the "Installment Financing Agreement") between the
County and a financial institution to be selected by the County.
(b) The refinancing of Rescue Squad's payment obligations under the Prior Financing
Agreements is desirable in order to lower the debt service cost of facilities and equipment
essential to the public health, safety and welfare of the citizens of the County.
(c) Based on advice from the County's financial consultants as to current tax-exempt
interest rates, the sums to fall due under the Installment Financing Agreement are not excessive
for its stated purposes.
(d) Counsel to the County has rendered an opinion that the proposed undertaking is
authorized by law and is a purpose for which public funds may be expended pursuant to the
Constitution and laws of the State of North Carolina.
(e) The Installment Financing Agreement, under the circumstances presently
obtaining, is preferable to a general obligation bond issue for this purpose. The County does not
have the ability to issue sufficient non-voted bonds under the provisions of Article V, Sec. 4 of
the North Carolina Constitution for the purpose of refinancing the outstanding payment
obligations, and voting general obligation bonds for such purpose will result in unacceptable
delay and additional cost to the County.
(f) The estimated cost of refinancing the outstanding payment obligations pursuant to
the Installment Financing Agreement compares reasonably and favorably with an estimate of
similar cost for general obligation bond financing therefor.
(g) The debt management policies of the County have been carried out in strict
compliance with law, including the filing of all required audits and reports with the Local
Government Commission (the "LGC"), and the County is within its statutory debt limit and is
not in default with respect to any of its outstanding indebtedness.
(h) The County estimates that no increase in the property tax rate will be required to
raise sums to pay the estimated debt service to fall due under the Installment Financing
Agreement.
(i) The County has made timely payment of all sums owed by it with respect to the
payment of principal of and interest on all of its outstanding debt obligations and has received no
notice from the LGC or any holder concerning the County's failure to make any required
payment of debt service.
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Section 2. The LGC is hereby requested to approve the proposed Installment Financing
Agreement pursuant to the provisions of Article 8 of Chapter 159 of the General Statutes of
North Carolina, and the Director of Finance and Administrative Services is directed to complete
all applications and execute all documents required in connection with obtaining such approval.
Section 3. All actions heretofore taken by the Director of Finance and Administrative
Services in connection with the Installment Financing Agreement are hereby ratified and
confirmed.
Section 4. This resolution shall take effect immediately upon its passage.
Chairman Johnson adjourned the hearing.
Upon motio of Commissioner Tice, the foregoing resolution entitled:
"RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE
REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, OF
IREDELL COUNTY RESCUE SQUAD, INC.'S PAYMENT OBLIGATIONS UNDER
PRIOR FINANCING AGREEMENTS AND AUTHORIZING THE DIRECTOR OF
FINANCE AND ADMINISTRATIVE SERVICES TO FILE APPLICATION FOR
APPROVAL THEREOF BY THE LOCAL GOVERNMENT COMMISSION" was passed
by the following vote:
Ayes - 5
Noes - 0.
Note: The transaction will be for the purpose of refinancing a $700,000 debt (building &
truck) with a current 8.75% interest rate. The refinancing will be for 15 years (no prepayment
penalty) at a fixed rate of 4.18%. In addition, the action will not involve any additional funding
for the rescue squad from the county.
Chairman Johnson declared the meeting to be in a public hearing and requested that all
individuals desiring to speak in reference to Case No. 0406-1 and its conditional uses to come
forward to be sworn -in.
Request from Richard D. Boone (Case No. 0406-1) to Amend the River Highway
Corridor Land Use Plan by including a Portion of Property as Commercial and to Rezone
a Portion of Property from Resort Residential to General Business - Conditional Use
District (PIN#4628-41-8254 - Location: Pinnacle Lane and River Highway/NC 150W in
Mooresville, NC): Planning Supervisor Smith said the applicant, Richard Boone, desired to
rezone a .49 acre tract of land from Resort Residential to General Business/Conditional Use. He
said that if the request were granted, the River Highway Corridor Land Use Plan would have to
be amended. Smith said the applicant had agreed to the following two conditions.
• No access from River Highway/Highway 150
• Boat and Trailer Storage will be the only allowable use
Mr. Smith said the property had been used for commercial purposes since 1997. He said
the rezoning and land use amendment would bring the entire tract of property into conformity.
Smith said the adjoining property to the west was a public access area for Lake Norman, and the
properties beyond the parcel (Pinnacle Lane) were zoned General Business. He said the staff
recommended approval, and the planning board unanimously approved the request on June 2,
2004.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Madison, after reviewing the findings of fact and determining
them to be in order, to amend the River Highway Corridor Land Use Plan in conjunction with
Case 0406-1/Richard Boone, and to approve the rezoning request from Resort Residential
Zoning District to General Business -Conditional Use Zoning District.
VOTING: Ayes — 5; Nays — 0.
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Chairman Johnson declared the meeting to be in a public hearing.
Request from Woodland and Waterview LLC (Case No. 0406-2) to Rezone Property
from Residential Agricultural to Residential Office District (PIN# 4626-83-6613 -Location:
1454 Brawley School Road in Mooresville, NC): Planning Supervisor Smith said the
applicant (Woodland and Waterview LLC) desired to rezone a .53 tract of residential property to
residential office district. He said the adjacent property, owned by the same party, was rezoned
in December of 2000 from Residential Agricultural to Residential Office. Smith said that in
addition, the Brawley School Small Area Plan was recently amended to have a low density office
node, and it included the Woodland and Waterview property. He said the planning staff
recommended approval, and that on June 2, 2004, the planning board unanimously approved the
rezoning.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Tice to rezone the property involved in Case #0406-
2/Woodland & Waterview LLC, from Residential Agricultural to Residential Office District.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson declared the meeting to be in a public hearing and invited all persons
desiring to speak in reference to Case No. 0406-4 and its conditional uses to proceed to the dais
and be sworn -in.
Request from J.T. Alexander Jr. (Case No. 0406-4) to Rezone Property from
Residential Agricultural to Office Institutional Conditional Use District (PIN#4645-63-3802
— Langtree Road, Mooresville, NC): Planning Supervisor Smith said Mr. J.T.Alexander Jr.,
desired to rezone 4.818 acres from residential/agricultural to office institutional conditional use.
Smith said the property was located in Area 2 of the South Iredell Small Area Plan that was
adopted in April of 2004. He said the plan recommended high -end -office space in a campus -
style development with limited road access and shared driveways. Smith said the signage in the
area needed to be oriented to the scale of the development and not to the interstate -traveling
public. In addition, he said off -premise advertising would not be allowed. Mr. Smith said the
proposed zoning and the stipulated conditions (as follows) would assist in aligning the
development to the South Iredell Small Area Plan. He said the staff recommended approval, and
the planning board unanimously approved the rezoning on June 2, 2004.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Williams, after reviewing the findings of fact and
determining them to be in order, to approve the rezoning request of Case No. 0406-4/J.T.
Alexander Jr., from Residential Agricultural Zoning District to Office Institutional Conditional
Use District with the listed conditions as follows.
VOTING: Ayes — 5; Nays — 0.
Conditions for Case # 0406-4/J.T. Alexander Jr.
A. Where applicable, the front yard setback is to be measured from any future right-of-way as designated in the
Iredell County Thoroughfare Plan. No chain link or similar fencing is permitted in the front yard. Fences of
natural materials (i.e. wood, brick, stone, etc.) will be permitted in the front yard.
B. Minimum Lot Width. The minimum lot width for all lots created shall be one hundred and fifty (150) feet.
C. Outside Storage of Materials. All outside storage of materials shall be prohibited. This shall include the storage
of goods or materials which are not an integral part of the use of the property and which are not obviously for
sale. This shall not preclude any situation where the primary use of the property includes the outside display of
goods for sale such as automobiles, boats, mobile homes, etc.
D. Ingress and Egress Points.
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On any lot in any planned multi -tenant development which contains more than one lot, no two points
of ingress and egress (as measured at their closest distance) shall be closer than three -hundred (300)
feet apart. No more than two (2) separate points of ingress and egress per lot or within a planned
multi -tenant development shall be allowed per road front, except where included as a condition for a
use which requires a conditional use permit located on a lot containing five (5) or more acres. Any use
engaged in the sale of automobile fuels to the public and having more than three (3) fuel stations shall
be allowed to have no more than one additional point of ingress and egress per road front provided that
said point of ingress and egress is located no closer than forty (40) feet from any other such access
point.
2. Except where ingress and egress would be denied, no portion of a point of ingress and egress shall be
located closer than two -hundred (200) feet to the centerline intersection of the road upon which the use
fronts an intersecting road. Any driveway serving as a point of ingress and egress shall have a width
not to exceed thirty-six (36) feet unless otherwise required by NCDOT.
For purposes of determining the allowable number of ingress and egress points on any particular lot,
all lots recorded at the effective date of this Ordinance shall be granted at least one ingress and egress
point per road front unless access can be provided internally. If any subdivision of land occurs after
the effective date of this Ordinance, the number of ingress and egress points shall be determined based
on the linear road frontage the tract contained prior to such subdivision. For instance, if a tract of land
contained 1,300 feet of road frontage and, subsequent to the adoption of this Ordinance, were
subdivided into three lots, only two points of ingress and egress serving the three lots would be
allowed.
4. The creation of offset driveways and/or intersections is not permitted, unless no practical alternative
exists.
5. All driveway entrances with direct access onto a thoroughfare and which must have an approved
NCDOT driveway permit must be paved to NCDOT standards from the edge of the existing roadway
pavement to the existing right-of-way limit on the interior of the property.
E. Parking
1. All parking areas must be located in the rear and/or side yard and must be stubbed -out to
connected to adjacent parcels.
2. Cooperative parking as described in Section 10.E of the Iredell County Zoning Ordinance is required
where possible.
3. Large surface parking lots should be visually and functionally segmented into several smaller lots. Of
these smaller lots, each shall have no more than 36 cars. This can be done through tree islands, etc.
4. Parking and interior driveways shall be designated in a way that will promote interconnectivity with
adjacent parcels through at least one stub on to provide for future non-residential development.
F. Signs.
L One monument sign per lot (or multi -tenant development) shall be allowed. The maximum height of
a monument sign shall be six (6) feet. The maximum area of all monument signs shall be thirty-six
(36) square feet unless a lower sign height and/or a smaller sign area is required for the underlying
zoning district. In such case, the more stringent height and/or size requirements shall apply.
In the event that a parcel has frontage on more than one public road a monument sign shall
be permitted for each road frontage. The maximum area for each additional sign shall be
thirty-six (36) square feet. All additional signs shall meet the standards listed above
concerning height and underlying district requirements.
Furthermore, wall signage will be allowed and shall not exceed thirty-six (36) square feet.
Additional permanent on -premises signs shall be permitted for multiple establishments on a
single parcel in accordance with Section It. 19(B) of the Iredell County Zoning Ordinance.
2. All monument signs must beat least ten (10) feet from the right-of-way line.
3. All signs shall be constructed to the standards of Section 3108 of the North Carolina Building Code
and shall be tastefully done. They shall be maintained in safe condition, free from deterioration,
missing parts, and peeling paint.
4. Billboard signs, off -premise advertising signs, banners, temporary signs (including real estate signs),
portable signs, and moveable signs are prohibited. On premises real estate signs are permitted.
G. Outdoor Lighting Standards.
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I . Designed, located and mounted at heights no greater than eighteen (18) feet above grade for
non -cut-off lights, or thirty-five (35) feet above grade for cut-off lights; and located ten (10)
feet from all property lines.
2. Shall not be located within any perimeter -landscaped areas except on pedestrian walkways.
3. Outdoor lighting shall not exceed 6 -foot-candles, measured at ground level at any point within the
property, and shall be installed in such a manner that the source of light (the bulb) is shielded and not
visible from adjacent roadways. All lighting shall be directed inward in such a manner so as not to
produce glare onto adjacent property and so that the primary cone of illumination does not extend
beyond the property lines.
H. Landscaping.
1. Any chain link or similar fencing visible from the street must be screened at least ninety (90) percent
opaque from the ground to a height of at least six (6) feet as per Section 12.1 of the Iredell County
Zoning Ordinance.
2. Commercial parking lots must be screened from the roadway at least ninety (90) percent opaque from
the ground to a height of at least four (4) feet as per Section 12.1. This provision may be omitted if it
is accomplished by #1 above.
3. The parking lot shall also be landscaped with canopy trees as required by this section at the rate shown
below. This requirement shall be initiated by the initial use or development of the property. Canopy
trees shall be provided at a rate of one canopy tree for every 6 spaces. Required canopy trees shall be
distributed throughout the parking area and shall be located within or adjacent to parking lots as tree
islands, at the end of parking bays, inside medians or between rows of parking spaces. Canopy trees
must be a minimum of eight (8) feet high and two (2) inches in diameter, measured six (6) inches
above grade at planting. When mature, a canopy tree should be at least forty (40) feet high and have a
minimum crown width of thirty (30) feet. A list of appropriate trees can be found in the section below.
4. A landscaped roadway yard shall be provided by each use subject to this requirement. The
requirement for a landscaped roadway yard shall be initiated by the occurrence of the same activities as
set forth in Section 12.1. A landscaped roadway yard is a landscaped area parallel to the public
roadway designed to provide continuity of vegetation along the right-of-way and a pleasing view from
the road. Only driveways and crosswalks shall penetrate the landscaped area. The minimum width of
the roadway yard shall be fifteen (15) feet measured from and parallel to the public road right-of-way
or future right-of-way as designated by the Iredell County Thoroughfare Plan, whichever is most
restrictive. It shall be landscaped and maintained with a combination of trees and shrubs, consisting of
a minimum of one (1) tree and ten (10) shrubs for each fifty (50) feet. The following is a sample list of
recommended trees by common name:
Red Maple
White Pine
Pecan
Sycamore Deodar
Cedar
White Oak
White Spruce
Pin Oak
American Holly
Post Oak
Black Locust
American Linden
Red Mulberry
American Elm
The following is a sample list of recommended shrubs by common name
American Boxwood Common Juniper Carolina Allspice
Nandina Flowering Quince Azalea
Hedge Cotoneaster Mapleleaf Viburnum Japanese Holly
Sargents Chinese Juniper Japanese Barberry Common Laurelcherry
Purple Beautyberry Fragrant Sumac
ADMINISTRATIVE MATTERS
Presentation from Planning Supervisor Ron Smith regarding Current & Upcoming
Projects: Mr. Smith provided an update on the following projects.
• Air Quality Initiatives: Some areas of the county (Davidson/Coddle Creek Townships) have
been designated as non -attainment for air quality. Smith said nonattainment could be defined as not
meeting the Environmental Protection Agency's 8 -hour standard for air quality. He said the
measurement had recently changed from 1 -hour, and this had brought many more areas into the
nonattainment designation. He said the ground level ozone was the primary culprit for the area's
designation, and this was created when volatile organic compounds mixed with nitrogen oxide and
sunlight.
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• Sustainable Environment for Quality of Life (SEQL): This initiative will probably be an aid
in improving the air quality designation. SEQL is a broad environmental initiative comprised of not
only air quality, but also water quality and development.
• Mooresville Extraterritorial Jurisdiction (ETJ) Expansion: This expansion will be in
conjunction with the adopted South Iredell Small Area Plan. (Effective date for the ETJ is July 15, 2004.)
• Statesville Urban Service Area (USAF Statesville will probably adopt an urban service area
plan in the near future, and later, it will be submitted to the county for adoption.
• Catawba-Wateree Relicensing: Duke Power is in the process of being relicensed by the
Federal Energy Regulatory Commission. Several advisory groups have been created to assist in this
endeavor.
• Commuter Rail Proiect: Environmental review is now taking place for the rail project. Total
cost for the project is $6.7 million, and most of the funding will be from the federal government.
• Demographic Forecast: The county planning department along with colleagues in Mooresville
and Troutman have contracted with Frank Warren & Associates to develop an employment,
demographic, and land absorption forecast for the southern end of the county. The forecast will extend
to year 2005.
• Zoning Ordinance Update: The planning staff will seek approval of a zoning ordinance rewrite
from both the planning board and the board of commissioners in the near future.
• Watershed Ordinance Updates: The planning staff will seek approval of an update to the
watershed ordinance in the near future. Compliance with the state's model ordinance will be the
purpose behind the update.
• Joint Planners Meeting: Centralina Council of Governments is facilitating a joint planners
meeting to review air quality, riparian buffers, and recreation topics.
-----------------------------------------CONSENT AGENDA ---------------------------------------------
MOTION by Chairman Johnson to approve the following 15 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request for Approval of the June 2004 Refunds and Releases: Tax Administrator
Bill Doolittle requested approval of the following refunds and releases.
JUNE 2004 TAX RELEASES & REFUNDS
Releases
Refunds
County
13,717.96 $
668.10
Solid Waste Fees
78.00
0
East Alexander Co. Fire # 1
2.29
0
Shepherd's Fire # 2
23.25
0
Mount Mourne Fire # 3
246.08
0
All County Fire # 4
543.82
231.92
Statesville City
1,110.96
551.91
Statesville Downtown
0
0
Mooresville Town
4,083.72
0
Mooresville Downtown
0
0
Mooresville School
1,187.75
0
Love Valley
33.38
0
Harmony
42.87
0
Troutman
44.50
0
Total
$21,114.58
$1,451.93
A complete list, of the individual tax releases and refunds, is hereby incorporated
into the minutes by reference.
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2. Request from the Health Department for Approval of a Medicaid Fee Increase
Effective July 1, 2004, for Services Provided by the Maternity Outreach Worker: As
explained by Health Director Donna Campbell during the briefing, the current fee of $11 per unit
of service will be increased to $17 effective July 1. The increase is necessary due to Medicaid,
or the federal government increasing the reimbursement amount, while at the same time it
decreased the number of units the worker may invoice per month (9 units to 7 units).
3. Request from the EMS Department for Approval of a Billing Services Contract: During
the agenda briefing, EMS Director Lee Darnell requested approval of a billing services contract
with EMS Management & Consultants, Inc., out of Lewisville, North Carolina. Darnell said the
company's background had been thoroughly explored, and he along with Emergency Management
Director Tracy Jackson and Finance Director Susan Blumenstein had made an on-site visit of the
agency. In addition, he said Attorney Pope had reviewed the contract. He said the county would
reimburse the company eight percent of net collections on a monthly basis or a minimum of $100,
whichever is greater. ('Net collections shall mean all amounts received each month, from or on heha f of client, for
individual patient care, less refunds or adjustments to those amounts.')
4. Request from the EMS Department for Approval of a Medical Director Services
Contract: EMS Director Darnell said during the briefing session, that Dr. Steven Folstad had
agreed to remain the Medical Director for the EMS Department and a contract had been written to
extend through June 30, 2005.
5. Request for Permission to Add Another Member to the Local Emergency Planning
Committee (LEPC) and Notification of Two Vacancies: Emergency Services Director
Jackson, during the 5 p.m. meeting, announced the LEPC resignations of Mark Shepherd (Thorlo
Mfg.) and Emily Sabino (media representative). He said the LEPC was requesting that another
category be added to the committee's composition and this would be for the local firefighters
association. Jackson said the three appointments would be on the August 3 agenda.
6. Request for Approval of Change Orders for the new Library: Support Services Director
Jim Vernon requested approval of 13 change orders in conjunction with the new library's
construction. A brief description of the changes and their costs are as follows:
#1 Pipe Boots
#2 ASSA locks
#3 Structural changes due to supplier change on pre -cast
#4 Mechanical room overhead door
#5 Deleted media carts
#6 Curb & gutter relocation
#7 Carpet change (deduct)
#8 Roof changes (previously approved by board) (deduct)
#9 Emergency generator transfer switch
#10 DeductT.V. antennae (deduct)
#11 Landscaping changes (required by city) (deduct)
#12 Add retaining wall to north side of site for book drop drive through
#13 Change in drywall framing on staircase due to DOI requiring sprinklers
Net change order total
+$ 214.00
+ 8,174.00
+ 10,087.03
+ 5,604.15
+ 8,857.60
- 19,900.00
- 11,000.00
+ 12,460.00
- 402.00
- 125.00
+17,773.50
+ 1.573.30
�l[tIL�3
Note: The $33,316.58 will be taken from General Construction/Contingency ($50,000) leaving
a balance of $16,683.42.
7. Request for the Approval of a Financing Proposal from the SouthTrust Bank Regarding
the Iredell County Rescue Squad Refinancing: Finance Director Blumenstein advised during
the briefing session that six banks had offered financing proposals for the $700,000 Iredell
County Rescue Squad refinancing. She recommended that the contract be awarded to
SouthTrust Bank with a 4.18% fixed rate. (In addition, the bank will pay all of the costs
including a Phase I Environmental report, if required.) Additional information about the
proposals is as follows:
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Bank
Rate
Fixed
Amort
Expires
Pre -pay
Orig.
Fees/
Total
Penalty
Fee
Closing
repayment
Bank
BB&T
4.13%
15 rs.
360days
1%
0%
3,500.00
5918,029.71
$921,529.71
Bank of
4.475%
15yrs.
360days
45 days
5%yrs I-3
5,500.00
939,616.07
945,116.07
America
4%yrs 4-6
3%yrs 7-9
2%yrs10-12
1 %yrs 13-
15
Community
4.595%
15yrs.
360days
9/15
1.5%yrs 1-5
3,500
1,250
942,578
947,328.00
Bank
First
3.27%
Yrs 1-5
360days
100%+$250
750
100%
963,916.61
964,667.00
Citizens
+ costs
70%prime
Yrs 6-15
Calculated at
7.1 5%ceiling
3.27%60 mos
7.15% 120 mos
SouthTrust
4.18%
15yrsfixed
360days
60days
None
0
Bank -no costs 920,669.31
920,699.31
Bank will pay for Env. Phase
1, if required
Wachovia
4.45%
15yrs
360days
8/18
0
Est
6,000
934,923.04
940,923.00
4.65%
360da s
1%
8. Request for Approval of an Authorizing Resolution for the FlexSol Community
Development Block Grant and Permission for the Chairman to sign the following
documents:
1. Environmental Reviews (community level)
2. NC Small Cities CDBG Program Application Summary
3. Local Economic Benefit for Low & Very Low Income Persons
4. Equal Employment Plan
5. Legally Binding Commitment
6. Certification ofAbility
7. Anti -Displacement and Relocation Plan
8. Disclosure Report for Federally Assisted Projects/Small Cities CDBG Program
The approved resolution is as follows:
Iredell County
Authorizing Resolution
Community Development Block Grant
FlexSol Project
WHEREAS, various state and federal agencies provide funds to counties and
municipalities to meet the needs of local governments in financing the costs of community
development projects which provide needed services to low and moderate income persons; and
WHEREAS, the Division of Community Assistance is the State administrating agency
for the Community Development Block Grant Program and Commerce administers the
CDBGEconomic Development Program; and
WHEREAS, the Board of Commissioners of Iredell County has solicited and
received citizen input regarding the Community Development Block Grant Economic
Development Program which will provide 30 low and moderate income workers as part of the
grant.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Iredell County:
That Iredell County will substantially comply with all federal, state, and local laws, rules,
regulations and ordinances pertaining to the project and to federal and state grants pertaining
thereto.
That Steve D. Johnson, Chairman of the Board of Commissioners of Iredell County
and successors so titled is hereby authorized and directed to furnish such information as the
appropriate governmental agencies may request in connection with such applications for the
project; to make the assurances and certifications as contained above; and to execute such
other documents as may be required in connection with the construction of the project.
That this resolution shall take effect immediately upon its adoption.
10
9. Request for Approval of a Grant Project Ordinance for the FlexSol CDBG Project: Paula
Bass, a consultant for EnergyUnited Water Corporation and FlexSol, submitted the following
ordinance information. In accordance with a memo from Finance Director Blumenstein, Iredell
County will not make a direct monetary contribution to this project, but it will provide financial
administration of the grant funds. In addition, FlexSol will remit $85,069 to the County prior to the
awarding of the construction contracts. The ordinance is as follows:
CDBG-FlexSol Water & Sewer Improvements
Project Ordinance
Be It Ordained by the Board of County Commissioners of tredell County, North Carolina:
Section 1. Funds for this CDBG Project will be provided by:
NC Small Cities CDBG-Economic Development $ 195,207
FlexSol Project contribution 85,069
280 ,276
Section 2. The following costs will be paid from this grant project fund:
Professional Services $ 27,276
Water System Improvements 222,000
Sewer System Improvements 31,000
$280,276
Section 3. This grant 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.
This project ordinance is effective July 13, 2004.
Note: FlexSol was formerly Eclipse Packaging, Inc.
10. Request for Approval of Budget Amendment #2 in the Amount of $64,500 in
Conjunction with a Request from the Unity Children and Family Services Agency for
Iredell County to be the Fiscal Agent for a Governor's Crime Commission Grant (pass-
through basis): Unity Children and Family Services successfully applied for a Governor's
Crime Commission grant in the amount of $64,500. The funding will enhance a program already
being provided and funded through a grant from the Department of Juvenile Justice and
Delinquency Prevention (SOS or Support our Students Program) at Statesville Middle School.
The $64,000 grant requires that the county be the fiscal agent. Finance Director Blumenstein
has reviewed the submitted documents and talked with state officials about the program.
Blumenstein feels, at this time, that the pass-through funding to Unity and the subsequent
verification of the agency's monthly cost reports will not be too burdensome on the county, and
therefore, has consented to the arrangement.
Connie Cutino, the Executive Director for the agency, attended the 7 p.m. meeting and
provided a brief overview of the program. She said the agency worked with middle school youth
during after-school hours. Cutino said the students were assisted with their homework and that
organized activities were provided for them.
11. Request for Approval of Budget Amendment #3 to Recognize a $10,590 Grant for the
Elections Department in Conjunction with the Help America Vote Act (NAVA): In
accordance with a memo from the finance director, the $10,590 will be used for election
departmental supplies.
12. Request for the Appointment of Susan Blumenstein as the Acting County Manager for
a Period Extending from July 23, 2004 (12 noon) through August 1, 2004 (midnight):
County Manager Mashburn will be on vacation during this period of time.
13. Request for Approval of a Resolution in Support of Amendment One: Self -Financing
Bonds (A Local Economic Tool to Create Quality Jobs, Revitalize Communities and
Attract New Economic Opportunities in North Carolina): The following resolution was
approved.
11
RESOLUTION IN SUPPORT OF AMENDMENT ONE: SELF-FINANCING BONDS: A
LOCAL ECONOMIC DEVELOPMENT TOOL TO CREATE QUALITY JOBS, REVITALIZE
COMMUNITIES AND ATTRACT NEW ECONOMIC OPPORTUNITIES IN NORTH
CAROLINA
WHEREAS, Iredell Countv has a need to attract more jobs and economic development; and
WHEREAS, self-financing development bonds will have a direct impact on creating new jobs, new
investment, and strengthening the tax base in our state; and
WHEREAS, communities across the nation have used these bonds successfully to promote
economic development; and
WHEREAS, the use of these bonds will make a difference for every community° — urban, suburban
and rural; and
WHEREAS, these bonds will give local governments flexibility to pursue multiple types of
economic development projects including industrial site development, redevelopment of existing industrial
and Brownfield sites, affordable housing and community revitalization; and
WHEREAS, these bonds allow North Carolina's local governments to use a new mechanism to
invest in public improvements designed to attract private sector investment; and
WHEREAS, North Carolina is only one of two states in the nation that does not have this
economic development tool; and
WHEREAS, self-financing development bonds have received wide -range bi-partisan support from
the General Assembly and the business community, as well as municipal, county and state government and
Governors Holshouscr, Martin and Hunt; and
WHEREAS, North Carolina will have some of the strongest safeguards in the country to ensure
self-financing bonds are used for good purposes; and
WHEREAS, these bonds are subject to voter approval on the November 2004 ballot and deserve
rightful consideration be the citizens of the State.
NOW, THEREFORE, BE IT RESOLVED THAT Iredell Counn strongly supports self-
financing development bonds because now is the time to enhance our ability to create new jobs and
investment in our community/county.
BE IT FURTHER RESOLVED that Iredell County pledges to work to educate and inform the
citizens of our state and community about the importance of self-financing development bonds in providing
jobs and improving the economic competitiveness, and pledges to encourage votcrs to approve the measure
in November 2004.
14. Request for the Appointment of Marvin Norman as the Voting Delegate for the
NCACC Annual Conference (The conference will be held in Asheville, NC from August 19-
22,2004.)
15. Request for Approval of the June 15 & June 22, 2004 Minutes
--------------------------------------------END OF CONSENT AGENDA ----------------------------------
Request from the Lake Norman Marine Commission (LNMC) for an Additional
Appropriation of $3,000 & Approval of Budget Amendment #1: Commissioner Tice said
the LNMC had requested an additional $3,000 for the purpose of addressing the hydrilla
problem. Tice said the commission provided many useful services, such as safety and clean -
water programs, and she supported the request. She said the commission was composed of
Lincoln, Catawba, Mecklenburg and Iredell County and the bylaws stated that all four counties
had to contribute the same amount of money on an annual basis. She said the other counties had
already approved the $3,000.
12
MOTTO by Commissioner Tice to approve Budget Amendment #1 in the amount of
$3,000.00, to be derived from the contingency account, for the Lake Norman Marine
Commission to use in its efforts to eradicate or control the hydrilla problem at Lake Norman.
VOTING: Ayes — 5; Nays — 0.
Notification from the Pyramid Environmental & Engineering Company Regarding
Soil Spreading at the North Carolina Department of Transportation (NCDOT) Facility:
County Manager Mashburn said notice had been received that a "soil -spreading application"
would occur on property owned by the NCDOT (124 Prison Camp Road, Statesville, NC).
Mashburn said an underground storage tank had created petroleum -contaminated soil, and the
state had applied for a land -application permit.
Attorney Pope said that at one time the county had an ordinance that regulated the
disposal of petroleum -contaminated soil. He said, however, a company challenged the ordinance
and the courts ruled that the state's regulations pre-empted county ordinances. Mr. Pope said the
ordinance had subsequently been abolished, and with this being the case, the county did not have
much authority in the matter. Mr. Pope said the board could accept the Pyramid Environmental
letter for informational purposes.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Adult Care Community Advisory Committee (1 announcement)
Recreation Advisory Committee (2 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee 3 appointments): No
nominations were submitted, and Commissioner Madison made a otion to postpone the
appointments until the August 3 meeting.
VOTING: Ayes — 5; Nays — 0.
Juvenile Crime Prevention Council (3 appointments): Commissioner Williams
nominated Steven Michael Sexton and Donna Young.
Commissioner Madison nominated Stephen Issak.
OTION by Chairman Johnson to appoint Sexton, Young, and Issak by acclamation.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: County Manager Mashburn updated the board on
the following projects.
*New Library & Iredell County Government Center-South/DENR Projects are on schedule.
(DENR or Department of Environment & Natural Resources space should be completed
in August.)
*Jail satellite at the former prison site has suffered some delays; however, the septic
system has been completed.
•New DSS facility is still in the design phase.
CLOSED SESSION: MOTION by Chairman Johnson at 8:05 p.m., to enter into closed
session for the purpose of discussing a property acquisition matter pursuant to G.S. 143-318.11
(a) (5).
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:40 P.M.)
13
ADJOURNMENT: MOTIO by Chairman Johnson to adjourn the meeting at 8:41
p.m. (NEXT MEETING: Tuesday, August 3, 2004, at 5 and 7 p.m. in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0.
Approved:
14
Clerk to the Board