HomeMy WebLinkAboutJuly_19_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
JULY 19, 2005
The Iredell County Board of Commissioners met in Regular Session on
Tuesday, July 19, 2005, at 7:00 p.m., in the Iredell County Government Center
(Commissioners' Meeting Room), 200 South Center Street, Statesville, NC.
Present were:
Sara Haire Tice, Chairman
Vice Chairman Godfrey Williams
Steve D. Johnson
Ken Robertson
Absent: Marvin Norman
Staff present: County Attorney Bill Pope, County Manager Joel Mashburn,
Deputy County Manager Susan Blumenstein, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Williams.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 619, sponsored by the Union
Grove Methodist Church, led the Pledge of Allegiance. Scout leaders accompanying the
boys to the meeting were Jim Hamer, David Perry, and Steve Bergandine.
ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Tice to
approve the agenda with the following revisions.
Additions: • Closed Session for Attorney/Legal — G.S. 143-318 11 (a) (3)
Deletion: • Request from the Telco Community Credit Union for a Letter of
Endorsement from the County Manager for the Establishment of
Community Charter in Iredell County
VOTING: Ayes — 4; Nays — 0.
PUBLIC HEARING
Chairman Tice declared the meeting to be in a public hearing.
Consideration of an Economic Development Incentive for Lowe's
Companies, Inc.: Economic Developer Melanie O'Connell Underwood along with
Lowe's representatives Ames Flynn and David Greene attended the meeting to discuss
an economic development incentive grant. Underwood said the company was
requesting a grant for its Phase III project in the amount of $2,292,000 (over six years)
based on a $110 million investment.
Lowes Vice President of Administration Ames Flynn said it was the company's
intent, as a part of its overall campus master plan, to initiate a third phase consisting of
approximately 730,000 sq. ft. of office space. He said Phase III would consist of two
buildings at the Mt. Mourne site, and it would accommodate 2,500 additional
employees. He said Phase 11 would open this fall with 2,000 employees. Flynn said the
projected cost of Phase III would be over $110 million, and the company planned to
finalize the construction/architectural work and bids by the end of this year. He said
construction would begin in early 2006 with completion expected in early 2008.
Chairman Tice thanked the Lowes representatives for their confidence in the
county and expressed appreciation for the company's continued investment along with
the substantial number of jobs being created.
Lowe's Assistant Treasurer David Greene thanked the commissioners and staff
for their assistance in the company's projects.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTTO by Commissioner Johnson to approve the economic development
incentive in the amount of $2,292,000 (over a six-year period) based on an investment
of $110 million.
Johnson advised the audience that the company was not "walking out of the meeting
with a check for $2,292,000." He said, rather, a contractual agreement would be entered into,
and it would require the company to meet certain standards in order to obtain the county's
assistance in the location of the expansion project. Johnson said that in any given year, the
county would not be spending out any more money than being received.
VOTING: Ayes — 4; Nays — 0.
-----------------------------------------CONSENT AGENDA -------------------------------------
MOTIO by Commissioner Johnson to approve the following nine (9) consent
agenda items.
VOTING: Ayes — 4; Nays — 0.
1. Request from the Iredell-Statesville School System for Permission to Purchase
Land for Future Needs at the Mt. Mourne School Site: Approval was given to the
school system to purchase property (t 71 acres) at an approximate cost of $1,412,000.
The property is located at 518 Presbyterian Road, in Mooresville, NC and will be used
for a new elementary/middle school. (See briefing minutes for additional information.)
2. Request from the Tax Administrator for Approval of the June 2005 Releases
& Refunds: Tax Administrator Bill Doolittle requested approval of the following
refunds and releases during the agenda briefing.
JUNE 2005 TAX RELEASES & REFUNDS
Releases
Refunds
County
$20,432.56 $
3,656.74
Solid Waste Fees
52.00
0
East Alexander Co. Fire #1
16.63
0
Fire # 2
77.29
13.49
-Shepherd's
Mount Mourne Fire # 3
93.34
0
All County Fire # 4
529.17
50.24
Statesville City
6,074.24
146.95
Statesville Downtown
596.01
0
Mooresville Town
7,146.35
3,342.82
Mooresville Downtown
0
0
Mooresville School
1,720.37
88.69
Love Valley
0
0
Harmony
12.92
0
Troutman
54.43
0
Total
$36,805.31
$7,298.93
A complete list, of the individual tax releases and refunds, is hereby incorporated
into the minutes by reference.
3. Request from the Director of Emergency Services to Accept a 2005 Urban
Area Security Initiative Sub -Grant in the Amount of $56,250 for the Purchase of
Ten (10) 800 MHz Mobile Radios for Emergency Response Vehicles (Funds are
from the Department of Homeland Security and the Actual Grantee is the City of
Charlotte. Iredell County is a Regional Partner.): During the 5 p.m. meeting, Tracy
Jackson, the Emergency Services Director, said the $56,250 would be used for ten
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radios to be placed in emergency response vehicles located in the southern end of the
county. He said 15 radios had previously been purchased for other areas of the county.
4. Request from the Director of Emergency Services for Approval of a
Resolution Seeking an Agricultural Disaster Declaration for Iredell, Alexander,
and Yadkin Counties from Governor Michael Easley: The following resolution, as
shared by Tracy Jackson during the agenda briefing was approved for submission to
Governor Easley.
RESOLUTION
REQUESTING THE GOVERNOR TO PROCLAIM AN A GRICUL TURAL DISASTER
FOR
IREDELL, ALEXANDER, AND YADKIN COUNTIES
WHEREAS, we have determined that a State of Disaster and State of Emergency, as
defined in N.C.G.S. § 166A- and 14.288.1 (10), exists in the State of North Carolina,
specifically in Iredell, Alexander, and Yadkin Counties as a result of the impact of Tropical
Storm Cindy on July 7, 2005; and
WHEREAS, on July, 7, 2005, Iredell, Alexander, and Yadkin Counties proclaimed a
local State of Emergency as the result of tornadoes that impacted these counties; and
WHEREAS, pursuant to N.C.G.S. § 166A-6, the criteria of disaster are met including
the following: 1) Iredell, Alexander, and Yadkin Counties declared a local state of'emergency
pursuant to N.C.G.S. § 166A-8 and N.C.G.S. § 14-288.12, 14-288.13 and 14-288.14, and 2) The
preliminary agricultural damage assessment appears to show major losses to crops and farm
structures, 3) A major disaster declaration by the President of the United States pursuant to the
Stafford Act has not been declared.
NOW THEREFORE, pursuant in the authority vested in me as the Chairman of the
Iredell County Board of Commissioners:
I HEREBY REQUEST that the Governor of North Carolina declare a regional
agricultural disaster for Iredell, Alexander, and Yadkin Counties for the July 7, 2005 tornado
damage caused as a result of Tropical Storm Cindy.
IT IS BELIEVED that such a declaration will allow farmers in the impacted
communities to obtain federal disaster relief and state disaster aid programs.
Done in the City of Statesville, County of Iredell, North Carolina this the 19'x' day of
July, 2005.
5. Request from the Director of Emergency Services for a Contract to be
Drafted by the County Attorney Pertaining to an Iredell County EMS Substation
to be Located at the new Lake Norman Volunteer Fire Department: Emergency
Services Director Jackson stated at the agenda briefing that a ten-year lease was needed
to occupy space at the new Lake Norman VFD. He said an EMS substation would be
based at the fire department, and the anticipated costs for the ten-year period would be
$240,000. Jackson said after the ten years, the county would own the substation space.
He said the intent of locating the station at the fire department was to improve the
response time on the western side of 1-77 and in -and -around the lake area.
6. Request from the Health Department for Approval of an On -Site Waste
Water "Experienced Based" Salary Hiring Scale Proposal and a Salary
Adjustment Proposal: See briefing minutes for information on this request. Both
proposals were approved.
7. Request from the Social Services Director for Approval of Budget
Amendment #2 to Recognize a DSS Reimbursement for an Employee to
Participate in the "NC Fast Project" (North Carolina Families Accessing Services
through Technology) and Approval to Appropriate Funding to Contracted
Services for a Temporary Employee to Fill the Employee's Position or Absence
while Participating in the Project: Social Work Program Administrator Lisa York
said during the agenda briefing, that Child Protective Services Investigator Rosalind
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Fisher had been accepted by the state to participate in an automation project designed to
improve the delivery of services. She said Fisher would have to temporarily relocate to
Raleigh while participating in the project, and the "Fast" program would reimburse the
county for the salary costs (gross salary/fringe benefits). Mrs. York requested approval
of Budget Amendment #2 for the purpose of hiring a temporary employee to occupy the
position during Fisher's absence.
Note: This request deals strictly with approval of Budget Amendment #2 which was
written as follows: Recognize DSS reimbursement of employee participating in the
NCFAST program, and appropriate for contracted services -other for temporary service
to fill the position.
S. Request from the Elections Department for Permission to Apply for a North
Carolina Help America Vote Act (NAVA) Grant in the Amount of $1,500 for a
Computer & Printer): Deputy County Manager Blumenstein said at the 5 o'clock
meeting that state legislation mandated that prior to January 1, 2006, each board of
elections should have a public work station. She said the county was eligible to apply
for grant funds to purchase the work station (computer/printer), but permission was
needed prior to submitting the application.
9. Request for Approval of the June 21 & July 5, 2005 Minutes
OF CONSENT AGENDA --------------------------------
Request for the Introduction of Two Orders Associated with the October
2005 General Obligation Bond and a Directive to Designate the Director of Finance
& Administrative Services as the Officer to Prepare and File a Sworn Statement of
Debt along with a Request to Call for a Pubic Hearing on August 2, 2005, in the
Commissioners' Meeting Room of the Iredell County Government Center (200
South Center Street, Statesville, NC: The Chairman introduced the following two
orders authorizing bonds, each of which was read by title and summarized by the
Director of Finance and Administrative Services:
ORDER AUTHORIZING
$44,630,000 SCHOOL BONDS
WHEREAS, each of the Iredell/Statesville Schools Board of Education and the
Mooresville Graded School District Board of Education, has, by resolution, requested
the Board of Commissioners for the County of Iredell, North Carolina to provide
additional school facilities in their respective school administrative units, the estimated
aggregate cost of which is at least $44,630,000.
WHEREAS, said resolutions request said Board of Commissioners to provide
the funds required for such school facilities; and
WHEREAS, said Board of Commissioners, acting as an administrative agent of
the State in providing a State system of public schools, has determined to order the
issuance of bonds of the County of Iredell so that the school facilities mentioned in said
resolutions and in paragraph 1 of this order may be provided; now, therefore,
BE IT ORDERED by the Board of Commissioners for the County of Iredell:
1. That, pursuant to The Local Government Bond Act, as amended, the
County of Iredell, North Carolina, is hereby authorized to contract a debt, in addition to
any and all other debt which said County may now or hereafter have power or authority
to contract, and in evidence thereof to issue School Bonds in an aggregate principal
amount not exceeding $44,630,000, for the purpose of providing funds, together with
any other available funds, for (i) constructing an elementary school in the Mt. Mourne
area, renovating and expanding N.B. Mills/Monticello Elementary School, Sharon
Elementary School, Troutman Elementary School, Troutman Middle School, Brawley
Middle School, North Iredell Middle School, Statesville Middle School, West Iredell
Middle School, Lake Norman High School, Statesville High School, North Iredell High
School and West Iredell High School for the Iredell-Statesville Schools Board of
Education, including the acquisition of necessary land and equipment ($36,400,000),
and (ii) erecting additional school buildings, remodeling, enlarging and reconstructing
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existing school buildings, providing necessary utilities and acquiring necessary land and
equipment in order to provide additional school facilities for the Mooresville Graded
School District ($8,230,000).
2. That taxes shall be levied in an amount sufficient to pay the principal of
and the interest on said bonds.
3. That a sworn statement of the debt of said County has been filed with the
Clerk to the Board of Commissioners and is open to public inspection.
4. That this order shall take effect when approved by the voters of said
County at a referendum as provided in said Act.
ORDER AUTHORIZING
$6,000,000 COMMUNITY COLLEGE BONDS
WHEREAS, the Board of Trustees of Mitchell Community College has, by
resolution, requested the Board of Commissioners for the County of Iredell, North
Carolina to improve the facilities of Mitchell Community College by acquiring,
constructing and renovating buildings and other facilities, including the acquisition of
any necessary land, furnishings and equipment, the estimated aggregate cost of which is
at least $6,000,000.
WHEREAS, said resolution requests said Board of Commissioners to provide
the funds required for such facilities; and
WHEREAS, said Board of Commissioners has determined to order the issuance
of bonds of the County of Iredell so that the facilities mentioned in said resolution and
in paragraph 1 of this order may be provided; now, therefore,
BE IT ORDERED by the Board of Commissioners for the County of Iredell:
1. That, pursuant to The Local Government Bond Act, as amended, the
County of Iredell, North Carolina, is hereby authorized to contract a debt, in addition to
any and all other debt which said County may now or hereafter have power or authority
to contract, and in evidence thereof to issue Community College Bonds in an aggregate
principal amount not exceeding $6,000,000, for the purpose of providing funds,
together with any other available funds, for expanding and improving the facilities of
Mitchell Community College, including, but not limited to, the construction of a
Student Services Building on the Statesville Campus and an expansion of the
Mooresville Campus, including additional parking and classroom facilities, and the
acquisition of any necessary land, furnishings and equipment.
2. That taxes shall be levied in an amount sufficient to pay the principal of
and the interest on said bonds.
3. That a sworn statement of the debt of said County has been filed with the
Clerk to the Board of Commissioners and is open to public inspection.
4. That this order shall take effect when approved by the voters of said
County at a referendum as provided in said Act.
The Board of Commissioners thereupon designated the Director of Finance and
Administrative Services as the officer whose duty it shall be to make and file with the
Clerk to the Board of Commissioners the sworn statement of debt of the County which
is required by The Local Government Bond Act, as amended, to be filed after a bond
order has been introduced and before the public hearing thereon.
Thereupon the Director of Finance and Administrative Services filed with the
Clerk to the Board of Commissioners, in the presence of the Board, the sworn statement
of debt as so required.
On motion duly made by Commissioner Robertson and unanimously carried,
the Board of Commissioners fixed 7:00 P.M., on August 2, 2005, in the
Commissioners' Meeting Room at the Iredell County Government Center in Statesville,
North Carolina, as the hour, day and place for the public hearing upon the foregoing
bond orders and directed the Clerk to the Board of Commissioners to publish each of
said bond orders, together with the appended statement as required by Section 159-56 of
The Local Government Bond Act, as amended, once in the Statesville Record &
Landmark not later than the sixth day before said date.
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-----------------------------------END OF CONSENT AGENDA -------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Adult Care Home Community Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (6 appointments):
OTION by Chairman Tice to postpone the six appointments until the August 2, 2005
meeting.
VOTING: Ayes — 4; Nays — 0.
Juvenile Crime Prevention Council (3 appointments): Commissioner
Robinson nominated Andrea Edwards for the juvenile attorney position.
MOTION by Chairman Tice to close the nominations and appoint Edwards by
acclamation.
VOTING: Ayes — 4; Nays — 0.
Commissioner Johnson nominated Rudy Davis for the at -large position
(replacement for Donna Young).
MOTION by Chairman Tice to close the nominations, appoint Davis by
acclamation, and postpone the "business community representative" appointment until
the August 2 meeting.
VOTING: Ayes — 4; Nays — 0.
Nursing Home Advisory Board 1 appointment): No nominations were
submitted, and Chairman Tice made a motio to postpone the appointment until the
August 2 meeting.
VOTING: Ayes — 4; Nays — 0.
Farmland Preservation Advisory Board (1 appointment): Commissioner
Johnson nominated Charles Carter.
No other nominations were submitted, and Chairman Tice made a motion to
appoint Carter by acclamation.
VOTING: Ayes — 4; Nays — 0.
Region F Aging Advisory Committee 2 appointments): No nominations
were submitted, and Chairman Tice made a Irnotion to postpone these two appointments
until the August 2 meeting.
VOTING: Ayes — 4; Nays — 0.
NEW BUSINESS
Discussion Regarding the July 7, 2005 Tornado: Commissioner Williams said
the Fire Tax District Board members met on Tuesday, July 12 and requested that certificates of
appreciation be distributed to all of the fire departments, and the other agencies, that assisted
with the tornado cleanup. He said the certificates would be "hand carried" to the agencies, and
that some of them were located outside the county. Commissioner Williams asked that a letter
of appreciation from the board of commissioners be written to accompany the certificates.
Williams suggested that Emergency Management Director Tracy Jackson compile a listing of
all the agencies that assisted.
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Commissioner Johnson said various Yadkin County departments assisted, and
that Davie County had also provided personnel and equipment.
Williams thanked everyone who assisted during and after the disaster and made
a motion for the appreciation letters to be written.
VOTING: Ayes — 4; Nays — 0.
TIPPING FEE WAIVER FOR DEBRIS CAUSED BY THE JULY 7
TORNADO: Commissioner Johnson said many people in the northern end of the
county were trying to clean up their properties that were damaged by the recent storm.
He said in the past, a tipping fee waiver had occurred for debris caused by similar
storms.
OTION by Commissioner Johnson to waive the solid waste tipping fee for the
properties damaged by the recent tornado and for this action to be a temporary measure
and to only apply to the debris caused by the storm.
VOTING: Ayes — 4; Nays — 0.
HOUSE BILL 1638 (Short Title: 911 Service Taxes): County Manager
Mashburn said advocates of the HB 1638 were alleging the bill would further the goals
of Homeland Security by transferring the collection of 911 service taxes to local
governments which would eliminate the existing charges on telephone subscribers. He
said, actually, the legislation was a method to eliminate the collection of an assessment
placed on each telephone bill, and it was being pushed by the phone companies.
Mashburn said the assessment revenue was used to purchase equipment for the
emergency operations center (911 office) and there were strict guidelines for the
money's usage. Mashburn said the telephone companies opposed the assessment and
desired for the charge to be deleted from their customers' invoices. He said the
companies preferred for the local governing bodies (city councils/boards of county
commissioners) to impose the charge. Mr. Mashburn said the assessment had worked
well since 1989, when the charge was S1 per line compared to the current fee of 43¢,
and that a large fund balance did not accrue. He suggested that the clerk to the board
write a resolution in opposition to the legislation.
OTION by Commissioner Williams for the clerk to the board to (1) draft a
resolution in opposition to the legislation (2) obtain the chairman's signature on the
document and (3) send a copy to the county's legislative delegation.
VOTING: Ayes — 4; Nays — 0.
Senate Bill 508/House Bill 648 (Short Title: Exempt Builders' Inventory):
County Manager Mashburn said SB 508 or HB 648 would not treat properties that had
been purchased for development and subdivided for that purpose as real estate, for ad
valorem tax purposes, and the properties would be exempt under inventory taxes.
Mashburn said that if the legislation were successful, a significant revenue source for
North Carolina's counties would be eliminated. He said the Tax Administrator had
estimated an Iredell County loss of approximately $1.38 million in one year, and the
exemption could last up to five years. Mashburn suggested that a resolution be written
expressing the board's opposition.
Commissioner Johnson said the estimates did not include the vacant lots that
would come on line when the bill became effective. He said this could be millions of
dollars over a decade period of time. Mr. Johnson said the cities would also be
affected.
Commissioner Williams said both SB 508 and HB 1638 would have a negative
effect on the citizens of Iredell County. He said the proposed legislation came from
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special interest lobbyists who were working to help one segment of the community
while at the same time shifting the tax burden onto other property owners.
Commissioner Robertson said the impact of the legislation would be a one
percent reduction of services or a two percent increase in property taxes. He said a two -
percent increase would never be taken lightly by the commissioners, but the Raleigh
legislators might be steering towards that type of impact. Robertson said that as a
matter of fact, the proposed bill might be attached to the state budget, and if so, it would
not be voted upon as a separate piece of legislation.
OTION by Commissioner Johnson to direct the clerk to the board to (1) draft
a resolution in opposition to the legislation (2) obtain the chairman's signature on the
document (3) send a copy to the county's legislative delegation, and (4) request that
Tax Administrator Bill Doolittle share the estimated revenue losses with the county's
towns and cities.
VOTING: Ayes — 4; Nays — 0.
COUNTY MANAGER' REPORT: A written activity report was distributed.
Appointment of Susan Blumenstein as the Acting County Manager During
the Manager's Vacation: Mr. Mashburn requested board concurrence in the
appointment of Susan Blumenstein as the Acting County Manager from 12:01 a.m. on
July 26, 2005, to 12:01 a.m. on August 2, 2005.
OTIO by Commissioner Johnson to concur with the manager's
recommendation for Mrs. Blumenstein to be the Acting County Manager during the
time period specified by Mr. Mashburn.
VOTING: Ayes — 4; Nays — 0.
Update on the West Iredell Transfer Station: Solid Waste Director David
Lambert said sufficient bids had been received for the western sector transfer station,
and it was anticipated the facility would be open to the public by mid-to-late fall.
CLOSED SESSION: MOTION by Chairman Tice at 7:45 p.m., to enter into
closed session pursuant to Economic Development: G.S. 143-318.11 (a) (4) and
Attorney -Client: G.S. 143-318.11 (a) (3).
VOTING: Ayes — 4; Nays — 0.
(RETURN TO OPEN SESSION AT 9:10 P.M.)
CALL FOR A PUBLIC HEARING REGARDING AN INDUSTRIAL
INCENTIVE FOR PRATT INDUSTRIES D/B/A JET CORP: MOTION by
Chairman Tice to call for a public hearing on Tuesday, August 2, 2005, 7:00 p.m.,
regarding an economic development incentive for Pratt Industries d/b/a Jet Corp in the
amount of $382,800 over a period of five years based on a $22 million investment in
Iredell County.
VOTING: Ayes — 4; Nays — 0.
ADJOURNMENT: MOTION by Chairman Tice to adjourn the meeting at
9:11 p.m. (Next Meeting: Tuesday, August 2, 2005, at 5 and 7 p.m., in the Iredell
County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 4; Nays — 0.
Approved:
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Clerk to the Board