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HomeMy WebLinkAboutFebruary 21 2006 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES FEBRUARY 21, 2006 The Iredell County Board of Commissioners met in Regular Session on Tuesday, February 21, 2006, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Sara Haire Tice Vice Chairman Godfrey Williams Steve D. Johnson Marvin Norman Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Susan Blumenstein, Planning & Code Enforcement Director Lynn Niblock, Planning Supervisor Steve Warren, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE: Boy Scout Chuckie Naas, with Troop 332, led the Pledge, and he was assisted by the following scouts: Tyler Conley ]an Wood Aaron Overcash Nick Bray Kendall Shook Devon Conley Evan Spangler Trey Coates & Weston Werner Vanderburg United Methodist Church, in Mooresville, sponsors troop 332, and the scout leaders who accompanied the boys were Tom Carriker and Seth Overcash. Also assisting with the pledge were the following scouts from Troop 171. Frank D'Auria Anthony D'Auria Nick D'Auria & Tommy Bruce Williamson Chapel Church, in Mooresville, sponsors Troop 171, and the troop leader who accompanied the boys was Debbie D'Auria. ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the agenda by adding a closed session pursuant to Economic Development/G.S. 143- 318.11 (a) (4). VOTING: Ayes — 5; Nays — 0. 2005 Annual Report from the Adult Care Home and Nursing Home Advisory Committees: Grady Hall, the Chairman of the Nursing Home Advisory Committee, praised the other committee members for their active participation. He said the county had seven nursing homes, and they were visited at least four times a year. Other members of the committee attending the meeting were Ruth Waters, Barbara Rumple, and Barbara Sprinkle. No one was present to speak on behalf of the Adult Care Home Committee; however, a written report was submitted. David Swann, Area Director/CEO of Crossroads Behavioral Healthcare Presents the Mid -Year Report: Mr. Swann's presentation to the board members was provided in a manual. He said the manual could be used as a reference tool when the commissioners had questions about Crossroads, and additional material would be supplied at the next six-month update. Swann said the local managing entity would receive $5,270,527 during 2005-06, and complete divestiture of all services to private providers occurred on March 1, 2005. Mr. Swann said the state had encouraged regionalization of the 31 local management entities with a targeted goal of only 10 statewide for utilization review, screening, triage and referral. He said Crossroads had complied, and the Department of Health and Human Services recently approved a regional partnership with Crossroads being designated as the lead agency. Swann said the eight -county partnership would consist of the following entities: ■ Catawba County Mental Health (Catawba County) ■ Crossroads Behavioral Health (Iredell, Surry and Yadkin Counties) ■ Foothills Mental Health, Developmental Disabilities & Substance Abuse Programs (Alexander, Burke, Caldwell., and McDowell Counties) Mr. Swann said two weeks ago, the Crisis Recovery Center was approved as an involuntary commitment facility, and as such, it would become a locked facility allowed to hold "respondents" up to 14 days under involuntary petitions. Swann said hospitalizations to mental health hospitals, such as Broughton, were decreasing. Commissioner Robertson asked about the term "authorization." Swann said that when a person had a need, they "presented" to a provider, and the provider contacted the local managing entity and gave a diagnosis and treatment plan. He said the local managing entity looked at a medical necessity set of criteria -- similar to an insurance company, and a match up for client services was either approved or declined. Swann said it was a "managed care practice." Robertson asked if the term was saying the number of patients. Swann said yes, but another way to look at the term was that it "better administered the dollars" -- the client wasn't getting any more or less services than needed. Robertson asked about the new definitions and who would pay any increased costs. Swann said this would be a "shared cost." He said almost every service provided today would be "modified" after March 20, 2006, with new rates, and almost all of them would be higher. Swann said this was largely due to the service being more intensive (considered as a "science based practice"). He said the federal government, state, and counties would be partners in the financing of the "best practices." Swann said the federal government would be given more money on the Medicaid side. He said the fee rate for the Crisis Center was currently low, but beginning March 20th, an hourly basis rate would begin and this would help (increase of about $150 over a 24- hour period). Commissioner Williams said at the five o'clock meeting a discussion had occurred with the Chief Deputy about the extensive amount of time the deputies were having to devote in transporting the involuntary commitment patients. Mr. Williams asked Mr. Swann to comment on what had been accomplished to remedy the situation. 2 Swann said it had taken longer to obtain the national accreditation for the Crisis Center. He said the transportation problem (involuntary petitions) had impacted all three counties, and there had been an increase in petitions. Commissioner Johnson asked when the problem would get better. He said the situation was so severe that a few weeks ago, the county had to appropriate additional funds for the sheriff's department to add two new deputy positions for the transports. Swann said (1) there had been more involuntary commitments in the past few months, (2) more of the people being involuntarily committed had other chronic medical problems associated with their psychiatric disorder and (3) the receiving hospitals were closing down fast. (In the central area of North Carolina, over the past six years, 240 beds have been lost.) Swann said that when a patient had serious medical complications, the first order of business was getting them stabilized. He said these patients had to go to a hospital and law enforcement had to stay with them. Then, when stabilized, the patients had to be transported to a secondary hospital, and sometimes this required an ambulance transport. Swann said the hospitals often denied admittance. He said recently a 74 -year-old resident of an adult care home with chronic obstructive pulmonary disease (oxygen dependent), along with having a major psychiatric disorder that made him dangerous and violent, needed care, but no facility was willing to accept him. He said the individual eventually wound up being transported by an ambulance. Commissioner Williams asked if the Crisis Center had never been built, if the patients would be going to Broughton Hospital. Swann said perhaps, or they could be staying in emergency rooms until there was a "receiving hospital." He said in both examples, law enforcement personnel would be used for the transport. Commissioner Robertson said that in listening to Mr. Swann, it sounded like instead of saying when the situation might improve, the board members were being told why the situation wouldn't improve. He asked if there were other options available to reduce the waiting time for the law enforcement officers. Swann said "system redesign" could occur. Robertson asked how far out in time was the redesign. Swann said, "It is mostly out of our control." He said, "When the psychiatrically ill are assessed early on, we can intervene before they get to that need." Robertson asked if the problem was primarily with the patients having both physical and mental problems. Swann said for the most part. He said the patient's age and gender were also factors. Swann said adolescent patients, without physical problems, but with psychiatric or substance abuse problems, would almost guarantee a 15 -hour process. He said the time involved with a client was tracked from start to finish. Swann said a geriatric patient with medical complications and psychiatric problems would take 12 hours, and the law enforcement personnel were experienced enough to predict on their own how much time would be needed. Commissioner Williams said there had been a discussion about the three - counties providing the security. He said this method would allow the deputy to transport the patient and then relinquish custody to the security person. Williams said he understood; however, that one county was resistant to the concept. 3 Swann said it was his understanding that the three counties were having a problem cooperating -- as in a formal agreement. He said someone would have to decide how much money each law enforcement agency would provide for the security officers. Swann said the cost had been estimated to be $200,000 and the method would take seven deputized officers (detention rank). Commissioner Norman asked if the costs could be recovered from the Crossroads budget. Swann said the county could direct dollars for specific purposes, but Crossroads would have to cut the money from somewhere. Williams asked if the costs could be recovered from Medicaid. Swann said no -- it wasn't a reimbursable service. Swann said he had evidence that the problem was getting better. He said the provider tracked each patient and the law enforcement officer's time had been decreasing. He said on a graphical fashion, the number of transports had been decreasing out of county. Mr. Swann said one graph depicted the state hospital admissions over a four-year period. Commissioner Robertson asked that Mr. Swann e-mail the graphs to the county manager for distribution to the board members. Commissioner Johnson asked for improvement in the transportation situation. He requested that the next time Mr. Swann appeared before the board, that a plan with a timeframe be shared as to when the situation would be better. Swann said the plan would be given. Chairman Tice thanked Mr. Swann for his presentation and said the mid -year report would be received for informational purposes. PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for Carolina Nonwovens: Terry Orell, the interim director for the Greater Statesville Development Corporation, requested a $174,000 incentive, over a five-year period, for the Carolina Nonwovens Company. Orell said he had met with the company's officials over the past three months, and he was satisfied with their business intentions. He said the company planned to utilize the former Rene Composites Building off Salisbury Highway in Statesville and invest $10 million in the county. Orell said the company had 10 employees, and the Statesville operation would serve as a manufacturing facility of nonwoven materials for the automotive, furniture, and home furnishing industry as well as the corporate headquarters. He said the company's wages were over 120% of the county's average wage. No one desired to speak, and Chairman Tice adjourned the hearing. OTION by Commissioner Johnson to approve a $174,000 economic development incentive (over a five-year period) for the Carolina Nonwovens Company based on a $10 million investment. VOTING: Ayes — 5; Nays — 0. Chairman Tice declared the meeting to be in a public hearing. 4 Consideration of a Resolution Making Certain Findings Relating to the Financing of Certain School Facilities Pursuant to an Installment Financing Agreement and Authorizing the Director of Finance and Administrative Services to File Application For Approval Thereof by the Local Government Commission: Chairman Tice announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the proposed financing, pursuant to an installment financing agreement, to be dated as of May 1, 2006 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement"), between the County of Iredell, North Carolina (the "County") and Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation"), of (i) the expansion of North Iredell High School, including the construction and equipping of additional classrooms and a new gymnasium and locker room, (ii) the expansion of West Iredell High School, including the construction and equipping of additional classrooms, a new science wing, an auditorium, a new gymnasium and locker rooms, and expanded cafeteria and kitchen facilities, (iii) the expansion of Statesville High School, including the construction and equipping of a Freshman Academy, an auxiliary gymnasium, a ROTC room, a science wing and additional performing arts and general classrooms and the acquisition of land to expand practice fields and parking lots, (iv) the expansion of Sharon Elementary School, including the construction and equipping of additional classrooms and resource rooms, a new cafeteria/kitchen, a new administration area and a new media center and the acquisition of land for the expansion of the sewer septic system, and (v) the construction and equipping of a new Mooresville Intermediate School (collectively, the "Project"), and that the Board of Commissioners would hear anyone who may wish 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 Project, including the estimated cost thereof ($47,000,000), and the installment payments to be made by the County under the Installment Financing Agreement for such purposes. Thereupon the Chairman 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 FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT 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 (the "County"): Section 1. The Board of Commissioners does hereby find, determine and declare as follows: (a) The County proposes to finance (i) the expansion of North Iredell High School, including the construction and equipping of additional classrooms and a new gymnasium and locker room, (ii) the expansion of West Iredell High School, including the construction and equipping of additional classrooms, a new science wing, an auditorium, a new gymnasium and locker rooms, and expanded cafeteria and kitchen facilities, (iii) the expansion of Statesville High School, including the construction and equipping of a Freshman Academy, an auxiliary gymnasium, a ROTC room, a science wing and additional performing arts and general classrooms and the acquisition of land to expand practice fields and parking lots, (iv) the expansion of Sharon Elementary School, including the construction and equipping of additional classrooms and resource rooms, a new cafeteria/kitchen, a new administration area and a new media center and the acquisition of land for the expansion of the sewer septic system, and (v) the construction and equipping of a new Mooresville Intermediate School (collectively, the "Project"), pursuant to an installment financing agreement, to be dated as of May 1, 2006 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement'), between the County and Iredell County Public 5 Facilities Corporation (the "Corporation") and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal and interest with respect to the Certificates of Participation (Iredell County School Projects), Series 2006 (the "2006 Certificates") to be executed and delivered by the Corporation to finance the Project, it being the express intention of the Board of Commissioners that only the principal amount of 2006 Certificates necessary to accomplish the purposes stated in the Installment Financing Agreement will be executed and delivered (estimated not to exceed $47,000,000). (b) The Project is necessary in order to provide public school facilities essential to the public health, safety and welfare of the citizens of the County. (c) Based on advice from the County's investment bankers as to current tax- exempt interest rates, the sums to fall due under the Installment Financing Agreement are not excessive for its stated purposes; moreover, the estimated cost of the Project is not excessive. (d) Counsel to the County has rendered an opinion that the proposed undertakings are authorized by law and are purposes 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's current fund balance is, in light of other requirements and prudent fiscal management, insufficient to fund the entire cost of the Project, 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 purposes of financing the Project, and voting general obligation bonds for this purpose will result in unacceptable delay and additional cost to the County. (f) The estimated cost of financing the Project pursuant to the Installment Financing Agreement compares reasonably and favorably with an estimate of similar cost for general obligation bond financing therefor. The primary difference in cost results from higher issuance costs, but this amount is insignificant when compared to the total cost of financing the Project. (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 for all of its stated purposes. (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. 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 of the County is directed to complete all applications and execute all documents required in connection with obtaining such approval. Section 3. The LGC is hereby requested to approve the selection of the following professionals who comprise the financing team, and such other professionals as may be required or useful and acceptable to the LGC, to assist the County in connection with such financing: Special Counsel Sidley Austin Brown & Wood LLP Underwriters Wachovia Bank, National Association (Senior Manager) and Banc of America Securities LLC Underwriters' Counsel Womble Carlyle Sandridge & Rice, PLLC Trustee Deutsche Bank National Trust Company Corporation Counsel Wyrick Robbins Yates & Parton Section 4. All actions heretofore taken by the County Manager and the Director of Finance and Administrative Services in connection with the Installment Financing Agreement and the 2006 Certificates, including filing the application with the LGC, 6 retaining Special Counsel and selecting investment banking firms and a trustee, are hereby ratified and confirmed. Section 5. This resolution shall take effect immediately upon its passage. Upon knotion of Commissioner Robertson, the foregoing resolution entitled "RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT 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: Commissioners Sara Haire Tice, Godfrey Williams, Steve Johnson, Marvin Norman and Ken Robertson. Noes: 0 Chairman Tice declared the meeting to be in a public hearing and requested all persons desiring to speak pertaining to Case No. 0510-3, and the conditional uses, to proceed to the dais for the oaths. Case No. 0510-3; Rezoning Request for Kent Development Company Property, Applicant Lanie Craven (NC Support Services) from Residential Agricultural to Community Business Conditional Use District: Planning Supervisor Steve Warren reviewed the staff report for this case, and a copy is as follows: CASE NO. 0510-3 OWNER: Kent Development Company APPLICANT: Lanie Craven (NC Support Services) 909 S. Main Street, Suite 102 909 S. Main Street, Suite 103 Salisbury, NC 28144 Salisbury, NC 28144 (704)637-2255 (704)637-0930 LOCATION: 2290 Salisbury Highway (former Wayside School), in Statesville, NC, more specifically identified as PIN# 4763-04-7670. REQUESTED ACTION AND CONDITIONS: Rezone subject property from RA, Residential Agricultural Zoning District to CB -CUD, Community Business Conditional -Use Zoning District with the following conditions: • Permitted recreational uses will be limited to "associations or organizations; social & fraternal', "public recreational facility," and "auditorium, assembly hall" only; no indoor theaters will be permitted. • Permitted commercial uses with the exception of personal service and retail operations. • Permitted educational and institutional uses, excluding the following: ambulance services, cemeteries, churches, synagogues, and other associated activities; hospitals, libraries, and post offices. • Access onto Old Warren Drive will be restricted to emergency and service vehicles only, with associated signage to this effect posted onsite. • Public access to this property will be limited to the east side of the parcel onto Salisbury Highway. • Fencing will be installed as a buffering device between Old Warren Drive and both entrances to the gymnasium parking area. PROPOSED USE: Administrative offices & facilities for NC Support Services, a for- profit company specializing in the needs of disabled individuals. SIZE: 9.277 acres. EXISTING LAND USE: Former school building, currently unoccupied. SURROUNDING LAND USE: Residential and Industrial. 7 WATERSHED REGULATIONS: The property is not located within a Watershed. TRAFFIC: NCDOT is in process of making improvements to this stretch of Highway 70. This involves widening the roadway to 5 lanes from the City of Statesville's eastern boundary to Bethesda Road; according to the local DOT office, the right-of-way through the school area will remain the same except for a small portion of the northeast corner of the property. The widening project is scheduled for completion in July 2007. ZONING HISTORY: The property has been zoned RA since county -wide zoning took effect in 1990. STAFF COMMENTS: The owner -applicant is seeking rezoning of the former Wayside School property from RA to CB -CUD. The Highway 70 East Corridor Land -Use Plan proposed maintaining this property in a Public & Institutional capacity. The Plan further states that "The former Wayside School building may be sold for a use not permitted in the RA district. It is important that if rezoning is required for the future use of this site that the rezoning be in the conditional use format in order to ensure compatibility with the surrounding residential area." The district and restrictions proposed are in keeping with the principles of the Highway 70 East Land -Use Plan. Such conditions help the property blend with the residential character of the area located on the southern side of Highway 70. Therefore, staff recommends in favor of the request. Statement of Land -Use Plan Consistency: Approval of this request is consistent with the Land -Use Plan's instructions that "The former Wayside School building may be sold for a use not permitted in that RA district. It is important that if rezoning is required for the future use of this site that the rezoning be in the conditional use format in order to ensure compatibility with the surrounding residential area." The applicants have worked in good faith to address the neighbors' concerns regarding the development of the property by agreeing to certain conditions on the rezoning and, hence, this request is deemed reasonable and in the public interest. PLANNING BOARD and COMMISSIONERS' ACTION: On October 5, 2005 the Planning Board voted to recommend approval by a vote of 8-1. On November 1, 2005 the Board of Commissioners tabled the request due to the lack of specific site - development plans at that time. The applicant was directed to come back with a more specific plan that would hopefully address concerns raised by neighbors about traffic and access. As a result, the applicant has revised its plans through consultation and discussion with neighbors. Conditions have therefore been added to their request as stated on this report above. Ed Crew said his property adjoined the former school property. He asked for further description on the term "public recreational facility," as well as the public access into the property. Warren said the driveways were to be gated, or have an enclosed public access. He said the access would come from the driveway off Salisbury Highway on the eastern side of the property, subject to Department of Transportation approval. Warren said there should be no public access, whatsoever, coming from Old Warren Lane, as was stipulated in the conditions. Crew asked about the public usage of the auditorium. He asked if bands would be allowed to use the facility. Warren said incidental recreationall uses would be allowed; however, the gym would not be open to the public for public recreational league use. He said it would be used in conjunction with primary use and care of the North Carolina Support Services' clients. Mr. Warren asked the applicant to further describe the usage. Lame Craven, with North Carolina Support Services, said on November 1, a youth basketball team had asked to use the gym. He said there were no intentions to open a health club or gym. 8 Mr. Crew said he had no problems with the "clients" using the facility, but he questioned whether or not "public" even needed to be in the condition. He said "public" gave the impression that the general public could have a band or concert in the facility. He asked for more refinement on the term. Attorney Pope said the commissioners had the right to further refine the term if the neighbors felt "public" was too broad or nebulous. Commissioner Johnson asked about using the term "private" instead of "public" recreational facility. He said this wouldn't appear to infringe upon the applicant's intent for the property. Mr. Crew said he would be satisfied with the term "private." Mr. Craven said "public recreational use" was the county's terminology, and he had no objections changing the word. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Robertson to approve the Statement of Land Use Plan Consistency (as follows) in conjunction with Case 0510-3/Kent Development Company/Lanie Craven (NC Support Services): Approval of this request it consistent with the Land -Use Plan's instructions that "The former Wayside School building may be sold for a use not permitted in that RA district. It is important that if rezoning is required for the fzdure use of this site that the rezoning be in the conditional use format in order to ensure compatibility with the surrounding residential. And after determining the findings of fact to be in order, to rezone the property from Residential Agricultural to Community Business, Conditional Use District, with the conditions as cited, with the exception of changing the term "public recreational facility" to "private recreational facility." VOTING: Ayes — 5; Nays — 0. -----------------------------------------------CONSENT AGENDA ------------------------------- OTION by Commissioner Norman to approve the following eleven consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Juvenile Crime Prevention Council (JCPC) for Permission to Apply for a $160,000 Grant to Prevent Gang Violence: JCPC Administrative Assistant Donna Young requested permission at the briefing session to apply for a grant that would aid in steering the county's youth away from gang membership. Young said a $40,000 local/in kind match would be needed; however, no funding was requested from the county. (Usage of the funding will be used for (1) county -wide law enforcement and community training (2) graffiti removal program (3) programs created to educate youth/parents on methods to resist gangs and violence (4) programs created to educate youth on how to stay safe and "off the streets" (4) overtime for problem -oriented policing and (5) equipment for identification/networking. 2. Request from the Emergency Communications Department for Approval of an Interoperability Site Lease Agreement with the City of Charlotte: Communications Director David Martin said at the briefing session that it was important to have a radio microwave link between the Water Street Communications tower and the eleven counties encompassed in the radio interoperability consortium. He said a ten-year lease (03/15/06-03/15/16) needed to be adopted to facilitate the arrangement between the eleven communication centers in/around Mecklenburg County. (The $6,000,000 funding for this project came from a Community Oriented Policing Services [COPS] grant, plus the City of Charlotte committed $2,000,000.) 9 3. Request for Approval of an Addendum to the U.S. Scrap Tire Recycling & Disposal Contract: Solid Waste Director David Lambert requested approval of an addendum to the U.S. Scrap Tire contract by increasing the fuel surcharge of $10 (per trip) for the "small box truck" driven by an employee of the company when picking up tires. Lambert said the charge was reasonable, and he recommended approval. (As was indicated in the addendum, the surcharge for the tractor -trailers was not altered.) 4. Request for Approval of the January Refunds and Releases: During the agenda briefing, Tax Administrator Bill Doolittle requested approval of the following releases and refunds for the month of January. JANUARY 2006 TAX RELEASES & REFUNDS Releases Refunds County 16,962.51 675.45 Solid Waste Fees 143.00 26.00 East Alexander Co. Fire #1 6.21 0 Fire # 2 396.94 3.89 -Shepherd's Mount Mourne Fire # 3 35.06 0 All County Fire # 4 713.71 220.12 Statesville City 2,248.12 15.96 Statesville Downtown 0 0 Mooresville Town 4,773.12 275.31 Mooresville Downtown 0 94.91 Mooresville School 1,404.97 77.90 Love Valley 0 0 Harmony 119.58 0 Troutman 110.55 0 Total 26,913.77 1,389.54 A complete list, of the individual tax releases and refunds, into the minutes by reference. is hereby incorporated 5. Request for Approval to Transfer $36,000 in Lapsed Salaries to Contracted Services in the Reappraisal Budget: During the agenda briefing, Tax Administrator Bill Doolittle requested permission to transfer $16,000 in lapsed salaries to contracted services in an effort to catch up appraisal clerical work that was associated with year 2006 new construction, along with work needed on the 2007 reappraisal. In addition, Doolittle requested permission to transfer $20,000 in lapsed salaries to contracted services. He recommended that a contract with Ron McCarthy, R.S. & M. Appraisal Services, Inc., be executed for the purpose of assisting with commercial/industrial reappraisal and the schedule of values development work. 6. Request from the Department of Social Services for Permission to Close the Offices on March 23, 24, 27 and 28 for the Relocation or Move to the New Building Located at 549 Eastside Drive, Statesville: Social Services Director Don Wall said it would be necessary to close all social services offices four days in March for the move to the new building. 7. Request from the Sheriffs Department for Approval of Budget Amendment 29 to Transfer Funds for the following projects: modular unit for crime lab at $120,000; electric locks at $9,400; disaster relief supplies at $40,000; overtime request at $100,000; and construction for a Civil Air Patrol hangar at $100,000 along with the Adoption of a Resolution Declaring the Service Weapons of Retirees Bob Fromme and Mike Phillips Surplus and Approval to Award them their Service Badges: Chief Deputy Rick Dowdle explained the need for the following requests during the briefing session. $120,000 from Federal Equity Sharing to purchase a modular unit to house fingerprint and other crime lab equipment. This will be a 25 x 70 custom-designed unit. 10 $9,400 from Commissary Sales to purchase electric locks. (Detention officers will no longer have to carry keys.) $40,000 from Federal Equity Sharing for disaster relief supplies. Some officers have volunteered to work when natural and manmade disasters occur. Supplies consisting of flashlights, rubber boots, jumpsuits, etc., will be distributed to citizens experiencing distress from fire, chemical, storm damage, etc. $100,000 from Federal Equity Sharing to pay out overtime accumulated from extensive work on certain cases and mandated training. $100,000 from Seized Funds and the Controlled Substance Tax for the construction of a hanger at the Statesville Airport for the Civil Air Patrol. (Sheriffs Dept. will be allowed to use the hangar, if needed.) This expenditure is contingent upon the City of Statesville approving the hangar. If not approved, the sheriffs department will return to the board to request another usage for the funds. Additionally, Chief Deputy Dowdle requested that the service weapons used by Mike Phillips (Serial #BZY713) and Bob Fromme (Serial #GMT779) be declared surplus in order for the two retirees to purchase the guns along with retaining their law enforcement badges. 8. Request from the Sheriff's Department for the Awarding of a Touch Screen Door Control System Bid to Stanley Security: Chief Deputy Rick Dowdle said at the five o'clock meeting that the jail cell door panel control system needed to be replaced, and the lowest bid received was $99,850 which was over the budgeted amount of $95,000. Dowdle said $4,850 in funds had been identified to accomplish the project, and he requested for the bid to be awarded to the low bidder. (A complete list of the bids is as follows.) JAIL TOUCH SCREEN DOOR CONTROL SYSTEM BIDS Company Bid Gra co Detention Equipment $124,600 Southern Folger/Steel 168,700 Stanley Security 99,850 9. Request for Approval of Budget Amendment #{28 to Recognize Additional Grant Funding for the Criminal Justice Partnership Program (CJPP): Deputy County Manager Blumenstein said a $12,300 pass-through grant had been approved for the CJPP, and the funds would be distributed to Appropriate Punishment Options, the program administrator. (She said the funds would be used for group facilitation and equipment. 10. Request for Approval of a Contract to Audit Accounts for the June 30, 2006 Fiscal Year as Proposed by Martin Starnes & Associates, CPAs, P.A.: During the briefing session, Deputy County Manager Blumenstein requested approval of an audit contract with Martin Starnes, and she said 2005-06 would be the second year of a three- year proposal. She said an annual audit was required by law, and the cost would be $41,200. 11. Request for Approval of the February 7, 2006 Minutes END OF CONSENT AGENDA ------------------------------------ ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Juvenile Crime Prevention Council (1 announcement) Adult Care Home Community Advisory Committee (I announcement) Animal Grievance Committee (1 announcement) Historic Properties Commission (4 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (1 appointment): Commissioner Robertson nominated Laura Williard as the designee for the health director. OTION by Chairman Tice to close the nominations and appoint Williard by acclamation. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (3 appointments): MOTIO by Commissioner Norman to postpone these appointments until the March 14 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (3 appointments): MOTION by Vice Chairman Williams to postpone these appointments until the March 14 meeting. VOTING: Ayes — 5; Nays — 0. Statesville Planning Board (ETJ) (1 appointment): MOTION by Commissioner Johnson to postpone this appointment until the March 14 meeting. VOTING: Ayes — 5; Nays — 0. Community Alternatives Program for Disabled Adults (1 appointment): Commissioner Norman nominated Jackie Negley. Chairman Tice made aotio to close the nominations and appoint Negley by acclamation. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS Commissioner Robertson mentioned the Duke Power Relicensing agreement in principal. He asked the planning supervisor when the commissioners would review the plan. Planning Supervisor Warren said the document was over 300 pages. He said April 17 was the deadline to sign the draft agreement. Mr. Robertson requested for the staff to review the material, especially the sections dealing with the costs to the water users -- voluntary/involuntary fund. Warren said he would outline the document and get a report to the commissioners. Commissioner Robertson and Attorney Pope asked Warren to send them the entire document. Robertson said there was a segment in the document that dealt with Duke Power charging people/agencies for taking water out of the lake, and these same people/agencies could voluntarily pay the fee or be taken to court for nonpayment. He said past precedent established that the utility company would win. Mr. Robertson said he wanted to know who received the fees. He also said he wanted to know if the rules could be changed. Mr. Mashburn said the board could review the document on April 4 but the information could be supplied to everyone earlier. 12 PUBLIC COMMENT PERIOD: A comment period was offered, but no one desired to speak. COUNTY MANAGER'S REPORT County Manager Mashburn distributed an updated Winter Planning Session agenda. Voting Equipment: Mr. Mashburn said the new voting equipment had been ordered, and the training would occur in mid-March. He said the Elections Supervisor would provide additional information at the winter planning session. CLOSED SESSION: Pursuant to G.S. 143-318.I1(a) (4) — Economic Development, Chairman Tice at 8:45 P.M., made a motion to enter into closed session. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9 P.M.) CALL FOR A PUBLIC HEARING ON MARCH 14,2006: MOTION by Commissioner Robertson to call for a public hearing on March 14, 2006, at 7:00 P.M., regarding a $43,500 (over a five-year period) economic development incentive for the Fischbein Company based on a $2.5 million investment. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: There being no further business, Chairman Tice made a imli6at 9:03 P.M. to continue the meeting to the Winter Planning Session beginning on Friday, February 24, 2006, 8:00 A.M., at the Iredell County Library, located on North Tradd Street, in Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approval: 13 Clerk to the Board