Loading...
HomeMy WebLinkAboutOctober_17_2006_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 17, 2006 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 17, 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 Johnson Marvin Norman Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Susan Blumenstein, Assistant County Manager Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE: Boy Scout Troop 603 affiliated with Bethlehem United Methodist Church, 607 Bethlehem Road, Statesville, NC, led the Pledge. Attending the meeting were scouts Chris Hatten, Josh Rumple, Matthew Jenkins, Scott Melton, Chace Lambert, Troop Leader Rick Davis, and Asst. Scoutmaster Kimmy Lambert. ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve the following agenda adjustments: Deletion: • Request for the Approval of an Updated Memorandum of Understanding Between the County, the NC Cooperative Extension Service, the NC State University, the NC Cooperative Extension Program & NC A&T State University • Request from NuCare Carolina for Approval of an Ambulance Service Franchise Addition: • Request for Approval of the 2006 Firemen's Relief Fund Trustees • Closed Session for Legal: G.S. 143-318.11(a)(3) VOTING: Ayes — 5; Nays — 0. APPOINTMENT BEFORE THE BOARD Request from the Candlelight Vigil Committee for Adoption of a Resolution Recognizing the Problem of Child Abuse: Chairman Tice read the following resolution: RESOLUTION RECOGNIZING THE PROBLEM OF CHILD AB USE WHEREAS, the abuse and neglect of children is a family and societal problem of local, state, and national significance; and WHEREAS, it is important to recognize that children are abused at the hands of their- parents and caregivers; and WHEREAS, 37 children are known to have died in North Carolina during 2005 due to abuse or neglect that was inflicted upon them by their parents or caregivers; and WHEREAS, it is important to remember the 37 innocent children who died in North Carolina during the year 2005. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners calls upon Iredell County communities to dedicate Thursday, October 19, 2006, as a day of remembrance for the unknown number of children who have suffered as a direct result of abuse and neglect and for the 37 innocent children known to have died due to abuse and neglect in North Carolina during the year of 2005. BE IT FURTHER RESOLVED, that the Iredell County Board of Commissioners encourages the public to attend a Candlelight Vigil to be held Thursday, October 19, 2006, 6:30 RM., at the Presbyterian Church of the Springs located at Highway 211115 and Moose Club Road, in Barium Springs, North Carolina to remember these young victims and to focus on the problem ofchild abuse. This the 17`h day of October, 2006. MOTION by Commissioner Johnson to approve the resolution as read by Chairman Tice. VOTING: Ayes — 5; Nays — 0. Attending the meeting to accept the resolution on behalf of the Candlelight Vigil Committee were Michelle Freeze and her daughter, Jaime. MOTIO by Commissioner Williams to approve the following 14 consent agenda items VOTING: Ayes — 5; Nays — 0. (All items were discussed during the five o'clock briefing session.) 1. Request from the Local Emergency Planning Committee (LEPC) for the Establishment of a Pandemic Preparedness Coordinating Committee: Joining the board to discuss this request were LEPC Chairman Larry Stroud, and committee members Mike Bennett, David Martin, and Donna Campbell. Stroud requested that an LEPC subcommittee be created with the following proposed membership. Iredell County Pandemic Preparedness Coordinating Committee 1) Iredell County Commissioner 2) A representative from each municipality's governing board 3) County Administration Representative 4) Iredell County Department of Health - Director and Emergency Planner 5) Iredell County Emergency Management Coordinator or his designee 6) Iredell County Emergency Medical Services Director or his designee 7) Iredell County Department of Social Services Director or his designee 8) A representative from the American Red Cross Local Chapter 9) A representative from a law enforcement agency 1.0) A representative from each healthcare provider group (hospital, Urgent cares, home health care, and pharmacies). 11) A representative from a nursing home, assisted living or other type facility 12) A representative from a public and private educational entity 13) A representative from each Chamber of Commerce in the county 14) A representative from a faith -based association or district 15) A representative from a business with 300 or more employees 16) A representative from a media outlet in the county. The commissioners agreed to announce the committee vacancies at the November 14 meeting and to make the appointments at the December 5 meeting. (See briefing minutes for additional information.) 2. Call for a Public Hearing on November 14, 2006 at 7:00 P.M., Regarding the FY 08 NCDOT Public Division/Community Transportation Application: Transportation Director Ben Garrison said a public hearing needed to be held in order to apply for administrative funds of $218,354 (local match of 15% from passenger fares) and capital funds of $351,394 (local 2 match of 10% from passenger fares). He added that a technology application might also be resubmitted in FY 08. 3. Request for Permission to Apply for the Supplemental Elderly and Disabled Transportation Assistance/Rural General Public Funding Grant from the NCDOT: Transportation Director Garrison said November 3, 2006 was the deadline to apply for Supplemental Rural Operating Assistance Program funds. He said the requested funds would assist as follows: Elderly & Disabled Transportation Assistance: $25,352 (no match required) for additional medical/personal trips Rural General Public: $52,031 (10% match from passenger fares) for additional employment trips 4. Request for Approval of the September 2006 Refunds and Releases with the Exception of Two Parcels (4625-85-2533 & 4625-86-5125.00) owned by The Point on Norman, LLC at $4,212.30 (ea. @ $2,106.15): Tax Administrator Bili Doolittle requested approval of the September refunds/releases with the exception of two refunds to The Point on Norman, LLC. Doolittle said the staff was trying to verify the actual owners of the properties (Carolina Water for well lots). He requested approval of the following tax releases/refunds with the exception of the $4,212.30 for The Point. SEPTEMBER 2006 TAX RELEASES & REFUNDS Releases Refunds County $28,552.86 $6,683.00 Solid Waste Fees 10,348.00 0 East Alexander Co. Fire # 1 145.47 0 Shepherd's Fire # 2 186.83 154.66 Mount Mourne Fire # 3 106.70 22.61 All County Fire # 4 3,850.83 587.82 Statesville City 3,673.21 159.60 Statesville Downtown .27 0 Mooresville Town 8,876.19 204.07 Mooresville Downtown 38.73 0 Mooresville School 1,510.76 56.08 Love Valley 22.50 0 Harmony 14.76 0 Troutman 149.32 0 Total $57,476.43 $7,867.84 A complete list, of the individual into the minutes by reference. tax releases and refunds, is hereby incorporated 5. Request for the Approval of a Settlement Agreement in Regards to Food Lion LLC's Tax Appeal to the North Carolina Property Tax Commission: Tax Administrator Bill Doolittle requested approval of a settlement agreement with the Food Lion Company due to a $94,000 tax discovery. He said acceptance of the $70,000 settlement was recommended because of the costs to continue the litigation/depositions. Doolittle said the staff made random tax reviews, but in this particular case, a property owner mentioned improvements not listed by the company. Mr. Doolittle said that within a ten-year period, the staff probably reviewed the tax listings for most all businesses in the county. The settlement agreement is as follows: This letter will confirm the terms of the settlement reached between Food Lion LLC ("Food Lion') and Iredell County concerning all outstanding tax issues for 1998 through 2006 with Iredell County, pursuant to our telephone conversations on September 28, 2006. The settlement is subject to the approval of the Iredell County Board of Commissioners. This settlement resolves (1) Food Lion's appeal from the 1998-2003 business personal property discovery assessment (North Carolina Property Tax Commission Case No. 04 PTC373), (2) all outstanding real and personal property tax issues for the 2004-2006 tax years, and (3) the classification of leasehold improvements as real property for tax years 1998 forward. 3 The settlement reached between Iredell County and Food Lion provides that A. Upon execution of this letter by all parties, Food Lion will pay to Iredell County seventy thousand dollars ($70,000) as full and final payment in settlement of all outstanding taxes, penalties and interest, and all outstanding final discoveries, proposed or tentative discoveries, final audits, proposed audits, and all other property tax issues of which Food Lion and Iredell County are presently aware, for the 1998-2006 time period, except for 2006 taxes, which are payable on or before January 5, 2007. B. Upon execution of this letter by all parties, Food Lion will withdraw with prejudice case number 04 PTC 373 pending before the North Carolina Property Tax Commission. C. Upon execution of this letter by all parties, Iredell County will not conduct any further audit of Food Lion for any tax years up to and including 2006 and Iredell County will not issue any tentative or final discovery assessment for any tax years up to and including, 2006. D. Upon execution of this letter by all parties, Iredell County and Food Lion agree that leasehold improvements at Food Lion stores in Iredell County shall be treated as real property and shall be listed, appraised and assessed as real property by Iredell County for tax years 1998 through 2006, and for tax years 2007 and beyond. Food Lion will continue to list machinery and equipment as personal property. Beginning with tax year 2007, all real property additions, including leasehold improvements, shall be listed by Food Lion or its landlords. E. It is the intent of the parties to resolve all tax issues and disputes through tax year 2006. It is further the agreement of the parties that leasehold improvements shall be treated as real property, not personal property, for tax years 2007 and beyond. 6. Request from the Welfare Planning Board/Social Services for Approval of the 2007- 2009 Work First Plan: Social Services Director Don Wall, Work First Supervisor Linda Bledsoe, and Income Maintenance Supervisor Lynn Deal attended the briefing to present the two-year Work First Plan. Bledsoe said there were two main changes, and one eliminated land ownership in emergency assistance requests due to the length of time needed to convert property into cash. She said the other change involved intensive Work First cases, and the department would follow the standard plan in these with the exception of property and vehicles. 7. Request from the Sheriff's Department for Approval of Budget Amendment #16 to Recognize Additional Funding from the Iredell-Statesville Schools for the Placement of a School Resource Officer at East Iredell Middle School: Chief Deputy Rick Dowdle said the Iredell-Statesville School System had received additional funding for a School Resource Officer and desired to place the individual at East Iredell Middle School. He said for eight months the costs would be $38,885 and a spare law enforcement vehicle would be used. (The position will be effective upon approval by the board.) 8. Request for Approval of Budget Amendment #17 in the Amount of $55,000 for the Transfer of Funds from Contingency for the Maintenance/Repairs to Property Leased by LifeSpan, Inc. (This is for a failing septic system & HVAC repairs to the former Vocational Workshop in Troutman, NC): Facility Services Director Jeff Frazier said the LifeSpan facility sewer had the following problems: drainfill has failed, tank is broken and backed up, poor soil/ground around the system, and not enough land to place a new drainfill. He said it appeared the only option was to use a pump station, and at present, the sewage was being pumped three times a week. Frazier said the Town of Troutman would eventually have a gravity sewer system in place that could serve the workshop. Deputy County Manager Blumenstein said the property was now under the county's control due to the dissolution of the Iredell Vocational Workshop, Inc. She said the former Chairman of the Workshop Board, Elbert Richardson, had indicated a $25,000 payment would be forthcoming to the county out of the remaining cash assets. Blumenstein said this could be applied towards the sewer and HVAC repairs. She said the remaining costs could be taken from contingency. The following is an itemized listing on how the $55,000 will be used. 4 LifeSpan charges/P-card and Purchase Orders charged to FS Date Vendor 8/24/2006 Ferguson Enterprises 9/20/2006 Ferguson Enterprises 9/28/2006 Ferguson Enterprises 9/28/2006 Parlier's 9/28/2006 Hughes Plumbing 9/28/2006 Eagle Rental 9/29/2006 Hughes Plumbing 9/29/2006 Hughes Plumbing 9/29/2006 Reavis Refrigeration 10/3/2006 Ferguson Enterprises 10/3/2006 Ferguson Enterprises 10/3/2006 12322 Lentz Septic Tank 10/3/2006 12323 Reavis Properties 10/3/2006 12324 Reavis Properties 10/9/2006 Ligon Electric 10/10/2006 Municipal Engineering 10/10/2006 Facility Service/Cost Amount $ 120.59 Parts $ 17.07 Parts P/C not yet posted $ 7.59 Parts P/C not yet posted $ 482.00 Labor to unstop drain Inv'd but not paid $ 20.14 Parts P/C - stmt not recd $ 236.55 Rental of excavator P/C - stmt not recd $ 4.27 Parts P/C - stmt not recd $ 101.67 Parts P/C - stmt not recd $ 804.30 Checked A/C $ 3.62 Parts PC - stmt not recd $ 3.55 Parts PC - stmt not recd $ 5,000.00 Pump septic tank Inv'd for $585 - not pd $ 7,000.00 ER -7-1/2 ton HVAC no inv recd yet $ 2,918.00 PM/Repair all HVAC units no inv recd yet $ 217.32 Bulbs P/C - stmt not recd $35,000.00 Install septic (ballpark figure) no inv recd yet $ 800.00 Wiring & lift no inv recd yet TOTAL $52,599.01 9. Request from the Health Department for Approval of Budget Amendment #18 for the Acceptance of a $1000 Charles Blackman Leadership Award: Health Director Donna Campbell said the $1,000 award would be used to inform the public about prostate cancer. 10. Request from the Health Department for Approval of Budget Amendment #19 for the Acceptance of $4,946 in Additional Temporary Assistance for Needy Families (TANF) Funding & Request from the Health Department for Approval to Accept $1,868 in Title X Funding: Health Director Campbell said the $4,946 and $1,868 would be used to purchase a variety of birth control products for the Family Planning Clinic (both requests on same budget amendment). 11. Request from the Health Department for Approval of a New Fee for a Rotavirus Vaccine: Health Director Campbell said a $64 charge needed to be added to the existing fee schedule for a gastrointestinal illness vaccine (Rotavirus — Rota Teel — CPT Code 90680 - $63.25/per dose). 12. Request for Approval of the Following Actions in Conjunction with the Pratt Industries Community Development Block Grant: a. Adoption of a Resolution Regarding an Application for CDBG Funding b. Approval of a Legally Binding Commitment between the County & Pratt Industries c. Authorization for the Chairman, County Manager, Deputy County Manager, & Clerk to the Board to Approve Documents as Necessary to Complete an Application Deputy County Manager Blumenstein said past board action (August 1, 2006) approved a Pratt Industries CDBG application for water, sewer and rail, but now, it had been discovered that the cost to construct the railroad would be higher. She said the Department of Commerce had agreed to increase the CDBG from $576,846 to $680,000 (maximum allowed for number of new jobs being created). Blumenstein said the increased CDBG funding would necessitate an increased match from Pratt, and this would change from $144,782 to $180,000. She said Pratt would pledge the $180,000 out the county's economic development incentive of $382,800 approved on August 2, 2005. (A copy of the resolution, a copy of the legally binding commitment agreement, and a copy of budgetary source information are included as follows.) RESOLUTION FOR IREDELL COUNTY'S APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE PRATT INDUSTRIES PUBLIC FACILITIES PROJECT WHEREAS, the Iredell County Board of Commissioners has previously indicated its desire to assist in economic development efforts within the County; and, 5 WHEREAS, the Board has held two public hearings concerning the proposed application for Community Development Block Grant funding to benefit Pratt Industries; and, WHEREAS, the Board wishes the County to pursue a formal application for Community Development Block Grant funding for $680,000 to benefit Pratt Industries; and will invest monies into the project as committed to in the application totaling $180,000 in local funds and $47,500 in a Economic Infrastructure Program grant, NOW, THEREFORE BE IT RESOLVED, by the Iredell County Board of Commissioners that Iredell County is authorized to submit a formal application to the North Carolina Department of Commerce for approval of a Community Development Block Grant for Economic Development to benefit Pratt Industries. LEGALLY BINDING COMMITMENT STATE OF NORTH CAROLINA Iredell County, North Carolina and Jet Corr, Inc. PUBLIC FACILITIES AGREEMENT THIS AGREEMENT (the "Agreement") is entered into as of the I st day of August 2006, by and between Jet Corr, Inc., doing business as Pratt Industries, a corporation authorized to transact business within the State of North Carolina (hereinafter referred to as the "Corporation") and Iredell County, North Carolina (hereinafter referred to as the "Applicant"). This Agreement will not become effective until all conditions placed upon the Applicant's funding approval are satisfied and funds are released by the Department of Commerce (hereinafter "DOC") pursuant to a Community Development Block Grant (hereinafter "CDBG") with the Applicant. WITNESSETH WHEREAS, the Applicant anticipates receiving a Community Development Block Grant from the Department of Commerce in the amount of $680,000.00 to be used primarily to benefit low to moderate -income persons by financing the economic development project to be undertaken by the Applicant and the Corporation (the "Project"). NOW, THEREFORE, in consideration of the promised and the mutual covenants and promises set forth herein, the Corporation and the Applicant hereby agree as follows: L AGREED ACTIONS A. The Corporation shall execute its responsibilities as identified in Corporation's narrative exhibits and the employment profiles contained in the Applicant's CDBG application to DOC. Those exhibits and commitments are incorporated herein by reference, as if set out in full. The Corporation agrees to build and operate the Project in a timely manner. Briefly, those documents describe the expansion of the Corporations operations with the construction of new 300,000 square foot facility (the "Facility") in the West Fanns Industrial site on NC Highway 90 in Iredell County, North Carolina (the "County"). On September 20, 2005, the Corporation confirmed that it currently had continuing operations in the County which employ 112 people and they commit to employ 68 additional people by July 31, 2008. DOC has allowed that the Corporation may begin the hiring process that will qualify toward the job commitment effective September 20, 2005. In addition, the Corporation commits to employ persons whose household income is within low to moderate -income limits in sixty percent (60%) of all jobs created at the Corporation's Facility until the grant is closed by DOC. The Corporation agrees that if it fails to create and maintain 68 jobs prior to July 31, 2008, it will reimburse DOC $10,000.00 for each job not created. The Corporation also agrees that if at the end of the grant agreement the number of prior low to moderate - income people employed at the Facility falls below fifty one percent (51%) of the total employment at the Facility, the entire grant amount will be due and payable to DOC by the Corporation. The Corporation's liability under this Agreement shall not exceed the dollar amount of the grant made by the Department of Commerce. If unforeseen calamity, an Act of God or financial disaster is the cause of action under this section of the Agreement, the Corporation and the Applicant may appeal to DOC for an extraordinary modification of this responsibility. Such modification shall be at the discretion of the Secretary of the Department of Commerce. The requirement that persons of low to moderate income must hold a minimum of fifty-one percent (51%) of all jobs created cannot be waived. B. Each party shall keep and maintain books, records, and other documents relating directly to the receipt and disbursement of grant funds and fulfillment of this Agreement. 6 C. Each party agrees that any duly authorized representative of the Applicant, DOC, the United States Department of Housing and Urban Development, and the Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all of the books, records, and other documents relating to the grant and the fulfillment of the Agreement for a period of three (3) years following the completion of all close-out procedures respecting the CDBG funds, and the final settlement and conclusion of all issues arising out of the CDBG funds. D. Not withstanding anything herein to the contrary, the parties hereto acknowledge the due execution of the CDBG Grant Agreement between the Applicant and DOC and agree that any conflict between the provisions, requirements, duties, or obligations of this Agreement and the CDBG Grant Agreement shall be resolved in favor of the CDBG Grant Agreement. IL ENFORCEMENT A. If at the end of the approved project period the Corporation has failed to create the full number of job positions and low to moderate -income job positions presented in Agreed Actions Section I of this Agreement, or to incur the full level of private investment committed to in its grant application, as provided above, then the Corporation will pay to the Applicant an amount calculated in the manner set out in Section I -A of this Agreement. B. This Agreement constitutes a legally enforceable contract and shall be governed and construed in accordance with the laws of the State of North Carolina. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under Seal as of the date first above written. Pratt Industries Public Facilities Project Sources of Funds 14. Request for Approval of the 2006 Firemen's Relief Fund Trustees: Deputy County Manager Blumenstein said G.S. 58-84-30 required the submittal of firemen's fund trustees each year, and the deadline to submit the forms to the Department of Insurance was October 31. She said the individual fire departments had completed the forms and recommended the following trustees as the individuals to be appointed by the board of commissioners. V FD #3 10/17/06 B&F/Troutman Ori New Application Community Development Block Grant 576,846 680,000 NC Dept. of Transportation Rail Access Grant 124,000 124,000 Rural Development Center Economic Infrastructure Program 47,500 47,500 Iredell County Economic Incentive 144,782 180,000 Lakc Norman $893,128 $1,031,500 Uses of Funds: Wayne Mayberry Mary Summers Waterline construction (including engineering) 58,000 47,200 Sewer service construction (including engineering) 30,000 40,800 Rail Construction (including engineering) 764,128 902,500 Planning & Environmental Assessment 11,500 11,500 Administration 29 500 29 500 Wayside 893128 $1.031500 13. Request for Approval of the October 3, 2006 Minutes John V. Byers 14. Request for Approval of the 2006 Firemen's Relief Fund Trustees: Deputy County Manager Blumenstein said G.S. 58-84-30 required the submittal of firemen's fund trustees each year, and the deadline to submit the forms to the Department of Insurance was October 31. She said the individual fire departments had completed the forms and recommended the following trustees as the individuals to be appointed by the board of commissioners. V FD #3 #4 B&F/Troutman Joe Clodfelter Wesley W. Edmiston Central Russell Ray Jim Reavis Cool Springs Kenneth C. Secrest Wade T. Campbell Ebenezer Wayne Smith Harry Frye Harmony Matt Baldwin Timothy Frye Lakc Norman Howard Neel Lamont Thompson Monticello Wayne Mayberry Mary Summers Mt. Mourne Gary Craven Chris Goodrum Shepherds Ryan Stuffs Tim Conley South Iredell Brian Weatherman Jerry Starr Trinity Julia Forehand Kent Moore Union Grove Ailey P. Brown Arthur Grant Wayside Anthony Armstrong Dick Oldfield West Iredell David T. Bennett John V. Byers 7 END OF CONSENT ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community AdvisorX Committee 3 appointments): No nominations were submitted, and Chairman Tice made a motion to postpone the appointments until the November 14 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (1 appointment): Commissioner Norman nominated Ann Simmons. OTION by Chairman Tice to close the nominations and appoint Simmons by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appointment): A nomination and motion were submitted for the appointment of Linda Piraino; however, Mrs. Piraino was actually appointed on September 5. A vacancy still remains on this committee, and this will be a business item on the November 14 agenda. Juvenile Crime Prevention Council (I appointment): Commissioner Norman nominated Maxine Hargus. MOTION by Chairman Tice to close the nominations and appoint Hargus by acclamation. VOTING: Ayes — 5; Nays — 0. PUBLIC COMMENT PERIOD: A comment period was offered, but no one desired to speak. COUNTY MANAGER'S REPORT: County Manager Mashburn said the initial test for the CONNECT CTY mass notification project was successful. He said the Internet -based system was still missing a few phone numbers, but overall, things were going well, especially the cooperation between the municipalities. Assistant County Manager Jackson then demonstrated the system. CLOSED SESSION: At 7:45 p.m., Chairman Tice made a Etion to enter into closed session for the purpose of discussing a legal matter pursuant to G.S. 143-318.11(a) (3). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 7:59 P.M.) ADJOURNMENT: MOTION by Chairman Tice at 7:59 p.m., to adjourn the meeting to Tuesday, November 14, 2006 at 5 and 7 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approval: 8 Clerk to the Board