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HomeMy WebLinkAboutSeptember_19_2006_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 19 2006 The Iredeil County Board of Commissioners met in Regular Session on Tuesday, September 19, 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 ADJUSTMENTS OF THE AGENDA: MOTTO by Chairman Tice to approve the following agenda adjustment: Addition: • Request for Susan Blumenstein to be Authorized to Proceed with a $143,500 Payment to the Civil Air Patrol Upon Submission of the Settlement Statement for an Aircraft Hangar Purchase VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Mr. Ed Rush, President of Iredell Memorial Hospital, Provides Information Regarding a Proposed North Carolina Medical Care Commission $30 Million Bond Issue: Mr. Rush said the hospital proposed to issue $30 million in revenue bonds with assistance from the NC Medical Care Commission. He said the funding would reimburse the hospital $10 million for the completed emergency center renovations and the Nunnery Tower expansion expected to be finished in January of 2007. Rush said when completed, the new fifth floor would contain modern private rooms to replace 31 semi -private acute beds built in the 1950s. Rush said the funding would also assist in (1) the expansion of the central sterile supply and surgery support areas (2) purchase a second CT scanner (certificate of need already approved) (3) purchase cardiac cath equipment as well as a dedicated angiography electrophysiology lab (certificate of need already approved) and (4) purchase other necessary equipment. He said approximately $3 million would be used to pay off earlier borrowing from the medical care commission. Accompanying Mr. Rush was Attorney Allen Robertson (law firm of Robinson Bradshaw & Hinson). Rush said the attorney had written a letter stating, "The County will not be required to approve, or consent to the terms of, the bonds issued by the Commission, and the County will not be obligated to pay the bonds if the Corporation defaults." Mr. Rush said the bond update was being provided as a courtesy and for informational purposes. Mr. David Swann, Area Director/CEO of Crossroads Behavioral Healthcare, Provides a Fiscal Year 2005-06 Report: Mr. Swann said state law required that an annual report be given to the board(s) of commissioners. He said "major" legislation was adopted last year and much of it was a re- fit of the 2001 law that "strengthened" the local managing entity's scope of work along with providing $101 million in new mental health funds. Mr. Swann then shared statistical information, some of which is as follows: Iredell Countv Appropriation 2006-07 $502,085 ($4.50 Per Capita Using the July 1, 2006 Population Data) Six-year history of Iredell County Appropriations 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 $430,120 $410,765 $436,311 $500,994 $479,810 $502,085 Summary of Visits by Iredell Countv Residents FY 2005-06 Swann said Crossroads' activities focused on the following seven functions: 1. 2417 Access to Services 2. Provider Development, Endorsement & Support 3. Utilization Review & Utilization Management 4. Management of State Facility Services & CAP-MR/DD 5. Care Coordination and Quality Management 6. Community Collaboration & Consumer Services 7. Financial Management & Accountability Note: Two functions were lost (Medicaid Management & Medicaid Utilization Review) Mr. Swann said admissions to Broughton Hospital were decreasing, and this was what the state wanted (more people being served at the local level). He said Crossroads ended the year on a "positive" note and had remained within the budget. Swann said the state department had appropriated $5.2 million in one -time -startup funding for new crisis services in 15 regions. He said Crossroads had been in discussions with entities to the west and south about a regional partnership. Attorney Pope asked if there were any advantages in merging with Catawba County. Swann said Crossroads was large enough to "stand strong," but in the future, the state department would administratively downsize mental health programs by money -- not by law. Swann predicted that more area program regionalization would occur due to fewer administrative dollars. Ms. Lorraine Hill, Director of The Counseling Center of Iredell, Speaks About September being National Alcohol and Drug Addiction Recovery Month and Requests Approval of a Proclamation: Chairman Tice read the following proclamation: National Alcohol and Drug Addiction Recovery Month WHEREAS, 74 percent of Americans say that addiction to alcohol has had some impact on them at some point in their lives, whether it was their own personal addiction, that of a friend or family member, or any other experience with addiction; and WHEREAS, a 63 -percent majority of Americans also say that addiction to either drugs or alcohol has had a great deal or some impact on their lives; and WHEREAS, stigma and discrimination present obstacles and can be a mark of disgrace to those with substance use disorders who need access to treatment facilities, and for those who want to reestablish their place in the community by entering the workforce, and WHEREAS, educating our community about how substance use disorders affect children, families, and all community members is essential to overcoming stigma and discrimination; and WHEREAS, we must recognize the achievement of those who seek out treatment services and ensure that such services are readily available to those who need assistance; and WHEREAS, substance use disorders are a treatable, yet serious health care problem, and we can take steps to address it and so build a stronger, healthier community; and 2 Adult Child Total Clinical Office Visits 6,593 1,316 7,909 Crisis Services 1,192 2 1,194 Evaluations/Screenings 1,271 231 1,502 Rehabilitation Services 30,110 15,573 45,683 Residential Services 17,047 20,481 37,528 56,213 37,603 93,816 Swann said Crossroads' activities focused on the following seven functions: 1. 2417 Access to Services 2. Provider Development, Endorsement & Support 3. Utilization Review & Utilization Management 4. Management of State Facility Services & CAP-MR/DD 5. Care Coordination and Quality Management 6. Community Collaboration & Consumer Services 7. Financial Management & Accountability Note: Two functions were lost (Medicaid Management & Medicaid Utilization Review) Mr. Swann said admissions to Broughton Hospital were decreasing, and this was what the state wanted (more people being served at the local level). He said Crossroads ended the year on a "positive" note and had remained within the budget. Swann said the state department had appropriated $5.2 million in one -time -startup funding for new crisis services in 15 regions. He said Crossroads had been in discussions with entities to the west and south about a regional partnership. Attorney Pope asked if there were any advantages in merging with Catawba County. Swann said Crossroads was large enough to "stand strong," but in the future, the state department would administratively downsize mental health programs by money -- not by law. Swann predicted that more area program regionalization would occur due to fewer administrative dollars. Ms. Lorraine Hill, Director of The Counseling Center of Iredell, Speaks About September being National Alcohol and Drug Addiction Recovery Month and Requests Approval of a Proclamation: Chairman Tice read the following proclamation: National Alcohol and Drug Addiction Recovery Month WHEREAS, 74 percent of Americans say that addiction to alcohol has had some impact on them at some point in their lives, whether it was their own personal addiction, that of a friend or family member, or any other experience with addiction; and WHEREAS, a 63 -percent majority of Americans also say that addiction to either drugs or alcohol has had a great deal or some impact on their lives; and WHEREAS, stigma and discrimination present obstacles and can be a mark of disgrace to those with substance use disorders who need access to treatment facilities, and for those who want to reestablish their place in the community by entering the workforce, and WHEREAS, educating our community about how substance use disorders affect children, families, and all community members is essential to overcoming stigma and discrimination; and WHEREAS, we must recognize the achievement of those who seek out treatment services and ensure that such services are readily available to those who need assistance; and WHEREAS, substance use disorders are a treatable, yet serious health care problem, and we can take steps to address it and so build a stronger, healthier community; and 2 WHEREAS, to help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and The Counseling Center of Iredell invite all residents of Iredell County to participate in National Alcohol and Drug Addiction Recovery Month. NOW, THEREFORE, the Iredell County Board of Commissioners, does hereby proclaim the month of September 2006 as National Alcohol and Drug Addiction Recovery Month in Iredell County and calls upon the people of Iredell County, North Carolina to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: Build a Stronger, Healthier Community." MOTION by Chairman Tice to adopt the National Alcohol and Drug Addiction Recovery Month proclamation. VOTING: Ayes — 5; Nays — 0. Mr. Mark Lancaster, with the Lake Norman Marine Commission, Requests an Additional $15,000 for the Maintenance and Expansion of the Lake's Navigational Aid System: Mark Lancaster, Iredell County's representative on the marine commission, requested additional funding for navigational aids due to theft and vandalism. A letter from the commission's chairman, Terry Davis, indicated the following markers were needed. Main Channel Markers 5 — Non Functioning — Light out (8/14/06) 16A Non Functioning — Light out (8/26/06) 22 — Non Functioning — Light out (9-7-06) 23 — Non Functioning — Replace pole, light and signs (6/12/06) Creek Channel Markers D2 — Non Functioning — Replace light and signs (5/8/06) MC -1 — Non -Functioning —Light out (8/26/06) Shoal Markers, Shoal Buoys & No Wake Buoy Shoal Marker — End of Belle Isle Dr — Light out (8/27/06) Shoal Marker— End of Lucky Point Road — Missing (8/14/06) — Rocks sticking out of water Shoal Marker — East North side of Lucky Creek — Non Functioning (7/20/06) Shoal Marker — North end of Sand Bar Island — Missing (07/08/06) Shoal Marker—Adjacent to T4 -Light out (08/27/06) Shoal Marker — Between T2 and T4 — Add light (08/27/06) Shoal Marker — At Midtown Sundries — change to MT2 a red marker with red flashing light (6/12/06) Bridge Buoys Bridge Buoy — SW Side of Williamson Road Bridge — Light detached and hanging from buoy (08/14/06) Bridge Buoy — E Side of Governors Island Bridge — Non Functioning (08/14/06) Bridge Buoy — NW side of Slanting Bridge Road — Relocate (04/20/06) too close to bridge Bridge Buoy — Mt. Creek Rail Road Bridge — Relocate — out of position (08/27/06) Bridge Buoy — S side of Mt. Pleasant Road Bridge — Install (06/12/06) Bridge Buoy — N side of Mt. Pleasant Road Bridge — Install (06/12/06) Bridge Buoy — SE side of Highway 150 Bridge — Non Functioning (09/07/06) Hazard Buoy — East End of Goat Island (Marker 10) — Remove sunken boat lift (08/14/06) Commissioner Robertson said previously he had notified the marine commission about a dangerous shoal that needed an identifying marker (north of Stone Marker/west of Brawley School Road/ south of Rehoboth). He asked if a warning marker could be purchased out of the $15,000 for this particular site. Lancaster said he was aware of the area, but the marine commission had not been able to purchase a marker due to the lack of funds. He said that in the same vicinity, about 20 markers were needed. Lancaster said for this specific site, the marine commission had better success with pilings 3 rather than with marking floats. He said much vandalism was occurring, especially in the Catawba County side of the lake, but Iredell County also needed the markers. Lancaster said, too, that Iredell needed more markers due to having the most newly -developed shoreline. Robertson asked what regulations addressed water safety marker vandalism. Lancaster said some lake communities had an "adopt -a -pole" program where the residents helped to insure the markers were intact. He said he wasn't aware of any type of ordinance addressing the problem. Mr. Lancaster said the NC Wildlife Commission was concerned about the thefts, and he would check on what legal action could be taken about the vandalism. Commissioner Johnson said the letter indicated the first priority would be to maintain the current system of over 100 navigational aids, and the second priority would be to add new ones. He asked if the county had been appropriating enough money to maintain the aids. Lancaster said the marine commission tried to maintain a "tight" budget, but recently there had been much vandalism and theft. Johnson said he understood the $15,000 would get the commission caught up, but that in next year's budget more funds might be needed for maintenance. Lancaster said this was correct. Johnson asked the marine commission to advise at budget time what was needed. OTIO by Commissioner Norman to approve Budget Amendment #13 in the amount of $15,000 (to be derived from the contingency fund) for the navigational aids. VOTING: Ayes — 5; Nays — 0. Mr. Josh Swift, the Health Department Education Coordinator Shares Information from the Action for Children North Carolina Report: On behalf of the Health and Social Services Departments, Josh Swift presented a PowerPoint presentation highlighting key points from a state report focusing on children. Some of the information is as follows: • 25% of Iredell County residents are under 18 years of age (Total population being used (d. 136,008) • North Carolina has the fourth fastest growing child population in the United States • Iredell County's child population by race is as follows: 74.5% White; 15.3% Black; 6.4 % Hispanic; 2.0 Asian; 0.3% American Indian; & 1.4% Two or More Races • 14% of deaths in children are caused by birth defects; 28% are perinatal conditions (within 28 days after birth); 17% illnesses; 19% motor vehicle related deaths; 8% due to Sudden Infant Death Syndrome; and 14% other factors. • From June 2004 — May 2006 NC Health Choice Insurance usage increased 32% • From June 2005 — May 2006 an average of 800 applications per month were taken at DSS (Iredell County) for Medicaid • From June 2005 — May 2006 the number of individuals eligible for Medicaid increased • 65% of eligible individuals participate in the Food Stamp Program (participation among children increased 36% from 2001-2006 (reasons attributed to the increase were increased income limits, plant closings/layoffs, and 2500 jobs were lost) • There are 8,020 participants in the Food Stamp Program and 55% are children • During 2005-2006, there were 2,030 children (0-12 yrs.) receiving daycare subsidy and as of November 2005 there were 560 on a waiting list compared to 907 in April of 2006 • Iredell County has fewer child maltreatment (reported and substantiated) cases than the state average • Iredell County has fewer children in foster care than the state average Social Services Director Don Wall, Social Work Administrator Lisa York, and Income Maintenance Administrator Lynn Deal also attended the meeting. 4 PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for Land O' Lakes, LLC (Purina Mills): Chairman Tice said Land O' Lakes was requesting a $344,100 economic development incentive, over a five-year period, based on an $18.5 million investment. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Johnson to grant the $344,100 economic development incentive to Land O' Lakes, over a five-year period, based on an investment of $18.5 million. VOTING: Ayes — 5; Nays — 0. (Note: A public hearing was called on September 5, 2006, after Greater Statesville Development Corporation Director Mike Smith, presented the request for the company.) Chairman Tice declared the meeting to be in a public hearing. Consideration of an Ambulance Franchise Ordinance for Iredell County: Assistant County Manager Tracy Jackson said the staff had researched ambulance ordinances after concerns were raised about regulations for private services. He said North Carolina counties had the option of either utilizing the State Approved EMS Plan or adopting local ordinances. Jackson said an ordinance would specify certain rules and standards for private ambulance suppliers, and it would help to insure a certain level of quality and consistency throughout the county. He said the proposed ordinance would be nonexclusive allowing other ambulance providers to operate at a "level playing field" in terms of service (operate at a paramedic level). Commissioner Williams asked if the ordinance would be administered similarly to the EMS department. Jackson said the EMS System Plan was administered by the EMS Department, and the franchise ordinance would be executed through the county manager's office with assistance from the safety officer. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Johnson to approve the ambulance franchise ordinance as presented by Mr. Jackson. VOTING: Ayes — 5; Nays — 0. The ordinance is as follows: Chapter XX. EMERGENCY SERVICES Art. I. In General Art. II. Ambulance Services ARTICLE L IN GENERAL ARTICLE II. AMBULANCE SERVICES DIVISION 1. GENERALLY Sec. X-1. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings assigned to them in this section, except where the context clearly indicates a different meaning: 5 Advanced Life Support means a level of ambulance service to be provided with at least one member of a two -member ambulance crew credentialed as an EMT -Paramedic by the State of North Carolina. Ambulance means any publicly or privately owned motor vehicle that is specially designed, constructed, or modified and equipped, and is intended to be used for and is maintained or operated for the transportation upon the streets and highways in this state of persons who are sick, injured, wounded, or otherwise incapacitated or helpless. Ambulance attendant means the individual who is responsible for driving an ambulance and rendering assistance during the transportation of a patient. The ambulance attendant shall be credentialed as an ambulance attendant by the state. Ambulance service means a public or privately owned enterprise that is engaged in the transportation of patients to emergency and/or non -emergency medical facilities for a fee or commercial basis. Approved means approved by the state Medical Care Commission pursuant to the latter's rules and regulations promulgated under G.S. 14313-165. Basic Life Support means a level of ambulance service to be provided with at least a two -member ambulance crew with each member credentialed as an Emergency Medical Technician by the State of North Carolina. Convalescent means the transportation of sick or infirm patients, having a known, non -emergency medical condition, on a scheduled basis between facilities or between a residence or and a facility. County means the county board of commissioners or a designated representative. County Safety Officer means the Iredell County Safety Officer. Emergency and emergency transportation means the operation of an ambulance in order to provide medical care and transportation of a patient who is in need of immediate medical treatment in order to prevent loss of life or further aggravation of physiological or psychological illness or injury. Emergency Medical Technician (EMT) means an individual who has completed the minimum program for emergency medical technician credential, and is credentialed by the state. Franchise means a permit issued by the county to any person or business entity for the operation of a commercial ambulance service. Franchise Permit means a document issued by the county that announces the awarding of an ambulance service franchise. Franchisee means any person having been issued a franchise by the county for the operation of a commercial ambulance service. License means any driver's license or permit to operate a motor vehicle issued under or granted by the laws of the state Non -emergency transportation services means the transportation by ambulance of a person having an immediate or prompt need for medical treatment or care other than an emergency. Owner means any person or business entity that owns and operates an ambulance service. Patient means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. Person means any individual, firm, partnership, association, corporation, company, or group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than the United States. Rescue means situations where the victim cannot escape an area through the normal exit or under his own power. 6 Sec. X-2. Enforcement. The county manager's office shall be the enforcing agency for the regulations contained in this article. Such office will: (1) Receive all franchise proposals from potential providers. (2) Study each proposal for conformance to this article. (3) Recommend to the board of commissioners the award of the franchises to the applicants submitting the best proposals. (4) Cause the County Safety Officer to inspect the premises, vehicles, equipment, and personnel records of franchisees to ensure compliance to this article. (5) Recommend the temporary or permanent suspension of a franchise in the event of non-compliance with the franchise terms of this article. Recommend appropriate legal action for the imposition of misdemeanor or civil penalties as provided in this article. (6) Ensure by cooperative agreement with other ambulance services the continued service in a district where an ambulance service franchise has been suspended. (7) Receive complaints from the public, other enforcing agencies, and ambulance services, regarding franchise infractions. (8) Recommend improvements to the county franchise ordinance that will ensure better medical transportation. (9) Maintain all records required by this article and other applicable county regulations. Sec. X-3. Penalties for violation of article. (a) It shall be a misdemeanor for a person to obtain or receive ambulance service without intending at that time of obtaining or receiving such services to pay, if financially able, the necessary charges. A determination that the recipient of such services has failed to pay for the services rendered for 90 days after the request is for payment, and that recipient is financially able to do so, shall raise a presumption that the recipient of the services did not intend to pay for the services at the time they were obtained or received. (b) Violations of this article, or terms of any franchise granted under this article, shall be a misdemeanor, as provided by G.S. 14-4. Each such violation also shall subject the offender to a civil penalty in the amount of $100.00 for each separate breach of the franchise or violation of this article. This civil penalty must be paid within ten days after the hearing on the citation has been held as provided by G.S. 153A -123(c). If the civil penalty is not paid within ten days, as provided for in this subsection, the county may suspend or revoke the franchise. Sec. X-4. Territorial jurisdiction; applicability of article. The provisions of this article shall apply to all unincorporated, and incorporated, areas within the geographic confines of the county. Sec. X-5. Addendums to article. The board of commissioners may, through appropriate action, amend or expand this article to include other emergency departments or agencies as deemed necessary. Sec. X-?. Reserved. DIVISION 2. FRANCHISE Sec. X-6. Requirements of franchisees. 7 (a) Grant of franchise before provision of service. No person either as owner, agent, employee or otherwise, shall furnish, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the business of emergency, non -emergency or convalescent transportation of patients within the county unless the person holds a valid permit for each ambulance used in such business issued by the North Carolina Office of Emergency Medical Services of the Department of Human Resources and has been granted a franchise for the operation of such business or service by the county pursuant to this article. (b) For emergency transportation. No person shall drive, operate or attend a vehicle being operated as an ambulance for emergency transportation purposes within the county unless said person holds a currently valid credential as an Emergency Medical Technician issued by the state. No ambulance shall be operated for emergency transportation purposes unless the vehicle is staffed and/or operated by at least two credentialed Emergency Medical Technicians. The county may require a higher level of driver and attendant credentialing at its discretion. (c) For convalescent non -emergency transportation. No ambulance shall be operated for convalescent or non -emergency transportation service or purposes within the county unless the vehicle is staffed and operated by at least two credentialed emergency medical technicians, both of whom have been credentialed by the state. The county may require a higher level of driver and attendant credentialing at its discretion. (d) Exceptions. No franchise shall be required, and the provisions of subsections (a), (b), and (c) of this section shall not apply to the following: (1) Any entity rendering assistance to a franchised ambulance service in the case of a major catastrophe or emergency with which the services furnished by the county are insufficient or unable to cope. (2) Any entity operated from a location or headquarters outside of the county in order to transport patients who are picked up beyond the limits of the county, but no such entity shall be used to pick up patients within the county for transporting to locations within the county unless it is rendering assistance referred to in subsection (c) of this section. (3) Ambulances owned and operated by an agency of the county, the State of North Carolina, or the United States. (4) Volunteer fire departments or rescue squads that provide such services. (5) Hospital-based critical care services, delivered by ground or air, which provide emergency medical transportation services. Sec. X-7. Application: contents. Application for a franchise to operate ambulances in the county shall be made upon such forms as may be prepared or prescribed by the county and shall contain: (1) The name of the applicant and the owner of the ambulance or the ambulance service. (2) The trade name or other fictitious names, if any, under which the applicant does business, along with a certified copy of an assumed name certificate stating such name or articles of incorporation stating such name. (3) A resume of the training and experience of the applicant in the transportation and care of patients. (4) A description and copy of state credential for each ambulance owned and operated by the applicant. (5) The location and description of the places from which it is intended to operate. 9 (6) Audited financial statement of the applicant as the same pertains to the operations in the county. (7) A description of the applicant's capability to provide 24-hour coverage, seven days per week. (8) Any information the county shall deem reasonably necessary for a fair determination of the capability of the applicant to provide ambulance service in the county in accordance with the requirements of the state and the state and the provisions of this article. See. X -S. Granting. (a) Nature of Franchise: The nature of the franchise shall be nonexclusive. (b) Designation of franchise districts. Prior to accepting applications from applicants for the operation of an ambulance service, the board of commissioners may designate specific service areas as franchise districts. The board of commissioners shall have the authority to redistrict or rearrange existing districts at any time, at their discretion. (c) Hearing; investigation of applicant. Upon receipt of an application for a franchise, the county shall schedule a time and place for the hearing the applicant. Within 30 days after the hearing, the county shall cause such investigation as it may deem necessary to be made of the applicant and his operations. (d) Conditions. A franchise may be granted if the county finds that: (1) The public convenience and necessity require the proposed ambulance service. No provision of this ordinance shall be deemed or construed as to require the granting of a franchise when the county determines that to do so would not be in the public interest (2) Each such ambulance of the applicant, it's required equipment and the premises designated in the application, have been credentialed by the state. (3) The proposed level of service matches the County's preference in terms of level of service (i.e., Basic Life Support or Advanced Life Support). See. X-9. Term. (a) Validity; termination; reapplication. The county may issue a franchise under this article to an owner of an ambulance service, to be valid for a term to be determined by the county provided that either party, at its option, may terminate the franchise upon 60 days' prior written notice to the other party. After a notice of service termination is given, the ambulance service shall reapply for a franchise if continued service is desired. (b) Violation; civil penalty; suspension or revocation. If any franchisee shall violate or fail to comply with any provision of this article, or a franchise issued under this article, the franchisee shall be cited by the county for such violation or failure to comply. The county, after a hearing pursuant to this citation, may impose a civil penalty of $100.00 for each separate breach of the franchise, as provided in section X-3 or may suspend or revoke the franchise. If, upon such hearing, the county shall find that the franchisee has corrected any deficiencies and has brought his operation into compliance with the provisions of this article, the franchise shall not be suspended or revoked, but a civil penalty as provided in section X-3 may be imposed. (c) Ceasing Operations. Franchisee will provide 60 days written notice should he decide to cease ambulance service operations of his own accord. Upon suspension, revocation, or termination of a franchise granted under this article, such franchised ambulance services shall immediately cease operations. Upon suspension, revocation, or termination of a driver's license or emergency medical technician credential, such person shall cease to drive an 9 ambulance or provide medical care in conjunction with an ambulance service, or attend an ambulance. No person shall employ or permit such individual to drive an ambulance or provide medical care in conjunction with an ambulance service. Sec. X-10. Inspection of records. The county may inspect a franchisee's records, premises and equipment at any time in order to ensure compliance with this article and any franchise granted under this article. Sec. X-?. Reserved. DIVISION 3. STANDARDS Sec. X-11. Ambulance Franchise. (a) Compliance with applicable laws. Each franchisee shall comply at all times with the requirements of this article, the franchise granted under this article, and all applicable state and local laws relating to the health, sanitation, safety, equipment, and ambulance design and all other laws and ordinances. (b) Right of control. Prior approval of the county shall be required where ownership or control of more than ten percent of the right of control of the franchisee is acquired by a person or group of persons acting in concert, none of whom own or control ten percent or more of such right of control, singularly or collectively, at the date of the franchise. By its acceptance of the franchise, the franchisee specifically agrees that any such acquisition occurring without prior approval of the county shall constitute a violation of the franchise by franchisee and shall be cause for termination at the option of the county. (c) Change of ownership. Any change of ownership of a franchised ambulance service without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and a new conformance with all the requirements of this article as upon original franchising. (d) Sale, assignment, mortgaging, or transferal. No franchise may be sold, assigned, mortgaged, or otherwise transferred without the approval of the county and a finding of conformance with all requirements of this article as upon original franchising. Each franchised ambulance service, its equipment and the premises designated in the application for all records relating to its maintenance and operation as such shall be open to inspection by the state, the county or their designated representatives (e) Change in level of service. Any change in level of service offered of a franchised ambulance service without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this article as upon original franchising. (f) Posting of franchise permit. The franchise permit shall be posted in a readily visible location at the base of operations for the franchised service. (g) Official entries. No official entry made upon a franchise may be defaced, removed, or obliterated. Sec. X-12. Drivers & Attendants. Standards for drivers and attendants, as developed by the state medical care commission as requirements for credentialing of emergency medical technicians, pursuant to G.S. 131E-1 et seq. and shall be applied and the same are incorporated in this section by reference. Sec. X-13. Vehicles and Equipment. Vehicle and equipment standards, as developed by the state medical care commission, pursuant to G.S. 131E-1 et seq. and shall be applied and the same are incorporated in this section by reference. 10 Sec. X-14. Communications. (a) Two-way radio. Each ambulance must be equipped with a two-way radio licensed by the Federal Communications Commission which must be in operative condition at all times and which has the capacity of communicating with the county emergency communications center and hospital emergency departments located in the county. (b) Copy of FCC License. Each ambulance service shall provide the county a current copy of the Federal Communications Commission license authorizing use of the communications equipment owned and operated by that service. (c) Open telephone line. Each base of operation must have at least one open telephone line. Telephone numbers must be registered with the county's emergency communications center. Sec. X-15. Insurance. No ambulance franchise shall be issued under this article, nor shall such franchise be valid after issuance, nor shall any ambulance be operated in the county unless there is at all times in force and effect insurance coverage, issued by an insurance company licensed to do business in the state, for each and every ambulance owned and/or operated by or for the ambulance service providing for the payment of damages: (1) In the sum of $1,000,000.00/$3,000,000.00 aggregate for injury to or death of one individual in an accident resulting from any cause for which the owner of the vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent; and (2) In the sum of $1,000,000.00 for the loss of or damage to property of another, including personal property, under like circumstances, in sums as may be required by the state or as approved by the county. See. X-16. Records. Each franchise shall maintain the following records: (1) Record of dispatch. The record of dispatch shall show the time the call was received, the time the ambulance was dispatched, the time the ambulance arrived at the scene, the time the ambulance arrived at the destination, and the time the ambulance was in service. (2) Patient call report. At a minimum, the patient call report shall state all information required in subsection (1) of this section in addition to the patient's address and telephone number, the condition of the patient, the type medical assistance administered before reaching the destination, the total trip miles, and the name of the attendant(s), and the driver. The format and data of the patient call report shall conform to standards set forth by the state and shall also be submitted electronically as required by the state. (3) Driver and attendant checklist and inspection report. The driver and attendant checklist and inspection report shall list contents and description of operations for each vehicle, signed by the individual verifying the vehicle operations and contents. (4) Daily Report Log. The daily report log shall be maintained for the purpose of identifying more than one person transported in any one day. Sec. X-17. Rates and Charges. (a) Within 60 days after the acceptance of the franchise, as provided for in section X-6, the franchisee shall submit to the county a proposed schedule of rates and charges for the operation of an ambulance service. The county shall, within 30 days thereafter, either accept or reject the proposed rates. If the county rejects the rates, the franchisee and county shall negotiate for an acceptable rate, and if agreement is not reached within thirty days after the rejection by the county, then the county may terminate the franchise; and further, any rate increase sought by the franchisee will be filed with the county 60 days before it is to be effective, and if the county takes no action or approves the increase, it will go into effect on the date specified in the filing. If the county takes action by resolution to disapprove the increase, the proposed rate increase shall not be effective. (b) No ambulance service shall attempt to collect rates on emergency calls until the patient has reached the point of destination, has received medical attention and is in a condition deemed by the physician fir to consult with the ambulance service, but such service may attempt to collect rates with the family or guardian of the patient once the patient is in the process of receiving medical attention. (c) On non -emergency calls, or calls where a person requires transportation to a non -emergency facility, attempts to collect payments can be made before the ambulance begins its trip. See. X-?. Reserved. Iredell County Ambulance Service Rate & Charge Declaration/Declination Form Please complete the appropriate section below (print or type): ❑ As an entity franchised to provide ambulance service in Iredell County, seeks to charge the fees set forth below as signed by the organization's chief administrator this day of 12006. Basic Life Support Advanced Life Support Out of County Mileage ALS Treatment, No Transport Two or more patients (BLS or ALS) Other: ❑ As an entity franchised to provide ambulance service in Iredell County, does not seek to charge a fee for ambulance service as signed by the organization's chief administrator this day of K1III:1 The above listed ambulance service declares/declines ambulance fees as indicated herein. Signed: Chief Administrator Date: Signed: Date: Chairman to the Board of Commissioners Iredell County, North Carolina 12 Iredell County Ambulance Service Franchise Application Type of Transport Service: ❑ Emergency ❑ Non-Emergency/Convalescent Proposed Response Area: Agency Name: • Please include a brief history of applicant agency and that agency's experience in transporting ambulance patients. Address: Chief Operating Officer's or Owner's Name: Operations Manager or Chief Administrator's Name: Contact Phone Number: (_)- E -Mail Address (if applicable): 1) Ability to Deliver Ambulance Services: Fax Number: (_)- • Hours available for response hours per day days per week • Estimated response time within proposed district (in minutes): minimum: maximum: 2) Employee and/or Member Roster: • Include as a separate attachment a copy of the agency's employee and/or membership roster. Include the certification levels and certification expiration dates for all personnel. 3) Vehicle Description: • Please provide the following information for each transport ambulance: • model year and make • vehicle identification number (VIN) • type category of ambulance (1, 11, Ill) • communication capabilities • NCOEMS vehicle certification number and month of certification • Include as a separate attachment with the Iredell County Ambulance Service Franchise Application. 4) Base of Operations: • Please provide the location and description of the place(s) where ambulances will be stationed. • Include as a separate attachment with the Iredell County Ambulance Service Franchise Application. 5) State of North Carolina Ambulance Service License: • Include as a separate attachment with the Iredell County Ambulance Service Franchise Application. 6) Agency Financial Statement: • Please include a financial statement of the agency's revenues and expenses as it pertains to the operations of ambulance services. • Include as a separate attachment with the Iredell County Ambulance Service Franchise Application. 13 7) Proof of Vehicle & Liability Insurance: • Include as a separate attachment with the Iredell County Ambulance Service Franchise Application. 8) Declaration/Declination of Ambulance Service Fees: • Include as a separate attachment with the Iredell County Ambulance Service Franchise Application (see enclosed Iredell County Billing Declaration/Declination Form). Atta c hm e nts Checklist: New Applicants: ❑ Applicant Agency History & Experience ❑ Base of Operations ❑ Employee/Membership Roster ❑ NC Ambulance License ❑ Vehicle Description(s) ❑ Financial Statement ❑ Proof of Vehicle & Liability Insurance ❑ Dec laration/DecIination of Ambulance Service Fees Renewal Applicants: ❑ Employee/Membership Roster ❑ Financial Statement ❑ Proof of Vehicle & Liability Insurance ❑ Declaration/Declination of Ambulance Service Fees Note: Agencies renewing an existing franchise agreement need only submit the items listed above along with the Iredell County Ambulance Franchise Application. Information concerning Agency History/Experience, Base of Operations, NC Ambulance License, and Vehicle Description(s) should be re -submitted annually if changes occur in any of those items. Chief Operating Officer's/ Owner's Signature &Title Date of Application * Renewal Applicant's Note: Signature above indicates that no changes have occurred in Agency History/Experience, Base of Operations, NC Ambulance Return completed franchise aonlications to: Joel Mashburn, County Manager Iredell County Government Center 200 S. Center St. P.O. Box 788 Statesville, NC 28687-0788 14 STATE OF NORTH CAROLINA COUNTY OFIREDELL THIS FRANCHISE AND AGREEMENT, made and entered into this day of 2006, by and between THE COUNTY OF IREDELL, a North Carolina body politic, hereinafter called COUNTY, and , a corporation organized under Chapter 55A of the General Statutes of the State of North Carolina, hereinafter called PROVIDER; WITNESSETH THAT WHEREAS, N.C.G.S. 153A authorizes Counties to enter into contracts and to franchise ambulance services; and WHEREAS, Iredell County Code of Ordinances, Chapter XX, Article XX, hereinafter called Franchise Ordinance, regulates the operation and franchising of ambulance services within Iredell County; and WHEREAS, N.C.G.S. Chapter 55 authorizes corporations to make contracts and to have and exercise all powers necessary and convenient to effect any or all of the purposes for which the corporation is organized; and WHEREAS, the parties hereto seek to provide ambulance services and/or special rescue services; NOW THEREFORE, for and in consideration of the mutual promises and agreements herein contained, and pursuant to the general power and authority of the PROVIDER to furnish ambulance service, and the general power and authority of the COUNTY to provide paramedic ambulance service for its inhabitants and general population, the parties hereto mutually contract and agree as follows: 1 GRANT OF FRANCHISE COUNTY hereby grants to PROVIDER, the right, privilege and franchise to operate an ambulance service within the franchise area, subject to the faithful performance and observance of the conditions and reservations hereinafter set forth, inclusive of all provisions contained within the Franchise Ordinance. 2 TERM OF FRANCHISE COUNTY grants this franchise for a term commencing upon execution of this Franchise and Agreement and terminating at midnight on the day of 2006. This grant of franchise shall be subject to suspension, revocation, or termination as set forth in the Franchise Ordinance. 3 GENERAL DUTIES A. The PROVIDER agrees to furnish and provide continuing ambulance service to all areas lying within its designated response territorial limits, upon proper notification by any resident, property owner, other person, or agency. B. The PROVIDER, in providing said ambulance or rescue services, shall use its own means and methods, within standards recognized by federal, state and local authorities and agencies, which means and methods shall not be subject, except as herein below set forth, to further control, direction or supervision by COUNTY. PROVIDER hereby further agrees that medical control of its ambulance service shall be subject to the protocols and policies as established by the Iredell County EMS Medical Director and the Iredell County EMS Quality Management Committee. C. All ambulance service equipment, special rescue equipment, and personnel necessary and proper for the performance of this Franchise and Agreement shall be provided by the PROVIDER at its sole cost and expense, and all persons engaged by PROVIDER in ambulance transport services pursuant to the provisions of this Franchise and Agreement shall be subject to the exclusive control, direction and supervision, of the PROVIDER. Except as noted herein below, COUNTY shall not have any right or power with respect to the employment, control, direction, supervision, suspension or discharge of any person who may engage in such ambulance services imposed by the provisions of this Franchise and Agreement upon the PROVIDER in furnishing ambulance service to COUNTY for the benefit of its residents and general population. 4 COMMUNICATIONS 15 Procedures for communicating the need for ambulance services or special rescue services by the PROVIDER shall be established and administered by the Iredell County Emergency Communications Center. 5 MUTUAL AID A. Upon notification by an appropriate requesting agency (i.e., COUNTY or other Iredell County Rescue Squad), PROVIDER, through its Emergency Medical Services department or Rescue Squad, upon establishment that an emergency does in fact exist and that PROVIDER's aid is needed, the Chief or Director of Operations (hereafter also including any other officer or person delegated that authority by said Chief or Director of Operations) shall have the implicit authority to order such available equipment and personnel as may be required, to respond to assist the requesting agency. Procedures for communicating the need of ambulance service or special rescue services to the PROVIDER shall be established by mutual agreement between the parties hereto and the same shall be properly publicized. After determining that the mutual aid request may be honored without impairing the PROVIDER's capacity to provide service within its own jurisdiction, the Chief or his designee may take such steps as he/she deems appropriate to furnish the requested aid. The response of the PROVIDER shall remain the sole discretion of the Chief or his designee, and the PROVIDER shall not be compelled to dispatch any of its equipment or personnel; however, every effort should be made to furnish requested assistance if such dispatch would not impose a serious impairment to that PROVIDER's service plan. B. It shall be the responsibility of the PROVIDER to assure that all personnel responding to the request for mutual aid are trained, responsible persons. The conduct and actions of said responding personnel shall remain the obligation and responsibility of PROVIDER. In addition, it shall be the responsibility of the PROVIDER to assure that each piece of responding equipment is operational and capable of functioning properly for that type of equipment. C. PROVIDER shall assume all liability and responsibility for the death of or injury to any of its own personnel while responding to the request for mutual aid. D. PROVIDER shall assume all liability and responsibility for damage to, or caused by, its own equipment while enroute to or from a mutual aid request. E. The agency requesting mutual aid shall have no liability nor responsibility for the personal property of PROVIDER personnel if said property is lost, stolen, damaged or destroyed while those personnel are performing their duties under the mutual aid response terms contained herein. F. PROVIDER shall assume no liability or responsibility for property damaged or destroyed at the actual scene of any mutual aid response due to the EMS and/or rescue operations, or other operations as may be required or ordered; all such liability and responsibility shall rest solely with the requesting agency and within whose boundaries the incident occurs. G. PROVIDER shall assume all costs of salaries, wages, bonuses or other compensation for its own personnel that respond to a mutual aid dispatch under the terms of this Mutual Aid Agreement, and PROVIDER shall also assume all costs involving the use of equipment and tools used specifically in response to the request for mutual assistance, and PROVIDER shall make no charge for such use to the agency requesting the mutual aid assistance. However, any supplies provided by the PROVIDER from its own supply shall be paid for by the requesting agency, upon receipt of an itemized statement of costs for such supplies. H. The Chief Officer of the agency requesting assistance shall in all instances be in command of the emergency as to the aspects of strategy, tactics and overall direction of the operations. All orders or directions regarding the operations and personnel of the PROVIDER, shall be relayed to PROVIDER'S Chief Officer present at that incident and in command of the PROVIDER. 1. When PROVIDER personnel are sent to another district pursuant to this Mutual Aid Agreement, the jurisdiction, rights, authority, privileges and immunities, including coverage under Workman's Compensation laws and malpractice insurance, which said personnel have in the PROVIDER, shall be extended to the areas outside the normal response territorial limits, when said personnel are acting within the scope of the authority conferred by this Mutual Aid Agreement. 6 TERMINATION OF AGREEMENT Franchisee will provide 60 days written notice should he decide to cease ambulance service operations of his own accord. 7 TERM OF AGREEMENT 16 This Franchise and Agreement shall commence upon execution and shall extend for a term ending on 12006. IN WITNESS WHEREOF, THE COUNTY OF IREDELL has caused this Franchise and Agreement to be executed in its name by its Chairman of the Board of County Commissioners, attested to by the Clerk to the Board and the County Seal affixed hereto, all by authority duly given by the Board of Commissioners of the County of Iredell, and the PROVIDER has caused this Contract and Agreement to be executed in its name by its proper officers and its Corporate Seal to be affixed hereto, all by authority duly given by its Board of Directors. (SEAL) Attest: Clerk to the Board IREDELL COUNTY, NORTH CAROLINA Chairman, Board of Commissioners IREDELL COUNTY, NORTH CAROLINA County Administrator I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he is the Clerk to the Board of County Commissioners of Iredell County, and that by authority duly given and to act as Chairman of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested to by its Clerk herein above named. WITNESS my hand and official seal, this _ day of 2006. Notary Public My Commission Expires: (SEAL) IN WITNESS WHEREOF, has caused this Franchise and Agreement to be executed in its name by its Chief Operating Officer and Chairman of the Board (if applicable), by authority duly given by the Board of Directors of M Chairman, Board of Directors Chief Operating Officer I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is the Chief Operating Officer and/or Chairman of the Board of Directors of , and that by authority duly given and to act as Chief and/or Chairman of the Board, the foregoing instrument was signed in its name by its Chief and/or Chairman. WITNESS my hand and official seal, this _ day of 2006. Notary Public My Commission Expires: (SEAL) Iredell County Ambulance Franchise and Agreement This contract has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. Susan Blumenstein, Deputy County Manager/Director of Finance Date This contract has been reviewed as to legal form. William P. Pope, County Attorney 17 Date -------------------------------------------------CONSENT OTIO by Commissioner Williams to approve the following seven consent agenda items. VOTING: Ayes — 5; Nays — 0. (All items were explained during the briefing session.) 1. Request from the Mooresville Graded School District for Approval of a 2006-07 Capital Outlay Budget Amendment: Mooresville's Supt. Dr. Bruce Boyles and Finance Officer David Dutton requested approval of this budget amendment during the five o'clock meeting (see briefing minutes for a complete list of the capital projects). 2. Request for Approval of the August Refunds and Releases: Tax Administrator Bill Doolittle requested approval of the following refunds and releases. AUGUST 2006 TAX RELEASES & REFUNDS Releases Refunds County $147,556.40 $1,622.10 Solid Waste Fees 1,404.00 0 East Alexander Co. Fire #1 0 0 Shepherd's Fire # 2 1,488,75 78.51 Mount Mourne Fire # 3 1,853.54 0 All County Fire # 4 3,539.75 76.42 Statesville City 14,182.55 316.97 Statesville Downtown 1,060.86 0 Mooresville Town 79,424.42 338.01 Mooresville Downtown 41.96 0 Mooresville School 4,232.06 29.27 Love Valley 12.79 0 Harmony 8.30 0 Troutman 10.14 0 Total $254,815.52 $2,461.28 A complete list, of the individual into the minutes by reference. tax releases and refunds, is hereby incorporated 3. Request for Approval of In -Car Mobile Digital Video Recorder System Bids (staff recommends Custody Video @ $152,546.70 for up to 33 initial systems): Purchasing Agent Dean Lail said bid packages were sent to six vendors with two of them submitting bids. He said the low bidder, Custody Video System, met all requirements, and it was recommended to receive the bid award for up to 33 law enforcement mobile digital video recorder systems. He said the contract included an additional quantities clause allowing additional units to be purchased through June 30, 2007 at the offered price. The two companies and their bids are as follows: Vendor Bid Custody Video $152,546.70 L3 Communications Mobile -Visions, Inc. $185,098.88 4. Request for Approval to Award "Scopes of Service for Janitorial and Cleaning Contracts to Currently Contracted Cleaning Vendors:" Purchasing Agent Dean Lail said cleaning contracts were awarded September 30, 2005; however, since that time, mutual agreement to discontinue services between the county and one of the companies had occurred. He requested the awarding of janitorial/cleaning services to the following vendors: Awarded to: Rainbow Janitorial Elections $ 575 Government Center Complex/Statesville Administration Building 1,250 Annex Building 1 650 18 Annex Building I1, Fire Marshal (will drop when moved to Center St.) 125 Recreation (will drop when moved) 225 2,275 Human Services Building (Statesville) 4,300 Awarded to: Southmark Janitorial Probations — Adult, Davie Avenue 180 Adult, Stockton Street 375 Juvenile/Parlier Bldg. 325 880 Sheriff/Narcotics — includes provision for upcoming relocations & bldg. assignment changes 1,495 EMS 470 Harmony library 762 Facility Services 215 Animal Control (through September 30, 2006) 360 Charges are on a monthly basis, and the two cleaning companies began the duties on September 8, 2006. 5. Request from the Animal Control Department for Approval to Increase Fees for the Spay/Neuter Clinic: Assistant County Manager Tracy Jackson said the Spay/Neuter Clinic in Kernersville, NC, had increased its fees, and the county would need to align its charges. He said the increases would be effective once approved by the board of commissioners (September 19, 2006). The new fees will be as follows: Spay/Neuter Clinic Services: Surgeries: Dogs /Females $80.00* Males $70.00* *Additional charge for dogs over 40 lbs is $10.00, dogs over 70 lbs is $20; this extra fee to be determined by the spay/neuter clinic. Extra fee for cryptorchid males is $25.00. Cats / Females $60 Males $40 If the owner qualifies for the low cost spay/neuter program, the surgery fee will still be $10.00. Vaccination costs will be $10.00 for each vaccination. Vaccinations available are rabies, distemper/Parvo for dogs, Fel-o-vax and Feline Leukemia for cats. Additional services available Heartworm test $25.00 Feline Combo Test (Leukemia & Feline AIDS) $30.00 Deworming $ 5.00 Nail Trim $5.00 Flea & tick preventative - cats single dose $33.00 Flea & tick preventative - dogs Up to 22 lbs $33.00 23-44lbs$34.00 45-88lbs$35.00 89-132lbs$38.00 single dose $15.00 Emergency overnight stay $15.00 Heartgard Up to 25 lbs $33.00 26-50 lbs $34.00 51-100lbs$36.00 6. Request for Approval of the September 5, 2006 Minutes 19 7. Request for Susan Blumenstein to be Authorized to Proceed with Payment to the Civil Air Patrol Upon Submission of the Settlement Statement for the Hangar Purchase: Deputy Finance Director Susan Blumenstein said previously the sheriff had committed $140,000 in seized funds for the construction/purchase of an aircraft hangar for the Civil Air Patrol (CAP). She said additionally, $3,500 had been approved for CAP out of the FY 06-07 budget. Continuing, Blumenstein said the sheriffs department would be allowed to use the hangar, and a memorandum of understanding would be developed out of Maxwell Air Force Base. She said the Iredell Composite Squadron had negotiated a ground lease with the City of Statesville (Statesville Regional Airport) and payment ($140,000/seized funds; $3500/general fund) was now needed. END OF CONSENT AGENDA --------------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (2 announcements) Nursing Home Advisory Committee (2 announcements) Animal Grievance Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (3 appointments): MOTION by Chairman Tice to postpone these three appointments until the October 3 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (2 appointments): OTIO by Commissioner Williams to appoint Rev. Gary Richardson to the alternate position and to postpone the regular appointment until the October 3 meeting. VOTING: Ayes — 5; Nays — 0. Board of Adjustment (1 appointment): No nominations were submitted, and Chairman Tice made a motion to postpone the appointment until the October 3 meeting. VOTING: Ayes — 5; Nays — 0. PUBLIC COMMENT PERIOD: As required by state law, a comment period was offered, but no one chose to speak. COUNTY MANAGER'S REPORT: County Manager Mashburn said an Emergency Preparedness Fair would be held Saturday, September 23, 2006 from 10 — 3:00 P.M., at Signal Hill Mall in Statesville, NC. Mr. Mashburn then distributed a copy of a PowerPoint presentation that was recently given at a National Incident Management Seminar. CLOSED SESSION: Pursuant to G.S. 143-318.1 1 (a) (5) — Property Acquisition, Chairman Tice at 8:05 P.M., made a �MtA to enter into closed session. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:25 P.M.) ADJOURNMENT: MOTION by Chairman Tice to adjourn the meeting at 8:26 P.M. (NEXT MEETING: Tuesday, October 3, 2006, 5 and 7 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC 28677) VOTING: Ayes — 5; Nays — 0. Approval: 20 Clerk to the Board