HomeMy WebLinkAboutAugust 21 2007 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
AUGUST 21, 2007
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
August 21, 2007, at 7:00 p.m., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Board Members Present
Chairman Marvin Norman
Vice Chairman Sara Haire Tice
Steve Johnson
Ken Robertson
Godfrey Williams
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Susan Blumenstein, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Norman
INVOCATION by Commissioner Williams
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to
approve the following agenda adjustments:
Additions: • Request to Call for an Election on the Question of Creating the Troutman Fire
District in Accordance with G.S. 69-25.1
• Request from Mitchell Community College to approve a Funds Availability
Form in Conjunction with the new Student Services Center
• Request for Approval of a Burning Ban as Recommended by the County Fire
Marshal
• Under Unfinished Business — Motion to approve the Findings of Fact for Case
#0703-1 (McLain Farms) Presented on August 7, 2007
VOTING: Ayes — 5; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Presentation by David Swann, Area Director/CEO of Crossroads Behavioral
Healthcare (Six-month report): Swann said FY 07-08 allocation letters had not been received
from the state, but a $26,998,176 budget was approved by the Crossroads Board. He said the
increases were attributed to grants, Medicaid, and CAP Medicaid pass-throughs for psychiatry
services. Swann reviewed other information about the local managing entity, and some of his
remarks are summarized as follows:
Summ ry of Visits for Iredell ounty
Residents FY 2006-07
Adult
Child
Total
Clinical Office Visits
4,718
389
5,107
Crisis Services
304
10
314
Evaluations/Screenings
509
69
578
Rehabilitation Services
15,238
5,356
20,594
Residential Services
12,737
3,588
16,325
TOTALS
33,506
9,412
42,918
• Crisis Center re -opened on January 15, 2007 after being closed six months.
• Local Managing Entities, across the state, have been reduced from 30 to 25.
(Discussions are still occurring with the counties encompassed in the Foothills LME on a
possible consolidation with Crossroads. By June of 2008, Foothills has to complete a
consolidation or lose ten percent of funding as a penalty.)
1
• Mobile crisis personnel may remain with a patient 23 % hours. (This is at the patient's
residence.)
• Crossroads is measured and monitored by the usage of state hospital services.
(It is difficult to hospitalize patients at Broughton Hospital, and many times, bed space is
unavailable from a Friday mornings through Mondays.
• Inpatient detoxification hospitalization is the most intensive or highest intensive type of
detox service. Prevention providers (INSIGHT) work in both of the county school
systems. INSIGHT is based in Winston-Salem and provides service in all three
Crossroads counties. ADATC (Alcohol, Drug Abuse Treatment Center) in Black
Mountain, NC provides detox services as does Broughton. At the present, construction
is occurring at Black Mountain on a 30 -bed -acute -medical detoxification facility.
Crossroads will have access to the 30 beds, and they should be ready by the spring of
2008. Crossroads also has medical non -hospital detox contracts with SYNERGY
(Wilkes County) and ARCA (Forsyth County). There are also short-term contracts and
halfway houses available, along with "scattered leases" (apartment rentals up to a year).
• Intensive outpatient substance abuse services (at least 12 hrs. a week) along with
periodic services are also provided.
• During the last fiscal year, 204 Iredell citizens were involuntarily committed to
Broughton, and 25 of them had a primary or secondary diagnosis of substance abuse.
• Last year, 47 Iredell County citizens were provided detox services at Frye Medical
Center, SYNERGY, and ARCA.
---------------------------------------------CONSENT AGENDA -------------------------------------------
MOTION by Commissioner Tice to approve the following 17 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were explained during the briefing session.)
1. Request from the Fire Tax District Board for a Discussion and/or Approval of a
Proposal in Regards to Trinity VFD's Insurance Rating Reduction (Request for
Reimbursement from the one -cent tax set aside in Capital Reserve for the Performance
Based Program): Approval was given to appropriate $377,621 to the Trinity VFD as specific
purchases are made in an effort to reduce the department's insurance rating from 7 to a 6, or
better. (See briefing minutes for additional information.)
2. Request to Call for an Election on the Question of Creating the Troutman Fire
District in Accordance with G.S. 69-25.1: Approval was given for the staff to send a letter to
the Board of Elections requesting that an election be held on November 6 regarding the
establishment of a Troutman Fire District. (The VFD requests for the ballot to stipulate that this
will be the Troutman Fire District rather than referring to it as the Barringer & Fallstown or B &
F Fire District.) Specifically, the board of commissioners called for the election as follows:
CALL FOR AN ELECTION
FOR THE PROPOSED TROUTAIAN FIRE DISTRICT
Having received a petition of thirty-five percent (35%) of the resident freeholders living in an
area lying outside the corporate limits of the Town of Troutman, which area is described in the
petition and designated as the Troutman Fire District, the Iredell County Board of
Commissioners calls an election on November 6, 2007 in said district for the purpose of levying
and collecting a special tax on all taxable property in said district, of not exceeding fifteen cents
(15¢) on the one hundred dollars ($100.00) valuation property, for the purpose of providing fire
protection in said district.
(Additional information about the election may be found in the briefing minutes.)
3. Request from the Sheriff's Department for Approval of Budget Amendment #8 for
the Acceptance of the 2007-2008 Justice Assistance Grant (JAG) from the U.S. Dept. of
Justice: Approval was given to accept $24,108 in JAG funds, and to appropriate the funding for
a stereo microscope, E -ticket printers, and 800 Mhz radios.
2
4. Request for Approval of an NC 3 Corridor Study (Area between Mooresville &
Kannapolis) Cost will be $47,638 but will be shared equally with Town of Mooresville, City of
Kannapolis, and Cabarrus County: Approval was given to allow the Centralina Council of
Governments (COG) to perform a corridor study of the referenced area. The study, initiated by
the City of Kannapolis, will cost Iredell County $11,842 and 15 COG membership hours.
5. Request from the Tax Department for Approval of a Software Migration Contract
with Bi -Tek: Bi -Tek bought out the Cott Company, the county's previous tax software
supplier. The 20 -year-old software will no longer be supportable after 2008, and for this reason,
replacements are needed. This will be a three-phase project. Data conversion and migration to a
standard SQL Database will be in Phase I. Phase II will consist of query tools to work with the
data, and Phase III will be the actual replacement of the tax offices' applications (tax billing,
collections and CAMA processes). The Phase I & Phase II costs will be $127,880, and the
estimate for Phase III is $280,000. Phase I & II have been budgeted, and these two portions are
the only segments included in this request.
6. Request for Approval of the July 2007 Tax Releases and Refunds: Tax
Administrator Bill Doolittle requested approval of the following releases and refunds.
July 2007 TAX RELEASES & REFUNDS
Releases
Refunds
County
22,098.00
1,566.25
Solid Waste Fees
714.00
52.72
East Alexander Co. Fire #1
11.30
0
Shepherd's Fire # 2
139.16
0
Mount Mourne Fire # 3
22.25
59.96
All County Fire # 4
1,299.85
85.78
Statesville City
1,744.94
4.31
Statesville Downtown
0
0
Mooresville Town
5,692.45
0
Mooresville Downtown
0
0
Mooresville School
1,473.37
0
Love Valley
0
0
Harmony
0
0
Troutman
2,527.28
0
Total
$35,772.60
$1,769.02
A complete list, of the individual tax releases and refunds,
into the minutes by reference.
is hereby incorporated
7. Request to Apply for Dental Clinic Funds from The Sisters of Mercy Foundation:
Health Director Donna Campbell requested permission to apply for a $30,887 grant to be used
for a dental clinic digital Panorex X -Ray machine. If awarded, the funds will be received in
December 2007.
8. Request for Approval of a $16,793 Budget Amendment for Dental Equipment:
Health Director Donna Campbell requested permission to use $16,793 (Medicaid Maximization
funds and a portion of a Troutman family grant) for the purchase of seven dental lights and seven
left/right work surface arms that will be attached to the lower treatment consoles in each dental
room.
9. Request for Approval of an $8 Intranasal/Oral Vaccine Fee: Health Director Donna
Campbell requested permission to add an S8 intranasal/oral fee to CPT (Current Procedural
Terminology) Codes 90474 and 90474EP (administration fee). She said these codes were used
when one or more injectable vaccines and one intranasal/oral vaccine were provided.
10. Request for Approval of a $10,000 Budget Amendment for Participation in the
North Carolina Public Health Foundation Assessment Regarding Pandemic
Influenza Preparedness: Health Director Donna Campbell said her department's role in the
assessment would be to act as a liaison and advocate with "key community partners." She said
3
the assessment had two phases, with the first one involving nine counties. Campbell said each
county would be paid $5,000. She said four of the nine counties would be asked to participate
in Phase II and would be paid an additional $5,000. Campbell requested a budget amendment
for both phases, and she said a copier plus a one-year maintenance agreement would be
purchased for the Health Education and Emergency Planning Division. (Should the health dept.
only participate in Phase I, the $5,000 for Phase II will be used towards salary/fringe benefit line items to
supplant county funds.)
11. Request from the Health Department for Approval of an Amended Fee Policy:
Health Director Campbell said two fee policy changes were being requested. She said the first
one clarified dental emergency services, and the second change related to the inability to use debt
setoff, or any other type of collection agency, for family planning delinquent accounts.
Campbell said the latter change, or the Title X stipulation, was being followed up by the Board
of Health Chairman. She said previously, $8,439 was turned over to the debt setoff program for
collection, but with the new ruling, this would no longer be an option.
12. Request for Approval of a Memorandum of Understanding for the Cooperative
Extension Service (in -county extension services): Cooperative Extension Chairman Ken
Vaughn said the NC Cooperative Extension Service and the NC Association of County
Commissioners had developed a ten -page memorandum of understanding related to in -county
extension service. Mr. Vaughn said the agreement required that all new employees ("send -ins")
be payrolled through either NCSU or NCA&TSU. He said all current employees would be
classified as "non -send -in," but if a person retired, his/her successor would be a "send -in."
Vaughn said the aim of the document was to acquire uniformity across the state. He said that
after reviews of the MOU with the county manager, a recommendation for approval was being
made with the following changes:
Part II 1. Add: excluding longevity
(The sentence now reads! Provide Etre Counts scare of salaries and 6enefrfs for TXEension persomie'eve(udinq
(onyevif )
Part II 4. Add "or within 30 days after state budget approval by the General
Assembly and signed by the Governor."
(The sentence now reads: Review and" consider tse annul 6toil t request from NCCEJ/NCCi;P, anc(Eake
appropriate riate action 6� 9u� of eacs fiscal ear or wifdin 3o days af er state &+( apptma((y Me Crenera(?{ssem(� ant'
_d ped 6y Esse Governor.
Part 111 7.3.1 Extension personnel who remain in regular status will be eligible to
participate in the county 401 (k) program only on the county share of
the salary
(This is a clarification on the paragraph reading: �l(l'sen'in" �zEension Personne(wil(�artci�afesole� in
ditties Etre NorEti Carona %actiers anc'Sfate Zmp'o�ees Retrement STsEem an laccom�an�inj Nortti Carolina `19iia&lis
9ncome Plan, or tse Op6ona'9,e6remenf Plan, sased'on el�isilE criteria estas'istieW6 Etre Stale. 7 - key wifse efy6l,
so'e� for respecEve NCMor G(or NCF{ckl dmf to,yee kenefils for which they c(ual fi liasedlon their appoinEmenf anal F7:� ane'
former fe lerala��ointees wil(maintain fe (ra(sene�i, Etie empiloyer-paidlparfs of which wi(lse paidlfor so(e� 6y NCJ Z(or
NC7{,k9-)
Part 111 7.4 Omit
(The following paragraph is to be omitted:
O�tona'CaunE� �ai lJ'a'ary 9ncreases or $onuses to 2�femion Personnel
1{f Meir discretion, Counter mai award a (tona(permanenE sa(aT increases or one -lime pa awards to 2sf nsion
Personnel 9f Etiis isso desirec'sy Etie Coun� under Etie °sen (in ""� yrofarranggement, this, action must (e communicatec(to
Etie appropriate District tension Director's office no (afer flan the first of any month in wsics Etie dlesired'increase or Bonus
is to 6e applied)
13. Request for Approval of a Building Code Inspectors Career Development Proposal
Effective August 30, 2007 (next pay period): Code Enforcement Director Lynn Niblock said an
incentive proposal had been submitted in an effort to encourage inspectors to achieve a III
certification in as many classifications as possible. He said there were five categories (building,
4
electrical, plumbing, mechanical, & fire), but the fire inspections were handled through the
County Fire Marshal's Office. Niblock said with approval, it would be possible for one
inspector to accomplish different inspections at one site, and this would increase productivity.
A copy of the incentive proposal is as follows:
Building Code Inspector's Career Development
The Inspections Department desires to have each Building Code Inspector be qualified to perform
Standard Level III inspections in all trades. This allows each Inspector to inspect any structure in an
assigned geographic area regardless of the size of the structure. This plan has been established to
recognize the value of the work being performed at the most complex level of inspections as well as to
offer financial incentives to employees to secure and maintain Standard Level I, II and III certifications.
Classifications
Iredell County recognizes 3 levels of Building Code Inspectors: Building Code Inspector I,
Building Code Inspector II, and Building Code Inspector III.
Point System
Inspectors are classified based on the number of points they receive for each level of certification they
maintain. Points are awarded as follows: I point for each Standard Level I certificate; 2 points for each
Standard Level II certificate; and 3 points for each Standard Level III certificate.
Classification Standards
Classification standards are as follows: a Building Code Inspector I must maintain between 1 and 5 points;
a Building Code Inspector II must maintain between 6 and 9 points; and a Building Code Inspector III
must maintain 10 or more points.
Career Development
Iredell County will promote the career advancement of its Inspectors to acquire Building Code
Inspector III classification with Level III Standard certificates in all four building trades.
The hiring rates offered to Building Code Inspectors will be based on the point system.
Classification Points Hiring Step After Probation
Inspector 1-2 0 9
Inspectorll
Inspector III
10
11
12
19
13
15
17
13
15
17
9
13
19
In addition, consideration may be given for additional education or experience in determining the
hiring rate.
Salary Adjustments
Building Code Inspector's salaries will be increased as additional certifications are earned. A
I% increase will be given for each additional Level I certification awarded; a 2% increase will be
given for each additional Level II certification awarded; and a 3% increase will be given for each
additional Level III certification awarded. When a Building Code Inspector moves from one
level Inspector to the next, a 4.6% reclassification increase will be awarded in lieu of the
certification increase. In addition, Iredell County will reduce salaries and demote by the same
increments if certifications are decreased.
14. Request for Approval of a Pratt Industries Road Agreement & Resolution: Code
Enforcement Director Lynn Niblock presented an agreement for the construction of a Pratt
Industry access road for business development off of NC 90. Niblock said the bid could not
officially be awarded until the Department of Transportation Board approved the project, and the
next meeting would be held in October. He said, however, most of the engineering work had
already been accomplished. (The following resolution was approved for the Pratt road project.)
WHEREAS, the North Carolina Department of Transportation and Iredell County, propose to
make certain street and highway improvements; said plans consist of the construction for an access road
for business development off of NC 90 approximately 0.4 miles south of SR 1548; and
WHEREAS, the Department of Transportation and the County propose to enter into an
agreement for construction of'the aforementioned highway improvement whereby, the County agrees to
design the project plans, acquire rights -of --way and easements, and adfust utilities, award the construction
contract, and supervise protect construction; and
WHEREAS, the agreement further provides for the County to be responsible for the costs of
design and preparation of plans fbr the entire protect, for the costs of engineering and supervision of
construction of the entire protect, and for- administrative costs incurred in the acquisition of rights-of-
way and/or easements of the project; and
WHEREAS, said agreement further provides fbr the Department of Transportation to reimburse
the County, to the maximum extent of $488, 000 fbr the actual contract construction costs of the protect.
NOW, THEREFORE, BE IT RESOLVED that WBS 41036, Iredell County, is hereby formally
approved by the Iredell Countv Board of Commissioners and that the Chairman and Clerk to the Board
are hereby empowered to sign and execute the Agreement with the Department of Transportation.
15. Request for Approval of the August 7, 2007 Minutes
16. Request for Approval of the Funds Availability Form as Requested by Mitchell
Community College: Deputy County Manager Susan Blumenstein provided the following
information on the college's new student services building to be located on the main campus.
Student Services Building —Main Campus Project Estimate
$ 4,895,320.00
GO Bond Costs
50,000.00
Project Reserve Budgeted FY 07
(368,690.00)
FY 08
(229,060.00)
Excess Budgeted for Debt Service Payments FY 08
(117,500.00)
GO Bond Proceeds to Fund Project $ 4,230,070.00
GO Bonds Authorized
$ 6,000,000.00
Bonds Issued in FY 06 to purchase land in Mooresville
(700,000.00)
GO Bonds to Issue October 2007
5,300,000.00
Required to Complete Student Services Building
(4,230,070.00)
GO Bonds Available for Mooresville Campus
$ 1,069,930.00
17. Request for Approval of a Burning Ban as Recommended by the County Fire
Marshal: Fire Marshal Lloyd Ramsey said the North Carolina Forestry Service had
implemented a statewide burning ban until further notice. Ramsey said, however, the ban did not
affect property located within 100 feet of residences. He said this property would fall under the
local government's jurisdiction. Ramsey requested approval of a local ban to coincide with the
state. He said the ban would be lifted when the statewide ban was eliminated. Additionally, he
said many local governments had ordinances addressing burning bans.
Commissioner Johnson suggested for the fire marshal to obtain a legal opinion regarding
the need for a local ordinance.
------------------------------------------------END OF CONSENT AGENDA -----------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Nursing Home Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Mooresville Planning Board (ETJ) (1 appointment): Commissioner Tice nominated
Danny Martin.
6
No other nominations were submitted, and Chairman Norman made a otio to appoint
Martin by acclamation.
VOTING: Ayes — 5; Nays — 0.
Statesville Planning Board (ET.I) (I appointment): MOTIO by Commissioner
Johnson to postpone this appointment until the September 4 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (3 appointments):
Commissioner Williams nominated Dr. Johnny Elliott.
No other nominations were submitted, and Commissioner Tice made a Fotioto appoint
Elliott by acclamation and to postpone the other two appointments until the September 4
meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (4 appointments): Commissioner Tice nominated
Linda Piraino.
No other nominations were submitted, and Chairman Norman made a motio to appoint
Piraino by acclamation.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson to postpone the remaining three appointments until
the September 4 meeting.
VOTING: Ayes - 5; Nays- 0.
UNFINISHED BUSINESS
Case #0703-1: Planning Director Ron Smith submitted a copy of the findings -of -fact
from Case #0703-1 submitted by McLain Farms which was heard at the August 7, 2007 meeting.
Smith said the findings were developed based on the information submitted into evidence and
which was sworn at the August 7 meeting. He said the information was developed on that
testimony, and he asked for approval.
MOTION by Commissioner Johnson to find the findings -of -fact in regards to Case
#0703-1 to be in order, and that they be approved.
VOTING: Ayes — 4; Nays — 1 (Tice)
The findings are as follows:
CASE NO. 0703-1
FINDINGS -OF -FACT
CONDITIONAL USE PERMIT
Article XVII, Section 5 of the Iredell County Zoning Ordinance requires that the Board of Commissioners
make the following affirmative findings when presented with a request for a Conditional -Use Permit. The
following findings -of -fact have been developed based upon the information provided by the applicant,
comments and information provided at the August 7, 2007 Board of Commissioners meeting, and by the staff.
That the use requested is among those listed as an eligible Conditional Use in the district in which
the subject property is located or is to be located.
This is true; the applicant has requested uses that are allowed in the Heavy Manufacturing
Zoning District.
7
2. That the Conditional Use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as proposed.
This is true, the plant will be developed utilizing safety measures that will limit potential problems
and contain on-site materials in the event of a spill. Materials used in this process will largely be
non -hazardous and are not unlike pesticides, herbicides, and fertilizers used on adjacent farms.
These materials will be handled in a way that will minimize potential impacts on adjacent property
owners. The entrance way to the site will be moved to the specifications of NCDOT and all
applicable agencies will be required, through the conditions, to review the facility before operation
may commence. The location of the facility at [east 500 feet from all property lines will meet the
standards of more intensive uses and will lessen the potential.for impacts on adjacent property
owners.
That the Conditional Use meets all required conditions and specifications.
The specifications imposed voluntarily by the applicant (see "conditions of use" listed on staff
report) will be enforced by the Planning & Development Department. A site plan will be
required for this development at which time the Department of Planning and Development
would ensure that the required conditions are met.
4. That the location and character of the Conditional Use if developed according to the plan as proposed
will be in harmony with the area in which it is to be located and in general conformity with the plan of
development of the County and environs.
The surrounding area is comprised of agricultural and residential properties. The proposed
facility will utilize crops that are grown both on and off-site and will benefit local farms and
farmers. The conditions imposed on this property, including the setback requirement,
restriction of uses, buffers, agency approval requirements, and limitations on commercial
deliveries will aid in keeping harmony with the pattern of the area and the goals of the Iredell
County Land Use Plan and further County goals in supporting the existing agricultural uses
found throughout Iredell County.
PUBLIC COMMENT PERIOD: An opportunity was given for the public to speak, but
no one made a request.
COUNTY MANAGER'S REPORT: County Manager Mashburn said a written activity
report had been submitted. He also shared information about the following:
Mini -Retreat: A reminder was given to the board members about the mini -retreat to be held
on Thursday, September 6, 2007 (8 a.m. — 12 Noon) at the Springhill Suites/Marriott Conference
Facility in Mooresville, NC. Planning board members have also been invited to attend.
NACo Prescription Drug Cards: The cards became available in May 2007 with 25
participants that month. In June, 109 people used the cards, and in July, there were 138
participants. Based on the statistics, the average savings per prescription was about 23 to 24%.
CLOSED SESSION: MOTION by Chairman Norman at 7:45 p.m., to enter into closed
session for the purpose of discussing property acquisition matters — G.S. 143-318.11 (a) (5).
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:20 P.M.)
ADJOURNMENT: MOTION by Commissioner Tice to adjourn the meeting at 8:20 p.m.
(NEXT MEETING: Tuesday, September 4, 2007, at 5 and 7 p.m., in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approved:
Clerk to the Board