HomeMy WebLinkAboutNovember_20_2007_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 20, 2007
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 20, 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, Planning & Development Director Ron Smith, and Clerk to
the Board Jean Moore.
CALL TO ORDER by Chairman Norman.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA:
the following agenda adjustments.
Additions:
MOTION by Commissioner Tice to approve
Unfinished Business: Request to Award the Access Road Bids for Pratt Industries
Closed Session: G.S. 134-318.11 (a) (5) Property Acquisition
VOTING: Ayes — 5; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Presentation of the Comprehensive Annual Financial Report for Fiscal Year Ended
June 30, 2007 by Marcie Spivey, CPA, with Martin, Starnes & Associates: CPA Spivey
said an unqualified opinion had been rendered for the county's annual audit, plus there were no
material misstatements found. She said expenditures for the year totaled $136,716,489 while
revenues came in at $141,203,166.
---------------------------------------------CONSENT
MOTION by Commissioner Williams to approve the following 12 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were reviewed during the briefing session.)
1. Request for Approval to Apply for a Supplemental 2007 Emergency Management
Program Grant ($6,562 from state and $6,562 in matching funds): Emergency
Management/Communications Director David Martin said $6,562 in additional funding was
available, and the necessary match (50/50) could be derived from $5,000 in the departmental
supplies line item along with $1,562 in unspent training exercises funds. Martin said
monitoring/decontamination equipment, including the possibility of a decontamination tent, and
other supplies for the radiological team, would be purchased with the funds.
2. Request to Provide an Update Regarding Homestead Exclusion Law Changes: Tax
Administrator Bill Doolittle briefed the board on three changes affecting individuals (elderly and
permanently disabled persons) applying for property tax relief. The changes are as follows:
• The income limits changed from $20,500 to $25,000, but now includes income that was
not included in the past.
• The requirement of providing a copy of the Federal Income Tax return with new
application. (This is an income -based exclusion.)
• The increase for exemption from $20,000 or fifty percent (50%) of the qualifying
residence to $25,000 or fifty percent (50%) of the qualifying residence.
2. Request for Approval of the October Tax Refunds and Releases: Tax Administrator
Bill Doolittle requested approval of the following tax refunds/releases.
Releases for the month of October 2007
Breakdown of Releases: $120,463.24
County
72,675.94
Solid Waste Fees
698.50
E. Alex. Co. Fire #1
14.94
Shepherd's Fire #2
527.24
Mt. Mourne Fire #3
632.87
All County Fire #4
3,408.10
Statesville City
9,806.86
Statesville Downtown
19.95
Mooresville Town
28,244.57
Mooresville
Downtown
42.03
Mooresville School
4,310.52
Love Valley
0.00
Harmony
1.73
Troutman
79.99
Refunds for the month of October 2007
Breakdown of Refunds: $ 2,574.24
County
$1,106.77
Solid Waste Fees
$0.00
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$0.00
Mt. Mourne Fire #3
$12.67
All County Fire #4
$12.32
Statesville City
$8.09
Statesville Downtown
$0.00
Mooresville Town
$1,339.08
Mooresville
Downtown
$0.00
Mooresville School
$95.31
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
3. Request for Approval of 6 -Mile Insurance District Maps for Volunteer Fire
Departments: The six—mile insurance district boundaries were approved for 19 VFDs, and a
resolution summarizing this action is as follows:
RESOLUTION
APPROVING INSURANCE DISTRICT BOUNDARIES
WHEREAS, fire district boundaries for incorporated volunteer fire departments are
established by boards of county commissioners pursuant to N.C.G.S. 153A-233, which districts
are also used for insurance grading purposes; and
WHEREAS, the fire district boundaries in the unincorporated portion of Iredell County
need to be revised to change the way they have historically been described from a point to point
description to maps created on the GIS system, and to reflect annexations by municipalities in
the County; and
WHEREAS, the Iredell County Fire Marshal has created new fire insurance district
maps using the GIS system for the following fire districts which are incorporated by reference
into Exhibit A to this Resolution: B& F, Central School, Cool Springs, County Line, Ebenezer,
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Harmony, Lake Norman, Lone Hickory, Monticello, Mount Mourne, Sheffield-Calahaln,
Shepherds, South Iredell, Stony Point, Trinity, Union Grove, Wayside, West Iredell and Wilkes-
Iredell.
NOW, THEREFORE BE IT RESOLVED that the Iredell County Board of
Commissioners approves the boundary lines of the Fire Insurance Districts shown on Exhibit A,
exclusive of current or future municipal town limits, and as represented in the scaled GIS
produced map certified by the County Fire Marshal and referenced in Exhibit A.
(See Briefing Minutes for additional information.)
4. Request from the Solid Waste Department for Approval of Contracts Related to
Debris Removal: Solid Waste Director David Lambert and Emergency
Management/Communications Director David Martin presented three pre -event emergency
contracts. They said in response to a component of the Emergency Management Plan, a
committee was established to outline the needs that would result from a disaster or emergency.
Lambert said debris removal was identified, and (1) a scope of services was created (2) RFPs
were requested and (3) recommendations were now being made, as follows, for companies to
provide this service.
a. Contract with CrowderGulf for Debris Removal Services: This company,
based in Alabama, submitted a comprehensive cost list for the removal of such items as trees,
stumps, dead animals, and so forth. It was noted also that the company would transport any
equipment necessary to remove the debris.
b. Contract with RW Beck for Debris Removal Monitoring Services: Lambert
said the necessity for this monitoring contract was due to a FEMA regulation prohibiting debris
removal companies from monitoring themselves. (This company, based in Florida, submitted a
flow chart indicating the methods to be used in monitoring truck load disposal tickets, the
reconciliation of contractor invoices, in audit oversight, and in resolution of appeals, among
other items.)
c. Approval of a Memorandum of Agreement with the NCDOT for Emergency
Removal of Debris: This memorandum will be activated if the state department is needed to
remove debris from secondary roads during a State of Disaster or Imminent Threat of a Disaster
as defined by G.S 14 & G.S. 166A.
Martin said the contracts would not be activated until an emergency had been declared,
and there had to be a Presidential Declaration to receive FEMA funds. He said the federal
government would be using more pilot programs for the awarding of Homeland Security funds,
and emergency contracts would help in securing future funding.
5. Request for the Selection of a Firm to Provide a Comprehensive Land Use Plan:
Planning/Development Director Ron Smith said the county's land use plan was approved in
1997, and it had been amended numerous times. He said a Request for Proposals was sent out to
seven firms and the following three submitted costs estimates.
Clarion Associates $ 89,500
Benchmark $ 89,711
Jordan Jones and Goulding $182,000
Smith recommended Clarion Associates for the work. He said $50,000 was available in
this year's budget to pay for part of the plan, and the remainder could be paid out of FY 08-09 funding.
Deputy County Manager Blumenstein said the project could be pre -audited as a multi-
year contract.
6. Request for Approval of a Method (Land Use Planning Process) to Develop Urban
Service Areas (USAs): Planning/Development Director Ron Smith said the updated land use
plan would identify high growth areas. He suggested that any USA agreements be addressed
through the new land use plan.
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7. Request to Call for a Public Hearing on December 4, 2007 Regarding the Enhanced
Voluntary Agricultural District Ordinance: Planning/Development Director Ron Smith said
the General Assembly approved a new method called the Enhanced Voluntary Agricultural
District (EVAD) to protect farmland. He cited the following four differences between the
EVAD and the Voluntary Agricultural District (VAD) Ordinance.
• The conservation agreement is irrevocable for a period of 10 years
• Properties in an EVAD may receive up to 25% of their gross sales from the sale of non-
farm products and still qualify as a bona -fide farm that is exempt from zoning.
• Properties in an EVAD are eligible to receive the higher percentage of cost -share funds
for the benefit of that farmland.
• State departments, institutions, or agencies that award grants to farmers are encouraged to
give priority consideration to any person who farms land that is in an EVAD.
Smith said an EVAD would not replace the county's existing VAD -- it would just add
the four items. He said prior to the public hearing, the staff would try to define "non-farm"
products.
Farmland Preservation Committee Chairman Jim Dobson added that review of the EVAD
started in July of this year.
8. Request for Permission to Apply for North Carolina Sedimentation Control
Commission Assistance Funding: Planning/Development Director Ron Smith said assistance
funds were available for soil erosion/sedimentation programs with there being a minimum 60%
local match. He said the funding would not be available until after the state's FY 08-09 budget
was adopted, and the funds would primarily be for new programs. Smith said any remaining
funds would be used to expand or enhance existing programs. He continued by saying; however,
the money could not be used for past start-up expenses.
9. Request for the Appointment of a Commissioner to the NC 3 Corridor Study
Committee: Planning/Development Director Ron Smith said Mooresville, Kannapolis,
Cabarrus County and Iredell were the participants in this committee. He said that due to a request
from Cabarrus County to allow one of their commissioners to serve on the committee, an
invitation was extended to the other governmental units to appoint a representative. Smith said
the meetings were held at the Mooresville Town Hall Building.
Commissioner Ken Robertson agreed to serve on the committee contingent upon the
meetings being conducive to his work schedule. (Night meetings are his preference.)
10. Request from the NC Social Services Association (Iredell County DSS Branch) for
Approval to Solicit on County Property: Deputy County Manager Susan Blumenstein said that
due to a long-time precedent, approval was recommended for this request. She said charitable
organizations were the beneficiaries of the fundraisers.
11. Request for Approval of a Three -Year -Lease Renewal with the NC Department of
Environment & Natural Resources (DENR) at the Iredell County Government Center -
South: Deputy County Manager Susan Blumenstein recommended approval of this three-year
lease for 108 sq. ft. of space occupied by DENR employees.
12. Request for Approval of the November 6, 2007 Minutes
-----------------------------------------------END OF CONSENT AGENDA -----------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Board of Health (5 announcements)
Home and Community Care Block Grant Committee (5 announcements)
Criminal Justice Partnership Program Committee (7 announcements)
Lake Norman Marine Commission (1 announcement): MOTION by Commissioner
Tice to amend the board's Rules of Procedure pertaining to announcements/appointments and to
appoint Ron Shoultz to the marine commission by acclamation.
VOTING: Ayes — 5; Nays — 0.
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APPOINTMENTS TO BOARDS & COMMISSIONS
Statesville Planning Board (ETJ) (1 appointment): MOTIO by Commissioner Tice
to postpone this appointment until the December 4 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Communitv Advisory Committee (2 appointments): MOTION by
Commissioner Johnson to postpone these two appointments until the December 4 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (5 appointments): Commissioner Williams
nominated Brenda Speece.
MOTION by Commissioner Johnson to appoint Speece by acclamation and to postpone
the remaining four appointments until the December 4 meeting.
VOTING: Ayes — 5; Nays — 0.
Communitv Alternatives Program for Disabled Adults (CAP -DA) (6
appointments): Commissioner Williams nominated Laurie Klum (DSS), Jackie Negley
(Council on Aging), Carolyn Lamb (DSS), Leigh Ann Darty (Hospice), Karen Nevitt (Gentiva
Health Services), and Renae Karriker (Brian Center).
MOTION by Chairman Norman to appoint Mum, Negley, Lamb, Darty, Nevitt, and
Karriker to the CAP -DA committee by acclamation.
VOTING: Ayes — 5; Nays — 0.
Troutman Planning & Zoning Board (ETJ) (1 appointment): Commissioner Johnson
nominated Scott Murdock.
MOTION by Chairman Norman to appoint Murdock by acclamation.
VOTING: Ayes — 5; Nays — 0.
Crossroads Behavioral Healthcare Board (1 appointment): Commissioner Williams
nominated Iris Mayberry.
MOTION by Chairman Norman to appoint Mayberry by acclamation.
VOTING: Ayes — 5; Nays — 0.
Recreation Advisory Board (4 appointments): Commissioner Robertson nominated
Mike Tsitourus, Bob Howell, Barbara Thorson, and David Steen.
MOTION by Chairman Norman to appoint Tsitourus, Howell, Thorson and Steen by
acclamation.
VOTING: Ayes — 5; Nays — 0.
UNFINISHED BUSINESS
Access Road for Pratt Industries: Code Enforcement/Inspections Director Lynn
Niblock said bids were opened on November 16, 2007 for the Pratt access road. He said the
submitted bids were as follows:
Huffman Grading $435,455.00
Insite Development $543,000.00
Gilbert Engineering $674,476.00
Mr. Niblock said only Huffman Grading submitted a bid less than the budgeted amount of
$488,000. He said one of Huffman's subcontractors; however, was not on the North Carolina
Department of Transportation's approved certified contractors' list (MBE contractor). Niblock
said due to time constraints, a recommendation was being made as follows:
1. Award the contract to Huffman Grading pending approval of their good faith effort by the
NCDOT.
2. If the NCDOT denies Huffman's good faith effort, to allow Niblock to negotiate with the second
lowest bidder (Insite Development) in an effort to bring the project under budget.
3. If negotiations with Insite Development are unsuccessful, permission to rebid the project.
MOTION by Commissioner Johnson to award the bid to Huffman Grading as recommended
by Mr. Niblock with the three suggestions.
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD
Attorney Anthonyspoke in regards to the updated land use plan and the Enhanced
Voluntary Agricultural District (EVAD) Ordinance. He said citizens represented by him desired
to provide input into the new land use plan. Also, he said that in regards to the December 4
EVAD public hearing, many people would not have adequate time to review the information due
to the Thanksgiving holidays. Fox said he understood citizens would be allowed to speak at the
public hearing, however, the citizenry needed to understand the ordinance prior to the hearing.
Mr. Fox said the planning director was even unclear as to what constituted a "non-farm product,"
and his clients were interested in this particular aspect of the proposed ordinance.
Plannin¢ and Development Director Smith said the EVAD ordinance did not have to be
approved at the December 4 meeting. He added that in regards to the updated land use plan,
public input would be requested.
Attorney Bobby Sullivan spoke on behalf of the same clients and the same topics. He
said many people attended public hearings just to understand the proposed action, and they
didn't necessarily have time to formulate questions. Sullivan requested that a "clear" EVAD
proposal be submitted, especially the part pertaining to the 25% of sales from non-farm products.
Farmland Preservation Committee Chairman Jim Dobson said this particular item was
encompassed in the "Goodness Grows in North Carolina" program. He asked Attorney Pope if
he knew what products were included in the program.
Pope said he did not know them.
(Sam Hall and Charles Carter had also signed up to speak; however, they declined the
offer to address the board.)
COUNTY MANAGER'S REPORT: A written activity report was distributed.
CLOSED SESSION: MOTION by Chairman Norman to enter into closed session
pursuant to Property Acquisition — G.S. 143-318.11(a) (5) at 7:45 P.M.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:30 P.M.)
ADJOURNMENT: MOTION by Chairman Norman to adjourn the meeting at 8:30 P.M.
(NEXT MEETING: Tuesday, December 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.
Approval:
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Clerk to the Board