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HomeMy WebLinkAboutOctober_2_2007_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 2, 2007 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 2, 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 Johnson PLEDGE OF ALLEGIANCE: Boy Scout Troop 174, affiliated with First United Methodist Church in Troutman, NC, assisted with the pledge. The scouts attending were Nick Holland, Alex Hall, Tre Reid, Carson Foster, Dustin Clonz, Kendell Cook, David Earl, Matthew Holbrook, Adam Murray, and Colin Murray. Assistant Troop Leaders Gary Cook, David Foster, Trent Holbrook, and Frank Hall accompanied the boys to the meeting. ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to approve the agenda adjustments as follows: Addition: • Call for a Public Hearing on Tuesday, October 16, 2007 at 7:00 P.M. Regarding the Release of Zoning Jurisdiction to the Town of Mooresville for LCB Properties located at 357 Mazeppa Road, Mooresville, NC VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD The Candlelight Vigil Committee Reguests the Adoption of a Resolution Recognizing the Problem of Child Abuse: MOTION by Commissioner Robertson to approve the following resolution. VOTING: Ayes — 5; Nays — 0. RESOL UTION RECOGNIZING THE PROBLEM OF CHILD ABUSE WHEREAS, the abuse and neglect of children is a family and societal problem of local, state, and national significance; and WHEREAS, it is important to recognize that children are abused at the hands of their parents and caregivers; and WHEREAS, children are known to have died in North Carolina during 2006 due to abuse or neglect that was inflicted upon them by their parents or caregivers; and WHEREAS, it is important to remember the innocent children who died in North Carolina during the year 2006. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners calls upon Iredell County communities to dedicate Thursday, October 18, 2007, as a day of remembrance for the unknown number of children who have suffered as a direct result of abuse and neglect and for the innocent children known to have died due to abuse and neglect in North Carolina during the year of 2006. BE IT FURTHER RESOLVED, that the Iredell County Board of Commissioners encourages the public to attend a Candlelight Vigil to be held Thursday, October 18, 2007, 6:30 P.M, at The Presbyterian Church of the Springs located at Highway 21/115 and Moose Club Road, in Barium Springs, North Carolina to remember these young victims and to focus on the problem of child abuse. David Crosby, a member of the committee, accepted the resolution and invited the board members, as well as the general public, to attend the vigil. Diane Pfeil and John Beliveau Discuss Problems in Southern Iredell County with Door -to -Door Salespeople: John Beliveau, a Mooresville resident, and the chairman of his community watch group, mentioned problems his neighborhood was having with individuals soliciting. He said some of the solicitations were legitimate, but many were not. He said some were scam artists from out-of-state, and they worked in groups. Beliveau said larceny was serious; however, the residents were primarily concerned about their family's safety, especially for the children. He said some residents had actually been threatened, and due to this, reputable groups were now being turned away. Mr. Beliveau said the act of trying to curtail solicitation was a debatable issue in the Supreme Court, but he felt the salespersons should be required to obtain a permit from the county. He requested for the county to implement a ban on solicitation unless the salespeople had permits, with the exception of nonprofits registered with the state, as well as schools and their sports organizations. Beliveau said he owned a business, and as such, he had purchased a business license. He said others, selling a product, should also have to buy a license or permit. He said www.travelingsalescrew.com was a web site the public could use to learn more about legitimate and un -legitimate direct sells businesses. Mrs. Pheil said the salespeople approached children in her neighborhood, and this was a concern. She said the salespeople frightened the children. Commissioner Johnson said he understood the county had no general authority to prohibit these types of sales. He asked Attorney Pope to further elaborate on the issue. Attorney Pope said the laws were fairly clear the county had no enabling legislation to restrict the activity; however, he felt the county might be able regulate it through some type of permit process. Commissioner Williams asked what county department would regulate the permits. County Manager Mashburn said the activity would probably occur through the planning and development department. Commissioner Johnson said parameters would need to be established. He suggested that Attorney Pope research the issue and decide how "strenuously" the county could regulate the activity. Johnson suggested that Mr. Pope then discuss the matter with Mr. Mashburn. Commissioner Robertson said any approved ordinance or policy needed "teeth" to be beneficial. Beliveau said the sellers knew their First Amendment rights, but it was felt a permit requirement would discourage many of the solicitors. He said many residents disliked the idea of placing no trespassing or no solicitation signs in their yards. Mr. Beliveau asked for a timeframe on Attorney Pope's review. Chairman Norman said a specific timeframe could not be provided. PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing. 2 Proposed Amendment to the Iredell County Zoning Ordinance, Article III, Section 3.9, Accessory Buildings & Structures: Planning & Development Director Ron Smith reviewed the proposed changes to this section of the zoning ordinance as follows: PLANNING STAFF REPORT ORDINANCE: Zoning Ordinance SECTION: Article III, Section 3.9 Accessory Buildings and Structures Section 3.9 Accessory Buildings and Structures Accessory buildings and structures shall meet be exempt from setbaelk and yard requirements provided they are located in accordance with the following requirements: A. In residential zoning districts, accessory buildings and structures: Shall not be erected in front of the front building line of the principal structure, except as provided for in B. below; 2. Shall not be erected within twenty-five (25) feet of any side street on a corner lot; 3. Shall not be erected within ten (10) feet of any property line not a street line or within ten (10) feet of any other building on the same lot; 4. Shall not exceed the height limitation of the district in which ,.sated ....less otherwise exempt or specifically regulated by this Ordinance principal structure; 5. Shall not exceed a maximum total area_of fifty X50) percent of the -gross floor area ..r tl.,... .,1 I...na:.... .. six 1,...,,1..,.,1 (600) square e,.,.t .. 1.;..1.... pr- is .,t,,... and, ..hall of than (30) ..t o f a ...1 , , , excluding privately owned airplane hangers: The size limitations for accessory buildings are as follows: a. In the RA district the following restrictions apply: i. On tracts of land less than 5 acres, the total square footage of all accessory buildings and structures shall not exceed 3500 square feet. ii. On tracts of land 5 acres or more, there shall be no combined total square footage requirement, however no one (1) accessory building or structure's square footage shall exceed 3500 square feet. b. In the R-8, R -8A, and R-12 districts the total square footage of all accessory buildings or structures shall not exceed fifty (50%) percent of 111 I • 11 1 � 11 The size limitations for accessory buildings are as follows: a. In the RA district the following restrictions apply: i. On tracts of land less than 5 acres, the total square footage of all accessory buildings and structures shall not exceed 3500 square feet. ii. On tracts of land 5 acres or more, there shall be no combined total square footage requirement, however no one (1) accessory building or structure's square footage shall exceed 3500 square feet. b. In the R-8, R -8A, and R-12 districts the total square footage of all accessory buildings or structures shall not exceed fifty (50%) percent of the total square footage of the principal building or six (600) square feet whichever is greater, nor cover more than 30% of the rear yard. C. In the R -R, RU -R, and R-20 districts, the total square footage of all accessory buildings and structures are as follows: i. On a parcel of land less than one acre, the total square footage of all accessory buildings or structures shall not exceed fifty (50%) percent of the total square footage of the principal building or six (600) square feet whichever is greater. H. On a parcel of land one (1) acre to two (2) acres in size, the total square footage of all buildings shall not exceed two -thousand (2000) sg. ft. If the total square footage of any one (1) building exceeds 1200 square feet that building shall not be located closer than fifty (50) feet to any exterior propertv line. iii. On a parcel of land greater than two (2) acres in size, the total square footage of all buildings shall not exceed 3500 sg ft. If the total square footage of any one (1) building exceeds hundred (1200) sg. ft., that building shall not be located closer than fifty (50) feet to any exterior property line. d. Privately owned airplane hangers are exempt from size limitations, but shall meet the accessory building setback requirements as described in A (1), (2) and (3) above. 6. Shall not be permitted except as accessory to a principal building either existing or under construction in the same lot. Shall not be used for human habitation except as provided for in SR 51 Accessory Dwelling Unit. B. Notwithstanding A (1) above, in residential districts on lots of one (1) acre or larger, an accessory building or structure may be located in the front yard provided it is not located within one hundred and fifty (150) feet of the frontage street right-of-way line. In addition in any residential district, one gazebo -type accessory building may be located in the front yard provided it is set back at least one-half ('/2) the required setback for the principal building. C. In non-residential zoning districts, accessory buildings and structures: May be located in front of the front building line of the principal building, but shall follow the same front yard setback as the principal building; 2. Shall comply with A (2),(3) and (4) above. STAFF COMMENTS: The Planning staff would like to submit these changes to the Accessory Buildings and Structures section of the Zoning Ordinance. This has been a difficult section for the staff to administer, and the public to understand based on the confusing way the text is worded. Therefore, we have attempted to clarify the standards, while not changing the intent. PLANNING BOARD RECOMMENDATIONS: On August 1, 2007, the Planning Board voted 10-0 to recommend approval of this request and to advise that it is consistent with the County Land Use Plan. Commissioner Tice clarified that the 3,500 sq. ft. limitation would not affect farm buildings. Smith said this was correct. 4 Commissioner Johnson clarified that the 3,500 sq. ft. cap was also for business occupations. Smith said this was correct. No one else desired to speak. MOTION by Commissioner Tice to approve the proposed ordinance amendments and to make a finding that approval was consistent with the adopted County Land Use Plan and that said approval was reasonable and in the public interest due to consistency with the County Land Use Plan; as a result, said approval furthers the goals and objectives of the County Land Use Plan. VOITNG: Ayes - 5; Nays - 0. Proposed Revision to the Airport Hazard Ordinance, Appendix D: Planning and Development Director Ron Smith said his office was coordinating ordinance amendments with the City of Statesville due to recent improvements and expansions at the Statesville Regional Airport. He said a map was included in the approval request, and it encompassed a large section of West Iredell. Smith said the telecommunication tower moratorium would expire on October 5, 2007; however, no new tower requests had been submitted. No one else desired to speak. MOTION by Commissioner Johnson to approve the revisions to the airport hazard ordinance as presented. VOTING: Ayes — 5; Nays — 0. The approved amendments are as follows: APPENDIX D AIRPORT HAZARD ORDINANCE Section 101. Authority and enactment. The Legislature of the State of North Carolina has, in Chapter 63, Article 4, Model Airport Zoning Act, authorized local governmental units to adopt regulations designed to protect the public health, public safety, and general welfare of their citizenry. The Iredell County board of commissioners does hereby ordain and enact into law the following article as the Airport Hazard Ordinance of Iredell County. Section 102. Definitions. For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section: Airport means the Statesville Regional Airport. Airport Elevation means the established airport elevation above mean sea level, which is 965 feet at Statesville Municipal Airport. Airport hazard means any structure or tree which obstructs the aerial approaches of a publicly owned airport or is otherwise hazardous to its use for landing or taking off. Approach Surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 103 of this Ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. Conical Surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. Height means the vertical distance from the ground elevation to the highest point of a structure or tree, including any appurtenance thereon. Horizontal Surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. Nonconforming Structure means any structure or tree which does not conform to this ordinance as of the effective date of these regulations. Non -Precision Instrument Runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with one horizontal guidance, or are type navigation equipment, for which a straight -in non -precision instrument approach procedure has been approved or planned. Precision Instrument Runway means a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. Primary Approach Surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the pavement with zero slope at the elevation as set forth in Section 103 of this Ordinance. In plan, the perimeter of the primary approach surface coincides with the perimeter of the primary approach zone. Primary Surface means a surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 1,000 feet wide and centered on the runway centerline. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length. Structure means any object, constructed or installed by human labor, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines. Transitional Surfaces means surfaces that extended outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles tot he extended runway centerline. Tree means any object of natural growth. Section 103. Airport zones. In order to carry out the purposes of this ordinance, there are hereby created and established certain zones, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Statesville Regional Airport. Such zones are shown on the Height Zoning Map, prepared by W.K. Dickson dated September 2007, which is attached to this ordinance and made part hereof. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Non -Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly at a slope of 34 feet horizontally for every 1 foot vertically to a width of 4,000 feet at a horizontal distance 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (b) Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly at a slope of 50 feet horizontally for every 1 foot vertically for a horizontal distance of 10,000 feet, then at a slope of 40 feet horizontally for every 1 foot vertically to a width of 16,000 feet for a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (c) Primary Approach Zones. The Primary Approach Zones begin at each runway end starting at the pavement edge at a width of 1,000 feet and extend to a width of 6,940 for a horizontal distance of 20,000 feet. This zone provides that no structure may be built within this zone that rises above the Runway End elevation of 958.7 on the Primary Approach Zone to Runway End 10 or 957.7 on the Primary Approach Zone to Runway End 28. (d) Primary Zone. The primary zone is the area beneath the primary surface. This zone extends 200 feet beyond each end of the runway, has a width of 1,000 feet, and is centered on the runway centerline. (e) Transitional Zones. The transitional zones are the areas beneath the 7 foot horizontal to 1 foot vertical transitional surface. (f) Horizontal Zone. The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. This zone contains the Horizontal Surface, which is located 150 feet above the established airport elevation. (g) Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. This zone contains the Conical Surface, which contains a slope of 20 horizontally for every 1 foot vertically. Section 104. Height limitations. No structure or tree shall be erected, altered, allowed to grow or maintained in the airport zones to a height in excess of the height limit as determined by the aerial contours appearing on the Height Zoning Map or referred to in Section 103. Except for the City of Statesville, the property owner of a tree, determined to be an airport hazard, shall not be responsible for bringing such tree into conformance with this ordinance. Section 105. Use restrictions. Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult to for pilots to distinguish between airport lights and others, resulting in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Section 106. Nonconforming structures. Subject to the provisions of subsection (a) of Section 108, the regulations prescribed in Section 104 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of December 3, 2003. Section 107. Variances. Variances may be permitted by the board of adjustment where a literal application or enforcement of the regulations prescribed by this ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest or impair the utility of the airport, but do substantial justice and be in accordance with the spirit of this ordinance. 6 Section 108. Permits. (a) Future structure. No person shall erect or alter any structure within the airport zones without first applying for and receiving a permit in accordance with the provisions of this ordinance. (b) Existing structures. Before any existing structure may be replaced, substantially altered or repaired, or rebuilt within the airport zones, a permit must be secured authorizing such replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure to be made or become higher than the height limit as determined by the aerial contours appearing on the Height Zoning Map or referred to in Section 103. (c) Permit requirements. When compliance with the aerial contour height limits cannot be clearly established without further information, the zoning administrator may require that the permit include, but not be limited to, the ground elevation of the area in question with certification by a registered land surveyor or professional engineer. 4 Section 109. Hazard marking and lighting. Any permit or variance granted under Section 107 or 108 may, if such action is deemed advisable to effectuate the purposes of this ordinance, be so conditioned as to require the owner of the structure or tree in question, to permit the City of Statesville, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Section 110. Duties of zoning administrator. The zoning administrator is hereby designated the administrative official charged with the duty of administering and enforcing the regulations prescribed in this ordinance. The duties of the zoning administrator shall include that of hearing and deciding all applications for permits under Section 108, but the zoning administrator shall not have or exercise any of the powers or duties herein delegated to the board of adjustment. Section 111. Board of adjustment. (a) The board of adjustment is to have and exercise the following powers: (1) To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator in the enforcement of this ordinance. (2) To hear and decide specific variances under Section 107. (b) The board of adjustment may adopt rules establishing procedure. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman or, in the absence of the chairman, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board of adjustment and shall be a public record. Section 112. Appeals. (a) Any person aggrieved, or any officer, department, board, commission or bureau of the county affected, by any decision of the zoning administrator made in the administration of this ordinance may appeal to the board of adjustment, for which provision is made in Section 111. (b) All appeals taken under this ordinance must be taken within the time provided by the rules of the board of adjustment, by filing with the zoning administrator and with the board of adjustment a notice of appeal, specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed was taken. (c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of adjustment, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order of the board of adjustment or by a court of record on application, on notice to the zoning administrator and on due cause shown. (d) The chairman of the board of adjustment shall fix a reasonable time for the hearing of the appeal and cause public notice to be given together with notice to the parties in interest. The board of adjustment shall decide the appeal within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. All witnesses will be sworn and a record of the proceedings shall be kept. (e) The board of adjustment may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken. (f) Before the board of adjustment considers a variance request or hears an appeal from any order, requirement, decision or determination made under the provisions of this ordinance, the Statesville Airport Commission shall be given an opportunity to make recommendations with respect to the variance or appeal. (g) The board of adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts, in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this ordinance. (h) The concurring vote of four-fifths of the members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance. Section 113. Judicial review. Any person, any taxpayer or any officer, department, board or bureau of the county aggrieved by any decision of the board of adjustment, may petition for a writ of certiorari to the superior court as provided in 7 G.S. 63-34. Section 114. Enforcement and remedies. Each violation of any regulations, order, or ruling made pursuant to this ordinance shall constitute a Class 3 misdemeanor. Each day a violation continues to exist shall constitute a separate offense. In addition, the county may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this ordinance or of any order or ruling made in connection with its administration or enforcement. The court shall provide relief, by injunction or otherwise in order to fully effectuate the purposes of this ordinance and orders and rulings made pursuant thereto. Section 115. Adoption. Duly adopted by the Board of Commissioners of the County of Iredell, North Carolina, this the 4th day of May, 2004. Jean C. Moore Clerk Additionally, the zoning map is hereby incorporated into the minutes by reference. -----------------------------------------------CONSENT AGENDA --------------------------------------- items. MOTION by Commissioner Tice to approve the following seven (7) consent agenda VOTING: Ayes — 5; Nays — 0. (All requests were explained during the briefing session.) 1. Request for the Consideration of an Amendment to the Zoning Ordinance in Conjunction with Conditional Zoning Districts: The planning department will submit a proposed zoning ordinance amendment at a future meeting in an attempt to simplify the conditional use district process. The new procedure will allow communication between the commissioners, the applicant, and interested citizens prior to any public hearings. (Additional information may be found in the briefing minutes.) 2. Request from the Sheriff's Department for Approval of Budget Amendment #15 to use $3,250 in Seized funds for the Purchase of Flashlights and Camera Equipment for the Investigations Section: Chief Deputy Rick Dowdle said the $3,250 in federal equity funds would buy specialized equipment (flashlights/camera accessories) to aid the investigations section. 3. Request from the Sheriff's Department for Approval of Budget Amendment #16 to use $36,120 in Seized Funds for the Purchase of Equipment Associated with the Lifesaver Program: Chief Deputy Rick Dowdle said the $36,120 would be used to purchase the following items: $30,720 for 4 Lifesaver Units @ $7,680 ea. (Includes 2 receivers; 2 antennas; 2 transmitters batteries/bands along with training) $ 5,400 for 18 additional transmitters @ $300 ea. $36,120 Dowdle said the Lifesaver program used wristband transmitters and handheld receivers to track Alzheimer's patients who had wandered away from their homes or living quarters. 4. Request for Approval of Budget Amendment #17 to Authorize the Expenditure of $64,500 for the Waiver of Fifth Street Shelter Ministries' Tipping Fees: Due to the construction of a new shelter, Fifth Street has requested a fee waiver for 150 tons of debris materials. In addition, there will be an estimated 2,000 tons of demolition debris from the current building. The board members agreed to the waiver and to allow the staff to appropriate fund balance for special appropriation to Fifth Street. Then, the funds will be used to pay the solid waste tipping fees associated with the new construction and for the demolition materials taken to the landfill from the older structure. (Note: Due to the 1992 bond documents stipulating there would be no free services at the landfill, Deputy County Manager Blumenstein checked with Branch Banking & Trust on this request. She said the bank had no problems with this type of waiver.) a 5. Request for Approval of a Proclamation Proclaiming October 7-13, 2007 as National Long -Term Care Residents' Rights Week in Iredell County: The following resolution was approved, and the board members were invited to an event on October 4, 2007 from 2:00 - 4:00 PM at the Statesville Senior Center. National Long -Term Care Residents' Rights Week 2007 Advancing Erce[fence: A 4Z0dent's Perspective on Quality WHEREAS, there are nearly 1.7 million individuals living in 17,000 nursing homes; and 1 million individuals living in 45,000 board and care/assisted living facilities in the U.S.; and WHEREAS, the federal Nursing Home Reform Act of 1987 guarantees residents their individual rights in order to promote and maintain their dignity and autonomy; and WHEREAS, all residents should be aware of their rights so they may be empowered to live with dignity and self-determination; and WHEREAS, we wish to honor and celebrate these citizens, to recognize their rich individuality, and to reaffirm their rights as community members and citizens, including the right to have a say in their care; and WHEREAS, individuals and groups across the country will be celebrating Residents' Rights Week with the theme— "Advancing Excellence: A Resident's Perspective on Quality"— to emphasize the importance of affirming these rights through facility practices, public policy, and resident -centered decision-making that impacts quality of care and quality of life. Now, therefore, the members of the Iredell County Board of Commissioners do hereby proclaim October 7 — 13, 2007 as National Long -Term Care Residents' Rights Week in Iredell County, and encourage all citizens to join us in observing this special celebration. 6. Request for Approval of the September 18, 2007 Minutes 7. Call for a Public Hearing on Tuesday, October 16, 2007, regarding the Release of Zoning Jurisdiction to the Town of Mooresville for LCB Properties (Kyle Busch Motor Sports) located at 357 Mazeppa Road, Mooresville, NC: (See briefing minutes for additional information about this item.) OF CONSENT AGENDA Request for Approval of a Resolution Providing for the Issuance and Sale of a $4,500,000 Special Obligation Bond (Solid Waste System Project) Series 2007, Pursuant to Provisions of Section 210 of the Bond Order Authorizing and Securing Special Obligation Bonds (Solid Waste System Project) Adopted by the Board on April 15, 1992: Deputy County Manager Susan Blumenstein said (1) the bond funds would be used for two projects at the solid waste facility on Twin Oaks Road (2) there would be no pledge of the county's taxing power and (3) the debt service would be paid from net solid waste revenues. The resolution in its entirety is as follows: SERIES RESOLUTION OF THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL PROVIDING FOR THE ISSUANCE AND SALE OF A $4,500,000 SPECIAL OBLIGATION BOND (SOLID WASTE SYSTEM PROJECT), SERIES 2007 OF SAID COUNTY PURSUANT TO THE PROVISIONS OF SECTION 210 OF THE BOND ORDER AUTHORIZING AND SECURING SPECIAL OBLIGATION BONDS (SOLID WASTE SYSTEM PROJECT) ADOPTED BY SAID BOARD ON APRIL 15, 1992 WHEREAS, under the Constitution and laws of the State of North Carolina, including, particularly, the North Carolina Solid Waste Management Loan Program, being Chapter 1591 of the General Statutes of North Carolina, as amended, the County of Iredell, North Carolina (the "County") is authorized and empowered: (i) to borrow money for the purpose of financing or refinancing the cost of the acquisition or construction of solid waste management projects and to issue special obligation bonds and notes for such purpose; and 9 (ii) to agree to apply to the payment of such special obligation bonds or notes any available source or sources of revenues of the County specifically identified for such purpose, and to the extent that the generation of such revenues is within the power of the County, to enter into covenants to take action in order to generate such revenues, provided that such agreement to use such sources of revenues to make such payments or any such covenant to generate revenues does not constitute a pledge of the County's taxing power; and WHEREAS, pursuant to a bond order (the "Order") and a series resolution duly adopted by the Board of Commissioners for the County (the "Board") on April 15, 1992, the County has heretofore issued $6,465,000 Special Obligation Bonds (Solid Waste System Project), Series 1992 (the "Series 1992 Bonds") for, among other things, the purpose of financing the construction and equipping of the Improvements (as defined in the Order), none of which remains Outstanding (as defined in the Order); and WHEREAS, Section 210 of the Order authorizes, subject to compliance with the terms and conditions set forth therein, the issuance of additional special obligation bonds for the purpose of financing Additional Improvements (as defined in the Order); and WHEREAS, pursuant to Section 210 of the Order and a series resolution duly adopted by the Board on April 22, 1993, the County has heretofore issued $3,770,000 Special Obligation Bonds (Solid Waste System Project), Series 1993 for, among other things, the purpose of financing the Additional Improvements described in said series resolution, none of which remains Outstanding; and WHEREAS, pursuant to Section 210 of the Order and a series resolution duly adopted by the Board on May 5, 1998, the County has heretofore issued a $1,000,000 Special Obligation Bond (Solid Waste System Project), Series 1998, for the purpose of financing the Additional Improvements described in said series resolution, none of which remains Outstanding; and WHEREAS, Section 211 of the Order authorizes, subject to compliance with the terms and conditions set forth therein, the issuance of additional special obligation bonds for the purpose of refunding all or part of the Outstanding special obligation bonds of any series issued under the Order; and WHEREAS, pursuant to Section 211 of the Order and a series resolution duly adopted by the Board on August 17,1999, the County has heretofore issued a $4,661,731.90 Special Obligation Refunding Bond (Solid Waste System Project), Series 1999, for the purpose of refunding in whole the Series 1992 Bonds, $1,859,916.80 principal amount of which remains outstanding; and WHEREAS, the Board deems it necessary at this time to authorize the issuance of an additional special obligation bond pursuant to Section 210 of the Order for the purpose of financing the Additional Improvements hereinafter described; now, therefore, The Board of Commissioners for the County of Iredell, North Carolina DOES HEREBY RESOLVE, as follows: Capitalized words and terms used in this resolution which are defined in the Order shall have the same meanings in this resolution as such words and terms are given in the Order. Under the authority of the North Carolina Solid Waste Management Loan Program and pursuant to the provisions of Section 210 of the Order, the Board hereby authorizes a Special Obligation Bond (Solid Waste System Project), Series 2007 (the "Series 2007 Bond") of the County for the purpose of providing funds, together with any other available funds, for paying the cost of acquiring and constructing the Additional Improvements and paying expenses incurred in connection with the issuance of the Series 2007 Bond. The Additional Improvements are more particularly described in Exhibit A hereto, subject to change as the County may determine to be appropriate from time to time. The Series 2007 Bond shall be substantially in the form set forth in Exhibit C hereto, shall be dated October 16, 2007 or such later date as shall be agreed upon by the County and the purchaser thereof, shall consist of a single bond registered in the name of First -Citizens Bank & Trust Company, shall be numbered R-1, shall be in the principal amount of $4,500,000, shall, except as hereinafter set forth, bear interest from its date at the rate of 3.57% per annum, payable semiannually in arrears on the dates and in the amounts and shall mature on the dates and in the amounts set forth in the amortization schedule attached hereto as Exhibit B. From and after a Rate Adjustment Event, the annualized interest rate used to calculate the interest on the Series 2007 Bond shall change to such rate as the then current Owner of the Series 2007 Bond may reasonably determine shall be appropriate to provide such Owner with the same tax equivalent yield as it enjoyed prior to the Rate Adjustment Event; provided, however, that such Owner shall provide to the County a description of the methodology used to determine such tax equivalent yield. Upon each Rate Adjustment Event, the schedule for payment of principal of and interest on the Series 2007 Bond shall be 10 adjusted from and after the date of such Rate Adjustment Event to reflect adjusted debt service payments for the remaining term of the Series 2007 Bond based on the new interest rate to be borne by the Series 2007 Bond. The County shall additionally pay to such Owner or to any prior Owner any taxes, interest, penalties or other charges assessed against or payable by such Owner or prior Owner and attributable to a Rate Adjustment Event, notwithstanding the repayment of the entire principal amount of the Series 2007 Bond or any transfer or assignment of the Series 2007 Bond. For purposes of the preceding paragraph, "Rate Adjustment Event" means any determination by the Internal Revenue Service, any federal administrative agency or any court (a) that the County has taken an action, or failed to take an action, with the result that the interest on the Series 2007 Bond is includable in gross income of the Owner thereof for federal income tax purposes, or (b) that the Series 2007 Bond is not a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code as a result of (i) any action the County takes, or fails to take, or (ii) any representation made by the County being a misrepresentation. Interest on the Series 2007 Bond shall be calculated on the basis of a 360 -day year consisting of 12 months of 30 days each and shall be payable to the Owner by check mailed to its address as set forth in the registration books maintained by the Bond Registrar. Extraordinary Redemption. The Series 2007 Bond is subject to redemption in whole or in part at any time from Net Proceeds (as defined in the Order) which the Trustee shall transfer to a special account as provided in Section 708(c) or Section 708(d) of the Order, plus, in the case of a redemption pursuant to said Section 708(c), other available moneys as permitted by Section 708(a) of the Order, at least forty-five (45) days prior to the redemption date, at a redemption price equal to 100% of the principal amount of the Series 2007 Bond to be redeemed together with accrued interest thereon to the date fixed for redemption. Optional Redemption. The Series 2007 Bond is subject to redemption, at the option of the County, in whole on any date, at a redemption price equal to 100% of the principal amount of the Series 2007 Bond being redeemed, plus $250.00 and accrued interest to the redemption date. Notice of Redemption. At least thirty (30) days before the redemption date of the Series 2007 Bond or any portion thereof, the Bond Registrar shall cause a notice of any such redemption signed by the Bond Registrar to be mailed, first class, postage prepaid, to the Owner of the Series 2007 Bond or portion thereof to be redeemed. On the date fixed for redemption, notice having been mailed in the manner provided in the Order, the Series 2007 Bond or portion thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If there has been delivered to the Trustee or the Bond Registrar and the Trustee or the Bond Registrar is then holding, in trust, money or Defeasance Obligations, or a combination of both, sufficient to pay the redemption price of the Series 2007 Bond or portion thereof to be redeemed plus accrued interest to the date of redemption, interest on the Series 2007 Bond or portion thereof called for redemption shall cease to accrue, such Series 2007 Bond or portion thereof shall cease to be entitled to any benefit or security under the Order or to be deemed Outstanding; and the Owner of such Series 2007 Bond or portion thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption. The form, terms and provisions of the Bond Purchase Agreement, to be dated as of October 15, 2007 or such later date as shall be agreed upon by the County and the Purchaser (as hereinafter defined) (the "Bond Purchase Agreement"), by and between First -Citizens Bank & Trust Company (the "Purchaser") and the Local Government Commission of North Carolina (the "LGC") are hereby approved in all respects and the Chairman of the Board, County Manager or Director of Finance and Administrative Services of the County is hereby authorized and directed to approve, by execution and delivery, the Bond Purchase Agreement in substantially the form presented to this meeting together with such changes, modifications, insertions and deletions as he or she, with the advice of counsel, may deem necessary and appropriate; such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the County. The Board hereby approves the action of the LGC in awarding the Series 2007 Bond to the Purchaser at the price of $4,500,000. The proceeds of the Series 2007 Bond shall be deposited to the credit of the Series 2007 Subaccount of the Construction Fund, which Subaccount is hereby established with and shall be held in trust by the Trustee for the sole and exclusive purpose of paying the Cost of the Additional Improvements. The Trustee is hereby appointed Bond Registrar for the Series 2007 Bond. Notwithstanding any other provisions of the Order or this Series Resolution, the Bond Registrar shall not register the transfer of the Series 2007 Bond to any person other than a bank, an insurance company or a similar financial institution unless the Series 2007 Bond is rated "BBB" or higher by Standard & Poor's Ratings Services or "Baa3" or higher by Moody's Investors Service, Inc. or such transfer has been previously approved by the LGC. This section may not be amended without the prior written consent of the LGC. The County represents that it reasonably expects that it and all subordinate entities thereof will not issue in the aggregate more than $10,000,000 of tax-exempt obligations (not counting private -activity bonds except for qualified 501(c)(3) bonds as defined in the Code) during calendar year 2007. In addition, the County hereby designates the Series 2007 Bond as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Code. The Board hereby adopts those portions of the County's budget ordinance for the fiscal year of the County ending June 30, 2008 establishing rates and assessments for the Solid Waste System (as defined in the Order) as its Rate Resolution under Section 501 of the Order and states its intent, which is not legally binding, to operate the Solid Waste System in such a manner as to generate Solid Waste System Revenues (as defined in the Order) in an amount sufficient to cover all expenses of the Solid Waste System, including Current Expenses (as defined in the Order), debt service, the maintenance of required reserves and capital outlay. So long as the Purchaser is the Owner of the Series 2007 Bond, the County covenants that it will send to the Purchaser, by first class mail, postage prepaid, a copy of each notice, report and document which it is required, pursuant to the Order, to provide to the Trustee. The Chairman and Vice -Chairman of the Board of Commissioners, County Manager, Clerk to the Board of Commissioners and Director of Finance and Administrative Services are hereby authorized to perform the duties imposed on an Authorized Officer by the Order. The officers, agents and employees of the County and the officers and agents of the Trustee and the Bond Registrar are hereby authorized and directed to do all acts and things required of them by the provisions of the Series 2007 Bond, the Order, the Bond Purchase Agreement and this Series Resolution for the full, punctual and complete performance of the terms, covenants, provisions and agreements therein and herein. This resolution shall take effect immediately upon its passage. ADOPTED by the Board of Commissioners for the County of Iredell, North Carolina the 2nd day of October, 2007. [SEAL] Jean C. Moore Clerk to the Board of Commissioners Marvin Norman Chairman of the Board of Commissioners EXHIBIT A Description of Additional Improvements The Additional Improvements include the construction of Phase IV of the County's lined landfill and the purchase of land adjacent to the existing landfill for future expansion. EXHIBIT B AMORTIZATION SCHEDULE 12 Total Date Pa ip Hent Interest Principal Balance 04/16/2008 $530,325.00 $80,325.00 $450,000.00 $4,050,000.00 10/16/2008 522,292.50 72,292.50 450,000.00 3,600,000.00 04/16/2009 514,260.00 64,260.00 450,000.00 3,150,000.00 10/16/2009 506,227.50 56,227.50 450,000.00 2,700,000.00 04/16/2010 498,195.00 48,195.00 450,000.00 2,250,000.00 10/16/2010 490,162.50 40,162.50 450,000.00 1,800,000.00 12 04/16/2011 482,130.00 32,130.00 450,000.00 1,350,000.00 10/16/2011 474,097.50 24,097.50 450,000.00 900,000.00 04/16/2012 466,065.00 16,065.00 450,000.00 450,000.00 10/16/2012 458,032.50 8,092.50 450,000.00 0.00 Total $4,941,787.50 $441,787.50 $4,500,000.00 EXHIBIT C [Form of Series 2007 Bond] No. R-1 $4,500,000 United States of America State of North Carolina COUNTY OF IREDELL SPECIAL OBLIGATION BOND (SOLID WASTE SYSTEM PROJECT), SERIES 2007 The County of Iredell, North Carolina (the "County"), for value received, hereby promises to pay, solely from the sources provided therefor as hereinafter set forth, to FIRST -CITIZENS BANK & TRUST COMPANY or registered assigns or legal representative, the principal sum of FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000) in semiannual installments on the dates and in the amounts set forth in the amortization schedule attached hereto as SCHEDULE I, in any lawful money of the United States of America on the date of payment thereof, and to pay, solely from said sources, to the person in whose name this bond (or one or more Predecessor Bonds, as defined in the order hereinafter mentioned), is registered at the close of business on the regular record date for such interest, which shall be the 1st day of the calendar month in which an interest payment date is scheduled (the "Regular Record Date"), by the Bond Registrar to such person at its address as it appears on the bond registration books of the County, interest on the unpaid portion of said principal sum, calculated on the basis of a 360 -day year consisting of 12 months of 30 days each, from the date of this bond or from the April 16 or October 16 next preceding the date of authentication to which interest shall have been paid, unless such date of authentication is an April 16 or October 16 to which interest shall have been paid, in which case from such date, on April 16 and October 16 in each year, commencing April 16, 2008, in like money, at the rate of 3.57% per annum, except as hereinafter provided, until payment of said principal sum. Any such interest not so punctually paid shall forthwith cease to be payable to the person who was the registered owner on such Regular Record Date and may be paid to the person in whose name this bond (or one or more Predecessor Bonds) is registered at the close of business on a Special Record Date, as defined in the Order, for the payment of such defaulted interest to be fixed by the Trustee hereinafter mentioned, notice whereof being given to registered owners not more than fifteen (15) days and not less than ten (10) days prior to such Special Record Date, or may be paid in any other lawful manner not inconsistent with the requirements of applicable law or any securities exchange on which the bonds may be listed and upon such notice as may be required by such law or exchange, all as more fully provided in the order. The amounts representing interest are payable by check mailed by First -Citizens Bank & Trust Company, Raleigh, North Carolina, or any successor bond registrar (the "Bond Registrar") to the registered owner hereof as of the Regular Record Date preceding the interest payment date at its address as it appears on the registration books of the Bond Registrar. From and after a Rate Adjustment Event, the annualized interest rate used to calculate the interest on the Series 2007 Bond shall change to such rate as the then current Owner of the Series 2007 Bond may reasonably determine shall be appropriate to provide such Owner with the same tax equivalent yield as it enjoyed prior to the Rate Adjustment Event; provided, however, that such Owner shall provide to the County a description of the methodology used to determine such tax equivalent yield. Upon each Rate Adjustment Event, the schedule for payment of principal of and interest on the Series 2007 Bond shall be adjusted from and after the date of such Rate Adjustment Event to reflect adjusted debt service payments for the remaining term of the Series 2007 Bond based on the new interest rate to be borne by the Series 2007 Bond. The County shall additionally pay to such Owner or to any prior Owner any taxes, interest, penalties or other charges assessed against or payable by such Owner or prior Owner and attributable to a Rate Adjustment Event, notwithstanding the repayment of the entire principal amount of the Series 2007 Bond or any transfer or assignment of the Series 2007 Bond. For purposes of the preceding paragraph, "Rate Adjustment Event" means any determination by the Internal Revenue Service, any federal administrative agency or any court (a) that the County has taken an action, or failed to take an action, with the result that the interest on the Series 2007 Bond is includable in gross income of the Owner thereof for federal income tax purposes, or (b) that the Series 2007 Bond is not a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code as a result of 13 (i) any action the County takes, or fails to take, or (it) any representation made by the County being a misrepresentation. During the time that First -Citizens Bank & Trust Company is the registered owner of this bond, payment of the installments of principal and interest when due and payable on this bond shall be made at such place as First -Citizens Bank & Trust Company shall designate, without presentation or surrender hereof, and, during any such time as an assignee thereof is the registered owner of this bond, payment of the installments of principal when due and payable on this bond shall be made at the office of the Bond Registrar, upon the presentation and surrender hereof. Upon receipt of said payments of principal, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this bond to the extent of the payment so made. Upon final payment, this bond shall be surrendered to the Bond Registrar for cancellation. This bond is a duly authorized special obligation bond of the County, designated "Special Obligation Bond (Solid Waste System Project), Series 2007" (the "Series 2007 Bond"), issued for the purpose of providing funds, together with any other available funds, for (i) paying the cost of acquiring and constructing certain additional improvements described in the Series Resolution (as hereinafter defined) (the "Additional Improvements") to the Solid Waste System (as defined in the Order), and (ii) paying expenses incurred in connection with the issuance of the Series 2007 Bond. The Series 2007 Bond is issued under and pursuant to the Constitution and laws of the State of North Carolina, including the North Carolina Solid Waste Management Loan Program, being Chapter 159I of the General Statutes of North Carolina (the "Enabling Act"), a bond order duly adopted by the Board of Commissioners for the County (the "Board") on April 15, 1992 (such bond order, together with all orders supplemental thereto as therein permitted, being herein called the "Order") and a series resolution duly adopted by the Board on October 2, 2007 (the "Series Resolution"). The Order provides for the issuance, from time to time, under the conditions, limitations and restrictions therein set forth, of additional bonds to provide funds for paying all or any part of the cost of acquiring, constructing and equipping any Additional Improvements, to provide funds for completing payment of the cost of acquiring, constructing and equipping any Additional Improvements, to refund any bonds issued under the Order or, to the extent permitted by law, other indebtedness (the Series 2007 Bond, the County's Special Obligation Refunding Bonds (Solid Waste System Project), Series 1999 and any such additional bonds being herein collectively called the "Bonds") and to pay any indebtedness incurred or assumed by the County for any purpose for which Bonds may be issued. The Order also provides for the incurrence or assumption by the County of additional indebtedness payable from Obligated Revenues, hereinafter mentioned, on a parity with all Bonds (such indebtedness and the Bonds being herein collectively called "Parity Indebtedness") under the conditions, limitations and restrictions therein set forth. Reference is hereby made to the Order for provisions, among others, with respect to the custody and application of the proceeds of the Bonds, the collection and disposition of Obligated Revenues (as defined in the Order), the nature and extent of the security for the Bonds and any other Parity Indebtedness thereby created, the terms and conditions on which the Bonds of each series are or may be issued or other Parity Indebtedness may be incurred or assumed, the rights, duties and obligations of the County, the Bond Registrar and the Trustee and the rights of the registered owners of the Bonds. A certified copy of the Order is on file at the principal corporate trust office of First -Citizens Bank & Trust Company, in the City of Raleigh, North Carolina (the "Trustee"). By the acceptance of this bond, the registered owner hereof assents to all of the provisions of the Order. The Order provides for the creation of a special fund designated the "Iredell County, North Carolina Solid Waste System Bond Fund" (the "Bond Fund"), which special fund is made available for and charged with the payment of the principal of and the interest on all Bonds and any other Parity Indebtedness, and also provides for the deposit to the credit of said special fund of the Solid Waste System Revenues, as defined in the Order, after provision has been made for the payment of Current Expenses, as defined in the Order, to the extent and in the manner provided in the Order. The Order further provides for transfers to the credit of the Bond Fund of Obligated Revenues other than Solid Waste System Revenues and from other special funds created by the Order and made available thereunder to make up any deficiencies in said Fund with respect to all Bonds, all to the extent and in the manner provided in the Order. The Order provides for the charging by the County of rates, fees and charges for the use of and for the services furnished by the Solid Waste System in order to produce at all times sufficient Solid Waste System Revenues, together with any moneys transferred by the County for the payment of Current Expenses, the Obligated Revenues other than the Solid Waste System Revenues and certain other funds, to pay the Current Expenses and to pay the principal of and interest on all Parity Indebtedness as the same shall become due. The Solid Waste System Revenues, after provision has been made for the payment of Current Expenses, and the Obligated Revenues other than Solid Waste System Revenues (collectively the "Obligated Revenues") are pledged by the Order to the payment of the principal of and the interest and 14 any redemption premium on the Bonds and other Parity Indebtedness as provided in the Order. The Bonds shall not be deemed to constitute a debt, liability or obligation of the State of North Carolina or any political subdivision thereof, other than the County, and the County is not obligated to pay the Bonds or other Indebtedness except from the Obligated Revenues or moneys made available therefor under the Order and any such use of such sources will not constitute a pledge of the County's taxing power. Neither the faith and credit nor the taxing power of the State of North Carolina or the County or any political subdivision of either of them is pledged to the payment of the principal of and the interest and any redemption premium on the Bonds, and no Owner of Bonds has the right to compel the exercise of the taxing power by the State of North Carolina or the County or any political subdivision of either of them in connection with any default thereon. The Bonds are issuable in fully -registered form in such denominations as the Board may by resolution determine. At the principal corporate trust office of the Bond Registrar, in the manner and subject to the limitations and conditions provided in the Order, Bonds may be exchanged for an equal aggregate principal amount of Bonds of the same series and maturity, of authorized denominations and bearing interest at the same rate. The transfer of this bond is registrable by the registered owner hereof in person or by his attorney or legal representative at the principal corporate trust office of the Bond Registrar but only in the manner and subject to the limitations and conditions provided in the Order and upon surrender and cancellation of this bond. Upon any such registration of transfer the County shall execute and the Bond Registrar shall authenticate and deliver in exchange for this bond a new Bond or Bonds, registered in the name of the transferee, of authorized denominations, in aggregate principal amount equal to the principal amount of this bond, of the same series and maturity and bearing interest at the same rate. The County or the Bond Registrar may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made to any registered owner for the privilege of exchanging or registering the transfer of Bonds. Notwithstanding any other provisions of the Order or the Series Resolution, the Bond Registrar shall not register the transfer of the Series 2007 Bond to any person other than a bank, an insurance company or a similar financial institution unless the Series 2007 Bond is rated "BBB" or higher by Standard & Poor's Ratings Services or " BaaY or higher by Moody's Investors Service, Inc. or such transfer has been previously approved by the Local Government Commission of North Carolina. The Series 2007 Bond is subject to redemption at any time, in whole or in part, from the Net Proceeds (as defined in the order) received by the County in the event of any accident, destruction, theft or taking by eminent domain or condemnation with respect to the Solid Waste System and, in the case of redemption in whole, other available moneys, provided that such other moneys do not exceed an amount equal to one-third of the proceeds received by the County, credited towards the redemption of the Series 2007 Bond by the County pursuant to the Series Resolution, at a redemption price equal to 100% of the principal amount of the Series 2007 Bond to be redeemed together with accrued interest to the redemption date. The Series 2007 Bond is also subject to redemption, at the option of the County, in whole, at any time, at a redemption price equal to 100% of the principal amount of the Series 2007 Bond to be redeemed, plus $250.00 and accrued interest to the redemption date. At least thirty (30) days before the redemption date of the Series 2007 Bond or any portion thereof, the Bond Registrar shall cause a notice of any such redemption signed by the Bond Registrar to be mailed, first class, postage prepaid, to the Owner of the Series 2007 Bond or portion thereof to be redeemed, on the date fixed for redemption, notice having been mailed in the manner provided in the Order, the Series 2007 Bond or portion thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If there has been delivered to the Trustee or the Bond Registrar and the Trustee or the Bond Registrar is then holding, in trust, money or Defeasance Obligations, or a combination of both, sufficient to pay the redemption price of the Series 2007 Bond or portion thereof to be redeemed plus accrued interest to the date of redemption, interest on the Series 2007 Bond or portion thereof called for redemption shall cease to accrue, the Series 2007 Bond or portion thereof shall cease to be entitled to any benefit or security under the Order or to be deemed outstanding; and the Owner of the Series 2007 Bond or portion thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption. The registered owner of this bond shall have no right to enforce the provisions of the Order or to institute action to enforce the provisions therein, or to take any action with respect to any event of default under the Order, or to institute, appear in or defend any suit or other proceeding with respect thereto, except as provided in the Order. 15 In certain events, on the conditions, in the manner and with the effect set forth in the Order, the principal of all Bonds then outstanding under the Order may become or may be declared due and payable before the stated maturities thereof, together with the interest accrued thereon. Modifications or alterations of the Order may be made by the County only to the extent and in the circumstances permitted by the Order. As declared by the Enabling Act, this bond is an investment security within the meaning of and for all the purposes of Article 8 of the Uniform Commercial Code of the State of North Carolina. This bond is issued with the intent that the laws of the State of North Carolina shall govern its construction. All acts, conditions and things required by the Constitution and laws of the State of North Carolina, the Order and the Series Resolution to happen, exist and be performed precedent to and in the issuance of this bond have happened, exist and have been performed as so required. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Order until this bond shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed hereon. IN WITNESS WHEREOF, the County of Iredell, North Carolina has caused this bond to be executed by the Chairman of its Board of Commissioners and the Clerk to said Board and its corporate seal to be impressed hereon, all as of the 16th day of October, 2007. [SEAL] COUNTY OF IREDELL, NORTII CAROLINA Chairman of the Board of Commissioners Clerk to the Board of Commissioners CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of Section 1591-30 of the North Carolina General Statutes. Secretary, Local Government Commission of North Carolina CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the series designated therein and issued under the provisions of the within -mentioned Order and Series Resolution. FIRST CITIZENS BANK & TRUST COMPANY, as Bond Registrar By Date of Authentication: 16 Authorized Signatory ASSIGNMENT FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns and transfers unto the within bond and all rights thereunder and hereby irrevocably constitutes and appoints attorney to register the transfer of said bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. SCHEDULEI AMORTIZATION SCHEDULE MOTION by Commissioner Johnson to approve the resolution and bond documents as presented. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS (none) APPOINTMENTS TO BOARDS & COMMISSIONS Statesville Planning Board (ETJ) (1 appointment) MOTION by Commissioner Tice to postpone this appointment until the October 16 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Communitv Advisory Committee (2 appointments) MOTION by Commissioner Johnson to postpone these appointments until the October 16 meeting. VOTING: Ayes — 5; Nays — 0. 17 Total Date Payment Interest Principal Balance 04/16/2008 $530,325.00 $80,325.00 $450,000.00 $4,050,000.00 10/16/2008 522,292.50 72,292.50 450,000.00 3,600,000.00 04/16/2009 514,260.00 64,260.00 450,000.00 3,150,000.00 10/16/2009 506,227.50 56,227.50 450,000.00 2,700,000.00 04/16/2010 498,195.00 48,195.00 450,000.00 2,250,000.00 10/16/2010 490,162.50 40,162.50 450,000.00 1,800,000.00 04/16/2011 482,130.00 32,130.00 450,000.00 1,350,000.00 10/16/2011 474,097.50 24,097.50 450,000.00 900,000.00 04/16/2012 466,065.00 16,065.00 450,000.00 450,000.00 10/16/2012 458,032.50 8,092.50 450,000.00 0.00 Total $4,941,787.50 $441,787.50 $4,500,000.00 MOTION by Commissioner Johnson to approve the resolution and bond documents as presented. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS (none) APPOINTMENTS TO BOARDS & COMMISSIONS Statesville Planning Board (ETJ) (1 appointment) MOTION by Commissioner Tice to postpone this appointment until the October 16 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Communitv Advisory Committee (2 appointments) MOTION by Commissioner Johnson to postpone these appointments until the October 16 meeting. VOTING: Ayes — 5; Nays — 0. 17 Nursing Home Advisory Committee (5 appointments): MOTION by Commissioner Williams to postpone these five appointments until the October 16 meeting. VOTING: Ayes — 5; Nays — 0. Personnel Advisory Committee (3 appointments): Commissioner Tice nominated Margaret Marks. MOTION by Chairman Norman to appoint Marks by acclamation. VOTING: Ayes — 5; Nays — 0. MOTION by Commissioner Tice to postpone the remaining two appointments until the October 16 meeting. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS GOVERNOR EASLEY'S ENERGY PLAN: Commissioner Johnson mentioned his dislike for the new energy legislation signed by Governor Easley. He said the Governor was mandating that more electric power be derived from green sources, and that, supposedly, North Carolina hogs were going to solve the climate change problem. Johnson said the Governor was mandating that more electric power come from green sources such as wind, solar, and hog and chicken wastes. He said today, about 2% of power came from green sources, but the Governor's plan was proposing, by year 2021, that 12.5% of all energy be from green sources. Mr. Johnson said hog waste generated virtually nothing now, but under the Governor's plan it would increase to a "whopping" .2%. Johnson said the Governor had proposed to pay for this initiative by adding an additional tax on residential power bills that would rise to $34 a year and up to a $1,000 a year on businesses. Commissioner Johnson said this was how liberals always solved things, they created a crisis and then they come up with a remedy to solve the crisis. Johnson said a Climate Action Committee had been appointed and 53 recommended mandates had been drafted for the legislature. He said a few of these were higher densities for housing developments, new bio -diesel subsidies for farmers, higher insurance premiums for drivers who put more miles on their cars than the ones who didn't, and a CO2 tax, or a cap in trade systems with the state government getting the money. COUNTY MANAGER'S REPORT County Manager Mashburn reported on the following: ► 2006 Impact of Travel: Iredell County ranks 201h in the state for travel & tourism dollars, and last year, $172 million was identified as this type of expenditure. This was an 11% increase over 2005. CLOSED SESSION: MOTION by Commissioner Norman at 7:45 PM, to enter into closed session pursuant to G.S. 143-318.1 1(a) (5) — Property Acquisition. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:05 P.M.) ADJOURNMENT: MOTION by Commissioner Robertson at 8:05 P.M., to adjourn the meeting. (NEXT MEETING: Tuesday, October 16, 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: 18 Clerk to the Board