HomeMy WebLinkAboutSeptember_18_2007_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
SEPTEMBER 18, 2007
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
September 18, 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 Robertson
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Tice to approve
the agenda adjustments as follows:
Additions: •Item M - Motion to Accept the Postponement Request of Penske Realty, Inc. (Case
No. 0709-1) by hearing the case on November 6, 2007 instead of October 2, 2007.
• Closed Session for Attorney-Client/G.S. 143.318.11(a) (3)
Deletion: • Request from the Recreation Department for (1) Approval of the North Iredell Park
Phase I Plan (2) Approval to Obtain North Iredell Park Phase I Blueprints at an
Estimated Cost of $15,000 and (3) Permission to Apply for a $500,000 Parks and
Recreation Trust Fund (PARTF) Grant
VOTING: Ayes — 5; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Tina Hunt, a Representative of the Metrolina Native American Association, Inc.,
(MNAA) Requests a $1,000 Donation for the 24`h Annual Indian Trail Powwow Scheduled
for September 21 — 23, 2007 (Location: Indian Trail Elementary School, 200 Educational Drive,
Indian Trail, NC): Ms. Hunt said the MNAA was a nonprofit 501 (c) corporation that served over 404
American Indians residing in Iredell County. She said the purpose of the association was to
preserve Native American heritage and culture, and this weekend's powwow would have six
drum teams with dancers. Ms. Hunt said a new sound system had been purchased, and this was
one reason for the financial request. Additionally, she mentioned that Miss North Carolina
Jessica Jacobs, was a Lumbee Native American, and she along with Miss Indian North Carolina
Brittney Simmons would attend the event.
Chairman Norman thanked Ms. Hunt for her appearance and said the board would take
the request under advisement.
------------------------------------------------CONSENT AGENDA ----------------------------------------
MOTION by Commissioner Johnson to approve the following 12 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were explained by the department heads at the briefing session.)
1. Request from the Fire Tax District Board, on behalf of the Ebenezer VFD, for
Funding of $464,830 to be used for Insurance Ratings Improvements: As was requested by
the Fire Tax District Board, $464,830 was approved for the Ebenezer VFD to purchase the
following items needed to improve the insurance rating:
• Fire engine
$380,000
• 10 static water points (road construction)
6,000
• Turbo draft, five inch hose, adapters
5,000
• Loose Equipment
31,830
• 12 hydrants
42,000
$464,830
(Additional information may be found in the briefing minutes.)
2. Request for Approval of the August Tax Refunds and Releases: Tax Administrator
Bill Doolittle requested approval of the following releases and refunds.
AUGUST 2007 TAX RELEASES & REFUNDS
Rate
Releases
Refunds
County
55,774.50
424.52
Solid Waste Fees
4,339.50
35.00
East Alexander Co. Fire #1
5.75
0
Shepherd's Fire # 2
762.76
87.36
Mount Mourne Fire # 3
184.97
0
All County Fire # 4
3,105.23
3.22
Statesville City
6,265.95
0
Statesville Downtown
40.10
0
Mooresville Town
25,125.78
490.98
Mooresville Downtown
0
0
Mooresville School
3,976.05
137.30
Love Valley
8.69
0
Harmony
38.76
0
Troutman
151.23
0
Total
$99,779.27
$1,178.38
A complete list, of the individual tax releases and refunds,
into the minutes by reference.
is hereby incorporated
3. Request for Approval of Budget Amendment #14 in the Amount of $52,100 for
the Purchase of Property located on Meeting Street and being near the EMS & Vehicle
Service Center: The $52,100 will cover the 420 Meeting Street land purchase, survey and
other associated costs with the funding to be derived from excess EMS revenues as of
June 30, 2007. Eventually, the property will be used for extra EMS parking due to its proximity
to the county's Meeting Street Service Center.
4. Request for Approval of a Financing Proposal Offered by First Citizens Bank,
Subject to Approval of the Local Government Commission, in Conjunction with the Solid
Waste Special Obligation Bonds, Series 2007: As was recommended by Deputy County
Manager Susan Blumenstein, First Citizens Bank, at an interest rate of 3.57%, was chosen as the
financing institution for the direct placement bonds. Blumenstein said the bond debt would be
paid out of solid waste enterprise revenue.
Proposed
Rate
Fee
Prepayment
Total Prin &
Fees
Total Costs
Met RFP
Fee required if
Fee
Int Payments
Requirements
prepayment
option is
exercised after 2
years payments
Bank of
3.59%
$3500
1 % of prin
$4,944,262.50
$3500
$4,947,762.50
No -requires
$36,000.00
America
balance
deposit of
proceeds with
BOA rather
than Trustee
BB&T
3.60%
None
1% of prin
$4,945,500.00
-
$4,945,500.00
No -requires
$36,000.00
stated
balance
deposit of
proceeds with
BB&T rather
2
5. Request for Approval of a Solid Waste Disposal Enterprise Fund 2007 Capital
Project Ordinance: The following ordinance was approved for the purchase of land and the
construction of the fourth -lined cell at the landfill.
Iredell County, North Carolina
Solid Waste Enterprise Fund Phase IV Construction and Land Purchase
Capital Project Fund
Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina:
Section 1. Funds for this Capital Project Fund will be provided by:
Section 2.
Section 3.
Section 4.
Section 5.
Series 2007 Special Obligation Bond
Transfer In — Solid Waste Disposal Enterprise Fund (retained earnings)
The following costs for the design, engineering and construction of Phase IV
and the purchase of land will be paid by this Fund.
Professional Services -Engineering
Financing Costs (LGC, Bank Fees, Bond Counsel)
Project Costs — Other
General
Construction
Land Purchase (land, surveying, environmental assessment, appraisal)
This Capital Project Fund shall continue until the project is complete.
Original
Ordinance
$
4,500,000
1,711,150
$
than Trustee
First Citizens
3.57%
$6,000
$250
$4,941,787.50
$6000
$4,947,787.50
Yes. Deposit
$250.00
45,000
50,000
2,856,150
proceeds w/
$
6,211,150
Trustee
SunTrust
3.82%
$1,500
3% of prin
$4,977,798.75
$1500
$4,979,298.75
Did not
$108,000.00
balance
address
deposit of
proceeds
Wachovia
3.6280%
$5,000
Now allowed
$4,949,026.90
$5000
4,954,026.90
Did not
Not allowed
address
deposit of
proceeds
5. Request for Approval of a Solid Waste Disposal Enterprise Fund 2007 Capital
Project Ordinance: The following ordinance was approved for the purchase of land and the
construction of the fourth -lined cell at the landfill.
Iredell County, North Carolina
Solid Waste Enterprise Fund Phase IV Construction and Land Purchase
Capital Project Fund
Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina:
Section 1. Funds for this Capital Project Fund will be provided by:
Section 2.
Section 3.
Section 4.
Section 5.
Series 2007 Special Obligation Bond
Transfer In — Solid Waste Disposal Enterprise Fund (retained earnings)
The following costs for the design, engineering and construction of Phase IV
and the purchase of land will be paid by this Fund.
Professional Services -Engineering
Financing Costs (LGC, Bank Fees, Bond Counsel)
Project Costs — Other
General
Construction
Land Purchase (land, surveying, environmental assessment, appraisal)
This Capital Project Fund shall continue until the project is complete.
Original
Ordinance
$
4,500,000
1,711,150
$
6,211,150
Original
Ordinance
$
400,000
45,000
50,000
2,856,150
2,860,000
$
6,211,150
The County Manager is authorized to transfer funds from Project Costs — Other to other expenditure line items
with a report to the board of commissioners at its next meeting.
Payments from this Capital Project Fund shall be authorized by the County Manager or his designee.
This Capital Project Ordinance approved and adopted September 18, 2007.
6. Request for the Adoption of a Resolution Requesting the Local Government
Commission to Approve the Application for the Issuance of Solid Waste Disposal
System Obligation Bonds and Requesting the Local Government Commission (LGC) to
Sell Such Bonds at Private Sale: The following resolution requests the LGC to approve Iredell
County's application to issue $4,500,000 in Solid Waste Disposal System Special Obligation
Bonds:
RESOLUTION REQUESTING THE LOCAL GOVERNMENT COMMISSION OF NORTH
CAROLINA TO APPROVE THE COUNTY OF IREDELL. NORTH CAROLINA'S APPLICATION
FOR THE ISSUANCE OF SOLID WASTE DISPOSAL SYSTEM SPECIAL OBLIGATION BONDS
AND REQUESTING THE LOCAL GOVERNMENT COMMISSION TO SELL SUCH BONDS AT
PRIVATE SALE
3
BE IT RESOLVED by the Board of Commissioners (the `Board") of the County of Iredell, North
Carolina (the "County"):
Section 1. It is hereby found, determined and declared by the Board as follows:
(a) The County currently owns and operates a solid waste landfill which
presently exceeds or soon will exceed its capacity, and the County desires
to construct Phase IV of the lined landfill and purchase land adjacent to
the existing landfill for future landfill purposes in order to continue to
provide solid waste disposal services to the residents of the County;
(b) The County has determined to issue Special Obligation Bonds for the
purpose of providing funds, together with any other available funds, for
paying the cost of constructing Phase IV of the lined landfill and
purchasing land for future landfill purposes (the "Project");
(c) In order to finance the costs of the Project, the County has developed the
following plan of finance:
(i) The County proposes to issue not exceeding $4,500,000 of its Solid
Waste Disposal System Special Obligation Bonds (the "Bonds")
pursuant to Chapter 159I of the General Statutes of North Carolina,
as amended (the "Act"), and pursuant to a bond order adopted by the
Board on April 15, 1992 and a series resolution to be adopted by the
Board on October 1, 2007 (the "Series Resolution"); and
(ii) The Bonds will be special obligations of the County, payable solely
from the revenues and other non -ad valorem tax funds pledged
therefor.
(d) The County desires that the Bonds, when issued, be sold by the Local
Government Commission of North Carolina (the "Commission") by private
sale to First -Citizens Bank & Trust Company.
(e) The County wishes to submit at this time to the Commission the County's
application for approval of the Bonds by the Commission and the County's
request for the Commission's sale of the Bonds by private sale pursuant to
the Act.
Section 2. The Director of Finance and Administrative Services of the County is hereby
directed to submit to the Commission the application of the County for the
approval by the Commission of the issuance of the Bonds. The County hereby
requests that the Commission approve the issuance of the Bonds. In furtherance
thereof and to assist the Commission in making the determinations required of
the Commission by the Act, the County hereby submits:
(a) The proposed bond issue is necessary and expedient in that it will provide
a facility for the purpose of continuing to provide solid waste disposal
services to the residents of the County;
(b) the amount of bonds proposed to be issued will be sufficient but not
excessive for the proposed purpose in that the final issue size will be based
upon construction bids received and the County's best estimates of
additional costs covered by bond proceeds;
(c) the proposed Project is feasible in that the revenues to be received from the
Project, along with the other pledged non -ad valorem tax revenues, will be
sufficient to pay principal of, premium, if any, and interest on the Bonds;
(d) the County's debt management procedures and policies are good; and
(e) the Bonds can be marketed at a reasonable interest cost to the County.
Section 3. The Director of Finance and Administrative Services is hereby authorized and
directed to provide to the Commission such further additional documents and
information as the Commission may request in order to consider the County's
request.
4
Section 4. The County hereby requests the Commission to sell the Bonds at private sale to
such purchasers as shall be determined by the Commission, such private sale to
be at a price not less than 100% of the principal amount of the Bonds.
Section 5. The County hereby requests the Commission to approve the County's
employment of Sidley Austin LLP as Bond Counsel to the County.
Section 6. This resolution shall take effect upon its passage.
--------------------------------------------------------------------------------------------------------------------------------------------
7. Request for Approval of the Phase IV Solid Waste Landfill Construction Bids & the
Contract Awarding: T & K Construction, LLC was approved to construct Phase IV at the
solid waste facility at a total cost of $2,856,142.80. Iredell County's Solid Waste Consultant,
Municipal Engineering, evaluated the five bids received for this work, and recommended T & K
Construction. A copy of the bid summary is as follows:
Certified Bid Tabulation
Municipal Solid Waste Land — Phase IV
Company
Alternate #1
& Base Bid
Alternate #1
Base Bid +
contingency
Alternate #2
& Base Bid
Alternate #2
Base Bid +
contingency
Clary Hood, Inc
NO BID
NO BID
$2,883,798.00
$3,027,967.90
Morgan Corporation
NO BID
NO BID
$3,983,763.00
$4,182,951.15
Shamrock Environmental
$2,733,078.00
52,869,731.90
$2,922,042.00
$3,068,144.10
T & K Construction LLC
$2,720,136.00
$2,856,142.80
$2,730,634.00
$2,867,165.70
Thalia Construction Co.
$3,777,505.00
$3,966,380.25
$3,252,605.00
$3,415,235.25
8. Request for Approval of a Resolution Authorizing the Sale of a Service Sidearm
& the Awarding of an Employment Badge to Retiree Ron Lambert: Purchasing Agent
Dean Lail advised that Officer Ron Lambert would retire from the Sheriff's Department on
October 1, 2007 with 35 years of county service. As has been past tradition, the board approved
the request to award the service badge to Lambert and to allow the sidearm sale.
RESOLUTION REGARDING THE BADGE AND SIDEARM
OF RON LAMBERT
WHEREAS, Ron Lambert has served thirty-five honorable years in the Iredell County Sheriff's
Office, and as of October 1, 2007, successfully met the requirements for retirement and does, upon
the occasion of retirement, request to be permitted to retain his badge and to purchase his service
sidearm.
NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that
said badge be awarded to Ron Lambert at no charge and that he be allowed to purchase his sidearm
for the sum of One Dollar (S 1.00), as provided by G. S. 20-187.2.
One (1) Glock Model 22 - Serial # ALF333US
9. Request from the State Employees Credit Union for Approval of a Three -Year
Renewal Option for the ATM Kiosk Lease Agreement (Kiosk is located behind the Hall of
Justice Annex/Register of Deeds): Purchasing Agent Dean Lail said the initial kiosk lease was
approved in 2003, and it included an extension option for two additional three-year periods. The
board approved the extension, and the agreement will now extend to October 31, 2010.
10. Request from the Recreation Department for Approval to Update the Parks and
Recreation Master Plan: Recreation and Parks Director Robert Woody explained that most
master plans were updated every five to ten years. He said a plan was completed in the late
1970s, but it would probably not be helpful. Woody said a ten-year plan was needed for the
entire county, and it needed to include the municipal facilities. He said the cost for most plans
ranged from $25,000 to $50,000.00, and the funding could be derived from the Parks Reserve
Fund.
1,
Deputy County Manager Blumenstein said the Parks Reserve Fund had a balance of
$685,000.
County Manager Mashburn clarified that only approval to seek proposals for the master
plan was being requested at this time. He said the board would have to assist in selecting a firm,
once RFPs had been received.
11. Request for Approval of the September 4 t & 6rh, 2007 Minutes
12. Request from Penske Realty, Inc. (Case No. 0709-1) for the Postponement of a
Public Hearing from October 2, 2007 to November 6, 2007: Planning & Development
Director Ron Smith said the Penske attorneys had requested additional time to address the
concerns of the neighbors in the area where the racing test track was proposed.
Due to this case being quasi-judicial, and the board members not being allowed to
converse with the public or the applicant, Commissioner Robertson asked Smith to relay the
following requests to the Penske officials: (1) Provide information, at the hearing, on the
cumulative effect of noise. (Robertson said OSHA had information regarding this.) (2) Provide
information, at the hearing, on how sound/noise decreases with distance.
--------------------------------------------------END OF CONSENT AGENDA -----------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Personnel Advisory Committee (3 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Statesville Planning Board (ETJ) (1 appointment) MOTION by Commissioner Johnson to
postpone this appointment until the October 2 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (2 appointments) MOTION by
Commissioner Tice to postpone these appointments until the October 2 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (5 appointments) MOTION by Commissioner Tice
to postpone these five appointments until the October 2 meeting.
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD: Time was offered for the public to speak, but no one
requested an opportunity.
COUNTY MANAGER'S REPORT
County Manager Mashburn reported on the following:
► ELECTIONS LEGISLATION: The North Carolina Association of County Commissioners
advises that legislation is being proposed to "revamp" elections standards. Mashburn said the
county recently paid out $200,000 to come into compliance with the HAVA Act, and while there
was some federal monetary assistance, none was being proposed for the new standards. He
mentioned it might be helpful to send a letter in opposition to the new legislation (H.R. 81 1) to the
county's federal legislative delegates.
► MINI -RETREAT: Mashburn recommended that another retreat be held for the purpose of
discussing facility needs (schools, jail and EMS). A county facility could be used for the retreat
location, and Thursday, December 6, 2007 was offered as a possible date.
6
OTION by Commissioner Johnson for (1) the County Manager to draft a letter in
opposition to the new elections legislation (2) the Chairman to sign the letters and (3) for the letters
to be sent to each Congressman and Senator representing Iredell County.
VOTING: Ayes — 5; Nays - 0.
CLOSED SESSION: MOTIO by Commissioner Tice at 7:20 p.m. to enter into closed
session pursuant to G.S. 143-318.11(a) (3) — Attorney Client.
(RETURN TO OPEN SESSION AT 7:50 P.M.)
ADJOURNMENT: MOTION by Commissioner Johnson at 7:50 p.m. to adjourn the
meeting. (NEXT MEETING: Tuesday, October 2, 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:
W
Clerk to the Board