HomeMy WebLinkAboutAugust 5 2008 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
AUGUST 5, 2008
The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 5, 2008, at
7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center
Street, Statesville, NC.
Board Members Present
Chairman Marvin Norman
Vice Chairman Sara Haire Tice
Steve Johnson
Ken Robertson
Godfrey Williams
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager
Susan Blumenstein, Planning Director Ron Smith, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Norman
INVOCATION by Commissioner Johnson
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Tice to accept the following
agenda adjustments.
Addition: Economic Development —G.S. 143-318.11(a) (4)
VOTING: Ayes — 5; Nays- 0.
APPOINTMENTS BEFORE THE BOARD
Presentation of a Resolution in Recognition of the 35th Anniversary of the YMCA of Iredell
County: Chairman Norman read and presented this resolution to Mr. Tip Nicholson, the YMCA Chief
Executive Officer.
RESOLUTION
OF
CONGRATULATIONS
TO THE
YMCA OF IREDELL COUNTY
WHEREAS, the YMCA of Iredell County is a membership association of men, women and children of all ages,
incomes, races, religions, and abilities; and
WHEREAS, the mission of the YMCA of Iredell County is to foster the spiritual, mental, and physical
development of its members as well as to the community, and
WHEREAS, the goal of the YMCA of Iredell County is to provide programs and facilities that help to build
strong kids, strong families, and strong communities; and
WHEREAS, the YMCA of Iredell County provides all children, adults, and families, regardless of income, with
many opportunities to develop a healthy spirit, mind, and body; and
WHEREAS, the YMCA of Iredell County is celebrating its 35"' year of providing service to this community.
NOW, THEREFORE, BE IT RESOLVED, that the Iredell County Board of Commissioners extends sincere
congratulations to the YMCA oflredell County on its 35'" anniversary celebration.
BE IT FURTHER RESOLVED, that the Iredell County Board of Commissioners commends this truly valuable
and remarkable organization for the many programs and services it provides to the citizenry gflredell County.
Presentation from Dennis Clary, with the Iredell County Marine Corp League, about the Iredell
County Independence Day Parade held on Saturday, June 28, 2008: Mr. Clary said the focus of this year's
parade was Vietnam Veterans and over 200 of them, from five different states, attended. He said this was the
fourth Independence Day Parade, and it was becoming more popular, both by attendees and participants. Clary
said this year's parade had 154 units with over 800 participants. He said the total budget was $13,000 with
Iredell County contributing $7,500. Clary said the 2009 parade would highlight the USS Iredell County ship, and
the veterans who served on the vessel would be invited as Grand Marshals.
Presentation from Ted Benbow Regarding the Township known as Cool Spring or Cool Springs:
Mr. Benbow said surveying was his occupation, and as such, he listed township names on plats for recordation.
Benbow said accuracy was crucial in land records, and he was requesting the board to determine the correct
spelling of the Cool Spring(s) township. Mr. Benbow then shared photographs of businesses and road signs in
the vicinity to illustrate that there was no consistency on the spelling. (The photographs included the Cool
Spring United Methodist Church, Cool Spring Elementary School, Cool Spring Road/SR 2163 [this spelling at
two different locations], Cool Springs [vicinity sign], Cool Springs Road/SR 2163 [spelled a different way at
another location/near Garden Valley Road/SR 2145]).
Commissioner Johnson asked Attorney Pope if the board of commissioners had statutory authority over
the township name.
Pope said yes. He said there was ambiguity over whether or not the name was singular or plural. Pope
was asked if the name had ever presented any problems to him on legal transactions, and he said no.
Commissioner Williams, a lifelong resident of Iredell County, said further research could be done on the
issue; however, he had always been told the name was singular, as in Cool Spring. Williams said that Iredell
County historian, Homer Keever referred to the township as Cool Spring, and as a matter of fact, Mr. Keever
was adamant about the township name. Mr. Williams said he felt the long-time residents of the area would
prefer Cool Spring.
Commissioner Tice said the only correspondence she had received about the name was from a person
who told her it was Cool Spring.
MOTION by Commissioner Williams to name the township Cool Spring.
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing.
Consideration of the FY 2008-2009 Secondary Road Construction Program as Presented by
Representatives of the North Carolina Department of Transportation: State Transportation representatives
Patrick Norman (Division 12, District 2, Engineer) and Steve Bridges (Division 12, District 2 Assistant
Engineer) attended the meeting on behalf of the Department of Transportation. Engineer Norman then presented
the FY 08-09 plan as follows:
FY 2008-2009 Anticipated Allocation
Highway Fund (G.S. 136-44.5b) $1,338,564.48
Highway Fund (G.S. 136-44.5c) $ 441,727.46
Trust Fund (G.S. 136-182) $2,231,732.45
Total $4,012,024.39
1. Paving Unpaved Roads Programmed Paving Goal: 4.08 miles
A. Rural Paving
Prioritv # SR# Lenth/Miles Road Name & Descrintion Est. Cost
1 F
SR -1916
0.75
Lentz Road
$350,000.00
From SR -1890 to End of Pavement
F
SR -1522
0.28
Waugh Farm Road
$145,000.00
From SR -1520 to Dead End
3F
SR -2256
0.55
Ledge Hill Road
^5260,000.00
From SR -2163 to Dead End
F
SR -2107
1.10
Tom Lauren Road
$610,000.00
From SR -2105 to Yadkin County Line
5F
SR -1820
0.80
Arron Lane
$400,000.00
From SR -1819 to Dead End
6F
SR -1601
0.60
Branton Road
$508,459.91
From SR -1598 to Alexander County Line
(Partial Funding)
Total Miles 4.08
2
Subtotal $2.273,459.91
*Rural Paving Alternates
Length
Prioritv # SR# Miles Road Name & Descrintion
Est. Cost
7F
SR -2124
0.80
Roswell Road
$360,000.0
From SR -2120 to SR -2125
8F
SR -2301E
0.90
Page Hager Road
$450,000.0
From US 64 to SR -2302
9F
SR -1884
1.50
Williamsburg Road
$700,000.0
From SR -1891 to SR -1981
10F
SR -21255
1.60
Butler Mill Road
$800,000.0
From SR -2124 to SR -2126
11
SR -1527
0.51
Linden Loop
$300,000.0
From SR -1526 to SR -1532
12
SR -1866
1.40
Rupard Road
$700,000.0
From NC 115 to SR -1863
B. Subdivision Paving Priority
Priority No. SR No. Length Miles
Total Miles 0
Road Name & Description Est. Cost
Subtotal $ 0
C. Various Spot Stabilization. Secondary Maintenance, Unpaved Routes: (G.S. 136-182)
Subtotal S 200,000.00
11. General Secondary Road Improvements (Funded By G.S. 136-44.5b)
A. Paved Road Improvements
SR # Project Description Est. Cost
SR -1.551. Widen Scotts Creek Road P on Each side and $900,000.00
(Scotts Creek Rd) Resurface 5.05 miles from NC 115 to NC 90
SR -1305 Add a Left turn lane on Oates Road at the Intersection $188,564.48
Oates Rd of US 21 in Mooresville
Subtotal $ 1,088,564.48
B. Various Spot Stabilization, Secondary Maintenance, Paved Routes: (G.S. 136-44.5b)
Subtotal $ 250,000.00
III. Trust Fund Safety Improvements (GS 136-182)
SR No. Project Description Est. Cost
Subtotal $ 0
IV. Funds reserved for surveying, right of way acquisition, acquisition, road additions, contingencies,
overdrafts, and paving entrances to certified fire departments, rescue squads, etc. (G.S. 136-44.5c)
Subtotal $ 200,000.00
GRAND TOTAL $4,012.024.39
PROGRAM SUBJECT TO AVAILABILITY OF FUNDING, RIGHT OF WAY, AND ENVIRONMENTAL REVIEW
Engineer Norman said the "F" in the charts meant frozen, and the road prioritization was done every
four years. He said the county had about 115 unpaved roads remaining, all together totaling about 70-75 miles,
and the current paving cost was about $450,000 a mile. Norman said the General Assembly approved the
transportation funding and specific amounts were established for different projects. He said there were two
classifications -- rural and subdivision, and the only ones left in Iredell County were rural. Engineer Norman
said North Carolina had a ruling that stipulated any roads created after 1975 had to meet state guidelines, and be
paved, before the Department of Transportation took them over for maintenance.
Commissioner Johnson clarified then, that any existing subdivision unpaved road, more than likely
occurred during the gap years, or after 1975, and before the county established requirements.
Engineer Norman agreed, and again mentioned the only unpaved roads being paved by the state were
classified as rural.
No one else desired to speak, and Chairman Norman adjourned the hearing.
MOTION by Commissioner Johnson to accept the FY 08-09 Secondary Road Construction Program as
presented.
VOTING: Ayes — 5; Nays — 0.
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AGENDA
MOTION by Commissioner Johnson to approve the following nine consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were described by the department heads during the agenda briefing.)
1. Request for Approval of a Resolution of Intent Pertaining to the Abandonment of a Portion of First
Street & Call for a Public Hearing on September 2, 2008 at 7:00 P.M. (Road Location: Between SR -2451
Sigmon Drive and SR -2355 Oak Grove Drive in the Chambersburg Township: Planning Director Ron Smith said
applicants Rachel York, Beverly Kim, and Barry Lippard had filed a petition for this road abandonment (portion),
and the first step in the process was for the board to approve a resolution of intent calling for a public hearing.
The resolution is as follows:
RESOLUTION OF INTENT BY THE BOARD OF COUNTY COMMISSIONERS, IREDELL COUNTY, NORTH
CAROLINA, TO ABANDON A PORTION OF
FIRST STREET
WHEREAS, in 1948, the HH Sigmon plat was recorded in Plat Book 4, Page 13, of the Iredell County Registry,
which shows First Street where it lies between Sigmon Road (SR 2451) and Oak Grove Road (SR 2355) as it was depicted
on the recorded plat on July 24, 1948; and
WHEREAS, First Street is located on said plat and more specifically identified on the Iredell County GIS Grid
Map 4753, Block 56; and
WHEREAS, First Street is an unimproved street, which crosses the property of the petitioners for a distance of
309 feet; and
WHEREAS, First Street is not part of the North Carolina Division of Highways State Maintained System; and
WHEREAS, the land owners, Rachel T York and Barry Lynn & Beverly Kim Y. Lippard, have other more
convenient access to the property and consents to the abandonment of the road pursuant to G.S. 153A-241; and
WHEREAS, the abandonment of said road is not contrary to public interest and no other individual owning
property on said road other than the petitioners would be deprived of reasonable means of ingress and egress to his/her
property; and
NOW THEREFORE BE IT RESOLVED by the Chairman and Members of the Board of County Commissioners of
Iredell County, North Carolina, that they do hereby declare their intention to abandon the public road herein described,
and do call a special hearing on the question to be heard on the 2"`i day of September, 2008, at 7:00 p.m. in the
Commissioners Meeting Room of the Iredell County Government Center (Old Courthouse) at 200 S. Center Street,
Statesville, North Carolina; and that a copy of this resolution be posted, published and mailed as required by G.S. 153A-
241.
2. Request for the Acceptance of the Annual Tax Settlement for the Preceding Year in Accordance
with G.S. 105-373 & Issuance of the 2008 Tax Collection Orders for the Sheriff and Tax Collector: Tax
Collector Bill Torches announced that the 2007 collection rate was the best ever for Iredell County, and he
presented the annual settlement of the preceding year's taxes as follows:
2007 Taxes:
Real & Personal Levy Motor Vehicles $78,619,897.02
Motor Vehicles 6,677,398.10
Add: Discoveries 729,039.40
Deduct: Releases (698,247.19)
$85,328,087.33
Collections 83,264,474.80
2007 Outstanding Taxes $2,063,612.53
Collection Rates:
All Property 97.58%
Excluding Motor Vehicles 98.37%
Motor Vehicles 88.28%
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Delinquent Taxes
Collections $2,014,034.26
Delinquent Taxes Outstanding $2,877,463.52
2008 Taxes Collected $ 461,646.13
The Numbers
Original Collection Rate
Collected $13,225,575 more in Iredell County taxes than previous year - up 18.9%
Collected $2,967,093 more
than was budgeted -103.6% of budget
Collected for all jurisdictions:
6-30-05 $ 94,678,859
96.85%
6-30-06 $ 99,371,101 (5.0% increase)
2005
6-30-07 $112,791,286 (13.5% increase)
100.05%
6-30-08 $127,699,814 (13.2% increase)
Tax Collection Actions
98.92%
Vehicle Tags Blocked
24,418
Tax Statements
3,072
Credit Agency
1,930
Debt Setoff
1,382
Garnishments
1,118
Payment Arrangements
205
Lien Holder Letters
72
Bank Attachments
193
Foreclosures Processed
28
Tax Collection Problems
Bankruptcies - 241 for $196,477
Foreclosures - 915
Vehicle Taxes - 7.8% of total levy - 37.7% of delinquencies - $777,326
Collection Rates Last Ten Fiscal Years
Fiscal Year
Original Collection Rate
Current Collection Rate
2007
96.80%
99.54%
2006
96.85%
99.42%
2005
96.94%
100.05%
2004
96.17%
98.92%
2003
96.30%
99.35%
2002
95.81%
99.03%
2001
96.09%
98.68%
2000
96.35%
98.40%
1999
96.87%
99.56%
1998
96.77%
99.55%
Average
96.50%
99.25%
Is
Debt Setoff
Calendar years 2002-2007 ranked 14TH in the state out of 275 units of government participating with $669,961
collected. Iredell County did not participate in 2002 and 2003. In 2007, the county ranked 9th in the state with
$251,876 in collections and a 68% increase over the prior year.
(Note: The debt setoff program allows local governments to recoup delinquent property taxes out of state
income refunds owed by the NC Department of Revenue. The Department of Revenue "sets off' the back
property taxes owed by the citizen if a participating local government has shared a delinquent tax listing. )
STATE OF NORTH CAROLINA ( )
( ORDER )
COUNTYOFIREDELL ( )
TO.- THE SHERIFF OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the
Tax Assessor and in the tar receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such
taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County oflredell, and this order shall
be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for
and on account thereof, in accordance with law.
STATE OF NORTH CAROLINA ( )
( ORDER )
COUNTY OF IREDELL ( )
TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the
Tax Assessor and in the are receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such
tares are hereby declared to be a first lien upon all real property of the respective taxpayers in the County ofIredell, and this order shall
be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for
and on account thereof in accordance with law.
3. Request for the Waiver of Formal Bidding Requirements and the Awarding of a Contract to
Purchase a 2007 Volvo Roll Off Hoist Truck from Cavalier Equipment Corporation: Purchasing Agent
Dean Lail said earlier this year, Cavalier Equipment was awarded a formally bid contract in Pulaski County,
Virginia for a hoist truck. He said the North Carolina Statutes (piggyback exceptions) allowed local governing
boards to waive formal bid requirements for these types of equipment, and the staff was recommending a
"piggyback" onto the Virginia contract. Lail said the truck would cost $111,019.00 which was lower than the
budgeted $140,000.00.
4. Request for Approval of Two Sprint Solution Agreements for the Installation of Cellular
Amplifier Equipment in Two Buildings Occupied by EMS (Trinity VFD & Harmony EMS Site):
Purchasing Agent Dean Lail said both of these EMS sites had experienced occasional cellular
telecommunication problems. He said the installation of amplifiers would provide better service for both the
staff in the buildings as well as vehicular occupants.
5. Request for Approval of Budget Amendment #2 to Appropriate Fund Balance — Reserved
(Federal Equity Sharing) for Crime Lab Supplies and Equipment: Chief Deputy Rick Dowdle requested a
$200,000 budget amendment for the purchase of supplies/equipment for the drug analysis lab. Dowdle said the
equipment was necessary to produce crime lab test results that would be deemed reliable and evidentiary for
court proceedings. (Additional information may be found in the briefing minutes.)
6
To appropriate Fund Balance - Reserved for
BA#2
Federal Equity Sharing for Crime Lab Supplies
and Equipment
Account
Current
Chane
Amended
104880 4994.04
Fund Balance - Federal Equity Sharing
-
(200,000)
(200,000)
1005105318.00512
Lab -General Supplies
-
38,891
38,891
1005105318.02512
Lab - Instruments & Small Equipment
-
548
548
1005105318.04512
Lab -Reference Materials
-
1,556
1,556
1005106100.00512
Lab - Depreciable Assets
-
147,000
147,000
1005106200.00 512
Lab - Non -Depreciable Assets
12,0051
12,00
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6. Request from the Solid Waste Department for Approval of a Contract with Landfill Services for
the PosiShell (Alternative Daily Cover) System: Solid Waste Director David Lambert said the PosiShell
System had been used for the past three years with positive results. Lambert said a recent evaluation of
alternative coverings versus soil coverings revealed, and from a cost standpoint, that the PosiShell System was
more economical. Additionally, he said the system was approved by the North Carolina Department of
Environment and Natural Resources while its competitor (Rusmar) was only being used in one other county and
had not been endorsed by the state agency.
Commissioner Tice asked how the public was reacting to the new solid waste fees.
Lambert said there had really been no opposition or concern voiced.
7. Request for Approval of a Three -Year Agreement with Robert S. Segal, CPA PA for the State
Criminal Alien Assistance Program (SCAAP): Deputy County Manager Susan Blumenstein said the county
received federal funding to help with jail salary costs associated with the incarceration of undocumented
criminal aliens who had at least one felony or two misdemeanor convictions if detained at least four consecutive
days. Blumenstein said past annual payments had been $10,330 during 2004 and on up to $33,230 for the
current year. She said the federal paperwork needed to receive the payments was detailed, and CPA Bob Segal
was familiar with the process due to previously providing the work. Blumenstein requested approval of a
three-year agreement, and mentioned that Segal had lowered his fee from 17 cents to 15 cents per dollar
received from the SCAAP program.
8. Request to Call for a Public Hearing on Tuesday, August 19, 2008 at 7:00 P.M., Regarding
Proposed Revisions to the Iredell County Animal Control Ordinance: Assistant County Manager Tracy
Jackson shared a list containing recent revisions to the ordinance and requested a hearing on August 19.
9. Request for Approval of the July 15, 2008 Minutes
--------------------------------------------------END OF CONSENT AGENDA ---------------------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (1 announcement)
Recreation Advisory Board (I announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (4 appointments): No nominations were
submitted, and Vice Chairman Tice made a �notkm to postpone the four appointments until the August 19
meeting.
VOTING: Ayes — 5; Nays — 0.
Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted, and
Commissioner Johnson made a motion to postpone the appointment until the August 19 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (4 appointments): No nominations were submitted, and
Commissioner Robertson made a motio to postpone the four appointments until the August 19 meeting.
VOTING: Ayes — 5; Nays — 0.
Criminal Justice Partnership Program Committee (1 appointment): No nominations were
submitted, and Vice Chairman Tice made a motion to postpone the appointment until the August 19 meeting.
VOTING: Ayes — 5; Nays — 0.
Region F Aging Advisory Committee (I appointment): Vice Chairman Tice nominated Alice
Fortner.
MOTION by Chairman Norman to close the nominations and appoint Fortner by acclamation.
VOTING: Ayes — 5; Nays — 0.
N
Local Emergency Planning Committee 0 appointment): Commissioner Johnson nominated Stephen
Mauney.
MOTION by Chairman Norman to close the nominations and appoint Mauney by acclamation.
VOTING: Ayes — 5; Nays — 0.
Comprehensive Land Use Plan Oversight Committee (1 appointment): Commissioner Robertson
nominated Kenny Miller.
MOTION by Chairman Norman to close the nominations and appoint Miller by acclamation.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: County Manager Mashburn recognized his wife, Janie who was in
the audience with friends, Ken and Bertie Vaughn.
Mr. Mashburn then announced retirement plans, effective February 1, 2009, as follows:
"For sometime now I have been contemplating my retirement, and with mixed emotions I have
concluded that the best time for me and for the county would be for me to retire on February 1, 2009. By
retiring at that time, it will allow time for a new manager to work with the board and the department heads to
develop the FY 09110 budget. The best way to learn quickly about the operations of the county is to go through
the budget process.
"Although my last of meeting with the board will be January 20, 2009, I certainly want you to
know that I am honored to have been the County Manager of such a great county, and to have been able to
work so closely with such great leaders. I will miss this greatly but 1 feel that 1 am making the right decision at
the right time. My years here have been both challenging and rewarding. Challenging because of such rapid
growth over the last 20 years and rewarding because I feel I have been able to make a contribution to making
Iredell County such a great place to be.
`I conclude by asking for your prayers and support as I begin to open a new chapter of my life. My
plans are incomplete but 1 am looking forward with anticipation and confidence. "
Chairman Norman said it had been a real pleasure to work with Joel Mashburn during the last few years.
Norman said it was difficult to accept the retirement news, but Mr. Mashburn was leaving the county in
excellent shape.
Vice Chairman Tice said no county manager in the State of North Carolina had a better reputation than
Joel Mashburn. She said he would be sorely missed. Tice joked that she would actually be telling him goodbye
first, due to her decision to not seek another term on the board of commissioners in November.
Commissioner Johnson said he admired and appreciated Joel Mashburn. Johnson said he also didn't
know of a more honorable man than Mashburn.
Commissioner Williams said Joel Mashburn made the lives of the commissioners much easier due to his
organizational skills and reliability. Williams said that once the board made a decision, Mashburn became a
soldier and carried out the commissioners' directives. Mr. Williams said he was excited that Mashburn had
chosen to remain in Iredell County once retired.
Commissioner Robertson commended Mashburn's leadership skills. Robertson said he was certain that
Mashburn would have been a large company's CEO, had he not chosen a position in county management.
Robertson noted that during county functions and events, he had observed that Mashburn treated everyone as if
they were relatives and not employees. Additionally, he noted that Janie, Mr. Mashburn's wife, had
accompanied her husband to many after-hours activities and functions.
Attorney Pope said Joel Mashburn supervised many people, and this supervision had occurred without
the making of any enemies. He said this was a tribute to Mashburn's character. Pope said Mashburn was
esteemed by both colleagues and co-workers.
i
CLOSED SESSION: OTION by Chairman Norman at 7:50 P.M., to enter into closed session pursuant
to G.S. 143-318.11 (a) (6) — Personnel and G.S. 143-318.11 (a) 4 — Economic Development.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:46 P.M.)
ADJOURNMENT: There being no further business to conduct, Commissioner Robertson made a
otion to adjourn the meeting at 8:46 P.M. (NEXT MEETING: Tuesday, August 19, 2008, at 5 and 7 P.M. in
the Iredell County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0.
Approval:
D]
Clerk to the Board
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