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HomeMy WebLinkAboutJuly_15_2008_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JULY 15, 2008 The Iredell County Board of Commissioners met in Regular Session on Tuesday, July 15, 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, Assistant Planning Director Steve Warren, Transportation Director Ben Garrison, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Norman INVOCATION by Commissioner Williams PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to accept the following agenda adjustments. Addition: Request for Approval of a Cabarrus/Iredell/Rowan Consortium Joint Cooperation Agreement for the Home Investment Partnership Act (Home Investment in Affordable Housing) Deletion: Request from the Register of Deeds for Approval of an e -Commerce Software Agreement with Cott Systems VOTING: Ayes — 5; Nays- 0. PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing. Consideration of the FY 09 Rural Operating Assistance Program (ROAP) Application/Grant: Transportation Director Ben Garrison said everything was in order to approve the FY 09 ROAP grant application totaling $306,042. He said $121,898 had been requested for the elderly and disabled program, along with $32,290 for the employment transportation assistance program, and $151,854 in Rural General Public assistance funding. Garrison said a ten percent local match was needed for the rural general request; however, these funds were obtained from passenger fares. Commissioner Williams asked about the "loops," or the scheduled routes, and if any had been consolidated. Garrison said one route was not efficient, and it was eliminated after providing notice to the riders. He said the riders were directed to another convenient route. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Williams to approve the FY 09 Rural Operating Assistance Program (ROAP) Application/Grant as presented. VOTING: Ayes — 5; Nays — 0. Chairman Norman declared the meeting to be in a public hearing. Consideration of Plans to Officially Close -Out the 2003 Scattered Site Housing Grant: Deputy County Manager Susan Blumenstein said $400,000 in Scattered Site Housing grant funds were previously provided from the U.S. Department of Housing and Urban Development to serve predominantly low and moderate -income households. She said that on June 13, 2008, authorization was given to close the grant, but first, a public hearing was necessary. Chairman Norman asked if anyone else desired to speak. With no one choosing to do so, the hearing was adjourned. MOTION by Commissioner Tice to close-out the 2003 Scattered Site Housing Grant as requested by the staff. VOTING: Ayes — 5; Nays — 0. Chairman Norman declared the meeting to be in a public hearing. Request from Harold and Paulette Childers for a Zoning & Subdivision Jurisdiction Release to the Town of Mooresville for 5.39 Acres at 146 Doolie Road, Mooresville, NC: Assistant Planning Director Steve Warren reviewed this request for the planning department. He said Harold and Paulette Childers were requesting a release of zoning and subdivision jurisdiction to the Town of Mooresville for property located north of Lake Norman High School. Warren continued by saying (1) the property was identified as PIN #4637-58-3432 (2) the proposed use for the property had not been established (3) the owner planned to live on the property until it was sold (4) the property was located in one of the largest commercial areas of the county (5) the Town of Mooresville's Planning Department supported a corridor mixed-use development for the property in keeping with the Future Land Use Plan (identifies the area as a Village Center) (6) the property was identified as a transitional area in the county's River Highway Corridor Plan, which parallels the future mixed-use development supported by the Town (7) the Town has more stringent guidelines with regard to design criteria, and a Traffic Impact Analysis for developments that generate 500 trips per day or 100 trips during peak hour will be required. Warren said that based on the commercial nature of the area, along with the willingness of the Town to take jurisdiction, and the more stringent requirements of the Town, the county staff recommended approval. Dale Robbins, agent for the Childers' request, announced that he was available to answer questions about this case, as well as the Randell Scott Robbins release request. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Johnson to grant the Childers' request for zoning and subdivision release of jurisdiction to the Town of Mooresville. VOTING: Ayes — 5; Nays - 0. Chairman Norman declared the meeting to be in a public hearing. Request from Randell Scott Robbins for a Zoning & Subdivision Jurisdiction Release to the Town of Mooresville for 1.51 acres at 147 Doolie Road, Mooresville, NC: Assistant Planning Director Steve Warren provided the following information about this request. • The property is north of Lake Norman High School. • The PIN# is 4637-58-9451. • The proposed use of the property has not been established, and the owner plans to live at the site until it is sold. • The property is located in one of the largest commercial areas of the county. • The Town of Mooresville's Planning Department supports a corridor mixed-use development for the property in keeping with the Future Land Use Plan, which identifies the area as a Village Center. • The subject property is identified as a transitional area in the county's River Highway Corridor Plan, which parallels the future mixed-use development supported by the Town. The Town also has more stringent guidelines with regard to design criteria. (A Traffic Impact Analysis for developments generating 500 trips per day or 100 trips during peak hour will be required.) As in the Childers' request, Warren said that based on the commercial nature of the area, plus the willingness of the Town to take jurisdiction, the staff recommended approval. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Robertson to grant the Robbins' request for zoning and subdivision release of jurisdiction to the Town of Mooresville. VOTING: Ayes — 5; Nays - 0. RECOGNITION OF BOY SCOUTS: County Manager Joel Mashburn recognized Boy Scout Matthew Jones with Troop 609 and Boy Scout Nathan McElbey with Troop 348. Mashburn said the young men were attending the meeting to obtain their citizens in the community merit badges. ----------------------------------------------------CONSENT AGENDA ------------------------------------ MOTION by Commissioner Johnson to approve the following ten (10) consent agenda items. VOTING: Ayes — 5; Nays — 0. (All requests were explained during the agenda briefing.) 1. Request for Approval of the June Refunds and Releases: County Manager Joel Mashburn, upon a request of Tax Administrator Bill Doolittle, presented the following refunds and releases. (Doolittle, through a memo, advised that everything was in order for approval.) Releases for the month of June 2008 Breakdown of Releases: County $18,300.45 Solid Waste Fees $113.00 E. Alex. Co. Fire #1 $6.70 Shepherd's Fire #2 $236.58 Mt. Mourne Fire #3 $18.52 All County Fire #4 $1,067.96 Statesville City $814.28 Statesville Downtown $3.00 Mooresville Town $10,221.77 Mooresville Downtown $0.00 Mooresville School $1,961.46 Love Valley $0.00 Harmony $9.07 Troutman $74.13 Davidson $60.27 Refunds for the Month of June 2008 Breakdown of Refunds: County $3,464.44 Solid Waste Fees $0.00 E. Alex. Co. Fire #1 $0.00 Shepherd's Fire #2 $0.00 Mt. Mourne Fire #3 $0.00 All County Fire #4 $400.05 Statesville City $0.00 Statesville Downtown $0.00 Mooresville Town $134.21 Mooresville Downtown $0.00 Mooresville School $36.98 Love Valley $0.00 Harmony $0.00 Troutman $0.00 Davidson $0.00 $32,887.19 $4,035.68 2. Request for Approval of Budget Amendment #1 to Recognize a $19,500 EZ - Technology Planning Grant from the State Library of North Carolina: Library Director Steve Messick and Assistant Library Director Peggy Carter requested permission to apply for a $19,500 grant that will be used to hire a consultant to develop a technology plan. Messick said in FY 2009-10, the Integrated Library System would need to be replaced or upgraded. He said the consultant would help evaluate the options both in terms of evaluating vendors and providing a short-range plan for obtaining other service and equipment needs. Messick said no matching funds were needed, and having a future needs plan available would actually help to secure more grants. 3. Request from the Fire Marshal's Office for Approval of an Interlocal Agreement between Iredell County and the Town of Mooresville to Cede Plans Review for Purposes of Fire Protection: Fire Marshal Lloyd Ramsey said the purpose of this agreement was to allow the review of some building plans, for fire code compliance, by the Town of Mooresville instead of the county. He said another purpose was to assist developers, or builders, whose projects might be straddled between the two jurisdictions -- where a project started with the county but was completed under Mooresville's guidelines. Mooresville Fire Marshal Gary Styers said developers sometimes had time constraints, and the agreement would give these individuals a choice -- the project could remain in one jurisdiction from "cradle to the grave." Commissioner Robertson asked if water was the primary reason for the agreement. Both Ramsey and Styers agreed. Ramsey said most of the fire code appendices that had been adopted by Mooresville pertained to water. The following narrative will aid in determining the properties to be Ceded for Fire Plan Review: County agrees that its authority to perform fire plan review inspections and issue any permits based on such review will be automatically ceded, and therefore, transferred to the Town of Mooresville provided that the town agrees to conduct such reviews for any of the following a. Properties in which zoning jurisdiction is released from County to Town; or b. Properties in which either water or water and sewer services will be provided by Town upon request of owner; or C. Properties which have been petitioned to be voluntarily annexed into Town; or d. Properties located within one mile of the Town's ETJ The County's responsibilities will be as follows: The County agrees to: i. provide any pre -permit reviews of'any applicable County ordinances or regulations; ii. provide certification to the town where necessary, that building plans are in accordance with County regulations, ordinances and policy; iii. adopt the Town's Fire Code Ordinance and any subsequent amendments in a predefined area outside the town limits; iv. allow the Town to retain any fees collected by the town for any permit fees required by the Town or because of its enforcement of Town ordinances; and v. not hold the Town ordinances or 4. Request from the Juvenile Crime Prevention Council for Approval of the FY 08- 09 Funding Plan: Juvenile Crime Prevention Council Chairman Vicki Dame said the FY 09 funding plan was recommended for approval. She said $252,916 had been allotted to six programs, and that $15,500 had been approved for administrative expenses for a total of $268,416. 5. Request for Approval of a Co -Location Agreement Between Troutman Fire - Rescue, Inc., and Iredell County (Emergency Medical Services Department): Assistant County Manager Tracy Jackson said Troutman Fire - Rescue was building a substation near the Bells Crossing Subdivision, and the agency was agreeable to allowing EMS to locate a base of operations at the site. He said the fire and rescue department had agreed to a ten-year lease for a vehicle bay and the appropriate living/working space for EMS personnel at a cost of $2,000 a month. (This will be a 24/7 EMS base.) Jackson said the lease would not begin until August of 2009, but the fire and rescue service needed to know the county's commitment. He said having an EMS presence in this area (Perth Road between Troutman and Mooresville) would be of great benefit to the county's citizens. 6. Request for Approval of a Three -Year HVAC ("Prime" Service/Maintenance) Contract with Johnson Controls for the Social Services Building on Eastside Drive, Statesville): This "prime" service/maintenance contract was approved after lengthy discussion. (See the briefing minutes for more information.) 7. Request for Approval of a Consulting Services Agreement with MGT of America, Inc., for FY 09, FY 10, & FY 11): Deputy County Manager Susan Blumenstein said an annual cost allocation plan was required to recover indirect costs for Social Services administrative costs, EMS Medicaid Maximization, and certain Health Department reimbursements. She said the plan was also used to determine the full cost of services and to establish user fees. Mrs. Blumenstein said MGT of America, Inc., was a highly reputable firm with an office in Raleigh, NC. She said a proposed fee of $7,500 a year, for the next three -years, (FY 09, FY 10, & FY 11) had been submitted. 8. Request for the Appointment of Chairman Marvin Norman as the Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners on Saturday, August 23 in New Bern, NC: Chairman Norman, as well as the county manager, will attend this conference. 9. Request for Approval of the June 17, 2008 Minutes 10. Request for Approval of a Cabarrus/Iredell/Rowan Consortium Joint Cooperation Resolution/Agreement for the Home Investment Partnership Act (Home Investment in Affordable Housing): County Manager Joel Mashburn said this agreement was first initiated in 2002, and a renewal occurred in 2005. He said Iredell County did not utilize the program; however, Statesville and Mooresville were active participants. Mashburn said the municipalities could not drawdown funds without the county being a consortium member. He said the City of Concord served as the lead agency. RESOLUTION AUTHORIZING THE CHAIRMAN OF THE IREDELL COUNTY BOARD OF COMMISSIONERS TO ENTER INTO A JOINT COOPERATION AGREEMENT EXTENDINGTHE CABARRUS/IREDELL/ROWAN HOUSING CONSORTIUM Program Provider DJJDP Funding LOCAL FUNDING OTHER Total County Local Cash Local In- Kind State/ Federal 1 At Risk Kids $60,931 $29,492 $5,500 $95,923 2 Barium Springs $78,908 $30,042 $32,836 $141,786 3 Psychological Services $7,350 $3,150 $10,500 4 Don -Lin $9,453 $2,836 $12,289 5 Project Challenge $67,274 $20,182 $87,456 6 JuvenileMediation $29,000 $1,000 $23,000 $53,000 7 ICPC $15,500 $15,500 TOTALS: 5268,416 $30,042 $66,164 $28,832 $23,000 $416,454 5. Request for Approval of a Co -Location Agreement Between Troutman Fire - Rescue, Inc., and Iredell County (Emergency Medical Services Department): Assistant County Manager Tracy Jackson said Troutman Fire - Rescue was building a substation near the Bells Crossing Subdivision, and the agency was agreeable to allowing EMS to locate a base of operations at the site. He said the fire and rescue department had agreed to a ten-year lease for a vehicle bay and the appropriate living/working space for EMS personnel at a cost of $2,000 a month. (This will be a 24/7 EMS base.) Jackson said the lease would not begin until August of 2009, but the fire and rescue service needed to know the county's commitment. He said having an EMS presence in this area (Perth Road between Troutman and Mooresville) would be of great benefit to the county's citizens. 6. Request for Approval of a Three -Year HVAC ("Prime" Service/Maintenance) Contract with Johnson Controls for the Social Services Building on Eastside Drive, Statesville): This "prime" service/maintenance contract was approved after lengthy discussion. (See the briefing minutes for more information.) 7. Request for Approval of a Consulting Services Agreement with MGT of America, Inc., for FY 09, FY 10, & FY 11): Deputy County Manager Susan Blumenstein said an annual cost allocation plan was required to recover indirect costs for Social Services administrative costs, EMS Medicaid Maximization, and certain Health Department reimbursements. She said the plan was also used to determine the full cost of services and to establish user fees. Mrs. Blumenstein said MGT of America, Inc., was a highly reputable firm with an office in Raleigh, NC. She said a proposed fee of $7,500 a year, for the next three -years, (FY 09, FY 10, & FY 11) had been submitted. 8. Request for the Appointment of Chairman Marvin Norman as the Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners on Saturday, August 23 in New Bern, NC: Chairman Norman, as well as the county manager, will attend this conference. 9. Request for Approval of the June 17, 2008 Minutes 10. Request for Approval of a Cabarrus/Iredell/Rowan Consortium Joint Cooperation Resolution/Agreement for the Home Investment Partnership Act (Home Investment in Affordable Housing): County Manager Joel Mashburn said this agreement was first initiated in 2002, and a renewal occurred in 2005. He said Iredell County did not utilize the program; however, Statesville and Mooresville were active participants. Mashburn said the municipalities could not drawdown funds without the county being a consortium member. He said the City of Concord served as the lead agency. RESOLUTION AUTHORIZING THE CHAIRMAN OF THE IREDELL COUNTY BOARD OF COMMISSIONERS TO ENTER INTO A JOINT COOPERATION AGREEMENT EXTENDINGTHE CABARRUS/IREDELL/ROWAN HOUSING CONSORTIUM WHEREAS, Iredell County has determined that the health and welfare of its jurisdiction may benefit from increasing the availability of safe, affordable, and standard housing; and WHEREAS, Iredell County has determined that providing safe, affordable, and standard housing will benefit work force productivity and area economic development; and WHEREAS, a cooperative approach to providing housing in Cabarrus, Iredell and Rowan counties will avoid duplication of effort and promote more effective delivery of housing services; and WHEREAS, a consortium of local governments may be entitled to receive funds from the U.S. Department of Housing and Urban Development, that they would be unqualified to receive individually, and WHEREAS, Title II of the Cranston -Gonzalez National Affordable Housing Act makes provisions whereby units of general local governments may enter into cooperation agreements and form consortia to undertake or assist in undertaking affordable housing pursuant to the HOME Investment Partnership Program; and WHEREAS, Iredell County, North Carolina, along with the other units of general local governments, with the Citv of Concord as the lead entity, desire to form the Cabarrus/ I redell /Rowan Housing Consortium to undertake or assist in undertaking affordable housing under Title II of the Cranston -Gonzalez National Affordable Housing Act and WHEREAS, Article 20 of Chapter 160A of the North Carolina General Statutes authorize units of local government to enter into contracts or agreements with each other in order to execute any undertaking; and NOW, THEREFORE, be it resolved by the Iredell County Board of Commissioners that: 1. Iredell County hereby supports the continuation of the Cabarrus/Iredell/Rowan Housing Consortium. The Chairman of the Iredell County Board of Commissioners is authorized to execute an agreement with the other participating units of general purpose local government in Cabarrus/Iredell/Rowan counties to sustain this Consortium; and 2. The Chairman is further authorized to sign all contracts, grant agreements, including certifications, approved by the County Attorney, with the Department of Housing and Urban Development, the State of North Carolina or other agencies as may be required to carry out activities of the Consortium. -----------------------------------------END OF CONSENT AGENDA ------------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Local Emergency Planning Committee (I announcement) Comprehensive Land Use Plan Oversight Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Commissioner Tice made a otion to postpone the appointments until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted, and Commissioner Johnson made a �11040to postpone the appointment until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (4 appointments): No nominations were submitted, and Commissioner Tice made a motio to postpone the appointments until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program Committee (1 appointment): No nominations were submitted, and Commissioner Johnson made a otion to postpone the appointment until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. Animal Grievance Committee (1 alternate appointment): Commissioner Williams nominated Keith Loudermilt. No other nominations were submitted, and Chairman Norman made a motio to appoint Loudermilt as the alternate. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (1 appointment): Commissioner Tice nominated Todd Alexander. No other nominations were submitted, and Chairman Norman made a Fotionlto appoint Alexander. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (1 appointment): No nominations were submitted, and Commissioner Tice made a motion to postpone the appointment until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. PUBLIC COMMENT PERIOD: An opportunity was given for the public to speak, but no one chose to do so. COUNTY MANAGER'S REPORT: County Manager Mashburn said a written activity report had been distributed, and he requested that everyone review the Inspections information. Mashburn said a total of 7,451 building permits were issued in June compared to 7,683 for May of this year. He said that in June of 2007, a total of 8,668 permits were issued, and this showed the economy was moving at a slower pace. Mashburn said, however, the county wasn't suffering as badly as other areas. ADJOURNMENT: There being no further business to conduct, Commissioner Tice made a motio at 7:25 P.M., to adjourn the meeting. (Next meeting: Tuesday, August 5, 2008, at 5 and 7 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC 28677) VOTING: Ayes — 5; Nays — 0. Approval: Clerk to the Board