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HomeMy WebLinkAboutMarch_18_2008_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MARCH 18, 2008 The Iredell County Board of Commissioners met in Regular Session on Tuesday, March 18, 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, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Norman. POSTING OF THE COLORS: The West Iredell JROTC Color Guard consisting of Chantel Fernandez, Casey Upright, Lor Yang, Tyler Coffin, and Dallas Crone posted the colors. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE: The West Iredell JROTC Color Guard, along with Boy Scout Troop 609, consisting of Harrison Downs, Michael Myers, Ross Robinson, Ross Weiser, Jay Mixson, Nicholas Holt, and Hunter Jackson led the Pledge of Allegiance. (Jim Mixon is the Scoutmaster for Troop 609, and his assistants are John Downs, Fred Myers, and Scott Weiser. The troop is affiliated with First ARP Church in Statesville, NC.) PRESENTATION OF A PURPLE HEART MEDAL TO MR. WILLIAM A. THOEL FOR WOUNDS RECEIVED IN THE REPUBLIC OF VIETNAM: SFC (Ret) Brad Stroud, the Veterans Service Officer for Iredell County, presented several medals to Mr. William A. Thoel, a Mooresville resident. Most notably, Mr. Thoel was presented with a Purple Heart for his military service and wounds received on February 25, 1968. Mr. Thoel was accompanied to the meeting by his wife, and other relatives, along with many of his church friends. In addition, a large contingency of veterans attended in honor of Thoel. Thoel said it took 40 years and 1 month to obtain the medals, but he recommended military service to the youth in attendance. ADJUSTMENTS TO THE AGENDA: MOTION by Commissioner Williams to adjust the agenda as follows: Deletion: • Request for Approval of an Updated Animal Control Ordinance (Changes made during the briefing will be incorporated into the document and final approval should occur at a future meeting date.) VOTING: Ayes — 5; Nays — 0. APPOINTMENT BEFORE THE BOARD Request for Financial Assistance from Judy C. Ritter, President of the Iredell County Kidney Dialysis Organization's (ICKDO) Board of Directors: ICKDO Board President Judy Ritter and Secretary Steve Kivett said the need for kidney dialysis treatment had increased due to more diabetes cases and people living longer. They advised that Iredell County had dialysis centers in Statesville, west Iredell, and in Mooresville, and $10,000 was needed to assist with transportation costs to finish out this fiscal year. The two mentioned that 254 patients were currently receiving care from the volunteer agency, and 8,000 dialysis treatments were provided last year. They said new procedures had been implemented to help build up the fund balance for the organization. Ritter said travel was difficult for the clients due to many of them being in wheelchairs, but the ICATS vans worked well. MOTION by Commissioner Johnson to appropriate $10,000 to the nonprofit kidney dialysis organization and for the funds to be taken out of contingency. Commissioner Williams noted the appropriation broke past tradition -- in that the board did not normally fund special appropriations outside the adopted budget -- but the motion was appropriate due to the needs of the dialysis clients. VOTING: Ayes — 5; Nays — 0. NOTE: This will be Budget Amendment #39 and the contingency fund will be reduced from $I11,000 to $101,000. ------------------------------------------------CONSENT AGENDA ------------------------------------------------ MOTION by Commissioner Tice to approve the following seven consent agenda items. VOTING: Ayes — 5; Nays — 0. (Note: All items were summarized during the agenda briefing.) 1. Request for the Consideration/Approval of a Resolution Outlining the Responsibilities for the Joint Operation of a Public Library with the Town of Troutman: The Iredell County Board of Commissioners agreed to the following resolution: Town of Troutman Resolution 01-08 A RESOLUTION TO OUTLINE RESPONSIBILITIES FOR JOINT OPERATION OFA PUBLIC LIBRARY WITH IREDELL COUNTY WHEREAS, the Town of Troutman wishes to enhance the quality of life of the citizens of Troutman, to promote literacy and to expand the scope of services provided to its constituents; and WHEREAS, the Town of Troutman and its citizens desire a public library; and WHEREAS, Iredell County desires to expand its library into incorporated municipalities without current service; and WHEREAS, the Town of Troutman agrees to provide an appropriate facility; and WHEREAS, Iredell County agrees to operate said facility, and WHEREAS, Iredell County agrees to provide: a) Staff, including salaries, fringe benefits, and any other personnel costs. b) Materials, including books, audiovisual materials, computer software and any other material for use by the public. c) All telecommunication services, including voice, fax, data and internet connectivity. d) All furnishings including shelving and other display furniture, tables, chairs, desks, cabinets, and any other furnishings necessary for the operation of the library. e) All building maintenance and repair services exceeding $500 in cost. 0 All utility services including telecommunications, electricity, gas, water, sewer, garbage disposal and any other utility service necessary for operations. g) Computers and other office technology for use by both the library staff and public, including computers, printers, fax machines, photocopiers, telephones and any other equipment necessary for the operation of the library. h) Courier services necessary to transport books and other materials between the branch library and the main library in Statesville; and WHEREAS, the Town of Troutman agrees to provide: a) A facility approved by the county for use as a library. The facility must meet all Federal and State regulations for public facilities, including the Americans with Disabilities Act. b) All building maintenance and repair services of less than $500 in cost. All repairs should be made in a timely manner to insure continuous operation of the library. c) The Town of Troutman may provide volunteers to assist in the operations or the library. Volunteers will be under the supervision of the library head. The Iredell County Public Library reserves the right to approve any volunteer for work in the library, and WHEREAS, both parties agree that: a)The library will be a branch of the Iredell County Public Library and all policies and procedures for the operation of the library will be determined solely by the Iredell County Public Library. b) All users of the branch library will be registered as users of the Iredell County Public Library and will have the same privileges and responsibilities as any registered Iredell Count Public Library user, and WHEREAS, the Town of Troutman has notified the county at least one year prior to the beginning of the fiscal year during which operations of the branch will begin of its wish to enter into joint operation of a library facility, and WHEREAS, the Town of Troutman has developed plans for a building to be constructed on property already designated for said facility and agrees to frequently consult with the director of the Iredell County Public Library during development of the facility, and WHEREAS, the Town of Troutman has designated a representative to serve as liaison with the director of the Iredell County Public Library, and WHEREAS, both parties agree that either party may withdraw from the agreement upon giving written notice six months prior to the end of the fiscal year (June 30). In the event either party withdraws from the agreement, the physical facility will remain the property of the Town of Troutman. All furnishings, equipment and library materials will remain the property of Iredell County. NOW, THEREFORE, BE IT RESOLVED that this joint agreement is hereby formally approved by the Board of Aldermen of the Town of Troutman and said board encourages Iredell County to do likewise, and the Mayor and Town Clerk of the municipality are hereby empowered to execute necessary documents to implement this agreement. 2. Request from the Tax Department for Approval of the February Refunds and Releases: Tax Assessor Bill Doolittle requested approval of the following refunds and releases. Releases for the month of February 2008 County 23,475.43 Solid Waste Fees 17.50 E. Alex. Co. Fire #1 9.98 Shepherd's Fire #2 376.21 Mt. Mourne Fire #3 108.45 All County Fire #4 1,775.57 Statesville City 925.95 Statesville Downtown 62.56 Mooresville Town 6,880.18 Mooresville Downtown 0.00 Mooresville School 1,742.58 Love Valley 0.00 Harmony 0.60 Troutman 12.02 Davidson 0.00 Refunds for the month of February 2008 County $4,831.27 Solid Waste Fees $0.00 E. Alex. Co. Fire #1 $52.16 Shepherd's Fire #2 $107.12 Mt. Mourne Fire #3 $143.63 All County Fire #4 $183.25 Statesville City $0.00 Statesville Downtown $0.00 Mooresville Town $94.00 Mooresville Downtown $0.00 Mooresville School $0.00 Love Valley $0.00 Harmony $0.00 Troutman $0.00 Davidson $0.00 $35,387.03 $5,411.43 3. Request from the Tax Department for Approval of a Bi -Tek Software Contract: Tax Administrator Bill Doolittle advised that Bi -Tek was the new owner of the Cott software programs. He said the current software was over 20 -years old and enhancements would be unavailable after this year. Doolittle provided the following additional information about the request: Funding Origin: The department started setting aside funds for the software replacement in 2004. The three-phase project will include data conversion and migration to a standard SQL Database as Phase I, with Phase II being a set of query tools. Phase III will be the replacement of tax office applications (Tax Billing, Collections, RMV and CAMA processes). The fund balance in the current 2007-2008 budget is $180,000, of which only $116,764 will be needed to fund the contract in 2007-2008. The balance of current year funds, plus a request of $63,604 in the 2008-2009 budget, will complete the project. The software replacement project actually costs less than the original estimate of $402,864. Up Front and Ongoing Costs: The county agreed to pay $127,880 to Bi -Tek for Phase I and 11. Phase I is finished, and Phase II is about 90% complete. The anticipated cost of Phase III of this project is $243,604. The anticipated billing schedule for Phase 111 is illustrated in the table below: Milestone Month Amount Note Contract Signing March 2008 $77,842 40% of project total Monthly Installment April 2008 $12,974 Monthly Installment May 2008 $12,974 Monthly Installment June 2008 $12,974 $116,764 in 07-08 Monthly Installment July 2008 $12,974 Monthly Installment August 2008 $12,974 Monthly installment September 2008* $12,974 Monthly Installment October 2008* $12,974 Monthly Installment November 2008* $12,974 Monthly Installment December 2008* $12,970 Final Ace tance Total Payments $194,604 Plus trainin *Note: These payments are subject to the substantial completion requirement in the Phase III contract. Training: Forty days of on-site training is expected and will be provided at a rate of $750 per day for a total of $30,000. These costs are not included in the software costs. Additional Software Enhancements: $19,000. Total Software Project cost of $ 371,484. ***** 4. Request for Approval of a Lease Agreement with Appropriate Punishment Options, Inc., for Office Space at 227 Harrill Street, Statesville, NC: County Manager Mashburn said this three-year contract would allow the APO to upfit and occupy the Harrill Street Building. He said the APO would pay for interior cleaning costs while the county would be responsible for exterior maintenance. 5. Request for Approval of a Capital Project Ordinance for Mitchell Community College's 2008 General Obligation Bond Proceeds: Deputy County Manager Susan Blumenstein provided the following capital project ordinance for the new student services center. Iredell County, North Carolina Mitchell Community College Community College Construction Projects - 2008 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 from the following sources: Original Ordinance GO Bond Proceeds 4 $5,300,000 55,300,000 Section 2. The following costs for school projects shall be paid by this fund: Professional Fees - Architect $234,100 Construction Management Testing, Permits, and Other Fees 39,020 Closing Costs 60,000 General Construction 4,021,000 Contract 3,901,000 1,175,000 (1) Unencumbered 120,000 3,030,000 Future Capital Project 945,880 Water/Sewer - Furniture, Fixtures & Equipment 5 300 000 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Transfers between line items shall only be made upon formal action by the MCC Board of Trustees and such action shall be reported to the Iredell County Board of Commissioners at its next regularly scheduled meeting. Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. This Capital Project Ordinance being adopted March 18, 2008. 6. Request for Approval of a Capital Project Ordinance for the Series 2008 Certificates of Participation: Deputy County Manager Susan Blumenstein provided ordinances for the Iredell-Statesville School projects (Celeste Henkel, Cloverleaf, Coddle Creek, East Iredell, Shepherd, South Iredell, Statesville High) and the Mooresville projects (Rocky River & the Mooresville Intermediate conversion to Mooresville Middle), along with a solid waste ordinance and bond closing cost ordinances. She said the funds would be available for expenditure after the March 20, 2008 bond closing. Summary ordinances for the projects are as follows: Iredell County, North Carolina Capital Project Ordinance Summary Certificates of Participation, Series 2008 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 from the following sources: Original Ordinance Par Amount of 2008 COPS $ 111,375,000 Net Premium on COPS 2,402,202 Interest on Bond Proceeds 1,388,600 Public School Building Capital Fund 1,919,700 Contribution — Mooresville Graded Schools 1,124,555 Sales Taxes Reimbursed 2,456,038 Town of Mooresville 1,820,000 S 122,486,095 Section 2. The following costs for school projects shall be paid by this fund: Professional Fees — Architect 6,790,425 Closing Costs 2,412,395 Testing, Permits, and Other Fees 2,189,045 General Construction Contract 91,716,865 (1) Unencumbered 5,503,825 96,770,690 Grading, Excavation & Other 113,500 Transitional Costs (mobiles) 1,175,000 Land Purchases — Schools 3,030,000 Solid Waste Land Purchase 4,750,000 Furniture, Fixtures & Equipment 5,255,040 $ 122,486 095 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Transfers between line items shall only be made upon formal action by the Iredell- Statesville Board of Education or the Mooresville Graded Schools Board of Trustees and reported to the Iredell County Board of Commissioners at its next regularly scheduled meeting. Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Iredell County, North Carolina Capital Project Ordinance Iredell-Statesville Schools School Construction Projects — 2008 Updated 3/17/2008 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 from the following sources: COPS Proceeds Original Ordinance $80,904,446 Interest on Bond Proceeds 1,098,960 Public School Building Capital Fund 899,700 Contribution — Iredell-Statesville Schools - Sales Taxes Reimbursed 1,748,539 Town of Mooresville 1.820.000 $86,471,645 Section 2. The following costs for school projects shall be paid by this fund: Professional Fees — Architect, Management, Printing $5,359,730 Testing, Permits, and Other Fees 1,199,500 Closing Costs - General Construction 289,640 Contract 69,818,915 1,020,000 (1) Unencumbered 3,350,000 73,168,915 Grading, Excavation & Other 113,500 Water/Sewer - Transitional Costs (mobiles) 1,175,000 Land Purchases 3,030,000 Furniture, Fixtures & Equipment 2,425,000 $86,47 I ,645 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Transfers between line items shall only be made upon formal action by the Iredell- Statesville Board of Education and such action shall be reported to the Iredell County Board of Commissioners at its next regularly scheduled meeting. Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Iredell County, North Carolina Capital Project Ordinance Mooresville Graded School District Construction Projects. 2008 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 from the following sources: Original Ordinance COPS Proceeds $25,710,360 Interest on Bond Proceeds 289,640 Public School Building Capital Fund Contribution 1,020,000 Mooresville Graded Schools 1,124,555 Sales Taxes Reimbursed 707.500 28,852,055 6 Section 2. The following costs for school projects shall be paid by this fund: Professional Fees — Architect $1,430,695 Testing, Permits, and Other Fees 989,545 Closing Costs General Construction Contract 21,897,950 (1) Unencumbered 1,703,825 23,601,775 Grading, Excavation & Other Water/Sewer Transitional Costs (mobiles) Land Purchases Furniture, Fixtures & Equipment $2,830,040 28.852.055 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Transfers between line items shall only be made upon formal action by the Mooresville Graded Schools Board of Trustees and such action shall be reported to the Iredell County Board of Commissioners at its next regularly scheduled meeting. Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Iredell County, North Carolina Capital Project Ordinance School Construction Projects 2008 Closing Costs 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 from the following sources: Original Ordinance COPs Proceeds $2,412,395 2 412 395 Section 2. The following costs for school projects shall be paid by this fund: Bond Insurance $1,588,580 Underwriter's Discount 526,520 Other (Attorney's, LGC, Ratings Agency, etc.) 297,295 2 412 395 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Transfers between line items shall only be made upon formal action by the Iredell- Statesville Board of Education and such action shall be reported to the Iredell County Board of Commissioners at its next regularly scheduled meeting. Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee Iredell County, North Carolina Capital Project Ordinance Solid Waste Expansion Project —COPS 2008 Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Pr eject Fund will be provide the following sources: Original Ordinance CON Proceeds $ 4,750,000 $ 4,750.000 Section 2. The following costs for school projects sha be paid by this fund: Land Purchase $ 4,75 0,000 $ 4,750,000 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Transfers between line items shall onl y be made upon formal action by the Iredell County Board of Commission ers. Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. 7 7. Request for Approval of the Winter Planning Session Minutes (Feb. 22 — 23, 2008) and the March 4, 2008 Minutes OF CONSENT AGENDA ------------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (2 appointments): No nominations were submitted, and Commissioner Tice made otion to postpone the two appointments until the April 1 meeting. VOTING: Ayes — 5; Nays — 0. Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted, and Commissioner Johnson made miotion to postpone the appointment until the April 1 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (4 appointmentsL-No nominations were submitted, and Commissioner Tice made motion to postpone the four appointments until the April I meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program Committee (1 appointment)7 No nominations were submitted, and Commissioner Johnson made otio to postpone the appointment until the April 1 meeting. VOTING: Ayes — 5; Nays — 0. Historic Properties Commission (3 appointments): Commissioner Johnson nominated, and made a otion to appoint, Teresa Turner, Robert Woody, and Keith Hollar to this commission. Animal Grievance Committee (1 appointments Commissioner Tice nominated Grant Miller. MOTION by Commissioner Norman to close the nominations and appoint Miller by acclamation. VOTING: Ayes — 5; Nays — 0. (Note: Mr. Miller previously served as an alternate on the committee. With his appointment as a regular member, an alternate will now be needed.) Animal Services & Control Facilities Committee (4 appointments): Commissioner Tice nominated Charlie Karlow, Dr. Kathy Kramer, Ken Robertson and Godfrey Williams. MOTION by Chairman Norman to appoint Karlow, Kramer, Robertson and Williams to the Animal Services & Control Facilities Committee. VOTING: Ayes — 5; Nays — 0. (Commissioners Robertson and Williams previously agreed to serve on this committee that will review the design work for the new animal control facility to be located on Bristol Drive. Dr. Kramer is a member of the Friends of the Animals Organization and Mr. Karlow is a member of the Humane Society.) a PUBLIC COMMENT PERIOD: No one desired to speak. NEW BUSINESS UPDATE ON THE PHASE IV LANDFILL CELL: Solid Waste Director David Lambert said a permit was issued on July 5, 2007, to construct a fourth lined landfill cell. He said much of the excavation had been accomplished by the solid waste employees and actual cell construction began in November. Lambert said the 17 -acre site would provide capacity for the next four and one-half years. He said a permit to operate would have to the issued by the North Carolina Department of Environment and Natural Resources, and the staff hoped to use the site by mid-May 2008. CLOSED SESSION: MOTION by Chairman Norman at 7:59 P.M., to enter into closed session pursuant to Property Acquisition — G.S. 143-318.11 (a) (5). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:15 P.M.) ADJOURNMENT: There being no further business, Chairman Norman made a Fotion at 8:15 P.M., to adjourn the meeting. (NEXT MEETING: Tuesday, April 1, 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: 9 Clerk to the Board