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HomeMy WebLinkAboutOctober_21_2008_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 21, 2008 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 21, 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 County Manager Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Nonnan. ADJUSTMENTS TO THE AGENDA: MOTION by Commissioner Johnson to approve the following agenda adjustment. Deletion: Request from Appropriate Placement Options, Inc., for $40,000 to serve 40 Detainees from November 2008 — June 2009 VOTING: Ayes — 5; Nays — 0. INTRODUCTION OF A BOY SCOUT: Commissioner Robertson advised that Boy Scout Aaron Overcash, with Troop 332 in Mooresville, NC was attending the meeting. Overcash was accompanied by his father, Seth Overcash, the troop's scoutmaster. PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing. Consideration of a Preliminary Assessment Resolution in Regards to Property Currently owned by Langtree Properties, LLC, Richard W. and Pamela M. Howard, David Jacobs and Peggy S. Jacobs, S&S Family Limited Partnership, Atrium at the Lake, Inc., and the John Q. Hammonds Revocable Trust with the Properties being at/near the Intersections of Langtree, Alcove, Mecklynn, Caldwell Woods Roads, and Interstate 77, in the Davidson Township, along with additional land if contiguous by land or water in Iredell County, North Carolina: Attorney David Parker, representing Langtree at the Lake and the John Q. Hammonds Revocable Trust, discussed a special assessment district. Parker shared information, some of which is as follows, about the proposed assessment district. What is Langtree at the Lake? Langtree at the Lake and the John Q. Hammonds Hotel project are located on approximately 175 acres occupying three of the four quadrants of the emerging Langtree Exit 32 on I-77 adjacent to Lowes' 260+ acre corporate campus and a 20 mile Interstate jump North of the Charlotte Central Business District. How Does a Special Assessement Improvement District (SAID) Work? North Carolina counties can now get developers to pay for public infrastructure improvements through bonds paid for on the developer's "benefitted properties." The county's ability to issue other types of bonds is not impeded (NCGS§ 159-55(a) (1)). Tax base is brought on-line quicker in a tough credit environment. If there is a default, the county is not liable (NCGS§ 159-95 and 153A-200). Everybody wins. The key is to make sure the properties in the district are fairly assessed based on the benefit to them based on their use and the cost of the infrastructure. 'South Carolina, Alabama, Florida, Louisiana, Arkansas, Mississippi, and 15+ other states already have SAIDs. Public Infrastructure fundable by special assessments as provided in this Article against benefitted property" under NCGS§153A-210.2 is as follows: *Sanitary sewer systems *Storm sewers *Water systems *Public transportation facilities *School facilities *Streets and sidewalks *Capital costs What is in the Final Assessment Resolution? *Description of the project in general terms (153A-192). Infrastructure •General description of the boundaries of the areas benefited (153A-192). Langtree at the Lake and Hammonds •Project's total estimated cost (153A-210.2). $57,693,100 •The basis on which the special assessments will be made (153A-192) and Assessment method (153A-210.2 and 153A-186). Benefits to Property *The percentage of the cost of the work that is to be specially assessed (153A-192). 80% ($46,154,480 Phase I: $15,000,000) *The terns of payment, including conditions for abeyance (153A-192) and number of annual installments (153A-210.5). 30 years •Inclusion of debt service reserves for two years after construction completion (159-84). Yes What happens next? •Application to Local Government Commission for approval (NCGS 159-510) *County adopts Bond documents (NCGS 159-57 et. seq) (engineer's report, methodology, resolution) *County prepares preliminary assessment roll (NCGS 153A-194), conducts hearing on Assessment Roll (NCGS 153A-195) •Bond Validation, Pricing and Closing Parker said the new legislation allowed developers to pay for infrastructure, and the assessments were placed on the people deriving benefits from the improvements. He said the project had been discussed with Attorney Don Ubell (Parker Poe Bernstein Law Firm in Charlotte) who had assisted in getting the legislation passed. Commissioner Tice asked County Attorney Pope if he was in agreement with the request as presented. Pope said discussions had occurred with Attorney Parker. Mr. Pope agreed that the county probably had no legal liabilities, but he mentioned some reservations on his part. Pope stated he wanted to be cautious, because if the special assessment passed, the request would set a precedent. He said the project's feasibility was unknown, as well as the impact on the schools and public safety agencies. Pope said from a legal perspective, there were no reservations, and he had consulted with the county's bond counsel in New York to arrive at this conclusion. Mr. Pope agreed that the bonds would not be using the faith and credit, or taxing authority of the county; however, he said that if the project defaulted, the county might suffer a reputation taint. He said components could probably be added to "shore up" the request, but the mechanics had not been studied. Mr. Pope said he understood the assessment basis was determined by an equivalent residential unit, and he had questions on how this was applied to the various aspects of the mixed development project (hotel rooms, condos, convenience stores). Pope said that if Commissioner Tice was asking if the county had any legal liability on the bonds, then he would say that he didn't think they did. Attorney Parker said it would be the responsibility of the Local Government Commission (LGC) to determine the feasibility of the project and to answer whether or not revenues would be generated to pay off the bonds. He said the North Carolina arrangement did not set up self- governing districts, and the LGC would review the mechanics. Parker said the assessment roll would show this. He said the equivalent residential unit could be viewed similarly to a traffic impact analysis -- you reviewed how many trips were generated by an office or a residence. Parker said the fairest method possible was needed for the assessment. 2 Deputy County Manager Blumenstein indicated that the Local Government Commission (LGC) could meet to discuss the project on Wednesday, October 29. Commissioner Johnson asked if an analysis of the developer's business plan and the revenue stream for the debt service would occur. He also asked if the county would have to front any of the costs. County Manager Mashburn said the bond issue should cover all the costs. Commissioner Johnson asked if special assessment projects, of this type, had occurred in North Carolina. He also asked if the developers were certain that revenues would be available when the debt service started. Attorney Parker said the legislation was only passed in North Carolina this past August, and no projects had occurred. In regards, to debt service payments, he said interest was capitalized for the first two years, and this was stipulated in the final assessment resolution. Attorney Pope mentioned that the county taxed at a certain time of the year. Parker said the assessment went out the same day as the county tax bills. He said the assessment list would be sent to county tax office. Commissioner Johnson mentioned a reputation taint. He asked what would happen if the county went to the bond market in the future for schools, and the following scenario had occurred on the assessment project: The developer defaults.*The bonds aren't paid but the county collects the assessment*The bond holder asks the county for the money.*The matter is tamed over to the courts. He asked if the county would be embarrassed. Attorney Pope said it was his opinion the county would be embarrassed. He said the situation would not affect the county's ability to issue bonds; however, it might affect the county's ability to sell bonds. Mr. Pope said the impact on selling future bonds, if the project defaulted, was unknown to him. He said the topic had been discussed with the county's bond counsel in New York, and that attorney agreed there could be a reputation taint. Commissioner Johnson asked if the county could suffer higher interest rates in the future. Pope said it was possible. He said a more probative question was "What is the real possibility of a loss?" Pope said the lien for the assessment was going to be junior only to a federal tax lien and to the county's tax lien. Alan Barksdale, with Crews and Associates (investment banking firm in Arkansas) said it was only when the assessments were not collected that a bond default could occur. Barksdale said the owners were billed, and the payments came to the county. He said then, the payments were remitted to the trustee on behalf of the bond holders. Barksdale said there was a one year reserve fund on the amount of debt service on the bonds. He said if the assessments were not paid, then there could be a drawdown on the reserve fund. Barksdale said another remedy was that the property would go to the tax roll. He said the proceeds of the tax sale would be used to pay that year's assessment, or they would be used to completely pay off the total amount depending on how it was bought. He said, for example, if there was $100 million of infrastructure and vertical improvements, and someone borrowed $10 million, then an investor could assume that if assessments were not paid, the property could be liquidated for $10 million. Continuing he said people who invested in bonds were not "moms and pops" -- they knew what they were doing. He said the buyers gauged the risk based on the borrowing amount of the property being assessed because that was the true security. Barksdale said the capital markets were very mature, and the buyers did much research before buying. Pope said the worse case scenario to him was the developer defaulting in mid -stream, and the infrastructure was half done. He asked Barksdale's comments. Barksdale said his company would not underwrite a transaction unless the full component of the work phase was funded upfront. He said, typically, all of the money on day one was in a 3 construction fund and draw downs were made to the trustee. Mr. Barksdale said a third -party district manager would monitor the payments. Parker said this was why interest was capitalized for two years. Pope said there were concerns that two years might not be long enough. Parker said the trustee would take over the project, if needed. Attorney Pope asked about performance bonds for the construction. Barksdale said they would probably be in the trust indenture requirements for the bond purchasers. He said the LGC would probably require this. Parker said Crews & Associates would sell the bonds. He said Crews and Associates would want the same buyers for other bonds in the future, so it was in the best interest of the firm to sell a good product. Barksdale mentioned that if the Langtree project defaulted, future special assessment projects would be heavily scrutinized. He said some states had laws on value to lien, for example, Utah had a 3 to 1 ratio. Pope asked the Langtree ratio. Parker said that as of today, it was 3 to 1. He said a $20 million land project, keeping in mind the land was subject to be seized by the bond holders, was more than three times that in its appraised value. Barksdale said Florida mandated that the increase in the value of the property exceed the rates all the way through the construction process, and this was done in case of a worse case scenario. He said in this case, one-half of $20 million worth of infrastructure presumably would at least increase the value of the land by $10 million on top of $60 million of raw land value. Barksdale said this would be $70 million to cover a $20 million bond. He said superior to the bonds was the county tax liens and federal tax liens. Commissioner Robertson said his questions mainly centered around a worse case scenario. He said the submitted figures mentioned a billion dollar build out. Robertson asked when this would happen. Parker said originally this was five years, but the forecast was now seven to ten years. He said the build out was slower, and that's why the entire $46 million wasn't being "floated." Mr. Parker said the bulk of the property owners/partners resided in Iredell County, and their lives and fortunes were "staked" on the project. Commissioner Robertson said the presented information indicated that if the bonds went into default, the county did not have to report this. He asked if this was similar to "a judge telling a jury to disregard a man's comments about stabbing her in the heart." Parker said this was correct, and it was called legal fiction. He said that when a gross debt was filed with the LGC, this did not have to be included. He said the default would not go against the county on the bonding cap. Parker said the county's cap would actually increase with increased tax values. Robertson said that might be true if total build out occurred. He said that if the project had a billion dollars worth of property in 10 years, he wasn't concerned about 20 years. Robertson said his concern was that the developers were borrowing their own interest rate for three years. He asked what happened after that point. Barksdale said the bonds would not be issued on the concept, "If we build it they will come." He said that on the front end there would be existing sales and firm agreements in place with nonrefundable deposits. 4 Robertson asked if this was before infrastructure was installed. Barksdale said yes. He said the developers were not selling the lots after the infrastructure was constructed. Parker said the buyers had to be committed before they built. Robertson asked Deputy County Manager Blumenstein about the assessments' impact on the county staff. He said less than a dozen people were involved now, but later, there might be many more. Blumenstein said research had not occurred on this aspect. She said more information was needed to adequately answer the question. Blumenstein did note that county taxes were due September 1 but they were primarily paid in December and January. Robertson asked how long it would take for the developers to pay everything on the project if total build out occurred. David Jacobs, one of the property owners/partners, said the project had an incremental build out. He said the first phase was three to five years, and a good portion of the project had been pre-sold/pre-leased. Robertson again asked when the project would be in the black and could pay the assessment. Parker said that construction was 12 to 18 months with a two-year reserve. He said the developers would have to show the LGC that the project could be paid in three years or the issuance would not be allowed. Rick Howard, one of the developers, said the project was a "beacon for future growth." He said the special assessment legislation was a good vehicle for Iredell County, and the developers had invested $50 million in the project. No one else in the audience desired to speak. Mr. Parker requested for the public hearing to be closed in order for the ten days, as required by law, to start prior to the adoption of a final assessment resolution. Chairman Norman adjourned the Langtree public hearing. Chairman Norman declared the meeting to be in a public hearing. Consideration of a Supplemental Installment Financing Agreement Amending and Supplementing an Installment Financing Agreement Entered into to Finance and Refinance School Facilities: The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the proposed refunding, pursuant to a second supplemental installment financing agreement, to be dated as of November I, 2008 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement"), between the County of Iredell, North Carolina (the "County") and Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation"), of the Corporation's outstanding Installment Payment Revenue Refunding Bonds (Iredell County Schools Project), Series 2003 (the "Series 2003 Bonds"), and that the Board of Commissioners would hear anyone who may wish to be heard with respect to the Installment Financing Agreement and the Series 2003 Bonds to be refunded. As a matter of information, the Director of Finance and Administrative Services of the County described the nature of the Series 2003 Bonds, and the installment payments to be made by the County under the Installment Financing Agreement for the purpose of refunding the Series 2003 Bonds. No one appeared, either in person or by attorney, to be heard with respect to the Installment Financing Agreement and the Clerk to the Board of Commissioners announced that no written statement relating to said matter had been received. 5 Thereupon the Chairman introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Director of Finance and Administrative Services: RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE REFUNDING OF CERTAIN BONDS PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT AND DIRECTING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO FILE APPLICATION FOR APPROVAL THEREOF BY THE LOCAL GOVERNMENT COMMISSION BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina (the "County"): Section I. The Board of Commissioners does hereby find, determine and declare as follows: (a) The County proposes to finance the refunding of the outstanding Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2003 (the "2003 Bonds") issued by Iredell County Public Facilities Corporation (the "Corporation"), pursuant to a second supplemental installment financing agreement (the "Installment Financing Agreement") with the Corporation under which the Corporation will finance the refunding of the 2003 Bonds, including a payment to be made to terminate an interest rate exchange agreement relating to the Series 2003 Bonds, if any, and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal of and interest on the Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2008 (the "2008 Bonds"), to be issued and sold by the Corporation to refund a portion of the 2003 Bonds, it being the express intention of the Board of Commissioners that only the principal amount of the 2008 Bonds necessary to accomplish the purposes stated in the Installment Financing Agreement will be issued (estimated not to exceed $18,500,000 principal amount). (b) Based on advice from the County's investment bankers as to current tax-exempt interest rates, the sums to fall due under the Installment Financing Agreement are not excessive for its stated purpose. (c) Counsel to the County has rendered an opinion that the proposed undertakings are authorized by law and are purposes for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (d) The Installment Financing Agreement, under the circumstances presently obtaining, is preferable to a general obligation bond issue for this purpose. The County's current fund balance is, in light of other requirements and prudent fiscal management, insufficient to redeem the outstanding 2003 Bonds, the County does not have the ability to issue sufficient non -voted bonds under the provisions of Article V, Sec. 4 of the North Carolina Constitution for the purpose of financing the refunding of the 2003 Bonds, and voting general obligation bonds for this purpose will result in unacceptable delay and additional cost to the County. (e) The estimated cost of refunding the 2003 Bonds pursuant to the Installment Financing Agreement compares reasonably and favorably with an estimate of similar cost for general obligation bond financing therefor. (f) The debt management policies of the County have been carried out in strict compliance with law, including the filing of all required audits and reports with the Local Government Commission (the "LGC"), and the County is within its statutory debt limit and is not in default with respect to any of its outstanding indebtedness. (g) The County estimates that no increase in the property tax rate will be required to raise sums to pay the estimated debt service to fall due under the Installment Financing Agreement for all of its stated purposes. (h) The County has made timely payment of all sums owed by it with respect to the payment of principal of and interest on all of its outstanding debt obligations and has received no notice from the LGC or any holder concerning the County's failure to make any required payment of debt service. Section 2. The LGC is hereby requested to approve the proposed Installment Financing Agreement pursuant to the provisions of Article 8 of Chapter 159 of the General Statutes of North Carolina, and the Director of Finance and Administrative Services of the County is directed to complete all applications and execute all documents required in connection with obtaining such approval. Section 3. The LGC is hereby requested to approve the selection of the following professionals who comprise the financing team, and such other professionals as may be required or useful and acceptable to the LGC, to assist the County in connection with such financing: Special Counsel Sidley Austin LLP Trustee U.S. Bank, N.A. Corporation Counsel Pressly, Thomas & Conley, P.A. 6 Section 4. All actions heretofore taken by the County Manager and the Director of Finance and Administrative Services in connection with the Installment Financing Agreement and the 2008 Bonds, including filing the application with the LGC, retaining Special Counsel, accepting the proposal of to purchase the 2008 Bonds and selecting a trustee, are hereby ratified and confirmed. Section 5. This resolution shall take effect immediately upon its passage. Upon motion of Commissioner Robertson, the foregoing resolution entitled: "RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE REFUNDING OF CERTAIN BONDS PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT AND DIRECTING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO FILE APPLICATION FOR APPROVAL THEREOF BY THE LOCAL GOVERNMENT COMMISSION" was passed by the following vote: Ayes: 5 Noes: 0. Thereupon the Chairman introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Director of Finance and Administration: RESOLUTION APPROVING THE SALE BY IREDELL COUNTY PUBLIC FACILITIES CORPORATION OF INSTALLMENT PAYMENT REVENUE REFUNDING BONDS PAYABLE FROM CERTAIN INSTALLMENT PAYMENTS TO BE MADE BY THE COUNTY OF IREDELL, NORTH CAROLINA, APPROVING A PROPOSED SECOND SUPPLEMENTAL INSTALLMENT FINANCING AGREEMENT TO FINANCE THE COST OF REFUNDING INSTALLMENT PAYMENT REVENUE REFUNDING BONDS (IREDELL COUNTY SCHOOL PROJECTS) SERIES 2003 ISSUED BY SAID CORPORATION FOR THE BENEFIT OF SAID COUNTY, APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS RELATING THERETO AND AUTHORIZING OTHER OFFICIAL ACTION IN CONNECTION THEREWITH. WHEREAS, the County of Iredell, North Carolina (the "County") has determined that it can mitigate the effects of dislocations in the market for tax-exempt variable rate demand bonds by refinancing a portion of its obligations under that certain Installment Financing Agreement, dated as of July 1, 2000 (the "Original Installment Financing Agreement'), between Iredell County Public Facilities Corporation (the "Corporation") and the County, as supplemented by a First Supplemental Installment Financing Agreement, dated as of February 1, 2003 (the "First Supplemental Installment Financing Agreement'), through a refunding of the outstanding Installment Payment Revenue Refunding Bonds (Iredell County School Projects) Series 2003 (the "2003 Bonds") issued by the Corporation in order to refinance certain school improvements; and WHEREAS, in order to effectuate such plan to refund the 2003 Bonds, the County and the Corporation have been negotiating certain financing documents and arranging for the negotiated sale by the Corporation of its Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2008 (the "2008 Bonds") payable from Installment Payments to be made by the County pursuant to the Original Installment Financing Agreement, as supplemented by the First Supplemental Installment Financing Agreement and a Second Supplemental Installment Financing Agreement (as hereinafter defined) between the Corporation and the County, pursuant to the authority granted to the County under Section 160A-20 of the General Statutes of North Carolina; and WHEREAS, the County has determined that it is in the best interests of the County that the County and the Corporation enter into said Second Supplemental Installment Financing Agreement to make available to the County funds with which to refund the 2003 Bonds; and WHEREAS, the County and the Corporation have determined to sell the 2008 Bonds to (the "Bank") pursuant to a Bond Purchase Agreement with respect thereto on or about October _, 2008 and delivering the 2008 Bonds on or about November 21, 2008; and WHEREAS, in connection with such financing, it is necessary for the County to approve the sale of the 2008 Bonds by the Corporation, to approve certain other documents relating thereto and to authorize certain action in connection therewith; and WHEREAS, there have been presented at this meeting copies of the following documents relating to the delivery of the 2008 Bonds: (a) a draft of the Bond Purchase Agreement for the 2008 Bonds (the 'Bond Purchase Agreement"), to be dated as of the date of sale of the 2008 Bonds (presently estimated to be on VA or about October _, 2008), among the Corporation, the County and the Bank, relating to the purchase by the Bank of the 2008 Bonds; (b) a draft of the proposed Second Supplemental Installment Financing Agreement, to be dated as of November 1, 2008 or another mutually agreeable date (the "Second Supplemental Installment Financing Agreement" and, together with the Original Installment Financing Agreement and the First Supplemental Installment Financing Agreement, the "Installment Financing Agreement'), between the County and the Corporation, pursuant to which the Corporation will make available to the County proceeds to be derived from the sale of the 2008 Bonds in order to refund the 2003 Bonds, and the County will be obligated to make Installment Payments (as defined in the Installment Financing Agreement) and certain other payments, among other requirements; a draft of the proposed Third Supplemental Trust Agreement, to be dated as of November 1, 2008 or another mutually agreeable date (the "Third Supplemental Trust Agreement'), between the Corporation and U.S. Bank, National Association, as trustee (the "Trustee"), supplementing the Trust Agreement, dated as of July 1, 2000 (the "Trust Agreement'), between the Corporation and the Trustee, under which the Trustee will make available to the County the proceeds of the 2008 Bonds in order to pay the cost of refunding the Series 2008 Bonds and to pay a termination fee, if any, with respect to an interest rate exchange agreement relating to the 2003 Bonds; (d) a draft of the proposed Second Modification to Deed of Trust, to be dated as of November 1, 2008 or another mutually agreeable date (the "Second Modification to Deed of Trust'), from the County to a deed of trust trustee for the benefit of the Corporation; and (e) a draft of the Escrow Deposit Agreement, to be dated as of November 1, 2008 or another mutually agreeable date (the "Escrow Deposit Agreement"), among the Corporation, the County and U.S. Bank, National Association, as escrow agent; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. Capitalized words and terms used in this resolution and not defined herein shall have the same meanings in this resolution as such words and terms are given in the Trust Agreement, the Third Supplemental Trust Agreement, the Original Installment Financing Agreement or the Second Supplemental Installment Financing Agreement. Section 2. The County hereby approves the sale of the 2008 Bonds by the Corporation. The 2008 Bonds shall mature on June 1, 2020 and shall bear interest at such rate or rates as shall be determined in accordance with the provisions of the Third Supplemental Trust Agreement; provided, however, that the aggregate principal amount of the 2008 Bonds shall not exceed $18,500,000. Section 3. The forms, terms and provisions of the Second Supplemental Installment Financing Agreement, the Third Supplemental Trust Agreement, the Second Modification to Deed of Trust, the Escrow Deposit Agreement and the Bond Purchase Agreement are hereby approved in all respects, and the Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, and the Clerk to the Board of Commissioners are hereby authorized and directed to execute and deliver the Second Supplemental Installment Financing Agreement, the Second Modification to Deed of Trust, the Escrow Deposit Agreement and the Bond Purchase Agreement, in substantially the forms presented at this meeting, together with such changes, modifications and deletions as they, with the advice of counsel, may deem necessary and appropriate, including, but not limited to, changes, modifications and deletions necessary to incorporate the final terms of the 2008 Bonds as shall be set forth in the Bond Purchase Agreement; such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the County. Section 4. The County hereby approves the sale of the 2008 Bonds to the Bank at a purchase price equal to 100% of the principal amount thereof (less such fees and expenses of the Bank as the Director of Finance and Administrative Services shall deem to be reasonable). Section 5. The Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, the County Attorney and the Clerk to the Board of Commissioners are authorized and directed (without limitation except as may be expressly set forth herein) to take such actions and to execute and deliver such documents, certificates, undertakings, agreements and other instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate the transactions contemplated by the Third Supplemental Trust Agreement, the Second Supplemental Installment Financing Agreement, the Second Modification to Deed of Trust, the Escrow Deposit Agreement and the Bond Purchase Agreement. Section 7. This resolution shall take effect immediately upon its passage. It After consideration of the foregoing resolution, Commissioner Tice move the passage thereof and the foregoing resolution was passed by the following vote: Ayes: 5 Noes: 0 Request for Approval of a Financing Proposal as Submitted by the RBC Bank: Deputy County Manager Blumenstein said proposals were received from four banks to refinance the outstanding variable rate Installment Payment Revenue Refunding Bonds, and two banks declined the request. She said the RBC Bank submittal provided the lowest total cost to the County over the remaining 12 -year term by fixing the interest rate at 4.34%, and this proposal was recommended. Please see the following schedule for a summary of the proposals. Requests for Roposal Sort Irterest Prepayment to: Rate Term Penafty Fees Conrritment BB&T 5.100/0 12 years 1%rerraini ncipet $7,700 45 dM 38 days if accepted within 2 Bark of Arerica 5.27% 12 years $15,000 business days First Citizens Bank NYA NA PYA NA Declined to submit a ppposad Notification by Oct. 25. Interest rate valid until Nov 21 RBC Bank 4.34% 12 years See Below $ 5,000 Rgoorrm )dation by Oct. 15. 1.5%of retaining Add 6bp to interest rate for SunTrust 5.44% 12 years pdndpal $17,500 extension until Dec 21. Waclnovia NrA NA NYA NA Declined to submit a pmpcsad "RBC Bank Prepayment Prepayment subject to a yield maintenance fee equal to PJ of the daily lost cash flowto RBC Bank used Penalty Lyon the difference between the interest rate under the Agreement and the rate on a new loan of similar arount with the same remairing maturity to a similar borraAw. The discount rate for calculating PV W II be RBC Bank's cement rate for a new loan. ------------------------------------------------CONSENT AGENDA ------------------------------------- OTZON by Commissioner Johnson to approve the following 16 consent agenda items. VOTING: Ayes — 5; Nays — 0. (All items were explained during the briefing session.) 1. Request for Approval of Budget Amendment #13 to Recognize a Grant from the Humane Society of the United States for Animal Control Euthanasia Training: Animal Services Manager Chris Royal advised that a $4,000 grant had been offered to her department, and the funds were used for euthanasia training. Asst. Co. Mgr. Tracy Jackson said that due to a malfunctioning gas chamber, lethal injections had recently been used to destroy animals. County Manager Mashburn said that once the staff was adequately trained, and all safety precautions were in place, the department would again start using the gas chamber. He said the General Assembly planned to address this issue during the next session. Commissioner Williams asked how feral cats were destroyed. Royal said the cats were caught, tranquilized, and then a lethal injection was administered. 2. Request for Approval of Budget Amendment #14 for the Appropriation of Undesignated Fund Balance for Unexpected Truck Repairs at the Union Grove VFD: 011 Deputy County Manager Blumenstein requested a $39,120 budget amendment for the repayment to the Union Grove VFD for repairs to a truck. Commissioner Williams said the repair work avoided the cost of purchasing a new >JUU,000 IrnCK �... � Mac �..• � ••. 1�::1 �•• 11 '�� •• . e• � : •- :•1 • 1 3 1 •1111 11• • 1 • ! r - • � •1 • 1 � 1 3. Request from the Health Department for Approval of Budget Amendment #15 to Improve Access for Mooresville Services & for Program Support Capabilities: Health Director Donna Campbell said the state had notified the Iredell County Health Department about the availability of $81,259 in new funding consisting of $48,000 in ongoing General Aid to County Funding, and $33,262 in one-time Medicaid Random Moment Time Study Administrative (RMTS) funds. Campbell said it was recommended to use the funds to improve access to services in the Mooresville office, strengthen the Statesville office's clinical services, and to purchase needed equipment without using county funds. She said this was non -supplanting funding with specific programmatic requirements, and the following additions/purchases were recommended: • 1 FTE Processing Assistant IV: Based in Statesville, this position will give needed help in patient accounts to perform tasks that are currently backlogged and will give additional help in clinics which will allow improved efficiency in data entry of encounters; all of which will aid in bringing in additional revenue. The addition of this position will decrease eligibility back-ups and improve clinic efficiency. • 1 FTE Medical Lab Technician II: This position will provide enhanced lab coverage and services for Mooresville. ♦ FY 08/09, this position is 100% covered by the new General Aid to County and RMTS funds. ♦ Ongoing Funding plan - FY 09/10 and beyond, increased services and the related revenues are to cover 100% of this position. The Health Department will not use county funds for this position. If Clinical Services revenues do not meet projections, Medicaid Maximization funds will be used to cover the position for a period of up to two years. After two years, if revenues do not cover the position 100%, the position will terminate or other budget cuts will cover the position. • Family Planning Program Evaluation and Recommendations for Improvement by HealthMETRICS -- $14,000 one time cost. Guaranteed to generate annual FP program savings well in excess of project cost or a full refund will be issued. HealthMETRICS has a long and positive history of working with N.C. Health Departments. To date, no health departments using the service have requested refunds. • Contracted Services for temporary clerical/interpreter staff $9,563 for 08/09 FY only. No ongoing cost. • 6 Computers, software and computer lines for the Social Workers $7668 one-time cost • 2 GPS units for Environmental Health $10,924 one time cost • Relocate Pack Radio Antenna access to BOH/Training room $587 one time cost NOTE: This request was approved, however, the two positions will be eliminated in the future if the health department does not have the revenues for the salaries/benefits. (See briefing minutes for additional information.) 4. Request from the Health Department for Approval of Budget Amendment #16 to Recognize Additional Women's Health Service Funds: Health Director Donna Campbell said an additional $1,413 was received in Women's Health Service Funds, and the department was requesting to purchase NuvaRing contraceptives with the funds. 5. Request from the Health Department for Approval of Budget Amendment #17 for Additional WIC Grant Revenues & for the Increase of a WIC Processing Assistant III from .8 FTE to 1 FTE: Health Director Donna Campbell said the Women, Infants and Children (WIC) program was receiving $26,520 in additional funds, and it was recommended that $22,753 be used to cover expenses already in the budget. She said it was proposed that the remaining $3,767 be used to increase one processing Assistant III from .8 FFE to 1 FTE to help relieve the heavy caseload. 10 6. Request from the Health Department for Approval of 2008 Write -Offs: Health Director Donna Campbell said the board of health had authorized the write-off of uncollected patient accounts in the amount of $15,036.60. Campbell said there had not been any activity since June 30, 2005 on the accounts, and with the debt setoff program, the health department could stili receive payments. WRITE-OFFS SUBPROGRAM PRIVATE PAY MEDICAID TOTAL Adult Health $549.20 $0.00 $549.20 Child Health $]26.00 $0.00 $126.00 Child Service Coord. $0.00 $0.00 $0.00 Dental Health $1,422.48 $1,219.00 $2,641.48 Women's Preventive Health Services $4,929.79 $0.00 $4,929.79 Immunizations $1,794.66 $512.00 $2,306.66 Maternity Care Coord. $0.00 $.00 $0.00 Maternal Health $3,654.80 $293.00 $3,947.80 Miscellaneous $165.00 $0.00 $165.00 Epidemiology $370.67 $0.00 $370.67 [TOTAL __]E $13,012.60 $2,024.00 $1.5,036.60 7. Request for Approval of the September 2008 Refunds and Releases: Tax Administrator Bill Doolittle requested approval of the following refunds and releases. Releases for the month of September 2008 $157,527.20 Breakdown of Releases: County $77,060.44 Solid Waste Fees $1,154.50 E. Alex. Co. Fire #1 $19.58 Shepherd's Fire #2 $365.97 Mt. Mourne Fire #3 $81.65 All County Fire #4 $2,733.69 B&F Fire #5 $306.32 Statesville City $3,546.30 Statesville Downtown $45.74 Mooresville Town $58,450.07 Mooresville Downtown $60.11 Mooresville School $12,779.11 Love Valley $28.50 Harmony $0.00 Troutman $362.70 Davidson $532.52 Refunds for the month of September 2008 Breakdown of Refunds: $6,913.91 County $3,739.49 Solid Waste Fees $101.25 E. Alex. Co. Fire #1 $0.00 Shepherd's Fire #2 $19.60 Mt. Mourne Fire #3 $0.00 All County Fire #4 $169.66 B&F Fire #5 $0.00 Statesville City $916.86 Statesville Downtown $0.00 Mooresville Town $1,604.74 Mooresville Downtown $0.00 Mooresville School $362.31 Love Valley $0.00 Harmony $0.00 Troutman $0.00 Davidson $0.00 11 8. Request for Approval of (1) the Adoption of a Resolution Replacing the Property Tax on Certain Heavy Equipment with a 1.2% Gross Receipts Tax & (2) the Designation of the Tax Collector as a Deputy Finance Officer for the Purpose of Collecting and Enforcing the Gross Receipts Tax: Deputy County Manager Susan Blumenstein and Tax Administrator Bill Doolittle advised that as of January 1, 2009, heavy equipment leased on a short-term basis would be exempt from property taxes. Blumenstein said legislation adopted on July 8, 2008 authorized counties and cities to adopt a resolution to impose a gross receipts tax of 1.2% to replace the loss of property taxes on the heavy equipment. She said the legislation authorized the county finance officer to collect the tax and provided authorization for imposing penalties and collection remedies. Blumenstein and Doolittle recommended that the Tax Collector be designated as a Deputy Finance Officer for the purpose of collecting and enforcing the tax since that office currently was responsible for collecting/enforcing gross receipts tax on short-term- rental vehicles. RESOLUTION REPLACING THE PROPERTY TAXON CERTAIN HEAVY EQUIPMENT WITH A GROSS RECEIPTS TAX Pursuant to North Carolina General Statutes 105-275(42a) and S.L. 2008-144, the Iredell County Board of Commissioners does hereby adopt the following resolution: THAT WHEREAS, North Carolina General Statute 105-275(42a) designates Heavy Equipment on which a gross receipts tax may be imposed under 153A-156.1 and 160A-215.2 as a special class of property which is exempted from property taxation and shall not be listed, appraised, assessed or taxed after January 1, 2009; and WHEREAS, in lieu thereof, North Carolina General Statute 153A-156.1 authorizes a County by resolution to impose a tax at the rate of one and two-tenths percent (1.2%) on the gross receipts from the short term lease or rental of heavy equipment by a person whose principal business is the short-term lease or rental of heavy equipment at retail; and WHEREAS, this tax provides an alternative to a property tax on the equipment. NOW THEREFORE, IT IS HEREBY RESOLVED that a tax of one and two-tenths percent (1.2% on the gross receipts from the short-term lease or rental of heavy equipment by a person whose principal business is the short-term lease or rental of heavy equipment at retail is imposed pursuant to 153A-156.1 in lieu of the personal property tax. This resolution shall be effective January 1, 2009. 9. Request for Approval of the Mooresville Graded School District's FY09 Capital Outlay Spending Plan: Deputy County Manager Susan Blumenstein said the FY 09 budget ordinance included an appropriation of $500,000 to the Mooresville Schools for annual renovations/improvements, and the school unit requested for the funds to be used as follows: Roofing: $186,700 Furniture & Equipment 64,650 Yellow Buses 184,000 Renovations 64,650 Total $500,000 10. Request from the Sheriffs Department for Approval of Budget Amendment #18 to Transfer $24,000 from Seized Funds for the Purchase of a 2008 Pickup Truck: Chief Deputy Rick Dowdle requested permission to purchase a 2008 pickup truck to replace a vehicle wrecked on 1-77. He said the vehicle would be used in the Narcotics Division, and bids would be received prior to purchase. 11. Request from the Sheriffs Department for Approval of Budget Amendment #19 to Transfer $6,341 from Seized Funds to Purchase an Underwater Sonar/Radar System for use on the Lake Patrol Boat: Chief Deputy Dowdle said agencies from other counties currently provided underwater detection/retrieval services, and his department was requesting to use seized funds to purchase a radar/sonar system for use on the Lake Norman Patrol Boat. 12 12. Request from the Sheriffs Department for Approval of Budget Amendment #20 to Transfer $4,000 from Seized Funds to Purchase an ACU Unit (Portable Mobile Repeater): Chief Deputy Rick Dowdle requested permission to purchase a small, portable mobile repeater that would be connected to VHF, UHF, 800 Mhz radios, and cell phones, along with providing interoperability with other agencies. Dowdle said a used unit would be purchased saving the department $2,000. 13. Request for Approval of the 2009-2011 Work First Plan (Electing County Status): Social Services Director Don Wall and Work First Supervisor Linda Bledsoe presented this request. Wall said the plan needed to be approved before October 31st, or the county would have to become a "standard" county. He said "standard" counties had more liberal rules and policies, plus more clients would be using the Work First Program. Wall said that on September 16, 2008, the board of commissioners approved the "electing" county status. Work First Supervisor Linda Bledsoe reviewed the differences between the electing and standard designations, and she said the FY 08 and the FY 09 plan were basically the same. 14. Request for Approval of an Agreement with Hartigan Management Enterprises, Inc., for Community Development Block Grant (CDBG) Application/Preparation Services: Deputy County Manager Blumenstein said David Hartigan had assisted with past CDBG applications, and his services were now needed for the Providencia project. 15. Request for Approval of a Management Proposal for the Twin Oaks Golf Course: County Manager Mashburn said an ad hoc committee had recommended that the Twin Oaks Golf Club LLC continue as the management provider for the golf course. He said the following four agencies submitted management bids: Monthly Payment Additional Payment Twin Oaks Golf (Statesville) $2,000 3% of gross revenue, quarterly Aurora Golf 1,000 or 3% of gross whichever greater 4% of gross p@Yr. 2 & 5% of gross Yrs. 3-9 Twin Oaks (Georgia) 1,200 (yrs. 1-2) 2% of gross receipts quarterly 1,500 (yrs. 3-5) 3% of gross 2,000 (yrs. 6-9) + 4% of gross & requests Deduction from rent equal to the excess of 2007 taxes CGL of Savannah $1,000 or 2% of gross whichever greater 3% of gross into Capital Reserve for improvements/ Additions In addition, the county manager provided the following written information to explain the process used in selecting the management firm. In April, 2008, the County Commissioners authorized the purchase of the Twin Oaks Golf Course, using reserve funds from the Solid Waste Enterprise Fund. The purpose of the purchase is to allow the county to continue its operation of a collection center and sanitary landfill at its current location adjacent to the golf course. This purchase would allow.lbr future expansion of the landfill for approximately 50 more years. By purchasing the adjacent land, the county was able to save possibly millions of dollars, by not having to relocate the landfill. Since it was estimated that the purchased property may not be needed for about 15 years, the decision was made to lease out the land so it would continue to be operated as a golf course until such time as it was needed for its intended purpose. With that in mind, the purchase agreement contained a provision that the current operator would lease the course and operate under the terms of a lease dated April 23, 2008. The general requirements of the lease stipulated that the operator would pay to the county an amount equal to one -ha f"the net income but no less than $1,000 per month. Another term of the agreement was that the agreement could be terminated by either party, by giving a six month notice to the other. Since the county board and staff are not familiar with the operations of a golf course, the board agreed to employ a consultant to advise the county, to insure the county s interest was protected. The county contracted with Miller Management Associated Inc., and on June 6, 2008, the 13 consultant presented the county with a transition plan for the golf course. After reviewing the current operation and financials, the consultant felt that the county could realize greater financial benefits if the lease with the current operator was terminated and proposals were received from other potential operators. With the board's approval, proposals were requested, and./bur qualified were received and reviewed by a staff committee consisting of the follo • Tom Myers — Golfer and Coach at Mitchell Community College • Garry Ray - County Employee and Golfer • Tracy Jackson - Assistant County Manager • Susan Blumenstein - Deputy County Manager & Finance Director • David Lambert - Solid Waste Director • Joel Mashburn - County Manager The consultant, Brett Miller, offered written summaries of each proposal after he conducted interviews with each of the firms that submitted a proposal. After reviewing the proposals the committee is unanimous in recommending that we continue to contract with the current operator, Twin Oaks Golf Course, LLC. The basic terms of the agreement are as follows: Term of lease will be for not more than 9 years, with a termination clause so that either party can terminate with a 90 day notice. Lease payments will be $2, 000 per month plus 3% of the gross revenue estimated to be approximately $40,000 to the county. Twin Oaks has been a part of the community and Patti Heath has operated the golf course fbr 18 years. In addition to the above, Ms. Heath has stipulated in her proposal that she will continue her efforts to support community organizations by of reduced rates for tournament play. She will also work with the Chamber of Commerce to of discounts to leagues that may be formed by local businesses and governmental groups. She further intends to offer more programs to encourage youth play. Again, it is the unanimous recommendation of the committee to enter into a contract with Twin Oaks Golf Club, LLC to operate the Twin Oaks Golf Course on terms specified in the proposal dated September 19, 2008. 16. Request for Approval of the September 30, 2008 & October 7, 2008 Minutes End of Consent ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Animal Grievance Committee (1 announcement) Crossroads Behavioral Healthcare (2 announcements) Nursing Home Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (1 appointment) Commissioner Johnson nominated Sandy Albert. OTION by Chairman Norman to appoint Albert by acclamation. VOTING: Ayes — 5; Nays — 0. Troutman Planning & Zoning Board (ETJ) (1 appointment): Commissioner Johnson nominated Steve Cash. MOTION by Chairman Norman to appoint Cash by acclamation. VOTING: Ayes — 5; Nays — 0. were submitted, and Commissioner Tice made a November 18 meeting. VOTING: Ayes — 5; Nays — 0. 14 No nominations to postpone the appointments until the Statesville Planning Board (ETJ) (1 appointment) No nominations were submitted, and Commissioner Johnson made a motio to postpone the appointment until the November 18 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 November 18 meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program Committee (1 appointment): No nominations were submitted, and Commissioner Tice made a motion to postpone the appointment until the November 18 meeting. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Board (I appointment): Commissioner Williams nominated Brian Keith Lewis of Mooresville. OTION by Chairman Norman to appoint Lewis by acclamation. VOTING: Ayes — 5; Nays — 0. PUBLIC COMMENT PERIOD (An opportunity was offered to the public to speak but no one chose to do so.) COUNTY MANAGER'S REPORT: The county manager submitted a written activity report. ADJOURNMENT: There being no further business, Commissioner Johnson made a otio to adjourn the meeting at 8:25 p.m. (NEXT MEETING: Tuesday, November 18, 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: 15 Clerk to the Board