HomeMy WebLinkAboutSeptember_16_2008_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
SEPTEMBER 16 2008
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
September 16, 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
Absent: 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 Nonnan.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: OTION by Commissioner Tice to approve
the following agenda adjustments:
Additions: *Request for Approval of a Resolution calling for a Public Hearing on
October 21, 2008 at 7:00 P.M., Regarding a Special Assessment District
• Request for Approval of a Resolution Regarding the Badge and the Sidearm of
Deputy Ronald N. Wyatt
VOTING: Ayes — 4; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Sandra G. Compton, a Home Extension Agent with the Cooperative Extension Service
retired on July 31, 2008, after 13 years of employment with the county. Cooperative Extension
Director Ken Vaughn expressed appreciation to Compton for her invaluable years of service.
Ronald N. Wyatt, retired from the Sheriffs Department after a combined total of 14
years of employment. SBI Special Agent David Call presented Lt. Wyatt with an appreciation
certificate from Attorney General Roy Cooper and SBI Director Robin Pendergraff. Wyatt was
presented with letters of congratulations from several legislators, along with a U.S. flag that had
flown over the Capitol.
Chairman Norman presented appreciation plaques to Compton and Wyatt and wished
them many happy years in retirement.
APPOINTMENT BEFORE THE BOARD
Presentation from Ann Browning, the Project Director for the Carolina Thread
Trail: Browning presented an overview of the trail project that includes 15 counties. She said
the trails would provide greenways for walking, biking, commuting, and other health-related
benefits. Browning said a concept map had been created; however, the actual communities
would determine the size of the trails along with suggestions for connectivity points. She said
grants were being distributed for master plans in Gaston and York Counties with these two sites
being chosen for pilot programs. Ms. Browning said Mecklenburg County already had a master
plan, and the Catawba Lands Conservancy was the lead agency for the trail initiative.
MOTIO by Commissioner Tice to approve a resolution of support for the Carolina
Thread Trail.
VOTING: Ayes — 4; Nays — 0.
RESOLUTION OF SUPPORT
Whereas, Iredell County is committed to maintaining and enhancing quality of life for
its citizens and recognizes that the Carolina Thread Trail will contribute to quality of life by
weaving together communities via a regional network of trails and greenways eventually
connecting fifteen counties and millions of citizens; and
Whereas, many communities in our region have taken a lead in planning and/or
building local trails and greenways, and those efforts can be greatly enhanced by being
connected to a larger regional network of trails; and
Whereas, trails and their green buffer areas will help improve the quality of the air we
breathe by preserving trees and vegetation and by promoting non -motorized transportation,
and will enhance the quality of our water through natural buffers and mitigation of storm
water run-off: and
Whereas, trails and greenways provide key amenities to neighborhoods and safe
areas for our citizens and children to travel, exercise, play and connect with nature away
from heavily trafficked areas; and
Whereas, trails have significant impact on the economic viability of the region
through increased levels of tourism, enhanced property values, added jobs related to the
construction of and along the trail, as well as enhanced ability to attract and retain
businesses to the region due to improved quality of life; and
Whereas, trails and greenways are freely accessible community assets offering
opportunities for recreation and exercise to everyone, including children, youth and families,
and provide safe places for people to experience a sense of community and create stronger
social and family ties; and
Whereas, there is no second chance to protect the Carolinas' great resources in this
unique way for our children, grandchildren and great grandchildren, and the cost of these
invaluable resources will only increase in the future; and
Whereas, private funding is available to communities from the Carolina Thread Trail
for planning and construction of regional trails, and this private funding will leverage public
funding from federal, state and various sources.
Now, Therefore, Be It Resolved that Iredell County supports the Carolina Thread
Trail and is committed in concept to working with neighboring communities and with the
Carolina Thread Trail to plan, design and build a system of trails that will connect our
communities, people and special regional points of interest for years to come.
--------------------------------------------CONSENT AGENDA
items.
MOTION by Commissioner Robertson to approve the following 12 consent agenda
VOTING: Ayes — 4; Nays — 0.
(All items were reviewed during the briefing session.)
1. Call for a Public Hearing on October 7, 2008 at 7:00 P.M., Regarding the
Countywide Farmland Protection Plan for Iredell County: Explaining this request were
Planning and Development Director Ron Smith, Planner Matthew Todd, and Farmland
Preservation Board members Jim Dobson and Danny Allen. Dobson said the plan was a
culmination of what the Preservation Board had been working on for the past seven years.
Smith said the plan treated agriculture as an industry. He said an assessment of the
current agricultural situation was included along with information about the challenges faced by
area farmers and strategies to help maintain a strong economy. Mr. Smith then provided an
overview of the plan, and requested a public hearing to receive citizen comments.
2
Commissioner Johnson noted that on page 12, the term "smart growth" was used. He
said there were different interpretations for this term.
Smith said the staff would review the document and try to re -phrase the sentence.
Dobson said the plan would primarily benefit the next generation of farmers.
Commissioner Tice mentioned that consideration for the next generation was a worthy
cause and she supported the plan.
2. Request for Approval of the August Refunds & Releases: Tax Administrator Bill
Doolittle requested approval of the following refunds and releases.
Releases for the month of August 2008
County
$44,000.45
Solid Waste Fees
$546.75
E. Alex. Co. Fire #1
$22.55
Shepherd's Fire #2
$115.72
Mt. Mourne Fire #3
$236.32
All County Fire #4
$2,246.37
Statesville City
$14,147.76
Statesville Downtown
$2.13
Mooresville Town
$19,162.41
Mooresville Downtown
$0.00
Mooresville School
$3,929.29
Love Valley
$0.00
Harmony
$0.00
Troutman
$321.31
Davidson
$0.00
Refunds for the month of August 2008
County
$311.70
Solid Waste Fees
$0.00
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$3.31
Mt. Mourne Fire #3
$0.00
All County Fire #4
$32.95
Statesville City
$193.50
Statesville Downtown
$0.00
Mooresville Town
$227.93
Mooresville Downtown
$0.00
Mooresville School
$62.65
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
$84,731.06
3. Request for Approval of Budget Amendment #9 for the Purchase of Spillman
Computer Software, with this Company being the Sole -Source Provider, along with the
Purchase of a Computer Aided Design (CAD) System for the Emergency Communications
Dept: Chief Deputy Rick Dowdle said this software system would be beneficial to the sheriff's
office as well as the fire departments and EMS. Dowdle said the project's cost was
$708,000.00, and the funding would be derived from the existing budget and seized funds as
follows:
$115,000.00 from commissary
$298,078.00 from seized funds
$194,950.00 from existing budget
$100,000.00 from E911
Dowdle requested immediate approval in order to receive a $100,000.00 discount. He
said the new system would provide faster data retrieval. Chief Dowdle said County Attorney
Pope had reviewed the contract, and Deputy County Manager Blumenstein had a copy of the
payment schedule.
3
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Account #
To appropriate funds for the p rd -ase of new softwxe and CAD system in the Sheriffs Office.
Qrrent Changle Amended
90% Maintenance of Effort
E911 Fund
Savings
$147,793
3&1880499500
Appropriated Fund Balance
(38,000)
(100,000)
(138,000)
380534576010
Transfer to General Fund
68,235
100,000
168,235
General Fund
Transfer from E-
104880 495038
911
(68,235)
(100,000)
(168,235)
Appropriated Fund Balance -
104880 499402
Commissary
(115,000)
(115,000)
100510 620000
Non -Depreciable Assets
355,352
(58,000)
297,352
104880 499404
Appropriated Fund Balance- FES
(200,000)
(75,000)
(275,000)
Appropriated Fund Balance- Seized
104880 499401
Funds
(280,160)
(52,573)
(332,733)
104510 472211
Controlled Substance Tax
(50,000)
(15,562)
(65,562)
104510 4820.00
Federal Equity Sharing
(289,880)
(154,915)
(444,795)
Depreciable
100510 610000
Assets
210,097
675,000
885,097
100520 535000
Departmental Supplies - Jail
257,780
(12,000)
245,780
Departmental Supplies -
100510 535000
Sheriff
346,693
(21,800)
324,893
100510 538800
Canine Progam6goerse
45,000
(15,000)
30,000
100510 537508
Contracted Ser Roes- Other
249,700
(15,000)
234,700
100510 532500
Marrt & Firs- Bldg & Grounds
73,000
(18,000)
55,000
Contracted SeNces-
100510 537514
Software
130,000
(10,150)
119,850
100510 532501
NUnt&Fairs-Equiprnent
79,000
(8,000)
71,000
100510 532503
Nbnt &Repairs -Radios
30,000
4,000
26,000
4. Request for Approval to Designate the Work First Program as an "Electing
County" & for this Status to Extend from Fiscal Year 2009 - 2011: DSS Director Don Wall
said the Welfare Reform Planning Committee on August 28, 2008, unanimously voted to
recommend that Iredell County remain an Electing County for FY 09-I1. He submitted
information, as follows, regarding the advantages of remaining an electing county rather than
being designated as a standard county.
• An Electing County must spend only 90% Maintenance of Effort while a Standard
County must spend 100%. Maintenance of Effort savings for Iredell County is $147,793
per year.
• An Electing County can transfer under spent TANF cash payment funds to the TANF
Child Welfare Program to help offset county funds. In FY 07-08, cash savings will be
approximately $273,392. Cash savings for FY 08-09 will be approximately $273,392.
The General Assembly voted to hold harmless Electing Counties for FY 08-09; therefore,
there will not be any reductions in funds this year.
• The greatest risk of being an electing county is if the General Assembly continues to
reduce funding for this program and if Electing Counties spend more funds than
allocated. If this happens, the county would have to appropriate 100% county funds to
support the WFFA Program. If Standard Counties overspend their allocation, the
Federal government will cover their over expenditures.
• An Electing County can develop its own policies and rules geared to its community's
needs. Generally, electing county policies are more conservative than standard county
policies.
Additional information about the county's past savings is as follows:
September 10. 2008
100% Maintenance of Effort
$1,477,927
90% Maintenance of Effort
$1,330,134
Savings
$147,793
4
Maintenance of Efforts Savings
2000-01
$147,793
2001-02
$147,793
2002-03
$147,793
2003-04
$147,793
2004-05
$147,793
2005-06
$147,793
2006-07
$147,793
2007-08
$147,793
Total
$1,182,344
Cash Savings
2000-01
$236,277
2001-02
$373,198
2002-03
$378,277
2003-04
$568,391
2004-05
$743,114
2005-06
$634,316
2006-07
$783,968
2007-08
$273,392
Total
$3,990,933
Grand Total Savings
$5,173,277
5. Request from the Mooresville Graded School District for Approval to Apply for
Funds from the North Carolina Education Lottery Proceeds: Deputy County Manager Susan
Blumenstein advised that capital outlay funding approved in the FY 09 budget for the Mooresville
Graded Schools included a total of $500,000 from Public School Building Capital Fund and
Lottery Proceeds. She said Mooresville's share of county designated capital outlay funds was not
enough to cover debt service and provide $500,000 for annual capital projects. Blumenstein
recommended for the entire $500,000 to be taken from lottery proceeds rather than applying for
two separate funding sources. She said the $500,000 would be used to pay debt service in FY09
allowing the $500,000 in county funds to be available for annual capital projects. Additionally,
Blumenstein said the Mooresville Graded Schools Board of Education approved the application
request on September 15.
The following chart was provided by Blumenstein listing the lottery distributions.
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July, 2008 368,630.00 96,811.00 465,441.00
6. Call for a Public Hearing on October 7, 2008 at 7:00 P.M. to Receive Comments
Regarding an Application for Community Development Block Grant Funds: Deputy
County Manager Susan Blumenstein said a second public hearing was required by the NC
Department of Commerce in order to apply for a $563,775 Community Development Block
Grant. She said the grant would provide for approximately 63% of the funding required for the
rail construction project to Providencia, USA.
7. Request for Adoption of a Resolution that is Required for the Termination of Ambac
Bond Insurance on the Series 2003 Refunding Bonds and a Resolution to Call for a Public
Hearing on September 30, 2008: Deputy County Manager/Director of Finance and
Administrative Services Susan Blumenstein summarized the following resolution.
RESOLUTION MAKING CERTAIN FINDINGS RELATING TO AMENDMENTS TO THAT
CERTAIN INSTALLMENT FINANCING AGREEMENT, DATED AS OF JULY 1, 2000
BETWEEN IREDELL COUNTY PUBLIC FACILITIES CORPORATION AND THE
COUNTY OF IREDELL, NORTH CAROLINA, AND AUTHORIZING THE DEPUTY
COUNTY MANAGER/ DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO
FILE APPLICATION FOR APPROVAL THEREOF WITH LOCAL GOVERNMENT
COMMISSION
WHEREAS, Iredell County Public Facilities Corporation (the "Corporation') issued its
Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the "Series
2000 Bonds") the principal of, redemption premium, if any, and interest on which are payable
from installment payments made and to be made by the County of Iredell, North Carolina (the
"County") pursuant to an Installment Financing Agreement, dated as of July 1, 2000 between the
Corporation and the County (the "Installment Financing Agreement'); and
WHEREAS, on February 18, 2003, the Corporation issued its Installment Payment
Revenue Refunding Bonds (Iredell County Schools Projects), Series 2003 (the "Series 2003
Bonds") to provide funds to refund a portion of the then outstanding Series 2000 Bonds; and
WHEREAS, in connection with the issuance of the Series 2003 Bonds, the Corporation
and the County entered into a First Supplemental Installment Financing Agreement, dated as of
February 1, 2003 (the "First Supplemental Installment Financing Agreement'); and
WHEREAS, installment payments made and to be made by the County pursuant to the
Installment Financing Agreement, as supplemented by the First Supplemental Installment
Financing Agreement, are to be applied to pay the principal of, redemption premium, if any, and
interest on the Series 2000 Bonds and the Series 2003 Bonds; and
WHEREAS, the payment of principal and interest on the Series 2003 Bonds, when due,
is insured by a financial guaranty insurance policy issued by Ambac Assurance Corporation (the
"Series 2003 Insurance Policy"); and
WHEREAS, the Series 2003 Bonds are periodically subject to tender at the option of the
owners thereof and bear interest at variable rates that are determined by the remarketing agent
thereof to be the minimum interest rate, which, if borne by such Series 2003 Bonds, would
enable the remarketing agent to sell such Series 2003 Bonds at a price equal to the principal
amount thereof, and
WHEREAS, the market for variable rate tender bonds that are insured by Ambac
Assurance Corporation, such as the Series 2003 Bonds, has deteriorated and the remarketing
agent has advised the County that the interest rates, if any, that would enable the remarketing
agent to sell the Series 2003 Bonds at a price equal to the principal amount thereof are greater
than interest rates currently borne by comparable uninsured variable rate demand bonds with
underlying credit ratings comparable to the credit ratings of the County; and
WHEREAS, in order to derive interest savings, the County proposes to enter into an
agreement with Ambac Assurance Corporation providing for the termination of the Series 2003
Insurance Policy; and
WHEREAS, the County proposes to enter into a second supplemental installment
financing agreement with the Corporation to modify and/or delete certain provisions of the
6
Installment Financing Agreement, as amended by the First Supplemental Installment Financing
Agreement, relating to the rights and obligations of Ambac Assurance Corporation as a result of
the termination of the Series 2003 Insurance Policy; and;
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Board of
Commissioners for the County:
Section 1. The Board of Commissioners hereby finds and determines in connection with
proposed termination of the Series 2003 Insurance Policy that (a) the termination of the Series
2003 Insurance Policy is necessary or expedient for the County, (b) the principal amounts of the
Series 2003 Bonds will not change as a result of the termination of the Series 2003 Insurance
Policy, (c) the County's debt management procedures and policies are good and are managed in
strict compliance with law, and (d) under current economic conditions and upon the termination
of the Series 2003 Insurance Policy, the Series 2003 Bonds can be remarketed at reasonable rates
of interest.
Section 2. The Deputy County Manager/ Director of Finance and Administrative
Services is hereby designated as the representative of the County to file an application with the
Local Government Commission of North Carolina for approval of amendments to the Installment
Financing Agreement, as amended by the First Supplemental Installment Financing Agreement,
to modify and/or delete provisions set forth therein relating to the Series 2003 Insurance Policy
as a result of the termination of the Series 2003 Insurance Policy and all actions heretofore taken
by the Deputy County Manager/ Director of Finance and Administrative Services and any other
officers of the County relating to such matter are hereby approved, ratified and confirmed.
Section 3. This resolution shall take effect immediately upon its passage.
Upon motion of Commissioner Robertson the foregoing resolution entitled:
"RESOLUTION MAKING CERTAIN FINDINGS RELATING TO AMENDMENTS TO
THAT CERTAIN INSTALLMENT FINANCING AGREEMENT, DATED AS OF JULY 1,
2000 BETWEEN IREDELL COUNTY PUBLIC FACILITIES CORPORATION AND THE
COUNTY OF IREDELL, NORTH CAROLINA, AND AUTHORIZING THE DEPUTY
COUNTY MANAGER/ DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO
FILE APPLICATION FOR APPROVAL THEREOF WITH LOCAL GOVERNMENT
COMMISSION" was passed by the following vote:
Ayes: 4
Noes: 0
Commissioner Robertson introduced the following resolution, a copy of which had been
provided to each Commissioner and which was read by its title and summarized by the Deputy
County Manager/Director of Finance and Administrative Services:
RESOLUTION CALLING A PUBLIC HEARING CONCERNING AMENDMENTS TO A
CERTAIN INSTALLMENT FINANCING AGREEMENT, DATED AS OF JULY 1, 2000
BETWEEN IREDELL COUNTY PUBLIC FACILITIES CORPORATION AND THE
COUNTY OF IREDELL, NORTH CAROLINA, AS SUPPLEMENTED, TO PROVIDE FOR
THE DELETION THEREFROM OR MODIFICATION OF PROVISIONS THEREIN
RELATING TO THE TERMINATION OF A FINANCIAL GUARANTY INSURANCE
POLICY
WHEREAS, Iredell County Public Facilities Corporation (the "Corporation") issued its
Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the "Series
2000 Bonds") the principal of, redemption premium, if any, and interest on which are payable
from installment payments made and to be made by the County of Iredell, North Carolina (the
"County") pursuant to an Installment Financing Agreement, dated as of July 1, 2000 between the
Corporation and the County (the "Installment Financing Agreement"); and
WHEREAS, on February 18, 2003, the Corporation issued its Installment Payment
Revenue Refunding Bonds (Iredell County Schools Projects), Series 2003 (the "Series 2003
Bonds") to provide funds to refund a portion of the then outstanding Series 2000 Bonds; and
WHEREAS, in connection with the issuance of the Series 2003 Bonds, the Corporation
and the County entered into a First Supplemental Installment Financing Agreement, dated as of
February 1, 2003 (the "First Supplemental Installment Financing Agreement"); and
WHEREAS, installment payments made and to be made by the County pursuant to the
Installment Financing Agreement, as supplemented by the First Supplemental Installment
Financing Agreement, are to be applied to pay the principal of, redemption premium, if any, and
interest on the Series 2000 Bonds and the Series 2003 Bonds; and
WHEREAS, the payment of principal and interest on the Series 2003 Bonds, when due,
is insured by a financial guaranty insurance policy issued by Ambac Assurance Corporation (the
"Series 2003 Insurance Policy"); and
N
WHEREAS, the Series 2003 Bonds are periodically subject to tender at the option of the
owners thereof, and bear interest at interest rates that are determined by the remarketing agent
thereof to be the minimum interest rate, which, if borne by such Series 2003 Bonds, would
enable the remarketing agent to sell such Series 2003 Bonds at a price equal to the principal
amount thereof; and
WHEREAS, the market for variable rate tender bonds that are insured by Ambac
Assurance Corporation, such as the Series 2003 Bonds, has deteriorated and the remarketing
agent has advised the County that the interest rates, if any, that would enable the remarketing
agent to sell the Series 2003 Bonds at a price equal to the principal amount thereof are currently
greater than interest rates currently borne by comparable variable rate demand bonds with
underlying credit ratings comparable to the credit ratings of the County; and
WHEREAS, the County proposes to enter into an agreement with Ambac Assurance
Corporation providing for the termination of the Series 2003 Insurance Policy; and
WHEREAS, the County proposes to enter into a second supplemental installment
financing agreement with the Corporation to modify and/or delete certain provisions of the
Installment Financing Agreement, as amended by the First Supplemental Installment Financing
Agreement, relating to the rights and obligations of Ambac Assurance Corporation as a result of
the termination of the Series 2003 Insurance Policy; and
WHEREAS, the Installment Financing Agreement, if supplemented, will comply in all
respects with Section 160A-20 and Chapter 159, Article 8, of the General Statutes of North
Carolina and the guidelines of the Local Government Commission of North Carolina for all
financings undertaken pursuant to said Section and Article; and
WHEREAS, said Section 160A-20 requires that, before entering into an installment
financing agreement involving real property, the County shall hold a public hearing on such
agreement; now, therefore,
BE IT RESOLVED by the Board of Commissioners for the County of Iredell:
Section 1. A public hearing with respect to amendments to the Installment Financing
Agreement is hereby directed to be held on Tuesday, September 30, 2008, at 7:00 P.M., in the
Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center
Street, Statesville, North Carolina.
Section 2. The Clerk to the Board of Commissioners is hereby directed to publish
notice of said public hearing, in substantially the following form, once at least ten (10) days prior
to the date of the public hearing as required by Section 160A -20(g) of the General Statutes of
North Carolina:
NOTICE OF PUBLIC HEARING BY
THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL,
NORTH CAROLINA, CONCERNING AMENDMENTS TO AN INSTALLMENT
FINANCING AGREEMENT ENTERED INTO TO FINANCE AND
REFINANCE SCHOOL FACILITIES
NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners for the
County of Iredell, North Carolina (the "County") is considering entering into a Second
Supplemental Installment Financing Agreement (the "Second Supplemental Installment
Financing Agreement") for the purposes of amending an Installment Financing Agreement, dated
as of July 1, 2000, between Iredell County Public Facilities Corporation, a North Carolina non-
profit corporation (the "Corporation") and the County, as supplemented by a First Supplemental
Installment Financing Agreement, dated as of February 1, 2003, between the Corporation and the
County (collectively, the "Installment Financing Agreement"). In connection with the execution
and delivery of the Installment Financing Agreement, the Corporation issued its Installment
Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the "Series 2000
Bonds") to provide funds to pay costs of certain school projects and pay certain costs of issuance
of the Series 2000 Bonds. On February 21, 2003, the Corporation issued its Installment Payment
Revenue Refunding Bonds (Iredell County School Projects), Series 2003 (the "Series 2003
Bonds") to provide funds to (i) refund the Series 2000 Bonds stated mature in the years 2014 to
2020, inclusive, and (ii) pay costs relating to the issuance of the Series 2003 Bonds, including the
premium for a financial guaranty insurance policy issued by Ambac Assurance Corporation
insuring the payment of principal of, and interest on, the Series 2003 Bonds, when due (the
"Series 2003 Insurance Policy"). Amounts payable by the County under the Installment
Financing Agreement (the "Installment Payments") are to be applied to pay, among other things,
the principal of, redemption premium, if any, and interest on the Series 2000 Bonds and the
Series 2003 Bonds. The County proposes to enter into an agreement with Ambac Assurance
Corporation to provide for the termination of the Series 2003 Insurance Policy. The proposed
Second Supplemental Installment Financing Agreement will amend the Installment Financing
i
Agreement by modifying and/or deleting certain provisions set forth therein relating to the rights
and obligations of Ambac Assurance Corporation as a result of the proposed termination of the
Series 2003 Insurance Policy.
NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a
public hearing in the Commissioners' Meeting Room at the Iredell County Government Center,
200 South Center Street, Statesville, North Carolina, on September 30, 2008, at 7:00 P.M., or an
adjournment thereof, at which time any person may be heard regarding the proposed Second
Supplemental Installment Financing Agreement.
COUNTY OF IREDELL, NORTH CAROLINA
By: Jean C. Moore
Clerk to the Board of Commissioners
Section 3. This resolution shall take effect immediately upon its passage.
Upon motion of Commissioner Robertson, the foregoing resolution entitled "RESOLUTION
CALLING A PUBLIC HEARING CONCERNING AMENDMENTS TO A CERTAIN
INSTALLMENT FINANCING AGREEMENT, DATED AS OF JULY 1, 2000 BETWEEN
IREDELL COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF
IREDELL, NORTH CAROLINA, AS SUPPLEMENTED, TO PROVIDE FOR THE
DELETION THEREFROM OR MODIFICATION OF PROVISIONS THEREIN RELATING
TO THE TERMINATION OF A FINANCIAL GUARANTY INSURANCE POLICY" was
passed by the following vote:
Ayes: 4
Noes: 0
8. Request for Approval of a Resolution Requesting that Garner Bagnal Boulevard
Qualify as a Strategic Highway Corridor: Chairman Norman presented the following
resolution and requested approval.
RESOLUTION
REQUESTING THAT GARNER BAGNAL BOULEVARD QUALIFY ASA
STRA TEGIC HIGHWA Y CORRIDOR (SHC)
WHEREAS, US 70 was improved from two to four lanes from 1-85 to 1-77; and
WHEREAS, the North Carolina Department of Transportation owns the right -of=
way to improve US 70 from two to four lanes from 1-77 to 1-40 in Statesville; and
WHEREAS, it is critical for the state's emergency evacuation plans to improve US
70 to four lanes from 1-85 to 1-40; and
WHEREAS, improvement of this 4.8 mile section of US 70 (Garner Bagnal
Boulevard) qualifies to be designated a Strategic Highway Corridor.
NOW, THEREFORE, BE IT RESOLVED by the Iredell County Board of
Commissioners in Statesville, North Carolina, that:
1. US 70 (Garner Bagnal Boulevard) be improved from two to four lanes from the
terminus of the current improvement plan 0-77) to a suitable terminus in the right-of-
way of 1--40
2. Pedestrian access be provided on both sides of the improved area
3. Suitable lighting of the corridor be installed
4. The North Carolina Department of Transportation coordinate suitable landscape
with the City of Statesville
5. Garner Bagnal Boulevard be designated as a Strategic Highway Corridor.
9. Request for Approval of a National Long -Term Care Residents Rights Week 2008
Proclamation: The following proclamation was approved and will be submitted to the Centralina
Council of Governments' Ombudsman.
9
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Wscipe for7fome: Creating and Defining 9fome in
Gong -term Care PaciCties
WHEREAS, there are nearly 1.5 million individuals living in 17,000 nursing homes; and 1 million
individuals living in 47,000 board and care/assisted living facilities in the U.S.; and
WHEREAS, the federal Nursing Home Reform Act of 1987 guarantees residents their individual rights in
order to promote and maintain their dignity and autonomy; and
WHEREAS, all residents should be aware of their rights so they may be empowered to live with dignity
and self-determination; and
WHEREAS, we wish to honor and celebrate these citizens, to recognize their rich individuality, and to
reaffirm their rights as community members and citizens, including the right to have a say in their
care; and
WHEREAS, individuals and groups across the country will be celebrating Residents' Rights Week with the
theme - "Recipe for Home: Creating and Defining Home in Long -Term Care Facilities"- to
emphasize the importance of empowering Residents to define what home means to them and honor
their choices. This enhances the residents' quality of life as well as the work environment for staff,
resulting in less turnover and improved care.
Now, therefore, we the members of the Iredell County Board of Commissioners, hereby proclaim
October 5-11, 2008 as National Long -Term Care Residents' Rights Week, in Iredell County and
encourage all citizens to join us in these important observances.
10. Request for Approval of the September 2, 2008 Minutes
11. Request for Approval of a Preliminary Assessment Resolution: The following
resolution was approved which calls for a public hearing on October 21, 2008.
Langtree Properties, LLC, David Jacobs, Peggy K.
Jacobs, Richard W. Howard, Pamela M. Howard,
and Atrium at the Lake, Inc.,
Property Owners
PRELIMINARY ASSESSMENT
RESOLUTION
The Board of Commissioners of Iredell County, having considered the Petition of the Property
Owners listed above, finds that:
1. Iredell County is facing increased demands for infrastructure improvements as a result of rapid
growth and development.
2. It is appropriate to adopt a preliminary assessment resolution for the purpose of issuing revenue
bonds payable from special assessments imposed under this Article.
3. The "Benefitted Property' consists of the Property Owners' lands including, without limitation,
Langtree at the Lake, a mixed-use development to be built on 166 acres more or less and a John Q.
Hammonds Hotel located in the County on which the infrastructure components authorized by the Act
(the "Project"), are proposed to be located on lands owned currently by the Property Owners.
4. The Project is estimated to cost approximately $57,693,100, with approximately $46,154,480
(80%) to be financed with the requested special assessment.
5. The Property Owners represent 66.6% of the property owners of the real property to be
assessed and represent 92.07% of the assessed value of the real property to be assessed.
NOW THEREFORE, THE IREDELL COUNTY BOARD OF COMMISSIONERS RESOLVES THAT:
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1. Iredell County intends to undertake to issue bonds pursuant to NCGS §153A-210 et. seq. ("The
Act") for the purposes set forth in the Petition of the Property Owners of the benefitted lands within the
Project.
2. The nature and location of the project is Langtree at the Lake, a mixed-use development to be
built on 175 acres more or less and a John Q. Hammonds Hotel located in the County, and located on
three of the four quadrants surrounding the Interstate 77 Interchange known and identified as Exit 32
plus additional lands contiguous by land or water or both to such parcels which Project is proposed to be
located on lands owned currently by the Property Owners.
3. The proposed basis for making assessments is to assess on the planned build -out of the
improvements, both horizontal and vertical, to each parcel.
4. A general description of the boundaries of the area benefited if the basis of assessment is either
area or valuation is that attached to the Petition of the Property Owners as Exhibits A and B.
5. The estimated cost of the work to be performed with the proceeds of the special assessment is
$46,154,480 out of a total estimated cost of the Project of $57,693,100.
6. The percentage of the cost of the work that is to be specially assessed is eighty (80%) percent of
the Project cost.
7. The assessments for improvements to specific parcels are to be held in abeyance until such time
as they are acquired by the developer of the benefitted property and improvements authorized by the
Iredell County Commissioners are begun.
8. The terms of payment of the assessment are that the assessment shall be payable in 30 annual
installments with installments due on the date that property taxes are due as provided by NCGS
§153A-210.5.
9. Public hearing on all matters covered by the preliminary assessment resolution shall be held in
the Commission Room at 7:00 PM on October 21, 2008.
10. At least 10 days before the date set for the public hearing, a copy of the preliminary assessment
resolution shall be mailed by the appropriate County personnel by first-class mail to each Property
Owner, as shown on the county tax records, of property subject to assessment if the project is
undertaken.
>e >e >e >e >e
12. Request for Approval of a Resolution Regarding the Badge and Sidearm of Deputy
Ronald N. Wyatt: The following resolution was approved allowing Retiree Wyatt to retain his
employment badge and to purchase his service sidearm.
RESOLUTION REGARDING THE BADGE AND SIDEARM OF
DEPUTY RONALD N.WYATT
WHEREAS, Deputy Ronald N. Wyatt has served honorably Sheriff's in the Iredell County Sher's Office
and has successfully met the requirements for retirement and does, upon the occasion of his retirement,
request that he be permitted to retain his badge and to purchase his service sidearm;
NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that
said badge be awarded to Deputy Ronald N. Wyatt at no charge and that he be allowed to purchase his
service sidearm for the sum of One Dollar ($1.00), as provided by G.S. 20-187.2.
One (1) Glock Model 22 Serial # EPB933US
END OF CONSENT AGENDA
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Local Emergency Planning Committee (3 announcements)
Juvenile Crime Prevention Council (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (4 appointments): No
nominations were submitted, and Commissioner Tice made a motion to postpone the
appointments until the October 7, 2008 meeting.
VOTING: Ayes — 4; Nays — 0.
Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted,
and Commissioner Tice made a motio to postpone the appointment until the October 7, 2008
meeting.
VOTING: Ayes — 4; Nays — 0.
Nursing Home Advisory Committee (4 appointments): No nominations were
submitted, and Commissioner Tice made a Emg to postpone the appointments until the
October 7, 2008 meeting.
VOTING: Ayes — 4; Nays — 0.
Criminal Justice Partnership Program Committee (1 appointment): No nominations
were submitted, and Commissioner Johnson made a motion to postpone the appointment until
the October 7, 2008 meeting.
VOTING: Ayes — 4; Nays — 0.
Recreation Advisory Board (1 appointment): No nominations were submitted, and
Commissioner Tice made a motion to postpone the appointment until the October 7, 2008
meeting.
VOTING: Ayes — 4; Nays — 0.
Personnel Advisory Committee (2 appointments): MOTION by Commissioner
Robertson to appoint Don Searcy and Alma Oliphant.
VOTING: Ayes — 4; Nays — 0.
UNFINISHED BUSINESS
Update on the 2030 Horizon Plan or the Iredell County Comprehensive Plan:
Planning and Development Director Ron Smith provided an update on the land use plan being
prepared by Clarion Associates. Smith said the 1997 plan primarily consisted of a map, and
through the years, over 60 amendments occurred. He said work on the plan began in March 2008,
and it was anticipated that completion would occur at the end of this year with presentation to the
planning board in January. Mr. Smith said a public forum had been held in the county's northern
end along with one in Statesville, Mooresville and Troutman with a total of 132 people attending.
Smith said a copy of the full report was posted on the planning department's web site.
Commissioner Johnson said the board had received several rezoning requests for
properties near Westmoreland Road and Hwy. 21. He said the requests were indicative of
problems in corridor areas, especially since the State Department of Transportation only allowed a
limited amount of cut-offs. Johnson said many property owners wanted to sell their properties, and
this generated rezoning requests. He asked if the land use plan would address this situation.
Smith said this type of scenario was being studied, and ideally, land use and
transportation needed to be tied together; however, the county didn't control road improvements.
He said the planning staff tried to work with the developers to have the roads built. Smith said that
if standards were established, such as requiring turn lanes, then this would be similar to having an
adequate public facilities ordinance.
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Johnson said that if options could be provided to the developers, then this might be a way
to ameliorate some of the issues.
PUBLIC COMMENT PERIOD: The public was offered an opportunity to speak, but
no one accepted.
COUNTY MANAGER'S REPORT: A written activity report was distributed, and the
county manager presented each board member with information to assist in the recruitment of a
new county manager. (The material was in a three-ring notebook with sections detailing the
following: (1) Recruitment Guidelines for Selecting a Local Government Administrator (2) an
article entitled, ICMA: Leaders at the Core of Better Communities (3) a Model Employment
Agreement (4) information detailing the Powers and Duties of a County Manager (5) a Salary
Comparison Chart (6) a copy of the County Manager's Job Description (7) a Suggested
Recruitment Schedule and (8) a Job Advertisement.
Mr. Mashburn said further discussion about the material could be held at a future meeting.
He mentioned that the county's human resource department could receive the employment
applications.
ADJOURN: MOTION by Chairman Norman to continue the meeting to 7:00 P.M., on
Tuesday, September 30, 2008 for the purpose of conducting a public hearing regarding
amendments to the installment financing agreement as was previously discussed.
VOTING: Ayes — 4; Nays — 0.
Approval:
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Clerk to the Board