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HomeMy WebLinkAboutApril 7 2009 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES APRIL 7, 2009 The Iredell County Board of Commissioners met in Regular Session on Tuesday, April 7, 2009, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman Godfrey Williams Vice Chairman Marvin Norman Steve Johnson Ken Robertson Absent: Scott Keadle Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Transportation Director Ben Garrison, Social Services Director Don Wall, Income Maintenance Supervisor Lynn Deal, Work First Supervisor Linda Bledsoe, Planning Director Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Williams. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE ADJUSTMENT OF THE AGENDA: A closed session to discuss a legal matter was added to the agenda pursuant to G.S. 143-318.11 (a) (3). APPOINTMENT BEFORE THE BOARD Request from the Stop Child Abuse Now (SCAN) Agency for the Adoption of a Proclamation Proclaiming April 2009 as Child Abuse Prevention Month: MOTION by Commissioner Norman to approve the following proclamation that was presented to SCAN Executive Director Amy Eisele. VOTING: Ayes — 4; Nays — 0. Proclamation for Child Abuse Prevention Month WHEREAS, preventing child abuse and neglect is a community problem affecting both the current and future quality of life for a community; and WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and without the knowledge and resources to know how to cope; and WHEREAS, the majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community; and WHEREAS, child abuse and neglect can be prevented by making sure each family has the support they need to raise their children in a healthy environment; and WHEREAS, child abuse and neglect not only cause immediate harm to children, these factors are also proven to increase the likelihood of criminal behavior, substance abuse, health problems such as heart disease and obesity, and risky behavior such as smoking; and WHEREAS, all citizens should become involved in supporting families to provide safe, nurturing environments for their children giving them the opportunity to grow up to be caring, contributing members of the community; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community. NOW, THEREFORE BE IT PROCLAIMED, by the Iredell County Board of Commissioners, that April 2009 be declared as Child Abuse Prevention Month and for all citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to be called upon to increase their participation in the efforts to support families, thereby preventing child abuse and strengthening our communities. PUBLIC HEARING Chairman Williams declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for the Exeter Property Group: Economic Developer Mike Smith said the Exeter Company planned to build a 150,000 sq. ft. distribution center for Land O' Lakes/Purina, an existing company. He said Land O' Lakes desired to expand; however, no new jobs would be created. Smith said an economic development incentive was being requested to offset the new construction, and it was important to retain existing jobs as well as to increase the tax base. He said the facility, costing $5,145,000.00, would be off US 70 across from the Statesville Business Park. Mr. Smith said the investment would make the company eligible for a $91,581 incentive over a five-year period. No one else desired to speak, and Chairman Williams adjourned the hearing. OTIO by Commissioner Johnson to approve the request by offering a $91,581 incentive, over a five year period, to the Exeter Property Group, based on the company's $5,145,000 investment in Iredell County. VOTING: Ayes — 4; Nays — 0. ADMINISTRATIVE MATTERS Request from the Iredell County Area Transportation System (ICATS) for Approval of Revised By -Laws for the Community Transportation Advisory Board and Approval of the Members Recommended to Serve: Transportation Director Ben Garrison said the FY 10 state funding application included a requirement for recipients to report on the activities of the Community Transportation Advisory Board and to provide a membership listing. He said that with assistance from current members, a roster of additional members representing a broad spectrum of the county was compiled. Garrison said the committee had enlarged from 12 to 19 members. Continuing, Garrison said revised by-laws had been submitted for approval, and the only change was the removal of term limits. OTION by Commissioner Norman to approve the revised by-laws, and the Community Transportation Advisory Board list of members as presented. VOTING: Ayes — 4; Nays — 0. A copy of the by-laws, and a list of the advisory board members are as follows: IREDELL COUNTYAREA TRANSPORTATION SYSTEM ADVISORY BOARD OPERATIONAL BY-LAWS ■ ARTICLE L Name The name of this board shall be the Iredell County Area Transportation System Advisory Board. ■ ARTICLE IL Powers and Responsibilities The transportation advisory board shall perform the following duties or be responsible for the following functions: 1) Serve as a liaison between the residents oflredell County and the county government concerning transportation issues. 2) Serve as the advisory body to Iredell County who serves as the lead agency in the operation of the Iredell County Area Transportation System (ICA TS). 3) Recommend policy and make recommendations to the Transportation Coordinator and the Iredell County Board of Commissioners on the transportation needs oflredell County citizens, particularly with respect to a coordinated and cost-effective approach to the delivery o% 2 transportation services to area human service agencies and the general public. 4) Work to stimulate and promote needed transportation services and programs for Iredell County residents. 5) Assistpublic, private non profit, private, and voluntary agencies in providing transportation services to their clients. 6) Assist in the development and update of the Iredell County Community Transportation Improvement Plan (CTIP). 7) Perform other functions and responsibilities as may be requested or prescribed by the Iredell County Board of Commissioners. ■ ARTICLE III: Composition 1) NUMBER AND QUALIFICATIONS The Iredell County Transportation Advisory Board is composed of one representative from Human Service agencies, purchasing transportation services annually, and at -large members, appointed by the Iredell County Board of Commissioners to give broader representation to the Board. 2) TERMS AND REPLACEMENTS At -large members of the Iredell County Transportation Advisory Board shall serve two-year terms, and can be re -appointed to their positions as long as they are willing to serve. Agency representatives will serve continuously or until succeeded for whatever reason (resignation, termination, etc.). 3) VACANCIES The Iredell County Board of Commissioners shall fill at -large vacancies on the Iredell County Transportation Advisory Board The person appointed shall serve for the unexpired portion of the term, and can be considered for re -appointment. 4) ATTENDANCE Any member of the Board who accumulates more than three unapproved absences in a 12 -month period shall lose his/her status as a member of the board and shall be replaced by the Iredell County Board of Commissioners. Absences due to illness or death of an immediate family member shall be considered approved absences and shall notaffect the member's status. Following the second absence, the member will be notlied in writing of the attendance policy. 5) AGENCY APPOINTMENTS AND ALTERNATES The director of contracting organizations may appoint a delegate and an alternate to represent the organization on the board. In the absence of the delegate, the alternate shall represent the contracting organization and shall have full voting privileges. ■ ARTICLEIV. Regular Meetings 1) DATES AND LOCATIONS a. Regular meetings of the Iredell County Transportation Advisory Board will be held quarterly or on a monthly basis as determined to be needed by the Advisory Board. The board will establish date, location, and tune ofineetings. b. Special meetings of the Iredell County Transportation Advisory Board may be called by the Chairperson as deemed necessary to carry out the duties of the board. c. Board agenda package will be provided to board members a minimum of five working days in advance of the meeting date. d. Meeting dates will be established annually for the calendar year. e. Public notice of all meetings will be provided in compliance with NC G.S. 143-318.12. 2) QUORUM A majority of the board then in of shall constitute a quorum for- the transaction of business for any meeting of the board. ■ ARTICLE V. Officers 1) NUMBER AND TITLE The principle officers of the Iredell County Area Transportation Advisory Board shall be a Chairperson, Vice -chairperson, and Secretary. 2) ELECTION The Chairperson, Vice -chairperson, and Secretary, shall be elected by the Transportation Advisory Board for a term of one year at its first meeting in the Iredell County fiscal year. Consecutive terms may be served. 3) VACANCIES Any vacancy in any off ce elected by the board may be filled by the board for the unexpired portion of the term. 4) CHAIRPERSON The chairperson shall preside at all meetings of the board and shall represent the board in approved activities on its beha f The chairperson will also be responsible for scheduling and submitting notices of all meetings to the membership of the board. 5) VICE CHAIRPERSON The vice chairperson shall perform the duties of the chairperson in his/her absence. 6) SECRETARY The secretary shall record and keep a file of'the minutes of all board meetings. ■ ARTICLE VI. • Committees The Iredell County Area Transportation Advisory Board may designate committees as it shall determine. Minutes must be taken at each committee meeting and should be filed with the of board minutes. Reports from each committee shall be given to the full membership of the board. ■ ARTICLE VII: Rules Of Order At all meetings of the board and of such committees as may be established by itporliamentary procedure shall be governed by the latest edition of Robert's Rides of Order and as modified by rules of the board. ■ ARTICLE VIII: Board of Commissioners The Iredell County Board of Commissioners may direct the transportation advisory board regarding matters relating to it and may over -rule or re -direct actions of the transportation advisory board. ■ ARTICLE IX: Amendments These by-laws may be adopted, altered, or appealed by the affirmative votes of the majority of the Board of Commissioners in office at any regular or special meetings of the board, but only if the notice of such meeting contained a copy or an accurate summary and explanation of the proposed by-laws amendment, alteration, or repeal as the case may be. 4 Transportation A dvisorE Board Name Reresentin > Anna Rice Human Service Agency/Aging Lynn Deal Human Service Agency/Disabled/Lo Income Linda Bledsoe Human Service Agency/Low Income Melanie Tutterrow Human Service Agency/Disabled/Elderly Brian Duncan Human Service Agency/Minority-Ethnic Group/Low Income Mamie Houston General Public/Minority-Ethnic Group/Community Group/CommunityCollege Bow Hunter Human Service Agency/Disabled 4 Steve Warren General Pubfic/Government/RPO/County Government David Crosby Government/Disabled Brad Stroud Government/Disabled/Eider]/Veterans Gary West General Public/Minority-Ethnic Group/Disabled/Elderly/Low Income/Faith Based Bill Pfeufer General Public/Transit User/Disabled/Elderly/Veterans David Bradley Employer/General Public Jean Manall Employer/General Public/Government/Employment Security Comm. Mary Patton Employer/General Public/Disabled/Low Income/Goodwill Industries Judy Ritter Human Service Agency/Disabled/Dialysis Mason McCullough General Public/Minority-Ethnic Group Neil Burke General Public/Government/Mooresville Planning Laura Hager Employer/General Public/Transit User/Mitchell College Request for a Status Designation for the FY 2010-2011 Work First Program with the Choices Being Either an "Electing County" or a "Standard County:" Social Services Director Don Wall said Iredell County had successfully operated as an electing county for the past ten years, and the state was informed in September 2008 of the county's desire to continue with this designation. He said the state reviewed the county's plan (submitted in September) and later notified the department that Supplemental Security Income (SSI) could not be counted, plus other changes needed to be made. Mr. Wall said the Welfare Reform Committee recently met to discuss the state's rejection of the plan; however, neither a quorum, nor a consensus on what action to take was achieved. Wall said for the past ten years that (1) SSI had always been counted and (2) the county had saved money even though General Assembly had "chipped away" at the cash assistance allocation. He said that if county remained in the electing status, and spent more than the allocation, then the county would have to pay 100% of the exceeded amount. Wall said the federal government would pay 100% of the exceeded amount for standard counties. The following table was then presented to show the current status of the electing designation, and a projected estimate for FY 09-10. FY 08-09 Electing Status Cash Assistance FY 08-09 Cost Transfer to TANF/CPS $944,427 $755,000 $189,427 Wall said that when the county first started using the electing status there were about 56 families that were turned away because they were over the income threshold due to SSI. He said now, they would be eligible to apply for Work First, plus it was anticipated that more unemployed people would be eligible. FY 09-10 Electing Status Cash Assistance FY 09-10 Cost Transfer to TANF/CPS $904,502 $898,096 $6,406 Wall said it was predicted that if SSI was not counted in 09-10, only $6,406 would be available to transfer to TANF/CPS compared to the $189,427 for 08-09. (This also does not include applications from the unemployed.) Mr. Wall said the department might be able to survive in 09-10, but "it did not have prayer in FY 10-11." Commissioner Johnson said the increased cost projections between FY 08-09 and FY 09- 10 were so "bleak" the staff didn't even try to factor in the unemployed. Mr. Wall said the plan submitted to the state was available, if any of the board members desired to review the state's comments. He said at the present, there were only eight counties with the electing designation. Mr. Wall said both designations (electing and standard) could not count SSI. He said more families would be eligible which would increase the costs and exceed the funding allocation. He said two attorneys in the North Carolina Attorney General's office had issued the SSI ruling. Commissioner Norman asked if the county could appeal the state's decision. Wall said there was no appeal process, but a challenge to the rules and regulations could be taken to court. 5 Robertson asked if the county could switch back to an electing status, if the standard designation were chosen. Wall said at the present, electing counties received an allocation for cash assistance and the standard counties did not. He said the state paid for all eligible recipients in the standard counties. Mr. Wall said he did not know the answer to Commissioner Robertson's question. He said it was felt that the state preferred to eliminate the electing status. Wall said Iredell County was conservative, and the electing status program had worked well for the past ten years. He said the state was recommending cuts to the program, and the General Assembly was agreeing with the reductions. Commissioner Robertson said the state was not experiencing a cut, because if the rules were widened to allow more people to benefit, then it would be more expensive. Wall said the federal government was paying 100% so the state didn't really care. He said all of his information was coming from the state level. Mr. Wall said about 1.4 million was available at one point for cash assistance and $88,000 might be spent allowing the remainder to be transferred to the county. Robertson asked if the people who made the change were political appointees. Mr. Wall said it was the Division of Social Services Director who was trying to eliminate the electing county designation. He continued by saying the option to become an electing county was a Republican initiative, and the Democrats had never liked the program. Commissioner Johnson said that when the electing county status was first used, the county was getting about $1.5 million from the state, and it had gradually been reduced to $904,502. Johnson said the Raleigh officials didn't like the original plan to begin with, and they were opposed to any county using the electing status. He said, originally, the names of the counties desiring the status were placed in a hat and the ones chosen were declared electing counties with Iredell being one of the fortunate. Johnson said that once the plan was approved and implemented, that Iredell County was one of the most successful counties in getting people off of cash assistance and finding them gainful employment. He said one method used to accomplish this was to reduce the barriers to work by using the cash assistance money for day care assistance, removing transportation obstacles, and providing job training in order for the people to find jobs. Johnson said, however, the Raleigh officials never liked the program, plus there were some in Iredell County that had disliked it. Johnson said that at the Welfare Reform Committee meeting, someone asked what would happen if the county let the plan lapse. He said that if the Raleigh officials continued to demonstrate an unwillingness to make it beneficial for counties to remain with the electing designation, he didn't feel it made any difference. Johnson said that in FYI 0-11, it was probable the $904,502 would be decreased again making it even more difficult for the program to be successful. Concluding, Johnson said that assuming for the moment that the unemployment situation did not worsen there was only a $6,406 spread between what the state would provide and what was predicted for the expenditures. He said that once a worsening unemployment rate was factored in, then the situation was worse then had been portrayed. He said the board had to decide to either let the designation lapse and automatically return to the standard county status, or to vote on becoming a standard county. Chairman Williams asked if there was a benefit to letting the designation lapse rather than voting on it. Johnson said if the county voted on the matter, the state could just turn down the plan again. Commissioner Norman asked Mr. Wall's opinion. Mr. Wall said he was the commissioner's servant; however, if the board chose to let the decision lapse, Iredell would become a standard county. OTION by Commissioner Johnson to let the designation lapse. 6 (The plan will be sent back to the state, with no changes (continue to count SSI), and once the state rejects it, the county will lapse back. Commissioner Johnson said he didn't want to create more work for the local social services staff, but a point needed to be made.) Commissioner Robertson agreed. VOTING: Ayes — 4; Nays — 0. The following chart depicts the savings that Iredell County has experienced by being an electing county: April 7, 2009 100% Maintenance of Effort $1,477,927 90% Maintenance of Effort $1,330,134 Savings $147,793 Maintenance of Efforts Savings 000-01 $147,793 2001-02 $147,793 2002-03 $147,793 2003-04 $147,793 2004-05 $147,793 005-06 $147,793 2006-07 $147,793 2007-08 $147,793 008-09 $147,793 Total $1,330,137 Cash Savings 2000-01 $236,277 2001-02 $373,198 2002-03 $378,277 2003-04 $568,391 2004-05 $743,114 2005-06 $634,316 006-07 $783,968 007-08 $273,392 2008-09 (Estimate) $170,000 Total $4,160,933 Grand Total Savings $5,491,070 Request for Approval to Lease a County Owned Vacant Lot to Harmony Baptist Church: County Manager Joel Mashburn requested permission to lease a one -acre tract of land to Harmony Baptist Church. He said the property was used for extra parking during services, and the church mowed and graveled the lot which saved the county money. He said the one-year lease allowed for additional one-year extensions unless terminated by either party. MOTIO by Commissioner Johnson to approve the lease with Harmony Baptist Church as presented. VOTING: Ayes — 4; Nays — 0. Request for Approval of Revisions to the Iredell County Ambulance Franchise Ordinance: Deputy County Manager Tracy Jackson presented the following changes to the franchise ordinance. 1. Sec. 4.5-42 7 ADD: (for new applicants) (6) A copy of the most current audited financial statement as it pertains to operations in the county, or a surety bond in favor of the county, subject to approval of the county attorney, in the sum of not more than ten thousand dollars ($10,000.00), conditioned upon the faithful performance by grantee of all the terms and provisions hereof; and conditioned in the case of any breach by grantee of any such terms and conditions, the whole amount of such bond shall be forfeited to the county as liquidated damages for such failure and breach. (7) A certified check or money order in the amount of $1,500 to recover the county's cost for investigating the applicant's performance. 2. Sec. 4.5-44 a. Validity; termination; reapplication. The county may issue a franchise under this article to an owner of an ambulance service, to be valid for a term to be determined by the count of no greater that 3 years provided that either party, at its option, may terminate the franchise upon sixty (60) days prior written notice to the other party. After a notice of service termination is given, the ambulance service shall reapply for a franchise if continued service is desired. Sec. 4.5-46 Franchise Agreement Renewal Application Application for a franchise renewal to operate ambulances in the county shall be made upon such forms as may be prepared or prescribed by the county and shall contain: 1) The name of the applicant and the owner of the ambulance or the ambulance service. 2) The trade name or other fictitious names, if any, under which the applicant does business, along with a certified copy of an assumed name certificate stating such name or articles of incorporation stating such name. 3) A resume of the training and experience of the applicant in the transportation and care of patients, along with each employee's years of service with the applicants company. 4) A description and copy of state credential for each ambulance owned and operated by the applicant. This should include the number of years each ambulance has been in service with this company. 5) A list of personnel employed by the applicant including each employee's title/certification and length of tenure with the applicant. 6) The location and description of the places from which it is intended to operate. 7) A description of the applicant's capability to provide twenty-four hour coverage, seven days a week. 8) Certified check or money order in the amount of $1500 to recover the county's cost for investigating the company's performance. 9) Letter of recommendation from the I redell County EMS Director supporting the franchise renewal. 10) Any information the county shall deem reasonably necessary for a fair determination of the capability of the applicant to provide ambulance service in the county in accordance with the requirements of the state and the provisions of this article. Commissioner Johnson said he understood the applicant could provide either an audited financial statement or a surety bond. Jackson said this was correct -- either one. Johnson said he assumed the surety bond would guarantee the performance of services. Attorney Pope said this was correct. Commissioner Johnson said his only concern pertained to companies electing to not provide an audited financial statement. He said the county would then have no way to ascertain their financial viability other than the surety bond. Johnson asked what happened, if in the middle of a year, a company did not perform as advertised. He said it would cost more than $10,000 for the county to provide the services which would include labor, equipment and vehicles. Jackson said he would defer this to Attorney Pope. He said the $10,000 was used after reviewing other city/county ordinances, but he didn't know if it was enough. Johnson said that if a company "pulled out," and NuCare didn't have the capacity to bring in more ambulances, then the county might have to purchase an ambulance in the middle of the year. Jackson said the $10,000 was basically a "stop gap." He said that if NuCare pulled out tomorrow, the county would have to provide the service. Mr. Jackson said the county was asking for an audited financial statement upfront in faith, and if this couldn't be provided, then a surety bond could be used. He said it was estimated that $300,000 would be needed if the county had to provide convalescent services. Commissioner Johnson asked Attorney Pope the cost for a $10,000 surety bond. Pope said he didn't know, but the bonding company would look at the financial condition of the company before the bond was issued. He said the cost probably would not be that significant -- probably a few hundred dollars. Johnson asked about a change in ownership -- would the new owner have to comply with the guidelines. Jackson said any percent change would necessitate compliance by the new owner(s). MOTION by Commissioner Johnson to adopt the Ambulance Franchise Ordinance with one exception and that being that the surety bond amount of $10,000 be increased to $50,000. VOTING: Ayes — 4; Nays — 0. Request for Approval of Recommendations for the Scope and Membership of an Air Quality Committee: Planning Director Ron Smith said the following committee scope and suggested roster of members had been completed for the board's review. 9 Air Quality Committee Scope: This committee will be made up of representatives from agencies that will represent the various industries of Iredell County. It will serve to educate these industries and other affected parties about air quality issues and gather information regarding nonattainment and its consequences. The group will disseminate pertinent information to the businesses and commercial entities of Iredell County so that they can plan accordingly. It will also research, discuss, and recommend to the Board of Commissioners reasonable measures that will be beneficial to air quality, cost- effective, and agreeable to local economic entities. Potential Committee Members: Russell Rogerson — Mooresville South Iredell Economic Development Corporation Robert Carney - Mooresville South Iredell Economic Development Corporation Mike Smith — Greater Statesville Development Corporation Karen Shore — Mooresville South Iredell Chamber of Commerce David Bradley — Greater Statesville Chamber of Commerce John Marek - Greater Statesville Development Corporation TBA — Iredell County Farm Bureau Nominee Kenny Miller—Iredell-Statesville Schools Steve Mauney — Mooresville Graded School District Ex -Officio Members Iredell County Planning and Development North Carolina Department of Transportation Town of Mooresville Planning (Transportation Planner) City of Statesville Planning Town of Troutman Smith said the group would function as an advisory committee to gather information, make recommendations to the board, and to disseminate air quality information to related agencies and associated entities. Chairman Williams said he was glad that at least one farm community member was included. He said input from the farming community was important, and he would like to see others who worked with livestock included, if possible. Johnson agreed, and said that Cooperative Extension Director Ken Vaughn, or his designee, would be helpful to have as an ex -officio member because Mr. Vaughn's office was helpful in disseminating information to the agricultural community. Commissioner Robertson said he wanted to make a comment about the air quality committee scope. He reminded everyone that at the last meeting he had expressed hesitancy in establishing the committee due to the county not having any authority to take any action. Robertson suggested that before the committee made any recommendations, that the members be briefed on all the legal limitations. Mr. Robertson said the county did not have any authority to mandate that people not drive their cars or to drive smaller cars. He said the committee members needed to be told this, along with all of the other limitations, and this needed to be done in the beginning. Chairman Williams nominated Richard Renegar as the Farm Bureau representative. He said Mr. Renegar had served on the State Farm Bureau when many of the issues first surfaced. Commissioner Johnson nominated Doug Holland and Charles Carter to represent the agricultural community. County Manager Mashburn clarified that the ex -officio members would be non-voting, and they would basically be technical advisors. MOTION by Commissioner Norman to accept the scope and membership listing, with the additions (Richard Renegar as a Farm Bureau representative, Doug Holland and Charles Carter as agricultural community representatives, and Ken Vaughn, or his designee, as an ex - officio member). VOTING: Ayes — 4; Nays — 0. 10 Request from the Iredell-Statesville School System for Approval of a Utility Easement (Proposed 8" Pipeline) with PSNC Energy for Coddle Creek Elementary/Middle School: County Manager Joel Mashburn said an e-mail was received from Rob Jackson, the Director of Construction for the Iredell-Statesville Schools, requesting approval of an easement agreement. Mashburn said that due to a bond financing several years ago which included the Coddle Creek School, the county had to approve the utility easement. He said the e-mail from Mr. Jackson indicated the new school would use gas, and the easement would not infringe on any of the permanent or needed Coddle Creek property. OTION by Commissioner Johnson to approve the utility easement with PSNC Energy for Coddle Creek Elementary/Middle School. VOTING: Ayes — 4; Nays — 0. Request for a Discussion Regarding Senate Bill 758, An Act to Transfer the Responsibility for Secondary Road Construction And Maintenance from the State to the Counties: This proposed legislation was introduced on March 23, 2009 by Senators Bob Rucho and Daniel Clodfelter, both from Mecklenburg County. Commissioner Johnson questioned if the two sponsors had any idea about how this legislation would impact the counties. He said it appeared the legislators not only wanted to issue more and more unfunded mandates, they also wanted to "shirk" a responsibility that had been with them for the past 80 years. Commissioner Robertson said it was his understanding that another five cents would have to be added to the tax rate to pay for a secondary road program, and this would be approximately an 11 % tax increase. He said that if the state took the money from secondary road maintenance program, then the county would not see any more money spent on roads. Robertson said the money, saved by the county assuming the road responsibilities would then be spent on other "give away vote -buying programs" by the state. He said I-77 would not get widened any sooner, the I -77/I-40 interchange would not get improved any sooner, and the legislation was just another way for the state to access money in a down economy. Robertson said he was totally against the legislation, and this was the stance taken by the North Carolina Association of County Commissioners. He said the county would have to increase the tax rate by approximately 10.7% at a time when local unemployment was approaching 13%, and the county's legislative delegation needed to be told of the opposition. Commissioner Johnson noted the projected cost for the existing roads along with a provision in the legislation that would require the county to maintain new subdivision roads. He said it was completely unknown as to how much this would cost the county when the economy improved. In addition, he stated the legislation stipulated that the state would have the sole discretion as to what constituted a secondary road. He said this would probably be interpreted to mean any road with the exception of Hwy. 150, the two interstates, Highways 64, 70, 90, and 901. Chairman Williams asked, other than the two sponsors, who supported the legislation. He said that at the NCACC goals conference, no one was voicing support. County Manager Mashburn said he didn't know of any counties or municipalities advocating the legislation's passage, and he felt it was strictly coming from the General Assembly. He said state roads that extended through municipalities were maintained by the state; however, there had been legislation trying to shift the maintenance responsibility to the cities and towns. He said both efforts appeared to be a state budget reduction attempt. Mashburn said the General Assembly would probably argue that North Carolina and Texas were the only two states that did not have a county -road system; however, in the other states, health and social services were almost entirely functions of state government. He said it appeared the legislators wanted to shift road responsibility to the counties, but they weren't going to assume the local health and social services departments. Chairman Williams mentioned that for taxation reasons, the state assumed the secondary road responsibilities, but now, when it was a disadvantage to maintain the roads, the state wanted to transfer them back to the counties. OTION by Commissioner Norman for the staff to draft a letter in opposition to S13758. VOTING: Ayes — 4; Nays — 0. Request for Approval of the March 17, 2009 Minutes: OTION by Chairman Williams to approve the March 17, 2009 minutes. VOTING: Ayes — 4; Nays — 0. APPOINTMENTS TO BOARDS & COMMISSIONS Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted, and the appointments to this board were postponed until the April 21 meeting. Animal Grievance Committee (1 appointment): No nominations were submitted, and Chairman Williams made a otion to postpone the appointment until the April 21 meeting. VOTING: Ayes — 4; Nays — 0. Nursing Home Advisory Committee (2 appointments): Commissioner Robertson nominated Colleen Caldwell. MOTION by Chairman Williams to appoint Caldwell by acclamation and to postpone the remaining appointment until the April 21 meeting. VOTING: Ayes — 4; Nays — 0. Adult Care Home Community Advisory Committee (6 appointments): Commissioner Robertson nominated Bill Todd, Phillip Killam, and Ruth Andresen. MOTION by Chairman Williams to (1) close the nominations, (2) appoint Todd, Killam, and Andresen by acclamation and (3) to postpone the remaining three appointments until the April 21 meeting. VOTING: Ayes — 4; Nays — 0. NEW BUSINESS Credentialed Manager Designation: Chairman Williams said a recent notification from the International City County Management Association had announced that County Manager Joel Mashburn had been designated as a Credentialed Manager. Williams said that in order to earn the designation, a manager needed "significant experience as a senior management executive in local government with a degree in public administration or a related field, and to have demonstrated a commitment to high standards of integrity, lifelong learning and professional development." Mr. Mashburn was then complimented on his achievement. Fairgrounds Lease: Commissioner Johnson said the Kiwanis Club lease for the fairgrounds would soon expire. He said that in order to provide a viable fairgrounds in the future, the county would have to make a financial investment. OTION by Commissioner Johnson to (1) establish a committee to negotiate a new lease with the Kiwanis Club (2) establish a long-term capital improvement plan and (3) appoint members to the committee at the April 21 meeting with suggested areas of representation as follows: *One (1) county commissioner Two (2) county citizens Kiwanis Club Member Harvey Pons 12 Kiwanis Club Member Jim Head Two (2) Members of the Agricultural Community County Manager Joel Mashburn — ex -officio Cooperative Extension Service Director Ken Vaughn— ex -officio VOTING: Ayes — 4; Nays — 0. *Mr. Johnson volunteered to serve since he was already a member of the fairgrounds committee. He said that if another commissioner was interested, that person could also serve. COUNTY MANAGER'S REPORT: County Manager Mashburn reported on the following items: County Assembly Day: Sponsored by the NCACC on April 29, 2009 in Raleigh, NC. Anyone desiring to attend should notify the staff. NCACC District Meeting: A meeting will be held on April 16, 2009, 5:30 P.M., at the Agricultural Resource Center in Statesville. Anyone desiring to attend should notify the staff. Retiree/Long-Term Employee Service Recognition Day: This event will be held April 23 from 3-5 P.M., at the Agricultural Resource Center. A meal will not be served but employees will be recognized. All commissioners are invited. ***** NC Aeronautics Council Meeting: Commissioner Johnson said the NC Aeronautics Council would hold a meeting at the Statesville Airport (Lowes Hangar) on May 8 beginning around 11:30 A.M. He invited the other board members and mentioned that if they would like to attend, to let him know. CLOSED SESSION: Citing Economic Development — G.S. 143-318.11 (a) (4) and Attorney/Legal — G.S. 143-318. 11 (a) (3), Chairman Williams at 8:29 P.M., made aotio to enter into closed session. VOTING: Ayes — 4; Nays — 0. (RETURN TO OPEN SESSION AT 9:03 P.M.) MODIFICATION TO ECONOMIC DEVELOPMENT AGREEMENTS: MOTTO by Chairman Williams to authorize Attorney Bill Pope to modify the economic development incentive agreements for NGK Ceramics, L.B. Plastics, Inc., and the Ilmore Corporation. VOTING: Ayes — 4; Nays - 0. ADJOURNMENT: There being no further business, Chairman Williams adjourned the meeting at 9:05 P.M. (Next Meeting: Tuesday, April 21, 2009 at 5 and 7 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Approved: 13 Clerk to the Board