HomeMy WebLinkAboutFebruary 17 2009 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 17 2009
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
February 17, 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
Steve Johnson
Scott Keadle
Absent: Marvin Norman
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, Planning & Support Director Ron Smith, Tax Administrator
Bill Doolittle, Finance Director Susan Blumenstein, Code Enforcement and Special Projects
Director Lynn Niblock, EMS Director David Cloer, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Williams.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE: Led by Boy Scout Troop 348 sponsored by
Wesley Memorial Methodist Church
825 Wesley Drive, Statesville, NC
The scouts attending the meeting from Troop 348 were Ben Barker, Clark Williamson,
Ben McKinney, Nathan McElwee, Jacob McNeely, Kyle Ketsdever, and Luke Rodin. Assistant
Scout Masters attending were Mark Williamson, Jeff Barker, Nate McElwee, and Jeff McNeely.
In addition, Boy Scout Bailey Abernathy, with Troop 171, sponsored by Williamson
United Methodist Church in Mooresville, attended the meeting.
ADJUSTMENTS OF THE AGENDA
MOTIO by Commissioner Johnson to approve the following agenda adjustments:
Additions: • Request for Approval of Budget Amendment #44 (This relates to the Fifth
Street Shelter Ministries Request for Review of a Previous Solid Waste
Waste Landfill Fee Waiver.)
• Announcement of a Vacancy on the Animal Grievance Committee
VOTING: Ayes — 3; Nays — 0.
Presentation of an Appreciation Plaque to Mr. James M. Wilson for 22 Years of
Dedicated Service on the Iredell County Board of Adjustment: Mr. Wilson was unable to
attend the meeting.
Presentation of Annual Reports from the Iredell County Nursing and Adult Care
Home Community Advisory Committees: Ombudsman Cindy Kincaid said the nine -county
Region F area had approximately 250 volunteers advocating on behalf of nursing and adult care
home residents. She said the committee members received 15 hours of initial orientation and in -
facility training, along with an additional 10 hours of on-going training each year. Kincaid said
the advocacy work was accomplished by visiting with the residents, their families, and the
facility administrators. She said Region F had over 15,000 long term care beds, making it the
largest in the state, with Iredell County having 739 nursing home beds, and 774 adult care home
beds. Kincaid said Iredell County had not experienced any new growth in either type of home
during the past year. She then highlighted some of the work accomplished by the committees
as follows:
• Hosted a successful resident rights celebration at the Iredell Senior Center;
• Helped to coordinate other community volunteers;
• Coordinated ICATS transportation for residents to attend the Resident Rights
Celebration.
Committee members attending the meeting with Ms. Kincaid were Ruth Waters, Kathy
Smith, and Mary Jane Sutton. Kincaid said a challenge was having enough members to perform
the advocacy work, and there were vacancies on both committees. She invited the board
members to attend an in -facility visit during 2009.
Chairman Williams said serving on the committees involved much work; however, the
experience was rewarding. He thanked all of the committee members for their service.
Commissioner Johnson requested at least a couple weeks notice on any future in -facility
visits. He suggested for the commissioners to receive e-mailed notices about the visits, and for
the clerk to send the board members' e-mail addresses to Kincaid.
Kincaid said the meetings were scheduled three months ahead, and the notices would be
e-mailed.
Discussion of a Release of Jurisdiction Request to the Town of Mooresville from
Professional Property Services, Inc., Representing Property Owner Michael Shalvoy &
Call for a Public Hearing (Property Location: 872 River Highway, Mooresville, NC):
Planning & Support Director Ron Smith said a request from Professional Property Services, Inc.,
had been submitted for a release of zoning and subdivision jurisdiction to the Town of
Mooresville. Smith said (1) the .54 -acre parcel (PIN# 4637-78-9654) was located at 872 River
Highway (2) it was currently zoned Residential Agricultural, and (3) the proposed use was a two
bay car wash. He said the applicant was requesting a public hearing on March 3, 2009, and the
staff was in favor of the release due to the land use controls implemented by the Town of
Mooresville.
OTION by Commissioner Johnson to schedule a public hearing on March 3, 2009.
Chairman Williams read an e-mail from Commissioner Robertson regarding the release
request as follows:
"I *m not in favor of granting ETJ to Mooresville for any property located in the Catawba River
Watershed. We passed the Soil Erosion and Sedimentation Control Ordinance, and I have asked the
Town Board members to join us in protecting the lake, and streams feeding the lake, ever since we passed
the ordinance. NCDENR is responsible for enforcing state laws regarding the runoff of sediment from
construction sites. The state has failed to enforce their own erosion control laws forcing counties to take
it upon themselves to enforce the state's own laws. Property located in the Town limits is not protected
by the county. When we grant ETJ to Mooresville, we give up our ability to protect the lake from
sediment runoff which is listed as the lake's primary source of pollution. This sediment is the cause of
coves becoming clogged with silt originating from sloppy inadequate erosion control measures at
construction sites. If Mooresville will join the county in protecting the lake, I could support granting ETJ
for many cases in the watershed. Until that time, I cannot support granting ETJ to any properties whose
development sediment can flow into the lake without effective control measures to protect the lake
property owners, and water consumers, who will have their lake property ruined by excessive sediment
runoff.'"
Commissioner Keadle asked Mr. Smith to address Commissioner Robertson's concerns.
Smith said the state was tasked with enforcing the erosion/sedimentation control rules.
He said, however, in Iredell County, the state did not enforce the rules in the unincorporated area
because the county had taken over the program. He said preliminary discussions were occurring
with the Town of Mooresville to basically mirror what Commissioner Robertson had mentioned
in the e-mail. Smith said the county's program was much more attentive than what the state
offered, and the county could address issues much quicker. He said the North Carolina
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Department of Environment and Natural Resources (DENR) office in Mooresville handled a
large region.
Commissioner Keadle asked if the applicant could build a car wash if the property
remained in the county's jurisdiction.
Smith said the property was zoned Residential Agricultural now, and if the applicant
remained in the county's jurisdiction, a rezoning would have to occur. He said the project would
then be in the development process. Mr. Smith said the development process would include
erosion control, zoning, and the building construction.
Keadle asked if this would be considered a hindrance to the applicant's plans.
Smith said probably not, based on the county's land use plan, and the car wash would
comply. He said a car wash might not be the best use; however, generally speaking, it complied
with the zoning.
Keadle asked how the applicant would be impacted if the board did not schedule a public
hearing as requested.
Smith said the property was due to be annexed in June 2009 so there might be a four or
five-month delay.
Keadle asked how the applicant would be affected if the board delayed a decision for two
weeks or until March 3.
Smith said this would only delay the process by two weeks.
Commissioner Johnson said a map of the area revealed dozens of homes behind the
proposed car wash site. He questioned whether or not the board had discussed the residential
development, and the soil removal, as much as the proposed car wash that was on a half -acre of
land.
Commissioner Keadle asked, assuming the board approved the public hearing, if the
action was irreversible.
Smith said the scheduling of a public hearing was the first step in a lengthy process. He
said that if the public hearing were held, and the site was released, then it would be under the
Town's jurisdiction. He said the Town would then have to advertise and establish the zoning.
Continuing, he said the applicant wasn't gaining that much time by going through the county
first.
VOTING: Ayes — 3; Nays — 0.
Request for Approval of the January 2009 Refunds and Releases: Tax
Administrator Bill Doolittle requested approval of the following refunds and releases:
Releases for the month of January 2009
$54,981.85
Monthly
Total
Breakdown of Releases:
County
$33,449.87
Solid Waste Fees
$315.75
E. Alex. Co. Fire #1
$7.74
Shepherd's Fire #2
$161.39
Mt. Mourne Fire #3
$40.06
All County Fire #4
$2,385.25
B&F Fire #5
$60.36
Statesville City
$1,352.49
Statesville Downtown
$0.00
Mooresville Town
$15,246.45
Mooresville Downtown
$65.09
Mooresville School
$1,680.91
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Love Valley $0.00
Harmony $0.00
Troutman $216.49
Davidson $0.00
Refunds for the month of January 2009
$8,439.36
Account #
Monthly
Breakdown of Refunds:
Total
County
$6,523.33
Solid Waste Fees
$174.27
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$34.72
Mt. Mourne Fire #3
$0.00
All County Fire #4
$707.73
B&F Fire #5
$22.35
Statesville City
$169.48
Statesville Downtown
$0.00
Mooresville Town
$663.19
Mooresville Downtown
$0.00
Mooresville School
$144.29
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
MOTTO by Commissioner Keadle to approve the refunds and releases as presented.
VOTING: Ayes — 3; Nays — 0.
Request for Approval of a Service Agreement Memorandum with Centralina
Council of Governments for the Regional Orthophotography Project & Authorization for
the County Manager to Sign the Document: Tax Administrator Bill Doolittle requested
approval of an $8,000 service agreement with Centralina to facilitate the Phase II portion of the
2009-10 orthophotography project. He said the money had been budgeted.
MOTIO by Commissioner Johnson to approve the Regional Orthophotography Service
Agreement with Centralina Council of Governments as presented.
VOTING: Ayes — 3; Nays — 0.
Request from the Elections Department for Approval of Budget Amendment #40 for
the Appropriation of a $26,000 One Stop Voting Grant to Pay Part -Time Salaries: County
Manager Mashburn said grant funds needed to be appropriated to pay part-time workers.
MOTTO by Commissioner Keadle to approve Budget Amendment #40 as presented.
VOTING: Ayes — 3; Nays — 0.
BA#40
To appropriate One Stop Voting Grant funds to pay for pan -time salaries.
Account #
Current
Change
Amended
104425 434500 44253
105425 510030 44253
One Stop Voting Grant
Part -Time Salaries Election Day
(26,000)
26,000
(26,000)
26,000
Request to Award an Animal Shelter Design Contract to Daggett & Griggs in the
Amount of $200,000 Contingent Upon Contract Review/Approval by the County Attorney:
Code Enforcement & Special Projects Director Lynn Niblock said a contract with Daggett &
Griggs was recommended for the new animal shelter design work. He said the architectural firm
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would work with local firm Gilbert Engineering on the project. Niblock said that at the end of
the schematic design phase, the first cost estimate would be shared, and after the design
development phase, a revised estimate would be provided. He said at either phase, should the
construction not be feasible, the contract could be cancelled.
Chairman Williams asked the projected design date.
Niblock said the design work would take about five months, then the project would be
put out for bids. He said construction could begin in about six months, which would be in the
next fiscal year.
Williams asked if the construction plans would have to scrutinized similar to other public
buildings.
Niblock said due to the building being at least 10,000 sq. ft., and being a public facility,
the Department of Insurance would have to review the plans.
Commissioner Johnson noted the project budget was $3 million. He said that due to the
proposed location for the building there should not be any unforeseen problems; however, he
asked if there was any contingency built into the budget.
Niblock said the $40,000 for miscellaneous costs and soil testings was considered as the
contingency.
Chairman Williams asked if there were any alternates.
Niblock said value engineering had been discussed. He said some of the kennels could
be eliminated if needed, plus some interior space could be left unfinished.
Johnson mentioned the $10,000 furniture allowance. He said it was assumed that some
new furniture would be bought, plus some would be used from the existing facility.
Niblock said this was correct.
OTIO by Commissioner Johnson to award the Animal Shelter Design Contract to
Daggett & Griggs in the Amount of $200,000 Contingent Upon Contract Review/Approval by
the County Attorney.
VOTING: Ayes — 3; Nays — 0.
Request from the Juvenile Crime Prevention Council for Approval of Budget
Amendment #41 to Recognize & Appropriate Additional JCPC Funds: Finance Director
Susan Blumenstein presented a budget amendment to recognize additional funds of $12,472.
She said the council met in November and recommended a funding plan for the $12,472 as well
as an additional $19,502 that was unallocated. Blumenstein said the JCPC recommended for the
funding to be used for additional bed days at Barium Springs Home for Children, substance
abuse counseling, juvenile mediation, and an additional appropriation to SCAN for at -risk
children.
OTIO by Chairman Williams to approve Budget Amendment #41 as presented.
VOTING: Ayes — 3; Nays — 0.
BA#41 To reoogrize additional Juvenile arae Prevention Ccun dl Funds and appropriate nswfunds and
previously received unallocated funds to program as recorrrreoded the loca Council.
Amount (anent ()range Amended�]
IN .. l •- ..o o. .,
5
(273,918)
(12,472)
(286,390)
21,002
(19,502)
1,500
78,908
13,590
92,498
9,453
11,341
20,794
L•:'�:L "iLTiCTI _ • A? , • 111 1 1 1 1' •• , ' 111 "19MEMO
Request from Appropriate Placement Options (APO), Inc., for Approval of a Resolution
Requesting the General Assembly to Support Criminal Justice Partnership Programs:
APO Executive Director Pam Navey requested approval of a resolution that was being circulated
statewide to encourage the North Carolina General Assembly to continue funding the Criminal
Justice Partnership Programs.
MOTION by Commissioner Johnson to approve the resolution as presented.
VOTING: Ayes — 3; Nays — 0.
RESOLUTION IN SUPPORT OF CRIMINAL JUSTICE PARTNERSHIP PROGRAMS
WHEREAS, the Iredell County Criminal Justice Partnership Program addresses issues of Alcohol and
Substance Abuse, Domestic Violence, Cognitive Behavioral Intervention, Education and Employment needs; and
WHEREAS, Criminal Justice Partnership Programs — with strong, involved local leadership and adequate
funding can help relieve prison and jail cost, reduce recidivism and dependency on Social Welfare programs while
providing appropriate community responses to crime; and
WHEREAS, the County of Iredell provides these services and treatments to community-based program
participants for whom it would otherwise be unaffordable without Criminal Justice Partnership Grant Funds; and
WHEREAS, in order to adequately address both the immediate and future needs of these eommunav-based
programs with all of its valuable assets, it is necessary that revenue continue to be provided to ftmd the Criminal
Justice Partnership Program.
NOW THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners requests
support of the North Carolina General Assembly during its budgeting processes to secure funding for the North
Carolina Department of Community Correction, Criminal Justice Partnership Programs, thereby insuring
continuity, and progress in addressing treatment and rehabilitation needs of individuals within our community.
Request from the EMS Department for Approval of (1) a Franchise Renewal
Agreement with NuCare of the Carolinas and (2) Revisions to the Current Ambulance
Franchise Ordinance: EMS Director David Cloer said NuCare desired to renew an ambulance
service franchise. He said (1) there had been a "tremendous improvement" in NuCare's services,
(2) the renewal agreement had been reviewed and (3) a recommendation was being made to
renew the agreement for a maximum three-year term. Cloer said it was also recommended for
the county's franchise ordinance to be amended by stipulating a renewal maximum of three
years, and that an administrative fee of $1,500 be added to cover any costs for future application
reviews.
Commissioner Johnson asked if the county's EMS staff continued to inspect NuCare's
ambulances and to review the services.
Cloer said yes. He said inspections occurred when new ambulances were added, and
when they were taken out of service but later returned to the fleet. Mr. Cloer said that in the
past two years, every vehicle had passed without an incident. Additionally, Cloer said the State
Office of EMS performed a surprise inspection in February, and NuCare passed without any
complications.
Commissioner Johnson said the proposed $1,500 fee would be for review of the renewal
application along with the periodic inspections of the franchisee.
Cloer said yes -- it would be for the review of the training records, plus the review
involved in the inspections.
Johnson asked if it was necessary for companies, especially those that had demonstrated
good service, to supply a financial statement.
Cloer said financial statements were required, and this was in the county's ordinance.
NuCare's Chief Administrator Jeff Corbett said the past two years had been a time of
growth and improvement for the company.
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NuCare Director John Barrett said in May of 2007, when he began employment with the
company, the following issues were immediately addressed:
• Hiring process was changed
• Improved patient care
• Moved to a larger office
• Hired a full time training officer (implemented in-house training programs)
• Added two trucks (Three were operating in 2007. Total of five to date.)
The new trucks are especially helpful on Saturdays due to an increased call volume on
this day of the week.
• Worked on compliance records
• Changed the uniforms
• Purchased new equipment
• Set up a web site and implemented e-mail for staff
• Working on Advanced Life Support (ALS) coverage (Actually working with Iredell
County EMS Dept. on this item.)
• Overall, the company's focus changed. (Remodeled the organization to have
"more of an EMS mentality.") Morale is up, retention is better.
Commissioner Johnson said the company appeared to be in good financial shape, and he
had concerns about regulating a business to an unnecessary point. Mr. Johnson mentioned that at
the next meeting, the board could review the need for a financial statement. He mentioned that a
list of trucks might be supplied instead. Johnson said the list could indicate which trucks were
deleted from service, what vehicles were added, and the average tenure of the employees.
Johnson asked the EMS Director if this type of report, rather than a financial statement, would
provide enough information on the company's stability.
Cloer said yes, especially if no problems were being experienced.
Corbett said that when the franchise was first approved, systemic changes occurred. He
said his position represented the company ownership, and he was empowered to make any
decisions locally on their behalf. Mr. Corbett said NuCare was more than willing to provide any
needed information; however, rather than paying accountants, the company would prefer to
spend this money on training and equipment.
Commissioner Keadle asked if an audited financial statement was required, or just a
financial compilation. He asked what branch of government created the law, and what was
stipulated.
County Manager Mashburn said it was a part of the county ordinance. He said that in
order for the county to not request an audited financial statement, the ordinance would have to be
amended. He said the county did not grant exclusive franchises, and it was possible another
company might request a franchise. Mashburn said the board needed to consider this factor.
Johnson said he was referring to a franchise renewal. He asked if the county could
distinguish between a new applicant and a franchisee seeking renewal.
Mashburn said yes, if revisions were made to the ordinance.
Johnson said the county needed some assurance on new applicants that they were
financially stable. He said if the company provided excellent service, then he felt less inclined to
burden them with a financial statement.
Corbett said only a financial statement was needed on a renewal; however, an audited
statement was required for an initial application.
MOTTO by Commissioner Johnson to renew the NuCare Franchise Renewal
Agreement.
VOTING: Ayes — 3; Nays — 0.
Note: For only renewal applicants, Commissioner Johnson requested that in place of a
financial statement, a list of the fleet vehicles be supplied (vehicles in service at the beginning of
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the service period, and the vehicles in service at the end of the period). He said the county could
determine if the company had modernized the fleet. In addition, a roster of personnel including
the length of tenure would be supplied, and a letter of recommendation from the EMS Director.
Request for Approval of an Audit Contract with Martin Starnes & Associates,
CPAs for the Year Ending on June 30, 2009: Finance Director Susan Blumenstein said an
annual independent county audit by a certified public accountant was required by state law, and
Martin Starnes & Associates was recommended at a cost of $39,000 for fiscal year ending
June 30, 2009. Blumenstein said the company would provide the audit; however, the report
would be completed in-house to reduce costs.
OTION by Commissioner Keadle to contract with Martin Starnes & Associates for the
annual audit.
VOTING: Ayes — 3; Nays — 0.
Request from Fifth Street Shelter Ministries for a Re -Review of a Solid Waste
Landfill Fee Waiver: County Manager Mashburn said that in 2007, a demolition fee waiver of
$64,500 was granted to Fifth Street; however, only $19,042 was used leaving a balance of
$45,458. He said a budget amendment had been drafted to move the $45,458 into this fiscal
year; however, Fifth Street estimated an additional $12,000 would be needed.
Finance Director Susan Blumenstein said that when the 2007 appropriation was
approved, it was at the $30 a ton rate, and since that time, the fee had increased to $37.
Blumenstein said the Fifth St. buildings were torn down in two parts with the first part being
removed last spring, and this debris total had already been paid out. She said the new shelter
was built, and then the old Avery Sherrill Building site was demolished in December (2008) and
January (2009). Blumenstein said Fifth Street was requesting additional funding because the
tonnage rate had increased.
Mashburn said the tonnage rate plus the number of demolition loads had increased. He
said through February 1, the landfill charges were $73,654.32.
Chair Williams said it was understood that $45,158 needed to be moved from last year to
this year's budget, and an additional $12,000 was needed. He asked what was spent last year.
Mashburn said $19,042.
Commissioner Johnson said the original intent was to waive the demolition landfill fees
for the project. He said later, the board of commissioners increased the tonnage rate due to the
rising fuel costs.
Commissioner Keadle asked if the recommendation of the staff was the net effect of
honoring the $30 a ton fee.
Mashburn said this was a large portion; however, more demolition debris had occurred
than Fifth Street had estimated.
Keadle asked what needed to be done to honor the original board action.
Mashburn said it was the intent of the 2007 board to grant the request to cover the fees.
He said if the board, at that time, had known the total number of debris loads, he felt the entire
cost would have been covered.
MOTION by Commissioner Johnson to approve Budget Amendment #44 for Fifth Street
Shelter Ministries.
VOTING: Ayes — 3; Nays — 0.
Note: Mashburn clarified the situation by saying the request was to cover only the
demolition debris, and that the new construction debris fees would have to be paid by
either the contractor or Fifth Street.
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•.11 • r • • r . u ♦ : • �� • 1 :vR
105480
530200 Contingency 180,000 (12,000) 168,000
105485
• •- ••• • 111
57,458.00
Request for Approval of the February 3, 2009 Minutes: MOTION by Commissioner
Keadle to approve the minutes as presented.
VOTING: Ayes — 3; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON
BOARDS & COMMISSIONS
Animal Grievance Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (5 appointments): OTION by
Commissioner Johnson to postpone the five appointments until the March 3 meeting.
VOTING: Ayes — 3; Nays — 0.
OTION by Commissioner Keadle to postpone the nominations to the other boards and
committees listed on the agenda until the March 3 meeting when the other two commissioners
might be attendance.
VOTING: Ayes — 3; Nays — 0.
The following boards/committees will be acted upon at the March 3, 2009 meeting.
Criminal Justice Partnership Program (1 appointment)
Statesville Planning Board (ETJ) (1 appointment)
Nursing Home Advisory Committee (2 appointments)
Animal Grievance Committee (I appointment)
1 -CARE Board of Directors (1 appointment)
PUBLIC COMMENT PERIOD: An opportunity was provided for citizen comments,
but no one accepted.
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COUNTY MANAGER'S REPORT: A written activity report was distributed.
CLOSED SESSION: County Manager Mashburn said a property acquisition item was
listed on the agenda, but the closed session was no longer needed.
ADJOURNMENT: There being no further business to conduct, Commissioner Keadle
made a motio at 8:10 P.M., to adjourn. (NEXT MEETING: Winter Planning Session
scheduled for Friday, February 27, 2009, and Saturday, February 28, 2009, at the Agricultural
Resource Center, 444 Bristol Drive, Statesville, NC.)
Approval:
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Clerk to the Board